Date: 16thMay 2022

Request for Quotation (RFQ)

Subject: Construction of the Drainage system for the 2009 meter road as per the Bills of Quantity
at EMIL Beneficiation and Palletization Plant, Basantpur, Odisha

1. Scope of Work:
1.1. Contractor shall be responsible for construction of Drainage system alongside the Rigid
pavement PQC Road having Length 2009 (Two Thousand Nine) meters comprises of two
sections i.e. 903 meters and 1106 meters having Width 7(Seven) meters each and deliver the
work as per BOQ as mentioned in the Annexure I.
1.2. Contractor shall use Steel reinforcement of TATA/SAIL make and Cement of
Ultratech/Equivalent make wherever required under the BOQ.
1.3. Contractor shall be responsible for providing and arranging all infrastructure and facilities
required for execution of scope of work including Lodging, Boarding and other amenities as
required for its worker/staff at his own cost.
1.4. EMIL shall provide Water at one point and any distribution thereof for work shall be in your
scope.
1.5. Contractor shall mobilize Batching Plant.
1.6. Mix Design of Concrete: PQC/DLC design mix for concrete from NIT Rourkela shall be
submitted by Contractor.
2. Contract Price:
2.1. Contractor shall provide the Basic estimated “Contract Price” as per BOQ.
2.2. Contract Price and unit rate of each item mentioned in the Schedule of Rates (SOR) as per
Annexure-I, shall remain firm, fixed and binding till the completion of the Works (including
extended period if any) or earlier termination of the Contract, subject to (i) suitable adjustment
in respect of LD for Delay, (ii) changes in the taxes & duties.
2.3. Unit Rate quoted of each item mentioned in SOR shall includes all direct, indirect or ancillary
costs, overheads and profits, (including all material incorporated in Permanent Works,
consumables, Materials, Temporary Works etc.) loading and unloading, handling, Tests, Test
on Completion, procurement of all Applicable Permits, royalty etc. as required during the
execution of the Contract, necessary formwork, scaffolding, staging and all Temporary Works,
all Plant and equipment cost including their operation, maintenance and fuel, oil, lubricants,
safety equipment and measures, mobilization and demobilization of manpower, plant and
equipment, material etc. at Site, Taxes, duties, royalties, all statutory levies etc., unless it is
explicitly provided otherwise as conditions of this Work Order.
2.4. For each item of work, the appropriate rate or price for the item shall be the rate or price
specified for such item in the Schedule of Rates. Any new rate or price shall only be
determined in as per mutual discussion between EMIL and Contractor.
2.5. The quantities of various items as entered in the “Bill of Quantities (BOQ)– Annexure I” are
indicative only and may vary depending upon the actual requirement. The Contractor shall be
bound to carry out and complete the stipulated Work irrespective of the variation in individual
items specified in the Bill of Quantities.
2.6. For change in estimated contract value within +/(-)10%, Unit rates of each BOQ item shall
remain unchanged. However, for any increase in executed quantity beyond estimated contract
Price of INR 5.96Crore, contractor shall obtain written approval from EMIL Nodal Officer for
execution of such work.

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2.7. For change in estimated contract value beyond +/(-)15%, Unit rates of each BOQ item shall
be mutually discussed for such additional/reduced quantity.
2.8. It is expressly agreed that the rates quoted in the Schedule of Rates are inclusive of all Taxes
except GST. GST shall be paid at applicable rate.
2.9. Contractor shall be deemed to have satisfied itself before entering into the Contract as to the
correctness and sufficiency of the Contract Price (including the offered LD for Delay) to cover
all its obligations under and in relation to the Contract and all matters and things necessary
for the proper design and execution of the Works whether the same is expressly provided for
in the Contract, or is to be reasonably inferred there from, or is necessarily incidental thereto.
3. Completion Schedule & Effective Date:
3.1. Contractor shall mobilize its resources at site within 15 days from date of confirmation.
3.2. Contractor shall complete the execution of scope as per BOQ within xxx calendar days (this
period shall also include Mobilization Period) excluding the delay due to the hindrances as
under:
3.2.1. Continuous Rainfall for over 2(two) hrs should be considered as loss of 1 day work,
3.2.2. Agitation by Political or local bodies and curfew.
3.3. A joint hindrance register shall be maintained at Site duly signed by EMIL and Contractor
representative.
4. Payment Terms:
4.1. Mobilization Advance:
4.1.1. 5%(Five percent) of Basic Contract Price shall be paid as an advance against completion of
Site Mobilization and issuance of Work Order, wherein contractor shall define the Site
Mobilization.
4.2. Payment in General:
4.2.1. All amounts payable under the Contract shall become due to the Contractor only on
submission to the Owner of the Acceptance of the Work Order, the Final Bill accompanied by
the Completion Certificate. Nothing provided in the Contract shall be deemed to confer any
rights or entitlement on the Contractor to receive ‘on account’ payments or any other advance
payments whatsoever, nor shall any failure or delay by the Owner to make any ‘on account’
or advance payment(s) as herein envisaged or otherwise afford the Contractor any ground or
basis for extension of time for completion or otherwise relieve the Contractor from any of its
liabilities under the Contract.
4.2.2. All ‘on account’ payments shall be regarded merely as advance payments against the amount
which will become due to the Contractor in accordance with the terms of theContract, and any
such payments shall be without prejudice to the full rights of the Owner and to the liabilities of
the Contractor. Any payment made to the contractor under the Contract shall not be regarded
as acceptance or completion of any work(s),notwithstanding any such payment, verification
or certification by the Nodal Officer etc.
4.2.3. All payments made to the Contractor under the Contract including ‘on account’ payments shall
be subject to deductions therefrom of all dues to the Owner, retention monies and other
deductions provided for in the Contract, and Taxes and other monies deductible under the
Applicable Laws, including under the provisions of Section 194-C of the Income Tax Act or any
other law, rule or regulation for the time being in force.
4.3. Withholding of Payment
4.3.1. The Nodal Officer may decline to certify payment and may withhold the Interim Payment
Certificate in whole or in part, to the extent necessary to reasonably protect the Owner. If the
Contractor and the Nodal Officer cannot agree on a revised amount, the Nodal Officer will
promptly issue a Certificate of Payment for the amount for which he is able to make such

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 representations to the Owner. The Nodal Officer may also decline to certify payment or,
because of subsequently discovered evidence or subsequent observations,he may nullify the
whole or any part of the Certificate of Payment previously issued, to such extent as may be
necessary in his opinion to protect the Owner from loss because of:
4.3.1.1. persistent failure of Contractor to carry out the Work in accordance with the Contract
Documents;
4.3.1.2. failure of the Contractor to make payments properly to Subcontractors or for labour, Materials
or Contractor’s Equipment;
4.3.1.3. reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Price;
4.3.1.4. damage to the Owner or Other Contractors;
4.3.2. The Nodal Officer may withhold all or part of any payment due to any reason stated in above
Article. When the above grounds in Article above are removed, payment shall be made for
amounts withheld because of them.
4.3.3. In case the Owner supplies any materials, the cost of the same shall be recovered from the
Contractor as per the actual cost of the material plus all applicable Taxes plus fifteen percent
(15%) towards procurement andhandling charges. All such costs are adjusted from Running
Account Bills or any money due to the Contractor in the subsequent month under this or any
other contractsentered into with the Contractor.
4.4. Payment of Bills:
4.4.1. The payments shall be released on progressive work as certified by the Nodal Officer after
adjusting the net payable amount in each Running Account Bills towards Retention Money
and any other deductions as per the provisions of the Contract Documents.
4.4.2. 90% (Ninety Percent) of Basic Running Value, less statutory deduction along with 100%
applicable GST shall be paid as progressive payment. These payments shall be treated as
advance payment against certified final bill. Payment shall be made within 10 working days
from the date of receipt of running bill, subject to Work Measurement Certified & Issued by
Nodal Officer.
4.4.3. 5% (Five percent) of Basic Running Value shall be retained and released within 15 (fifteen)
days from the date of Final acceptance of work and on submission of PBG of equal amount
valid till Defect Liability Period expires after adjustment of LD or statutory dues, if any.
4.5. Correction of Certificates
4.5.1. All ‘on account’ interim payment processed through the payment certificate shall be considered
as an advance payment only and any amount overpaid or underpaid shall be adjusted in the
anysubsequent payment certificate or in Final Bill, as the case may be. The Nodal Officer shall
have power to deduct from any certification of amounts due to the Contractor the value of any
work done, Goods or Materials supplied, or services rendered with which he may for the time
being be dissatisfied and for that purpose or for any other reason may delete, correct or modify
any sum previously certified by him, as he may think fit or proper.
4.6. Owner’s Right to Set Off
4.6.1. The Owner shall, notwithstanding any provision to the contrary included in the Contract, be
entitled to deduct from and set off against any amount due to the Contractor under the
Contract any amount or amounts which the Contractor is liable to pay to the Owner underthe
Contract.
4.7. Application for Final Bill
4.7.1. As soon as possible, but not later than thirty (30) days from the completion of the Punch List
Work, the Contractor shall submit, to the Nodal Officer, a draft final bill with supporting
documents showing in detail in a form approved by the Nodal Officer:

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4.7.1.1. the value of all work done in accordance with the Contract,
4.7.1.2. interim ‘on account’ and other payments received till date under the Contract,
4.7.1.3. any further sums which the Contractor considers to be due to him under the Contract and are
Notified Claims, and LD for Delay (as applicable).
4.7.1.4. If the Nodal Officer disagrees with or cannot verify any part of the draft finalbill, the Contractor
shall submit such further information as the Nodal Officer may reasonably require and shall
make such changes in the draft as may beagreed between them. The Contractor shall then
prepare and submit to the Nodal Officer the final bill as agreed. This agreed statement is
referred to as the “Final Bill”.
4.7.1.5. However, if following discussions between the Nodal Officer and the Contractor and any
changes to the draft final bill which are agreed, it becomes evident that a dispute exists, the
Nodal Officer shall deliver to the Owner (with a copy to the Contractor) an Interim Payment
Certificate for the agreed parts of the draft final statement. Thereafter, if the dispute is finally
resolved under Article[Dispute Resolution], the Contractor shall then prepare and submit to the
Owner(with a copy to the Nodal Officer) a Final Bill.
5. Discharge Certificate:
5.1. When submitting the Final Bill, the Contractor shall submit a written discharge certificate which
confirms that the total of the Final Bill represents full and final settlement of all amounts due to
the Contractor under or in connection with the Contract. This discharge certificate may state
that it becomes effective on such date when the Contractor has received the Bank Guarantee
and the outstanding balance of this total.
6. Issue of Final Payment Certificate
6.1. Within thirty (30) days after receiving the Final Bill and written discharge in accordance with
Clause [Application for Final Bill] and Clause [Discharge Certificate], the Nodal Officer shall
issue, to the Owner, the Final Payment Certificate stating:
(a) the amount which is finally due, and
(b) after giving credit to the Owner for all amounts previously paid by the Owner and for all sums
to which the Owner is entitled, the balance (if any) due from the Owner to theContractor or
from the Contractor to the Owner, as the case may be.
7. Cessation of Owner’s Liability
7.1. The Owner shall not be liable to the Contractor for any matter or thing under or in connection
with the Contract or execution of the Works, except to the extent that the Contractor shall
have included an amount expressly for it:
(a) in the Final Bill; and
(b) except for matters or things arising after the issue of the Completion Certificate for the
Works in the Final Bill described in Clause [Application for Final Bill].
8. Contract Performance Bank Guarantee (CPBG)
8.1. The contractor shall submit the Contract Performance Bank Guarantee (CPBG) equivalent to
5% (Five percent) of the Estimated Contract Price for ensuring the due performance of the
Contract shall be valid up to tenure of this Work Order with an additional claim period of
60(sixty) days beyond the Scheduled Completion Date for entire Works. In case of delay in
completion of Works, the validity of Contract Performance Bank Guarantee (CPBG) shall be
extended up to sixty (60) days from the revised Scheduled Completion Date or as directed by
the Owner. Upon submission of the Contract Performance Bank Guarantee (CPBG) and its
acceptance, Earnest money submitted at the time of offer submission shall be returned to the
Contractor.
8.2. Contractor shall maintain the Contract Performance Bank Guarantee (CPBG) at its own
expense, and shall ensure that the same shall remain valid till the issuance of Completion

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 Certificate for entire Works. In the event of a revision of the Contract Price in excess of Fifteen
percent (15%) during the Contract for any Variation or any reason whatsoever, the value of
the Contract Performance Bank Guarantee (CPBG) shall be revised proportionately by the
Contractor within ten (10) working days.
8.3. In the event of the Contractor is in breach of its obligations, the Owner shall be entitled, without
prejudice to its other rights and remedies hereunder, to encash and appropriate the Contract
Performance Bank Guarantee (CPBG). Upon encashment and appropriation of the Contract
Performance Bank Guarantee (CPBG), the Owner shall give a notice period of ten (10) days
to the Contractor to provide a fresh Contract Performance Bank Guarantee (CPBG), and the
Contractor shall within the time so granted furnish to the Owner such Contract Performance
Bank Guarantee (CPBG), failing which the Owner shall be entitled to terminate the Contract
in accordance with the General Conditions in the contract.
8.4. If the Contract Performance Bank Guarantee (CPBG) is or becomes invalid for any reason
(other than its expiry), the Contractor shall immediately notify the Nodal Officer and obtain
within seven (7) days a replacement Contract Performance Bank Guarantee (CPBG) in the
form appearing in the Special Conditions.
8.5. No later than sixty(60) working days before the expiry of the Contract Performance Bank
Guarantee (CPBG), the Contractor shall, inform the Owner and obtain extension of the validity
of such Contract Performance Bank Guarantee (CPBG) for the period required by the Owner.
The Contractor shall provide a copy of such renewed guarantee to the Owner.
8.6. Notwithstanding any other provision of the Contract:
(a) submission by the Contractor of the requisite Contract Performance Bank Guarantee (CPBG)
shall be a condition precedent to any payment required to be made by the Owner to the
Contractor under the Contract; and
(b) failure by the Contractor to provide the Contract Performance Bank Guarantee (CPBG) within
a period of fifteen (15) days from issuance of this Work Order shall amount to breach of
Contract and shall entitle the Owner to withdraw the Work Order and terminate the Contract
by notice in writing to that effect, notwithstanding that the Contractor may have been permitted
to proceed with the Works. The Contractor shall not be entitled to any compensation
whatsoever as a consequence of such termination.
9. Performance Bank Guarantee
9.1. Upon completion of the Work and before the issuance of Completion Certificate, the
Contractor shall notify the Owner and submit a Performance Bank Guarantee for an amount
equivalent to FIVE percent (5%) of the Contract Price (excluding GST), with an initial validity
up to sixty (60) days beyond the end of Defect Liability Period of the Work. In case of delay in
completion of Works, the validity of Performance Bank Guarantee shall be extended by the
period of such delay. The Completion Certificate shall be issued and Contract Performance
Bank Guarantee (CPBG) shall be released to the Contractor only upon submission of
Performance Bank Guarantee in accordance with this Article. The Performance Bank
Guarantee shall be from any nationalized or scheduled bank or any other bank acceptable to
Owner. Performance Bank Guarantee shall be returned to the Contractor within sixty (60)
days upon fulfilling all its obligations and successful completion of Defect Liability Period or
any extension thereto.
9.2. The Performance Bank Guarantee shall be in the form of an unconditional and irrevocable
bank guarantee and as per format provided by EMIL.
9.3. However, Contractor may convert the CPBG into PBG

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10. Liquidated Damages (LD):
10.1. If Contractor fails to deliver complete scope of work as per schedule mentioned in Clause 3
of this Work Order, for reasons not attributable to EMIL & Force Majeure Condition, then
Contractor shall, without prejudice to other rights and remedies available under the law to
EMIL on account of such breach, be liable to pay liquidated damages@ 0.50% (half percent)
of total order value (excluding GST) per week or part thereof for such delayed period.
However, the aggregate of such LD shall not exceed 5% (Five Percent) of the total basic order
value (excluding GST).

11. NODAL OFFICER

11.1. For day-to-day communications, Nodal Officer appointed by EMIL shall be the single point of
contact for all communications related to this work. Contractor shall mark copy of all these
correspondence/communication to Engineer-in-Charge appointed by EMIL.
11.2. Contractor shall submit daily/ weekly progress report (DPRs) as per format provided by Nodal
Officer.
11.3. EMIL shall depute and inform the details of the Nodal Office and Engineer in Charge to the
contractor.
12. CONTACT DETAILS
12.1. Following are the contact details of the Contractor in relation to this work order.
Contractor Details:
Contact Person:
Contact No. :
Email ID :
PAN No :
GSTIN No :
13. Defect Liability Period:
13.1. Contractor shall provide Warrantee/Guarantee that the work free from defects workmanship
for a period of twelve (12) months which shall commence immediately upon the satisfactory
Final acceptance by EMIL.
13.2. No repair or replacements shall normally be carried out when work is under
Warranty/Guarantee
13.3. During Defect Liability Period, if Contractor unable to rectify the defects within the reasonable
time as set out in written notice by EMIL, then EMIL shall rectify the defects by other means
at the risk and cost of the contractor and recover appropriate amount as arrived by EMIL from
retention money or PBG
14. Submission of Offer:
14.1. The Contractor shall require to submit its offer along with confirmation of the terms and
conditions latest by 16:00 PM 19th May 2022 in 2 separate file (one un priced and priced) to
Mr. Chandra Shekhar Shastri AT [email protected] and copy to Mr. Parvesh Garg
AT [email protected].

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 Annexure-A: SOR/BOQ of the Scope under this Work Order

SL. Item Description

No Unit Qty Rate
Earth work in excavation of foundation trenches or drains, in all sorts
of soil including disposal of excavated soil upto to a lead of 2 km, as
directed. The item includes necessary trimming the sides of trenches,
levelling, dressing and ramming the bottom, bailing out water as
required, complete.

1 cum 7055.1
Earth work in filling in foundation trenches or plinth with excavated
earth, in layers not exceeding 150 mm.including watering and
ramming etc. layer by layer complete, with earth obtained from
excavation of foundation.
2 cum 2800.2
Providing & carrying out Plain Cement concrete with graded stone
ballast in 1:3:6 proportion.
3 cum 426.3
Providing and carrying out shuttering work for concreting work, with
centering below & above plinth with necessary staging upto 4 m using
approved stout props and hard wood planks of approved thickness
with required bracing for concrete fundation, pedestal, slabs, beams
and columns, lintels curved or straight including fitting, fixing and
removal of shuttering after completion of concrete works

4 sqm 15826
Providing & casting Concrete of M 25 Grade with well graded stone
chips of 20 mm nominal size containing designed quantity of cement
per Cum of wet concrete produced in computerised batching plant
under controlled condition using approved super plastisizer,
designing
concrete mix following I.S. 10262 and I.S. 456, transporting the mix
with agitation in transit mixer to work site depositing the mix on a
platform erected for the purpose at required levels of concreting and
then placing the mix in its final location of form work compacting and
curing the same complete as per specification & direction of the
Engineer-in-charge including computerised batching plant transit
mixer with all accessories vibrators etc. inclusive of all other
incidental
charges in this connection complete.

5 cum 1515.625
Providing and fixing Steel Reinforced (SAIL and TISCO)
for RCC work in all sorts of structures including distribution bars,
stirrups, binders etc initial straightening and removal of loose rust,
cutting to requisite length, hooking bending to correct shape, placing
in proper position and binding with 16 and gauge black annealed wire
at every intersection, complete as per drawing and direction

6 kg 94549.5
Providing and fixing weep holes in RCC concrete walls of drain, culvert
with 75mm AC pipe extending upto the face of drain with slope 1V :
20H towards the drain , as per drawing and direction.
7 each 5850

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 Annexure-B

GENERAL TERMS & CONDITIONS

General Terms and Conditions shall apply to this Work Order and in the event of any conflict with
any specific terms and conditions of Work Order, the later shall prevail.
1. "In case the Suppliers are registered under #Micro, Small & Medium Enterprises Development
Act#, they have to confirm the same along with copy of registration" while sending the invoice.
2. Prices shall remain firm and binding throughout the subsistence of the Work Order and shall not
be subject to any variation and/ or escalation for whatsoever reasons, except mentioned
otherwise in this Work Order. Statutory variation in Taxes & Duties, change in
interpretation/application of any existing Taxes & Duties and/or imposition of any new
tax/duty/levy in India after the Effective Date of Work Order shall be to “The Company” account.
3. General Responsibilities of Service Provider:
3.1. Service Provider shall at its own cost and risk obtain all license approval as may be required for
the execution of the activities under the Work order and submit all necessary documents to “The
Company”
3.2. Service Provider shall ensure, at their own cost and expenses, proper insurance policy for its
workmen at all time during the Work Order period for the purpose of Workmen Compensation
Act 1923 and submit a copy of the same to the company on demand.
3.3. All personnel engaged by the Service Provider in connection with the execution of the Work order
shall be the employee of the Service Provider and no claim shall lie against “The Company” in
respect of non-payment of wages or compensation of any description due to employees or for
any of the Service Provider’s failures in the discharge of obligations to its employees. The Service
Provider shall discharge all obligations in relation to all personnel engaged by the Service
Provider in connection with the execution of the Work order awarded in accordance with all the
applicable laws in force from time to time.
3.4. Service Provider shall issue Employment Card / Letter, Identity Card, Salary Slip, P. F. Numbers
etc. to all the personnel deployed as per this order. Service Provider shall submit a copy of P.F.
& Gratuity Registration Certificate with list of employees before authorized person of “The
Company”
3.5. All personnel engaged by the Service Provider in connection with the execution of the Work order
shall have to follow all the instructions and Standard Operating Procedures (SOP) issued in
respect of Safety Measures by “The Company”
3.6. Service Provider shall at his own cost observe, perform and comply with the provisions of all
statutory enactments, rules, regulations and bye laws framed there under as are applicable,
during the execution of work and shall maintain such registers, documents, records etc., as are
required under various statutes, for production of the same before the “The Company” and/or
other statutory authorities prescribed in this behalf, as and when required. Non-Compliance of
the provisions/stipulations of these Acts/Rules will render the Service Provider liable to payment
of necessary compensation/penalty, as deemed fit by “The Company”. It will be the sole
responsibility of the Service Provider to ensure all kinds of statutory payments to his manpower
and submission of returns etc., to various statutory authorities in time. In case of Service
Provider’s default in making statutory payment in time, “The Company” reserves the right to
deduct necessary amount, statutory dues, arrear of wages, damages etc. from the Service
Provider’s bill towards such payments.
3.7. Service Provider and his authorized representatives shall carry out all such duties and in such
manner as specified under this Work Order or under any oral/written instruction issued by
authorized person of “The Company” from time to time.
3.8. It shall be the duty of Service Provider to see that his Representative(s) are properly performing
their obligation under this Work Order.
3.9. Service Provider’s employees / Agents are solely the employees / Agents of the Service
Provider and must not be considered to be the employees / Agents of “The Company”.

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3.10. Service Provider shall comply with all local labour and laws regarding employment of staff /
employees.
3.11. Service Provider shall comply with any changes to the statutory legislations including
applicable labour laws regarding the minimum wages, allowances, statutory contributions or
other amount payable by Service Provider to its employees.
3.12. Notwithstanding anything contained herein above, the Service Provider shall provide on
monthly basis all the relevant documents / receipts/ challans /proofs to “The Company” on
account of deposit of PF, ESI and all statutory payments that are required to be deposited by
the Service Provider in connection with each and every person providing service to “The
Company” through the Service Provider.
3.13. If it is found that any amount on account of statutory dues (PF, ESI, Gratuity, Bonus etc.) is
due and payable by the Service Provider, such amount even if it is paid by “The Company”,
“The Company” shall be indemnified by the Service Provider and shall be adjusted from the
amount due and payable by “The Company” to the Service Provider or from the Security
Deposit of the Service Provider lying with “The Company”.
3.14. Service Provider shall be responsible for payment or submission of all statutory payments as
per Work Order in respect of the personnel deployed by the Service Provider at the Premises
of “The Company”, including but not limited to wages, overtime dues, Bonus, Provident Fund,
Employees' State Insurance, Workman's compensation, Gratuity and terminal benefits and for
compliance of all statutory laws, bye laws, rules and regulations relating to provision of the
Services and deployment of requisite personnel on the Premises.
3.15. Service Provider has to produce the copy of the License of the Service Provider under Labour
(Regulation & Abolition) Act, 1970 and other relevant Acts as applicable, towards deployment
of his personnel at the site, at the time of execution of the Work Order. Non- submission of the
same by the Service Provider shall be liable for breach of the terms of the Work Order, for
which all payments shall be withheld by “The Company”, till the same is regularized.
4. Safety Measures:
i. Service Provider shall provide, at their own cost and expenses, necessary safety appliance,
personal protective equipment’s to all workmen in order to prevent accident during carrying out the
work.
ii. “The Company” shall not allow any body to do any act which may cause breach of statutory safety
provision.
iii. In case, if Service Provider fail to provide safety devices and medical facility for the workmen at
site, the “The Company” may make suitable arrangement and recover the cost of the same from
Service Provider’s bill.
iv. Service Provider shall ensure that all its employees duly maintain and strictly follow all COVID 19
related protocols as instructed by “The Company” and the Government.
5. Service Provider shall deploy only trained and adequately skilled work force (No child Labour) for
the execution of this contract.
6. Any person (engaged by Service Provider) who is found undesirable / incompetent, shall be
removed by Service Provider on his own or as per the instruction of “The Company”, from the
site without any financial implications of the same on the company.
7. Service Provider shall not engage any ex-employee of the company.
8. “The company” shall have the right at its sole discretion to discontinue the work fully/partly for
any reason whatsoever and shall have no liabilities for any damages or compensation on account
of loss/profit to the Service Provider.
9. Service Provider shall at all times be responsible for any damages or trespasses committed by
its agent and employees in carrying out the work and shall further be responsible for the acts and
omission of his employees, whether at work site or in the company's premises.
10. Service Provider shall do the house keeping of the work place wherever necessary at no extra
cost on daily basis and handover the site in a manner as instructed by the authorized person of
“The Company”, at the end of the contract.

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11. Service Provider shall keep the separate record of all challan duly signed by “the company's”
Security Department in respect of all items brought by it inside and get the same verified by the
stores and concerned HOD, jointly, wherever required. At the time of full and final settlement,
Service Provider would be relied upon Non-maintenance of the record shall be risk of the Service
Provider.
12. Material provided to Service Provider for carrying out the work will be under its custody. Balance
material after completion of job shall have to be returned by Service Provider to “The Company”
without any extra cost.
13. Service Provider shall make necessary arrangement to safeguard company's property, material,
tools and tackles/equipment to be consumed during the execution of the contract.
14. Service Provider shall be fully responsible for all the damages to “the company” caused by its
workmen and “The Company” shall be entitled to recover from Service Provider's account.
15. Compliance with Laws:
Service Provider shall at his own cost, observe, perform and comply in its execution of this
Agreement with all applicable labor and any other laws applicable to Scope of Work undertaken
by Service Provider, including but not limited to the following:
i. Contract Labour (Abolition & Regulations) Act 1971.
ii. Employee Compensation Act, 1923 and Rules made thereunder.
iii. The Payment of Wages Act, 1936.
iv. The Employees Provident Fund Act, 1952 & Employees Provident Fund Scheme 1952.
v. Employees State Insurance Act 1948
vi. The Payment of Bonus Act 1965.
vii. The Payment of Gratuity Act as and when applicable.
viii. The Mines Act 1952 as applicable
ix. The Mineral Concession Rules 1960 as applicable.
x. The Mines Vocation Training Rules 1966.
xi. Industrial Disputes Act in relation to matters of settlement of various disputes of
retrenchment / lay off, Service conditions of Employees and Maintenance of perfect
industrial peace etc.
xii. Air and Water Pollution Acts.
xiii. Indian Electricity Act and Rules made thereunder (if applicable.
xiv. Information Technology Act, 2000.
xv. Industrial Safety Rules.
xvi. Labour and any other legislation that may be applicable or may become applicable during
the validity period of Work Order
16. Confidential Information:
16.1. All Confidential Information acquired by Service Provider from the “The Company” under this
Agreement shall be and remain the exclusive property of the “The Company”. The Confidential
Information shall be solely used for the Approved Purpose intended by the Parties, unless a
different purpose is hereafter authorized in writing by the “The Company”. The Confidential
Information has commercial value and undertakes that it shall not use any Confidential
Information in any other manner that is contrary to the terms of this Agreement.
16.2. Service Provider shall not disseminate, divulge or in any way disclose, and shall use its best
efforts not to allow disclosure of any Confidential Information of the “The Company” to any third
party except to its employees and directors (“Permitted Recipients”) on a need-to-know basis for
the Approved Purpose and who agree, in advance, to be bound by this Agreement. Recipient is
responsible for the compliance by its Permitted Recipients of the terms and conditions of this
Agreement or for any breach or threatened breach by any of its Permitted Recipients. The
Confidential Information shall not otherwise be made available or disclosed or any access
granted to any other person without the prior written consent of the “The Company”.
16.3. “The Company” reserves the right to exclude Service Provider or any third party if found to be in
breach of clause 16.1 or 16.2 and to take any action in pursuit of remedy for such breach as may
be deemed appropriate.

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17. Intellectual Property - All materials provided by “The Company” for the purposes of this
project/contract are copyright to and will remain the copyright and intellectual property of “The
Company” and all rights therein are reserve.
18. Service Provider is required to advise “The Company” of the identity and role of any and all third
parties necessarily having access to information provided in confidence by “The Company”, prior
to providing any access to such third parties.
19. Right to Audit : “The Company” reserves the right to get the documents/products/services
(related to the contract/order) audited by “The Company” and / or third parties and at such
frequency or phase of implementation or in the post - implementation phase as it may deem fit.
Service Provider is required to assist in such audit and make available your resources and / or
documentation for such audit. Service Provider would be informed of such audit in writing by “The
Company” before the commencement of the audit.
20. Documents:
All activities performed pursuant to this Work Order shall be properly documented and “The
Company” shall have all right to inspect any information and or document or retain copy or use
the documents or information provided by the Service Provider in connection with the Work
Order.
21. Indemnification:
i. Service Provider shall indemnify “The Company” against all third-party claims of infringement of
Patent, Trademark, or industrial design rights arising from use of the Goods or any part thereof
in the country of “The Company”.
ii. Service Provider shall ensure compliance of all statutory obligations and make payments of all
the levies. “The Company” shall not be responsible for any non-compliance and penalties and
consequences arising out of the Service Provider's non-compliance/non-payment.
iii. Service Provider shall indemnify and hold the “The Company” harmless from any loss, liability,
damage, cost and expense which may arise out of or result from (i) claims by third persons
against “The Company”; or the acts or (ii) omissions of the Service Provider, its agents or
employees in connection with this Work order; or (iii) any defects in any material or Service
supplied by the Service Provider ; or
iv. any breach or default in the performance of the obligations of Service Provider hereunder
including any breach of warranty. Service Provider 's indemnification obligations hereunder
shall apply to the extent that any claim is caused by the negligence or misconduct of the
Service Provider 's personnel or agent during the subsistence of this Work order.
v. Service Provider shall indemnify, save and hold harmless the “The Company” and its
employees and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs and expenses of whatsoever nature,
including fees and expenses, in respect of death or injury of any person or loss of or damage to
any property, arising in connection with the execution of the supplies under this Work order and
by reason of delay or negligence or failure on Service Provider's part or by any of Service
Provider's sub-vendors or its employees, officers or agents. Service Provider shall also be
responsible for taking all the required insurances connected with the Scope of the Supplies.
22. Assignment & Sub-letting:
No part of this Work Order nor any share or interest therein shall in any manner or degree be
transferred, assigned or sublet by the Service Provider directly or indirectly to any person, firm or
corporation whatsoever without the consent of “The Company” in writing.
23. GST Compliances:
i. Service Provider shall raise the Tax Invoice/Bill of Supply, as applicable considering the nature
of supply, along with prescribed documents for movements of goods in the prescribed forms and
manner as per applicable GST Laws. Service Provider shall be responsible for classification of
supply to discharge appropriate GST on the supply and would confirm that the GST amount
charged in tax invoice is declared in its returns and payment of taxes is also made.
ii. Where GST is required to be discharged under reverse charge mechanism by the recipient, then
same shall be mentioned on Tax Invoice by the Service Provider. In case of any advance

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 payment, Service Provider shall raise the necessary document and ensure the compliances as
required under GST laws.
iii. Where ever applicable, “The Company” shall deduct Tax at Source under the GST Laws at the
rates prescribed from time to time.
iv. Service Provider agrees to comply with all applicable GST laws, including GST acts, rules,
regulations, procedures, circulars & instructions thereunder applicable in India from time to time
and to ensure that such compliance is done within the time prescribed under such laws. Service
Provider should ensure accurate transaction details, as required by GST laws, are timely
uploaded in GSTN.
v. In case there is any mismatch between the details so uploaded in GSTN by Service Provider and
details available with “The Company”, then payments to Service Provider to the extent of GST
relating to the invoices/s under mismatch will be retained from due payments till such time the
accurate details are finally reflected in the GSTN in terms of GST laws and that the credit of GST
so taken by “The Company” is not required to be reversed at a later date along with applicable
interest.
vi. Any loss of input tax credit to “The Company” for the fault of Service Provider shall be recovered
by “The Company” by way of adjustment in the consideration payable or otherwise.
vii. “The Company” has the right to take action to recover monetary/financial/economic loss including
interest and/or penalty suffered by it due to any non-compliance of applicable GST laws e.g.
incorrect declaration, charging of wrong GST rate, failure/delay in Deposit, failure/delay in upload
of transaction, confiscation of goods by Govt. due to improper documents during movement etc.
by the Service Provider.
viii. Supplementary invoices/debit note/credit note for price revisions or otherwise to enable “The
Company” to claim tax benefit on the same shall be issued by the Service Provider for a particular
year before September of the succeeding financial year.
ix. Any reduction in the agreed contract/purchase price resulting from introduction of any new law,
towards change in applicable tax rate, including eligible credits, in respect of goods and services
to be supplied under the Work Order/Contract, then the Service Providers agree to pass on the
benefit to “The Company” by way of commensurate reduction to the contract/purchase price to
reflect the financial impact of such “Change in law”.
x. Work Order shall be void, if at any point of time you are found be to a black listed dealer as per
GSTN rating system and further no payment shall be entertained.

24. Termination and Suspension:

A) Termination
(i) “The Company” may at any time on breach of this Work Order by the Service Provider, give the
Service Provider a written notice of such breach. If the Service Provider does not take measures
which are considered appropriate by the “The Company”, within a period of 15 (Fifteen) days
after issuance of such notice to remedy that breach, then the “The Company” may terminate this
Work Order at any time thereafter stating therein the date of termination. In that case, “The
Company” shall be entitled to recover payment if any made against this Work Order and
exercising the option to claim damages for non-delivery of services and/or non – performance of
the contractual terms .
(ii) “The Company” reserves the right to cancel the whole or part of the ordered quantity at its
discretion without assigning any reason whatsoever at any time by giving a notice of not less than
15(Fifteen) days. Service Provider shall stop the performance of the Work Order from the date of
termination and hand over all the drawings, documents and equipment including all the rights of
work to the “The Company”. In such an event, “The Company” shall pay the mutually agreed cost
incurred by the Service Provider till the date of termination as final Payment against submission
of necessary documents. No consequential damages shall be payable by the “The Company” to
the Service Provider in the event of such termination.
B) Suspension

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(i) “The Company” may suspend the work in whole or in part at any time by giving Service Provider
notice in writing to such effect stating the nature, the date and the anticipated duration of such
suspension. On receiving the notice of suspension, the Service Provider shall stop all such work,
which the “The Company” has directed to be suspended with immediate effect. The Service
Provider shall continue to perform other work in terms of the Work Order, which the “The
Company” has not suspended. The Service Provider shall resume the suspended work as
expeditiously as possible after receipt of such withdrawal of suspension notice.
(ii) During suspension, the Service Provider shall not be entitled for any claim whatsoever arising
out of any loss or damage or idle labor caused by such suspension.
25. Representations and Warranties: Service Provider hereby represents, warrants and covenants
that:
a) It has necessary power and authority to enter into this Work Order and to perform the obligations
contemplated hereunder and to abide by the duties and obligations to be complied hereunder.
and the Work Order is executed by a duly authorized representative.
b) It has the necessary and complete infrastructure to duly perform the obligations contemplated
under this Work Order and abide by the duties and obligations hereunder to the reasonable
satisfaction of “the Company”
c) It has obtained and remained as valid necessary registrations including registration, permissions
all authorizations and/or licenses required in law for the purpose of providing the supplies
contemplated hereunder and that it complies with the requirements of all relevant legislation
during the subsistence of this Work Order. A copy of the relevant documents in support thereof
should be produced as and when demanded by the “the Company”.
d) It shall not perform its services in violation of any conditions and warranties prescribed by
manufacturer under this Work Order.
e) It will perform the obligations contemplated in this Work Order in a prudent and professional
manner with reasonable care and competence. It shall duly render the services and perform the
obligations under this Work Order.
f) It will maintain all registers and records, as may be required by the various legislations applicable
to the services to be provided pursuant to this Work Order.
g) It has the sufficient technical skill, expertise, infrastructure, systems and qualified personnel and
resources to undertake and execute the supplies under this Work Order; and
h) It will provide the services in good faith with due care, skill and diligence, in a professional manner
in accordance with accepted standard practice and with the terms of services agreed on between
the parties as set out in this Work Order;
26. Risk Purchase
In case, Services are not rendered within the stipulated schedule or are not according to the
specification required by the “The Company” or not found satisfactory owing to any reason, “The
Company” notwithstanding Liquidated damage clause, reserve the right to invoke this clause and
a) is entitled to procure the same from the MARKET on its own and adjust the costs and expenses
of such procurement from the deposit made by the Service Provider and/or the “The Company”
is entitled to recover the balance from the Service Provider.
b) Engage any other agency, parallel to the Service Provider, to complete part of the balance work
at the risk and cost of the Service Provider and recover the cost/expenditure that would be
incurred extra by the “The Company” from the Service Provider; or
c) Cancel the Work order and get the balance work done from any other agency at the risk and cost
of Service Provider and recover the cost/expenditure that would be incurred extra by the “The
Company” from Service Provider.
d) All above stated in (a), (b) and (c) options are available to the “The Company” without prejudice
to the “The Company’s” right to take action or/and proceed against the Service Provider. in
accordance with General or/and specific laws applicable.
27. Amendment- No amendments or modifications of this Work order shall be valid or binding upon
the parties hereto unless in writing.
28. Independent Service provider:

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 That this Work Order is on “Principal to Principal basis” and it shall not create any employer/
employee relationship nor shall this Work Order be deemed to create any partnership, joint
venture between “The Company” and "Service Provider".
Further, that all employees/personnel, executives engaged by "Service Provider" shall be in sole
employment of "Service Provider" and "Service Provider" shall be solely responsible for payment
of their salaries/ wages statutory payments etc.
Under no circumstances shall “The Company” shall be liable for any payment or claim or
compensation of any nature to the employees and personnel of "Service Provider"
29. Force Majeure:
29.1. If either party is prevented from the performance of its obligations in whole or in part for reasons
of Force Majeure, viz. acts of God, acts of Government, acts of Public enemy, war, insurrection,
embargo, blockade, explosion, earthquake, floods, epidemics/pandemic, provided however, such
events are beyond the control of affected party.
29.2. Notice in writing, of happening of any such eventuality is given by the affected party to the other
party within 7 days from the date of occurrence of Force Majeure. Both parties shall mutually
decide the revised time frame for execution of the contract. Neither of the Parties to the Work
order shall claim compensation for the loss thus incurred.
29.3. If Force Majeure event continue beyond the period of 6 months the parties shall hold consultation
to chalk out the further course of action, either party reserving the right to terminate the Work
order.
30. Dispute Resolution
a) The Parties hereto shall endeavor to settle all disputes and differences relating to and/or arising
out of the Work Order amicably.
b) In the event, the Parties fail to resolve any dispute amicably, the same shall be referred to
Arbitration provided the claim amount is more than 2 crores. The said proceeding shall be
governed by the Arbitration and Conciliation Act 1996 or any amendment thereof.
c) The place of arbitration shall be Kolkata, West Bengal, India and the language of the arbitration
shall be English.
d) The Parties hereto agree that the Service Provider shall be obliged to carry out its obligations
under the Work Order even in the event of a dispute is referred to Arbitration. It is further clarified
that the “The Company” shall be entitled to retain any sum or portion of basic Work Order Price,
which has become due and payable, for any unfinished supplies/works or any subject matter
under arbitration
31. The Parties hereto agree that the Service Provider shall be obliged to carry out its obligations
under the Work order even in the event of a dispute. It is further clarified that the “The Company”
shall be entitled to retain any sum or portion of Basic Work Order Price, which has become due
and payable, for any unfinished supplies/works or any subject matter under dispute
32. Governing Law and Jurisdiction: This Work Order shall be construed in accordance with and
governed by the laws of India and in the event of any litigation the Courts at Kolkata shall have
exclusive jurisdiction to adjudicate any dispute arising between the parties of this Work Order.
33. General Lien
Whenever any claim or claims for payment of a sum of money arises out of or under the contract
or against the contractor, “The Company” shall be entitled to withhold and also have a lien to
retain such sum or sums in whole or in part from the security, if any, deposited by the contractor
and for the purpose aforesaid, “The Company” shall be entitled to withhold the security deposit,
if any, furnished as the case may be and also have a lien over the same pending finalization or
adjudication of any such claim. In the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the contractor, “The Company” shall be
entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts
referred to above, from any sum or sums found payable or which may at any time thereafter
become payable to the contractor under the same contract or any other contract pending
finalization of adjudication of any such claim
34. Severability:

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 If any provision of this Work order is found to be unlawful and inconsistent with the applicable
laws, then such provision shall be deemed to be severed from this Work order and replaced by
the applicable legal provision and every other provision of this Work order shall remain in full
force and effect.
35. Entire Agreement:
This instrument contains the entire agreement between the Parties and is merged herein with all
prior and collateral representations, promises, and conditions in connection with the subject
matter hereof. Any representation, promise, or condition not incorporated herein shall not be
binding upon either party and this Work order supersedes and is in lieu of all prior or
contemporaneous agreements or arrangements between the Parties with respect to the subject
matter hereo
36. Waiver and Failure to Assert Right - The Parties may at any time waive any of the provisions
of this Work Order, but any such waivers shall be reduced to writing and duly executed and
delivered by authorized representatives of the Parties hereto. The failure of either Party to enforce
at any time any of the provisions of this Work Order shall not constitute or be construed to be a
waiver of such provisions or of the right of such Party thereafter to enforce any such provisions.
37. Notice- Any contractual notice, report, certificate or other communication to be given to Parties
under this Work Order shall be in writing and shall be sent by registered post or courier with
acknowledgement or mailed by first-class mail to the parties at their respective addresses
mentioned herein or such other address as Parties shall nominate in writing for that purpose and
shall be effective upon receipt.
38. Language: All documents, instructions, operation and maintenance manuals, communications
shall be in English language.
End of Document.

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