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D13 To D17 DTP GO Final

The document outlines the bidding process for the procurement of civil works related to continuous patrolling and inspection of the Dhrangadhra Branch Canal from 2025 to 2027. It includes sections on bid invitations, instructions to bidders, qualification criteria, and submission requirements. Bidders must meet specific eligibility and registration criteria and submit their bids electronically, with additional documentation required to be sent in original form within a specified timeframe.

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0% found this document useful (0 votes)
70 views117 pages

D13 To D17 DTP GO Final

The document outlines the bidding process for the procurement of civil works related to continuous patrolling and inspection of the Dhrangadhra Branch Canal from 2025 to 2027. It includes sections on bid invitations, instructions to bidders, qualification criteria, and submission requirements. Bidders must meet specific eligibility and registration criteria and submit their bids electronically, with additional documentation required to be sent in original form within a specified timeframe.

Uploaded by

nakshnarayan00
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 117

BIDDING

DOCUMENT PROCUREMENT OF
CIVIL WORKS

Continuous patrolling, Functioning of canal and vigilant


inspection of Distributaries D-13 to D-17 & Its Minors of
Dhrangadhra Branch Canal for period from Year 2025
to 2027.

COMPLETE BIDDING DOCUMENT

GOVERNMENT OF GUJARAT
SARDAR SAROVAR NARMADANIGAM LIMITED
Index

Sr No Section Description Page No


1 Invitation for Bid (IFB) 3
2 Section -1 Instructions to Bidders 7
3 Section -2 Qualification Information 27
4 Section -3 Conditions of Contract 33
5 Section -4 Contract Data 60
6 Section -5 Technical Specification 69
7 Section -6 Form of Bid 96
8 Section -7 Bill of Quantities 99
9 Section -8 Securities and Other Forms 103
10 Section -9 Drawings 115
11 Section -10 Documents to be furnished by Bidder 116

2
INVITATION FOR BID
(IFB)

3
NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer, Saurashtra Branch Canal Dn.No.5/1, Dhrangadhra invites bids
for the construction of works detailed in the table. The bidders may submit bids for any
or all of the following works.

TABLE
Name of work Approximate Bid security Cost of Period of Class of
value of works (Rs.) document completi Registratio
(Rs.) on n/
Category of
contractor
if
required
1 2 3 4 5 6
Continuous patrolling,
Functioning of canal
and vigilant inspection 4248.00 /-
of Distributaries D-13 (3600+18% 24 “C&
1,38,27,012.00 1,39,000/-
to D-17 & Its Minors of GST 648= Months Above “
Dhrangadhra Branch 4248.00)
Canal for period from
Year 2025 to 2027.

2. Prospective/Interested bidder may download the Bid Documents from website


https://tender.nprocure.com free of cost till the Time and Date as mentioned on
online NIT at website https://tender.nprocure.com

(A) The concerned Contractor/bidder shall submit the certificate of registration or


renewal receipt as approved contractor in“C & Above”class in SSNNL/NWRWS &
K Dept/R & B Dept of Gujarat State or equivalent class in CPWD/Railway/other
State Government.
(B) The Contractor registered outside Gujarat shall apply for getting registered
himself in “C & Above”class either with the Sardar Sarovar Narmada Nigam
Limited or with the state of Government of Gujarat before the date of submission of
Tender. The proof of the application for the registration shall have to be attached
with the Tender online.
(C) The Contractor registered in CPWD / Railway and other State Govt. equivalent
to class of Gujarat mentioned above, will be eligible to quote for the Tender with
the condition that concerned Contractor shall get themselves registered in“C &
Above”class in the Sardar Sarovar Narmada Nigam Limited or in the State of
Gujarat on or before the date of acceptance (approval) of his Tender.
Failure of such bidders to get themselves registered in “C & Above”class either
with the Sardar Sarovar Narmada Nigam Limited or with the state of Government
of Gujarat before the date of submission of Tender, the bid of such concerned
contractor/bidder shall be rejected and he shall be considered non
responsive/disqualified.
3. However, Bidder who is submitting the Bid Online will have to pay the Bid
Document Fee/ Tender Fee through Demand Draft only of any Schedule Bank
payable at Dhrangadhra And in favour of Executive Engineer, Saurashtra Branch
Canal Dn.No.5/1, Dhrangadhra. Once the Bid is received online, Bid Document /
Tender Fee will not be refundable.
The Demand Draft for Bid Document / Tender fee and FDR / Bank Guarantee
against Bid Security / EMD shall be submitted in electronic format through online
(by scanning) while uploading the bid, this submission shall mean that bid
document / tender fee and Bid Security / EMD has been received. Accordingly, the
offer of only those shall be opened whose Bid Document / Tender Fee and Bid
4
Security / EMD have been received electronically. However, for the purpose of
realization of Demand Draft, and FDR / Bank Guarantee bidder shall send the same
in original through R.P.A.D/Speed post/Courier Only. so as to reach to ‘The Deputy
General Manager(CPC),SSNNL, Gandhinagar/’The Executive Engineer, S.B.C.
Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road Dhrangadhra
363310’,within 7 Days from the last day of bid submission.
Penaltative action for not submitting Demand Draft / FDR / Bank Guarantee
in original to Executive Engineer / Tender Inviting Authority by bidder shall
be initiated.
4. Bids received online, will be opened on the time, date and place as specified in the
online NIT at website https://tender.nprocure.com in the presence of the bidders
or their authorized representatives, who wish to remain present.
If the office happens to be closed on the day of opening of the bids as specified, the
bids will be opened on the next working day at the same time and venue.
5. A pre bid meeting will be held on Date-25/03/2025 at 12:00 hrs. Onwards at the
office of Superintending Engineer SBCC-3, Narmada Vasahat No.-1, Dalmil road,
Surendranagar-363001” to clarify the issues and to answer questions on any matter
that may be raised at that stage as stated in clause 9.2 of ‘instructions to Bidders’
of the bidding documents.
6. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and
should be rounded off to the next thousand rupees. (The validity of EMD should
be 165 days from the date of uploading of BG/FDR documents on e-tendering
website.)
7. Other Information is as under:
A. Agencies can prepare and edit their offers a number of times before the end of
the tender submission date and time. After the tender submission date and
time, the bidder cannot modify / edit / withdraw their submitted offer in any
case. No written or online request in this regard shall be granted.
B. Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other then bidder and issued after the last date
of submission of Bids, will not be considered or accepted.
D. The cost incurred by the contractor for this offer for clarification or attending
discussion, conferences or site visits will not be reimbursed by the Employer
or Engineer-in-Charge.
E. Conditional tender shall not be accepted.
F. Any changes, addition, alternation made in the prescribed form attached with
tender are liable to be rejected.
G. Any change in format or conditional Bank Guarantee will not be accepted and
the bidder will be considered non-responsive.
H. All the bidders are instructed to fill in information strictly in accordance with
the format given in the checklist /qualification document / tender document.
I. It is mandatory for the bidders to supply each and every information as asked
strictly in electronic format at appropriate places only.
J. Blank / insufficient information shall be treated as nil information and shall
result in disqualification.

5
K. Even if the bidder has been qualified in a similar or larger size of project in the
past, it shall not be deemed to be a ground / reason for not giving required
information for this work / bid.
L. Information supplied for earlier projects shall not be considered while
evaluation of this bid. The Government will not ask for any other information,
unless it is found absolutely necessary by the competent authority.
M. If found necessary, the contractor will be intimated for negotiation,
The threshold limit for the pre-qualification criteria shall be adopted as per SSNNL
circular issued vide letter No.CPC/Model Tender/Revision/2011/ 648 Pt-IIIA,
dtd.21-05-2019 which is as under

-Works of Water Resources department Above Rs.7.5 Crores


-Roads/Bridge/Building work Above Rs.7.0 Crore
-Electrical Work * Above Rs.0.5 Crore
(*) includes any or combination of providing AC plants, lifts, sound systems of
Auditorium refrigeration

For the works costing below Rs.7.5 crore for Water Resources department Works and above
Rs.7.0 crore for Road, Building and Bridge Works documents mentioned in Section-10 shall
be submitted in electronic format only through online by scanning and also the (i) Bid
Document Fee / Tender Fee (ii) Bid Security / EMD should be sent in original to the Tender
opening authority through RPAD/Speed Post/ Courier) only, so as to reach ‘The Executive
Engineer, S.B.C. Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road Dhrangadhra
363310’/Deputy General Manager(CPC),SSNNL Gandhinagar within 7 days from last day of
submission of Bid.

6
SECTION- 1
INSTRUCTIONS TO BIDDERS
(ITB)

7
Section 1: Instructions to Bidders
Table of Clauses

Page No. Page No.


A. General D. Submission of Bids
1. Scope of Bid 9 19. Sealing & Marking of Bids 17
2. Source of Funds 9 20. Deadline for Submission of 17
Bids
3. Eligible Bidders 9 21. Late Bids 17
4. Qualification of the 9 22. Modification and 17
Bidder Withdrawal of Bids
5. One Bid per Bidder 11
6. Cost of Bidding 11 E. Bid Opening and Evaluation
7. Site Visit 11 23. Bid Opening 18
24. Process to be Confidential 19
B. Bidding Documents 25. Clarification of Financial 19
Bids
8. Content of 12 26. Examination of Bids and 19
Bidding Determination of
Documents Responsiveness
9. Clarification of Bidding 12 27. Correction of Errors 19
Documents
10. Amendment of Bidding 13 28. Deleted 19
Documents
29. Evaluation and Comparison 20
of Financial Bids
C. Preparation of Bids 30. Deleted 20
11. Language of Bid 14
12. Documents Comprising 14 F. Award of Contract
the Bid
13. Bid Prices 14 31. Award Criteria 21
14. Currencies of Bid 14 32. Employer’s Right to Accept 21
and Payment any Bid and to Reject any
or all Bids
15. Bid Validity 15 33. Notification of Award and 21
Signing of Agreement
16. Bid Security 15 34. Performance Security 21
17. Alternative Proposals 16 35. Advance Payment and 22
By Bidders Security

18. Format and Signing of 16 36. Dispute Review Expert 22


Bid
37. Correct or Fraudulent 22
Practices

8
A. GENERAL

1. Scope of Bid
1.1 The Employer, The Executive Engineer, S.B.C. Division No. 5/1, 2nd floor Taluka Seva
sadan, Halvad road Dhrangadhra 363310 Invites bids for the work of Continuous
patrolling, Functioning of canal and vigilant inspection of Distributaries D-13 to D-17 &
Its Minors of Dhrangadhra Branch Canal for period from Year 2025 to 2027. detailed in
the table given in IFB. The bidders may submit bids for any or all of the works detailed
in the table given in IFB.
1.2 The successful bidder will be expected to complete the works by the intended
completion date specified in the Contract data.
1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their
derivatives (bidder/ tenderer, bid / tender, bidding/ tendering, etc.) are synonymous.
2. Source of Funds

2.1 The expenditure on this project will be met from the budget of Govt. of Gujarat / Govt.
of India for centrally sponsored projects.

3. Eligible Bidders
3.1 This Invitation for Bids is open to all eligible bidders.
3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
statement that the Bidder is neither associated, nor has been associated, directly or
indirectly, with the consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as Project
Manager for the Contract. A firm that has been engaged by the Employer to provide
consulting services for the preparation or supervision of the works, and any of its
affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary. The proposed methodology should include a
program of construction backed with equipment planning and deployment duly
supported with broad calculations and quality assurance procedures proposed to be
adopted justifying their capability of execution and completion of work as per
technical specifications, within stipulated period of completion.
4.2 Deleted
4.3 Deleted
4.4 Deleted
4.5 QUALIFICATION CRITERIA:
4.5.1 Deleted

9
4.5.2 Deleted
4.5.3 Deleted

4.5.4. Personnel Capabilities.


Availability for his work of personnel with adequate experience as required; as per
Appendix.
4.5.5. Equipment Capabilities
Based on the studies carried out by the Engineer, the minimum suggested major
equipment to attain the completion of works in accordance with the prescribed
construction schedule are shown in the Appendix.
The bidders should, however, undertake their own studies and furnish with their bid,
a detailed construction planning and methodology supported with layout and
necessary drawings and calculations to allow the employer to review their proposals.
The numbers, types and capacities of each plant/equipment shall be shown in the
proposals along with the cycle time for each operation for the given production
capacity to match the requirements.
4.5.6 Deleted
4.5.7 Deleted
4.5.8. Litigation History
The Applicant should provide accurate information on any litigation or arbitration
resulting from contracts completed or under execution by him over the last five years.
A consistent history of awards against the Applicant or any partner of a joint venture
may result in failure of the applicant.
4.5.9. Disqualification
Even though the applicants meet the above criteria, they are subject to be disqualified
if they have:
Made misleading or false representation in the forms, statements submitted, and / or
Record of poor performance such as abandoning the work, rescinding of contract for
which the reasons are attributable to the non – performance of the contractor;
consistent history of litigation awarded against the applicant or financial failure due
to bankruptcy. The rescinding of contract of a joint venture on account of reasons
other than non – performance, such as Most Experienced partner of joint venture
pulling out, court directions leading to breaking up of a joint venture before the start
of work, which are not attributable to the poor performance of the contractor will,
however, not affect the qualification of the individual partners.
4.6. Deleted
4.7. Bid Capacity.
Applicants who meet the minimum qualification criteria will be qualified only if their
available bid capacity at the expected time of bidding is more than the total estimated
cost of the works. The available bid capacity will be calculated asunder:
Assessed Available Bid Capacity = (A*N*2-B), where
A= Maximum value of work executed in any one year during the last five years
(updated to the price level of the year indicated in appendix) taking into account
the completed as well as works in Progress. As per the Certificate (regarding
Annual Turnover i.e Total Value of Civil engineering construction works), issued
by Chartered Accountant (in prescribed format as Form-E).

10
B= Value at current price level of the existing commitments and ongoing works to
be completed during the next 24 Months( period of completion of work for
which bids are invited);as on 30 days prior to the last date of online submission
of tender; and
N= Number of years prescribed for completion of the works for which the bids are
invited.
Note :- In Case of joint venture, the available bid capacity will be applied for
each partner to the extent of his proposed participation in the execution of the
work.
For Value of B in Bid capacity, bidder must submit online a self-certified copy
of statement for existing commitments and ongoing works in prescribed
format.

4.8 Even though the bidders meet the above qualifying criteria, they are subject to
be disqualified if they have:
- Made misleading or false representation in the forms, statements and Attachments
the submitted in proof the qualification requirements; and /or
- Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delay in completion, litigation history, or
financial failures etc.; and/or
- Participated in the previous bidding for the same work and had quoted
unreasonably high bid prices and could not furnish rational justification to the
employer.

5. One bid per bidder


5.1. Each bidder shall submit only one bid for one package. A bidder who submits or
participates in more than one bid (other than as a subcontractor or in cases of
alternatives that have been permitted or requested) will cause all the proposals with the
bidder’s participation to be disqualified.
6. Cost of Bidding
6.1. The bidder shall bear all costs associated with the preparation and submission of his Bid,
and the Employer will in no case be responsible and liable for those costs.
7. Site Visit
7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine
the Site of work and its surrounding and obtain all information that may be necessary for
preparing the Bid and entering into a contract for construction of the Works.
The costs of visiting the site shall be at the Bidder’s own expense.

11
B. BIDDING DOCUMENTS

8. Content of Bidding Documents


8.1 The set of bidding documents comprises the documents listed below and addenda
issued in accordance with Clause 10:
Section Particulars Volume No.
- Invitation for Bids
1 Instructions to Bidders
I
2 Qualification Information, and other forms
3 Conditions of Contract
4 Contract Data
5 Technical Specifications II
6 Form of Bid III
7 Bill of Quantities
8 Securities and other forms
9 Drawings IV
10 Documents to be furnished by bidder V

8.2. Volumes I, II, III and IV are available online and documents to be furnished by the
bidder in compliance to section 2 will be prepared by him and furnished as Volume- V
in two parts (refer clause 12).

8.3. The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, technical specifications, bill of quantities, forms, Annexes
and drawings in the Bid Document. Failure to comply with the requirements of Bid
Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids
which are not substantially responsive to the requirements of the Bid Documents shall
be rejected.
9. Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may notify
the Employer in writing or through E-mail at the Employer’s address indicated in the
invitation to bid. The Employer will respond to any request for clarification which he
received earlier than 15 days prior to the deadline for submission of bids. Employer’s
response will be published on website including a description of the enquiry but
without identifying its source.

9.2. Pre-bid meeting


9.2.1. The bidder or his official representative is invited to attend a pre-bid meeting which
will take place at the address, venue, time and date as indicated in the appendix.

12
9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach the
Employer not later than 03 days before the meeting.
9.2.4. Minutes of the meeting, including the question raised (Without identifying the source
of enquiry) and the responses given will be published without delay on the tender
website i.e. https://tender.nprocure.com. Any modification of the bidding
documents listed in sub-Clause 8.1 which may become necessary as a result of the pre-
bid meeting shall be made by the Employer exclusively through the issue of an
Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.
9.2.5. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2. Any addendum thus issued shall be part of the bidding documents. The Employer
will assume no responsibility for the same.
10.3. To give prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer may, at his discretion, extend as
necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2
below.

13
C. PREPARATION OF BIDS

11. Language of the Bid


11.1 All documents relating to the bid shall be in the English language.
12. Documents Comprising the Bid
12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause 8.1)
shall be in two separate parts:
Part I shall be named “Preliminary stage” and shall comprise
(i) Bid Security in the form specified in Section 8
(ii) Deleted
(iii) Certificates, undertakings, affidavits as specified in Section-2
(iv) Any other information pursuant to Clause 4.5 of these instructions
(v) Undertaking that the bid shall remain valid for the period specified in Clause
15.1
Part II shall be named “Financial Bid” and shall comprise
(i) Form of Bid as specified in Section 6
(ii) Priced Bill of Quantities for items specified in Section 7
12.2. The Bidder shall submit the details / information pertaining to each part i.e.
preliminary as well as financial and must be submitted online only.
12.3. Following documents will be deemed to be part of the bid.
Section Particulars Volume No.
Invitation for Bids (IFB)
1 Instruction to Bidders Volume-I
3 Conditions of Contract
4 Contract Data
5 Specifications Volume-II
9 Drawings Volume-IV
13. Bid Prices

13.1 The Contract shall be for the whole works as described in Sub-Clause 1.1, based on the
priced Bill of Quantities submitted by the Bidder.
13.2 The bidder shall fill in rates and prices and line item total (both in figures and words)
for all items of the Works described in the Bill of Quantities along with total bid
price(Both in figures and words). Items for which no rate or price is entered by the
bidder will not be paid for by the Bill of Quantities.
13.3 All duties, taxes, and other levies except GST payable by the contractor under the
contract, or for any other cause shall be included in the rates, prices and total Bid Price
submitted by the Bidder. (GST will be paid extra)
13.4 Deleted
13.5 The rates and prices quoted by the bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause 47 of the
Condition of Contract (Irrespective of the time limit and Bid Amount)
14. Currencies of Bid and Payment
14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees.
All payments shall be made in Indian Rupees.
14
15. Bid Validity
15.1 Bids shall remain valid for a period of not less than 120 days after the deadline date
for bid submission specified in Clause 20.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the bidders may extend the period of validity for a specified period.
A bidder may refuse the request without forfeiting his bid security. A bidder agreeing
to the request will not be required or permitted to modify his bid, but will be required
to extend the validity of his security for a period of the extension, and in compliance
with Clause 16 in all respects.
16. Bid Security
16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in
column 4 of the table of IFB for this particular work. This Bid security shall be in favor
of Employer as named in Appendix and may be in one of the following forms;
a. Bank Guarantee from any scheduled Indian bank, in the format given in Volume
III. (Bank Guarantee is applicable only for Bid Estimated Amount of 01 Crore and
above) and Bank Guarantee of Schedule and Private Banks shall be considered
as per GoG Finance Department’s Circular No.FD/MSM/e-
file/4/2023/4020/D.M.O.Date:11/03/2024 or as per their latest amendment.
b. Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank
approved by the Reserve Bank of India.
OR
A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building
Department or (2) Narmada Water Resources, Water Supply and Kalpsar
Department of Govt of Gujarat. Exemption Certificate is applicable only
when Registration Certificate of Appropriate Class and Category of
Approved Contractors is required as eligible criteria of bidder.
16.2. Bank guarantees (and other instruments having fixed validity) issued as surety for
the bid shall be valid for 45 days beyond the validity of the bid i.e. total validity of
120+45= 165Days
16.3. Any bid not accompanied by an acceptable Bid Security and not secured as indicated
in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-
responsive.
16.4. The Bid Security of unsuccessful bidders will be returned within 28 days of the end
of the bid validity period specified in Sub-Clause 15.1

16.5 The Bid Security of the successful bidder will be discharged when the bidder has
signed the Agreement and furnished the required Performance Security.
16.6. The bid Security may be forfeited.
(a) If the Bidder withdraws the bid after Bid opening during the period of Bid
validity.
(b) If the Bidder does not accept the correction of the Bid Price, if any or
(c) In the case of a successful Bidders, if the Bidder fails the specified time limit to
(i) Sign the Agreement; or
(ii) Furnish the requirement Performance Security.
15
(d) If found necessary, the bidder will be intimated for negotiation, He will be
intimated maximum three times within the validity period for negotiation, If
contractor does not respond in time, his Bid Security (EMD) will be forfeited
and his tender will be rejected. Punitive action will be taken on such
contractors. (As per GoG R&B Dept’s Gr. No. S/22/2017/6369/D,
Dt.08/06/2018)
17. Alternative Proposals by Bidders.
17.1. Bidders shall submit offers that fully comply with the requirements of the bidding
documents, including the conditions of contract (including mobilization advance or
time for completion), basic technical design as indicated in the drawing and
specifications. Conditional offers or alternative offers will not be considered further in
the process of tender evaluation.
18. Format and Signing of Bid
18.1. The Bidder shall prepare documents comprising the bid as described in Clause 12 of
these Instructions to bidder as the “Preliminary stage “and“ Financial Bid” in separate
parts to be uploaded.

16
D. SUBMISSION OF BIDS

19. Deleted

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website
specified above not later than the date indicated in appendix.
20.2. The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all right and obligation of the
Employer and the bidders previously subject to the original deadline will then be
subject to the new deadline.
21. Deleted

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline prescribed in
Clause 20 or pursuant to Clause 23.
22.2 Deleted
22.3. No bid shall be modified or withdrawn after the deadline for submission of Bid.
22.4. Withdrawal or modification of a bid between the deadline for submission of bids and
the expiration of the original period of bid validity specified in Clause 15.1 above or
as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid security
pursuant to Clause16.

17
E. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant
to Clause 22, in the presence of the Bidders or their representatives who choose to
attend at time, date and the place specified in Appendix in the manner specified in
Clauses 20 and 23.3, In the event of the specified date of Bid opening being declared a
holiday for the Employer, the Bids will be opened at the appointed time and location
on the next working day.
23.2. Deleted.
23.3. The “Preliminary Stage” shall be opened. The amount, form and validity of the bid
security furnished with each bid will be announced. If the bid security furnished does
not conform to the amount and validity period as specified in the invitation for bid
(ref. Column 4 and paragraph 3) and has not been furnished in the form specified in
Clause 16, the financial bid will not be opened.
23.4. (i) Deleted.
(ii) Deleted.
(iii) Deleted.
(iv) Deleted.
23.5. Deleted
23.6 At the time of opening of “Financial Bid”, the names of the bidders were found
responsive in accordance with Clause 23.3 will be announced. The bids of only these
bidders will be opened. The responsive Bidders’ names, the Bid prices, the total
amount of each bid, any discount and such other details as the Employer may consider
appropriate, will be announced by the Employer at the opening.
23.7 At the time of opening of “Financial Bid”, the names of the bidders were found
responsive in accordance with Clause 23.3 will be announced. The bids of only these
bidders will be opened. The responsive Bidders’ names, the Bid prices, the total
amount of each bid, any discount, and such other details as the Employer may
consider appropriate, will be announced by the Employer at the opening.
23.8 In case bids are invited for more than one package, the order for opening of the
“Financial Bid” shall be in order of Estimated amount of Bids from highest to lowest.
23.9 The Employer shall prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.6.

18
24 Process to be Confidential.
24.1 Information relating to the examination, clarification, evaluation, and comparison of
Bids and recommendations for the award of a contract shall not be disclosed to
Bidders or any other persons not officially concerned with such process until the
award to the successful Bidder has been announced. Any effort by Bidder to influence
the Employer’s processing of Bids or award decisions may result in the rejection of his
Bid.
25. Clarification of Financial Bids
25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,
at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of
unit rates. The request for clarification and the response shall be in writing or by e-
mail, but no change in the price or substances of the Bid shall be sought, offered, or
permitted except as required to confirm the correction of arithmetic errors discovered
by the Employer in the evaluation of the Bids.
25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating
to his Bid opening to the contract is awarded. If the Bidder wishes to bring additional
information to the notice of the Employer, it should do so in writing.
25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,
bid comparison or contract award decision may result in the rejection of the Bidders’
bid.
26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Preliminary Stage", the Employer will determine
whether each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has
been properly signed; (c) is accompanied by the required securities and; (d) is
substantially responsive to the requirements of the Bidding document. During the
detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be further
determined with respect to the remaining bid conditions, i.e., priced bill of quantities,
technical specifications, and drawings.
26.2 A substantially responsive “Financial Bid” is one which confirms all the terms,
conditions and specifications of bidding documents, without material deviation or
reservation. A material deviation or reservation is one (a) which affects in any
substantial way the scope, quality, or performance of the Works; (b) which limits in
any substantial way, inconsistent with the Bidding documents, the Employer’s rights
or the Bidder’s obligations under the Contract; or (c) whose rectification would affect
unfairly the competitive position of other Bidders presenting substantially responsive
Bid.

26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer,
and may not subsequently be made responsive by correction or withdrawal of the
non-conforming deviation or reservation.
27. Deleted
28. Deleted
29. Evaluation and Comparison of Financial Bids
19
29.1. The Employer will evaluate and compare only the Bids determined to be substantially
responsive in accordance with Sub-Clause 26.2.
29.2. Deleted.
29.3. The Employer reserves the right to accept or reject any variation or deviation.
Variation and deviations and other factors, which are in excess of the requirements of
the Bidding documents or otherwise result in unsolicited benefits for the Employer,
shall not be taken in to account in Bid evaluation.
29.4. The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contact, during the period of implementation of the Contract, will not be
taken in to account in Bid evaluation.
29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s
estimate of the cost of work to be performed under the contract the Employer may
require the Bidder to produce detailed consistency of those prices with the
construction methods and schedule proposed. After evaluation of the price analyses,
the Employer may require that the amount of the performance security set forth in
Clause 34 be increased at the expense of the successful /bidder to a level sufficient to
protect the Employer against financial loss in the event of default of the successful
Bidder under the Contract.
29.6. A bid which contains several items in the bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the bidder may be
rejected as non-responsive.
30. Deleted

20
F. AWARD OF CONTRACT

31. Award Criteria


31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid
has been determined.
(i) to be substantially responsive to the Bidding documents and who has offered
the lowest evaluated Bid Price; and
(ii) to be within the available bid capacity adjusted to account for his bid price
which is the lowest evaluation in any of the packages opened earlier than the
one consideration.
In no case, the contract shall be awarded to any bidder whose available bid
capacity is less than the evaluated bid price, even if the said bid is the lowest evaluated
bid. The contract will in such cases be awarded to the next lowest bidder at his
evaluation bid price.
32. Employer’s Right to Accept any Bid and to Reject any or all Bids
32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any
Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the award
of contract, without thereby incurring any liability to the affected bidder or Bidder or
any obligation to inform the affected Bidder or Bidders of the grounds for the
Employer’s action.
33. Notification of Award and Signing of Agreement
33.1. The Bidder whose Bid has been accepted will be notified of the award by the Employer
prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by
registered letter. This letter (hereinafter and in the condition of contract called the
“Letter of Acceptance”) will state the sum that the Employer will pay the Contractor in
consideration of the execution, completion, and maintenance of the Works by the
Contractor as prescribed by the Contract (hereinafter and in the Contract called the
“Contract Price”).
33.2 The notification of award will constitute the formation of the contract, subject only to
the furnishing of a performance security in accordance with the provisions of Clause.
33.3. The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and to the successful Bidder,
within 28 days following the notification of award along with the Letter of Acceptance.
Within 21 days of receipt, the successful Bidder will sign the Agreement and deliver it
to the Employer.
33.4. Upon the furnishing by the successful Bidder of the Performance Security, the
Employer will promptly notify the other Bidders that their Bids have been
unsuccessful.
34. Performance Security
34.1. (A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder
shall furnish to the Employer an irrevocable and unconditional guarantee from a
Bank in the form set forth in Section 8 (the “Performance Security”) for an amount
equal to 5% (five percent) of its Contract Price. In case of bids mentioned below,
the successful Bidder, along with the Performance Security, shall also furnish to the
Authority an irrevocable and unconditional guarantee from a Bank in the same form
given at Section 8 towards an Additional Performance Security (The “Additional
Performance Security”) for an amount calculated as under:

21
(a) If the Contract Price offered by the Selected Bidder is lower than 10% but up to
20% of the Estimated Project Cost, then the Additional Performance Security
shall be calculated @ 20% of the difference in the (i) Estimated Project Cost (as
mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii)
Contract Price offered by the selected Bidder.
(b) If the Contract Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @ 30% of the difference in the (i) Estimated Project Cost (as
mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii)
Contract Price offered by the selected Bidder.
(c) This Additional Performance Security shall be treated as part of the Performance
Security.
(B) The Performance Security shall be valid beyond 60(sixty) days of the Defects
Liability Period and the Additional Performance Security shall be valid beyond 28
(twenty-eight) days of Project Completion Date.
34.2. If the performance security is provided by the successful Bidder in the form of a Bank
Guarantee, it shall be issued either (a) at the Bidder’s option, by a
Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India and
acceptable to the Employer. As per GoG Finance Department’s Circular No.FD/MSM/e-
file/4/2023/4020/D.M.O.Date:11/03/2024 or as per their latest amendment.
34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause 34.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of the
Bid Security.
35 Advance Payment and Security
35.1 The Employer will provide an Advance payment on the Contract Price as stipulated
in the Conditions of Contract, subject to maximum amount, as stated in the Contract
Data.
36. Deleted
37. Corrupt of Fraudulent Practices
37.1 The Employer will reject a proposal if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in completing for the
contract in question and will declare the firm ineligible, either indefinitely or for a
stated period of time, to be awarded a contract with National Highways Authority of
India/ State PWD and any other agencies, if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in completing for the contractor, or
in execution.
37.2 Furthermore, Bidders shall be aware of the provision stated in Sub- Clause 59.2 of
the Conditions of Contract.

22
APPENDIX TO ITB
Clause Reference
With respect to
Section –I
1. The Name of the Employer is The Executive Engineer, S.B.C. [ Cl.1.1]
Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road
Dhrangadhra 363310.

2. The last five years.

2023 – 2024

2022 – 2023

2021 – 2022

2020 – 2021

2019 – 2020

3. Deleted Cl.4.5.3 (a)]

4. Value of Work is Rs. 1,38,27,012.00/-

5. Deleted

6. The cost of electric work is Rs.0.00

7. The cost of water supply / sanitary works is Rs. 0.00

8. Deleted [Cl.4.5.6 ]

9. Price level of the financial year 2024 –2025 [Cl. 4.5.2]

The pre-bid meeting will take place at Superintending Engineer [Cl. 9.2.1]
10. SBCC-3, Narmada Vasahat No.-1, Dalmil road, Surendranagar-
363001

11. Deleted

12. Address of the Employer: ‘The Executive Engineer, S.B.C.


Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road
Dhrangadhra 363310’.

13. Deleted

14. The bid should be submitted latest by As stated on online NIT [Cl. 20.1 & 20.2]

15. The bid will be opened at ‘The Executive Engineer, S.B.C. [Cl. 23.1 ]
Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road
Dhrangadhra 363310’. As stated on online NIT

16. The Bank Draft in favor of The Executive Engineer, S.B.C.


Division No. 5/1, Dhrangadhra

23
17. Deleted

18. Escalation factors (for the cost of works executed and financial [Cl.4.5.2]
figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2024-2025 1.00


-1 2023-2024 1.10
-2 2022-2023 1.21
-3 2021-2022 1.33
-4 2020-2021 1.46
-5 2019-2020 1.61

24
LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK
[Reference CL. 4.5.5]
The contractors shall also give a list of machineries in his possession and which they
propose to use on the work.

Sr. Plant or Machinery Location Age of Make Capacity Approximate Remark


No. Machinery Value
(maximum
15 years)
1 2(a) 2(b) 3 4 5 6 7

25
List of Key Personnel to be deployed on Contract Work
(Reference Cl. 4.5.4)

Employment of a qualified site Engineer by the Contractor.


The Contractor shall employ full-time technically qualified staff during the execution of this
work as under: -
1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work
to be executed is more than Rs.50 lakhs.
2. One graduate & two Diploma, Civil Engineers when the cost of the work to be executed
is more than Rs.15 lakhs but less than Rs.50 lakhs.
3. Minimum one Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs but
more than Rs.5 lakhs.
4. Minimum two Diploma Civil Engineers for the work when the cost of work to be
executed is less than Rs. 5 lakhs. The Engineer so employed for the Government work
must have sufficient experience to handle the work independently. Such an Engineer
shall have to stay at the site of work and he shall not be entrusted with other duty except
this work.

In case the contractor or partner of the contractor firm is a Civil Graduate Engineer,
Employment of a separate Engineer will not be necessary provided that the Engineer
partner himself attends the execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the Deputy
Executive Engineer-in-charge of the work the Name, Qualifications, copy of mark sheet,
Colour Photograph and the appointment order issued such engineers engaged for this
contract work. If 15 days after issue of work order such designated Site Engineers do
not resume or do not remain present on site of work, the recovery at the rate of
Rs.15,000-00 per month per Engineer will be made from the bills/deposit/dues of the
contractor. Such recovery shall be non-refundable.

26
SECTION- 2
QUALIFICATION INFORMATION

27
QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for the
purpose of post qualification as provided for in Clause 4 of the Instruction to Bidders. This
information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of


Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of Bid

(Attach)

1.2 Total value of Civil engineering constructions 2023-2024


Work performed in the last five years 2022-2023
(in Rs. Lakhs) 2021-2022
2020-2021
2019-2020
1.3.1 Deleted
1.3.2 Deleted

1.4 Information on Bid Capacity (works for which bids have been submitted and works
which are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works:
Description Place Contract Name & Value Stipulated Value of Anticipated of
of works & State No. Address of Contract Period of Works* completion
Employer (Rs. Cr) Completion remaining to be
completed
(Rs. Cr)
1 2 3 4 5 6 7 8

*Attach certificate (s) from the Engineer(s) in-charge


** Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref.
Clause 4.5.5). The Bidder should list all the information requested below.
Item of Requiremen Availability Proposals Remarks (from whom to
Equipment t be
NO Capac Owned/ Leased to Nos/. Age/ purchased
ity be procured Capacity Conditio
ns

1.6 Qualifications and experience of key personnel required for administration and
execution of the contract. Attach biographical data. Refer also to Sub Clause 9.1of the

28
Conditions of Contract.
Position Name Qualification Year of Year of
Experience experience in the
(General) proposed
position
Project Manager

Etc.

1.7 Proposed sub-contract and firms involved


Sections of the Value of Sub- Sub-Contractor Experience in
works Contractor (Name& similar work
Address)

Attach copies of certificates on possession of valid license for executing water


supply/ sanitary work/ building electrification works.
1.8 Deleted
1.9 Deleted
1.10 Name, address, and telephone, telex, and fax numbers of the Bidders bankers who may
provide references if contacted by the Employer.
1.11 Information on Litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount Remarks


(ies) Dispute Involved showing
Present Status

29
1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the instruction
to Bidders. (Name of Consultant engaged for project preparations is* ............................. )

1.13 Proposed work method and schedule. The Bidder should attach descriptions,
drawings and charts as necessary to comply with the requirements of the Bidding
documents. (Refer ITB Clause 4.1)

1.14 Programme

2. Deleted
3. Additional Requirements
3.1 Bidders should provide any additional information required to fulfill the requirements
of Clause 4 of the Instructions to the Bidders, if applicable.
(i) Affidavit
(ii) Deleted

* Fill the name of Consultant

30
AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.
_ have not abandoned any work of
Government of Gujarat/Government of India/any Board or Corporation under
Government of Gujarat/Government of India nor any contract awarded to us for
such works have been rescinded, during last five years prior to the date of this bid.

3. The undersigned hereby authorize(s) and request (s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by
the Department to verify this statement or regarding any (our) competence and
general reputation.

4. The Undersigned understands and agrees that further qualifying information may
be requested, and agrees to furnish any such information at the request of the
Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Name of Firm

Date

31
FORM-E
SAMPLE FORMAT FOR ANNUAL TURNOVER CERTIFICATE

(REGARDING TOTAL VALUE OF CIVIL ENGINEERING CONSTRUCTION WORKS


PERFORMED IN THE LAST FIVE YEARS)

(CLAUSE 4.5.3 (a) OF ITB & Clause 1.2 of Q.1)

(A)

This is to certify that we have verified Books of Account of M/s. _________________________________


PAN No._____________________, Address : _______________________________________________ has
registered as Civil Construction Firm and achieved the following Gross Annual Turnover from
Construction Activity for Last five financial years is as under:

(B)
Gross Annual
Civil Engineering
Sr.No. Financial Year Construction works Other Business Add GST Turnover
Turnover (in Rs) Value (in Rs) including GST
Turnover (in Rs)
(in Rs)
1 2023-2024
2 2022-2023
3 2021-2022
4 2020-2021
5 2019-2020

(C)
We have verified the above facts and figures from the Audited Books of the Firm or the Audited Balance
sheet and other relevant authentic records of the firm, for the last five financial years and certify the same
as True.

_____________________________________________

(Signature & stamp of the Chartered Accountant)

Name :
Place :
FRN :
UDIN :
Date :

NOTE :
In above Form, the details given in above form is given in any other format but containing a, b & c in same
wording then the format shall be considered for evaluation.
If any tender is to be opened between 1st April and 30th September, then their provisional certificate of
previous financial year shall be considered for evaluation.

32
SECTION - 3
CONDITIONS OF CONTRACT

33
Conditions of Contract
Table of Contents

A General Page D. Cost Control


No.
1 Definitions 35 37 Bill of Quantities 48
2 Interpretation 36 38 Changes in the Quantities 48
3 Language and Law 37 39 Variations 48
4 Engineer’s Decisions 37 40 Payments for Variations 48
5 Delegations 37 41 Cash Flow Forecasts 49
6 Communications 37 42 Payment Certificates 49
7 Sub-Contractors 37 43 Payments 50
8 Other Contractors 37 44 Compensations Events 50
9 Personnel 38 45 Tax 50
10 Employer’s & Contractor Risk 38 46 Currencies 50
11 Employers Risks 38 47 Price Adjustment 50
12 Contractor’s Risk 38 48 Retention 51
13 Insurance 38 49 Liquidated damages 51
14 Site Investigations Reports 39 50 Bonus 52
15 Queries about the Contract 39 51 Advance Payment 52
16 Contractors to Construct the 39 52 Securities 53
works
17 The Works to be Completed By 39 53 Deleted 53
the Intended Completion Date
18 Approval by the Engineer 39 54 Cost of Repair 53
19 Safety 39
20 Discoveries 39 E. Finishing the Contract
21 Possession of the Site 40 55 Completion 54
22 Access to the Site 40 56 Taking Over 54
23 Instructions 40 57 Final Account 54
24 Disputes 40 58 Operating and Maintenance 54
manuals
25 Procedure for Disputes 41 54
26 Deleted 41 59 Terminations 54
60 Payment upon Terminations 55
B. Time Control 61 Property 56
27 Programme 42 62 Release from Performance 56
28 Extensions of the Intended 42
completion date
29 Deleted 42 F. Special Conditions of
Contract
30 Delays Ordered by The 42 63 Labour 57
Engineer 42 64 Compliance with labour 57
regulations
31 Management Meetings 43 65 Arbitration 60
32 Early Warning 43
C. Quality Control
33 Identifying Defects 44
34 Tests 47
35 Correction of Defects 47
36 Uncorrected Defects 47

34
CONDITIONS OF CONTRACT
A. GENERAL

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of
Contract but keep their defined meaning.
Bill of Quantities means the priced and completed Bill of Quantities forming part of
the Bid
Compensation Events are those defined in Clause 44 hereunder
The Completion Date is the date of completion of the Works as certified by the
Engineer in accordance with Sub Clause 55.1
The Contract is the contract between the Employer and Contractor to execute,
complete and maintain the Works till the completion of Defects Liability Period. It
consists of the documents listed in Clause 2.3 below.
The Contract data defines the documents and other information which comprise the
Contract.
The Contractor is a person or corporate body whose Bid to carry out the Work has
been accepted by the Employer.
The Contractor’s Bid is the completed Bidding document submitted by the
Contractor to the Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and calculated
from the Completion Date.

The Employer is the party who will employ the Contractor to carry out the Works.

The Engineer is the person named in the Contract Data (or any other competent
person appointed and notified to the contractor to act in replacement of the Engineer)
who is responsible for supervising the Contractor, administering the Contract,
certifying payments due to the Contractor, issuing and valuing Variations to the
Contract, awarding extensions of time, and valuing the Compensations Events.

While dealing with the financial approval and items like extra items, quantity
variations and other such proposals involving the finance where the terms should
mean the competent authority under the organization having competency to deal with
and approve such cases.

Equipment is Contractor’s machinery and vehicles brought temporarily to the site to


construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.

35
The Intended Completion Date is the date on which it is intended that the Contractor
shall complete the Works. The Intended Completion Date is specified in the Contract
Data. The Intended Completion Date may be revised only by the Engineer by issuing
an extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the works.
Plant is any integral part of the work which is to have mechanical, electrical, electronic
or chemical or biological functions.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the Bidding documents
and are factual interpretive reports about the surface and subsurface conditions at the
site.
Specifications means the Specifications of the works included in the Contract and any
modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the Site
Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the


Contractor to carry out a part of the work in the Contract which includes work on the
Site.

Temporary Works are works designed, constructed, installed, and removed by the
Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works.


The Works are what the Contract requires the Contractor to construct, install and
turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter and the other way around. Heading have no significance.
Words have their normal meaning under the language of the Contract unless
specifically defined. The Engineer will provide instructions clarifying queries about
Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions
of Contract to the Works, the Completion date, and Intended Completion Date apply
to any Section of the Works (other than references to the Completion Date and
Intended Completion date for the whole works)
2.3 The documents forming the Contract shall be interpreted in the following order of
priority
(1) Agreement
(2) Letter of Acceptance, notice to proceed with works
(3) Contractor’s Bid
36
(4) Contract Data
(5) Conditions of Contract including Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bills of quantities and
(9) Any other document listed in the Contract Data as forming part of the
Contract.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in the role representing the
Employer. The Engineer shall obtain approval of Competent Authority if needed as per
Delegation of Powers of SSNNL.

5. Delegation

5.1 The Engineer may delegate any of his duties and responsibilities to other people after
notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are effective
only when in writing. A notice shall be effective only when it is delivered (in terms of
Indian Contract Act).

7. Sub-Contracting

7.1 The Contractor may subcontract any portion of work, up to a limit specified in contract
data, with the approval of the engineer but may not assign the Contract without the
approval of the Employer in writing. Subcontracting shall not alter the Contractor’s
obligations. Sub-contracting of supply or specific items of work is not allowed.
7.2 The sub-contractor must be registered in appropriate class and category for the part of
work to be subcontracted.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities and the Employer between the dates given in the Schedule of
other Contractor. The Contractors shall as refer to in the Contract Data, also provide
facilities and services for them as described in the Schedule. The employer may
modify the schedule of other contractors and shall notify the contractor of any such
modifications.

9. Personnel
37
9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel
as referred to in the Contract Data to carry out the functions stated in the Schedule or
other personnel approved by the Engineer. The Engineer will approve any proposed
replacement of key personnel only if their qualifications, abilities, and relevant
experience are substantially equal to or better than those of the personnel listed in the
Schedule.
9.2 If the engineer asks the Contractor to remove a person who is a member of the
Contractor Staff or his work force stating the reasons the Contractor shall ensure that
the person leaves the Site within seven days and has no further connection with the
work in the Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer’s risks, and
the Contractor carries the risks which these Contracts states are Contractors risk.
11. Employer’s Risks

11.1 The employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the Works, the risks of war, hostilities, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil
war, riot commotion or disorder (unless restricted to the Contractor’s employees), and
contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive.
12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract other than
the excepted risks are the responsibility of the Contractor.

13. Insurance

13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start date to the end of the Defects Liability Period, in the
amounts and deductibles stated in the Contract data for the following events which
are due to the Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,


(b) Loss of or damage to Equipment
(c) Loss of or damages of property (expect the Works, Plant, Materials and
Equipment) in connection with the Contract; and
(d) Personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer’s approval before the Start Date. All such insurance shall
provide for compensation to be payable in the types and proportions of currencies
required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided and
recover the premiums the Employer has paid from payments otherwise due to the
Contractor or, if no payment is due, the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the
Engineer.

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13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Report

14.1 The Contractor in preparing the Bid shall rely on any site Investigation reports referred
to in the Contract Data, supplemented by any information available to the Bidder.
15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the works in accordance with the
specification and Drawings.

17. The Works to be completed by the Intended Completion Date


17.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the programme submitted by the Contractor,
as updated with the approval of the Engineer, and complete them by the Intended
Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary works to the Engineer, who is to approve them if they comply with the
Specifications and drawings.

18.2 The Contractor shall be responsible for design of temporary works.

18.3 The Engineer’s approval shall not alter the contractor responsibility for design of the
Temporary works.

18.4 The Contractor shall obtain approval of third parties to the design of the Temporary
works where required.
18.5 All Drawings prepared by the Contractors for the execution of the temporary or
permanent work are subject to prior approval by the Engineer before their use.
19. Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered


on the site is the property of the Employer. The contractor is to notify the engineer of
such discoveries and carry out the Engineer’s instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the site to the Contractor. If
possession of a part is not given by the date stated in the Contract Data the Employer
is deemed to have delayed the start of the relevant activities and this will be a
Compensation Event.
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21.2 If within 25% of the time limit of the project, 80% of possession of the site is not
handed over to the Contractor, then contractor/ Employer may fore-close the contract.
Contractor/Employer has to foreclose the work within 30 days after lapse of 25%-time
limit and after 30 days foreclosure option will be closed.

22. Access to the Site


22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer
access to the Site, to any place where work in connection with the Contract is being
carried out or is intended to be carried out and to any place where materials or plants
are being manufactured/ fabricated/ assembled for the works.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works
which comply with the applicable laws where the site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts and
records relating to the performance of the Contractor and to have them audited by
auditors appointed by the Employer, if so required by the Employer.

24. Disputes
24.1 If the Contractor is of the view that a decision taken by the Engineer was either outside
the authority given to the Engineer by the Contract or that the decision was wrongly taken,
the decision shall be referred to Competent Authority of SSNNL within 14 days of the
notification of the Engineer's decision. If the issue is not resolved, any party can refer the
matter for conciliation within 15 days from the decision given by such Competent
Authority.

24.2
(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the decision
of the Competent Authority, both the parties have to refer to the
Director(CAD/CIVIL/CANAL), SSNNL concern for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied with the
decision of the Competent Authority, both the parties have to refer to the MD,
SSNNL for the conciliation process.

If the dispute is not resolved through the conciliation process, he may refer the dispute
to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails
to refer a claim / dispute to the Higher Authority within 14 days of the notification of
the Engineer's decision, the Contractor shall not be entitled to any additional
payment/claim if he doesn’t follow the above sequence in stipulated time and he
should not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration procedure
stated in the Special Conditions of Contract.

26. Deleted

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B. TIME CONTROL
27. Programme

27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer
for approval a Programme showing the general methods, arrangements orders, and
timing for all the activities in the works along with monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining work including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated programme at
intervals no longer than the period stated in the Contract data. If the Contractor does
not submit an updated programme within this period, the Engineer may withhold the
amount stated in the Contract data from the next payment after the date on which the
overdue programme has been submitted.

27.4 The Engineer’s approval of the programme shall not alter the Contractor’s obligations.
The Contractor may revise the programme and submit it to the Engineer again at any
time. A revised programme is to show the effect of Variations and Compensations
events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a compensation Event
occurs or a Variation is issued which makes it impossible for completion to be
achieved by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining work and which would cause the Contractor to incur
additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended
Completion Date within 35 days of the Contractor asking the Engineer for a decision
upon the effect of a compensation event or Variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay or has failed
to cooperate in dealing with a delay, the delay by this failure shall not be considered
in assessing the new Intended Completion Date.

28.3 The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The
employer shall in not more than 21 days communicate to the engineer the acceptance
or otherwise of the Engineer’s decision. If the employer fails to give his acceptance, the
Engineer shall not grant the extension and the contractor may refer the matter under
Clause 24.1

29. Deleted

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any
activity within the works.

31. Management Meetings

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31.1 Either the Engineer or the Contractor may require the other to attend a management
meeting. The business of a management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance with the early warning
procedure.
31.2 The Engineer shall record the business of management meetings and is to provide
copies of his record to those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken is to be decided by the Engineer
either at the management meeting or after the management meeting and stated in
writing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely
future events or circumstances that may adversely affect the quality of the work,
increase the Contract price or delay the execution of works. The Engineer may require
the contractor to provide an estimate of the expected effect of the future event or
circumstance on the contract price and completion date. The estimate is to be provided
by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering
proposals for how the effect of such an event or circumstance can be avoided or
reduced by anyone involved in the work and in carrying out any resulting instruction
of the Engineer.

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C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

33.1: Defect liability period:


The contractor shall be responsible to make good and remedy at his own expense any
defect which may develop or may be noticed before the period mentioned hereunder
from the certified date of completion. The Engineer in charge shall give the contractor a
notice in writing about the defects and the contractor shall make good the same within
15 days of receipt of the notice. In the case of failure on the part of the contractor, the
Engineer- in-charge may rectify or remove or re-execute the work at the risk & cost of
the contractor. The Engineer-in-charge shall be entitled to appropriate the whole or any
part of the amount of security deposit towards the expenses, if any, Incurred by him in
rectification, removal or re-execution. The Defects Liability period shall be as under….
(a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall be 3
Months from the certified date of completion.
(b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount put tender),
the period shall be 12 (Twelve) months from the certified date of completion or one
monsoon, whichever is later.
(c) For major projects costing more than Rs. 1 crore, the period shall be 36 Months from
the certified date of completion which should include three monsoons.
(d) For original building works the defect liability period will be 4 years or elapse of 4
monsoon period following date of possession of building taken over by user agency
following the certified date of completion, whichever is later.
For the purpose of deciding the monsoon period, the 30th September shall be treated as the
last date.
Modified vide R & B D Circular No. PAC-11-102008-2076-N dated 31/8/2009,
PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular No.TNC/10/2016/Clause
17A (Correction/(1)C Dated 12/05/2016]

33.2 Free maintenance guarantee period for works of Road/Bridge construction


(a) For resurfacing work of road free maintenance guarantee period one year from the date of
completion.
(b) In case of widening of the road/strengthening of the road/bridge, the contractor shall
have to give four years free maintenance guarantee from the certified date of completion.
During this period the contractor shall visit the site every three months along with the
concerned Section Officer /Deputy Executive Engineer and will examine the work already
carried out in this contract like road work, jungle cutting, side shoulders, side gutter, road
furniture, patta etc. and will prepare Km. wise inspection report duly signed by all
concerned and any defect observed shall be done within 15 days by the contractor at his
risk and cost as per the direction of Engineer in charge. The contractor needs to do
videography of these visits and require to submit at the time of release of FMG. If the B.T
surface during the maintenance period of 4 years is worn out then agency shall have to
provide renewal coating as per tender item as directed by the Engineer-in- charge. The
amount equivalent to 5% of each running bill shall be withheld and will be released after
the free maintenance guarantee period (i.e. 4 years) is over.
However, this amount shall be released against fixed deposit or bank guarantee pledged
in the name of Executive Engineer after completion certificate of work is issued.

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32.2.1 The flakiness and elongation index (combined) for coarse aggregates under no
circumstances shall exceed the allowable limit set forth in the relevant clause for the
material in question.

32.2.2 2% of the amount eligible for the payment of bituminous items shall be withheld till the
miscellaneous items like earthwork in embankment / cutting for side shoulders, side
gutters, kilometer / indicator / guard stones, sign boards etc. are completed in all respect by
the contractor. After completion of the miscellaneous items, the above said 2% withheld
amount shall be released.

32.2.3 Videography for the surface under Maintenance Guarantee is to be done as per Govt. letter
No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work costing more than Rs. 5.00Crore.

32.2.4 Setting up of adequate laboratory & deployment of quality engineers.


The contractor shall have to set up the laboratory with adequate equipment. Till the setting
up of adequate laboratory is completed & reported of this to the engineer (subject to due
verification by engineer’s representative) by contractor in writing, Rs.2,00,000/- shall be
withheld. The qualified quality Engineer shall be deployed exclusively for this contract by
the contractors. If quality Engineer is not deployed by contractor within one month after the
date of work order, the amount equivalent to Rs.20,000 per month shall be recovered till the
actual deployment of quality engineer. The amount so recovered towards the deployment of
quality engineers shall not be refunded.

32.2.5 Asphalt work will have to be cross checked as per G.R. No.: RGN/60/2006/35/C,
dtd.31/05/07 before final bill is paid.
32.2.6 Maintenance during Construction Period
During the Construction Period, the Contractor shall maintain, at his own risk and cost, the
existing lane(s) of the road so that the traffic worthiness and safety thereof are at no time
materially inferior as compared to their condition 10 (ten) days prior to the date of the
Agreement, and shall undertake the necessary repair and maintenance works for this
purpose; provided that the Contractor may, at his cost, interrupt and divert the flow of traffic
if such interruption and diversion is necessary for the efficient progress of works and
conforms to Good Industry Practice; provided further that such interruption and diversion
shall be undertaken by the Contractor only with the prior written approval of the Executive
Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it
is agreed that the Contractor shall at all times be responsible for ensuring safe operation of
the road.
33.3 The Engineer shall check the Contractor’s work and notify the Contractor of any defects that
are found. Such checking shall not affect the Contractor’s responsibilities the Engineer may
instruct the Contractor to search for a Defect and to uncover and test any work that the
Engineer considers may have a Defect.

33.4 Free maintenance guarantee period for works of construction of Canals (including UGPL).
Canal Structures, Canal Roads. Hydro Electrical & Mechanical works, Solar, Building works
and Maintenance & Operations.
(a) For the work of Canals (including UGPL), Canal Structures, Canal Roads, Hydro Electrical &
Mechanical works, Solar, Building works and Maintenance & Operations free maintenance
guarantee period one year from the date of completion
(b) During this period the contractor shall visit the site every three months along with the
concerned Section Officer/ Deputy Executive Engineer and will examine the work already
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carried out in this contract and attend all defects such as filling rain cuts in banks. Jungle
cutting, side gutter and all other defects in all structures and its components etc. and will
prepare reach wise inspection report duly signed by all concerned and any defect observed
shall be done within 15 days by the contractor at his risk and cost as per the direction of
Engineer in charge. The contractor needs to do videography of these visits and require to
submit at the time of release of Performance Bond/Performance Security related to Free
Maintenance Guarantee. The amount equivalent to 5% of each running bill shall be withheld
and will be released after the free maintenance guarantee period (i.e. 4 years) is over.
However, this amount shall be released against fixed deposit or bank guarantee pledged in
the name of Executive Engineer after completion certificate of work is issued,
(1) The materials used for the works during construction shalt be as per Indian
standards/Technical Specification of the respective item and all the test as per respective
Indian Standards/ Technical Specification of the respective item shall be conducted and
ensured that the test results shall be meet the criteria specified in the relevant
clause/specifications for the maternal in question.
(2) 2% of the amount shall be withheld till the miscellaneous items like WBM road, testing of
canals, side gutters, km stones, canal data board, marble data plates, gauge plates, gate work
etc. and in case of UGPL, works, trial run, other ancillary work viz, strainer, ladder, pump,
well-cover, performance test trial run of Hydro Mechanical and Electrical works etc. are
completed in all respect by the contractor. After completion of the miscellaneous items, the
above said 2% withheld amount shall be released.
(3) Videography for the works under Maintenance Guarantee is to be done as per Govt. letter
No.: SSR/10/2015-16/26/C, Dtd 26/11/15 for the work costing more than estimated cost
of Rs. 5.00 Crore

(4) Setting up of adequate laboratory & deployment of quality engineers. The contractor shall
have to set up the laboratory with adequate equipment. Till the setting up of adequate
laboratory is completed & reported of this to the engineer (subject to due verification by
engineer's representative) by contractor in writing Rs 2,00,000/- shall be withheld. The
qualified quality Engineer shall be deployed exclusively for this contract by the contractors.
If quality Engineer is not deployed by contractor within one month after the date of work
order, the amount equivalent to Rs 20,000 per month shall be recovered till the actual
deployment of quality engineer. The amount so recovered towards the deployment of
quality engineers shall not be refunded.
(5) For finalizing the work, the work carried-out shall be randomly checked by core test for the
canal lining works and density tests for embankment works will have performed randomly
as per SSNNL G.R. No. મુ.ઇ/ગુિન/નમદા ગુ.િન/પીબી-૨/૬૮/૨૦૧૧ તારીખ:૨/૬/૨૦૧૧ before final bill is
paid
(6)Maintenance during Construction Period
During the Construction Period, the Contractor shall maintain; at his own risk and cost;
works for safety are at no time materially inferior as compared to their condition 10 (ten)
days prior to the date of the Agreement, and shall undertake the necessary repair and
maintenance works for this purpose, provided that the Contractor may at his cost is
necessary for the efficient progress of works and conforms to Good Industry Practice;
provided further that such interruption and diversion shall be undertaken by the Contractor
only with the prior written approval of the Executive Engineer which approval shall not be
unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at
all times be responsible for ensuring safe operation of the work.

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34. Tests
34.1 If the engineer instructs the Contractor to carry out a test not specified in the Specification
to check whether any work has a Defect and the test shows that it does, the Contractor
shall pay for the test and any samples. If there is no defect the test shall be a Compensation
Event.
34.2 For confirmatory tests of the testing done by the agencies 1% of the amount of work done
should be deducted from R.A. Bill of the contractor for testing the quality of material
workmanship, irrespective of actual charges.
34.3 Agency has to establish testing laboratory on site for the various test to be carried out in
the work for this purpose agency shall construct a pukka laboratory building with all
facility on site at location specified by the engineer in charge.
35. Correction of defects
35.1 The engineer shall give notice to the Contractor of any defects before the end of the defects
Liability Period, which begins at Completion and is defined in the contract data. The
Defects Liability Period shall be extended for as long as Defects remain to be corrected.
35.2 Every time notice of a Defect is given; the Contractor shall correct the notified defect within
the length of time specified by the Engineer’s notice.
36. Uncorrected Defects
36.1 If the Contractor has not corrected a defect within the time specified in the Engineer’s
notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor
will pay this amount.

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D. COST CONTROL
37. Bill of Quantities
37.1 The bill of Quantities shall contain items for the constructions, installation, testing and
commissioning work to be done by the Contractor.
37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is paid for the
quantity of the work done at the rate in the Bill of Quantities for each item.
38. Change in the Quantities
38.1 The Engineer shall have power to make any alterations in or addition to the original
specifications, drawings, designs and instructions that may appear to him to be necessary
or advisable during the progress of the work and the contractor shall be bound to carry
out the work in accordance with any instruction in this connection which may be given
to him in writing signed by the Engineer and such alteration shall not invalidate the
contract and any additional work which the contractor may be directed to do in the
manner above specified as part of the work shall be carried out by the contractor on the
same conditions in all respects on which he agreed to do the main work and at the same
rate as are specified in the tender for the main work.
Except that when the quantity of any item exceeds the quantity as in the tender by more
than 130%, the contractor will be paid for the quantity in excess of 130%, at the rate
entered in the SOR of the year during which the excess in quantity is first executed.

39. Variations

39.1 All Variations shall be included in updated programmes produced by the Contractor.

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no rate is specified
in this contract, then such class of work shall be carried out as under.

(i) At the rate derived from the item within the contract which is comparable to the one
involving additional or altered class of work; where there are more than one comparable
items, the item of the contract which is nearest in comparison with regard to class or
classes of the work involved shall be selected and the decision of the Superintending
Engineer as to the nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall be
carried out at the rate entered in the Schedule of Rates of the division for the year in
which the tender was received, increased or decreased by the percentage by which the
tender amount is more or less as compared to the amount arrived at the rates in the
“Schedule of Rates” of the Division in the year in which the tender was received. If the
Schedule of rates of the Division does not contain all the items, the percentage increase
or decrease of the tender shall be calculated considering such items which were included
in the “Scheduled Rates” of the division for the year and for materials consumed on such
item the rate to be charged would be the basic rate taken into account for fixing the rate
in S.O.R. referred to above.

47
(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work shall be
carried out at the rate decided by the competent authorities on the basis of detailed rate
analysis after hearing the contractor before a Committee of two Superintending
Engineers stationed at the same place or the nearest place.
40.2 If the additional or altered work, for which no rate is entered in the “Schedule of Rates”
of the Division is ordered to be carried out before the rate is agreed upon, then the
contractor shall within seven days of the date of receipt by him of the order to carry out
the work, inform the Engineer-in-charge of the rate, which it is his intention to charge for
such class of work and if the Engineer in charge does not agree to this rates, he shall by
notice in writing be at liberty to cancel his order to carry out such class of work and
arrange to carry it out in such manner as he may consider it advisable, provided always
that if the contractor shall commence work or incur any expenditure in regard thereof
before the rates shall have been determined as lastly herein before mentioned, then in
such cases he shall only be entitled to be paid in respect of the work carried out or
expenditure incurred by him prior to the date of the determination of the rate as
aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge after
obtaining approval of the Competent Authority if needed as per delegation of Powers of
SSNNL. In the event of the dispute, the decision of the Competent Authority of SSNNL
shall be final
Where, however, the work is to be executed according to the designs, drawings and
specifications recommended by the contractor and accepted by the competent authority,
the alternation above referred to shall be within the scope of such designs, drawings and
specifications appended to the tenders.
The time limit for the completion of the work shall be extended in the proportion
that the increase in the cost occasioned by alterations bears to the cost of the original
work and the certificate of the Engineer-in-charge as to such proportion shall be final and
conclusive.
41. Cash Flow Forecasts
41.1 When the programme is updated, the contractor is to provide the engineer with an
updated cash flow forecast.
42. Payment certificates.

42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value
of the work completed less the cumulative amount certified previously.
42.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify
the amount to be paid to the Contractor after taking in to account any credit or debit for
the month in question in respect of materials for the works in the relevant amounts and
under conditions set forth in sub-clause32.3 of the Contract Data (secured Advance).
42.3 The value of work executed shall be determined by the Engineer.
42.4 The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
42.5 The value of work executed shall include the valuation of variations and compensation
events.
42.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information

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43. Payments

43.1 Payments shall be adjusted for deductions for advance payments, retention, other
recoveries in terms of the contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts certified by the Engineer within 28 days
of the date of each certificate.
43.2 Payment of GST (prevailing rates) on the amount payable under the contract to the
Contractor will be made by the Employer. Hence, it is the responsibility of the contractor
to pay the GST to the concerned Authority.
43.3 Items of the works for which no rate or price has been entered in will not be paid by the
Employer and shall be deemed covered by other rates and prices in the Contract.

44. Compensation events

44.1 The following are compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the site Possession date stated
in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being completed beyond
the Intended Completion Date then Authority will approve EOT with eligible contractual
price escalation.

45. Tax

45.1 The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date
of bid submission except GST. However, any subsequent changes in the tax structure by
Government after due date of bid submission will be compensated (+/-) on availability
or submission of actual documentation. Contractor will have to intimate Engineer
regarding changes occurred in the tax structure after bid submission. If the contractor
fails to provide such information and if any financial obligation may arise due to change
in tax structure, same will be recovered from the contractor.
45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to
pay the GST to the concerned Authority.

46. Currencies.
46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment


47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour,
materials, fuels and lubricants in accordance with the following principles and
procedures and as per formula given in the contract data:
(a) The price adjustment shall apply for the work done from the start date given in the
contract data up to end of the initial intended completion date or extensions granted by
the Engineer and shall not apply to the work carried out beyond the stipulated time for
reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula given in
49
the contract data.
(c) Following expressions and meanings during to the work done during each month
R = Total value of work done during the month. It would include the amount of secured
advance granted, if any, during the month less the amount of secured advance recovered,
if any during the month. It will exclude value for works executed under variations for
which price adjustment will be worked separately based on the terms mutually agreed.
47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not
covered by the provisions of this or other clause in the contract, the unit rates and prices
included in the contract shall be deemed to include amounts to cover the contingency of
such other rise or fall in costs.

48. Retention

48.1 The Employer shall retain from each payment due to Contractor the proportion stated in
the Contract Data until Completion of the whole of the Works.
48.2 On Completion of the whole of the Works half the total amount retained is repaid to the
Contractor and half when the Defects Liability Period has passed and the Engineer has
certified that all Defects notified by the Engineer to the Contractor before the end of this
period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention money with
an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the Employer
under the provision of this clause, Employer shall consider the said request of the
Contractor provided that the refund hereunder shall be made in tranches of not less than
1% (One Percent) of the Contract Price and Contractor furnishes an irrevocable and
unconditional Bank guarantee for an equal amount substantially in the format of Bank
Guarantee for Performance Guarantee enclosed with SBD and valid up to 60 day beyond
the scheduled / extended Defects Liability Period. On completion of the whole works, the
contractor has however an option to submit a fresh irrevocable and unconditional Bank
Guarantee for an amount equal to 5% of the total value of work executed substantially in
the format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid
up to 60 days beyond the Defect Liability Period and yet refund the Retention Money
Bank Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated
in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date (for the whole works or the milestone as stated in the contract data).
The total amount of liquidated damages shall not exceed the amount defined in the
Contract Data. The Employer may deduct liquidated damages from payment due to the
Contractor. Payment of liquidated damages does not affect the Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall not be entitled for any
interest on the over payment calculated from the date of payment to the date of
repayment.

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49.3 If the contractor fails to comply with the time for completion as stipulated in the tender,
then the contractor shall pay to the employer the relevant sum stated in the Contract Data
as Liquidated damages for such default and not as penalty for everyday or part of day
which shall elapse between relevant time for completion and the date stated in the taking
over certificate of the whole of the works on the relevant section, subject to the limit
stated in the contract data.
The employer may, without prejudice to any other method of recovery deduct the
amount of such damages from any monies due or to become due to the contractor. The
payment or deduction of such damages shall not relievethe contractor from his obligation
to complete the works on from any other of his obligations and liabilities under the
contract.

49.4 If, before the Time for Completion of the whole of the Works or, if applicable any Section,
a Taking Over Certificate has been issued for any part of the Works or of a Section, the
liquidated damages for delay in completion of the remainder of the Works or of that
Section shall, for any period of delay after the date stated in such Taking-Over-Certificate,
and in the absence of alternative provisions in the Contract, be reduced in the proportion
which the value of the part so certified bears to the value of the whole of the Works or
Section, as applicable. The provisions of this Sub-clause shall only apply to the rate of
liquidated damages and shall not affect the limit thereof.

50 Bonus

50.1 If the contractor achieves completion of the whole of the works prior to the intended
Completion Date prescribed in Contract Data the Employer shall pay to the contractor a
sum stated in Contract Data as bonus for every completed month but subjected to
maximum amount as stated in Contract Data; which shall elapse between the date of
completion of all items of works as stipulated in the contract, including variations
ordered by the Engineer and the time prescribed in Clause17.

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the
works is equal or more than 6 months. The bonus would be paid asunder

% of Time Saved % of Initial Contract


Price entitled for
Bonus
50 % 5%
40 % 4%
30 % 3%
20 % 2%
10 % 1%
Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than two installments
except in special circumstances for which the reason to be Recorded in writing) to the
Contractor of the amounts stated in the Contract Date by the date stated in the Contract
Date, against provision by the Contactor of an Unconditional Bank Guarantee in a form
51
and by a bank acceptable to the Employer in amounts and currencies equal to be at least
110%oftheadvancepayment.Theguaranteeshallremaineffectiveuntiltheadvance
payment has been repaid, but the amount of the guarantee shall be progressively reduced
by the amounts repaid by the Contractor. The Mobilization advance would be deemed as
interest bearing advance at an interest rate of 10 % to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for Equipment, plant and
Mobilization expenses required specifically for execution of the Works. The Contractor
shall demonstrate that advance payment has been used in this way by supplying copies
of invoices or other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate amount from payments
otherwise due to the Contractor, following the schedule of completed percentages of the
Works on a payment basis. No account shall be taken of the advance payment or its
repayment in assessing valuations of work done, variations, price adjustments,
Compensation Events, or Liquidated damages.

51.4 Deleted

52. Securities

52.1 The performance Security (including additional security for unbalanced bids) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance and
shall be issued in an amount and form and by a bank or surety acceptable to the
Employer, and denominated in Indian Rupees. The performance Security shall be valid
until a date 60 days from the date of expiry of Defects Liability Period and the additional
security for unbalanced bids shall be valid until a date 28 days from the date of issue of
the certificate of completion.

53. Deleted

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the
Start date and the end of Defects Correction periods shall be remedied by the Contractor
at the Contractor’s cost if the loss or damages arises from the Contractor’s acts or
omissions.

52
E. FINISHING THE CONTRACT

55. Completion

55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the
works and the Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the Engineer
issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of the total amount
that the Contractor considers payable as full and final settlement of all claims under the
Contract for items before the end of the Defects Liability Period. The Engineer shall issue
a Defect Liability Certificate and certify any final payment that is due to the Contractor
within 56 days of receiving the Contractor's account if it is correct and complete. If it is
not, the Engineer shall issue within 56 days a schedule that states the scope of the
corrections or additions that are necessary. If the Final Account is still unsatisfactory
after it has been resubmitted, the Engineer shall decide on the amount payable to the
Contractor and issue a payment certificate, within 56 days of receiving the Contractor’s
revised account.
57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses and
savings in final account is observed, the Engineer/Employer shall be at liberty to restrict
the final payment of BOQ items to the lowest amount evaluated of the bids considering
the final quantities and the rates quoted including the rebates if any. Payment of variation
items shall however be made at the rates approved by the Employer, within 90 days from
the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
Contract data, or they do not receive the Engineer’s approval, the Engineer shall withhold
the amount stated in the Contract Data from payments due to the Contractor.

59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:

1. The contractor stops work for 28 days when no stoppage of work is shown on the current
programme and the stoppage has not been authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the Works and the
instructions is not withdrawn within 28days;

53
3. The Employer or the Contractor is made bankrupt or goes into liquidation other than for
a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the Contractor within
56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of days for which the
maximum amount of liquidated damages can be paid as defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving
or soliciting of anything of value to influence the action of a public official in the
procurement process or in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement process or the execution
of a contract to the detriment of the borrower, and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Borrower of the benefits of free and open
competition.

59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for
a cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide
whether the breach is fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for convenience.

60. Payment upon Termination


60.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a Certificate for the value of the work done less
advance payments received up to the date of he issue of the certificate, less other
recoveries due in terms of the contract, less taxes due to deducted at source as per
applicable law and less the percentage to apply to the work not completed as indicated
in the Contract data. Additional Liquidated Damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the Contractor the difference shall be a
debt payable to the Employer.
60.2 If the Contract is terminated at the Employer’s convenience or because of a fundamental
breach of Contract by the Employer, the Engineer shall issue a certificate for the value of
the work done, the cost of balance material brought by the contractor and available at
site, the reasonable cost of removal of equipment, repatriation of the Contractor’s
personnel employed solely on the works, and the Contractor’s cost of protecting and
securing the Works and less advance payment received up to the date of the certificate,
less other recoveries due in terms of the contract and less taxes due to deducted at source

54
as per applicable law.

61. Property

61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to
be property of the Employer, if the Contract is terminated because of a Contractor’s
default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event entirely outside
the control of either the Employer or the Contractor the Engineer shall certify that the
Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried
out before receiving it and for any work carried out afterwards to which commitment
was made.

55
F. SPECIAL CONDITIONS OF CONTRACT

63. LABOUR

The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the staff
and the numbers of the several classes of labour from time to time employed by the
Contractor on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-contractor shall abide at
all times by all existing labour enactments and rules made there under, regulations,
notification and bye laws of the State or central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or
notifications that may be issued under any labour law in future either by the State or the
Central Government or the local authority. Salient features of some of the major labour
laws that are applicable to the construction industry are given below. The Contractor
shall keep the Employer indemnified in case any action is taken against the Employer by
the competent authority on account of contravention of any of the provisions of any Act
or rules made there under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause or
observe, or for observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor,
the Engineer/employer shall have the right to deduct any money due to the Contractor
including his amount of performance security. The Employer/Engineer shall also have
the right to recover from the Contractor any sum required or estimated to be required
for making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as the
employees of the Employer at any point to time.

56
SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO
ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923:- The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972:- Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more on death, the rate of 15 days wages for every completed year of service.
The Act is applicable to all establishments employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:-The Act Provides for monthly
contributions by the employer plus workers @ 10% or 8.33% The benefits payable under
the Act are:

1. Pension or family pension on retirement or death, as the case maybe.


2. Deposit linked insurance on the death in harness of the worker.
3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The principal Employer is required to take Certificate of Registration
and the Contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer, if they employ 20
or more contract labour.

F) Minimum Wages Act 1948 :-The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act, if the
employment is a scheduled employment. Construction of Building, Roads, Runways are
scheduled employment.

G) Payments of wages Act 1936:-It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal wages for work
of equal nature to Male and Female workers and for not making discrimination against
female employees in the matter of transfer, training and promotions etc.
I) Payments of Bonus Act 1965:- The Act is applicable to all establishments employing 20
or more employees. The Act provides for payments of annual bonus subject to a minimum
of 8.33% of wages and maximum of 20 % of wages to employees drawing Rs. 3500/- per
month or less. The bonus to be paid to employees getting Rs, 2500/- per month or above
Rs. 3500/- per month shall be worked out by taking wages as Rs.2500/-per month only.
The Act does not apply to certain establishments. The newly set-up establishments are
exempted for five years in certain circumstances. Some of the State Governments have
reduced the employment size from 20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and procedure for
resolutions of Industrial disputes, in what situations a strike or lock-out becomes illegal
57
and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all
establishments employing 100 or more workmen (employment size reduced by some of
the State and Central Government to 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the Act
and get the same certified by the designated Authority.
L) Trade Unions Act 1926:-The Act lays the procedure for registration of trade unions of
workmen and employers. The Trade Unions registered under the Act have given certain
immunities from civil and criminal liabilities.
M) Child Labour (Prohibition & Regulation Act 1986 :-The Act prohibits employment of
children below 14 years of age in certain occupations and process and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child labour is prohibited in Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of


service) Act 1979:-The Act is applicable to an establishment which employs 5 or more
inter-state migrant workmen through an intermediary (who has recruited workmen in
one state for employment in the establishment situated in another state).The inter-state
migrant workmen, is an establishment to which this Act becomes applicable, are required
to be provided certain facilities such as housing, medical aid, traveling expenses from
home up to the establishment and back, etc.
O) The Building and Other Construction workers (Regulation of employment and
Conditions of Service) Act 1996 and the Cess Act of 1996:-All the establishments who
carry on any building or other constructions work and employ 10 or more workers are
covered under this Act.
All such establishments are required to pay cess at the rate not exceeding 2% of the cost
of construction as may be modified by the government. The Employer of the
establishment is required to provide safety measures at the Building or construction
work and other welfare measures, such as canteens, First Aid facilities, Ambulance,
Housing accommodations for workers near the workplace etc. The Employer to whom
the Act applies has to obtain a registration certificate from the Registering Officers
appointed by the Government.

P) Factories Act 1948 :-The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10 persons
or more with aid of power or 20 or more persons without the aid of power engaged in
the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent authority as per
rule. The royalty charges paid shall be borne by the contractor and shall not be
reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to time
shall be applicable.
58
1. Water (Preservation and control of Pollution) Act,1974
2. Air (Prevention and Control of Pollution Act1981
3. Environmental (Protection) Act1986

The contractor must commit to adopting Environmental management plan for best
energy use, waste management, the reduction of pollution as in EMS (Environmental
Management system)ISO-14001- 2015

65. ARBITRATION (GCC Clause24)


The procedure for arbitration will be as follows: -

65.1 If the Contractor is of the view that a decision taken by the Engineer was either outside
the authority given to the Engineer by the Contract or that the decision was wrongly
taken, the decision shall be referred to Competent Authority of SSNNL within 14 days
of the notification of the Engineer's decision. If the issue is not resolved, any party can
refer the matter for conciliation within 15 days from the decision given by such
Competent Authority.
65.2
(a) For the work upto Rs.100 Cr., if any of the parties is not satisfied with the
decision of the COMPETENT AUTHORITY, both the parties have to refer to the
Director (CAD/CIVIL/CANAL), SSNNL concerned for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied with the
decision of the COMPETENT AUTHORITY, both parties have to refer to the
MD,SSNNL, Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process, contractor may refer
the dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the
Contractor fails to refer a claim / dispute to the Higher Authority within 14 days of the
notification of the Engineer's decision, the Contractor shall not be entitled to any
additional payment/claim if he doesn’t follow the above sequence in stipulated time.
However, during such period, he would not stop the work in any case.

59
SECTION - 4
CONTRACT DATA

60
CONTRACT DATA

Clause Reference With


Item marked “N/A” do not apply to this Contract. respect To section 3

1. The Employers is [CL.1.1]


Name: The Executive Engineer, S.B.C. Division No. 5/1, Dhrangadhra.
Address:’The Executive Engineer, S.B.C. Division No. 5/1, 2nd floor
Taluka Seva sadan, Halvad road Dhrangadhra 363310’.
Name of authorized Representative (will be intimated later)
2. The Engineer is Executive Engineer(S.B.C. Division No. 5/1,
Dhrangadhra
Name of Authorized Representative: ‘The Executive Engineer, S.B.C.
Division No. 5/1, 2nd floor Taluka Seva sadan, Halvad road
Dhrangadhra 363310’.
3. The Defects Liability Period is 3 Years from the date of [CL.1.1&33]
Completion.
4. The Start Date shall be 1stdays for the date of issue of the Notice to [CL.1.1]
proceed with the work.

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]
24 Months after start of work with the following milestones:
Milestone dates: [CL.2.2& 49.1]
Physical works to be completed Period from the start date
Milestone 1 i.e. 25% 90 days.
Milestone 2 i.e. 50% 180 days.
Milestone 3 i.e. 75 % 270 days.
Milestone 4 i.e. 100% 365 days.
6. The Site is located near, Taluka: Dhrangadhra & Halvad [CL.1.1]
7. The name and identification number of the Contract is Continuous patrolling, [CL.1.1]
Functioning of canal and vigilant inspection of Distributaries D-13 to D-17 &
Its Minors of Dhrangadhra Branch Canal for period from Year 2025 to 2027.
8. The works consist of Continuous patrolling, Functioning of canal and vigilant [CL.1.1]
inspection of Distributaries D-13 to D-17 & Its Minors of Dhrangadhra Branch
Canal for period from Year 2025 to 2027 with items as per B.O.Q. The
works shall, inter alia, include the following, as Specified or as directed:
(A) Road Works
Site clearance; setting – out and layout; widening of existing carriageway
and strengthening including camber corrections; construction of new
road/ Parallel service road; bituminous pavements
remodeling/construction of Junctions, intersections, bus bays, lay-bays;
supplying and placing of drainage Channels, flumes, guard posts and
guard other related items; construction/extension of cross drainage
works, bridge, approaches and other related stones; protective works for
roads/bridge; all aspects of quality assurance of various components of
the works; rectification of The defects in the completed works during the
Defects Liability Period; submission of “As- built’’ drawings and any
other related documents; and other item of work as may be required to
be carried out for completing the work in accordance with the drawings
and the provisions of the contract and to ensure safety.

61
(B) Bridge Works
Site clearance; setting out, provision of foundations, piers abutments and
bearing; prestressed/reinforced cement concrete superstructure; wearing
coat, hand railings, expansion joints, approach slabs, drainages spouts/
down take pipes, arrangements for fixing light posts, water mains, utilities
etc.; provision of suitably designed protective works; providing wing/return
walls; provision of road markings, road signs etc.; all aspects of quality
assurance; clearing the site and handing over the works on completion;
rectification of the defects during the Defects Liability Period and
submission of “As-built” drawings andother related documents; and other
items of work as may be required to be carried out for completing the works
in accordance with the drawings
and the provisions of the contract and to Insure safety
(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the Bid
documents.
10. The following documents also form part of the Contract: [CL.2.3(9)]
As per clause 2-3

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of sub-contracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death is [CL13]
Rs. 5 lakhs per occurrence with the number of occurrences limited to four.
After each occurrence, the contractor will pay an additional premium
necessary to make insurance valid for four occurrences always.

17. Site Investigation report [CL.14]


18. The Site Possession dates shall be from 1st date of Work order. [CL.21]
19. The period for submission of programme for approval of the engineer shall [CL. 27.1]
be 21 days from the issue of Letter of Acceptance.
20. The period between program updates will be 15 days. [CL.27.3]
21. The amount to be withheld for late submission of an updated programme [CL. 27.3]
shall be Rs 0.50 lakhs.
22. The following events shall also be Compensation Events [CL. 44]
Substantially adverse ground conditions encountered during the course
of execution of work not provided for in the bidding document.
(i) Removal of underground utilities detected subsequently
(ii) Significant changes in classification of soil requiring
additional mobilization by the contractor, e.g. ordinary soil to
rock excavation,
(iii) Removal of unsuitable material like marsh, debris dumps,
etc. not caused by the contractor.

62
(iv) Artesian conditions
(v) Seepage, erosion landslide
(vi) River training requiring protection of permanent work
(vii)Presence of historical, archeological or religious structures,
monuments interfering with the works
(viii) Restriction of access to ground imposed by civil, judicial, or
military authority
23. The currency of the Contract is Indian Rupees [CL. 46]
24. The formula (e) for adjustment of prices are as under: [CL.47]
 If any of the commodities like Cement, Steel or Bitumen are not
found applicable in a work, the weight component of that
commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as
indicated in SBD for the purpose of Price Adjustment} shall be
clubbed with the weight component of ‘Other Material’ (Pm), such
that the gross % weight of the components shall remain as 100%.
R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component


(i) Price adjustment for increase or decrease in the cost due to labour shall
be paid in accordance with the following formula:

V L= 0.85 x (Pl/100) x R x (Li–L0)/L0


VL = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for local labour
L0 = The consumer price index for industrial workers for the State on 28
days preceding the scheduled date of opening of technical Bids as
published by Labour Bureau, Ministry of Labour, Government of
India
Li= The consumer price index for industrial workers for the State for the
month under consideration as published by the Labour Bureau,
Ministry of Labour, Government of India.
Pl = Percentage of labor component of the work.
Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of cement


procured by the contractor
Vc= 0.85 x (Pc/100) x R x (Ci– C0)/C0
Vc = Increase or decrease in the cost of work during the month under
consideration due to changes in rates for cement.
C0 = The all-India wholesale price index for Ordinary Portland Cement
on 28 days preceding the scheduled date of opening of technical bid
as published by the Office of the Economic Adviser, Department for
Promotion of Industry and Internal Trade, Ministry of Commerce &
Industry.

63
Ci= The all India average wholesale price index for Ordinary Portland Cement for the
month under consideration as published by Office of the Economic Adviser,
Department for Promotion of Industry and Internal Trade, Ministry of
Commerce &Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component


(iii) Price adjustment for increase or decrease in the cost of steel procured by the
contractor shall be paid in accordance with the following formula
Vs = 0.85 x (Ps/100) x R x (Si– S0)/S0

Vs= Increase or decrease in the cost of work during the month under
consideration due to changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel-Long Products Rebars)
on 28 days preceding the date of opening of Bid as published by the Office of the
Economic Adviser, Department for Promotion of Industry and Internal Trade,
Ministry of Commerce &Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long
Products Rebars) for the month under consideration as published by Office
of the Economic Adviser, Department for Promotion of Industry and Internal
Trade, Ministry of Commerce &Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long products
Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in accordance
with the following formula

Vb = 0.85 x (Pb/100) x R x (Bi– B0)/B0

Vb = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the nearest centre on the
day 28 days prior to the scheduled date of opening of technical bid.

Bi= The official retail price of bitumen of IOC depot at the nearest centre for the
15thday of the month under consideration.

Pb = Percentage of bitumen component of the work

64
Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall
be paid in accordance with the following formula

Vf = 0.85 x (Pf/100) x R x (Fi– F0)/F0

Vf = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for fuel and lubricants.

Fo = The official retail price of High-Speed Diesel (HSD) at the existing consumer
pumps of IOC at the nearest centre on the day 28 prior to the date of opening of
Bid.

Fi= The official retail price of HSD at the existing consumer pumps of IOC at the
nearest centre for the 15thday of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has been
chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery spare
procured by the Contractor shall be paid in accordance with the following formula

Vp = 0.85 x (Pp/100) x R x (Pi– P0)/P0

Vp= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of machinery for
mining, quarrying and Construction for the month under consideration as
published Office of the Economic Adviser, Department for Promotion of
Industry and Internal Trade, Ministry of Commerce & Industry.

Pi= The all India average wholesale price index for manufacturer of machinery
for mining, quarrying and Construction for the month under consideration as
published Office of the Economic Adviser, Department for Promotion of
Industry and Internal Trade, Ministry of Commerce & Industry.

Pp= Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and parts has
been chosen to represent the Plant and Machinery Spares group

65
Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials other than
cement, steel, bitumen and POL procured by the contractor shall be paid in
accordance with the following formula

Vm= 0.85x (Pm/100) x R x (Mi– M0)/M0

Vm = Increase or decrease in the cost of work during the month under consideration
due to change in rates for local materials other than cement, steel, bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on 28days preceding
the scheduled date of opening of technical Bids, as published by the Office of the
Economic Adviser, Department for Promotion of Industry and Internal Trade,
Ministry of Commerce &Industry.

Mi= The All India wholesale price index (all commodities) for the month under
consideration as published by the Office of the Economic Adviser, Department
for Promotion of Industry and Internal Trade, Ministry of Commerce &
Industry.

Pm = Percentage of local material components (other than cement, steel, bitumen


and POL) of the work.

The following percentage will govern the price adjustment for the entire contract:
1. Labour-Pl 100.00 %
2. Cement–Pc 00.00 %
3. Steel- Ps 00.00 %
4. Bitumen–Pb 00.00 %
5. POL–Pf 00.00 %
6. Plant & Machinery Spares Pp 00.00 %
7. Other Materials–Pm 00.00 %
--------------
Total 100.00 %
--------------

25. The proportion of payments retained (retention money) shall be 6% {CL. 48}
from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49} delay
in completion of works (1/2000)th of the Initial contract
price, rounded off to the nearest
Thousand, per day. For sectional
Completion (wherever specified In
item 6 of Contract data) (1/2000)thof
initial contract price for #5 km
Section, rounded off to the nearest
thousand per day.

66
27. Maximum limit of liquidated damages 10 percent of the Initial {CL.49}
For delay in completion work Contract Price rounded off to
the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early
completion of work shall be given
as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}
Completion of work Price

30. The amount of the advance payment are: {CL. 51 &52}

Nature of Advances Amount (Rs.) Conditions to


Be fulfilled
i Mobilization10% of the contract On submission of unconditional
Price Bank Guarantee. (to be drawn
before the end of 20% of the
contract period). The contractor
may furnish four bank guarantees
of 2.5 % of each valid for the full
period.

ii Equipment 90% for new and 50% of After equipment is brought to site
depreciated value for old (provided the Engineer is satisfied
equipment. Total amount That the equipment is required
will be subject to a for performance of the contract)
maximum of 5% of the and on submission of
Contract Price unconditional Bank Guarantee for
amount of advance

iii Secured Deleted


Advance for
Non-perish
able material
Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after
fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL.51.3}

The advance loan shall be repaid with percentage deduction from the interim
payments certified by the Engineer under the Contract. Deduction shall commence
in the next Interim Payment Certificate following that in which the

67
total of all such payments to the Contractor has reached not less than
20 percent of the Contract Price or 6 (six) months from the date of
payment of first installment of advance, whichever period concludes
earlier, and shall be made at the rate of 20 percent (collectively for
both Mobilization Advance and Equipment Advance)of the
amounts of all Interim Payment Certificate until such time as the loan
has been repaid, always provided that the loan shall be completely
repaid prior to the expiry of the original time for completion pursuant
to Clause 17 and28.
32. Deleted
33. The securities shall be for the following minimum amounts
equivalent {CL. 52} As a percentage of the Contract Price:
Performance Security for 5 percent of contract price plus Rs.
…………….. (to be decided after evaluation of the bid) as additional
security in terms of ITB Clause 29.5
The standard form of Performance security acceptable to the Employer
shall be an unconditional Bank Guarantee of the type as presented in
Section 8 of the Bidding Documents.
34. The Schedule of Operating and maintenance Manuals…..N/A.
{C
L.58}
35. The date by which “as– built” drawings (in scale as directed) in 2 sets
{CL. 58} are required within 28 days of the issue of certificate of
completion of the whole or section of the work, as the case maybe.
36. The amount to be withheld for failing to supply “as built” drawings {CL.
58} by the Date required is Rs.NA
37. The following events shall also be fundamentals breach of contract:
{CL.59.2} “The Contractor has contravened Sub- clause 7.1 and Clause
9 of GCC”
38. The percentage to apply the value of the work not completed
representing {Cl 60} the Employer’s additional cost for completing the
Works shall be 20 percent.

68
SECTION - 5
TECHNICAL SPECIFICATION

69
GENERAL SPECIFICATION

1.0. The agency shall have to carry out operation and security round the clock, throughout the
year including monsoon or in emergency. Agency shall make arrangement of office at the
place identify with the consultation of engineer-in- charge

1.1 The agency shall follow the prevailing Rules and Regulations of the SSNNL to carry out
the work, which may change from time to time, and they should follow the instructions
of the SSNNL from time to time.

1.2 The agency shall abide by all the other rules and regulations, codes and conducts of the
employers laid down by the Government from time to time.

1.3 The agency shall deploy 8th pass persons having knowledge of Equipment's (Including
chain, Pully etc.) and experience in the job of operation of gates manually as well as
electrically. The agency shall be well aware of electric equipment. If required, the mobile
Diesel Generating set shall be provided by the Agency on site as directed by Engineer-In-
Charge and shall be conversant with the use and operation of equipment.

1.4 The contractor shall also provide safety kits, torches and required safety equipment's on
site. The contractor shall also provide two-wheeler for their chowkidars and one four-
wheeler vehicles for Project Manager/Engineer. The cost of all types of stationary, Printed
registers, vehicles and other all required equipment's etc. shall be included in the rates
quoted by the agency and no separate payment shall be made for these items. Logbook of
vehicles shall be regularly maintained by themselves and any departmental officer/field
officer shall randomly check at any time.

1.5 Any damage to the electric motor, gate control panel and other electric equipment due to
faulty operation shall become the responsibility of the agency. The cost of repairing such
damaged equipment shall be recovered from the agency

1.6. If during the period of this contract any person found to be unsuitable for any reason
whatsoever, the agency shall make immediate replacement to the satisfaction of the
Engineer-In-Charge. In this case, the Engineer-In-Charge's decision shall be final and
binding to the agency.

1.7 In the Event of any defect, failure, negligence or breach in the opinion of Engineer-In-
Charge, on the part of the Agency in complying with either of these conditions specified
in the agreement, the SSNNL shall terminate the contract forthwith and take possession of
the premises without payment of any compensation or damages and forfeit in full or in part
the amount deposited by the Agency for the due performance of the agreement.

1.8 The Agency shall be fully responsible for any liability including Nigam's persons on duty,
with a insurance cover as per EPFO guidelines. Failure of the agency to maintain adequate
coverage, the probable insurance cover would be purchased by Engineer In charge and the
70
same amount shall be deducted from the First RA Bill Attested copies of the insurance
policies shall be submitted to the Engineer-In-Charge within 15 days after the award of
work. The certificate shall state (50) fifty days advance notice shall be given to Nigam
before any policy covered thereby is changed, cancelled, altered or expired.

1.9 Agency is responsible for any damage to canals and crop compensations to farmers due to
mismanagement of gates & damage done by people etc. Agency shall rectify the damage
at their own cost including crop compensation to the farmers. The compensation shall be
levied as per the actual damaged crop which will be decided by agricultural officer. The
amount of compensation of such damage shall be recovered from RA bill, if it is not paid
by the agency.

1.10 After satisfactory completion of the contract period, it may be extended for maximum 01
(One) year, after obtaining permission from the concerned Chief Engineer. For this agency
has to give a written request to Engineer-In-Charge In such a case the agency shall continue
to provide services under this contract at rates agreed to in this contract and as per Terms
and Conditions. As per the instructions of Engineer in charge, necessary
registers/reports should be maintained & submitted to Engineer in charge.
2.0 The agency shall comply wish all the provisions of the various labour laws and rules and
regulations as applicable to them. Notwithstanding anything contained herein, the
Engineer-in-Charge of the representative so authorized on his behalf may take such actions
as may be necessary for the compliance of various labour laws and recover the cost thereof
from the agency forthwith in such matter as may be found proper.

2.1 The agency shall comply with all the provisions for the Minimum Wages Act and Employee
Provident Fund Rules, the agency shall submit proof or certificate of payment made to
each labourer/worker for wages and EPF to the Engineer-in- Charge for each billing
period. As proof of rightful wage and other social security benefits available to employees,
the agency shall submit the following documents to the Engineer in charge along with
periodic Running Account bills and final bills.

(i) Bank statement reflecting payment made to individual labour


(ii) EPF Statement
(iii) Abstract of attendance register of labour in prescribed format
(iv) Pay slip of chowkidars and supervisors with signature of chowkidars, supervisors and
sign and stamp of agency.

2.2 Agency shall submit all the necessary details like Labour License of Company, EPF, ESIC
registration certificate, PF No./ Bank A/c. No.of Security and operation of persons/labour/
Supervising staff deployed at points, etc., within one month from the date of issuance of
work order.

2.3 Running Bills:


1) The Agency shall have to prepare and submit the R.A. Bill every month separately.

71
2) The Agency shall have to submit the following documents to the Engineer-in- charge
with R.A. Bill.
(a) Payment to the security and operational persons deployed at points, shall be made in their
Bank Account directly by RTGS/NEFT by the Agency.
Statement of payment details showing the Name of person, Account No, IFSC Code &
Name of Bank.
(b) Certificate of payment made in accordance to the Labour Laws and Certificate of
compliance of all the Rules & Regulation of the Labour Laws. (Annexure-A)
(c) Minimum five photographs of branch for regular intervals, one photograph for each distry
and two photographs for each minor showing date, time & location (with chainage), shall
be submitted along with R.A. Bill (in hard & soft copy)
(d) Receipt/Chalan of EPF/ESI contribution remitted and Electronic Chalan cum return (ECR)
showing details of Name/EPF No. of person's deployed shall be submitted along with
every RA Bill.

2.4 According to the policy of SSNNL, WUA (Water users association of VSA/MSA) of
respective Minor canal is responsible for activities regarding irrigation and maintenance
of respective Minor canal when WUA starts to function. In the case whenever WUA Starts
to function for activities regarding irrigation and maintenance of respective Minor canal,
control points of such minor canals shall be deducted from the scope of work. Payment
shall be made accordingly No claim shall be considered for such deduction from the scope
of work.

2.5 In case of agency fails to discharge his responsibility under the O&M period/contract, the
ENGINEER-IN-CHARGE shall take immediate necessary actions for deployment of the
services of manpower which he deems to fit in his opinion for functioning of canal and to
keep canal in good condition. The ENGINEER-IN-CHARGE shall inform in writing to
the agency or his authorized representative of this failure. Such payment to other agency
by SSNNL shall be recovered from any outstanding dues or deposit of agency without any
notice.

3.0 The details of scope of work shall include Providing Services for Security and Operation
(Either manually or electrically) on Canal and at all types regulating structures and their
gates including their parts and control cabin of Branch Canal with its distributaries &
minors (as mentioned in Table-1,1(a),2 & 2(a) of this Section), round the clock (24x7).

4.0 The agency shall submit the detail information and bio-data along with uniform identity
card of the person engaged for work by him at each and every point shift wise to the
Engineer-In-Charge immediately after agreement. The agency shall furnish the shift wise
point wise organization chart along with their supervisory staff for providing Services for
Security, Operations and Maintenance on entire reach and their all regulating structures
including all gates of Branch Canals and its Distributories and Minors including control
cabin round the clock during period for irrigation and non-irrigation season. The agency
shall also provide life-saving kits, torches and other required safety equipment's on site.The
agency shall include such person's, who shall have good character and be well behaved
and sincere in their duties. The agency shall furnish to the Engineer-In- Charge in writing

72
with the photo identity such as Aadhar card etc. of each person's included in the
organization with addresses of residence and specified signature. The agency shall also
provide uniform identity card to all its person.
The agency shall deploy shift wise well experienced security and operational person's
round the clock during the irrigation and non-irrigation period at each and every point as
mentioned in Table 1,1(a), 2 and 2(a) of this Section. Prior to deployment of person's at
each and every points, the agency shall get approval of shift wise security and operational
person's from the Engineer-In-Charge.

4.1 The agency shall deploy the well experience one supervisory staff for close monitoring,
supervision and reporting for duties performed by security services and operational
person's provided at points (as mentioned in Table 1, 1(a), 2 and 2(a) of this Section) in
prescribed format as Annexure-l in this Section.

4.2 The agency shall maintain the following records:


(a) Printed List of Agency's Person's Deployed (Annexure-1)
(b) Printed Attendance Register at each point (Annexure-II)
(c) Printed Water Account Register at each point (Annexure-III).
(d) Printed Log book for operation of gate at each point (Annexure-IV).
(e) Printed Instruction Register (Annexure-V).
(f) Printed Register for Removal of Buknali/Unauthorized pumps etc (Annexure-VI).

4.3 The keys/spanners/handles etc. for operation of the gates shall be handed over by the Nigam
to the agency. The same shall be returned in good condition on completion of the
agreement period.

4.4 Responsibilities of the agency shall be:

(i) Raising or lowering of gates of all the regulating structures like CR / HR / Escapes on
Branch Canal and its distributories(at points as mentioned in Table 1,1(a), 2 and 2(a) of
this Section) as directed by Engineer-In-Charge or his authorized representative.
(ii) Agency shall be fully responsible for security including patrolling round the clock of entire
(i) Branch Canal, distributories, minors (ii) all Regulating Structures and their all gates and
components of gates (iii) control cabins on Branch Canal.
(iii) The agency shall provide the services for security and operational person's round the clock
in three shifts on each point as mentioned in Table 1, 1(a), 2 and 2(a) of this Section.
(iv) The Agency has to operate gates, walkthrough as per canal distribution Table No. 1,1(a),2
& 2(a) of this Section, clean and remove the debris and other waste collected in front and
around 100 m of all types of regulating structures of Branch Canal and Distributaries.
(v) The Agency has to supervise irrigation activity and monitor any kind of mischievous
activities that are being carried out in nearby vicinity of concerned area, water being drawn
from canals by farmers in illicit way and must prevent those activities. He shall prevent,
stop and remove Baknalis, pumps and any other unauthorized withdrawal of water. Also
remove encroachment, obstruction if any, and prevent canal from damage. If any farmer
is reluctant to remove any baknalis and unauthorized pumps then it must be brought into
notice to engineer-in-charge and his representatives as early as possible.

73
(vi) The agency shall be held fully responsible for any damage including damages due to
unauthorized method of drawal by farmers and also damages occurred due to faulty
operation or mismanagement of canal. He shall inform in writing to engineer-in-charge for
these kinds of activities.
(vii) Agency shall send canal water levels (upstream and downstream) & discharge through all
H.R. & Cross Regulators (along with date, time & location) at every 4 hours for Branch,
Distributaries and Minors.
(viii) Agency shall submit a copy of all these data monthly including data related to removal
of baknalis and unauthorized pumps (Annexure- VI) to concerned Dy. Exe. Engineer with
the bill.
(ix) The agency shall submit a monthly report to the Engineer-In-Charge apprising of any
irregularities observed and suggesting remedial measures.
(x) The agency shall submit the monthly report for the activities mentioned above, in para-iv,
v, vi, vii & ix to concern Deputy Executive Engineer.
(xi) The agency shall follow the instructions written in the instructions register (Annexure-V)
by Engineer-In-Charge or his representative.
(xii) The attendance register (Annexure-II) shall be verified by the concerned S.O. and it shall
be produced with monthly Bill.
(xiii) In case of the increase in labour wages by the Government, the Agency shall bear the cost
of any increase in labour wages during the contract period.
(xiv) The agency shall take due care to provide relieving staff and shall always maintain a
schedule for each Eight (08) hours shift round the clock. Non-availability of relieving
personnels shall be considered as default and contract shall be terminated by giving 15
days notice period.

4.5 The agency shall be fully responsible for security of the canals, Structures, gates and
regulating structures nearby gate locations. In Case of illegal withdrawing of water/
damaging Canal/ Illegal encroachment into acquired land/ stolen or thefts of parts of
regulating structures and including all other illegal activities, The agency has to carry out
all related Procedure, including filing F.I.R.

4.6 If agency fails to provide the various facilities as mentioned in this Section, then following
amount shall be recovered from their RA bill.

 If the security and operational person of agency shall not wear the dress, then penalty at a
rate of Rs.250/day per location per month shall be recovered from RA bill.
 If any security and operational person found absent by Engineer-In- Charge or his
representatives once during the months, then Rs. 1000 per day per person absent shall be
recovered from the RA bill.
 If any of the supervisory staff found absent by Engineer-in-Charge or his representative
more than once during the month, then Rs. 2000/- per day shall be recovered from the RA
bill.
 If any security and operational person's found absent by Engineer-In- Charge or his
representatives more than twice during the months, then agency shall replace him and new
person shall be deployed.

74
4.7 Operation of the Canal.
The canal shall be operated as per the schedule approved / decided by the Engineer in
charge including following the criteria of Raising and lowering of water level in the Canal
as per guidelines issued by SSNNL.

4.7.1 Measurement of the flow in the canal.


The agency shall measure the flow at the locations decided by the Engineer- In-Charge
with the help of suitable method / equipment/gauge system.

4.7.2 Personnel, records etc. for operation


The agency shall deploy 8th pass person's for the operation of the Canal. The deployment
schedule including name and phone number of persons, responsibility assigned to each of
them, shall be submitted during the agreement. The deployment schedule shall give
hierarchical position of the person to be deployed with one Project Manager at the helm of
the affairs for the purpose. This schedule shall be got approved from the Engineer-in-
Charge. The agency shall intimate to Engineer-in-charge in advance regarding any change
in the administrative hierarchy of such establishment.

1. The agency and the person's engaged for operation shall be responsible for maintaining
a satisfactory working environment with Nigam's field staff as well as beneficiary
farmers during performance of operation.
2. Record in format prescribed by the Engineer-in-Charge shall have to be maintained up to
date on site by the agency to establish and ascertain the effective operation, right
throughout the period of Operation. The check points for which such registers are to be
maintained shall be decided by the Engineer-in-Charge.
3. No unauthorized use/sale of canal water shall be allowed by the agency. Any such
occurrence shall make the agency liable to pay compensation as per prevailing rules.

4.8 Unscheduled closure of the canal due to any reason what so ever except due to force
majeure, will be considered as down time. Closure of canal less than 24 hours but more
than 12 hours shall be counted as one day's closure. A separate register shall be maintained
to record such period. This register shall be signed by the representative of the agency and
representative of Engineer- in-Charge in token of acceptance and correctness. For down
time recorded as above, and the area that is deprived of the irrigation will be multiplied to
arrive at the quantity of Hectare-day and the compensation of Rs. 20/-(Twenty) per ha.-
day will be levied from the agency for closure of canal for more than 24 hours. In such
case the area to be considered is the total affected area for which sanction is accorded by
the Engineer in charge.

4.9 If there is any domestic / industrial water supply and closure is more than 24 hours, the
compensation shall be levied for the 5% quantity of daily agreed quantity of supply for the
users at the current rate of water supply for domestic / industrial use at that time. In no case
shall the closure for more than 3 days be allowed.

4.10 Penalty in case of Breach in Canal.

75
In case of (1) Breach in Branch Canal a joint visit of Engineer in charge, and Agency (2)
Distributary Canal a joint visit of Deputy Executive Engineer and Agency (3) Minor Canal
a joint visit of Assistant Engineer and Agency will be done and based of the factual report
if the breach occurred due to lack of supervision or negligence of Agency. Penalty as
below shall be recovered from the. Due to which if no water flown in canals upto tail,
agency shall be fully responsible. The amount of Penalty of such damage shall be
recovered from the bill of the agency. Such breaches must be repaired immediately as per
original work. The agency shall report such type of incident immediately in writing to the
Engineer-In- Charge within 24 hours. The decision of the Engineer-In-Charge in these
regards shall be final and also binding to the agency.

Sr. Type of Canal Penalty in Rs. Per


No. Breach
1.0 Branch Canal 1,00,000.00
2.0 Distributory 50,000.00
3.0 Minor 25,000.00
4.11 Penalty in case of Water not flowing in canal in Irrigation Season
If the Agency fails to deliver the water till the end of any canal 72 hours after releasing
due to reasons attributable to improper operation of canal by the Agency, it shall be held
responsible for same and liable for Penalty stated in below table.

Sr. Type of Canal Penalty in Rs. Per Km Per


No. Day
1.0 Branch Canal 5000.00
2.0 Distributory 1000.00
3.0 Minor 500.00

4.12 Penalty in case of non-working of control points in Irrigation and Non-Irrigation Season
During the inspection, if no service or lack of service of nonworking of control point OR
absence of agency's person at Points, is found, the Agency shall be liable for the same and
Penalty of Rs. 1000/- (One thousand Rupees) Per control point Per Day shall be imposed.
The decision of Engineer - in Charge in this regard shall final and binding to the agency.

4.13 Mode of Measurement and payment (Item No. 1):


The measurement for payment shall be on per day per control point basis as per approved
rate of B.O.Q. The unit, location / day for this contract shall be defined as one location for
one day consisting of 24 hrs (0 to 24 hrs) in three shifts.

76
TABLE-1

Statement Showing the details of Regulating Structures Points where security including gate operator
provided round the clock on CANAL and their regulating structures. (In Irrigation Period.)
Location Allocated area under the point Canal reach
Point Type of Offtaking
No. Structure Chainage in mt.
Branch Canal

Definition of Location: The word Location means Group of Regulating Structures as mentioned in above
table. Total Location = Nos

TABLE-1a

Statement Showing the details of Regulating Structures Points where security including gate operator
provided round the clock on CANAL and their regulating structures. (In Non Irrigation Period.)
Location Allocated area under the point Canal reach
Point Type of Offtaking
No. Structure Chainage in mt.
Canal

Definition of Location:- The word Location means Group of Regulating Structures as mentioned in
above table. Total Location Nos:

TABLE-2
Statement Showing the details of Regulating Structures Points where security including gate operator
provided round the clock on Distributaries and Minors of Branch Canal and their regulating structures.
(In Irrigation Period)
DISTRIBUTORY AND MINORS

Control Point Control Point for


Off taking
Sr no Name of Canal for irrigation Non-Irrigation
Chainage in M
period period

Jasmatpur Distry D-13


1 Juna Ganshyamgarh minor- III 2651
2 Jasmatpur minor 4294 1
1
3 Satapar minor 4294
4 Satapar Branch Minor 1518
1 Jasmatpur Distry D-13 51810 1

77
Kankavati Direct Minor (D-14)
1 D-14 Kankavati Mr. 53999
2 Kankavati Br. Mr. 15
Ranmalpur Distry (D-15)
1 Ghandad Mr. -I 660
2 Kankavati Mr.-I 40
1
3 Kankavati Mr. -II 1772
2 Ghandad Mr. -II 3165
1 Ranmalpur Distry (D-15) 59827 1
1
Mangalpur Direct Minor (D-16)
1 Mangalpur minor (D-16) 64683
2 Mangalpur Br Minor-1 29
1
3 Mangalpur Br Minor-2 1610
4 Mangalpur Br Minor-3 2424
Malaniyad Distry (D-17)
1 Vegadvav Mr. -II 3190
2 Vegadvav Mr. -III 5310
1
4 Vegadvav Mr.-IV 6358
5 Vegadvav Br. Mr.IV 378
6 Isanpur Mr. 8487
7 Isanpur Br. Mr. 1798 1 1
8 Malniyad Mr. 8487
3 Mangalpur Mr. 5310
9 Ghanad Mr. 8385 1
10 Ghanad Br. Mr. 2637
Malaniyad Distry (D-17) 71979 1
Definition of Location: The word Location means Group of Regulating Structures as mentioned in above
table. Total Location = Nos.

78
TABLE-2a
Statement Showing the details of Regulating Structures Points where security including gate operator
provided round the clock on Distributaries & Minors of Branch Canal and their regulating structures. (In
Non Irrigation Period)
DISTRIBUTORY AND MINORS

Control Point Control Point for


Off taking
Sr no Name of Canal for irrigation Non-Irrigation
Chainage in M
period period

Jasmatpur Distry D-13


1 Juna Ganshyamgarh minor- III 2651
2 Jasmatpur minor 4294
1
3 Satapar minor 4294
4 Satapar Branch Minor 1518 1
1 Jasmatpur Distry D-13 51810
Kankavati Direct Minor (D-14)
1
1 D-14 Kankavati Mr. 53999
2 Kankavati Br. Mr. 15
Ranmalpur Distry (D-15)
1 Ghandad Mr. -I 660
2 Kankavati Mr.-I 40
1
3 Kankavati Mr. -II 1772
2 Ghandad Mr. -II 3165
1 Ranmalpur Distry (D-15) 59827 1
1
Mangalpur Direct Minor (D-16)
1 Mangalpur minor (D-16) 64683
2 Mangalpur Br Minor-1 29
1
3 Mangalpur Br Minor-2 1610
4 Mangalpur Br Minor-3 2424
Malaniyad Distry (D-17)
1 Vegadvav Mr. -II 3190
2 Vegadvav Mr. -III 5310
1
4 Vegadvav Mr.-IV 6358
5 Vegadvav Br. Mr.IV 378
6 Isanpur Mr. 8487
7 Isanpur Br. Mr. 1798 1 1
8 Malniyad Mr. 8487
3 Mangalpur Mr. 5310
9 Ghanad Mr. 8385 1
10 Ghanad Br. Mr. 2637
Malaniyad Distry (D-17) 71979 1
Definition of Location: The word Location means Group of Regulating Structures as mentioned in above
table. Total Location = Nos.

79
Annexure-A
Name of work: The Work of Continuous patrolling, functioning of canal and vigilant inspection
of………………….. Canal for period from……………………….. to………………20………
Time limit of work:-
Name of Agency:-
Agreement No:-
Work Order No:-
R.A. Bill No:-
Work code No.:-

It is to certify that prevailing Labour-Laws has been complied for, in the said work.

Signature of Proprietor/Agency

List of Agency's Personnel Deployed(Annexure-1)


Name of Work:
Name of Division:
Name of Agency:
Designatio
Concer
Shift Birt n Educati
Sr ned Name Aad Name
Chai Name of (Shift Ph h (Superviso onal
N Sub of har of
nage operator - No Dat r/Gate Qualific
o Divisio Canal no Village
1/2/3) e Operator/ ation
n
Reliever)
1 1
2 2
3 3
4 1
5 2
6 3
7 1
8 2
9 3

Signature of Signature of
Agency's Concerned Signature of Signature of
representative AE Concerned DEE Concerned EE

80
ATTENDANCE REGISTER (Annexure-II)
Name of Work:
Name of Division:
Name of Agency: Month
Con CLU Na
S Na To
cern STE me
r me S tal
ed R of 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3
of hi 1 2 3 4 5 6 7 8 9 Pr
Sub POI Ope 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1
N Can ft ese
Divis NT rato
o al nt
ion NO r
1 1
2 2
3 3
4 1
5 2
6 3
7 1
8 2
9 3
1
1
0
1
2
1
1
3
2
RE
1 LIE
3 VE
R-1
RE
1 LIE
4 VE
R-2
RE
1 LIE
5 VE
R-3
RE
1 LIE
6 VE
R-4
Total Present

Signature of
Agency's Signature of Signature of
representative Concerned AE Concerned DEE

81
Water Account Register (Annexure-III)

Name of Work:

Name of Division:

Name of Sub Division:

Agency:

01-01- 02-01- 03-01- 04-01- 05-01- 06-01- 07-01- 08-01- 09-01- 10-01-
Date
2025 2025 2025 2025 2025 2025 2025 2025 2025 2025

Discharge of
Branch
Chainage Canal/Distributary
Sr.No
(in mt) (in cusecs)

Name & Type of


Structure of
…………………………………………………………………………………………………………………………………………………………………………………………………………..
Branch Canal/
Distributary

Branch
1 43680
Canal/Distry CR
Branch Canal/
2 45560
Distry Escape
3 47140 Distry/Minor HR

4 48200 Distry / Minor HR

5 48450 CR

6 50250 Distry / Minor HR


Distry / Minor HR
7 52950
Tail

Signature of Agency's
representative Signature of Concerned ΑΕ Signature of Concerned DEE

Log book for operation of gate at each point (Annexure-IV)


Name of Work:
Name of Division:
Name of Sub Division:
Agency:
Name of Distributary:
Type of Structure: HR/CR
Chainage:
Time 8AM 12AM 4PM 8PM 12AM

Total Total Total Total Total


Date Discharge Discharge Discharge Discharge Discharge Discharge
Opening Opening Opening Opening Opening

Signature of Agency's
representative Signature of Concerned AE Signature of Concerned DEE

82
Instruction Register (Annexure-V)
Name of Work:
Name of Division:
Name of Sub Division:
Agency:
Date
Name of Designation Signature of
Sr.No of Chainage Instruction Name of Visitor
Canal of Visitor Visitor
Visit

Register for Removal of Buknalis/Pump/Any other Unauthorized Withdrawal (Annexure-VI)


Name of Work:
Name of Division:
Name of Sub Division:
Agency:
Month:
Type of
Nos of Unauthorized
Name Name Unauthorized Signature of Signature of
Sr. Withdrawal Name of Date of
of of Chainage Withdrawal Agency's SSNNL's
No. Buknalis/Pump/Any Farmer Removal
Village Canal Buknalis/Pump/Any Representative Representative
other
Other
1
2
3
4
5
6
7
8
9

1.0 SCOPE OF WORK UNDER THIS TENDER


1) Time limit of work is kept 24 months.
2) The details of scope of work shall include Providing Services for Security and
Operation (Either manually or electrically) on Canal and at all types regulating
structures and their gates including their parts and control cabin of Branch
Canal with its distributaries & minors round the clock (24x7)

83
PART – 1
SECURITY, OPERATION & MAINTANANCE

1.0 Specification for Item No: 1 & 2:-


Item No: 1
Providing continuous patrolling on canal, Removing algae, measuring irrigation
area, operation, maintain discharge throughout the length of canal and vigilant
inspection of canal during Irrigation season including security of structures, cleaning
of blockage in surface drain as directed, cleaning of waste collected near
HR/CR/Escape gate/structure, supply of communication system to all gate operator
of command area..
Item No: 2
Providing continuous patrolling on canal, vigilant inspection of canal during non-
Irrigation season including security of structures, cleaning of blockage in surface
drain as directed, cleaning of waste collected near HR/CR/Escape gate/structure,
supply of communication system to all gate operator of command area.

For Item No: 1


Providing continuous patrolling on canal, Removing algae, measuring irrigation
area, operation, maintain discharge throughout the length of canal and vigilant
inspection of canal during Irrigation season including security of structures, cleaning
of blockage in surface drain as directed, cleaning of waste collected near
HR/CR/Escape gate/structure, supply of communication system to all gate operator
of command area.
The agency shall be deploy unit as per below annexure of control point.

1.1 The agency shall submit the detail information and bio-data along with ID proof of
the personnel employed by him at each and every point shift wise to the Engineer-
In–Charge immediately after agreement. The agency shall furnish the shift wise
complete point wise organization chart along with their supervision staff for
providing Services for Security, Operations and Maintenance on entire reach and
their all regulating structures including all gates of Dhrangadhra Branch Canal and
its Distributories and Minors including control cabin round the clock during period
for irrigation season.
1.2 The agency shall be deploy shift wise well experienced security and operational
personal round the clock during the irrigation period at each and every point as
mentioned in above Table of this documents as directed by Engineer-In-Charge. The
agency shall approve shift wise security and operational personal from the

84
Engineer-In-Charge prior to it deployment at each and every points. The agency
shall not deploy any person who is minor according to the Law and also shall not
deploy any person more than 58 years old for above mentioned work. The agency
shall deploy the person who is able to operate the gate & keep security of gates. The
decision of Engineer-in -Charge shall be final and binding to all.
1.3 The agency shall deploy the well experienced supervisory staff as mentioned in
above Table of this document for close monitoring, supervision and reporting for
duties performed by security services and operational personnel provided at points
as mentioned in above Table of this document as approved by Engineer-In-Charge.
Moreover, person engaged by the agency must have sufficient knowledge to operate
smart phone with WhatsApp facility and their communications.
1.4 The agency shall provide following facilities to their each and every security and gate
operator personnel as approved by Engineer-In-Charge at each and every point
immediately,
(a) Photo identity card.
(b) Uniform
(c) Printed Attendance Register at each point.
(d) Printed Water Account Register at each point.
(e) Printed Instruction Register at each point.
(f) Printed Logbook for operation of gate at each point.
(g) Torch with cells, lathis, umbrella, raincoat, footwear, and Cycle.
(h) Smart Mobile Phone with Close User Group (CUG) Card of any suitable
company whose network coverage shall be available round the clock.

1.5 The keys/spanners/handles etc. for operation of the gates shall be handed over by
the Nigam to the agency. The same shall be returned in good condition on
completion of the agreement period.
1.6 Responsibilities of the agency shall be:
(a) Raising or lowering of gates of all the regulating structures like CR / HR /
Escapes on Distributories D-13 to D-17 and its minors as directed by
Engineer-In-Charge or his representatives through their security and gate
personnel provided at points as mentioned in above Table.
(b) He shall be fully responsible for security including patrolling round the clock
of entire Distributories D-13 to D-17 and its minors as per instruction of
Engineer-In-Charge or his authorized representative.
(c) He shall be fully responsible for security including patrolling round the clock
of all Regulating Structures and their all gates and components of gates as per
instruction of Engineer-In-Charge or his authorized representative.

85
(d) He shall be fully responsible for security round the clock on control cabins on
Distributories D-13 to D-17 and its minors as per instruction of Engineer-In-
Charge or his authorized representative.
(e) The agency shall provide the services for security and operational personnel
round the clock in three shifts in consultation with Engineer–in-Charge on
each point as mentioned in above Table of this document. Moreover, person
engaged by the agency must have sufficient knowledge to operate
smartphone with WhatsApp facility and their communications.
(f) The agency shall be responsible for maintaining the Registers for water
flowing length of all Distributories and Minors Canal on a Daily basis for 3
(three) shifts in a prescribed format approved by Engineer-In-Charge. for
operation of gate in a prescribed format approved by Engineer-In-Charge at
each regulating structure for each & every operation of gate with date & time.
(g) The agency shall be responsible for maintaining the log book for operation of
gate in a prescribed format approved by Engineer-In-Charge at each
regulating structure for each & every operation of gate with date & time.
(h) The agency shall be responsible for maintaining the instructions register at
each point in prescribed format approved by Engineer-In-Charge. The agency
shall follow the instructions written in the instructions register by Engineer-
In-Charge or his representative.
(i) The agency shall be responsible for maintaining attendance register at each
point in a prescribed format approved by Engineer-In-Charge. The attendance
register shall be verified by the concerned S.O. and it shall be produced with
monthly Bill.
(j) The cost of all types of stationary, Printed registers etc. shall be included in
the quoted rate by the agency and no separate payment shall be made for
these items.
(k) The agency shall submit a monthly report to Engineer-In-Charge apprising of
any irregularities observed and suggesting remedial measures.
(l) The agency shall submit the monthly report for the activities mentioned in (a)
to (i) of this para to concern Deputy Executive Engineer.
(m) Any damage to gates or their parts of regulating structures due to faulty
operation by their gate operator or security personal shall be responsibility
of the agency. Such damages shall be repair immediately by the agency. If they
fails, the compensation shall be levied as per para no. 1.16. The amount of
penalty of such damage shall be recovered from RA bill.

86
(n) The Agency will inform immediately with photograph any unauthorized
withdrawal of water from the canal and any damage to the canal. Any wrong
information will lead to penalty of Rs. 1000 per point.
(o) Agency shall remove all type of Algae from water flowing in the canal during
the entire irrigation season.
1.7 The following duties shall be performed satisfactorily by security and
operational personal which was approved by Engineer-In-Charge and
deployed by agency at various points as mentioned in above Table of this
document.
(a) He shall be remaining present during their duty period. In case of emergency
the substitute security and operational personal shall be provided by the
agency only after written permission of Engineer-In-Charge or his
representatives.
(b) He shall be responsible for taking Pre and post-photographs in their allocated
smart mobile phone for water level and flow of water in canal upstream and
downstream with location at their allocated point twice during their shift
period (Change of shift) or whenever asked by the Engineer-In-Charge or his
representative. After taking these photographs, immediately he shall furnish
these Pre and Post Photographs along with their location on WhatsApp to the
Engineer-In-Charge or his representatives.
(c) He shall be responsible for reporting with photographs and its location to
Engineer-In-Charge or his representatives on WhatsApp immediately if any
breach/damage/overtopping in the canal and structures occurs during their
duties period.
(d) He shall be responsible for maintaining records of water accounts on each
regulating structures in prescribed format approved by the Engineer-In-
Charge.
(e) He shall not leave their point unless and until further shift person resumes their
duties at the transition period between changes of shift.
(f) He shall be sign in the printed attendance register as approved by Engineer-In-
Charge immediately at reporting and leaving time of their duties daily.
1.8 The following duties shall be performed satisfactorily by the supervisory staff cum
irrigation clerk and for close monitoring, controlling, patrolling, collecting
irrigation demand forms, and reporting on points as mentioned in above Table of
this documents round the clock as directed by Engineer-In-Charge. The agency shall
provide these supervisory staff as mentioned in above Table 3 of this document as
approved by Engineer-In-Charge. The agency shall appoint one supervisory staff to
act as nodal for reporting to Engineer-in-Charge.
87
(a) Complete monitoring of activities performed by the security and operational
personal deployed by the agency at all the points as mentioned in above Table.
(b) To monitor and communicate unauthorized lifting of water directly from
Branch Canal and their distributaries or from regulating structures.
(c) Security and patrolling of respective canal reach as mentioned in above Table
round the clock.
(d) To remove bunds or gunny bags put across canal flow to obstruct flow of
water in Canals/structures.
(e) Reporting regarding any type of breach or damage occurred in
canals/structures immediately.
(f) As an irrigation clerk duties include:
 Preparing and maintaining irrigation records, schedules, and reports as
instructed by SSNNL representative. Processing irrigation service
requests and applications from the farmers. Managing
customer/farmer accounts, billing, and payments documents for
irrigation services with concern section officer of SSNNL. Filing and
organizing documents, permits, and contracts.
 Responding to inquiries from farmers, landowners, and the public about
irrigation services. Notifying customers of water delivery schedules and
any service interruptions. Assisting customers with service issues,
complaints, and account updates.
 Liaisoning with field staff, water controllers, to ensure proper water
delivery.
 Entering water usage data into databases and preparing usage reports.
Compiling monthly, quarterly, and annual reports on water distribution
and consumption. Monitoring water levels and usage patterns to ensure
compliance with regulations. Ensuring irrigation operations comply
with local water laws and policies. Maintaining records of water rights,
allocations, and permits. Assisting in audits and inspections of water
usage and service records. Assisting with mapping irrigation routes and
updating irrigation system records. Supporting field crews with
administrative needs during inspections or repairs.
1.9 The agency shall be fully responsible for security of the gates and regulating
structures nearby gate locations. In the case of damaged parts by any person or
stolen or thefts/Damage of parts of regulating structure, Encroachment to the
canals, the agency will be held fully (100%) responsible. The agency shall report to
Engineer-In-Charge within 24 hours of such type incident noticed. After discussion
with Engineer-In-Charge, the agency (the person who has signed the agreement)
88
shall have to file F.I.R. to concerned police station. The agency shall have to remain
present at the time of hearing in the court for the theft case. For failure to file F.I.R.
for the above work, the agency shall without prejudice to any other liability, pay to
Nigam a sum of Rupees One Thousand per day for each day of default.
1.10 In case of faulty operation of gates by any security or gate personal of agency and
water enters into a field/fields adjoining to canal reaches or its structures or
whatsoever, the agency shall be fully (100%) responsible for any case of crop
compensation. The Engineer-In-Charge shall decide the amount of such type of crop
compensation and same amount shall be paid to concern farmer against their crop
compensation. Crop compensation amount paid by such faulty operation of gates
shall be recovered from RA bill of agency. Decision of the Engineer-In-Charge in this
regards shall be final and also binding to the agency.
1.11 In case of faulty operation of gates, if there is a breach/damage take place to the
canals by overtopping of water, agency shall be fully(100%) responsible. Such
damages shall be repair immediately by the agency. If they fails the compensation
shall be levied as per para no. 1.16. The amount of compensation of such damage
shall be recovered from RA bill. The agency shall report such type of incident in
writing to the Engineer-In-Charge within 24 hours. The decision of the Engineer-In-
Charge in these regards shall be final and also binding to the agency.
1.12 The agency shall also clean and remove the debris and other waste collected in front
and around all types of regulating structures and their gates Distributories D-13 to
D-17 and its minors.
1.13 The agency shall submit a bill with copy of records maintained in the form of
Printed registers for the providing services of security and operation rendered by
them during the month and the payment of the same shall be made. The payment
of security and operational personnel deployed at points shall be made in
their bank account directly by RTGS/NEFT only by the agency and its records
shall also be furnished along with RA bill.
1.14 If agency does not provide the various facilities as mentioned in these documents,
then the amount shall be recovered as per general specification clause 4.6 from
their RA bill.

1.15 Operation of the Canal.


The canal shall be operated as per the schedule approved/decided by the Engineer
in charge including following the criteria of Raising and lowering of water level in
the Canal as per guidelines issued by SSNNL.
1.15.1 Measurement of the flow in the canal.

89
The contractor shall measure the flow at the locations decided by the Engineer-In-
Charge or his representatives with the help of a suitable method/equipment/
system.
1.15.2 Personnel, records etc. for operation
The contractor shall deploy experienced and qualified personnel for the operation
of the Canal. The deployment schedule includes the name and phone number of
persons, and the responsibility assigned to each of them three months before the
scheduled commencement of the operation period. The deployment schedule shall
give the hierarchical position of the personnel to be deployed with one Project
Manager Kind of person at the helm of the affairs for the purpose. This schedule
shall be approved by the Engineer-in-Charge. The contractor shall intimate Nigam
in advance regarding any change in the administrative hierarchy of such operation
establishment.
(1) The contractor and the personnel engaged in the operation shall be
responsible for maintaining a satisfactory working environment with
Nigam’s field staff as well as beneficiary farmers during performance of
Operation.
(2) The contractor shall keep and maintain at site, in working condition, the
equipment, articles, materials, labourers etc. required for operation of the
canal system. The Contractor shall give a list of material, equipment’s, tools
& Plant, articles etc. that he proposes to keep at site during contract. This
list shall be got approved from the Engineer-in-Charge.
(3) The contractor shall be responsible for providing security of canal system,
from being damaged, vandalized, theft etc.
(4) Record in format prescribed by the Engineer-in-Charge shall have to be
maintained up to date on site by the contractor to establish and ascertain
the effective operation, right throughout the period of Operation. The check
points for which such registers are to be maintained shall be decided by the
Engineer-in-Charge.
(5) No unauthorized use/sale of canal water shall be allowed by the contractor.
Any such occurrence shall make the contractor liable to pay compensation
at 1.5(One point five) times the penal rates in force at that point of time.
1.16 Down time and Compensation:
(1) Unscheduled closure of the canal due to any reason what so ever except due
to force majeure, will be considered as down time. Closure of canal less than
24 hours but more than 12 hours shall be counted as one day's closure. A
separate register shall be maintained to record such period. This register
shall be signed by the representative of the contractor and representative
90
of Engineer-in-Charge in token of acceptance and correctness. For down
time recorded as above, and the area that is deprived of the irrigation will
be multiplied to arrive at the quantity of Hectare-day and the compensation
of Rs. 20/- (Twenty) per ha.-day will be levied from the contractor for
closure of canal for more than 24 hours.
(2) In the above case the area to be considered is the total affected area for
which sanction is accorded by the Executive engineer/engineers.
(3) If there will be any domestic / industrial water supply and closure is more
than 24 hours, the compensation shall be levied for the 5% quantity of daily
agreed quantity of supply for the users at the current rate of water supply
for domestic / industrial use at that time. In no case the closure for more
than 3 days shall be allowed.
(4) In case the contractor fails to discharge his responsibilities under the Contract,
the Engineer-In-Charge will be fully empowered to deploy the required
man, material, machinery and equipment which he deems fit in his opinion
for the proper functioning of the canal and to make good the situation so
arisen to for proper operation, patrolling, security of the canal and
minimizing the downtime. The Engineer-In-Charge will inform in writing
the contractor or his authorized representative of his failure. The
expenditure incurred towards deployment of man, material, machinery and
equipment shall be recovered from the contractor at 1.5 (One point five)
times the actual expenditure incurred by the Engineer-In-Charge. The
contractor shall not be entitled to ask for justification of expenditure so
incurred. Such cost shall be recovered from any payment due to the
contractor, his security deposit or other dues from the Nigam.
(5) The contractor shall attend to all the damages on a war and foot basis that
may affect the water supply without any objection or argument.

1.17 Operation manual.


Man Power planning/ Labour deployment plan should be submitted by agency to
the Engineer in Charge quarterly, which has to be approved by Engineer-in-Charge.
Before approving the same Engineer in Charge should verify minimum requirement
of man power for each quarter. And agency is abide to supply more man power (if
necessary for irrigation or as per instruction from competent authority)
The contractor shall prepare an operation manual considering the scope of work
and terms and conditions of the contract and shall get approved from Engineer in
charge.

91
1.18 General
The contractor shall also provide uniform identity card to all its personnel
that may be engaged for operation work. The contractor shall also provide
lifesaving kits, small boats and torches on site. The contractor shall also
provide two wheeler and four wheeler vehicles and mobile phones to its
personnel for easy and quick communication.
If there will not be any electric connection, the contractor shall have to make
necessary arrangement for getting the electric connection from PGVCL or by
installing the generator set at his cost during operation period.
During irrigation season water is to be supplied up to Sub minor head as per
approved planning. But during period except irrigation season agency has to supply
water in Branch canal for SAUNI/Industry/Drinking purposes etc. It is
responsibility of agency to not to supply water in Distributary/Minor for that
period.

The agency shall be prevent to enter in canal and removing of Algae coming with
water or produce in canal for Distributaries and minors of Dhrangadhra Branch
Canal during irrigation season in following canals as directed by Engineer-In-
Charge. He shall keep the canal networks and all structures free of algae day and
night during whole irrigation season.
(a) The agency shall be removing of Algae from all types regulating structures on D-13
to D-17 distributaries & its Minors of Dhrangadhra Branch Canal during the period
of agreement as directed by Engineer-In-Charge.
(b) The agency shall be carried out algae removal manually or using machinery on
regular basis in such a way that no damage shall occur to canal. If any damage occurs
to canal, the agency shall repair the same without any extra payment.
(c) If an agency shall be fail to remove algae from canal, and due to this overtopping of
canals occurs and If any damage occurs to canal, the agency shall repair the same
without any extra payment and due to this overtopping of canals the agency shall
be fully (100%) responsible for any case of crop compensation. The Engineer-In-
Charge shall decide the amount of such type of crop compensation and same
amount shall be paid to concern farmer against their crop compensation. Crop
compensation amount paid to farmer shall be recovered from RA bill of agency.
Decision of the Engineer-In-Charge in this regards shall be final and also binding to
the agency.
(d) In case of failure of removing algae from canal, if there is a breach/damage take
place to the canals by overtopping of water, agency shall be fully(100%)
responsible. Such damages shall be repair immediately by the agency. If they fails
the compensation shall be levied as per para no. 1.16. The amount of compensation
92
of such damage shall be recovered from RA bill. The agency shall report such type
of incident in writing to the Engineer-In-Charge within 24 hours. Decision of the
Engineer-In-Charge in these regards shall be final and also binding to the agency.
(e) The algae shall be removed as per directed by engineer in charge.

The decision of Engineer-in-charge shall be final.

1.19 Mode of Measurement and Payment (Item No. 1):


Payment is to be made on Per Points per Days base with respect to water distribution as
approved rate of B.O.Q. For which planning of the distribution of water should be finalized
by Engineer in Charge before starting of each irrigation season.

The Contractor has to give daily reports as per General specifications. The unit Per Points
per Days for this contract shall be defined as water flown length of the canal for one day
consisting of 24 hrs (0 to 24 hrs) in three shifts. The mode of payment shall be as per
General specifications.

Item No: 2
Providing continuous patrolling on canal, vigilant inspection of canal during non-
Irrigation season including security of structures, cleaning of blockage in surface
drain as directed, cleaning of waste collected near HR/CR/Escape gate/structure,
supply of communication system to all gate operator of command area.
The agency shall be deploy unit as per below annexure.

Annexure of control point

Control
Control
Off taking Point for
Point for
Sr no Name of Canal Chainage Non-
irrigation
in M Irrigation
period
period

Jasmatpur Distry D-13


1 Juna Ganshyamgarh minor- III 2651
2 Jasmatpur minor 4294
1
3 Satapar minor 4294
4 Satapar Branch Minor 1518 1
1 Jasmatpur Distry D-13 51810
Kankavati Direct Minor (D-14)
1
1 D-14 Kankavati Mr. 53999
2 Kankavati Br. Mr. 15
93
Ranmalpur Distry (D-15)
1 Ghandad Mr. -I 660
2 Kankavati Mr.-I 40
1
3 Kankavati Mr. -II 1772
2 Ghandad Mr. -II 3165
1 Ranmalpur Distry (D-15) 59827 1
1
Mangalpur Direct Minor (D-16)
1 Mangalpur minor (D-16) 64683
2 Mangalpur Br Minor-1 29
1
3 Mangalpur Br Minor-2 1610
4 Mangalpur Br Minor-3 2424
Malaniyad Distry (D-17)
1 Vegadvav Mr. -II 3190
2 Vegadvav Mr. -III 5310
1
4 Vegadvav Mr.-IV 6358
5 Vegadvav Br. Mr.IV 378
6 Isanpur Mr. 8487
7 Isanpur Br. Mr. 1798 1 1
8 Malniyad Mr. 8487
3 Mangalpur Mr. 5310
9 Ghanad Mr. 8385 1
10 Ghanad Br. Mr. 2637
Malaniyad Distry (D-17) 71979 1

2.1 The agency shall be deploy Persons along with bike with GPS fitted in it for each unit as
mentioned above.
2.2 The agency shall be fully responsible for security round the clock on distributaries &
minors of Dhrangadhra Branch Canal as per instruction of Engineer-In-Charge or his
authorized representative.
2.3 The agency shall be fully responsible for security of the gates and regulating structures
of distributories & minors.
2.4 The agency shall be fully responsible for any type of damage occurred in canals by any
person. If any damage / theft occurs in canal, the agency shall repair / replace the
same without any extra payment.
2.5 The measurement shall be recorded as per direction of engineer in charge.
2.6 The agency shall be fully responsible for security of the gates and regulating structures
nearby gate locations. In the case of damaged parts by any person or stolen or thefts
of parts of regulating structure and damaged to the canals, the agency will be held
fully (100%) responsible. The agency shall report to Engineer-In-Charge within 24
hours of such type incident noticed. After discussion with Engineer-In-Charge, the
agency (the person who has signed the agreement) shall have to file F.I.R. to
concerned police station. The agency shall have to remain present at the time of
hearing in the court for the theft case. For failure to file F.I.R. for the above work,

94
the agency shall without prejudice to any other liability, pay to Nigam a sum of
Rupees One Thousand per day for each day of default.
2.7 The agency shall submit a logbook of bike of each unit every month during non
irrigation period.
2.8 The agency shall submit theft or damage to the SSNNL property report on whats App
group on daily basis. In case of any kind of theft or damage to the SSNNL property
happened, agency shall informed telephonic to SSNNL staff immediately and agency
shall submit hard copy of report to Engineer in charge on next day.
2.9 During the inspection, if no service or lack of service for non-working of Unit will be
found, service provider shall be liable for the same and Penalty of Rs. 2000/- (Two
Thousand Rupees) Per Unit Per Day shall be imposed. The decision of Engineer-in-
charge shall be final.

2.10 Mode of Measurement and payment (Item No. 2):


Payment is to be made on Per Points per Days base with respect to continues
patrolling & security round the clock as approved rate of B.O.Q. For which planning
of the continuous patrolling & security round the clock should be finalized by
Engineer in Charge before starting of each irrigation season.

The Contractor has to give daily reports as per General specifications. The unit Per
Points per Days for this contract shall be defined as continues patrolling & security
round the clock of the canal for one day consisting of 24 hrs (0 to 24 hrs) in three
shifts. The mode of payment shall be as per General specifications.

95
SECTION - 6
FORM OF BID

96
FORM OF BID

Description of the Works:

-------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

BID

To :

Address :

1. We offer to execute the Works described above and remedy any defects therein in
conformity with the conditions of Contract, specification, drawings, Bill of Quantities
and Addenda for the sum (s)of

(------------------------------------------------------------------------------------------------------)

2. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably


possible after the receipt of the Engineer’s notice to commence, and to complete the
whole of the Works in the Contact within the time stated in the document.

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for
receiving the same, and it shall remain binding upon it and may be accepted at any
time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may
receive.

Dated this------------------------- day of ----------------------------------- 20

Signature ----------------------------------------------- in the capacity of ---------------------

------- duly authorized to sign bids for and on behalf of -----------------------------------

-------------

(in block capitals or typed)

97
Address

Witness

Address

Occupation

98
SECTION - 7
BILL OF QUANTITIES

99
BILL OF QUANTITIES

Preamble

1. The bill of Quantities shall be read in conjunction with the Instructions to Bidder,
Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the
actual quantities of work ordered and carried out, as measured by the Contractor
and verified by the Engineer and valued at the rates and prices tendered in the
priced Bill of Quantities, where applicable, and otherwise at such rates and prices
as the Engineer may fix within the terms of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far
as it is otherwise provided under the Contract, include all constructional plant,
layout, supervision, materials, erection, maintenance, insurance, profit, taxes and
duties, together with all general risks, liabilities and obligations set out or implied
in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities, whether
quantities are stated or not. The cost of Items against which Contractor has failed
to enter a rate or price shall be deemed to be covered by other rates and prices
entered in the Bill of Quantities (in case of Item rate contract).

6. The whole cost of complying with the provisions of the Contract shall be included
in the items provided in the priced Bill of Quantities, and where no Items are
provided the cost shall be deemed to be distributed among the rates and prices
entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily
repeated or summarized in the Bill of Quantities. References to the relevant
sections of the contract documentation shall be made before entering rates or
prices against each item in the Bill of Quantities.

8. The method of completed work of payment shall be in accordance with the


specification for Canal Road and Bridge works. For building works specifications
for building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant to
Clause 29 of the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required
blasting, or the use of metal wedges and sledgehammers, or the use of compressed
air drilling for its removal, and which cannot be extracted by ripping with a tractor
of at least 150 kw with a single rear mounted heavy duty ripper.

100
BILL OF QUANTITIES

(A) Percentage Rate Tender (Up to INR 50Cr.)

Item Description of item (with brief Qty Unit Rate Amount


No specification and reference to book
of specifications)
1 2 3 4 5 6
Providing continuous patrolling on
canal, Removing algae, measuring
irrigation area, operation, maintain
discharge throughout the length of canal
and vigilant inspection of canal during
Irrigation season including security of Per Points
1 4914.00 2730.00 13415220.00
structures, cleaning of blockage in per Days
surface drain as directed, cleaning of
waste collected near HR/CR/Escape
gate/structure, supply of
communication system to all gate
operator of command area.
Providing continuous patrolling on
canal, vigilant inspection of canal during
non-Irrigation season including security
of structures, cleaning of blockage in
Per Points
2 surface drain as directed, cleaning of 552.00 746.00 411792.00
per Days
waste collected near HR/CR/Escape
gate/structure, supply of
communication system to all gate
operator of command area.
Total Rs:- 1,38,27,012.00

I/We am/are willing to carry out the work at…...................... % above /below percent (Should
be written in figures and words) of the estimated rate mentioned above. Amount of my /our
tender works out as under.

Estimated amount put to tender Estimated amount put to tender


Deduct……… % below Add……… % Above
Net Net
In words In words

101
Note:-

1. This tender is floated with fix price range policy.


2. The minimum service charge above minimum Labour wages as per labour act is fixed as 3.85%
3. Such Charge should not exceed 7% in any case
4. The Rate of Service Charges (Contractor profit and overhead charges) shall be between 3.85%
to 7% (including 3.85% & 7%).
5. The tender having the quoted rate for service charges (Contractor profit and overhead charges)
above 7% or less than 3.85% shall be rejected.
6. Above mentioned amount per unit is including EPF, ESI, Miscellaneous provision and & all taxes
except GST.
7. Service charges means the C.P. & O.H. charges.
8. Rate shall be quoted inclusive of all taxes except GST.
9. The Employer (SSNNL) reserves all rights to approve the Tender of the successful bidder in
case of more than one bids comes out to be of same quoted price. If more than one
bidder/bidders /agency, quoted amount is/are same, then the successful bidder / agency may
be decided by auto draw system on N-Procure. This method of finalizing the successful bidder
will be bound to all the bidders who are standing as L1 bidder and no objection / suggestion
will be entertained.

(B) For Item RateTender (For above INR 50 Cr.):

Item Description of Item(with Quantity Unit Rate Amount


No brief specification and
reference to book of Infigur InWor
specifications) es ds

(A) Total Tendered Amount


(B) Rebate on above tendered amount (if any)%(in figure)………………………
(inwords)………………………………………………….………………………………
………………...
(C) Net Tendered Amount (A-B) (in figure)………………………………
(inwords)………………………………………………….………………………………
………………...

#
1 The Contractor shall exhibit a board with detailed specification and details of work as
directed by the Engineer-In-Charge for which no extra payment shall be made.
2 The labour cess will be deducted as per prevailing rules i.e. 1% of the work done.
3 GST and Income tax TDS will be deducted at a source while making payments of bills
4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per
vernacular office letter no. 04 of 2024, Dt. 20/01/2024 of The Chief Engineer, Quality
Control (SSNNL) as stated in S.O.R. there fore in R.C.C. items where there is a change as per
actual mix design the cost of difference of cement consumption have been deducted from the
rate of original item at the rate of input rate (i.e. 5234.00 rs / MT) mentioned in all the tender

102
SECTION - 8
SECURITIES AND OTHER FORMS

103
BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called the


“The Bidder”) has submitted his bid Dated ------------------------ (Date) for the
construction of ------------- (Name of Contractor hereinafter called “the Bid”

KNOW ALL PEOPLE by these presents that We -------------------------------------------------


(name of Bank) of ----------------------------------------------- (name of country) having our
registered office at -------------------------------------------------------(hereinafter called “the
bank”) are bound unto--------------------------------------------(name of Employer) (hereinafter
called “The Employer”) in the sum of ------------------------------------------- * for which
payment well and truly to be made to the said Employer the Bank itself, his successors and
assigns by these presents. SEALED with the Common Seal of the said Bank this --------------
--------day of 20

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified in the Form of Bid;
Or

(2) If the Bidder has been notified of the acceptance of his bid by the Employer during
the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the


Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the


Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause 27
(Correction of Errors)

We undertake to pay to the Employer up to the above amount upon


receipt of his first written demand, without the employer having to substantiate
his demand, provided that in his demand the Employer will note that theamount
claimed by him is due to him owing to the occurrence of one or any of the three
conditions, specifying the occurred conditions or conditions.

104
This Guarantee will remain in force up to and including the date ------------------- **
days after the deadline for submission of Bids as such the deadline is stated in the
Instructions to Bidders or as it may be extended by the Employer, notice of which
extension (s) to the Bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not later than the above date

DATE--------------------------------------- SIGNATURE------------------------------

WITNESS--------------------------------- SEAL--------------------------------------

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in
Clause 16.1(Bid Security) of the Instructions to Bidders.

**45 days after the end of the validity period of the Bid. Date should be
inserted by the Employer before the Bidding documents are issued.

105
PERFORMANCE SECURITY

TO,
------------------------------------------------------------------ (Name of Employer)
------------------------------------------------------------------- (Address of Employer)
-------------------------------------------------------------------

WHEREAS -----------------------------------------------------------(name and address of


contractor) (hereafter called “the Contractor”)has undertaken, in pursuance of
Contracts No. -------------------------dates --------------------------to execute ----------------- ---
------ (name of Contract and brief description of Works) (hereinafter called “The
Contract”)

AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for the
sum specified therein as security for compliance with his obligation in accordance
with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of ------------------------------------------
(amount of guarantee)* ----------------------------- (in words), such sum being payable
in types and proportions of currencies in which the Contract prices is payable, and
we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of ----------------------------------------
(amount of guarantee) as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the
contractor before presenting is with the demand.

We further agree that no change or addition to or other modification of the terms


of the Contract to of the Works to be performed thereunder or of any of the Contract
documents which may be made between your and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of
any such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of the
Defect Liabilities period.

Signature and Seal of the guarantor -----------------------------

Name of Bank -----------------------------------------------

Address ------------------------------------------------
Date ---------------------------------------------------

*An amount shall be inserted by the Guarantor, representing the percentage the
Contract price specified in the Contract denominated in Indian Rupees.

106
ADDITIONAL PERFORMANCE SECURITY
[Clause 34.1.(A)]

TO,
------------------------------------------------------------------ (Name of Employer)
------------------------------------------------------------------- (Address of Employer)
-------------------------------------------------------------------

WHEREAS -----------------------------------------------------------(Name and address of


contractor) (hereafter called “The Contractor”) has undertaken, in pursuance of
Contracts No. -------------------------dates --------------------------to execute ----------------
(Name of Contract and brief description of Works) (hereinafter called “The Contract”)

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligation in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of------------------------------------------
(amount of guarantee) ----------------------------- (in words), such sum being payable
in types and proportions of currencies in which the Contract prices is payable, and
we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of ----------------------------------------
(amount of guarantee) as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the
contractor before presenting is with the demand

We further agree that no change or addition to or other modification of the terms


of the Contract to of the Works to be performed thereunder or of any of the Contract
documents which may be made between your and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of
any such charge, addition or modifications.

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor -----------------------------

Name of Bank -----------------------------------------------

Address ------------------------------------------------

Date ---------------------------------------------------

107
BANK GUARANTEE FOR ADVANCE PAYMENT

TO,

-------------------------------------------------------------------------------- (Name of Employer)

--------------------------------------------------------------------------------(Address of Employer)

-------------------------------------------------------------------------------- (Name of Contractor)

Gentlemen:

In accordance with the provisions of the Conditions of Contract, sub-clause


51.1 (“Advance Payment”) of the above mentioned Contract,-------------------------------
------------------- (name and address of Contractor) (hereinafter called “the
Contractor”) shall deposit with __________________ _____________________________(name of
Employer) a bank guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of --------------------------- (amount of Guarantee)*-
------------------------------------in words).
We, the --------------------------------- (bank of financial institution), as instructed
by the Contractor, agree unconditionally and irrevocably to guarantee as primary
obligator and not as Surety merely, the payment to----------------------------------------
(name of Employer)on his first demand without whatsoever right of obligation on our
part and without his first claim to the Contractor,in the amount not exceeding --- ------
----------------(amount of guarantee)* words)
We further agree that no change or addition to or other modifications of the
terms of the Contractor or Works to be performed thereunder or of any of the Contract
documents which may be made between---------------------------------(name of Employer)
and the Contractor, shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modifications.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until -------------------------------------- (name of employer)
receives full repayment of the same amount from the contractor.

YOUR’S TRULY

Signature and Seal


Name of Bank/Financial Institution
Address
Date

* An amount shall be inserted by that Bank or Financial Institution representing the


amount of the Advance Payment, and denominated in Indian Rupees.

108
Letter of Acceptance
(Letter head paper of the Employer)

(Date)
To,
(Name and address of the Contractor)

Dear Sirs,

This is to notify you that your Bid dated for execution of


the (Name of the contract and identification number, as given
in the Instructions to Bidders)for the Contract Price of Rupees ( ) (amount
in words and figures) as corrected and modified in accordance with the Instructions
to Bidders* is hereby accepted by our agency.
You are requested to furnish performance security, in the form detailed in para
34.1 of ITB for an amount equivalent to Rs. ______within 10 days of the receipt of
this letter of acceptance up to beyond 60 days from the date of expiry of defects
Liability period i.e., upto and the Additional Performance Security for an
amount equivalent to Rs. shall be valid beyond 28 (twenty-eight) days of
Project Completion Date i.e., upto and sign the contract, failing which action as
stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorized Signature
Name and title of Signatory
Name of Employer

* Delete “Corrected and” or and modified if only one of these actions applies. Delete as
corrected and modified in accordance with the Instructions to Bidders, if corrections or
modifications have not been affected.

109
Issue of Notice to proceed with the work
(Letterhead of the Employer)

------------------------------- (date)
To,

(Name and address of the Contractor)

Dear Sirs,

Pursuant to your furnishing the requisite security in ITB Clause 34.1 and
signing of the Contract for the construction of at a
bid Price of Rs. .

You are hereby instructed to proceed with the execution of the said works in
accordance with the contract documents.

Yours faithfully

(Signature, name and title of signatory authorized


To sign on behalf of Employer)

110
AGREEMENT FORM

This agreement, made on the Day of Between

_ (name and address of Employer) (Hereinafter called “the


Employer) and ____________________________________(name and address of contractor)
hereinafter called “the Contractor” of the other part.

Whereas the Employer is desirous that the Contractor execute

Name and identification number of contract (herein after called “the works”) and the
employer has accepted the Bid by the Contractor for the execution and completion of
such works and the remedying of any defects therein, at a cost of Rs.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to
and they shall be deemed to form and be read construed as part of this Agreement.

2. In Consideration of the payment to be made by the Employer to the contractor as


hereinafter mentioned, the Contractor hereby covenants with the Employer to
executive and complete the works and remedy any defects therein in conformity
in all aspects with the provisions of the contracts.

3. The employer hereby covenants to pay the Contractor in consideration of the


execution and completion of the works and the remedying the defects wherein
contract price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the contract.

4. The Following documents shall be deemed to form and be ready and construed as
part of this Agreement viz

i) letter of Acceptance
ii ) Notice to proceed with the works:
iii ) Contractor’s Bid

111
iv ) Conditions of contract: General and Special
v) Contract Data
vi) Additional conditions
vii ) Drawings
viii ) Bill of Quantities and
ix ) Any other documents listed in the Contract
data as forming part of the Contract.

In witness where of the parties there to have caused this Agreement to be


executed the day and year first before written

The Common seal of


Was hereunto affixed in the presence of:

Signed, sealed and Delivered by the said

In the presence of

Binding signature of Employer

Binding Signature of Contractor

112
UNDERTAKING
(For Investment)

I, the undersigned do hereby undertake that our firm M/s


…………………………………………………..……………………………….. Would invest minimum cash up
to 25% of the value of the work during implementation of the contract.

_
(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

DATE

113
UNDERTAKING
(For Validity)

I, the undersigned do hereby undertake that our firm


M/s…………………………………………………..……………………………….. agree to abide by this
bid for a period ……………………days for date fixed for receiving the same and it shall
be binding on us and may be accepted at any time before the expiration of that period.

_
(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

DATE

114
SECTION- 9
DRAWINGS

115
SECTION- 10
DOCUMENTS TO BE FURNISHED BY BIDDER

116
DOCUMENTS TO BE FURNISHED BY BIDDER
Section-10
Documents to be furnished by the Bidder

(A) Minimum requirements for the evaluation of preliminary stage:


➢ Tender Fee
➢ EMD or Valid Exemption Certificate of Appropriate Class of Registration of
Approved Contractors.
➢ Registration Certificate of Appropriate Class
➢ GST Registration Certificate
➢ PAN
➢ Valid Security Service License

Note:
Tender Fee, EMD or Exemption Certificate and Registration Certificate shall be
uploaded electronically as prescribed in tender document, otherwise bid shall be
treated as non-responsive.

(B) Minimum requirements for the evaluation of Financial Stage:

➢ Form of Bid as specified in Section-6


➢ Annual Financial Turnover Certificate for last 5 years as per format prescribed as
Form-E in Qualification Information certified by CA.
➢ For Value of B in Bid capacity, bidder must submit online a self-certified copy of
statement for existing commitments and ongoing works in prescribed format

NOTE:

• If necessary, DTP Approving Authority may add any other document in the above list as
per the requirement/ scope of the work.
• Prior Approval from the Competent Authority of SSNNL, must be taken for any type of
deviation in the Approved Standard Bidding Document, if required.

117

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