Government of Jharkhand

Road Construction Department

Bidding Document
For

Road Connectivity Project for Left Wing Extremism Affected Areas

(RCPLWEA) (Batch-1) in LWE Districts of Jharkhand
Under
Pradhan Mantri Gram Sadak Yojana
(PMGSY)

For
Construction & Maintenance
of Bridges in Jharkhand

Tender Ref. No. : RCD/CE(COMM)/14/2018-19 (2nd Call)

Package No. – RCPLWEA / BRIDGE / 11
District : LOHARDAGA.
Block : SENHA AND LOHARDAGA SADAR
Estimated Cost : 1229.47065 Lakhs

Name of Road Division : LOHARDAGA.

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 TABLE OF CONTENTS

Standard Bidding Document for PMGSY for

Construction and Maintenance

Section Description Page

Section I List of Dates, Press Notice, NIT 3

Section II Instruction to Bidders & Appendix to ITB 8
Section III Qualification Information 31
Section IV 35
Part I General Conditions of Contract 35
Contract Data
Appendix to Part I - General Conditions of Contract
Part II Special Conditions of Contract 66
Section V Specifications 69
Section VI Form of Bid 71
Section VII Bill of Quantities 72
Section VIII Standard Forms, Form of Acceptance, 74
Abbreviations 85
Declaration of the Contractor 86
Decisions on Checklist for preparing Bidding Documents 87

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 SECTION 1

List of Important Dates of Bids

S.No. Name of Work : H.L. Bridge over Koyal River in Bhandra-

Baxidipa-Senha Road and H.L. Bridge
over Shankh River in 2nd KM of Patratoli to
Manho Road.

1 Completion period for construction 18 Months

5 (five) years after the date of

2 Maintenance period
Completion of construction.

Online through
3 Mode of Submission of tender
www.pmgsytendersjhr.gov.in

Start Date : 20.06.2018 Time: 10.30 AM

4 Period downloading of Bidding
End Date : 27.06.2018 Time: 5.00 PM

5 Seeking Clarification Upto 25.04.2018 Time: 2.00 PM

6 Pre-bid meeting Date

Start Date : 20.06.2018 Time: 10.30 AM

7 Bids online Submission
End Date : 27.06.2018 Time: 5.00 PM

8 Technical Bid Opening Date Date : 29.06.2018 Time: 5.00 PM

Officer Inviting Bids Chief Engineer (Communication), Road
Construction Department, Jharkhand, Ranchi
Address : 1st Floor, Engineer’s Hostel No.-02,
Dhurwa, Ranchi-834004

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4
5
 SECTION 2
Instructions to Bidders
Detailed instructions & documents to be furnished for online bidding

1. The guidelines to submit bid online can be downloaded from

website
“http://pmgsytendersjhr.gov.in”.

2. The interested bidders can download the bid from the

website
“http://pmgsytendersjhr.gov.in”

3. To participate in bidding process, bidders have to get ‘Digital Signature Certificate

(DSC)’ as per Information Technology Act-2000 to participate in online bidding. This
certificate will be required for digitally signing the bid. Bidders can get above mention
digital signature certificate from any approved vendors (CCA). Bidders, who already
possess valid Digital Certificates, need not to procure new Digital Certificate.

4. The bidders have to submit their bids online in electronic format with digital Signature.
The bids without digital signature will not be accepted. No proposal will be accepted in
physical form.

5. Bids will be opened online as per time schedule mentioned.

6. Bidders should get ready with the scanned copies of cost of documents & EMD as
specified in the tender document. Before submission of online bids, bidders must
ensure that scanned copy of all the necessary documents have been attached with bid.

7. Bidder have to produce the original D.D. towards tender fee & EMD in approved
form to the authority “Chief Engineer (Communication), RCD, Jharkhand,
Ranchi” o n the date & time as mentioned in the NIT failing which bidder will be
disqualified. The details of cost of documents, EMD specified in the tender documents
should be the same as submitted online (scanned copies) otherwise tender will summarily
be rejected.

8. Uploaded documents of valid successful bidders will be verified with the original
before signing the agreement. The valid successful bidder has to provide the originals to
the concerned authority.

i. The department will not be responsible for delay in online submission due to any
reason.

9. All the required information for bid must be filled and submitted online.

10. Other details can be seen in the bidding documents.

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 B. Details of documents to be furnished for online bidding

1. Scanned copies of the following documents to be up-loaded in .pdf format on the website

http://pmgsytendersjhr.gov.in.

i. D. D. towards Tender fee

ii. Duly pledged EMD
iii. GST Registration Certificate
iv. PAN Card
v. Registration certificate

vi. Evidence of access to line of credit

vii. Affidavit regarding correctness of information furnished by bidder in the bid.

viii. Affidavit regarding no relation certificate
ix. Annual Turnover Certificate from Chartered Accountant for last five financial years
forms with breakup of Civil works & total works each financial years.
x. Power of attorney submitted of required (Registered & validity)

xi. Details of Laboratory equipment.

xii. Bid Capacity
xiv. Undertaking of bidder that he/she is able to invest minimum cash upto the 10% as defined in ITB

xv. Information regarding retired officer in his employment.

xvi. Undertaking for validity of bid for 120 days.
2. Scanned Copies of the Certificates showing details of similar nature of works, work in
hand and machineries owned or possessed on hire as per the enclosed formats should be uploaded
after converting the same to .pdf format.

i. Format-I: Similar nature of works executed (Clause 1.3.1 of Section III)

ii. Format-II: Work in hand & bids already submitted (Clause 1.3.2 (A) Clause 1.3.2 B Section-III)

iii. Format-III: Machineries owned / brought on hire. (Clause 1.4 of Section III)

iv. Format-IV :Details information of technical staff deployed. (Clause 1.5 of Section III)

v. Format-V: Proposed Sub contractors. (Clause 1.6 Section III)

vi. Format-VI; Information or current litigation or arbitration. (Clause1.10 Section III)

(The details of the Format is enclosed in section 3 of SBD)

3. Duly filled in & Digitally signed BOQ.

4. Uploaded documents of valid successful bidders will be verified with the original before signing the
agreement. The valid successful bidder has to provide the originals to the concerned authority on receipt
of such letter, which will be sent though registered post.

5. SBD is not to be uploaded by the bidder. The bidder has to give affidavit stating agree / disagree
on the conditions in the SBD. The bidder who disagree on the conditions of SBD, can not participate in
the tender.

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 SECTION II : INSTRUCTIONS TO BIDDERS

Table of Clauses
Clause A. General Clause D. Submission of Bids

1 Scope of Bid 20 Deadline for Submission of Bids

2 Source of Funds 21 Late Bids

3 Eligible Bidders E. Bid Opening

4 Qualification of the Bidder 22 Bid Opening

5 One Bid per Bidder 23 Process to be Confidential

6 Cost of Bidding 24 Clarification of Bids and

Contracting the Employer

7 Site Visit 25 Examination of bids and

Determination of Responsiveness

B. Bidding Documents and 26 Correction of Errors

Evaluation
8 Content of Bidding Documents 27 Evaluation and Comparison of Bids

9 Clarification of Bidding Documents 28 Preference for Domestic Bidders

10 Amendment of Bidding Documents F. Award of Contract

C. Preparation of Bids 29 Award Criteria

11 Language of Bid 30 Employer's Right to Accept any Bid and to Reject any

12 Documents Comprising the Bid 31 Notification of Award

13 Bid Prices 32 Performance Security

14 Currencies of Bid and Payment 33 Advances

15 Bid Validity 34 Corrupt or Fraudulent Practices

16 Earnest Money

17 Alternative Proposals by Bidders

18 Format and Signing of Bid

19 Sealing and Marking of Bids

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 SECTION - II
Instructions to Bidders (ITB)

A. General

1 Scope of Bid

1.1 The Employer as defined in the Appendix to ITB invites bids for the construction of
Works and their maintenance for five years, as described in these documents and
referred to as "the works". The name and identification number of the works is provided
in the Appendix to ITB. The bidders may submit bids for any or all of the works
detailed in the table given in the Notice Inviting Tender. Bid for each work should be
submitted separately.

1.2 The successful Bidder will be expected to complete the Works by the Intended
Completion Date specified in the Par t I - General Conditions of Contract and do the
routine maintenance of roads for five years from the date of completion.

1.3 Throughout these documents, the terms "bid" and "tender" and their derivatives
(Bidder/ tenderer, bid/ tender, bidding/ tendering,) are synonymous.

2 Source of Funds

2.1 The Government of the State as defined in the Appendix to ITB has decided to
undertake the works of construction and up-gradation of selected rural roads of the
State through funds received under Pradhan Mantri Gram Sadak Yojana, from the
Government of India, Ministry of Rural Development, and other sources to be
implemented through the Employer.

2.2 The Government of the Jharkhand has decided to provide funds for the routine
maintenance of the roads.

3 Eligible Bidders

3.1 This Invitation for Bids is open to all bidders meeting the eligibility criteria as defined
in the Appendix to ITB.

3.2 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent
practices by the Central Government, the State Government or any public
undertaking, autonomous body, authority by whatever name called under the Central
or the State Government.

4 Qualification of the Bidder

4.1 All bidders shall provide in Section 3, Forms of Bid and Qualification information, a
preliminary description of the proposed work method and schedule, including drawings
and charts, as necessary.
4.2 All bidders shall include the following information and documents with their bids in
Section 3, Qualification Information unless otherwise stated in the Appendix to ITB:
a) Copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Bidder;
b) total monetary value of civil construction works performed for each of the last five

9
 years;
c) experience in works of a similar nature and size for each of the last five years, and
details of works in progress or contractually committed with certificates from the
concerned officer of the rank of Nodal Executive Engineer or equivalent;
d) Evidence of ownership of major items of construction equipment named in Clause
4.4 B (b) (i) of ITB or evidence of arrangement of possessing them on hire/
Lease/buying as defined therein.
e) Details of the technical personnel proposed to be employed for the Contract having
the qualifications defined in Clause 4.4 B (b) (ii) of ITB for the construction.
f) reports on the financial standing of the Bidder, such as profit and loss statements and
auditor's reports for the past three years;
g) an undertaking that the bidder will be able to invest a minimum of cash up to the
percentage (defined in the Appendix to ITB) of the contract price of works, during the
implementation of the works;
h) Evidence of access to line(s) of credit and availability of other financial resources/
facilities (10 percent of the contract value) certified by banker (the certificate being
not more than 3 months old.)
i) Authority to seek references from the Bidder's bankers;
j) information regarding any litigation or arbitration during the last five years in which
the Bidder is involved, the parties concerned, the disputed amount, and the matter;
k) proposals for subcontracting the components of the Works for construction/ up-
gradation, aggregating to not more than 25 percent of the Contract Price and if
amount put to bid is Rs. 5 Crore and above, subcontracting of part / full routine
maintenance of roads after completion of construction work if any
l) the proposed methodology and programme of construction, backed with
equipment and material planning and deployment, duly supported with broad
calculations and Quality Management Plan proposed to be adopted, justifying their
capability of execution and completion of the work as per technical
specifications and within the stipulated period of completion.

4.3 Bids from joint venture are not allowed.

4.4.A To qualify for award of the Contract, each bidder should have in the last five years:
a) Achieved in any one year, a minimum financial turnover (as certified by Chartered
Accountant, and at least 50% of which is from civil engineering construction
works) equivalent to amount given below :

(i) 60% of amount put to bid, in case the amount put to bid is Rs. 200 Lakh and
less.
(ii) 75% of amount put to bid, in case the amount put to bid is more than Rs. 200
Lakh.
"The amount put to bid above would not include maintenance cost for 5 years
and the turnover will be indexed at the rate of 8% for a year"

If the bidder has executed road works under Pradhan Mantri Gram Sadak Yojana
in originally stipulated completion period, the financial turnover achieved on
account of execution of road works under PMGSY shall be counted as 120%
for the purpose of this sub-clause.
In Naxal / Left Wing Extremist affected districts, the figure of 60 % and 75 % I n( i)
and (ii) above would be replaced by 50 %.
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 b) Satisfactorily completed, as prime Contractor or sub-contractor, at least one similar work
equal in value to one third (One- fourth in case of Naxal / LWE affected districts)
of the estimated cost of work (excluding maintenance cost for five years) for which
the bid is invited, or such higher amount as may be specified in the Appendix to ITB.
The value of road work completed by the bidder under Pradhan Mantri Gram Sadak
Yojana in originally stipulated period of completion shall be counted as 120% for the
purpose of the Sub-Clause."
4.4.B (a) Each bidder must produce:
i) Copy of PAN card issued by Income Tax Authorities;
ii) An affidavit that the information furnished with the bid documents is correct in all
respects; and
iii) Such other certificates as defined in the Appendix to ITB. Failure to produce the
certificates shall make the bid non-responsive.
(b) Each bidder must demonstrate:
i) availability for construction work, either owned, or on lease or on hire, of the key
equipment stated in the Appendix to ITB including equipments required for
establishing field laboratory to perform mandatory tests, and those stated in the
Appendix to ITB;
ii) Availability for construction work of technical personnel as stated in the Appendix to
ITB.

iii) Liquid assets and/or credit facilities, net of other contractual commitments and
exclusive of any advance payments which may be made under the Contract, of not less
than the amount specified in the Appendix to ITB; [10% of the contract amount on
bank letter head in the prescribed format].
(c) The bidder must not have in his employment:
i) The near relations (defined as first blood relations, and their spouses, of the bidder
or the bidder's spouse) of persons listed in the Appendix to ITB.
ii) Without Government permission, any person who retired as gazette officer within
the last two years of the rank and from the departments listed in the Appendix to
ITB.

4.4.C To qualify for a package of contracts made up of this and other contracts for which bids are
invited in the Notice Inviting Tender, the bidder must demonstrate having experience and
resources sufficient to meet the aggregate of the qualifying criteria for the individual
contracts.
4.5 If the bidder is a prime contractor, Sub-Contractors' experience and resources shall not be
taken into account in determining the bidder's compliance with the qualifying criteria
except to the extent stated in 4.4.A above.

4.6 Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity for construction work is equal to or more than the total bid value. The available
bid capacity will be calculated as under:

Assessed Available Bid capacity = [ ( A x N x M) - B ]

where

A= Maximum value of civil engineering works executed in any one year during the last
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 five years (updated to the price level of the last year at the rate of 8 percent a year) taking
into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which bids are invited
(period up to 6 months to be taken as half-year and more than 6 months as one year).

M = 2.5
B = Value, at the current price level, of existing commitments and on-going works to be
completed during the period of completion of the works for which bids are invited.

Note : The statements showing the value of existing commitments and on-going works as well
as the stipulated period of completion remaining for each of the works listed should be
countersigned by the Engineer in charge, not below the rank of an Nodal Executive
Engineer or equivalent.

4.7 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:

i) made misleading or false representations in the forms, statements, affidavits and

attachments submitted in proof of the qualification requirements; and/or
ii) Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history, or
financial failures
iii) Participated in the previous bidding for the same work and had quoted
unreasonably high or low bid prices and could not furnish rational justification for it
to the Employer.
5 One Bid per Bidder
5.1 Each Bidder shall submit only one Bid for one work. A Bidder who submits more than
one Bid will cause 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 or liable for those costs.

7 Site Visit
7.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and
familiarise himself with the Site of Works and its surroundings including source of
earth, water, road aggregates 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. He may contact the person
whose contact details are given in the Appendix to ITB.
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 of ITB.
1. Notice Inviting Tender
2. Instructions to Bidders
3. Qualification Information

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 4. Conditions of Contract
(Part-I - General Conditions of Contract, and Contract Data; Part-II - Special
Conditions of Contract)

5. Specifications

6. Drawings
7. Bill of Quantities
8. Form of Bid
9. Form of Acceptance, Form of Agreement, Issue of Notice to Proceed with the
Work, form of Unconditional Bank Guarantee.
8.2 Deleted

8.3 The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms and specifications, bill of quantities, forms 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 25 hereof, bids, which
are not substantially responsive to the requirements of the Bid Documents, shall be
rejected.

9 Clarification of Bidding Documents and Pre-bid Meeting

9.1 A prospective Bidder requiring any clarification of the bidding documents may notify
the Employer in writing or by cable ("cable" includes telex and facsimile) at the
Employer's address indicated in the Notice Inviting Tenders. The Employer will respond
to any request for clarification received earlier than 10 days prior to the deadline for
submission of bids. Copies of the Employer's response will be forwarded to all
purchasers of the bidding documents, including a description of the inquiry, but without
identifying its source.

9.2.1 If a pre-bid meeting is to be held, the bidder or his authorised representative is invited
to attend it. Its date, time and address are given in the Appendix to ITB.
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 is requested to submit any questions in writing or by cable so as to reach
the Employer not later than one week before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without
identifying the source of the enquiry) and the responses given will be transmitted without
delay to all purchasers of the bidding documents. Any modifications of the bidding
documents listed in Clause 8.1 of ITB, 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 of ITB 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 and shall be

13
 communicated in writing by registered post or by cable to all purchasers of the
bidding documents. Prospective bidders shall acknowledge receipt of each
addendum by cable to the Employer.

10.3 To give prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer shall extend, if necessary, the deadline
for submission of bids, in accordance with Clause 20.2 of ITB.

C. Preparation of Bids
11 Language of Bid
11.1 All documents relating to the Bid shall be in the language specified in the Appendix to ITB.

12 Documents Comprising the Bid

A. Technical Bid – (Fee/Pre-Qualification/Technical Cover)

1) EMD & Tender Fee

a) Scanned Copy of Demand draft drawn in favour of “Executive Engineer, RCD, Road Division
LOHARDAGA”, payable at SBI, LOHARDAGA towards cost of Tender Fee and Earnest
Money Deposit as specified in Appendix ITB (cl.16.1, 16.2).

2) Pre-Qualification Details

a) Scanned Copy of Certificate for availability of Credit Facility for 10% of Tendered Amount
from any Scheduled Commercial Bank in the prescribed format given in the S.B.D.
3) Technical Details & Declaration

a) Proposed work programme (work method, time schedule and financial flow), description, and
charts as necessary (Duly to be signed digitally)to comply with the requirement of the Bidding
Document.

b) Scanned copy of an Affidavit by the Bidder that he/she has accepted the S.B.D.

B – Financial Bid – (Finance Cover)

i) Duly Quoted & digitally signed Bill of Quantity (BoQ) in the file supplied by employer in
.xls format shall be uploaded.

ii) Declaration by Bidder in the format Section – 6 form of Bid in .pdf format.
C – My Document in Portal

Scanned copies/Prescribed Formats of Documents to be attached in “My

Document” in .pdf format file duly digitally signed by the bidder.

a) Proof & registration as specific class of contractor in Jharkhand, PWD/RDD or others as

mentioned in the NIT

b) Income Tax clearance certificate.

c) GST Registration Certificate.

d) Pan card

f) Proof of completion of similar works during the last 5 years and list of similar works in hand
in the prescribed formats in the ITB duly signed by an officer not below the rank of
Executive Engineer of the issuing Department (in format given in ITB)
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 g) List of works for which bids already submitted (in format given in ITB)

h) Proof of availability of major items of the contractor’s machinery – R.C Book/purchase

document if owned by the bidder, or undertaking with the vendor executed in non- judicial
stamp of appropriate value.

i) Qualification of Technical personnel and undertaking for their engagement executed in non-
judicial stamp paper of appropriate value. (Document signed during the last 6(six) months of
2014-15).

j) Financial Report for the last 5 years (upto 3/2018) certified by chartered Accountant.
k) Annual Turn over Details certified by Chartered Accountant.
l) List of current litigant cases in which the bidder is involved (in format given in ITB).

m) An affidavit for non-engagement of related persons.

n) An affidavit for non-engagement of retired personnel (within 2 years)

o) Proof of possession of Field Laboratory Equipments.

p) Organization chart.

q) Authorized address & contact numbers of the bidder as per instruction in the Appendix to ITB
duly digitally signed.
r) Bid Capacity
s) Undertaking of Bidder that he is able to invest minimum of cash upto 10% as defined in ITB.

t) Undertaking for validity of bid for 120days.

NOTE:- a) All the documents should be digitally signed.

12.2 Deleted

12.3 The following documents, which are not submitted with the bid, will be deemed to be
part of the bid.
Section Par ticulars
1. Notice inviting Tender
2. Instruction to the bidders
3. Conditions of Contract
4. Contract Data
5. Specifications
6. Drawings
13 Bid Prices
13.1 The Contract shall be for the whole Works, as described in Clause 1.1 of ITB.
13.2 The Bidder shall adopt the Percentage Rate Method as specified in the Appendix to ITB;
only the same option is allowed to all the Bidders.
Percentage Rate Method requires the bidder to quote a percentage above / below/
at par of the schedule of rates specified in the Appendix to ITB.
13.3 All duties, taxes, royalties and other levies payable by the Contractor under the
15
 Contract, or for any other cause, shall be included in the rates, prices, and total Bid
price submitted by the Bidder.
13.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the
Contract and shall not be subject to adjustment.
14 Currencies of Bid
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian
Rupees (INR).

15 Bid Validity
15.1 Bids shall remain valid for a period of 120 (one hundred twenty) days after the deadline
date for bid submission specified in Clause 20 of ITB. A bid valid for a shorter period
shall be rejected by the Employer as non-responsive.
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 additional
period. The request and the bidders' responses shall be made in writing or by cable. A
bidder may refuse the request without forfeiting his Earnest Money. 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 earnest money for a period of the extension, and in compliance
with Clause 16 of ITB in all respects.

16 Earnest Money

16.1 The Bidder shall furnish, as part of the Bid, Earnest Money, in the amount specified in the
Appendix to ITB.

16.2 The Earnest Money shall, at the Bidder's option, be in the form of Fixed Deposit Receipt
of a scheduled commercial bank, issued in favour of the name given in the Appendix to
ITB. The Fixed Deposit Receipt and Bank Guarantee shall be valid for six months or
more after the last date of receipt of bids. Other forms of Earnest Money
acceptable to the Employer are stated in the Appendix to ITB.

16.3 Any bid not accompanied by an acceptable Earnest Money, unless exempted in terms
given in the Appendix to ITB, shall be rejected by the Employer as non- responsive.

16.4 The Earnest Money of unsuccessful bidders will be returned within 28 days of the end
of the Bid validity period specified in Clause 15.1 of ITB.

16.5 The Earnest Money of the successful Bidder will be discharged when the Bidder has
signed the Agreement and furnished the required Performance Security.

16.6 The Earnest Money may be forfeited:

a) if the Bidder withdraws the Bid after bid opening (technical bid) during the
period of Bid validity;
b) in the case of a successful Bidder, if the Bidder fails within the specified time
limit to
i. sign the Agreement; and/or
ii. Furnish the required Performance Security.

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17 Alternative Proposals by Bidders
17.1 Bidders shall submit offers that comply with the requirements of the bidding
documents, including the Bill of Quantities and the basic technical design as
indicated in the drawings and specifications. Alternative proposals will be rejected as
non-responsive.

18 Format and Signing of Bid

18.1 The Bidder shall submit one set of the bid comprising of the documents as
described in Clause 12 of ITB.

18.2 Deleted

18.3 Deleted

D. Submission of Bids
19 Sealing and Marking of Bids

19.1 The Bidder shall place the two separate files (File I) marked “Technical Bid”and
“Financial Bid” (File –II). The file will have markings as follows:

Technical Bid: To be opened on (date and time of Technical Bid opening as per
clause 22.1 of ITB.)

Financial Bid: Not to be opened except with the approval of the Employer. The
contents of the Technical and Financial Bids shall be as specified in clause 12.1 of
ITB. All documents are to be signed digitally by the bidder.

19.2 The first and second files containing the Technical and Financial Bids shall
a) be addressed to the Employer at the address provided in the Appendix to ITB;
b) bear the name and identification number of the Contract as defined in clause 1.1
of ITB; and

c) provide a warning not to open before the specified time and date for Bid opening
as defined in clause 22.1 of ITB.

19.3 Deleted

20 Deadline for Submission of Bids

20.1 Complete Bids (including Technical and Financial) must be received by the
Employer at the address specified in the Appendix to ITB not later than the date and
time indicated in the Appendix to ITB.

20.2 The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10.3 of ITB, in which case all rights and
obligations of the Employer and the bidders previously subject to the original
deadline will then be subject to the new deadline.

21 Late Bids- Deleted

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21.1 Deleted

E. Bid Opening and Evaluation

22 Bid Opening
22.1 The Employer will open the bids received (except those received late) in the presence
of the bidders/bidders' representatives who choose to attend at the time, date and
place specified in the Appendix to ITB. In the event of the specified date for the
submission of bids being declared a holiday for the Employer, the Bids will be
opened at the appointed time and location on the next working day.

22.2 The files containing the technical bid shall be opened. The document marked “cost of
bidding document” will be opened first and if the cost of the bidding documents is not
there, or incomplete, the remaining bid documents will not be opened, and bid will be
rejected.

22.3 In all other cases, the amount of Earnest Money, forms and validity shall be
announced. Thereafter, the bidders' names and such other details as the
Employer may consider appropriate, will be announced by the Employer at the
opening.

22.4 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Clause 22.3 of ITB.

22.5 Evaluation of the technical bids with respect to bid security, qualification
information and other information furnished in Par t I of the bid in pursuant to
Clause 12.1 of ITB, shall be taken up and completed within five working days of the
date of bid opening, and a list will be drawn up of the responsive bids whose financial
bids are eligible for consideration.

22.6 The Employer shall inform, by email, telegram or facimal, the bidders, whose
technical bids are found responsive, date, time and place of opening as stated in the
Appendix ITB. In the event of the specified date being declared a holiday for the
Employer, the bids will be opened at the appointed time and location on the next
working day through they or their representative, may attend the meeting of opening of
financial bids.

22.7 At the time of the opening of the 'Financial Bid', the names of the bidders whose bids
were found responsive in accordance with clause 22.5 of ITB will be announced.
The financial bids of only these bidders will be opened. The remaining bids will be
returned unopened to the bidders. The responsive bidders' names, the Bid prices, the
total amount of each bid, and such other details as the Employer may consider
appropriate will be announced by the Employer at the time of bid opening. Any Bid
price which is not read out and recorded, will not be taken into account in Bid
Evaluation

22.8 The Employer shall prepare the minutes of the opening of the Financial Bids.

23 Process to be Confidential

23.1 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 attempt by a Bidder to influence the
Employer's processing of bids or award decisions may result in the rejection of his Bid
18
24 Clarification of Bids and Contacting the Employer

24.1 No Bidder shall contact the Employer on any matter relating to its bid from the time of
the bid opening to the time the contract is awarded.

24.2 Any attempt by the bidder to influence the Employer's bid evaluation, by any means,
bid evaluation, bid comparison or contract award decision may result in the rejection of
his bid.

25 Examination of Bids and Determination of Responsiveness

25.1 During the detailed evaluation of "Technical Bids", the Employer will determine
whether each Bid (a) meets the eligibility criteria defined in Clauses 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 documents. During the
detailed evaluation of the "Financial Bids", 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.
25.2 A substantially responsive "Financial Bid" is one, which conforms to all the terms,
conditions, and specifications of the 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 bids.

25.3 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 nonconforming deviation or reservation.

26 Correction of Errors
26.1 Bids determined to be substantially responsive, will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:

a) where there is a discrepancy between the rates in figures and in words, the rate
in words will govern; and
b) where there is a discrepancy between the unit rate and the line item total
resulting from multiplying the unit rate by the quantity, the unit rate as quoted will
govern.
26.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors and shall be considered as binding upon the
Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and
the Earnest money shall be forfeited in accordance with Clause 16.6(b) of ITB.
27 Evaluation and Comparison of Bids
27.1 The Employer will evaluate and compare only the bids determined to be
substantially responsive in accordance with Clause 25 of ITB.
27.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid
price by adjusting the Bid price by making correction, if any, for errors pursuant to
Clause 26 of ITB.
27.3 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
19
 Bidder to produce detailed price analysis for any or all items of the Bill of Quantities, to
demonstrate the internal 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 32 of ITB 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. The
amount of the increased performance security shall be decided at the sole discretion of the
Employer, which shall be final, binding and conclusive on the bidder.

27.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer's estimate of the cost of routine maintenance of works to be performed for five
years under the contract, the Employer may require the Bidder to produce detailed price
analyses for routine maintenance. After its evaluation, the Employer may require that the
amount of the performance security set forth in Clause 32 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. The amount of
the increased performance security shall be decided at the sole discretion of the
Employer, which shall be final, binding and conclusive on the bidder.
28 Price Preference
28.1 There will be no price preference to any bidder.

F. Award of Contract
29 Award Criteria
29.1 Subject to Clause 31 of ITB, 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, provided that such Bidder has been determined to be (a)
eligible in accordance with the provisions of Clause 3 of ITB, and (b) qualified in
accordance with the provisions of Clause 4 of ITB; and

ii. to be within the available bid capacity adjusted to account for his bid price which
is evaluated the lowest in any of the packages opened earlier than the one under
consideration.

30 Employer's Right to Accept any Bid and to Reject any or all Bids
30.1 Notwithstanding Clause 29 above, 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 bidders
or any obligation to inform the affected Bidder or bidders of the grounds for the
Employer's action without any reason.
31 Notification of Award and Signing of Agreement
31.1 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, email, telex or
facsimile confirmed by registered letter. This letter (hereinafter and in the Par t I -
General Conditions of Contract called the "Letter of Acceptance") will state the sum
that the Employer will pay to the Contractor in consideration of the execution,
completion and maintenance of the Works, and the routine maintenance of the works
for five years, by the Contractor as prescribed by the Contract (hereinafter and in the
Contract called the "Contract Price").

20
 31.2 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 32.

31.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder after
the performance security is furnished.

31.4 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.

32 Performance Security

32.1 The successful bidder/contractor shall provide to the employer a total Performance Security
of five percent of the Contract Price, for a period of 5 years and the time of completion of
construction work plus additional security for unbalanced bids in accordance with clause
27.3 and 27.4 of ITB and Clause 46 Part 1 General Conditions of Contract.

Within 10 days after receipt of Letter of Acceptance but before signing the contract, a
Performance Security of two and a half percent of Contract Price plus additional security for
unbalanced bids in accordance with clause 27.3 and 27.4 of ITB and Clause 46
Part 1 General Conditions of Contract shall be delivered by the successful bidder to the
employer.

The employer shall retain remaining two and a half percent Performance Security from
each payment due to the contractor until completion of the whole of the construction
works (except advance payment as per Clause 45 of General Conditions of Contract).

32.2 Performance Security of two and a half percent to be delivered by the successful bidder
after the receipt of letter of acceptance shall be either in form of a Bank Guarantee or
Fixed Deposit receipts in the name of employer, from a scheduled commercial bank.

If the Performance Security is in the form of a Bank Guarantee, the period of validity of
Bank Guarantee of two and a half percent of contract price could be one year initially,
however, the bidder/contractor shall get this Bank Guarantee extended in such a way that
an amount equal to the requisite performance security is always available with employer
until 45 days after the lapse of Defect Liability Period. If the bidder/contractor fails to
maintain above Performance Security, the Employer would recover the same from any dues
payable to the contractor.

32.3 Failure of the successful Bidder to comply with the requirements of deliver y of
Performance Security of two and a half percent of contract price plus additional security for
unbalanced bids as per provisions of Clause 32.1 shall constitute sufficient ground for
cancellation of the award and forfeiture of the earnest Money.

Such successful bidder who fails to comply with the above requirements is liable to be
debarred from participating in bids under PMGSY for a period of one year.

33 Advances

33.1 The Employer will provide Mobilization Advance and Advance against the security of
equipment as provided in Part I - General Conditions of Contract.

34 Corrupt or Fraudulent Practices

21
The Employer requires the bidders/Contractors to strictly observe the laws against fraud
and corruption in force in India, namely, Prevention of Corruption Act, 1988.

22
 Appendix to ITB
Instructions to Bidders
Clause Reference

(1.1) The Employer is The Chief Engineer (Communication) RCD,

Ranchi.
(1.1) The Works is H.L. Bridge over Koyal River in Bhandra-
Baxidipa-Senha Road and H.L. Bridge over
Shankh River in 2nd KM of Patratoli to Manho
Road.
(1.1) Identification No. of the works is: Package No. – RCPLWEA/BRIDGE/11 (2nd Call)

Name of Bridge Cost of Construction Cost of

(Rs.) in lakhs Maintenance (Rs.)
in lakhs
H.L. Bridge over Koyal River in Bhandra-
Baxidipa-Senha Road and H.L. Bridge over
Shankh River in 2nd KM of Patratoli to Manho 1229.47065 ----------------
Road.

(2.1) The State is : Jharkhand

(3.1) Eligible Bidders are : Contractors registered with R.C.D./RWD (REO)
Govt. of Jharkhand and others as mentioned in
NIT (in appropriate class)
(4.2) The information required from bidders in Clause 4.2 is modified as follows:
None

4.2 (g) & 4.2(h) The percentage is 10% of estimated project cost

(4.4 A) (b) One fourth of construction cost.

(4.4 B) (a) (iii) Other certificates required with the bid are: NIL

(4.4. B) (b) (i) The key equipment for road works and field testing laboratory are

23
For Each Package:
Sr.No. Name of the Equipment Quantity (In Number)
Upto 5 crore 5 to 10 crore Above 10 crore

1 Hot Mix plant (Drum type) 1 1 1

2 Excavator 2 3 3
3 Concrete Mixers with integral weigh 1 2 2
Batching facility.
4 Water Tanker with Sprinkler 2 3 4
5 Diesel Road Roller (8-10 T) 4 6 6
6 Vibratory Road Rollers 1 2 2
7 Tippers 6 15 15
8 Vehicle Mounted Mechanical Spray 1 2 2
9 Tar Boiler 1 2 2

10 Tractor mounted Rotavator 1 2 2

11 Mobile Van with all essential 1 1 1

equipments
12 Batch Mix Plant - 1 1

13 Transit Mixer - 2 3
14 Concrete Pump - - 1

Equipment for field testing for each Road Work :

Sr.No. Name of the Equipment Quantity
1. Core Cutter 1
2. Sand Replacement apparatus 1
3. Physical balance 10 kg capacity with weights 1
4. Standard set of sieves for fine & coarse aggregates with Lid & pan 1 each
(90mm, 63, 53, 50, 45, 40, 25, 22.4, 13.2, 11.2, 6.3, 5.4, 2.36,
1.18, 180 micron, 600, 425, 75 micron)
5. Straight edge 1
6. Camber plate 1
7. Thermometer 1
8. Steel folding table (0.50x1.2m) 1
9. PVC/steel folding chairs 4
10. Flakiness gauge 1
11. Elongation gauge 1
12. Concrete cubes moulds of size 15x15x15 cm 6
13. Rapid moisture content meter 1
14. Levelling instrument 2
15. Levelling staff 4
16. Compass 1
17. Metallic tape 30 2

24
For field testing Laboratory to be set up for each package
Sr.No. Name of the Equipment Quantity
1. Liquid limit device with grooving tool 1
2. Static Limit device 1
3. Shrinkage limit device Oven 1
4. electrically operated 1
5. Beam type balance 20kg cap with weights 1
6. Physical balance 250 gm cap with weights 1
7. Pycnometer glass for specific gravity 1
8. Aggregate Impact value machine 1
9. Hand operated cube testing machine 1
10. Bitumen Extractor 1
11. Standard set of sieves for level & pan (90,63,53,50,45,40,25,22.4, 1 each
13.2,11.2,6.3,5.4, 2.36,1.18,600,300,425,180,75)

Note : (a) The bidder must produce the following documentary evidence in support of his owing
the above equipment or lease agreement.

(i) Attested copies of purchase vouchers and delivery challans.

(4.4 B) (b)(ii) The Number of Technical personnel, Qualifications and Experience will be as
follows:

A. The Technical Personnel are :

Technical Personnel Number Experience in Road Works

i) Degree Holder in One Number Ten years experience in road

Civil Engineering construction

ii) Diploma Holder in One Number Five years experience in road

Civil Engineering construction

iii) Others Four Number three years

(Supervisor)

B. For field testing laboratory:

One Diploma holder Civil Engineer with two skilled assistants

(4.4 B) (b)(iii) The minimum amount of liquid assets and/or credit facilities net of other
contractual commitments of the successful Bidder shall be 10% contract
Amount.

(4.4 B) (c) (i) The bidder must produce an affidavit stating that the near relations of the
following departmental officers are not in his employment: Concerned E-in-
C/C.E/S.E/E.E/ A.E/ J.E/Divisional Accountant/members of PIU &
JSRRDA/RCD/Departmental Officers and Staff

25
(4.4 B) (c) (ii) The bidder must produce an affidavit stating the names of retired Gazetted officer
(if any) in his employment who retired within the last two years with the
following ranks from the departments listed below:

All Officers of all departments under Govt. of Jharkhand

In case there is no such person in his employment, his affidavit should clearly
state this fact.

(4.6) M = 2.5

(7.1) The contact person is : Executive Engineer, RCD, Road Division, LOHARDAGA.

Designation : Executive Engineer, RCD, Road Division,

LOHARDAGA.

Address : Road Division LOHARDAGA.

Telephone No. : 7250613333
The contact person is : Executive Engineer, RCD, Road Division,
LOHARDAGA.

Designation :
Address :

Telephone No. :
(9.2.1) Place, Time and Date for pre-bid meeting are:
Place :
Time :
Date :
(11.1) Language of the bid is: English

(12.1) Par t I (v) the other documents required are:

(13.2.) Bids may be submitted only in one of the following:

Percentage Rate Method

(13.2) Schedule of Rate applicable for Percentage Rate Method is :

BOQ (Schedule B) attached with Bid Document

(16.1) The amount of Earnest Money shall be 2% of Estimated project cost put to tender
i.e. 24.59 Lakhs

(16.2) Fixed Deposit Receipt must be drawn:

In favour of : Executive Engineer, RCD, Road Division, LOHARDAGA.

(16.2) Other acceptable forms of Earnest Money pledged in favour of

“Executive Engineer, RCD, Road Division, LOHARDAGA” are Bank
Guarantee issued by any Scheduled Bank, N.S.C. (VIIIth Issue), Post
Office’s Time Deposit (3/5 Years)

(16.3) Exemption from Earnest Money is granted to: None

(20.1) The Employer's address for the purpose of Bid submission is:
The Bids will be submitted online.
26
(20.1) The deadline for submission of bids shall be:

Date : 27.06.2018
Time : 5.00 PM
(22.1) & (22.6) The date, time and place for opening of the
Technical Bids are:

(A) Technical Bid

(B)
Date : 29.06.2018
Time : 5.00 PM
Place : Chief Engineer (Communication), RCD, Ranchi.

(B) Financial Bid (For qualified bidder)

Date :Will be notified to eligible bidder by email/fax/post
Time : Will be notified to eligible bidder by email/fax/post
Place :Office of the Chief Engineer (Communication),
RCD,
1st Floor, Engineer’s Hostel No.-2, Dhurwa, Ranchi
(32.1) The amount of the performance guarantee is:
Amount: percent of the contract price. 5% of contract amount
Validity Period: 6 years, 7 months and 15 days.

i) Performance security shall be valid until a date 45 days after the expiry
of Defect Liability Period of 5 years after intended completion date

ii) Additional Performance Security for unbalanced Bid shall be valid

iii) Additional Performance Security for unbalanced Bid for routine

maintenance shall be valid until a date 45 days after the expiry of
Defect Liability Period of 5 years after intended completion date for 45
days plus intended completion period.

Sd./
Chief Engineer
(Communication)
RCD, Ranchi.

27
 SECTION - III
Qualification Information
Notes on Form of Qualification Information
The information to be filled in by bidders in the following pages will be used for purposes of
post-qualification as provided for in Clause 4 of the Instructions to Bidders. This
information will not be incorporated in the Contract. Attach additional pages as
necessary.

1. Individual Bidders

1.1 Constitution or legal status of [attach copy]

Bidder

Place of registration : Principal

place of business : Power of

attorney of signatory [attach]

of Bid

1.2 Total annual volume of civil engineering (Rs. In Lakhs)

construction work executed and 2013-2014
payments received in the last five 2014-2015
years preceding the year in which bids are 2015-2016
invited. (Attach certificate from 2016-2017
Chartered Accountant) 2017-2018

1.3 1 Work performed as prime Contractor (in the same name and style) on construction works
of a similar nature and volume over the last five years. Attach certificate from the
Engineer-in-charge.
Project Name of Description Value of Contract Date of Stipulated Actual Date Remarks
Name Employer of work contract No. Issue of Date of of explaining
Work Completion Completion reasons for
Order Delay, if
any

1.3.2 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.

28
 (A) Existing commitments and on-going construction works:
Description Place & Contract Name & Value of Stipulated Value of Anticipated
of Work State No & Address of Contract period of Works Date of
Date Employer (Rs. in completion remaining to completion
Lakhs) be completed
(Rs. Lakhs)*
(1) (2) (3) (4) (5) (6) (7) (8)

* Enclose certificate (s) from Engineer(s)-in-charge for value of work remaining to be

completed.
(B) Works for which bids already submitted:
Description Place & Name & Estimated Stipulated Date when Remarks,
of Work State Address of Value of period of decision is if any
Employer Works(Rs. completion expected
Lakhs)
(1) (2) (3) (4) (5) (6) (7)

1.4 Availability of Major items of Contractor’s Equipment proposed for carrying out the
Works. List all information requested below. Refer also to Clause 4.2(d) and Clause
4.4 b (b) of the Instructions to Bidders.
Item of Equipment Description, make, Condition (new, good, Owned, leased
and age (Years), and poor) and number (from whom?),
capacity available or to be
purchased

1.5 Qualifications of technical personnel proposed for the Contract. Refer also to Clause
4.32(e) of the Instructions to Bidders and Clause 9.1 of Part-1 General Conditions of
Contract.
Position Name Qualification Years of experience
Road Building Other
Works Works

1.6 Proposed sub-contractors and firms involved for construction. Refer to Clause 7
of Part I General Conditions of Contract.

29
Sections of the Works Value of Sub-contractor Experience in
subcontract (name and address) similar work

Note : The capability of the sub-Contractor will also be assessed (on the same lines as for the
main Contractor) before according approval to him.

1.7 Financial reports for the last five years: balance sheets, profit and loss statements, auditors'
reports, List below and attach copies.

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

1.8 Evidence of access to financial resources to meet the qualification requirements: cash in
hand, lines of credit ,List below and at t ach copies of support documents.(Sample
format attached).

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide
references if contacted by the Employer.

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

_______ ___ ____ ______ ___ ____ ______ ___ ____ ______

1.10 Information on current litigation in which the Bidder is involved.

Name of Other Cause of Litigation where Amount involved
party(s) dispute (Court/arbitration)

1.11 Proposed Programme (work method and schedule). Descriptions, drawings, and
charts as necessary, to comply with the requirements of the bidding documents.

30
 SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES

BANK CERTIFICATE

This is to certify that M/S ———————————————————— is a reputed

company with a good financial standing.

If the contract for the work, namely, ____________________________________

___________________________________ is awarded to the above firm, we shall be able to
provide overdraft/credit facilities to the extent of Rs. _________________ to meet their working
capital requirements for executing the above contract.

Signature of Senior Bank Manager __________________

Name of the senior Bank Manager __________________
Address of the Bank __________________

Stamp of the Bank

Note : Certificate should be on the letterhead of the bank.

31
 SECTION - IV

General Conditions of Contract

These conditions are subject to the variations and additions set out in Part II Special
Conditions of Contract

Notes on Conditions of Contract

The Conditions of Contract, read in conjunction with Par t II Special Conditions of

Contract and the Contract Data and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.

The form of Conditions of Contract that follows has been developed for smaller
admeasurements contracts for construction on the basis of international practice and the
practice of the Government of India, Ministry of Road Transport and Highways, and
considerable experience in different States in India in the drafting and management of
contracts, bearing in mind a trend in the construction industry towards simpler, more
straightforward language.

The Conditions of Contract also incorporate the concept of performance-based

payments for routine maintenance of roads.

32
 SECTION - IV
Part I - General Conditions of Contract
Table of Clauses

A. General D. Cost Control

1. Definitions 34. Bill of Quantities
2. Interpretation 35. Variations
3. Language and Law 36. Payments for Variations
4. Engineer's Decisions 37. Cash Flow Forecasts
5. Delegation 38. Payment Certificates
6. Communications 39. Payments
7. Subcontracting 40. Compensation Events
8. Other Contractors 41. Tax
9. Personnel 42. Currencies
10. Employer's and Contractor's Risks 43. Security Deposit
11. Employer's Risks 44. Liquidated Damages
12. Contractor's Risks 45. Advance Payments
13. Insurance 46. Securities
14. Site Investigation Reports 47. Cost of Repairs
15. Queries about the Contract Data E. Finishing the Contract
16. Contractor to Construct the Works & 48. Completion
do maintenance 49. Taking Over
17. The Works to Be Completed by the 50. Final Account
Intended Completion Date 51. Operating and Maintenance
18. Approval by the Engineer Manual
19. Safety 52. Termination
20. Discoveries 53. Payment upon Termination
21. Possession of the Site 54. Property
22. Access to the Site 55. Release from Performance
23. Instructions F. Other Conditions of Contract
24. Dispute Redressal System 56. Labour
25. Arbitration 57. Compliance with Labour
B. Time Control Regulations
26. Programme 58. Drawings and Photographs of
27. Extension of the Intended the Works
Completion Date 59. The. Apprenticeship Act,
28. Delays Ordered by the Engineer 1961
29. Management Meetings
C. Quality Control
30. Identifying Defects
31. Tests
32. Correction of Defects
33. Uncorrected Defects

33
 SECTION -
IV

Part I - General 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 meanings. Capital initials are used to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

Compensation Events are those defined in Clause 40 hereunder.

The Completion Date is the date of completion of the Works as certified by the Engineer, in
accordance with Clause 48.1.

The Contract is the Contract between the Employer and the Contractor to execute, complete, and
maintain the Works. It consists of the documents listed in Clause 2.3.

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 Works, including routine
maintenance, has been accepted by the Employer.

The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer.

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.

A Defect is any par t of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability
Period has ended and upon correction of Defects by the Contractor.

The Defect Liability Period is five years calculated from the Completion Date.

Drawings include calculations and other information provided or approved by the Engineer for the
execution of the Contract.

The Employer is the party as defined in the Contract Data, who employs the Contractor to carry
out the Works, including routine maintenance. The Employer may delegate any or all functions to a
person or body nominated by him for specified functions.

The Engineer is the person named in the Contract Data (or any other competent person
appointed by the Employer and notified to the Contractor, to act in replacement of the
Engineer) who is responsible for supervising the execution of the Works and administering the
Contract.

34
Equipment is the 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.

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 par t of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.

Routine Maintenance is the maintenance of roads for five years as specified in the Contract Data.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those that were included in the bidding documents and are reports
about the surface and subsurface conditions at the Site.

Specification means the Specification 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 Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a par t of the construction work and / or routine maintenance in the Contract, which includes
work on the Site.

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

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

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

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. Headings 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 these
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 the Intended
Completion Date apply to any Section of the Works (other than references to the
Completion Date and Intended Completion Date for the whole of the Works).

35
 2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
1) Agreement,
2) Notice to Proceed with the Work,
3) Letter of Acceptance,
4) Contractor's Bid,
5) Contract Data,
6) Special Conditions of Contract Part II,
7) General Conditions of Contract Part I,
8) Specifications,
9) Drawings,
10) Bill of Quantities, and
11) Any other document listed in the Contract Data.
3 Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4 Engineer's 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. However, if the Engineer is required under the rules and regulations and
orders of the Employer to obtain approval of some other authorities for specific actions, he
will so obtain the approval.

4.2 Except as expressly stated in the Contract, the Engineer shall not have any
authority to relieve the Contractor of any of his obligations under the contract.

5 Delegation
5.1 The Engineer, with the approval of the Employer, 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 All certificates, notices or instructions to be given to the contractor by Employer/
Engineer shall be sent on the address or contact details given by the contractor in
section 6 - Form of bid. The address and contact details or communication with the
Employer/Engineer shall be as per the details given in the contract data to General
Conditions Contract. Communications between par ties that are referred to in the
Conditions shall be in the writing. The notice sent by facsimile (fax) or other
electronic means shall be effective on conformation of the transmission. A notice
sent by Registered post or speed post shall be effective on delivery or at the expiry of
normal delivery period as undertaken by the postal service.

7 Subcontracting
7.1 The Contractor may subcontract part of the construction work with the approval of the
Employer in writing, up to 25 percent of the contract price and if amount put to bid is
Rs. 5 Crore and above, also part or full routine maintenance work after completion
36
 of construction work, but will not assign the Contract. It is expressly agreed that
the Contractor shall, at all times, be responsible and liable for all his obligations under
this Agreement notwithstanding anything contained in the agreements with his Sub-
contractors or any other agreement that may be entered into by the Contractor, and no
default under any such agreement shall exempt the Contractor from his obligations or
liability hereunder.
7.2 The Contractor shall not be required to obtain any consent from the Employer for:
a. the sub-contracting of any par t of the Works for which the Sub-Contractor is
named in the Contract;
b. the provision for labour, or labour component.
c. the purchase of Materials which are in accordance with the standards
specified in the Contract.
7.3 Beyond what has been stated in clauses 7.1 and 7.2, if the Contractor proposes sub-
contracting any part of the work during execution of the Works, the Employer will
consider the following before according approval:
a) The Contractor shall not sub-contract the whole of the Works.
b) The Contractor shall not sub-contract any part of the Work without prior
consent of the Employer. Any such consent shall not relieve the Contractor from
any liability or obligation under the Contract and he shall be responsible for the
acts, defaults and neglects of any his sub-Contractor, his agents or workmen as
fully as if they were the acts, defaults or neglects of the Contractor, his
agents and workmen.

7.4 The Engineer should satisfy himself before recommending to the Employer whether
the Sub-Contractor so proposed for the Work possess the experience, qualifications
and equipment necessary for the job proposed to be entrusted to him in proportion
to quantum of Works to be sub-contracted.

7.5 While sub-contracting part of construction work as per provisions of Clause 7.1 and
7.3 above, the contractor shall enter into formal sub-contract with the sub-
contractor making provisions for such requirements as may be specified by the
Engineer including a condition that to the extent of inconsistency, provision of the
contract shall prevail over the provisions of the sub-contract. A copy of document
of formal sub-contract shall be furnished to the employer within a period of 30 days
from the date of such sub-contract. In all such cases, on completion of the contract,
the Engineer, unless for reasons recorded in writing decides otherwise, shall issue a
Certificate of Experience to the contractor and in such certificate the experience of
the sub-contractor shall also be mentioned. The Copy of such certificate would also
be endorsed to the sub-contractor.

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 Contractors, as referred to in the Contract Data. The Contractor shall also
provide facilities and services for them as described in the Schedule. The Employer
37
 may modify the Schedule of Other Contractors, and shall notify the Contractor of
any such modification.

8.2 The Contractor should take up the works in convenient reaches as decided by the
Engineer to ensure there is least hindrance to the smooth flow of traffic including
movement of vehicles and equipment of other Contractors till the completion of
the Works.

9 Personnel

9.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel named in the Contract Data or other technical persons approved
by the Engineer. The Engineer will approve any proposed replacement of technical
personnel only if their relevant qualifications and abilities are substantially equal
to or better than those of the personnel stated in the Contract Data.

9.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or 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 Works
in the Contract.

9.3 The Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the State Government and has either not completed
two years after the date of retirement or has not obtained State Government's
permission to employment with the Contractor.

10 Employer's and Contractor's Risks

10.1 The Employer carries the risks, which this Contract states are Employer's risks, and the
Contractor carries the risks, which this Contract states are Contractor's risks.

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 in the Employer's country, the risks of war, 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),
natural calamities and contamination from any nuclear fuel or nuclear waste or radioactive
toxic explosive, or (b) a cause due solely to the design of the Works, other than the
Contractor's design.

12 Contractor's Risks
12.1 All risks of loss of or damage 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, referred to in clause 11.1, are the responsibility of the Contractor.

13 Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and
the Contractor, insurance cover from the Star t Date to the date of completion,
in the amounts and deductibles stated in the Contract Data for the following events
which are due to the Contractor's risks:

38
 a. loss of or damage to the Works, Plant and Materials;

b. loss of or damage to Equipment;

c. loss of or damage to property (except the Works, Plant, Materials, and

Equipment) in connection with the Contract; and

d. Personal injury or death.

13.2 Insurance 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 Indian Rupees to
rectify the loss or damage incurred.

13.3 The Contractor at his cost shall also provide, in the joint names of the Employer and the
Contractor, insurance cover from the date of completion to the end of defect 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) Personal injury or death.

b) Insurance policies and certificates for insurance shall be delivered by the

Contractor to the Engineer for the Engineer's approval before the
completion date/ star t date. All such insurance shall provide for
compensation to be payable in Indian Rupees.

13.4 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.

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

14 Site Investigation Reports

14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports
referred to in the Contract Data, supplemented by any other information
available to him, before submitting the bid.

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 and maintain the Works in
accordance with the Specifications and Drawings.

16.2 The contractor shall construct the works with intermediate technology, i.e. by
manual means with medium input of machinery required to ensure the quality of
work as per specifications. The contractor shall deploy the equipment and
machinery as given in the contract data.

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
39
 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.
18.2 The Contractor shall be responsible for design of Temporary Works.

18.3 The Engineer's approval shall not alter the Contractor's 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 Contractor for the execution of the temporary or
permanent Works, 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 shall be the property of the Employer. The Contractor shall
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 handover complete or par t possession of the Site to the
Contractor seven days in advance of the construction programme. At the star t of the
work, the employer shall handover the possession of at least 75% of the site.

22 Access to the Site

22.1 The Contractor shall allow access to the Site and to any place where work in
connection with the Contract is being carried out, or is intended to be carried out to
the engineer and any person/persons/agency authorized by:

a. The Engineer

b. The Employer

c. The Ministry of Rural Development, Government of India. d.

National Rural Roads Development Agency, New Delhi

23 Instructions
23.1 The Contractor shall carry out all instructions of the Engineer, which comply with
the applicable laws where the Site is located.

24 Dispute Redressal System

24.1 If any dispute or difference of any kind what-so-ever shall arises in connection with
or arising out of this Contract or the execution of Works or maintenance of the
Works there under, whether before its commencement or during the progress of
40
 Works or after the termination, abandonment or breach of the Contract, it shall,
in the first instance, be referred for settlement to the competent authority within
45 days of arising the dispute or difference, described along with their powers in the
Contract Data, above the rank of the Engineer. The competent authority shall,
within a period of forty-five days after being requested in writing by the
Contractor to do so, convey his decision to the Contractor. Such decision in respect
of every matter so referred shall, subject to review as hereinafter provided, be final
and binding upon the Contractor. In case the Works is already in progress, the
Contractor shall proceed with the execution of the Works, including maintenance
thereof, pending receipt of the decision of the competent authority as aforesaid,
with all due diligence.

24.2 Either party will have the right of appeal, against the decision of the competent
authority, to the Standing Empowered Committee within 90 days of the decision of the
competent authority.

24.3 The composition of the Empowered Standing Committee will be:

I. One official member, Chairman of the Standing Empowered Committee, not
below the rank of Additional Secretary to the State Government;
II. One official member not below the rank of chief engineer; and
III. One non-official member who will be technical expert of Chief Engineer's level
selected by the Contractor from a panel of three persons given to him by the
Employer.
24.4 The Contractor and the Employer will be entitled to present their case in writing duly
supported by documents. If so requested, the Standing Empowered Committee
may allow one opportunity to the Contractor and the Employer for oral arguments
for a specified period. The Empowered Committee shall give its decision within a
period of ninety days from the date of appeal, failing which the contractor can
approach, the appropriate court for the resolution of the dispute.

24.5 The decision of the Standing Empowered Committee will be binding on the
Employer for payment of claims up to five percent of the Initial Contract Price. The
Contractor can accept and receive payment after signing as "in full and final
settlement of all claims". If he does not accept the decision, he is not barred from
approaching the courts. Similarly, if the Employer does not accept the decision of
the Standing Empowered Committee above the limit of five percent of the Initial
Contract Price, he will be free to approach the courts applicable under the law.
25 Arbitration
25.1 In view of the provision of the clause 24 on Dispute Redressal System, it is the
condition of the Contract that there will be no arbitration for the settlement of any
dispute between the parties.
B. Time Control
26 Programme
26.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods, arrangements,
order, and timing for all the activities in the Works, along with monthly cash flow
forecasts for the construction of works.

41
 26.2 The contractor shall submit the list of equipment and machinery being brought to the
site, the list of key personnel being deployed, the list of machinery/ equipment's
being placed in the field laboratory and the location of field laboratory along
with the programme. The Engineer shall cause these details
to be verified at each appropriate stage of programme.

26.3 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 Works, including any changes to the sequence of the
activities.

26.4 The Contractor shall submit to the Engineer f or 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
certificate and continue to withhold this amount until the next payment after the
date on which the overdue Programme has been submitted.
26.5 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 shall show the effect of
Variations and Compensation Events.

27 Extension of the Intended Completion Date

27.1 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 Works, which would cause the Contractor to incur
additional cost.
27.2 The Engineer shall decide whether and by how much time to extend the
Intended Completion Date within 21 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 cooperate in dealing with
a delay, the delay by this failure shall not be considered in assessing the new
Intended Completion Date.

28 Delays Ordered by the Engineer

28.1 The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays totaling more than 30 days will require
prior written approval of the Employer.

29 Management Meetings
29.1 The Engineer may require the Contractor to attend a management meeting.
The business of a management meeting shall be to review the plans for the
Works.

29.2 The Engineer shall record the business of management meetings and provide copies
of the record to those attending the meeting. The responsibility of the parties for
actions to be taken shall be decided by the Engineer either at the management
meeting or after the management meeting and stated in writing to all those who

42
 attended the meeting.
C. Quality Control
30 Identifying Defects

30.1 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.
31 Tests
31.1 For carrying out mandatory tests as prescribed in the specifications, the
contractor shall establish field laboratory at the location decided by the
Engineer. The field laboratory will have minimum equipment's as specified in the
contract data.
The contractor shall be solely responsible for:

a. Carrying out the mandatory tests prescribed in the Specifications and

b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.

31.2 If the Engineer instructs the Contractor to carry out a test not specified in the
Specification/ Rural Roads Manual 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.

32 Correction of Defects noticed during the Defect Liability Period and

Routine Maintenance of Roads for five years

32.1.1 The Engineer shall give notice to the Contractor of any Defects before the end of
the Defects Liability Period, which begins at Completion and ends after five
year. The Defects Liability Period shall be extended for as long as Defects remain
to be corrected.

32.1.2 Every time notice of Defect/Defects is given, the Contractor shall correct the
notified Defect/Defects within the duration of time specified by the
Engineer's notice.

32.2.1 The Contractor shall do the routine maintenance of roads, including

pavement, road sides and cross drains including surface drains to the
required standards and in the manner as defined in clause 1.1 and keep the entire
road surface and structure in Defect free condition during the entire maintenance
period which begins at Completion and ends after five years. .

32.2.2 The routine maintenance standards shall meet the following minimum
requirements: -

i) Potholes on the road surface to be repaired soon after these appear or brought
to his notice either during contractor's monthly inspection or by the
Engineer.
ii) Road shoulders to be maintained in proper condition to make them free from
43
 excessive edge drop offs, roughness, scouring or potholes.
iii) Cleaning of surface drains including reshaping to maintain free flow of
water.
iv) Cleaning of culverts and pits for free flow of water.
v) Any other maintenance operation required to keep the road traffic worthy at all
time during the maintenance period.
vi) Removing the shrubs, grass, and branches of the trees over the formation
width of the road.
32.2.3 To fulfill the objectives laid down in sub clauses 32.2.1 and 32.2.2 above, the
Contractor shall undertake detailed inspection of the roads at least once in a month.
The Engineer can reduce this frequency in case of emergency. The Contractor
shall forward to the Engineer the record of inspection and rectification each
month. The Contractor shall pay particular attention on those road sections,
which are likely to be damaged or inundated during rainy season.
32.2.4 The Engineer may issue notice to the Contractor to carry out maintenance of
defects, if any, noticed in his inspection, or brought to his notice. The
Contractor shall remove the defects within the period specified in the notice and
submit to the Engineer a compliance report.
33. Uncorrected Defects
33.1 If the Contractor has not corrected a Defect pertaining to the Defect Liability
Period under clause 32.1.1 and clause 32.2.2 of these Conditions of Contract, to the
satisfaction of the Engineer, 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, on correction of the Defect.
D. Cost Control
34. Bill of Quantities
34.1 The Bill of Quantities shall contain items for the construction, installation,
testing, and commissioning, maintaining works, and lump sum figures for yearly
routine maintenance for each of the five years separately, to be done by the
Contractor.
34.2 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
for the construction of roads. The payment to the Contractor is
performance based for routine maintenance of roads.

35. Variations
35.1 The Engineer shall, having regard to the scope of the Works and the sanctioned
estimated project cost, have power to order, in writing, Variations within the scope
of the Works he considers necessary or advisable during the progress of the
Works. Such Variations shall form par t of the Contract and the Contractor shall
carry them out and include them in updated Programmes produced by the
Contractor. Oral orders of the Engineer for Variations, unless followed by written
confirmation, shall not be taken into account.

36. Payments for Variations

44
 36.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate. This shall apply for Variations only up to the
limit prescribed in the Contract Data. If the Variation exceeds this limit, the rate
shall be derived under the provisions of clause 36.3 for quantities (higher or lower)
exceeding the deviation limit.
36.2 If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall
derive the rate from similar items in the Bill of Quantities.
36.3 If the rate for Variation item cannot be determined in the manner specified in
Clause 36.1 or 36.2, the Contractor shall, within 14 days of the issue of order of
Variation work, inform the Engineer the rate which he proposes to claim,
supported by analysis of the rates. The Engineer shall assess the quotation and
determine the rate based on prevailing market rates within one month of the
submission of the claim by the Contractor. As far as possible, the rate analysis
shall be based on the standard data book and the current schedule of rates of the
district public works division. The decision of the Engineer on the rate so
determined shall be final and binding on the Contractor.

37. Cash Flow Forecasts

37.1 When the Programme is updated, the Contractor shall provide the Engineer with
an updated cash flow forecast.

38. Payment Certificates

38.1 The payment to the contractor will be as follows for construction work:

a) The Contractor shall submit to the Engineer fortnightly/ monthly

statements of the value of the work executed less the cumulative amount
certified previously supported with detailed measurement of the items of
work executed.

b) The Engineer shall check the Contractor's fortnightly/monthly statement

within 14 days and certify the amount to be paid to the Contractor.
c) T he value of work executed shall be determined, based on
measurements by the Engineer.

d) The value of work executed shall comprise the value of the quantities of the
items in the Bill of Quantities completed.

e) The value of work executed shall also include the valuation of Variations and
Compensation Events.

f) 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.

g) The payment of final bill shall be governed by the provisions of clause

50 of General Conditions of Contract.

38.2 The payment to the contractor will be as follows for routine maintenance of the
works:

a) The Contractor shall submit to the Engineer a bill every month for the
routine maintenance of the roads from the date the maintenance period starts
45
 i.e. from completion date as defined in Clause 1.1, it will be supported
with a copy of the record of contractor's monthly inspection and other
instructions received from the Engineer.

b) The payment will be made six-monthly for the monthly bills received
during the previous six-months.

c) If the bill for a month is not received from the contractor by the 10th day of
the succeeding month or/ and if the Engineer has not certified that the
contractor has carried out the maintenance work for defects brought to his
notice under clause 32.2.4 within specified period, no payment will become
due to the Contractor for that month.

d) If the Contractor has failed to carry out the maintenance with in the
period specified by the Engineer, no payment of any kind will be due to the
Contractor for that month.

39. Payments
39.1 Payments shall be adjusted for deductions for advance payments, security deposit,
other recoveries in terms of the Contract and taxes at source, as applicable under
the law. The Engineer shall pay the Contractor the amounts he had certified within
15 days of the date of each certificate.

39.2 The Employer may appoint another authority, as specified in the Contract Data (or any
other competent person appointed by the Employer and notified to the contractor) to
make payment certified by the Engineer.

39.3 Items of the Works for which no rate or price has been entered in the Bill of
Quantities, will not be paid for by the Employer and shall be deemed covered by
other rates and prices in the Contract.

39.4 Payment for the routine maintenance of the roads will be made half-yearly for the
satisfactory maintenance of the Works, certified by the Engineer and based on the
monthly bills submitted by the Contractor as per Clause 38.2 above.
40. Compensation Events
40.1 The following shall be Compensation Events unless they are caused by
theContractor:

a) The Engineer orders a delay or delays exceeding a total of 30 days. b)

The effects on the Contractor of any of the Employer's Risks.
40.2 If a Compensation Event would prevent the Works being completed before the
Intended Completion Date, the Intended Completion Date shall be extended. The
Engineer shall decide whether and by how much the Intended Completion
Date shall be extended.
41. Tax
41.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales
and other levies, duties, royalties, cess, toll, taxes of Central and State
Governments, local bodies and authorities that the Contractor will have to pay for
the performance of this Contract. The Employer will perform such duties in regard to
46
 the deduction of such taxes at source as per applicable law.
42. Currencies
All payments will be made in Indian Rupees (INR).
43. Security Deposit/Retention and release of performance security and
security deposit/Retention:
43.1 The Employer shall retain security deposit of five percent of the amount from each
payment due to the Contractor until completion of the whole of the
construction works. No security deposit retention shall be retained from the
payments for routine maintenance of works. In case, the contractor furnishes bank
guarantee for the amount equal to performance security of two and a half
percent retained from each payment due to contractor, the same amount shall be
repaid to the contractor subject to condition that the validity of bank guarantee is
as per provision of clause 46.2 of GCC.
43.2 On the satisfactory completion of the whole of the construction work half the total
amount retained as security deposit is repaid to the contractor, one- fourth of the
total amount retained as security deposit is repaid to the contractor at the end of 2nd
year after year after completion of the construction work and balance of the amount
retained as security deposit is repaid to the contractor at the end of 3rd year after
completion of the construction work subject to condition that the engineer has
certified that all defects notified by the engineer to the contractor before the end of
period prescribed for repayment have been corrected.
43.3 The additional performance security for unbalanced bids as detailed in clause 51 of
conditions of contract is repaid to the contractor when construction work is complete.

43.4 Performance security equal to the five percent (5%) of the contract price and
additional performance security for Routine maintenance as detailed in clause
51 of the Conditions of Contract is repaid to the contractor when the period of five
years fixed for Routine maintenance is over and the Engineer as certifies that
contractor has satisfactorily carried out the Routine maintenance of the works.

If the Routine maintenance part of the contract is not carried out by the
contractor as per this contract, the employer will be free to carry out the Routine
maintenance work and the amount required for this will be recovered from the
performance security available with the Employer and/ or from any amounts of the
contractor whatever is due.

43.5 If the contractor so desires then the Security Deposit can be converted into any
interest bearing security of scheduled commercial bank in the name of the
Employer or National Saving Certificates duly pledged in favour of the Employer
for Defect Liability Period.

44 Liquidated Damages
44.1 Both, the Contractor and the Employer have agreed that it is not feasible to
precisely estimate the amount of losses due to delay in completion of works and the
losses to the public and the economy, therefore, both the parties have agreed that
the Contractor shall pay liquidated damages to the Employer and not by way of
penalty, at the rate per week or part thereof stated in the Contract Data for the
period that the Completion Date is later than the Intended Completion Date.

47
 Liquidated damages at the same rates shall be withheld if the Contractor fails to
achieve the milestones prescribed in the Contract Data. However, in case the
Contractor achieves the next milestone the amount of the liquidated damages
already withheld shall be restored to the Contractor by adjustment in the next
payment certificate. The employer and the contractor have agreed that this is a
reasonable agreed amount of liquidated damages shall not exceed 10% of the
contract price. The employer may deduct liquidated damages from payments due
to the contractors. Payment of liquidated damages shall not affect the contractor’s
other liabilities.

44.2 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.

45 Advance Payment
45.1 On the request of contractor, the Employer will make the following advance
payment to the contractor against provision by the Contractor of an
Unconditional Bank Guarantee in a form and by a S ch edul ed C ommercial bank
acceptable to the Employer in amounts equal to the advance payment:

a. Mobilization advance up to five (5) percent of the contract price excluding

the contract price for routine maintenance.

b. Equipment Advance up to ninety (90) percent of the cost of the new

equipment brought to the site, subjects to maximum ten percent of the
contract price excluding the contract price for routine maintenance.
The guarantee shall remain effective until the advance payment has been repaid,
but the amount of the guarantee shall be progressively reduced by the amounts
repaid by the Contractor. Interest will not be charged on the advance payment.

45.2 The contractor is to use the advance payment only to pay the equipment, plat and
mobilization expenses required specifically for execution of works. The contractor
shall demonstrate that, the advance payment has been used in this way by
supplying the copies of invoices or other documents to engineer.

45.3 The advance payment shall be repaid by deducting proportionate amounts from
payments; otherwise due to contractor for the construction work, 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 the valuations
of work done, variations, price adjustments, compensation Events or liquidated
damages.

46 Securities
46.1 The Performance Security equal to five percent of the Contract Price and additional
security for unbalanced bids shall be provided to the employer. Out of total Performance
Security equal to five percent of contract price, half shall be delivered to the employer
no later than the dates specified in the letter of acceptance and shall be issued in the
form given in Contract Data, however, balance half Performance Security shall be
retained at the rate of two and a half percent of each payment due to the contractor
until completion of whole of the construction work.

48
 The Performance Security and additional Performance Security for maintenance shall
be valid until a date 45 days from the date of issue of certificate of completion
of construction work and maintenance work subject to the condition that if
the Performance Security is in the form of a Bank Guarantee, the period of
validity of Bank Guarantee could be one year initially, however, the contractor
would get this Bank Guarantee extended in such a way that an amount equal to five
percent of the contract price is always available with employer until 45 days after the
lapse of Defect Liability Period. If the contractor fails to maintain above
Performance Security, the Employer would recover the same from any dues payable
to the contractor.

47 Cost of Repairs
47.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Correction periods shall be remedied by
the Contractor at his cost if the loss or damage arises from the Contractor's acts or
omissions.

E. Finishing the Contract

48 Completion of Construction and Maintenance:

48.1 The Contractor shall request the Engineer to issue the certificate of Completion of the
Works, and the Engineer will do so upon deciding that the Works is completed.

48.2 The contractor shall request the Engineer to issue the certificate of Completion of the
Routine Maintenance and the Engineer will do so upon deciding that the Routine
Maintenance is completed.

49 Taking Over
49.1 The Employer shall take over the works within seven days of the Engineer's
issuing a certificate of Completion of works. The Contractor shall continue to
remain responsible for its routine maintenance during the maintenance period.

49.2 The Employer shall take over the maintained road within seven days of the
Engineer's issuing a certificate of Completion of Routine Maintenance.

50 Final Account
50.1 The Contractor shall supply the Engineer with a detailed account of the total
amount that the Contractor considers payable under the Contract before the end of
the Defects Liability Period. The Engineer shall issue a Defects Liability Certificate
and certify any final payment that is due to the Contractor within 42 days of
receiving the Contractor's account if it is correct and complete. If it is not, the
Engineer shall issue within 42 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 28 days of
receiving the Contractor's revised account. The payment of final bill for
construction of works will be made within 14 days thereafter.

50.2 In case the account is not received within 21 days of issue of certificate of the
completion as provided in clause 50.1 above, the Engineer shall proceed to
finalise the account and issue a payment certificate within 28 days. The
49
 payment of final bill for construction of works will be made within 14 days
thereafter.

50.3 The contractor shall supply the Engineer with detailed account of the total
amount that the contractor considers payable under the contract 21 days before the end
of Routine Maintenance period. The Engineer shall issue a Routine Maintenance
completion Certificate and certify any final payment that is due to the contractor
within 42 days of receiving the contractor's account if it is correct and complete/
If it is not, the Engineer shall issue within 42 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 28 days
of receiving the Contractor's revised account. The payment of final bills for
routine maintenance will be made within 14 days thereafter.

50.4 In case the account is not received within 21 days of issue of Certificates of
Completion as provided in clause 50.3 above, the Engineer shall proceed to
finalise the account and issue a payment certificate within 28 days. The
payment of final bill for routine maintenance will be made within 14 days
thereafter.

51 Operating and Maintenance Manuals

51.1 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.

51.2 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.

52 Termination
52.1 The Employer may terminate the Contract if the Contractor causes a
fundamental breach of the Contract.

52.2 Fundamental breaches of Contract shall include, but shall not be limited to, the
following:

a) 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;

b) the Contractor is declared as bankrupt or goes into liquidation other than

for approved reconstruction or amalgamation;

c) 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;

d) the Contractor does not maintain a Security, which is required;

e) the Contractor has delayed the completion of the Works by the number of
days for which the maximum amount of liquidated damages can be paid, as
defined in clause 44.1;

50
 f) the Contractor fails to provide insurance cover as required under clause 13;

g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt
or fraudulent practice in competing for or in executing the Contract. For
the purpose of this clause, "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 Employer and includes collusive practice among Bidders
(prior to or after bid submission) designed to establish bid process at
artificial non-competitive levels and to deprive the Employer of the benefits
of free and open competition.
h) if the Contractor has not completed at least thirty percent of the value of
construction Work required to be completed after half of the
completion period has elapsed;
i) if the Contractor fails to set up a field laboratory with the prescribed
equipment, within the period specified in the Contract Data; and
j) any other fundamental breaches as specified in the Contract Data.
k) If the contractor fails to deploy machinery and equipment or personnel as
specified in the Contract Data at the appropriate time.
52.3 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
52.4 If the Contract is terminated, the Contractor shall stop work immediately, make the
Site safe and secure, and leave the Site as soon as reasonably possible.
53 Payment upon Termination
53.1 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 and
materials ordered less liquidated damages, if any, less advance payments received
up to the date of the issue of the certificate and less the percentage to apply to the
value of the work not completed, as indicated in the Contract Data. If the total amount
due to the Employer exceeds any payment due to the Contractor, the difference shall
be recovered from the security deposit and performance security. If any amount
is still left un- recovered it will be recovered from any dues payable to the
contractor from State PMGSY works, any other State Government works
including State Public Sector works executed by the contractor.
53.2 If the Contract is terminated at the Employer's convenience, the Engineer shall
issue a certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works, and the Contractor's costs of protecting and securing the Works and less
advance payments received up to the date of the certificate, less other recoveries due
in terms of the Contract, and less taxes due to be deducted at source as per
applicable law.

53.3 The full/part security deposit shall be forfeited as per the decision of the

51
 employer.

54 Property
54.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer for use for completing balance
construction work if the Contract is terminated because of the Contractor's
default, till the Works is completed after which it will be transferred to the
Contractor and credit, if any, given for its use.

55 Release from Performance

55.1 If the Contract is frustrated by the outbreak of war or by any other event
entirely outside the control of 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 a commitment was made.

F. Other Conditions of Contract

56 Labour

56.1 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, housing, feeding and transport.

56.2 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.

57 COMPLIANCE WITH LABOUR REGULATIONS

57.1 During continuance of the Contract, the Contractor and his sub Contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications 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 notification 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 construction
industry are given in Appendix to Part I General Condition of Contract. 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 f or non-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 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.
52
 The employees of the Contractor and the Sub-Contractor in no case shall be treated
as the employees of the Employer at any point of time.

58 Drawings and Photographs of the Works

58.1 The contractor shall do photography/video photography of the site firstly before the
start of the work, secondly mid-way in the execution of different stages of work and
lastly after the completion of the work. No separate payment will be made to the
contractor for this.

58.2 The Contractor shall not disclose details of Drawings furnished to him and works
on which he is engaged without the prior approval of the Engineer in writing. No
photograph of the works or any part thereof or plant employed thereon, expect
those permitted under clause 58.1, shall be taken or permitted by the Contractor to be
taken by any of his employees or any employees of his sub-Contractors without
the prior approval of the Engineer in writing. No photographs/ Video photography
shall be published or otherwise circulated without the approval of the Engineer in
writing.

59 The Apprentices Act 1961

59.1 The Contractor shall duly comply with the provisions of the Apprentices Act
1961 (III of 1961), the rules made there under and the orders that may be issued
from time to time under the said Act and the said Rules and on his failure or
neglect to do so he shall be subject to all liabilities and penalties provided by the
said Act and said Rules

Contract Data to General Conditions of Contract

Clause Reference

Items marked "N/A" do not apply in this Contract.

1. The Employers is : Chief Engineer (Communication) RCD, Ranchi. [Cl.1.1]

Designation : Chief Engineer (Communication) RCD, Ranchi.

Address : 1st Floor, Engineer’s Hostel No.-02, Dhurwa, Ranchi -

834004

Phone No (s) : Office – 0651-2400210

Name of authorized Representative (s)

2. The Engineer is : Executive Engineer, RCD, Road Division, LOHARDAGA.

Designation : Executive Engineer, RCD, Road

Division, LOHARDAGA.

Address : Road Division LOHARDAGA.

53
 Telephone No. : 7250613333
The contact person is : ……………………..
Facsimile (Fax) No. :

Electronic mail Identification (e-mail ID): …………………….. [Cl.1.1]

3. The Intended Completion Date for the whole of the Works is 18 Months (EIGHTEEN
Months) including rainy season after start of work.
[Cl.1.1, 17 & 27]

4. Routine Maintenance during five years after the completion date is defined as follows :

Maintenance operations during the period of 5 years shall be based on Chapter 11

of Rural Roads Manual (IRC:SP:20:2002). Its specific provisions are: -

i) Clause 11.2, ibid, explains the various types of distress/defects of pavements.

For example, cracks, raveling, rutting, potholes

ii) Clause 11.3, ibid, defines different maintenance activities. For example, fog seal,
bituminous surface treatment,

iii) Clause 11.4, ibid, suggests planning of maintenance routine.

iv) Clause 11.5 and Clause 11.6 (a), ibid, define preventive and corrective
maintenance, and classify activities of routine maintenance and repairs.

v) Clause 11.7, ibid, discusses in details the assessment of defects and

maintenance measures for sealed roads, roads with rigid / RCCP and Roads with
special pavement.
(Note: A periodical renewal is not par t of routine maintenance).
vi) Periodicity of Routine Maintenance Activities

Sr. Name of Item Frequency of operations in the

No. year
1 Restoration of rain cuts and dressing of berms as Once, generally after rains (In
per clause 1902 of the specifications. case of areas having rainfall more
than 1500 mm per year, as and
when required.)

2 Making of shoulder as per clause 1903 of the As and when required.

specifications

3 Maintenance of bituminous surface road and/ or

gravel road and/ or WBM road including filling pot As and when required.
holes and patch repairs as per clause 1904,
1905 and 1906 of the specifications.

4 Maintenance of drains as per clause 1907 of the Twice (In case of hill roads as and
specifications when required.)

5 Maintenance of culverts and causeways as per Twice (In case of hill roads as and
clause 1908 and 1909 of the specifications. when required.)

54
6 Maintenance of road signs as per clause 1910 of Maintenance as and when required.
the specifications. Repairing once in every two years.

7 Maintenance of guardrails and parapet rails as per Maintenance as and when required.
clause 1911 of the specifications. Repairing once in a year.

8 Maintenance of 200 meter and kilometer stones as Maintenance as and when required.
per clause 1912 of the specifications. Repairing once in a year.

9 White washing guard stones Twice

10 Re-fixing displaced guard stones Once

11 Cutting of branches of trees, shrubs and Once, generally after rains (In case
trimming of grass and weed as per clause of areas having rainfall more than
1914 of the specifications. 1500 mm per year, as and when
required.)

12 White washing parapets of C.D. works Once

vii) Appendix 11.3, ibid, covers the special problems of Road Maintenance in Heavy
Rainfall / Snow fall areas.

viii) Appendix 11.4, ibid, explains the nature of duties in maintenance of shoulders,
drainage structures and causeways.

5. The Site is located at km as shown in Volume-II drawings. [Cl.1.1]

6. The Start Date shall be 10 days after the date of issue of Notice to proceed
with the work [Cl.1.1]

7. (a) The name and identification number of the Contract is : [Cl.1.1]

(b) The Works consist of : Const. & Maint of roads as mentioned in ITB [Cl.1.1]

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 bituminous
pavements remodeling/construction of junctions, intersections, supplying and placing of
drainage channels, flumes, guard posts and other related items; construction/ extension
of cross drainage works, bridge, approaches and other related items; road markings, road
signs and kilometer/hectometer stones; protective works for roads/ bridges; 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 works in accordance with the Drawings and provisions of the
contract to ensure safety and planting of trees along the roads.
B. C.D. Works including bridges
Site clearance; setting out, provision of foundations, piers abutments and bearings; pre-
stressed/reinforced cement concrete superstructure; wearing coat, hand railings, expansion

55
 joints, approach slabs, drainage spouts/down-take pipes, provision of suitably designed
protective works; providing wing/return walls; provision of road markings, road signs ;
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 and other 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 ensure safety.
C. Maintenance and Other Items:
As required to fulfill all the contractual obligations as per the Bid documents.
8. Section completion is not permitted. [Cl 2.2]
9. The following documents also form part of the Contract: [Cl.2.3(11)]
i) Specification of Roads & Bridges (5th edition of MORT&H)
ii) Relevant manual of IRC / MORT&H. (Latest Edition)
iii) All documents submitted with tender and any other clarification submitted thereafter

10. (a) The law which applies to the Contract is the law of Union of India. [Cl.3.1]

(b) The language of the Contract documents is English [Cl.3.1]

11. The Schedule of Other Contractors is attached, if available. [Cl. 8.1]

12. A. The Technical Personnel for construction work are: [Cl. 9.1]

Technical Personnel Number Experience in Road

Works
i). Degree Holder in Civil Engineering As per As per Appendix to ITB
Appendix to
ii). Diploma Holder in Civil Engineering ITB

For field testing laboratory:

Technical Personnel Number

i). Degree Holder in Civil Engineering As per Appendix to ITB

ii). Diploma Holder in Civil Engineering

For routine maintenance:

Technical Personnel Number Experience in Road

Works
A. Degree Holder in Civil As per Appendix to ITB As per Appendix to ITB
Engineering

B. Diploma Holder in Civil

Engineering

56
 13 (a) Amount and deductible for insurance are: [Cl. 13.1]
• 2% of contract price for Clause 13(a)
13 (b) Amount and deductible for insurance [Cl. 13.3 (a)]
• 2% of contract price for Clause 13(b)

14 Site investigation report [Cl.14.1]

15 The key equipment's / machinery for the construction work shall be : [Cl.16.2]

Sr. No. Name of Equipment / Machinery Quantity

1 As prescribed in ITB Cl.4.4.B.(b)(i)

16 (a) competent authorities are : [Cl. 24.1]

● Superintending Engineer : With powers upto Rs 1.00 Lacs

● Chief Engineer (Comm.) RCD : With powers above Rs 1.00 Lacs

17 (a) The period for submission of the programme for approval of Engineer shall be 7 days
from the date of signing the contract [Cl.26.1]

(b) The updated programme shall be submitted at interval of 30 days [Cl.26.3]

(c) The amount to be withheld for late submission of an updated [Cl.26.4]
Programme shall be Rs. 10,000.00 (Rs. Ten thousand) per day
after expiry of designated date for submission of updated
programme.
18 The key equipment's for field laboratory shall be :

Sr. No. Name of Equipment / Machinery Quantity

1 As prescribed in ITB Cl.4.4.B.(b)(i)

19 The percentage of Variation of items of work for which there shall be no increase in
rates shall be without any limit [Cl 36.1]
20 The authorized person to make payments is Executive Engineer, RCD, Road Division
LOHARDAGA. [ Cl.39.2]

21 (a) Milestones to be achieved during the contract period

1) 1/8th of the value of entire contract work up to 1/4th of the period allowed for
completion of construction
2) 3/8th of the value of entire contract work up to ½ of the period allowed
f or completion of construction

57
3) 3/4th of the entire contract work - up to ¾th of the period allowed for
completion of construction
(b) Amount of liquidated damages for delay For Whole of work 1 percent of
in completion of works the Initial Contract Price, rounded off
to the nearest thousand, per week.
( c) Maximum limit of liquidated damages for 10 percent of the Initial Contract
delay in completion of work Price rounded off to the nearest
thousand.
[Cl.44.1]

22 The standard form of Performance Security acceptable to the Employer shall be an

unconditional Bank Guarantee of the type as presented in the Bidding Documents.
[Cl.46.1]

23 (a) The Schedule of Operating and Maintenance Manuals in 2 sets will be 28 days after

issue of certificate of completion [Cl.51.1]

(b) The date by which "as-built" drawings (in scale as directed) in 2 sets are required
is within 28 days of issue of certificate of completion of whole or section of the work, as
the case may be. [Cl.51.1]

24 The amount to be withheld for failing to supply "as-built" drawings by the date required is Rs
0.5% of the Contract Price [Cl.51.2]

25 (a) The period for setting up a field laboratory with the prescribed equipment is 15 days from
the days from the date of notice to start work [Cl.52.2 (i)]

(b) The following events shall also be fundamental breach of contract:

"The Contractor has contravened Clause 7.1 and Clause 9 of Pa r t-I of General Conditions of
Contract [Cl.52.2 (j)]

26 The percentage to apply to the value of the work not completed representing the
Employer's additional cost for completing the Works shall be 20 percent. [Cl.53.1]

58
 Appendix to Part I - General Condition of Contract
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE
TO ESTABLISHMENT ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORKS:

(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 the
prescribed minimum years (say five years) of service or more or on death. The rate of
prescribed minimum days' (say, 15 days) wages for ever y completed year of service. The Act
is applicable to all establishments employing the prescribed minimum number (say, 10) or
more employees.
(c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say,
10% or 8.33%). The benefits payable under the Act are:
i) Pension or family pension on retirement or death as the case may be. ii)
Deposit linked insurance on the death in harness of the worker.
iii) Payment of P.F. accumulation on retirement/death
(d) Maternity Benefit Act 1951 : - The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage
(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 prescribed minimum
(say 20) or more contract labour.
(f) Minimum Wages Act 1948: - The Employer is 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 buildings, roads, and runways are
scheduled employment.
(g) Payment 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 Remuneration 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 matters of transfers, training and promotions
(i) Payment of Bonus Act 1965:- The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of
annual bonus within the prescribed range of percentage of wages to employees

59
 drawing up to the prescribed amount of wages, calculated in the prescribed manner. The Act
does not apply to certain establishments. The newly set-up establishments are exempted for
five years in certain circumstances. States may have different number of employment
size.
(j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes illegal 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 prescribed minimum (say, 100, or 50). The Act provides for
laying down rules governing the conditions of employment by the Employer on matters
provided in the Act and gets these, certified by the designated Authority.
(l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade unions
of workmen and Employers. The Trade Unions registered under the Act have been 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 processes and provides for
regulations 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
prescribed minimum (say, five) 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, in an
establishment to which this Act becomes applicable, are required to be provided certain
facilities such as Housing, Medical-Aid, Travelling expenses from home up to the
establishment and back
(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 construction work and employ the prescribed minimum
(say 10) or more workers are cove r e d under t h is Act. All s u c h 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
work place. The Employer to whom the Act applies has to obtain a registration certificate
from the Registering Officer 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 the prescribed minimum (say,
10) persons or more with aid of power or another prescribed minimum (say, 20) or more
persons without the aid of power engaged in manufacturing process.

60
 Section 4.
Conditions of Contract
Part – II Special Conditions of Contract
1. The special conditions of contract shall prevail over general condition of contract and
are amendments and addition to the general conditions.

2. Month & year and all dated shall be calculated according to the Gregorian calendar.
Time referred to shall be Indian Standard Time (IST).

3. During the Contract inclusive of the lean period, the contractor shall take up first of all the
cross drainage works such as RCC Bridges /Causeways/Culverts/Hume Pipe culverts etc.
of the contract so as to finish at least unto the bed level and the programme to be submitted
as per Clause 26 of G.C.C. Part-I will explicitly incorporate this. This provision does not
prohibit the contractor to take up other works of the contract simultaneously during the periods
as per direction to the Engineer.

4. The contractor shall at all times during the continuance of the contract comply fully with all
existing acts, regulations and bye-laws including all statutory amendments and re-enactment of
state or central Government and other local authorities and any other enactment notification and
acts that may be passed in future either by the state or the central Government or local authorities
including Indian Workmen’s Compensation Act, contract Labour (regulation & abolition) Act
1970 and Equal Remuneration Act 1976, Factories Act, Minimum Wages Act, Provident Fund
regulations, Employees Provident Fund Act and schemes made under same Act, Health and
Sanitary Arrangements for workmen, Insurance and other benefits, Motor Vehicles Act, Forest
conservation Act 1980, Labour Laws, Mining Act, Explosive Act etc, and shall keep the
Employers indemnified in case any action is commenced for contravention by the contractor. If
the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or
observe or for non-on the part of the contractor the Engineer shall have the right to deduct from
any money due to the contractor, or his amount of guarantee or recover from the Contractors
personally any sum required or estimated to be required for making good the loss or damage
suffered by the Employer. The Contractor shall be governed by and construed in accordance with
the law of India and no suit or other proceeding relating to the Contract shall be filed or taken by
the Contractor in any court of law except in Ranchi, Jharkhand (India) which shall have
exclusive jurisdiction to hear and determine all actions and proceedings in connection with and
arising out of the Contract and the Contractor shall submit to the jurisdiction of the aforesaid
court of law for the purpose of any such actions and proceedings

5. Advance

No advance shall be granted on any piece of plant and equipment considered by the
Engineer to equipment with a value of less than Rs. 50,000/- (Fifty thousand). No advance for
plant and equipment shall be granted after 6 months from the date of notice to proceed with the
work. If the circumstances are considered reasonable by the Employer, the period may be
extended.

The Contractor shall have to submit a bank guarantee by a bank acceptable to the
Employer of an amount equal to 100% of the advance, such bank guarantee to remain effective
until the advance has been completely repaid by the Contractor out of current earning under the

61
 Contract and certified accordingly by the Engineer, A form of bank guarantee acceptable to the
Employer is indicated in Section-8.

6. When two or more Contractors are engaged on work in the same vicinity, they shall
work together in a spirit of cooperation and accommodation. The Contractor shall not take any
steps or actions that may cause disruptions, discontent or disturbance to the works, labour and
arrangements of other Contractor in neighbouring and the project localities. In case of any
difficulties amongst the Contractors, the Engineer shall direct the manner in which the
/Contractor shall conduct his work so far as it affects the other.

7. It shall be the responsibility of the Contractor to notify the Insurance Company of any
change in the nature and extent of the works and to ensure the adequacy of the insurance cover
at all times during the duration of the Contract. On the occurrence of an accident arising out of
the works which results in death or which is so serious as to be likely to result in death, the
contractor shall within 24 hours of such accident, report in writing to the Engineer, the facts
stating clearly and in sufficient details the facts and circumstances of the accidents and the
action taken.

8. USE OF EXPLOSIVE

Except as may be provided in the Contract or ordered or authorized by the Engineer, the
Contractor shall not use explosives. Where the use of explosives is so provided or ordered or
authorized, the Contractor should comply with the requirement of the following sub-clauses of
this clause besides the law of the land as applicable.

(i) The Contractor shall at all times take every possible precaution and shall comply with the
appropriate laws and regulation, storage and use of explosives and shall at all times, when
engaged in blasting operations, post sufficient warning flagmen to the full satisfaction of the
Engineer.

(ii) The Contractor shall at all times make full liaison with and inform well in advance and obtain
such permission as is required from all Government authorities, public bodies and private parties
whatsoever concerned or affected by blasting operations.

(iii)The Contractor shall pay all license fees and charges which may be required for storage or in
respect of any other matter whatsoever. All works shall be carried out without any unreasonable
noise and disturbance. The Contractor shall indemnify and keep indemnified the Employer from
and against any liability for damages on account of noise or other disturbance created while
carrying out the work and from and against all claims, demands proceedings, damages, costs,
charges and expenses whatsoever in regard to or in relation to such liability.

9. The contractor must maintain a site order book at each work site which will be produced
when asked for by the Employer/Engineer’s officers for needful. Any order or instruction
passed on the site order book by the inspecting officer should be communicated to the Engineer
of the work. The site order book may be submitted to the Engineer with running on account
bills, if needed, but must be submitted with final bill.

62
 10. The contractor should always remain available at the works site but where it is not
possible for him, he must appoint a representative who would be duly authorised by the
contractor to receive instructions and carry out instructions of Employer/Engineer’s officers,
and also to receive letters he may delegate him any other powers as he thinks fit, but in every
case he will inform immediately to the concerned Engineer.

11. The contractors shall rectify at his own cost if in case material supplied and/or works
performed is found to be defective during checking and liability period.

12. The contractor shall be responsible for paying royalty of Mines materials and shall
submit from “M” & “N” duly filled up as per Mines & Mineral Act, 1972 to the Engineer along
with monthly statements of value of work executed.

13. All equipment, plants shall be of proven efficiency and shall be operated and
maintained at all times in a manner acceptable to the Engineer.

14. No equipment or personnel will be removed from worksite without permission of the
Engineer.

63
 SECTION – V

Specifications
Guidelines:
1. The specifications for the works under this contract will be as per publication entitled
"Ministry of Road Transport and Highways - Specification for Roads and Bridges, 5 th
Revision" published by Indian Road Congress which shall form the part of this agreement.

2. For items not covered in "Ministry of Road Transport and Highways - Specification for
Roads and Bridges, 5 th Revision" either BIS Specifications or Specification prescribed by
the State Government or Ministry of Rural Development, specification for rural roads or sound
engineering practice, as determined by the Engineer in that order shall be followed.

3. Particular Specifications:-

For items whose specifications given in "Ministry of Road Transport and Highways -
Specification for Roads and Bridges, 5 th Revision" need changes partly or wholly due to
local conditions, the respective clauses are to be suitably modified to the extent felt
necessary giving clause wise description of modifications under this head.

Clauses :

i)

ii)

iii)

64
 Drawings
Note: - The drawings, standards and guidelines of the Rural Roads MORT&H / IRC and all
approved drawings.

65
 SECTION – VI
For m of Bid

Notes on Form of Bid

The Bidder shall fill in and submit this Bid form with the Bid.

Date :
To
Chief Engineer (Communication)
RCD, Jharkhand, Ranchi.

Description of the Works : - H.L. Bridge over Koyal River in Bhandra-

Baxidipa-Senha Road and H.L. Bridge over
Shankh River in 2nd KM of Patratoli to
Manho Road.

Identification Number of the Works Package No. : RCPLWEA/BRIDGE/11(2nd Call)

1 I/ we offer to execute the works described above and remedy any defects therein, and
carry out the routine maintenance in conformity with the Conditions of Contract,
specifications, drawings, Bill of Quantities and Addenda.

2 We undertake to commence the works on receiving the Notice to Proceed with work in
accordance with the contract documents.

3 This Bid and your written acceptance of it shall constitute a binding Contract between us. We
understand that you are not bound to accept the lowest or any Bid you receive.

We hereby confirm that this Bid complies with the Bid validity and Earnest money
required by the bidding documents and specified in the Appendix to ITB.

Name of Bidder : _____________________________________________________

Authorised Address of Communication :

Telephone No.(s) Office :

Mobile No. :

Facsimile (Fax) No. :

Electronic Mail Identification (E-mail ID) :

66
 SECTION - VII
Bill of Quantities
Preamble

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

2.1 For the construction of works, the quantities given in the Bill of Quantities are
estimated, 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.

(a) at the rates and prices tendered in the Bill of Quantities in the case of item rate
tenders; and

(b) at percentage rate above or below or at par of the Schedule of Rates as tendered
by the contractor.

2.2 For the routine maintenance of roads, there is lump sum provision for each year of
maintenance. The payments will be based on satisfactory performance of routine
maintenance activities.

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, labour, supervision,
materials, erection, maintenance, insurance, profit, taxes and duties, together with all
general risks, liabilities and obligations set out in the Contract.

4 Arithmetic errors will be corrected by the Employer pursuant to Clause 26 of the

Instructions to Bidders.

5 When percentage rate tenders are invited, the Bill of Quantities will show in the bidding
documents the rates used for different items.

Bill of Quantities for Percentage rate bids

67
Sr. Description of item (with Quantity Unit Rate Amount
No. brief specification and
reference to book of
specification)

1 A) Work Portion As Separately attached

2 B) Routine maintenance after As Separately attached

completion of construction
works.

Signature

Notes :

1 The Schedule of rate is the schedule (Bill of quantities) given above for work portion & for
maintenance. Contractor shall quote his offer on the grand total for work portion & maintenance.

2 Wherever there is any discrepancy between the rate entered in the Bill of Quantities and the
Schedule of Rates as per Note 1 above, the rate of Schedule of Rates will apply.

68
 SECTION -
VIII
Letter of Acceptance and Other For ms
Standard For ms
(a) Letter of Acceptance

Notes on Standard Form of Letter of Acceptance

The Letter of Acceptance will be the basis for formation of the Contract as
described in Clauses 31 and 32 of the Instructions to Bidders. This Standard Form of
Letter of Acceptance should be filled in and sent to the successful Bidder only after
evaluation of bids has been completed and approval of the competent authority has been
obtained.

Date :
To :

69
 [Name of the Contractor]

[Address of the Contractor]

This is to notify you that the Employer, namely, _____________________

_______________________ has accepted your Bid dated _________________ for
execution of the ____________________________________________ [name of the
Contract and identification number, as given in the Contract Data] and routine maintenance
of the works for five years for the Contract Price of Rupees
___________________________________________________[amount in figures and
words] as corrected and modified* in accordance with the Instructions to Bidders is hereby
accepted by our Agency.

You are hereby requested to furnish Performance Security, (and additional security for
unbalanced bids in terms of ITB Clause 27.3 and clause 27.4,) [where applicable} in the form
detailed in Cl. 32 of ITB for an amount of Rs. ____________ within 10 days of the receipt of
this letter of acceptance valid up to 45 days from the date of expiry of Defects Liability Period
i.e. up to ______________ and sign the contract, failing which action as
stated in Cl. 32.3 of ITB will be taken.
Yours faithfully,
Authorized Signature: _______ ___ ____ ______ ___ ____ Name and
Title of Signatory: _______ ___ ____ ______ ___ ____ Name of
Agency: _______ ___ ____ ______ ___ ____
Attachment:
* Delete "corrected and" or "and modified" if only one of these action applies. Delete "as
corrected and modified in accordance with the Instruction to Bidders" if corrections or
modifications have not been effected.

(b) Issue of Notice to proceed with the work

(Letter head of the Employer)

————— (Date)
To

———————————————— (Name and address of the Contractor)

————————————————

————————————————

Dear Sirs:

Pursuant to your furnishing the requisite performance security as stipulated in ITB Clause
70
32.1 and signing of the contract for the construction of ————————————
——————, 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)

(c) Standard Form of Agreement

71
 Notes on Standard Form of Agreement
The Agreement should incorporate any corrections or
modifications to the Bid resulting from corrections of errors
(Instructions to Bidders, Clause 26).

Standard Form : Agreement

Agreement

This agreement, made the ___________________day of _________________20_______

between____ ___ ______ ___ ____ ______ ___ ____ ______ ___ __
_______________________________________________________________ [name and address
of Employer’s representative] (hereinafter called “the Employer’s Representative”) of the one part,
and

[Name and address of Contractor] (hereinafter called “the Contractor” of the other par t). Whereas

the Employer is desirous that the Contractor execute __________________

[name and identification number of Contract] (hereinafter 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 Rupees_________________

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions 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 and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all aspects with the
provisions of the Contract.

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 the 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.

72
4. The following documents shall be deemed to form and be read and construed as par t of this
Agreement, viz:

i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor's Bid;
iv) Contract Data;
v) Special Conditions of contract and General Conditions of Contract;
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming par t of the contract.

In witness whereof the parties thereto 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 _____________________

73
(d) FORM OF BANK GUARANTEE (UNCONDITIONAL) FROM A SCHEDULED
BANK AS EARNEST MONEY

(To be stamped in accordance with the Stamp Act, if any)

WHEREAS ..............................................................................................…...(Name of Bidder)

(Hereinafter called the Bidder) has submitted his Bid dated.....................................for the construction of
............................................................................................……….......(Name of work)
KNOW ALL MEN by these presents that We (Name of Bank).......................................................

a) Having our registered office at ................................................(hereinafter called "the Bank")

are bound to Executive Engineer, RCD, Road Division ....................................(hereinafter
called the "the Employer’s representative) in the sum of Rs.
........................................................(Rs..........................)* for which payment well and truly to
be made to “Executive Engineer, RCD, Road Division…………..” the Bank binds itself, his
successors and assign these presents.

SEALED with the common seal of the said Bank this day of ................................20…...

THE CONDITIONS of this obligation are:

1. If after Bid opening the Bidder withdraws or modified hid Bid during the period of Bid validity
specified in the Bid/Tender Document, or

2. If the Bidder having been notified of the acceptance of his Bid/Tender by the Employer during the
period of Bid Validity:

a) fails or refuses to execute the Form of Agreement in accordance with the Instruction to
Bidders, if required, or
b) fails or refuses to furnish the performance Security, in accordance with Instructions to
Bidders.
c) does not accept the correction of the Bid Price pursuant to Clause 26.

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 the amount claimed by him is due to him owing to the occurrence of one or
both of the two conditions, specifying the occurred conditions(s).

74
 This guarantee will remain in force unto and including the date (................................)**
mentioned in NIT/ITB or as it may be extended by the Employer’s representative, notice of which
extension(s) to the Bank is hereby waived, and any demand in respect the RCD of this guarantee should
reach the Bank not later than the above date.

SIGNATURE OF AUTHORISED

OFFICER OF THE BANK

DATE :

WITNESS :

SIGNATURE : NAME :

NAME : DESIGNATION :

ADDRESS : SEAL :

*The Bidder should insert the amount of the guarantee in words and figures denominated in Indian
Rupees. This figure should be same as shown in Notice inviting Tender/ Instruction to Bidder.

** As per NIT/ITB, validity shall be upto 180 days from date of opening of tender (Technical Bid)
which is ..........................

75
(e) FORM OF BANK GURANTEE (UNCONDITIONAL) FROM A SCHEDULED BANK
FOR PERFORMANCE GURANTEE

(To be stamped in accordance with the Stamp Act, if any)

To

The Executive Engineer,

RCD, Road Division ……………………..

WHEREAS…………………………………………… (Name and Address of the Contractor)

(Hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance to the
contractor to execute the contract for construction .................................................…………………….

..........................................................(name of work) under Pradhan Mantri Gram Sadak Yojana

(PMGSY) (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
this obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractor 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) Rs..............................(in words
.................................................................................................)*** such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay “Executive
Engineer, RCD, Road Division …………..”, upon your first written demand and without cavil and
argument, any sum or sums within the limits (amount of guarantee) Rs.......................................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 demanding the said debt from the Contractor before presenting us
with the demand.

76
We further agree that no change or addition to or other modification of the terms of the contract or of
the works to be performed there under or of any of the Contract Documents which may be made
between you 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 modification.

This Guarantee shall be valid until the date of issue of the Defects Liability Period that is 180 days
after completion of work.

Signature and Seal of the Contractor……………………………….

Name of Bank……………………………………………………….

Address……………………………………………………………..

Date…………………….

***An amount in Rupees is to be inserted by the Guarantor, representing the percentage of the
Contract Price specified in the Contract.

77
(f) FORM
OF BANK GUARANTEE (UNCONDITIONAL) FROM A
SCHEDULED BANK FOR ADVANCE PAYMENT
(To be stamped in accordance with the Stamp Act, if any)

To:

The Executive Engineer,

RCD, Road Division ……………..

[Address of Employer’s Representative]

[Name of Contractor]

Gentlemen:

In accordance with the provisions of the Conditions of Contract, Clause 45 ("Advance Payment") of
the above-mentioned Contract, _________________________ [name and address of Contractor]
(hereinafter called "the Contractor") shall deposit with ________________________ [name of
Employer’s Representative] a bank guarantee to 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 or 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’s Representative] on his first
demand without whatsoever right of objection on our part and without his first claim to the
Contractor, in the amount not exceeding ______________________________ [amount of guarantee]
___________________[in words].

We further agree that no change or addition to or other modification of the terms of the Contract or
of Works to be performed there under or of any of the Contract documents which may be made
between _______________________ [name of Employer’s Representative] 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 modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract until________________________ [name of Employer’s Representative] receives full
repayment of the same amount from the Contractor.

Yours truly,

Signature and seal: _____________________________

Name of Bank/Financial Institution:________________

Address:______________________________________

Date:________________________________________

78
79
Abbreviations

BIS : Bureau of Indian Standards NP3 : Non Pressure pipes

BOQ : Bill of Quantities Specified by BIS
CD : Cross Drainage ODR : Other District Road
CRMB : Crumb Rubber Modified Macadam OPC : Ordinary Portland Cement
Cu. M. : Cubic Meter PBL : Protected Bed Level PCC
EE : Executive Engineer : Plain cement Concrete
GCC : General Conditions of Contract PMGSY : Pradhan Mantri Gram
GSB : Granular sub Base Sadak Yojana
HM : Hard Murum PWD : Public works Department
HYSD : High Yield strength Deformed RCC : Reinforced Cement
INR : Indian Rupee Concrete
ITB : Instructions to Bidders RS : Rapid setting
Kg : Kilogram SH : State Highway
KN : Kilo Newton SP : Special Publication
l : Liter SWG : Sheet Wire Gauge VR
m : Meter : Village road
mm : Mili Meter RRM Rural Road Manu
MDR : Major District Road
MH : Jharkhand
MORD : Ministry of Rural Development
MPM : Modified Penetration Macadam
NIT : Notice inviting Tender
NRRDA : National Rural Road Development
Agency
OMC : Optimum Moisture Content
PAC : Project Approved cost
Sq. m : Square Meter
SE : Superintending Engineer
SS : Slow Setting
WBM : Water Bound Macadam
BT : Black Topping
CC : Cement Concrete
DLC : Dry Lean Concrete
GI : Galvanized Iron
GL : Ground Level
IRC : Indian road Congress
IS : Indian standard
MS : Mild steel

80
Name of Works :- …………………………………

I /We hereby declare that I / We have made myself / ourselves thoroughly conversant with the local
conditions regarding all materials and lab our on which I / We have based my/our rates for this Bid
Document. The specifications and leads on this work have been carefully studied and understood
before submitting this Bid Document. I /We undertake to use only the best materials approved by
Executive Engineer on his duly authorized assistant during execution of the work and to abide by the
decision.

81
 Decisions on Check list for preparing the Bidding Documents for PMGSY
Works in Jharkhand State
The point wise comments on the check list are listed below:-
1. On whose behalf are the tenders to be The tenders shall be invited on
invited? Designation of the Employer on behalf of the Governor of
whose behalf, the bid is invited. Also decide Jharkhand State. The Chief
who is his authorized representative? Engineer (Communication),
RCD, Jharkhand, Ranchi under
Road Construction Department
shall be the Employer. The
authorized representative of
Employer shall be the respective
Executive Engineer, RCD, Road
Division, LOHARDAGA.

2. Who is the tender inviting authority? The Chief Engineer

(Communication), RCD,
Jharkhand, Ranchi shall be the
tender inviting authority.

3. What is the percentage of the estimated 2.00 %

cost of works for the Earnest money?
(Two percent)
(Usually it is two percent, rounded off to the
nearest thousand.)

4. Whether down loading of bidding Presently down loading on

documents from the internet is allowed? Internet is possible.

5. Whether the bidding documents will be Presently down loading on

placed on the internet for viewing? Internet is possible.

6. What will be the period of bid validity? 120 (One hundred twenty) days.

7. Whether pre-bid meetings will be held?

8. Who are eligible contractors? The contractors registered in

appropriate classes under
RWD/RDD/RCD/PWD(Roads)
under any State Government /
Central Government / MES

82
9. Who are exempted from submitting
earnest money? None

10. Whether percentage rate or item rate Percentage rate tender shall be
tender will be invited? invited on the basis of duly
approved RCD Schedule of rate
prevailing in the state.

11. Price of tender documents

Rs.10,000.00 (Ten thousand)
12. Extra charges for sending the bidding Not Applicable
documents by mail

13. Whether any of the sub-clauses of No amendment required.

Clause 4.2 of the Instructions to Bidders is
to be amended? If so, what is the amended
version?

14. What is the percentage of the contract 10% (Ten percent) of Contract
price the successful bidder is expected to Price
invest in cash?

15. The bidding document requires a bidder No

to have completed satisfactorily one equal to
one-third of the estimated cost of works.
Does the state want to increase this
percentage? If yes, then what would be the
new percentage?

16. What other certificates the contractor GST Registration, Labor

should submit under clause 4.4 B (a) (iii) of license, Character Certificate
the Instructions to Bidders?

17. What key equipment the contractor must Specific type and nos. of
possess or have access to? equipments shall be selected
from the list of equipments
The equipment must be listed and not left
given in the check list as
blank in the bidding document. It is to be
mentioned herewith at the time
related to the nature of road work and the
of preparing bidding documents
specifications. Some examples of
for a particular Package,
equipments are:
depending upon the estimated
cost of Packages.

83
Tar Boiler

Mini Hot Mix Plant

Hot Mix plant (Drum Type)

Pave Finisher

Bull dozer

Excavator

Air Compressor

Concrete Mixers

Water tanker

Water Tanker with Sprinkler

Road Rollers (8-ton)

Diesel Road Roller

Steel wheeled Powered Road Rollers

Vibratory Road Rollers

Earth Vibratory Road Rollers

Smooth wheeled Tandem Tired Rollers

Truck

Tractor

Loader (5 Cu)

Tippers

Vehicle Mounted Mechanical Spray

18. How many degree and diploma holders One B.E. (Civil) must and upto
in civil engineering the bidder must have in four Diploma holders depending
his employment? on size and amount of Package.

19. What should be the qualification of the Diploma/Science graduate with

person for the field laboratory? training in Quality Control
works.

84
20. What is the minimum amount of liquid 10.00% (Ten percent) of
assets and /or credit facilities net of other Estimated Cost
contractual commitments of the successful
bidder must have.

[Note: Usually it is the equivalent of

estimated payments flow over 2 months at
the average (straight line distribution)
construction rate.]

21. What are the designations of the JE/AE/EE/SE/CE/EinC of the

departmental officers whose relations must RWD/ RCD Divisional
not be in the contractor’s employment? Accountants/ all Members of
DPIU and State PIU and
departmental Officers/Staffs.

22. What are the names of departments All Deptt. of Govt. of Jharkhand
whose retired officers must not be in the upto two years from date of
employment of the contractor? retirement.

23. Should M be more than 2 for judging the

available bidding capacity of the bidder? M should not be more than 3 i.e.
M=3
Refer Clause 4.6 of Instructions to Bidders.
It cannot be more than 3. Higher the value,
greater is the chance of failure of the Language of Bid shall be
contractor. English.

What is to be the language of the bid?

24. Clause 12.1 Part I (V) of Instructions to None.

the Bidders. What are the other documents
required from the bidders?

25. What are the deductibles, if any, for 2.00% (Two) of Contract Price
insurance? (Refer clause 13.1 of Part I for 13(a)

85
General Conditions of Contract) 2.00%(Two) of Equipment Price
for 13(b)

26. What are the powers of Superintending As per clause 24.1 of G.C.C. the
Engineers and the Chief Engineer for powers of competent officers for
settlement of disputes? (Refer clause 24.1 of Settlement of Disputes shall be
Part I General Conditions of Contract) following :-

SE : Upto Rs. 1.00 lac

CE : Above Rs. 1.00 lac

As per clause 24.1 & 24.2 of

G.C.C. the powers for hearing
the right of appeal against the
decision of competent authority
shall be following according to
appealed amount :-

CE : Upto Rs. 1.00 lac

Empowered Standing
Committee : Above Rs. 1.00 lac

27. What is the period within which the Within one week from signing
contractor must submit the programme for the contract.
approval of the Engineer? (Refer to clause
26.1of Part I General Conditions of
Contract)

28. What is the period of interval within At the interval of one month.
which the contractor must submit the up
dated programme of the Engineer? (Refer to
clause 26.3of Part I General Conditions of
Contract)

29. What is the amount to be withheld if the Rs. 10,000/- (Ten thousand) per
up dated programme is not submitted? day after expiry of designated
(Refer to clause 26.3of Part I General date for submission of updated
Conditions of Contract) programme.

86
30. What is the percentage of variation Revision of rates not allowed.
which calls for revision of rates? (Refer to
clause 36.1 of Part I General Conditions of
Contract)

31. What is the designations of the Executive Engineer

authorized person to make payment in case
consultants are appointed ? (Refer to clause
39.2 of Part I General Conditions of
Contract)

32. Prescribe the State Government’s form Attached as Annex -A, Annex-
for unconditional bank guarantee B and Annex-C

33. What is the number or days within which

the field laboratory must be set up after the Within 15 days
notice to start work is issued? (Refer to
clause 52.2 (i) of Part I General Conditions
of Contract)

34. What is percentage to apply to the value 20% (Twenty percent)

of work not completed.(It is usually 20
percent.) Refer to clause 53.1 of Part I
General Conditions of Contract)

35. If the State Government wants to include

any Special Conditions of Contract, it must Agreed
take prior approval, in writing, of the
National Rural Roads Development Agency

36.The following is the schedule of time to be taken to complete the entire bid
process:-

Particulars of Action Days Cumulative Total Days

i) Advertising the Press Notice Time Count starts 6

ii)Sale of Bidding Documents 21

Days

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iii) Pre-bid meeting, if any, at
least ten days before the last date
for submission of bids

iv) Issue of
corrections/clarification at least
six days before the last date of
bid submission

v) Last Date for submission of

bids and opening of Tenders
(Opening of outer envelope and
technical Bids)

vi) Evaluation of Technical Bids

and notifications of Results

vii) Opening of Financial Bids

viii) Evaluation and Approval of

Financial Bids

ix) Communication of Approval

x) Submission of Performance
Security, Agreement and Work-
order

xi) Commencement of Work

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