1

REQUEST FOR PROPOSAL

FOR

Providing Sewage Treatment Plants (STPs) at the locations of (1) Biradawada

(0.90MLD) in Naidupet-II ULB, 2) Mannrupoluru (0.80MLD) of Sullurupeta-II ULB
(3) Chevireddypalli (0.80MLD) of Venkatagiri-II ULB (4) Akkacheruvupadu-II
(1.60MLD) (5) Kallurupalli-II(1.10MLD) (6) Kondlapudi-II (0.50MLD) and (7)
Kondlapudi III(0.70MLD) of Nellore ULB (Total 6.40MLD) in Nellore district of
Deputy Chief Technical officer, Nellore Circle, APTIDCO, Developed Affordable
Housing Projects in Andhra Pradesh on “Design, Engineering, Construction,
Supply, Installation, Testing, Erection & Commissioning and thereafter Operate &
Maintain the STPs for 5 (Five) Years” basis (including Defect Liability Period of two
years from the Date of Completion of Project).
 2

GOVERNMENT OF ANDHRA PRADESH

MUNICIPAL ADMINSITRATION & URBAN DEVELOPMENT
DEPARTMENT
A.P Township and Infrastructure Development Corporation Limited (APTIDCO)
VIJAYAWADA
December 2021
SCHEDULE OF BIDDING PROCESS
Bidders are invited to submit their Bids online on or before the time, date and at
the office for submission as indicated below. The Bids submitted after this time
and date or at any other office other than indicated herein below will not be
considered under any circumstances; unless notified by the Authority with full
information of the altered time, date and the office for submission.
Notices Inviting Tenders

S. No Item Details
On line on e- procurement platform
1 Mode of Bid Submission
https:// tender.Apeprocurement.gov.in
2 Starting date & time of download 24.12.2021 from 11.00AM onwards
3 Ending date & time of Document 06.01.2022 Up to 02.00 PM
download
4 Last date submission of Queries 29.12.2021 through online
Last date & time for online submission
5 06.01.2022 @ 03.00PM
of bid
6 Opening of Technical bid 06.01.2022 @ 03.30 PM
7 Opening of Price bid 07.01.2022 @ 11.00 AM
Rs. 17,50,000/- (Rupees Seventeen Lakhs
Fifty thousand only), in the form of demand
draft drawn in favor of Managing Director,
8 EMD APTIDCO payable at and drawn on any
scheduled bank or a Bank Guarantee in the
form acceptable to the Authority for each
location.
Rs. 11,800/- (Rupees Eleven thousand Eight
Bid Processing Fee (Rs.10,000/- + Hundred only), in the form of demand draft
9 Rs.1,800/- GST) drawn in favor of Managing Director,
APTIDCO drawn on any scheduled bank
Rs. 25,000/- (Rupees Twenty Five thousand
only), in the form of demand draft drawn in
favor of Andhra Pradesh technology Services
Limited. payable at Vijayawada Vupadhi
Technologies Services and drawn on any
10 Transaction Fee Detail
scheduled bank or a Bank Guarantee in the
form acceptable to the Authority for each
location.( As per GO MS.No.04 Dated:
17.02.2005 Information Technology &
Communications Department)

2. Interested agencies may download the document from the e-

Procurement platform https:// tender.apeprocurement.gov.in
 3
3. In case of any clarification, amendments, addenda, corrigenda,
etc., will be uploaded on the same e-platform. Hence, bidders are
requested to visit the website.
4. APTIDCO have the right, without any obligation or liability to
reject any or all the proposals at any stage of the bidding process
to cancel the RFP.
 4
LETTER OF INVITATION

To

A.P Township and Infrastructure Development Corporation Limited

(APTIDCO), in its endeavour to develop sustainable Townships and
Infrastructure in the State of Andhra Pradesh intends to establish Sewage
Treatment Plants (STPs) in the Affordable Housing Projects being developed
at 7 locations in Nellore, Circle.
APTIDCO has accordingly decided to invite competitive bids to select
Contractor(s) to whom the setting up of decentralized STPs at 7 (Seven)
locations in Nellore, Circle “Design, Engineering, Construction, Supply,
Installation, Testing, Erection & Commissioning and thereafter Operate &
Maintain the STP for 5 Years” basis would be awarded as per the terms and
conditions of this Request for Proposal (RFP).
Name of The work :- Providing Sewage Treatment Plants (STPs) at the locations
of (1) Biradawada (0.90MLD) in Naidupet-II ULB, 2) Mannrupoluru
(0.80MLD) of Sullurupeta-II ULB (3) Chevireddypalli (0.80MLD) of
Venkatagiri-II ULB (4) Akkacheruvupadu-II (1.60MLD) (5) Kallurupalli-
II(1.10MLD) (6) Kondlapudi-II (0.50MLD) and (7) Kondlapudi
III(0.70MLD) of Nellore ULB (Total 6.40MLD) in Nellore district of
Deputy Chief Technical officer, Nellore Circle, APTIDCO, Developed
Affordable Housing Projects in Andhra Pradesh on “Design, Engineering,
Construction, Supply, Installation, Testing, Erection & Commissioning
and thereafter Operate & Maintain the STPs for 5 (Five) Years” basis
(including Defect Liability Period of two years from the Date of
Completion of Project).

This Request for Proposal (RFP) document is for undertaking the said work
on turnkey basis. The Bidder has to quote separately, excluding GST:

1. The lump sum fixed price cost for developing the Project on turnkey
basis as Capital Cost; also the proposed technology to be mentioned.

2. Annual O & M Charges towards Operations & Maintenance of the

Project for Yearly O&M charges have to be mentioned year wise i.e.,
Year1, Year 2, Year 3, Year 4 and Year 5 separately.

If more than one technology is used in a package then the project capital
cost and annual O&M charges have to be submitted for all the technologies.
A summation of the Bid Project Costs and Annual O &M charges for these
different technologies, have to be submitted.

The selection shall be based on Least Cost Selection (LCS) basis. Obtained
through the tender cum reverse auction and reverse tendering process.

The Selected Bidder is responsible for effective treatment of Sewage and

safe disposal/reuse of treated water and Sludge and any other bi-products
in compliance with the environmental and all other regulatory norms that
 5
are in vogue from time to time during the entire Contract Period.

APTIDCO reserves the right to cancel, terminate, change or modify this

procurement process and /or requirements of Bid stated in the RFP,
without assigning any reasons and without accepting any liability for the
same.

The Bid shall be valid for a period of not less than 90 days from the Bid
Due Date. The validity of Bids may be extended by mutual consent of the
Bidders and the Authority.

You are, accordingly, requested to submit your technical and price bids
online on the e-Procurement platform along with all the relevant documents
in accordance with RFP to the Chief Technical Officer-I

For APTIDCO

Chief Technical
Officer-I,
APTIDCO,
Vijayawada
Seal of Office
Date:
 6
DISCLAIMER

The information contained in this Request for Proposal document ("RFP") or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on
behalf of A.P Township and Infrastructure Development Corporation Limited (APTIDCO),
Government of Andhra Pradesh (herein after referred to as “APTIDCO” or the “Authority”)
or any of its employees, is provided to Bidder(s) on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer by the Authority to the prospective
Bidders or any other person. The purpose of this RFP is to provide interested parties with
information that may be useful to them in making their price offers (Bids) pursuant to this
RFP. This RFP includes statements, which reflect various assumptions and assessments
arrived at by the Authority in relation to the Project. Such assumptions, assessments and
statements do not purport to contain all the information that each Bidder may require.
This RFP may not be appropriate for all persons, and it is not possible for the Authority
and its employees or advisers to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, may not
be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments and information contained
in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) may be on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Authority accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on the law expressed herein.

The Authority and its employees/ advisors make no representation or warranty and shall
have no liability to any person including any Applicant or Bidder under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for
any loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, reliability or completeness of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising
in any way for participation in this Bid Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise however caused arising from reliance of any Bidder upon the statements
contained in this RFP.
The Authority may in its absolute discretion, but without being under any obligation to do
so, update, amend or supplement the information, assessment or assumption contained
in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder, as the case may be, for the Project and the Authority reserves
the right to reject all or any of the Bidders or Bids without assigning any reasons
whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
 7
fees, expenses associated with any demonstrations or presentations which may be
required by the Authority or any other costs incurred in connection with or relating to its
Bid. All such costs and expenses will remain with the Bidder and the Authority shall not
be liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or
outcome of the Bidding Process

Glossary

APTIDCO AP Township and Infrastructure Development

Corporation Limited
Authority As defined in Clause 1.1.1
Annual O & M Charges As defined in Clause 1.2.6
Bid(s) As defined in the Disclaimer
Bidders As defined in clause 1.2.2
Bidding Documents As defined in Clause 1.1.5
Bid Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
Bid Price As defined in Clause 1.2.6
Bid Security As defined in Clause 1.2.4
Contract Agreement As defined in Clause 1.1.2
Contractor As defined in Clause 1.1.2
CPHEEO Central Public Health and Environmental
Engineering Organization
Damages As defined in Clause 2.2.3 (c)
Demand Draft As defined in Clause 3.18.1
GoAP Government of Andhra Pradesh
GoI Government of India
LOA As defined in Clause 4.6.3
MLD Million Litres per Day
Project As defined in Clause 1.1.1
Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 4.6.1
Sole Firm As defined in Clause 3.1.12
Sewage Treatment Plant As defined in Clause 1.1.1

The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein above.
The words and expressions beginning with capital letters and not defined herein but
defined in the Contract Agreement, shall, unless the context otherwise requires, have the
meaning ascribed thereto therein.
 8
Invitation for Proposals
1. INTRODUCTION
1. Background

1.1.1. To meet the demand supply gap of 14 lakh dwelling units in Urban Andhra Pradesh,
construction of affordable houses is being taken up by the state government under
various schemes. Affordable Housing Projects aims to increase availability of houses for
Economically Weaker Section (EWS) at affordable rates. APTIDCO is the nodal agency
for implementing these housing projects under PMAY – AHP Projects.

To establish improved sanitation practices and systems in the affordable housing

projects, APTIDCO has decided to set up decentralized Sewage Treatment Plants (STPs)
in each of the Twenty-Four locations where housing projects have been initiated. The
idea is to ensure that no untreated wastewater is released into the environment from
these localities.

Accordingly, APTIDCO (the “Authority”) has decided to develop and operate/maintain

the STPs at Various locations in Nellore Circle of Andhra Pradesh (the “Project”) on
“Design, Engineering, Construction, Supply, Installation, Testing, Erection &
Commissioning and thereafter Operate & Maintain the STP for 5 Years” basis, and has
accordingly decided to carry out the Biding process for selection of bidder to whom the
Project may be awarded. The Project has been divided in to eight packages (One district
is considered as one package). A Bidder has the option to Bid for all the packages. A
maximum of two package will only be awarded to any one Bidder, in case the same
bidder is the successful Bidder in more than two packages, then packages will be
awarded as per the provisions of this RFP. (Clause No. 4.6.3)

1.1.2. The Selected Bidder (the “Contractor”), shall be responsible for design, engineering,
procurement, erection, testing, commissioning on turnkey basis and thereafter
operation and maintenance of the Project for 5 (five) years under and in accordance
with the provisions of the contract agreement (the “Contract Agreement”) to be entered
into between the Contractor and the Authority in the form provided by the Authority as
part of the Bidding Documents pursuant thereto.

1.1.3. The Contract Agreement sets forth the detailed terms and conditions for grant of the
concession to the Contractor, including the scope of the Contractor’s services and
obligations.

1.1.4. The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Contractor set forth in the Contract Agreement or the Authority’s
rights to amend, alter, change, supplement or clarify the scope of work, the Concession
to be awarded pursuant to this RFP or the terms thereof or herein contained.

The Authority shall receive Bids pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by the Authority pursuant to this
RFP, as modified, altered, amended and clarified from time to time by the Authority
(collectively the “Bidding Documents”).
 9
1.2. Brief description of Bidding Process

1.2.1. The Authority has adopted E procurement platform (referred to as the “Bidding
Process”) for selection of the Bidder for award of the Project. The Bidder will be
selected under Least Cost Selection (the “LCS”) through the tender cum reverse
auction and reverse tendering process as described in this RFP.

1.2.2. Interested Bidders (the “Bidders”) are being called upon to submit their Bid online
in accordance with the terms specified in this Biding Document. The Bid shall be
valid for a period of not less than 90 (ninety) days from the date specified in Clause
1.3, for submission of Bids, the Bid Due Date.

1.2.3. The Bidding Documents include the RFP, for the Project and any other document
issued by the Authority in relation to this Project. The aforesaid document and any
addenda issued subsequent to this RFP, will be deemed to form part of the Biding
Documents.

1.2.4. A Bidder is required to submit along with its Bid, an Earnest Money Deposit of
Rs.17,50,000/- (Rupees Seventeen lakhs Fifty thousand only) (the “Earnest Money
Deposit”) refundable not later than 60 (sixty) days from the Bid Due Date, except in
the case of the Selected Bidder whose Earnest Money Deposit shall be retained till it
has provided a Performance Security under the Contract Agreement. The Bidders
will have to provide Earnest Money Deposit in the form of a demand draft in favour
of Managing Director, APTIDCO payable at Vijayawada”. The Bidder shall also pay
to the Authority processing fee in the form of a demand draft in favour of Managing
Director, APTIDCO payable at Vijayawada and drawn on any scheduled bank a sum
of Rs. 11,800/- (Rupees Eleven Thousand Eight Hundred only) which includes an
amount of Rs.1800/- towards GST. The Bid shall be summarily rejected if it is not
accompanied by the Earnest Money Deposit and the demand draft towards
processing fee.

1.2.5. Bidders are advised to examine the Project in greater detail, including development
and operation of the Project and to carry out, at their cost, proper due diligence of
the Project including such studies as may be required for submitting their
respective Bids.
1.2.6. Bids would be evaluated on the basis of the lowest Bid Price (the “Bid Price”). The
Bid Price shall be summation of a). Bid Project Cost and b) the annual operations &
maintenance charges (the “Annual O & M Charges”) during the O & M Period (5
years) required by the Bidder and shall be paid as per the provisions of the
Contract Agreement. The Bid Price shall be worked out as detailed hereunder by
the Internal Committee formulated in APTIDCO, Head Office, Vijayawada by the
internal committee formulated by MD,APTIDCO Head Office Vijayawada.
Bid Price = Bid Project Cost + Five year O & M Charges as quoted by the Bidder
(Excluding GST).
O&M charges have to be mentioned year wise i.e., Year1, Year 2, Year 3, Year 4 and
Year 5 separately, in the documents uploaded. However, the Bid Price is the
summation of Bid Project Cost and the Annual O & M Charges for entire 5 (five)
years.
If more than one technology is used in a package then the project bid cost and
annual O&M charges has to be submitted for all the technologies separately. A
summation of the Bid Project Costs and Annual O &M charges for these different
technologies, have to be submitted in the Price bid.
 10

Subject to Clause 4.6, the Project will be awarded to the Bidder quoting the lowest
Bid Price. In this RFP, the term “Lowest Bidder” shall mean the Bidder who’s Bid
Price is the lowest.

1.2.7 Generally, the Lowest Bidder in the tender cum reverse auction and reverse tendering
process. shall be the Selected Bidder. The remaining Bidders shall be kept in reserve
and may, in accordance with the process specified in Clause 4.6 of this RFP, be
invited to match the Bid submitted by the Lowest Bidder in case such Lowest Bidder
withdraws or is not selected for any reason. In the event that none of the other
Bidders match the Bid of the Lowest Bidder, the Authority may, in its discretion,
either invite fresh Bids from the remaining Bidders or annul the Biding Process.
Reverse Tendering Process as per GO.MS.No.50 Dated: 15.10.2020

(i) Submission of Hard Copies of uploaded Scan copies of Demand Draft / Bank
Guarantee towards EMD by participating bidders to the tender Inviting authority
before opening of Price Bid is dispensed with.

(ii) Only those bids will be evaluated and considered for comparison to arrive at L1 value
and allowed to participate in reverse bidding in whose favour an authorized
communication or a letter or a scanned and uploaded copy of that letter on e-
procurement Website or an e-mail from the issuing bank or any authorized
communication from the bank with regard to issue of the Bank Guarantees/ Demand
Draft is sent to the Tender Inviting authority within the stipulated time.

(iii) All Bank Guarantees uploaded by all Bidders would be verified with the issuing Bank,
subsequently and if any uploaded Bank Guarantee is found.

(iv) To be forged or tampered with or fake, then it would be considered as fraud and would
be liable for criminal action invariably.

(v) Tenders up to 25% less (-25%) than the estimate may be accepted. Tenders which are
less beyond minus 15% {(<-15%)}of the estimate but upto minus 25%, a Bank
Guarantee or Demand Draft for the difference between the tendered amount and 85%
of the estimate value should be taken, over and above other guarantee, which would
be released after the completion of work with other Bank Guarantees. Illustration: If a
L1 bidder quotes Rs 75 for an estimated value of Rs 100, then the bidder will have to
give an additional BG/DD of Rs 10 {Rs 85 (that is 85% of Est. Value)- Rs 75 (Tendered
amount )}.(Not applicable)

(vi) All the bidders shall invariably upload the scanned copies of Demand Draft /Bank
Guarantee in e- Procurement system and this will be the primary requirement to
consider the bid as responsive.

(vii) The Department shall carry out the technical bid evaluation solely based on the
uploaded certificates / documents, DD / BG towards EMD/ affidavit, in the e-
Procurement system and open the price bids of the responsive bidders and proceed
further for reverse auctioning.

(viii)The Department will notify the successful bidder for submission of original hard
copies of all uploaded documents, DD / BG towards EMD prior to entering into
 11
agreement.

(ix) The successful bidder shall invariably furnish the original certificates/documents of
the uploaded scanned copies to the Tender Inviting Authority, original Bank
Guarantee & Demand Draft towards EMD before entering into agreement either
personally or through courier or post and the receipt of the same within the stipulated
date shall be the responsibility of the successful bidder. The Department will not take
any responsibility for any delay in receipt / non-receipt of original DD / BG towards
EMD, certificates / documents, from the successful bidder before the stipulated time.
On receipt of documents, the Department shall ensure the genuineness of the DD /
BG towards EMD and all other certificates/documents uploaded by the bidder in e-
Procurement system in support of the qualification criteria before concluding the
agreement.

(x) If any successful bidder fails to submit the original Hard Copies of uploaded
certificates / Documents, DD / BG towards EMD within the stipulated time or if any
variation is noticed between the uploaded documents and the hard copies submitted
by the bidder, the successful bidder will be suspended from participating in the
tenders on e- Procurement platform for a period of 3 years. The e-Procurement system
would deactivate the user ID of such defaulting successful bidder based on the trigger
/ recommendation by the Tender Inviting Authority in the system. Besides this, the
Department shall invoke all Processes of Law including criminal prosecution of such
defaulting bidder as an act of extreme deterrence to deter frivolous bidders and to
avoid delays in the tender process for execution of the development schemes taken up
by the Government. The information to this extent may be displayed in the e-
Procurement platform website and all Govt. Dept./Public Sector Units/ Local
Bodies/Autonomous Bodies in AP would prevent such bidders from participating in
the bidding process.

Conclusion of the Reverse Tendering Process:

a) If any variation is noticed between the up-loaded documents, information furnished in
the given templates in respect of both technical and commercial prequalification
criteria and the self-declaration submitted by the bidder, the bidder will be suspended
from participating in the tenders on e-procurement platform for a period of 3 years. If
any of the documents furnished by the bidder are found to be false / fabricated /
bogus, at any time the bidder will be black listed and the EMD will be forfeited.
b) In case of the L1 bidder being disqualified, the Department reserves the right to restart
the reverse auction process with the L2 price of the concluded reverse auction as the
start/ maximum bid price OR to restart the entire tendering process from the NIT
Stage. In either case, the date and time of the subsequent process shall be
communicated to the remaining bidders.
c) The L1 bid may be determined following a period of inactivity of more than 15 minutes
of reverse bidding as per clause no. 4.6.
1.3. Schedule of Bidding Process
The Authority shall endeavor to adhere to the following schedule:
S. No Item Details
On line on e- procurement platform
1 Mode of Bid Submission
https:// tender.Apeprocurement.gov.in
2 Starting date & time of download 24.12.2021 from 11.00AM onwards
Ending date & time of Document
3 06.01.2022 Up to 02.00 PM
download
4 Last date submission of Queries 29.12.2021 through online
5 Last date & time for online submission 06.01.2022 @ 03.00PM
 12
of bid
6 Opening of Technical bid 06.01.2022 @ 03.30 PM
7 Opening of Price bid 07.01.2022 @ 11.00 AM
Rs. 17,50,000/- (Rupees Seventeen Lakhs
Fifty thousand only), in the form of demand
draft drawn in favor of Managing Director,
8 EMD APTIDCO payable at and drawn on any
scheduled bank or a Bank Guarantee in the
form acceptable to the Authority for each
location.
Rs. 11,800/- (Rupees Eleven thousand Eight
Bid Processing Fee (Rs.10,000/- + Hundred only), in the form of demand draft
9
Rs.1,800/- GST) drawn in favor of Managing Director,
APTIDCO drawn on any scheduled bank
Rs. 25,000/- (Rupees Twenty Five thousand
only), in the form of demand draft drawn in
favor of Andhra Pradesh technology Services
Limited. payable at Vijayawada Vupadhi
Technologies Services and drawn on any
10 Transaction Fee Detail
scheduled bank or a Bank Guarantee in the
form acceptable to the Authority for each
location.( As per GO MS.No.04 Dated:
17.02.2005 Information Technology &
Communications Department)

* For any quarries can be emailed to : aptidco.ce@gmail.com

2. Terms of Reference
2.1. Scope of the Project:
The broad scope of the Project is as detailed hereunder:

a. The Contractor is responsible for design, engineering, construction, supply,

installation, testing, erection & commissioning of decentralized Sewage
Treatment Plant (STPs) modular in nature, and thereafter Operation and
Maintenance of the STPs for a period of 5 (five) years at the Project Site
including defective liability period.

b. The construction includes all the modular civil works and structural steel
fabrication for the STPs as per approved layout, hydraulic profile and drawings.
The Authority may get the drawings vetted by reputed Independent Institutions;

c. Complete interconnecting piping between units including supply of all materials

like CI, HDPE, GI Pipes, fittings, valves, flanges, gaskets, nuts & bolts and
necessary materials required for pipe supports and associated civil works;

d. Design, supply, erection and commissioning of all equipment required for the
STPs as per the Specifications given in this Bid document. The scope also
includes all necessary civil works, foundations, and such other activities
including commissioning of all equipment;

e. To install/ construct raw sewage collection tank (1 no’s), with size as per the
 13
technology and design requirements, this tank shall be below the ground level.

f. All the electrical & instrumentation works including supply, erection &
commissioning of Motor Control Centre (MCC) panel, field instruments,
transformers, DG sets, with suitable outgoing feeder, automatic power factor
controlling panel and power factor improving capacitors, local push buttons
stations, etc., as per standards. The scope also includes all necessary civil
works like construction of foundation for panels, cable trenches, cable
supports, yard lighting poles, earth pits, fencing around the transformer
yard, lighting fixtures and required number of sockets in indoor areas as
required;

g. To install and operate 1 (one) CCTV covering treatment facility area;

h. To install and operate online monitoring system for testing inlet and outlet
characteristics of the Sewage and the treated water for the parameters where
applicable;

i. Training of Authority designated persons for Plant operations in the 5th year of
O & M;

j. Perform and fulfill such other obligations incidental to the proposed activities.

k. A fence of good quality as directed by the Engineer-in-Charge must be provided

around the STP area at all the locations where the STPs are constructed.

l. Contractor will ensure the safety and security of the plant during the
construction and O&M period

m. Contractor must ensure that the safety and security of the staff working at the
site during the contract period and also ensure that the staff must be insured
appropriately to cover any accidents and loss of life at the STP site.

2.2. Special Conditions

a. The STPs to be installed preferably above ground except raw Sewage collecting
tank. The design shall be as per the approval of final architectural drawings
and final planning requirements. Proper arrangements for ventilation / exhaust
/ passage have to be provided accordingly in the Plant;

b. The STPs have to be designed and constructed for low/peak flow in line with
usage;

c. It is proposed to utilize the treated water for horticulture/flushing purpose and

therefore the system components to be designed and provided accordingly;

d. Adequate provision shall be made in the equipment mounting to prevent

excessive noise transmission directly or through piping and structures;

e. All work shall be planned, designed and executed based on latest relevant IS
codes of practice and other relevant codes applicable to
civil/electrical/mechanical / plumbing works;
 14
f. The treated effluent discharge norms shall comply with the APPCB norms in
vogue.;

g. The sludge will be handled properly so that the cakes are formed to be used as
manure by installing mechanical sludge handling/beds;

h. The Authority shall have the power to make any alteration, omissions,
additions to or substitutions for the original specifications, drawings, designs
and instructions that may appear to be necessary, advisable during the
progress of work, and the Contractor shall be bound to carry out the work in
accordance with any instruction which may be given in writing by the
Authority. Such alteration, addition or substitution shall not invalidate the
Contract Agreement and any altered, additional or substituted work shall be
carried out by the Contractor on the same conditions in all respects on which it
agreed to do the main work and at the same rate as is specified in the Bid for
the works. The time of completion of the work shall be extended in the
proportion that the altered, additional or substituted work bears to the original
Contract.
The Contractor should replace any defect portion of the unit during defect
liability period of 2 years from the completion of the project.

i. For handling of sludge, a proper sludge handling network/centrifuge shall be

provided, and it is preferable to collect dewatered compressed sludge into HDPE
bags for disposal;
j. The Disposal including transportation to the designated site of all solid waste
including from sludge handling network as generated from STPs both during
construction & during O & M period shall be the responsibility of the
Contractor;

k. The evacuated grit and screenings are to be disposed from the Project Site by
the Contractor to the site identified by the Authority from time to time;
l. Without restricting to the generality of the Scope of Work, the work includes the
following civil works:
Bar screen chamber
Grit chamber
Oil & grease trap
1 no. raw sewage collecting tank (under ground) and 1 no. for
treated water to be constructed.
Foundation for mild steel tanks
Pump foundation
Sludge drying beds
Any other civil works as required.
m. Termination for Insolvency:-
The Managing Director, APTIDCO, may at any time terminate the work
order/ contract without giving written notice to the agency, without any
compensation to the agency, if the agency becomes bankrupt or otherwise
insolvent.
n. In House Quality Control team & Third party Quality control will be
monitoring the Construction of STP and O&M of STP time to time .
o. Downtime of one day (24 hours) per month is permitted and contractor
needs to ensure no offensive odour emanates from the STP during the
 15
downtime. Any downtime over the stipulated period will lead to penalties as
per the discretion of the authority.

2.3. Role & Responsibilities of the Contractor

The role and responsibilities of the Contractor during the Contract Period are as detailed
here under:

a. The treatment and disposal of sewage and sludge shall be in compliance with the
discharge norms of Andhra Pradesh Pollution Control Board that are currently in
vogue.

b. To monitor the quality of the treated wastewater continuously for the parameters
as stipulated in the consent order of the AP PCB and submit the report to the
Authority on a weekly basis.

c. Shall take measures to comply with the provisions laid down under Noise
pollution (Regulatory and Control) Amendment Rules, 2010 dated 11.01.2010
issued by MoEF & CC, GoI to control the noise to the prescribed levels;

d. To comply with emission limits for DG sets of capacity up to 800 KW as per the
Notification G.S.R.520 (E), dated 01.07.2003 and G.S.R.448(E), dated 12.07.2004
under the Environment (Protection) Act, 1986 Rules;

e. Encouraged to deploy clean technology to minimize emissions and reduce energy

usage. In order to meet its power consumption requirements, the Contractor is
encouraged to use solar energy wherever feasible;

f. FCO copy to be provided The end product compost shall meet the standards
prescribed under Fertilizer Control Order notified by GoI/GoAP from time to time;
FCO order of 1985 of GoI;

g. The end product compost shall meet the standards as per the AP PCB norms.

h. Annexure - B Enclosed;

i. To provide fire protection measures and safety equipment at the Project site;

j. Online testing of input and output quality of the collected sewage at the Project
Site on continuous basis and maintain records.

k. Onsite simple testing at the decanting facility for pH, conductivity, etc., shall be
performed to identify toxic loads if any, to ensure course correction;

l. The treated sludge is to be free from bacteria & pathogens and to be safe for
human handling/contact;

m. To regulate and channel the sewage through sewerage pipes up to the Project Site
for treatment

n. Trained manpower to be deployed to operate the systems and to ensure that they
always wear personal protective equipment such as gloves, face masks to avoid
injuries and health risks; and

o. Responsible for all Permissions & Clearances which includes Environment

(Protection) Act, 1986, the Air (Prevention and Control) Pollution Act 1981 and
 16
Water (Prevention and Control of Pollution) Act, 1974, as amended from time to
time and any other permits as applicable to the proposed Project.

p. A functional plant with all components in working condition while commissioning

must be handed over to the authority at the end of the 5 yr O&M.

q. The contractor will ensure to obtain all the required environmental clearances to
operate the STP such as Consent for Establishment and Consent for Operation
and any other additional requirements.

r. If regulators demand any changes to treatment process to meet the requirements

of revised discharge norms in vogue , then contractors need to abide by this
change.

s. In case the plants are not stabilized within 03(three) months and fails to meet the
effluent discharge standards, will be automatically extended and the contractor
shall continue to run the STP until the plant meets the effluent discharge standards,
duly deploying the requisite manpower and providing the consumables at his cost.
In addition, he shall be liable to levy of the penalties as stipulated for the O& M
period until the effluent discharge standards are met. The contractor shall ensure
compliance with the prescribed effluent discharge standards and obtain “Consent
for Operation” from the APPCB. The O&M paid of 5 years will start after stabilization
of STP.

2.4. Role & Responsibilities of the Authority

The role and responsibilities of the Authority, during the Contract Period, are as detailed
hereunder:

a. To provide encumbrance free land for project development. The authorities for
respective Project locations shall allot the land for setting up of the STPs;

b. 1. All the electrical infrastructure at the STP site and the cost towards power
consumption & bills to be paid by the agency during construction period.

2. During operation and maintenance of STPs in 5 years all electrical bills will be
paid by concerned ULB.

2.5. Project Development Options

It is proposed to follow technologies suggested by the technical committee for Project
development and, therefore, the Selected Bidder shall employ any of the tested technology
options as recommended by the technical committee as detailed hereunder:

1. The recommended Technologies for construction of STP Capacities 0.1 to

0.5 MLD are as follows
i. ANOT:-Advanced Nano Oxidation Technology.
ii. SBT: - Soil Bio Technology
iii. A20:-Anaerobic Anoxic-aerobic Method

2. The recommended Technologies for construction of STP Capacities above 0.50.MLD

are as recommended by Technical Committee formulated by the Government Vide Go
Ms No 545 Dt: 30.11.2020 of MA & UD Department

i. MBBR Technology: Moving Bed Bio Reactor Technology.

 17
ii. MBR Technology: Membrane Bio Reactor Technology.
iii. SBR Technology: Sequential Bio Reactor Technology.
iv. Phytorid Technology

Note: : For the STPs at various locations with different capacities, if the proposed sites
are not sufficient for construction of STPs with offered/above Technologies for that
locations, decision may be taken to adopt suitable technology for that location duly
placing before Technical committee meeting.

2.6. Project Duration: The Construction Period for completion of Project execution
works is 6 (six) months. The commencement of Works shall be considered from
the date of Agreement/ Date of handing over site.

Thereafter (after completion of Construction Works) the O & M Period is 5 (years)

during which the Contractor is responsible for O & M of the STP. At the end of the
Contract Period, the Authority has the option to give the Annual Maintenance Contract
(AMC) to the Contractor for a maximum period of 5 (five) years as per the terms and
conditions as mutually decided. The Contractor should replace any defect portion of the
unit during defect liability period of 2 years from the completion of the project.

For effective supervision of Project development / execution, the Authority in its

discretion may appoint an Authority Engineer. In case an Authority Engineer is
appointed, all the approvals of the Bidder’s design & drawings and also Project
construction supervision will be the broad scope of work of the Authority Engineer.
Even after defect liability period of two years during the O&M, it is the contractor’s
responsibility to maintain the plant without any further expenditure to the authority other
than the O&M payment to be made.

2.7. Payment Terms: All the construction related payments shall be paid by way
of a lump sum fixed cost amount quoted by the Selected Bidder as Bid
Project Cost, applicable GST will be indicated separately as per the
following deliverables;

Sl Description of item of work

No. Payment
proposed
i On submission and approval of the 5%
detailed designs and drawings by the
Authority (layout, general arrangement, etc.)
of the STP
ii On completion of civil works for 30%
installation of the plant & machinery
iii On Supply, installation, erection & 60%
commissioning of the plant & machinery and
all support infrastructures such as pipes,
valves, electrical and mechanical components
at the Project Site
iv After successful trial run for a period of 5%
3(three) months and on issuance of Project
Completion Certificate
 18

and

Note: The above payment terms are applicable to each site in a package i.e., for
example, if Rs 100/- is the total bid price for a package with two sites of same MLD
then each site payment would be Rs 50/- and the above payment terms will
be applicable to per site and not the entire package.

The Annual O & M Charges as quoted inclusive of all consumables by the Bidder
shall be paid in monthly installments starting from Project satisfactorily
Completion Date by the concerned ULB.

3. INSTRUCTIONS TO BIDDERS
A. GENERAL
3.1. General terms of Bidding

3.1.1. JV/Consortiums will be allowed only for O&M;

1 lead partner and 1 Consortium partner having experience in O&M of STPs.

a) Joint Venture is allowed with maximum of two members, of which one is lead partner
and the second one should have an experience in O&M of STPs. J.V’s shall be
registered/enter in to agreement on Rs 100/- non Judicial stamp paper at the time of
bidding and the “J.V./Consortium” shall be responsible “Jointly”. The lead
partner of the JV/Consortium should have M.O.U with technology provider.

b) The JV Consortium shall be registered as per companies Act 2013 and

conforming to the guidelines stipulated by SEBI & RBI or any other statutory body as
applicable clearly mentioning the roles and responsibilities of the members of the JV
Consortium. The successful JV Consortium shall register before concluding agreement.

c) Only those members of JV Consortium (Lead member as well as JV Partner)

who have not applied/ availed CDR nor have been subjected to SDR during the last
five(5) financial years are eligible to participate in the Bid. A certificate to that effect from
a chartered accountant shall be uploaded by the bidder.

d) The lead member should have the technical experience and the Joint
Venture partner should have the experience in operation and maintenance and the
experience Certificate should be issued by an officer not below the rank of Executive
Engineer and counter signed by the Superintending Engineer of any Government
institution.

e) The joint venture agreement should precisely indicate the role of all members of
JV in respect of planning, design, construction equipment, key personal, work
execution. All the members of JV should have active participation in execution during the
 19
operation and maintenance of the contract. This should not be varied/modified
subsequently without prior approval of the employer.

f) A copy of the JV agreement entered into by the Joint Venture partners and
registered shall be submitted with tender and copy of MoU with technology provider
should also be uploaded during bid submission.

g) APPENDIX - A & B attached.

3.1.2. The Bidders are expected to carry out their own surveys, investigations and other
detailed examination of the Project before submitting their Bids.

3.1.3. Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft Contract Agreement shall have overriding effect;
provided, however, that any conditions or obligations imposed on the Bidder
hereunder shall continue to have effect in addition to its obligations under the
Contract Agreement.

3.1.4. The Bid should be uploaded in the formats as specified in the Appendices. Bid
amount shall be indicated clearly in both figures and words, in Indian Rupees,
and signed by the Bidder’s authorized signatory. In the event of any difference
between figures and words, the amount indicated in words shall be taken into
account. The Bidders should ensure that all the information required to be
provided by them under the Bidding Documents is included in their Bid whether
or not a particular format specified herein makes provision for submission of such
information and/or whether or not a format for submission of such information is
incorporated in the Bidding Documents. The bid amounts submitted will be
excluding GST.

3.1.5. The Bidder shall deposit a bid security (the “Bid Security”) of Rs. 2,50,000/-
(Rupees two lakh fifty thousand only) per location in accordance with the
provisions of this RFP. The Bidder has to provide the Bid Security in the form of
Demand Draft. The Bid should also be accompanied by a non-refundable demand
draft for Rs. 11,800/- (Rupees Eleven Thousand Eight Hundred only) towards
processing fee for package bank guarantee in any nationalized banks also allowed.

3.1.6. The validity period of the Demand Draft shall not be less than 90 (ninety) days
from the Bid Due Date and may be extended as may be mutually agreed between
the Authority and the Bidder. The Bid shall be summarily rejected if it is not
accompanied by the Bid Security. The Bid Security shall be refundable no later
than 90 (ninety) days from the Bid Due Date except in the case of the Selected
Bidder whose Bid Security shall be retained till it has provided a Performance
Security under the Contract Agreement.

3.1.7. The Bidder should submit a Power of Attorney as per the format at Appendix–IV,
authorizing the signatory of the Bid to commit the Bidder.

3.1.8. Any condition or qualification or any other stipulation contained in the Bid shall
render the Bid liable to rejection as a non-responsive Bid.
3.1.9. The Bid and all communications in relation to or concerning the Bidding
 20
Documents and the Bid shall be in English language.

3.1.10. The Bidding Documents including this RFP and all attached documents, provided
by the Authority are and shall remain or become the property of the Authority and
are transmitted to the Bidders solely for the purpose of preparation and the
submission of a Bid in accordance herewith. Bidders are to treat all information as
strictly confidential and shall not use it for any purpose other than for preparation
and submission of their Bid. The provisions of this Clause 3.1.10 shall also apply
mutatis mutandis to Bids and all other documents submitted by the Bidders, and
the Authority will not return to the Bidders any Bid, document or any information
provided along therewith.

3.1.11. This RFP is not transferable.

3.1.12. Any award of Contract pursuant to this RFP shall be subject to the terms of
Bidding Documents.

3.1.13. The Bidder shall be a sole firm (the “Sole Firm”) or a MoU between the Technology
Provider for the technologies listed at clause no. 2.5 and the Executing Agency
would qualify them to be partners to submit the bid (or) experience certificate of
the technology provider and the sole firm should be uploaded.
3.1.14. Any entity which has been barred by the Central/State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar
subsists as on the date of the Bid, would not be eligible to submit a Bid.

3.1.15. A Bidder or Associate should, in the last 3 (three) years, have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Bidder, or Associate, as the case may be, nor has been expelled from any project
or contract by any public entity nor have had any contract terminated any public
entity for breach by such Bidder or Associate.

Authority would place sole reliance on the certification provided by the Bidder in
this regard in its letter comprising the Technical Bid.

3.1.16. In computing the Net Worth and Technical Capacity of the Bidder under Clauses
3.2, the Technical Capacity and Net Worth of their respective Associates would
also be eligible as detailed hereunder:

For the purposes of this RFP, Associate means, in relation to the Bidder, a person
who controls, is controlled by, or is under the common control with such Bidder
(the “Associate”).

As used in this definition, the expression “control” means, with respect to a person
which is a company or corporation, the ownership, directly or indirectly, of more
than 50% (fifty per cent) of the voting shares of such person, and with respect to a
person which is not a company or corporation, the power of direct the
management and policies of such person by operation of law.

3.1.17. If any services, functions or responsibilities not specifically described in this RFP
are inherent, necessary or customary part of the deliverables or services and are
required for proper performance or provision of the deliverables or services in
accordance with this RFP, they shall be deemed to be included within the scope of
 21
the deliverables or services, as if such services, functions or responsibilities were
specifically required and described in this RFP and shall be provided by the
Bidder.

3.2. ELIGIBILITY AND TECHNICAL QUALIFICATIONS

3.2.1. Eligibility:
S No. Eligibility Criteria Documents to be submitted

FINANCIAL CRITERIA Registration in class I contractor

The firm to be a company registered under the act
of 2013 / LLP/ Partnership Firm and in existence Copy of Certificate of Incorporation
1.1 at least for 3 (three) years at the end of preceding / State or central Government
financial year, i.e., 2020-21. (or) Registration with Registration. AP State govt.,
the state government or Central Government as Registered class I contractor.
applicable vide GO. Ms. No. 94 dated: 01.07.2003.

Net profit (after deducting tax, depreciation and Copy of the balance sheets
1.2
interest) in at least 3 financial years during the certified by the auditor /
last 5 years shall be positive. A certificate by C.A.(Chartered Accountant)
registered Chartered Accountant shall be
uploaded.
Should have Average Annual Financial Turnover
Copy of the balance sheets
1.3 of ₹ 12.00 Cr. on similar works (STP) during the last
certified by the auditor / C.A.
ten financial years ending 31st March 2021.
(Chartered Accountant)
However, the annual turnover in the last three
financial years ending 31st March 2021 A
certificate by registered Chartered Accountant
shall be uploaded
(In case of consortium/JV for O&M only,
turnover of 70% from lead partner + 30% from
Consortium member will be considered for
O&M.)
Minimum Net Worth of INR 1 crore at the
end of preceding financial year, i.e., 2020-21.

In case any of the Bidders is the Lowest Bidder in

more than one package and the Authority decides As certified by a Chartered
to award, subject to Clause 3.15, more than one Accountant.
1.4
package to such Bidder(s); the Bidder(s) should
have minimum Net Worth corresponding to the
number of packages awarded to them. For the
sake of clarity and by way of illustration, if 2
(two) Packages are awarded to one such Lowest
Bidder(s), then the minimum Net Worth of such
Bidder(s) shall be 2 crore at the end of preceding
financial year. i.e., 2020- 21
(In case of consortium/JV for O&M only
cumulative net worth of the lead partner and
Consortium member will be permitted)
 22
TECHNICAL CRITERIA
Copies of Experience Certificates
1. The firm should have carried out design, issued by the not below the rank of
2.1
supply, installation, testing and commissioning of Executive Engineer and counter
combined /standalone Sewage Treatment Plant of signed by the Superintending
at least 50% of the MLD of package capacity. Engineer of Government
Organizations / Municipal
2. The bidder must have the experience of O&M of
Corporations or their equivalent, its
2 MLD in 2 years in the last 10 years) using any
experience of developing /
technology for the Project from 2011-12 to 2020-
commissioning and operating the
21.
project in the last 10 (ten) years for
(In case of consortium/JV for O&M only, constriction and for O&M from
experience in O&M only considered for 2011-12 to 2020-21.
Consortium member.)
*Necessary documents have to be submitted to the satisfaction of the Authority.

For the purposes of this RFP, net worth (the “Net Worth”) shall mean the aggregate value of
the paid-up share capital and all reserves created out of the profits and securities premium
account, after deducting the aggregate value of the accumulated loses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but does
not include reserves created out of revaluation of assets, write back of depreciation and
amalgamation.

3.2.2. Technical Qualifications:

Max. Documents to be
S No. Technical Qualifications
Marks submitted

Experience of developing and/or Photocopies of project

constructing and operating Sewage / completion/ commissioning
septage management projects in India in certificates, any other
the last 10 years from 2011-12 to 2020- relevant documents /
21. certificates should be
Experience in construction established. The details
1 Up to 3.0 MLD = 5 marks 20
should cover Bidder
>3.0 MLD up to 6.0 MLD = 10 marks experience in development
>6.0 MLD = 20 marks of the facility. The
Maximum marks awarded will be 20 Experience Certificate
only should be issued by the not
To claim relevant development and/or less than Executive
designing and constructing /operations Engineer rank and should
experience, the entity claiming the counter signed by
experience should have been Superintending Engineer.
appointed/hired directly by the
government / operations. Subcontracting
will not be considered.
 23
The bidder must have the experience of Photocopies of project O&M
O&M of 2 MLD in 2 years in the last 10 complication Experience
years using any technology for the Certificate should be issued
Project from 2011-12 to 2020-21. by the not less than
1a. Experience in O&M 20 Executive Engineer rank
Up to 3.0 MLD = 5 marks and should counter signed
>3.0 MLD up to 6.0 MLD = 10 marks by Superintending
>6.0 MLD = 20 marks Engineer

Maximum marks awarded will be 20

only

In case of consortium, for O&M

experience of the any member or
cumulative experience of all the
members of the Consortium will be
considered.

Documents to be submitted
Average annual turnover from any
projects of similar nature in the last 3
(three) years:
1. Turnover of minimum INR 12.0 crore -
10 marks;
2 2. Turnover of INR >12.0 crore to 18.0 30 Auditor / CA certificate.
crore -20 marks; and
3. Turnover >INR 18.0 crore – 30 marks.
In case of consortium, turnover of 70%
from lead partner + 30% from
Consortium member will be considered
for O&M.
Proposed processing technology option
clearly outlining the technical and other
advantages of the proposed option along To be submitted in the
with the Approach & the Methodology for format of Appendix III of
Project development. Evaluation this RFP.
3 weightage: Proposed Technology and the
Technical plan including identification of
1.risks and mitigating plan: 40%;(12 m) 30 Additionally, Bidders whose
2. Range of influent characteristics the Bids were declared
designed plant can handle: 20%; (6 m) responsive in accordance
with Clause 3.2 and who
3. Ease of operations & maintenance: also meet the criteria set
20%; (6 m) out in Clause 2.2.1 have to
4. Human resource deployment plan: give a presentation before
20%. (6 m) Technical Advisory
Committee.
Total 100

*Necessary documents have to be submitted to the satisfaction of the Authority.

 24
* Only those bidders who score a minimum of 70 marks in the technical
qualifications will be considered for opening of price bids as per the
recommendations of the technical committee and moved to the reverse tendering
platform.

3.2.3. For determining the eligibility of Bidder, the following shall apply:

a. A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified. In the event of disqualification, the Authority shall be entitled to forfeit
and appropriate the Bid Security or Performance Security, as the case may be, as
mutually agreed genuine pre- estimated loss and damage likely to be suffered and
incurred by the Authority and not by way of penalty for, inter alia, the time, cost
and effort of the Authority, including consideration of such Bidder’s proposal (the
“Damages”), without prejudice to any other right or remedy that may be available
to the Authority under the Bidding Documents and/ or the Contract Agreement or
otherwise. Without limiting the generality of the above, a Bidder shall be deemed to
have a Conflict of Interest affecting the Bidding Process, if:

i. The Bidder, and any other Bidder, have common controlling shareholders or
other ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder, or an
Associate thereof (or any shareholder thereof having a shareholding of more
than 5% (five per cent) of the paid up and subscribed share capital of such
Bidder, Member or Associate, as the case may be) in the other Bidder, or
Associate, is less than 5% (five per cent) of the subscribed and paid up
equity share capital thereof; provided further that this disqualification shall
not apply to any ownership by a bank, insurance company, pension fund or
a public financial institution referred to in sub-section (72) of section 2 of the
Companies Act, 2013. For the purposes of this Clause 3.2.3, indirect
shareholding held through one or more intermediate persons shall be
computed as follows: (aa) where any intermediary is controlled by a person
through management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling
person in the Subject Person; and (bb) subject always to sub-clause (aa)
above, where a person does not exercise control over an intermediary, which
has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be
reckoned under this sub-clause (bb) if the shareholding of such person in
the intermediary is less than 26% of the subscribed and paid up equity
shareholding of such intermediary; or

ii. Such Bidder receives or has received any direct or indirect subsidy, grant,
concessional loan or subordinated debt from any other Bidder, or has
provided any such subsidy, grant, concessional loan or subordinated debt to
any other Bidder; or

iii. Such Bidder has the same legal representative for purposes of this Bid as
any other Bidder; or

iv. Such Bidder, has a relationship with another Bidder, directly or through
 25
common third party/ parties, that puts either or both of them in a position
to have access to each other’s information about, or to influence the Bid of
either or each other; or

v. Such Bidder has participated as a consultant to the Authority in the

preparation of any documents, design or technical specifications of the
Project.

3.2.4. A Bidder shall be liable for disqualification and forfeiture of Bid Security if any
legal, financial or technical adviser of the Authority in relation to the Project is
engaged by the Bidder, or any Associate thereof, as the case may be, in any
manner for matters related to or incidental to such Project during the Bidding
Process or subsequent to the (i) issue of the LOA or (ii) execution of the Contract
Agreement. In the event any such adviser is engaged by the Selected Bidder or
Contractor, as the case may be, after issue of the LOA or execution of the Contract
Agreement for matters related or incidental to the Project, then notwithstanding
anything to the contrary contained herein or in the LOA or the Contract
Agreement and without prejudice to any other right or remedy of the Authority,
including the forfeiture and appropriation of the Bid Security or Performance
Security, as the case may be, which the Authority may have there under or
otherwise, the LOA or the Contract Agreement, as the case may be, shall be liable
to be terminated without the Authority being liable in any manner whatsoever to
the Selected Bidder or Contractor for the same. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated 6
(six) months prior to the date of issue of RFP for the Project. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three)
years from the date of commercial operation of the Project.

3.3. Change in Ownership

By submitting the Bid, the Bidder acknowledges that it was pre-qualified and
short-listed on the basis of its technical and financial capacity and shall hold, for
entire duration of the Contract Period, equity share capital representing not less
than: (i) 51% (fifty one per cent) of the subscribed and paid-up equity of the
Contractor. The Bidder further acknowledges and agrees that the aforesaid
obligation shall be the minimum and shall be in addition to such other
obligations as may be contained in the Contract Agreement, and a breach hereof
shall, notwithstanding anything to the contrary contained in the Contract
Agreement, be deemed to be a breach of the Contract Agreement and dealt with
as such there under.

3.4. Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation
of their Bids and their participation in the Bidding Process. The Authority will not
be responsible or in any way liable for such costs, regardless of the conduct or
outcome of the Bidding Process. The document shall be obtained from the website:
htpps://www.apeprocurement.gov.in.
 26
3.5. Site visit and verification of information

3.5.1. Bidders are encouraged to submit their respective Bids after visiting the respective
locations and the Project sites and ascertaining for themselves the conditions at
the respective location and the Project sites, surroundings, availability of power,
water & other utilities for construction, access to sites, handling and storage of
materials, weather data, applicable laws and regulations and any other matter
considered relevant by them. No financial claims for such visits and for collection
of information shall be reimbursable. The Bidders can contact concerned DCTOs
for any clarifications and doubts regarding RFP.

3.5.2. It shall be deemed that by submitting a Bid, the Bidder has:

a. made a complete and careful examination of the bidding documents;

b. received all relevant information requested from the authority;

c. accepted the risk of inadequacy, error or mistake in the information provided

in the bidding documents or furnished by or on behalf of the authority relating
to any of the matters referred to in clause 3.5.1 above;

d. satisfied itself about all matters, things and information including matters
referred to in clause 3.5.1 hereinabove necessary and required for submitting
an informed bid, execution of the project in accordance with the bidding
documents and performance of all of its obligations there under;

e. acknowledged and agreed that inadequacy, lack of completeness or

incorrectness of information provided in the bidding documents or ignorance of
any of the matters referred to in clause 3.5.1 hereinabove shall not be a
basis for any claim for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from the authority, or a
ground for termination of the Contract Agreement by the Contractor;

f. acknowledged that it does not have a conflict of interest; and

g. agreed to be bound by the undertakings provided by it under and in terms

hereof.

3.5.3. The Authority shall not be liable for any omission, mistake or error in respect of
any of the above or on account of any matter or thing arising out of or concerning
or relating to RFP, the Bidding Documents or the Bidding Process, including any
error or mistake therein or in any information or data given by the Authority.

3.6. Verification and Disqualification

3.6.1. The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP or the Bidding
Documents and the Bidder shall, when so required by the Authority, make
available all such information, evidence and documents as may be necessary for
such verification. Any such verification, or lack of such verification, by the
Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor
will it affect any rights of the Authority thereunder.
 27

3.6.2. The Authority reserves the right to reject any Bid and appropriate the Bid
Security if:

a. at any time, a material misrepresentation is made or uncovered, or

b. The Bidder does not provide, within the time specified by the
Authority, the supplemental information sought by the Authority for
evaluation of the Bid.

3.6.3. Such misrepresentation/ improper response shall lead to the disqualification of

the Bidder. If such disqualification / rejection occurs after the Bids have been
opened and the Selected Bidder gets disqualified / rejected, then the Authority
reserves the right to:

i. Take any such measure (s) as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.

3.6.4. In case it is found during the evaluation or at any time before signing of the
Contract Agreement or after its execution and during the period of subsistence
thereof, including the Concession thereby granted by the Authority, that one or
more of the pre-qualification conditions have not been met by the Bidder, or the
Bidder has made material misrepresentation or has given any materially incorrect
or false information, the Bidder shall be disqualified forthwith if not yet appointed
as the Contractor either by issue of the LOA or entering into of the Contract
Agreement, and if the Selected Bidder has already been issued the LOA or has
entered into the Contract Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be
liable to be terminated, by a communication in writing by the Authority to the
Selected Bidder or the Contractor, as the case may be, without the Authority being
liable in any manner whatsoever to the Selected Bidder or Contractor. In such an
event, the Authority shall be entitled to forfeit and appropriate the Bid Security
or Performance Security, as the case may be, as Damages, without prejudice to
any other right or remedy that may be available to the Authority under the
Bidding Documents and/ or the Contract Agreement, or otherwise.

Incomplete tenders or tenders not fulfilling any of the conditions specified in the
RFP document are liable to be rejected without assigning any reason.

B. DOCUMENTS

3.7. Contents of the RFP

3.7.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in
accordance with Clause 3.9.

Invitation for Bids

Section 1. Introduction
Section 2. Terms of Reference
Section 3. Instructions to Bidders
Section 4. Evaluation of Bids
 28
Section 5. Fraud and Corrupt Practices
Section 6. Pre-Bid Conference
Section 7. Miscellaneous

Appendices

I. Letter comprising Bid along with Details of Bidder in Appendix I-Annex I.

II. Details of Eligible Projects
III. Technical Bid
IV. Price bid
V. Power of Attorney for signing of Bid
VI. Anti-Collusion Certificate
VII. Bid Security

3.8. Clarifications

3.8.1. Bidders requiring any clarification on the RFP may notify the Authority in writing
and by e- mail at concerned DCTO of the Projects. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavour to respond to the queries
within the period specified therein, but no later than 3 (three) days prior to the Bid
Due Date. The responses will be sent by e-mail. The Authority will forward all the
queries and its responses thereto, to all Bidders without identifying the source of
queries.

3.8.2. The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.

3.8.3. Requests for additional information, or any delay in complying with such requests,
shall not, however, in any way affect the obligation of the Bidder to upload the
complete Bids by the deadline indicated above.

3.8.4. The Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Bidders. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.

3.9. Amendment of RFP

3.9.1 At any time prior to the Bid Due Date, the Authority may, for any reason, whether
at its own initiative or in response to clarifications requested by a Bidder, modify
the RFP by the issuance of Addenda.

3.9. 2. Any Addendum issued hereunder shall be shared on the e procurement portal.

3.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion may
extend the Bid Due Date
 29

C. PREPARATION AND SUBMISSION OF BIDS

3.10. Format and Signing of Bid

3.10.1. Bidder shall in its Bid provide all the information sought under the Bidding
Documents. The Authority will evaluate only those Bids that are received in the
required formats and complete in all respects.
3.10.2. The Bidder shall upload the set of bid documents on e-Procurement platform.

3.10.3. All the pages of Bid including brochures should be made in an organized,
structured, and neat manner. Brochures / leaflets etc may also be uploaded. Bids
with erasing / overwriting / cutting which are without authentication will be liable
for rejection.

3.11. Uploading the Eligibility, Technical, Price bids.

3.11.1. The Bid shall consist of uploading the three important parts of the RFP
documents

a. The Bidder have to upload all the certificates pertaining to eligibility

conditions certificates as per 3.2.1 (2.1).

b. The Bidder should upload all the documents pertaining to Technical bid as
per Technical Qualification 3.2.2.(all Experience certificates issued by not
below the rank of Executive Engineering and counter signed by
Superintending Engineer.

c. The bidder have to upload all the financial documents as per the 3.2.1 (1.1)

3.12. Bid Due Date

3.12.1. The Authority may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum in accordance with Clause 3.9 uniformly for all Bidders.

3.13. Rejection of Bids

3.13.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to
reject any Bid and to annul the Bidding Process and reject all Bids at any time
without any liability or any obligation for such acceptance, rejection or annulment,
and without assigning any reasons therefore. In the event that the Authority rejects
or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit
fresh Bids hereunder.

3.13.2 The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any Bid without assigning any
reasons.

3.14. Validity of Bids

The Bids shall be valid for a period of not less than 90 (ninety) days from the Bid
Due Date. The validity of Bids may be extended by mutual consent of the
respective Bidders and the Authority.
 30

3.15. Confidentiality

Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the
Bid, in confidence and will require all those who have access to such material to
treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by any statutory entity that has the power under law
to require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the Authority or as may be required by law or in
connection with any legal process.
 31
3.16. Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid.

D. BID SECURITY

3.17. Bid Security

3.17.1. The Bidder shall upload as part of its Bid, a Bid Security referred to in Clauses
3.1.6 and
3.1.7 herein above in the form of Demand Draft drawn on a nationalized bank, or a
Scheduled Bank in India in favor of “the Managing Director, APTIDCO” payable at
Vijayawada (the “Demand Draft”) and having a validity period of not less than 90
(ninety) days from the Bid Due Date, and may be extended as may be mutually
agreed between the Authority and the Bidder from time to time. For the avoidance
of doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the
Reserve Bank of India Act, 1934.

3.17.2 The Authority shall not be liable to pay any interest on the Bid Security deposit so
made and the same shall be interest free.

3.17.3 Any Bid not uploading the Bid Security and the Demand Draft towards the cost of
RFP shall be summarily rejected by the Authority as non-responsive.

3.17.4 Save and except as provided in Clause 1.2.4 above, the Bid Security of
unsuccessful Bidders will be returned by the Authority, without any interest, as
promptly as possible on acceptance of the Bid of the Selected Bidder or when the
Bidding process is cancelled by the Authority, and in any case within 90 (ninety)
days from the Bid Due Date. Where Bid Security has been paid by demand draft,
the refund thereof shall be in the form of an account payee demand draft in favour
of the unsuccessful Bidder(s). Bidders may by specific instructions in writing to the
Authority give the name and address of the person in whose favour the said
demand draft shall be drawn by the Authority for refund, failing which it shall be
drawn in the name of the Bidder and shall be mailed to the address given on the
Bid.

3.17.5 The Selected Bidder’s Bid Security will be returned, without any interest, upon the
Contractor signing the Contract Agreement and furnishing the Performance
Security in accordance with the provisions thereof. The Authority may, at the
Selected Bidder’s option, adjust the amount of Bid Security in the amount of
Performance Security to be provided by him in accordance with the provisions of
the Contract Agreement.

3.17.6 The Authority shall be entitled to forfeit and appropriate the Bid Security as
Damages inter alia in any of the events specified in Clause 3.2.4 & 3.6.4. The
Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that the Authority will suffer loss and damage on
account of withdrawal of its Bid or for any other default by the Bidder during the
period of Bid validity as specified in this RFP. No relaxation of any kind on Bid
Security shall be given to any Bidder.
 32

3.17.7 The Bid Security shall be forfeited as Damages without prejudice to any other right
or remedy that may be available to the Authority under the Bidding Documents
and/ or under the Contract Agreement, or otherwise, if

a. A Bidder submits a non-responsive Bid;

b. A Bidder engages in a corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice as specified in Clause 5 of this RFP;

c. A Bidder withdraws its Bid during the period of Bid validity as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;

d. The Selected Bidder fails within the specified time limit –

i. To sign and return the duplicate copy of LOA; or

ii. To sign the Contract Agreement; or
iii. To furnish the Performance Security within the period prescribed there for
in the Contract Agreement.

e. The Selected Bidder, having signed the Contract Agreement, commits any
breach thereof prior to furnishing the Performance Security.

4. EVALUATION OF BIDS
4.1. Opening and Evaluation of Bids

4.2. Tests of responsiveness

4.2.1. Prior to evaluation of Bids, the Authority shall determine whether each Bid is
responsive to the requirements of this RFP. A Bid shall be considered responsive
if:

a. It is received as per the formats at Appendix–I to Appendix-III;

b. It is received by the Bid Due Date.

c. The Bid Security and the demand draft towards cost of RFP as specified in
Clause 3.1.6 & 1.3, to be uploaded;

d. It is accompanied by the Power of Attorney as specified in Clause 3.1.7;

e. It contains all the information (complete in all respects) as requested in this

RFP and/or Bidding Documents (in formats same as those specified);

f. It does not contain any condition or qualification;

4.2.2. The Authority reserves the right to reject any Bid which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such Bid. Provided, however, that the
Authority may, in its discretion, allow the Bidder to rectify any infirmities or
omissions if the same do not constitute a material modification of the Bid.
 33

4.6. SELECTION OF BIDDER

4.6.1. The authority shall carry out the technical bid evaluation solely based on the
uploaded certificates / documents, DD / BG towards EMD/ affidavit, in the e-
Procurement system and open the price bids of the responsive bidders and
proceed further for reverse auctioning.

i. The Price bids of all the bidders who scored 70 marks or more than 70 marks
shall be opened and the lowest quoted price bid among the qualified bidders in the
tender process shall be determined.
ii. To conduct the reverse tender process at least two bidders would be required.
iii. The L1 Price Offer (Initial) shall be the maximum allowable Bid price for the
reverse tendering process.
iv. Only one round of reverse tendering shall be carried out in which bidders can
revise their bids multiple times within the time limits specified.
v. At the start of the Reverse Tendering process the Maximum Allowable Bid Price
will be set and bidders shall submit their bids in an online platform.
Names of the bidders / vendors shall be anonymously masked in the Reverse
Tendering process and vendors will be given suitable dummy names.
vi. The initial period of the Reverse tendering process will start after 3 hours,
following which there will be auto extensions of time by 15 minutes in case
of any reduction in bids recorded in the prior15 minutes.
vii. Only the current L1 bid shall be visible to all bidders who may revise their bids
until the end of the process.
viii. Decrements made in each subsequent bid shall not be less than 0.5% of L1
bid price uploaded.
ix. The L1 bid may be determined following a period of inactivity of more than 15
minutes of reverse bidding after the initial 3 hour period after closure of the main
bidding.
x. In case there are discrepancies between the L1 bidder’s declarations under the
technical and financial criteria and the supporting documents submitted, the L1
bidder shall be disqualified, his EMD shall be forfeited, he will be removed from
the reverse tendering process and the remaining bidders shall be notified of the
date and time when the reverse tendering process shall be resumed.
xi. The reverse tendering process shall be resumed with the L2 price as the Maximum
Allowable Bid Price.
xii. Only 15 minutes shall be initially allowed for the remaining bidders to revise their
bids, subject to automatic extensions of 15 minutes in case of any reduction in
bids recorded in the prior 15 minutes.
The reverse tendering process shall continue until the determination of a
successful bidder.

4.6.3. In the event of a Bidder is the Lowest Bidder for more than two packages, the
Authority reserves the right to restrict the number of packages awarded to each
Bidder to 2 (Two) and the other package shall be awarded to the other Bidders as
per the following procedure:

i. The Lowest Bidder will be allowed to take 2 (Two) package only.

ii. The Authority will invite the second Lowest Bidder for the other package to
match the Lowest Bidder’s reverse auctioned Bid Price for such package
 34
and in case the second Lowest Bidder does not match the Lowest Bidder’s
reverse auctioned Bid Price, the offer will be made on the third Lowest
Bidder and so on;

iii. In the eventuality that a Bidder is the Lowest Bidder in more than two
(two) packages, then the other packages will be awarded to the second
Lowest Bidder or the other Bidders as per the procedure explained in
Clause 4.6.3 (ii) above; and

iv. In case no other Bidder matches the reverse auctioned Bid Price of the
Lowest Bidder in the other package it/they shall be awarded to the Lowest
Bidder only.

v. The technical committee has every right for allotment of Packages.

vi. After the selection of the lowest bidder by the internal committee of
APTIDCO, the same will be placed before technical committee constituted
by the Government as per Go.Mo. No 545. Dt: 30.11.2020 of MA& UD
department for approval. The technical committee will approve the lowest
bidder and submit to the Government for permission to issue LOA.

4.6.4. After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the
Authority to the Selected Bidder and the Selected Bidder shall, within 7 (seven)
days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof. In the event the duplicate copy of the LOA duly signed
by the Selected Bidder is not received by the stipulated date, the Authority may,
unless it consents to extension of time for submission thereof, appropriate the
Bid Security of such Bidder as Damages on account of failure of the Selected
Bidder to acknowledge the LOA, and the next eligible Bidder may be invited for
negotiations.

4.6.5. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Contractor to execute the Contract Agreement. The Agreement shall be
executed in two copies in English language, each party receiving one original
copy. The Selected Bidder shall not be entitled to seek any deviation,
modification or amendment in the Contract Agreement.

4.6.6. On signing of the Contract Agreement, the Contractor shall intimate the name of
the principal officer who will be acting for and on behalf of the Contractor in all
its relations and communications with the Authority. If there is any change in
the principal officer, Contractor shall intimate such change to the Authority
immediately.

4.7. Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are

opened and until such time the Authority makes official intimation of award/
rejection to the Bidders. While the Bids are under consideration, Bidders and/ or
their representatives or other interested parties are advised to refrain, save and
except as required under the Bidding Documents, from contacting by any means,
the Authority and/ or their employees/ representatives on matters related to the
Bids under consideration.
 35
5. Fraud and corrupt practices

5.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and
subsequent to the issue of the LOA and during the subsistence of the Contract
Agreement. Notwithstanding anything to the contrary contained herein, or in the
LOA or the Contract Agreement, the Authority may reject a Bid, withdraw the
LOA, or terminate the Contract Agreement, as the case may be, without being
liable in any manner whatsoever to the Bidder or Contractor, as the case may be,
if it determines that the Bidder or Contractor, as the case may be, has,
directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice
in the Bidding Process. In such an event, the Authority shall be entitled to forfeit
and appropriate the Bid Security or Performance Security, as the case may be, as
Damages, without prejudice to any other right or remedy that may be available to
the Authority under the Bidding Documents and/ or the Contract Agreement, or
otherwise.

5.2. Without prejudice to the rights of the Authority under Clause 5.1 hereinabove
and the rights and remedies which the Authority may have under the LOA or the
Contract Agreement, or otherwise if a Bidder or Contractor, as the case may be,
is found by the Authority to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice during the Bidding Process,
or after the issue of the LOA or the execution of the Contract Agreement, such
Bidder or Contractor shall not be eligible to participate in any tender or RFP
issued by the Authority during a period of 2 (two) years from the date such
Bidder or Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.

5.3. For the purposes of this Clause 5, the following terms shall have the meaning
hereinafter respectively assigned to them:

a. “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the actions of any person
connected with the Bidding Process (for avoidance of doubt, offering of
employment to or employing or engaging in any manner whatsoever, directly
or indirectly, any official of the Authority who is or has been associated in any
manner, directly or indirectly, with the Bidding Process or the LOA or has
dealt with matters concerning the Contract Agreement or arising there from,
before or after the execution thereof, at any time prior to the expiry of one year
from the date such official resigns or retires from or otherwise ceases to be in
the service of the Authority, shall be deemed to constitute influencing the
actions of a person connected with the Bidding Process); or (ii) save and except
as permitted under the Clause 3.2.4 of this RFP, engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the LOA
or after the execution of the Contract Agreement, as the case may be, any
person in respect of any matter relating to the Project or the LOA or the
Contract Agreement, who at any time has been or is a legal, financial or
technical adviser of the Authority in relation to any matter concerning the
Project;
 36

b. “Fraudulent Practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;

c. “Coercive Practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;

d. “Undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Bidding Process; or (ii) having a Conflict of Interest; and

e. “Restrictive practice” means forming a cartel or arriving at any understanding

or arrangement among Bidders with the objective of restricting or
manipulating a full and fair competition in the Bidding Process.

f. Work will be carried out as per the G.O Ms No: 94 of TR& B dt: 16.04.2008.
Price adjustment tiggers only when the variation is beyond +/-5% only. Price
Adjustment shall not be applicable for manufactured items using cement &
Steel.

6. Deleted

7. MISCELLANEOUS

7.1. The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and including but not limited to laws of Government of Andhra
Pradesh and APTIDCO Rules and Regulations in force and as amended from time
to time; and the Courts in Vijayawada shall have exclusive jurisdiction in all
disputes arising under, pursuant to and/ or in connection with the Bidding
Process.

7.2. The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;

a. suspend and/ or cancel the Bidding Process and/ or amend and/ or

supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;

b. consult with any Bidder in order to receive clarification or further

information;

c. retain any information and/ or evidence submitted to the Authority by, on

behalf of, and/ or in relation to any Bidder;

d. independently verify, disqualify, reject and/ or accept any and all

submissions or other information and/ or evidence submitted by or on
behalf of any Bidder; and or

e. amend, modify or re-issue the Bidding Documents or any part thereof.

 37
7.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses
or liabilities in any way related to or arising from the exercise of any rights and/
or performance of any obligations hereunder, pursuant hereto and/ or in
connection with the Bidding Process and waives, to the fullest extent permitted
by applicable laws, any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.

7.4. The design, construction and the operation of the STP shall be carried out in
compliance with applicable social and environmental laws.

7.5. The Selected Bidder shall agree to operate the Project with a documented
environmental, health and safety, and social management system.

Proforma for Technology :-

Name of the Work :- Providing Sewage Treatment Plants (STPs) at the locations of (1)
Biradawada (0.90MLD) in Naidupet-II ULB, 2) Mannrupoluru (0.80MLD) of
Sullurupeta-II ULB (3) Chevireddypalli (0.80MLD) of Venkatagiri-II ULB (4)
Akkacheruvupadu-II (1.60MLD) (5) Kallurupalli-II(1.10MLD) (6) Kondlapudi-II
(0.50MLD) and (7) Kondlapudi III(0.70MLD) of Nellore ULB (Total 6.40MLD)
in Nellore district of Deputy Chief Technical officer, Nellore Circle, APTIDCO,
Developed Affordable Housing Projects in Andhra Pradesh on “Design,
Engineering, Construction, Supply, Installation, Testing, Erection &
Commissioning and thereafter Operate & Maintain the STPs for 5 (Five)
Years” basis (including Defect Liability Period of two years from the Date of
Completion of Project).

IV Price bid: - Rs………/-

Technology proposed: -

S. No Name of the ULB Capacity Name of the

Location in MLD Technology Proposed
1 Biradawada Naidupeta-II 0.90
2 Mannrupoluru Sullurupeta-II 0.80
3 Chevireddypalli Venkatagiri-II 0.80
4 Akkacheruvupadu- Nellore 1.60
II
5 Kallurupalli-II Nellore 1.10
6 Kondlapudi II Nellore 0.50
7 Kondlapudi III Nellore 0.70
TOTAL 6.40MLD
 38

Capital cost of: Rs--------/-

Operation and maintenance of:- Rs--------/-

S. Name of the Capacity Amount in Rs

N Location in MLD
Ist Year 2nd Year 3rd Year 4th Year 5th
o
Year
1 Biradawada 0.90
2 Mannrupoluru 0.80
3 Chevireddypalli 0.80
4 Akkacheruvupad 1.60
u-II
Kallurupalli-II 1.10
Kondlapudi II 0.50
Kondlapudi III 0.70
 39

APPENDIX I
LETTER FOR THE BID
(On Bidder’s Letter Head)

To, Date:
The Chief Technical Officer - I,
APTIDCO, Vijayawada.
Sub:

Bid(s) submitted for: Package: (please write package number for which
Bid(s) is/are submitted)

With reference to your RFP Document dated --------------, I/we, having examined
all relevant documents and understood their contents, hereby submit our Bid
for selection as Contractor for the subject project. The Bid is unconditional and
unqualified.

2. I/We acknowledge that the Authority will be relying on the information provided
in the Bid and the documents accompanying the Bid for selection of the
Contractor, and we certify that all information provided in the Bid and in the
Appendices, are true and correct, nothing has been omitted which renders such
information misleading; and all documents accompanying such Bid are true
copies of their respective originals.

3. The Bid is being submitted for the express purpose of qualifying as a Selected
Bidder for the aforesaid Project.

4. I/We shall make available to the Authority any additional information it may
deem necessary or require for supplementing or authenticating the Bid.

5. I/We acknowledge the right of the Authority to reject our application without
assigning any reason or otherwise and hereby waive our right to challenge the
same on any account whatsoever.

6. I/We certify that in the last three years, we have neither failed to perform on
any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Bidder,
nor been expelled from any project or contract by any public authority nor have
had any contract terminated by any public authority for breach on our part.

7. I/We certify that we are not barred by the Government of Andhra Pradesh or
any other State Government in India or the Government of India, or any public
agencies from participating in similar projects as on [ ] (Bid Due Date).
8. I/We declare that:
a. We have examined and have no reservations to the RFP Documents,
including any Addendum issued by the Authority;

b. I/We do not have any conflict of interest as mentioned in the Bidding Documents;

c. I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in respect of any tender or
 40
request for proposal issued by or any agreement entered into with the
Authority or any other public sector enterprise or any government,
Central or State; and

d. I/We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Clause 5 of the RFP, no person acting for us or on
our behalf will engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice.

8. I/We understand that you may cancel the Bidding Process at any time and
that you are neither bound to accept any Bid that you may receive nor to
select the Contractor, without incurring any liability to the Bidders.

9. I/We declare that I/we/any Member, am/are not a member of a/any other
party applying for the Project.

10. I/We certify that I/we or any of our Members have not been convicted by a
Court of Law or indicted or adverse orders passed by a regulatory authority
which would cast a doubt on our ability to undertake the Project for the
Project or which relates to a grave offence that outrages the moral sense of
the community.

11. I/We further certify that in regard to matters relating to security and
integrity of the country, I/we have not been charge-sheeted by any
Government agency or convicted by a Court of Law.

12. I/We further certify that no investigation by a regulatory authority is

pending either against me/us/any Member or against our chief executive
officer or any of my/our directors/managers/employees.

13. I/We hereby irrevocably waive any right or remedy which we may have at
any stage at law or howsoever otherwise arising to challenge or question any
decision taken by the Authority and/ or the Government of India in
connection with the selection of the Contractor or in connection with the
Bidding Process itself, in respect of the above mentioned Project and the
terms and implementation thereof.

14. I/We agree and undertake to abide by all the terms and conditions of the RFP.

15. I/We agree and undertake to be jointly and severally liable for all our
obligations as per the provisions set out under the Contract Agreement.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFP.

Yours faithfully,

(Signature, name and designation of the

authorized signatory) (Name and seal of the
Bidder)
 41
APPENDIX I – ANNEX I
DETAILS OF BIDDER

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business (provide a

true copy of the incorporation certificate):

2. Brief description of the Bidder including details of its main lines of business
and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:

(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) e-Mail Address:
(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:

5. A statement by the Bidder or any of their Associates disclosing material non-

performance or contractual non-compliance in past projects, contractual disputes
and litigation/ arbitration in the recent past is to be given below (Attach extra
sheets, if necessary).
 42
APPENDIX II
DETAILS OF ELIGIBLE PROJECTS

Name of the Bidder claiming the project development/O & M experience:

Project development/Design & construction Experience (Table 1):

S Project Category Project Details
No.
(wastewater /
STP, etc.)
1. Project Title:

2. Location:

3. Type of Contract (EPC, BOT, etc) & duration:

4. Year of award:

5. Date of commencement of the project;

6. Project completion / commissioning/

commercial operations date:

1 7. Project description:

8. Project Cost/Contract value:

9. Design capacity:

10. Description of the project technology:

11. Description of the product treated per day:

12. Complete role of the Bidder:

13. Client (government /private authority)

contact person Name, designation and contact
details for whom the project was
developed/executed:

14. Any other relevant information:

*above table is to be provided where, Experience for the projects submitted
 43
Project O & M Experience (Table 2):
S No. Project Category Project Details
(Wastewater/STP, etc.)

<
1. Project Title:
2. Location:
3. Type of Contract (O& M Contract,
Management Contract, etc.) & duration:
1 4. Year of award:

5. Date of commencement of the project;

6. Project completion date:

<

7. Project description:

8. Project Contract value:

9. Design capacity:

10. Description of the project technology:

11. Description of the product treated per

day:
12. Complete role of the Bidder:
13. Client (government /private
authority) contact person Name,
designation and contact details for whom
the project was developed/executed:
14. Any other relevant information:

*To be provided where, as part of scope of work, only O & M of the project is
covered; and where project development covering both construction and the
operation had been undertaken under the scope of work, Table 1 to be used.
a. The above table(s) should contain the summary details that need to be
provided for the projects that the Bidder wishes to showcase as relevant
experience in support of both project development/design & construction
and O & M experience over the last 10 years.

b. Bidders can showcase a maximum of 5 (five) projects for each of the above
categories, considered most relevant by the Bidders.
c. For each project showcased, the following details (along with the supporting
documents) should be enclosed to demonstrate the Bidder’s fulfillment of
eligibility and qualification criteria as stipulated in Clause 3.2.1 & Clause
3.2.2 of the RFP:
a work order/contract agreement/certificate from the client for each of
the projects showcased. Such documents should at least state the
following:
 scope of work and contract type;
 technology employed and capacity in terms of KLD/MLD;
 date of award and commercial operations date / project commissioning date;
 contract duration; and
 a certificate, if any, on the current status of the project.
 44
APPENDIX III
FORMAT OF TECHNICAL PROPOSAL

The Bidders shall provide a Technical Bid based on the requirements given in the
RFP, setting out the proposed technology, process flow-chart with design values for
inputs and outputs at each stage, with plan for implementation and operation of
the Project. The Technical Bid shall comprise the approach and methodology for
treatment and disposal and/or reuse of Sewage & Sludge, implementation schedule
and timelines, manpower deployment, etc. The Technical Bid shall be in adherence
to all the regulatory guidelines/norms/standards, etc., and the requirements set
out in the draft Contract Agreement.

The Technical Bid shall cover the following aspects:

I. Technical Plan for Construction of all parts of the value-chain covering the following
things:

i. Name of the proposed technology: 0.1 to 0.5 MLD:

>0.5 MLD:
(If more than one technology is used in the package then the following
details shall be provided for all the technologies clearly with the name of
the technology and package Number highlighted)
ii. Design basis: Process flow-chart with design values for inputs and
outputs for all the unit operations.
iii. Process description accompanying process flow-chart with covering the
following things briefly:
Mass Balance calculations for the process flow-chart indicating
loading rates/retention period and efficiency of unit operations;
Dimensioned layout of treatment components within site plan;
Hydraulic profile of treatment components;
Energy consumption.
iv. Broad engineering aspects with materials specifications:
Material specifications, equipment/machinery used, structural
aspects, specifications for laboratories, etc.
Dimensioned layout including associated infrastructure such as
sewage receiving station, internal drainage and any other facility as
required for the safe and efficient operation of the treatment
facility;
Anticipated life in years for components including civil,
electromechanical and any other machinery installed;
Procurement/Construction/installation/implementation plan along
with quality control protocols, QA testing, etc.,
v. Area allocation statement – the area utilization plan for the Project and
Project facilities including processing facility, any other facilities and
common areas etc.
vi. Implementation Plan – present a detailed activity schedule along with
milestones in line with the requirements set out in the draft Contract
Agreement. This should include a schedule for procuring, installing, and
deploying equipment and trial run and testing at the site. This should
also outline the timeline envisaged for obtaining various Government
 45
approvals. Salient features of the proposed technology and Plant &
Equipment deployed: To cover range of influent characteristics the
designed plant can handle, Bio-solids (dry sludge) Output parameters,
etc.
II. Operation & Maintenance Plan:

i. Process Flow Chart and Material Balance Statement setting out the
activities and the outputs at each stage.

ii. Calculations and methodology for operations with respect to processing &
disposal and/or reuse of sewage & sludge at the sites.

iii. Resource Utilization Statement indicating the proposed equipment

procurement and utilization, contracting activities, utilization of office and
other facilities.

iv. The maintenance (regular & emergency) schedules should also be

indicated over the entire Contract Period.

v. Re-use of treated outputs (liquid and solid).

vi. Details on net energy consumption/MLD of Sewage treated.

VI. Identification of Risks and Mitigation plan:

Ability of the system to ensure all weather operations and be able to handle
variable inputs of varying characteristics, ability of the system to handle
anticipated shocks such as floods, soil- subsidence, power outage, process
hazard if chemical or biological materials are used, etc., and measures for
mitigating risks.

VII. Environment, Health & Safety Policy and Practice:

The Bidders shall indicate compliance mechanism towards environment,

health and safety regulations, as applicable to the Project which are proposed
to be adopted during the entire Contract Period.

Note: In case a Bidder is proposing different technologies and implementation

plans, etc., such Bidder(s) has to submit the Technical Plan for such locations
separately and to be uploaded in e-procurement platform. Details of all the
components, their dimensions and the materials used are to be clearly
mentioned in the submission of the Technical Proposal.
 46
Appendix–IV
Power of Attorney for signing
of Bid$ (Refer Clause 3.1.7)

Know all men by these p r e s e n t s , We (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorize
Mr. / Ms (Name)
, son/daughter/wife of and presently residing at
, who is presently employed with us and holding the position of
as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do
in our name and on our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our bid for the
Project proposed or being developed by APTIDCO (the “Authority”) including
but not limited to signing and submission of all applications, bids and other
documents and writings, participate in bidders' and other conferences and
providing information / responses to the Authority, representing us in all matters
before the Authority, signing and execution of all contracts including the Contract
Agreement and undertakings consequent to acceptance of our bid, and generally
dealing with the Authority in all matters in connection with or relating to or arising
out of our bid for the said Project and/or upon award thereof to us and/or till the
entering into of the Contract Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all
acts, deeds and things done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all acts,
deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, , THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS
DAY OF , 2021

For
Witnesse (Signature, name, designation and
s: 1. address)
2.

Accepted Notarised
(Signature, name, designation and address of the
Attorney)

$To be submitted in original.

 45

Notes:
 The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executant(s) and when it is so required, the same should
be under common seal affixed in accordance with the required procedure.

 Wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a board or shareholders
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.

 For a Power of Attorney executed and issued overseas, the document will
also have to be legalised by the Indian Embassy and notarised in the
jurisdiction where the Power of Attorney is being issued. However, the Power
of Attorney provided by Bidders from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Apostille certificate.
 46

APPENDIX V
ANTI-COLLUSION CERTIFICATE
(To be executed on stamp paper of appropriate value)

We undertake that, in competing for (and, if the award is made to us, in executing)
the Project, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act, 1988” and its subsequent amendments
thereof.

We hereby certify and confirm that in the preparation and submission of our Bid,
we have not acted in concert or in collusion with any other Bidder or other
person(s) and also not done any act, deed or thing which is or could be regarded as
anti-competitive.

We further confirm that we have not offered nor will offer any illegal gratification in
cash or kind to any person or agency in connection with this Bid.

Dated this ..........................day of , 2021

....................................................
(Name of the Bidder)

....................................................
(Signature of the Bidder / Authorized Person)

....................................................
(Name of the Authorized Person)
 47

APPENDIX–VI
Bank Guarantee for Bid Security
(Refer Clauses 3.1.5 and 3.1.6)

B.G. No. Dated:

1. In consideration of you, ………………………..……, having its office at ,
(hereinafter referred to as the “Authority”, which expression shall unless it be
repugnant to the subject or context thereof include its, executors,
administrators, successors and assigns) having agreed to receive the Bid of
(a company registered under the Companies Act,
1956/2013) and having its registered o ffi ce at (here in after referred to as
the “Bidder” which expression shall unless it be repugnant to the subject or
context thereof include its/their successors and assigns), for the
………………………….. Project on basis (hereinafter referred to as the “Project”)
pursuant to the RFP Document dated issued
in respect of the Project and other related documents including without
limitation the draft contract agreement (hereinafter collectively referred to as
“Bidding Documents”), we (Name of the Bank) having our registered office at
……………………… and one of its branches at
…………………….. (Hereinafter referred to as the “Bank”), at the request of the
Bidder, do hereby in terms of Clause 3.1.5 read with Clause 3.1.6 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee the
due and faithful fulfillment and compliance of the terms and conditions of the
Bidding Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an
amount of Rs. …………. (Rupees ……………………….. only) (hereinafter referred
to as the “Guarantee”) as our primary obligation without any demur,
reservation, recourse, contest or protest and without reference to the Bidder if
the Bidder shall fail to fulfill or comply with all or any of the terms and
conditions contained in the said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfillment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due
and payable under this Guarantee without any demur, reservation, recourse,
contest or protest and without any reference to the Bidder or any other person
and irrespective of whether the claim of the Authority is disputed by the Bidder
or not, merely on the first demand from the Authority stating that the amount
claimed is due to the Authority by reason of failure of the Bidder to fulfill and
comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its Bid open during the Bid validity
period as set forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due
and payable by the Bank under this Guarantee. However, our liability under
this Guarantee shall be restricted to an amount not exceeding Rs. (Rupees
only).
 48

4. This Guarantee shall be irrevocable and remain in full force for a period of 90
(ninety) days from the Bid Due Date inclusive of a claim period of 60 (sixty) days
or for such extended period as may be mutually agreed between the Authority
and the Bidder, and agreed to by the Bank, and shall continue to be enforceable
till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide
as to whether the Bidder is in default of due and faithful fulfillment and
compliance with the terms and conditions contained in the Bidding Documents
including, inter alia, the failure of the Bidder to keep its Bid open during the Bid
validity period set forth in the said Bidding Documents, and the decision of the
Authority that the Bidder is in default as aforesaid shall be final and binding
on us, Notwithstanding any differences between the Authority and the Bidder or
any dispute pending before any Court, Tribunal, Arbitrator or any other
authority.

6. The Guarantee shall not be affected by any change in the constitution or

winding up of the Bidder or the Bank or any absorption, merger or
amalgamation of the Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to
treat the Bank as the principal debtor. The Authority shall have the fullest
liberty without affecting in any way the liability of the Bank under this
Guarantee from time to time to vary any of the terms and conditions contained
in the said Bidding Documents or to extend time for submission of the Bids or
the Bid validity period or the period for conveying acceptance of Letter of Award
by the Bidder or the period for fulfillment and compliance with all or any of the
terms and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the powers
exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Bank shall not
be released from its liability under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of
time being given to the said Bidder or any other forbearance, act or omission on
the part of the Authority or any indulgence by the Authority to the said Bidder
or by any change in the constitution of the Authority or its absorption, merger
or amalgamation with any other person or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be

sufficiently given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorized to receive the
said notice of claim.
 49

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall be
enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and
which shall, at the time when proceedings are taken against the Bank
hereunder, be outstanding or unrealized.

11. We, the Bank, further undertake not to revoke this Guarantee during its
currency except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has
full power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall
be restricted to Rs. lakh (Rupees lakh only). The Bank shall be liable to
pay the said amount or any part thereof only if the Authority serves a written
claim on the Bank in accordance with paragraph 9 hereof, on or before […….
(indicate date falling 90 days after the Bid Due Date)].

Signed and Delivered by Bank

By the hand of Mr./Ms …………………….., its and authorized official.

(Signature of the Authorized Signatory)

(Official Seal)
 50

Check list for submission of the Bid

Evidence
S.n Particular Response submitted (Give
o detail of
documents
submitted)
1 Companies’ registration details?

Registration with State

2
Government/ Central
Government as Contractor?
Year-
Bidder registered profit in any of
3
the last three years preceding the Profit-
bid date? 2011-2021
Year Turn over
Average annual turnover in the
Year Turn over
4 last three years, preceding the bid
date 2018-19 to 2020-21 Year Turn over

Year Net worth

Annual Net Worth of the bidder in
5 the last three years 2018-19 to Year Net worth
2020-21
Year Net worth
Mention along with
Technology

1)Project 1 – MLD---

No. of projects constructed in the 2)Project 1 – MLD

6 last ten years with MLD. 2011-12

3)Project 1 – MLD
to 2020-21
4)Project 1 – MLD

5)Project 1 – MLD

6)Project 1 – MLD

1)Project 1 – MLD---
2)Project 1 – MLD
No. of projects O&M done for 2 3)Project 1 – MLD
7 years in the last 10 years 2011-12
4)Project 1 – MLD
to 2020-21
5)Project 1 – MLD
6)Project 1 – MLD
 51

Package 1

Packages number bid for-

8 Please circle the package Package 2
number
Package 3
Proposed technology for location
9 wise

a) 0.1 to 0.5MLD

b) >0.5 MLD
Detailed designs of the
10 components of the location wise
employed with dimensions and
materials used for all locations –
have they been submitted?
11 Is Power of Attorney submitted?

12 Is an Anti-Collusion certificate
submitted?
13 Is Bank Guarantee submitted?

14 Price bid submitted?

15 Technical Bid submitted?

16 List of Eligible projects submitted?

Please list the areas for which

17
bid/ bids are submitted?
Proposed Technology and the
18 Technical plan including
identification of risks and
mitigating plan have been
explained in detail?
Are the Ranges of influent
19
characteristics the designed
plant can handle, mentioned?
The Ease of operations &
20
maintenance have been
explained?

21 Is Hazard risk management plan

submitted?

Chief Technical Officer - I,

APTIDCO, Vijayawada.
 52

APPENDIX–A
Power of Attorney for Lead Member of Consortium

Whereas A.P Township and Infrastructure Development Corporation Limited

(APTIDCO) (the “Authority”) has invited bids from eligible parties to establish Sewage
Treatment Plants (STPs) in the Affordable Housing Projects being developed at
various locations in Nellore circle ,APTIDCO of Andhra Pradesh on “Design,
Engineering, Construction, Supply, Installation, Testing, Erection & Commissioning
and thereafter Operate & Maintain the STPs for 5 (Five) Years” basis (the “Project”).

Whereas, …………………... and ………………………. (collectively the “Consortium”)

being Members of the Consortium are interested in bidding for the Project in
accordance with the terms and conditions of the Request for Proposal and other
connected Bid documents including the Agreement in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them
as the Lead Member with all necessary power and authority to do for and on behalf
of the Consortium, all acts, deeds and things as may be necessary in connection
with the Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ……………… having our registered office at …………………, (hereinafter referred

to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint
and authorize M/s …………………, having its registered office at ………………………,
being one of the Members of the Consortium, as the Lead Member and true and
lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and
hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all
business for and on behalf of the Consortium and any one of us during the bidding
process and, in the event the Consortium is awarded the Contract, during the
execution of the Project, and in this regard, to do on our behalf and on behalf of the
Consortium, all or any of such acts, deeds or things as are necessary or required or
incidental to the submission of its bid for the Project, including but not limited to
signing and submission of all applications, bids and other documents and writings,
respond to queries, submit information / documents, sign and execute contracts and
undertakings consequent to acceptance of the Bid of the Consortium and generally
to represent the Consortium in all its dealings with the Authority, and/or any other
Government Agency, or any person, in all matters in connection with or relating to or
arising out of the Consortium’s Bid in all respect for the Project and/ or upon award
thereof till the Contract Agreement is entered into with the Authority & completed.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred
shall and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ……………… DAY OF …... 2021.

For …………
(Signature)
 53

-------------------------
(Name & Title)

(Executant)
(To be executed by the Member of the Consortium)

Witnesses:

1.
2.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.

 Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a resolution/ power of attorney in favour
of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.

 For a Power of Attorney executed and issued overseas, the document will also have
to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation Convention,
1961 are not required to be legalized by the Indian Embassy if it carries a
conforming Apostille certificate.
 54

APPENDIX B
Format for Joint Bidding Agreement for Consortium
(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…

AMONGST

1. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at …………} and (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the
context include its successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to
as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) A.P Township and Infrastructure Development Corporation Limited (APTIDCO)

represented by its Managing Director and having its principal offices at ------, ------
--, Vijayawada (hereinafter referred to as the “Authority” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators,
successors and assigns) has invited bids (the Bids”) by its Request for Proposal No.
………… dated …………(the “RFP”) to establish Sewage Treatment Plants (STPs) in
the Affordable Housing Projects being developed at various locations in Nellore
Circle,APTIDCO of Andhra Pradesh on “Design, Engineering, Construction,
Supply, Installation, Testing, Erection & Commissioning and thereafter Operate &
Maintain the STPs for 5 (Five) Years” basis (the “Project”) through a Contract
Agreement.

(B) The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFP document
and other bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy thereof
with the Bid.

NOW IT IS HEREBY AGREED as follows

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFP.
 55

2. Consortium
2.1. The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for
the purposes of jointly participating in the Bidding Process for the Project.

2.2. The Parties hereby undertake to participate in the Bidding Process only through
this Consortium and not individually and/ or through any other consortium
constituted for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the
selected Bidder and awarded the Project, it shall enter into a Contract Agreement
with the Authority and for performing all its obligations as the Contractor in terms
of the Contract Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described
below:

(a) Party of the First Part shall be the Lead member of the Consortium and shall
have the power of attorney from all Parties for conducting all business for and on
behalf of the Consortium during the Bidding Process and under Contract
Agreement;

(b) Party of the Second Part shall be {the Member of the Consortium}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms
of the RFP and the Contract Agreement, till such time as the completion of the
Project is achieved under and in accordance with the Contract Agreement.

6. Share of work in the Project

The Parties agree that the proportion of construction in the Contract for works
execution to be allocated between the members as follows:

First Party:

Second Party:

Further, the Lead Member shall hold 51% of the equity share among the members
of the Consortium, if the Contract is allocated to the Consortium.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing under the
 56

laws of its incorporation and has all requisite power and authority to enter into
this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has
been authorized by all necessary and appropriate corporate or governmental action
and a copy of the extract of the charter documents and board resolution/ power of
attorney in favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its knowledge:

i. require any consent or approval not already obtained;

ii. violate any Applicable Law presently in effect and having applicability to it;

iii. violate the memorandum and articles of association, by-laws or other

applicable organizational documents thereof;

iv. violate any clearance, permit, concession, grant, license or other

governmental authorization, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such Party
is a party or by which such Party or any of its properties or assets are bound
or that is otherwise applicable to such Party;

or

v. create or impose any liens, mortgages, pledges, claims, security interests,

charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects or
which would have a material adverse effect on the financial condition or
prospects or business of such Party in the fulfillment of its obligations under this
Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full
force and effect until the Project completion including Defect Liability Period is
achieved under and in accordance with the Contract Agreement, in case the Project
is awarded to the Consortium. However, in case the Consortium is either not
qualified for the Project or does not get selected for award of the Project, the
Agreement will stand terminated in case the Applicant is not qualified or upon
return of the Earnest Money Deposit (Bid Security) by the Authority to the Bidder,
as the case may be.
 57

9. Miscellaneous

9.1. This Joint Bidding Agreement shall be governed by laws of India.

9.2. The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART

(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)

In the presence of:

1. 2.

Notes:

1. The mode of the execution of the Joint Bidding Agreement should be in accordance
with the procedure, if any, laid down by the Applicable Law and the charter documents
of the executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the
person executing this Agreement for the delegation of power and authority to execute
this Agreement on behalf of the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
 58

Annexure-B
 59

Section – II : GENERAL CONDITIONS

1. Definitions:

Sub-clause 1.1

a) The Employer is the : Chief Technical Officer-1, APTIDCO

Address : RTC House, 4th Floor, PNB Station, Vijayawada.

E-mail : Aptidco.ce@gmail.com

Website :

Telephone Number : 91+ 9701190622

b) The “Engineer-in- charge” is Executive Engineer in-charge of Execution.

The following additional words and expressions shall have the meanings
assigned to them, except where the context otherwise required:

i. Authority or Department shall mean the successors in office and

assigns.

ii. The “Chief Engineer" shall mean the Chief Technical Officer (APTIDCO).

iii. The "Chief Engineer, APTIDCO " shall mean the Chief Technical Officer,
APTIDCO who is designated as such for the time being, in whose
jurisdiction the works lies.

iv. The "Executive Engineer" shall mean the Executive Engineer, (Technical
Officer) -------- who is designated as such for the time being, in whose
jurisdiction the works lies.

v. The “Engineer” shall mean Executive Engineer (Technical Officer) or any

authorized representative who is the consultant to the department
appointed by the employer to perform the duties and responsibilities of
the consultant in supervising the contract.

vi. The “Engineer’s representative “means the project manager appointed /

nominated by the Engineer, who is consultant to the department to
perform the duties and the responsibilities of the engineer in supervising
the contract.

vii. A "Day" shall mean a day of 24 hours from midnight to midnight

irrespective of the number of hours worked in that day.

viii. A “Week” shall mean 7 consecutive days without regard to the number of
hours worked in any day in that week.

ix. The “Site” shall mean the lands and /or other places, on under, in or
through which the work is to be executed under the Contract including
any other lands or places which may be allotted by the Department or
used for the purpose of Contract.

x. “Urgent Works” shall mean any measures which, in the opinion of

Engineer becomes necessary during the progress of the work to obviate
any risk or accident or failure or which becomes necessary for security of
the work or the persons working thereon.
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Clause 2 Engineer’s Duties

Sub-Clause 2.1(d) The Engineer shall obtain the specific approval of the
Employer in respect of the following:

a. Approving subletting of the Work

b. Granting claims to the Contractor

c. Ordering suspension of the work

d. Determining an extension of time

e. Waiving off the penalty and arranging the repayment of compensation for
delay

f. Issuing of Variation Order

g. Ordering any work/test beyond the scope of the Contract

h. Determining rates for the extra items /extra work

i. Any variations in the contract condition

j. Approval to designs and working drawings

Duties of the Engineer’s Representative

Sub Clause 2.7

The duties of the Engineer's Representative are to watch and supervise the work
and to test and examine any materials to be used or workmanship employed in
connection with the Works.

2. Interpretation:

2.1 In interpreting these Conditions of Contract, singular also means plural, male
also means female, and vice-versa. Headings have no significance. Works have
their normal meaning under the language of the contract unless specifically
defined. The Engineers-in-charge will provide instructions clarifying queries
about the conditions of Contract.

2.2 The documents forming the Contract shall be interpreted in the following order of
priority:

1) Agreement
2) Letter of Acceptance, notice to proceed with the works
3) Scope of work and drawings
4) Special Conditions of contract
5) General Conditions of Contract
6) B.I.S. codes on construction materials and relevant BIS codes applicable to
the work.
7) Technical Proposal of the contractor duly accepted by employer
8) L.S. Price Bid.
9) Any other document listed as forming part of the Contract.
 61

3. Engineer-in-Charge’s Decisions:

3.1 Except where otherwise specifically stated, the Engineer-in-charge will decide the
contractual matters between the Department and the Contractor in the role
representing the Department.

4. Delegation:

4.1 The Engineer-in-charge may delegate any of his duties and responsibilities to
other officers and may cancel any delegation by an official order issued.

5. Communications:

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

6. Sub-contracting:

6.1 If the prime contractor desires to sub-let a part of the work, he should submit the
same at the time of filing Bids itself or during execution, giving the name of the
proposed Sub-contractor, along with details of his qualification and experience.
The Bid Accepting Authority should verify the experience of the Sub-contractor
and if the Sub-contractor satisfies the qualification criteria in proportion to the
value of work proposed to be sub-let, he may be permitted subject to the approval
of Chief Technical Officer, APTIDCO. The total value of works to be awarded on
sub-letting shall not exceed 50%of contract value. The extent of subletting
shall be added to the experience of the sub-contractor and to that extent
deducted from that of the main contractor.

6.2 The Contractor shall submit the names of their representatives who will be
supervising the work along with their photo ID card to the department within a
month from the date of entering into agreement. Further, in case of change in the
personnel the same shall be intimated to the department, a week in advance. If
other are found to be executing / supervising the work, such work will be treated
as a work let out un authorizedly.

6.3 If it is found that the agency has sub-let the work unauthorized, the agency shall
be black listed and barred from participating in bidding for Government works for
a period of six years.

6.4 Recognition of unauthorized sub letting may be based on reports of V&E

Department or any officer above the rank of Executive Engineer.
6.5 On receipt of such a report, the agreement concluding authority shall call for an
explanation from the agency fixing a time limit not exceeding 30 days. If no reply
is received within the time limit, it will be deemed that the agency has no
explanation to offer and orders shall be passed black-listing the agency by the
Government.

6.6 If a reply is received, the reply shall be examined and an order after giving due to
consideration to the reply shall be passed by the Government.

6.7 A contracting firm shall also be black listed it is found that the firm has a person
as partner / director who is also a partner / director in a black –listed firm.
 62

7. Other Contractors:

7.1 The Contractor shall cooperate and share the Site with other Contractors, Public
Authorities, Utilities, and the Department. The Contractor shall also provide
facilities and services for them as directed by the Engineer-in-charge.

8. Personnel:

8.1 The Contractor shall employ the required Key Personnel named in the Schedule
of Key Personnel to carry out the functions stated in the Schedule or other
personnel approved by the Engineer-in-charge. The Engineer-in-charge will
approve any proposed replacement of Key Personnel only if their qualifications,
abilities, and relevant experience are substantially equal to or better than those of
the personnel listed in the Schedule.

8.2 In case of failure to employ the required technical personnel by the contractor,
the following amounts will be recovered from the contractor over and above the
provision made in Schedule-B from the contractors bills.

Graduate Engineer Rs. 1170/day

Diploma holder Rs.910/day

8.3 The technical personnel should be on full time and available at site whenever
required by Engineer in Charge to take instructions.

8.4 The names of the technical personnel to be employed by the contractor

exclusively for this work should be furnished in the statement enclosed
separately.

8.5 If the contractor fails to employ technical personnel the work will be suspended
or department will engage a technical personnel and recover the cost thereof from
the contractor

8.6 If the Employer/Employer’s Representative asks the Contractor to remove a

person who is a member of Contractor’s staff or his work force stating the reasons
the Contractor Shall ensure that the person leaves the site forthwith and has no
further connection with the work in the contract.

8.7 The List of Key Personnel to be deployed on this project is mentioned in

Annexure – A.

9. Contractor’s Risks:

9.1 All risks or loss of or damage to physical property and of personnel injury and
death, which arise during and in consequence of the performance of the Contract
are the responsibility of the Contractor.

10. Insurance: Dispensed with as per G.O.Ms. No.5 Finance (W&P) Dept.
dt. 05.03.2014.

11. Site Inspections:

11.1 The contractor should inspect the site and also proposed quarries of choice
for materials source of water and quote his percentage including quarrying,
conveyance and all other charges etc. The responsibility for procuring land for the
borrow area rests with the Contractor at his cost, and no separate payment will
be made for this purpose. The contractor’s quoted rate will be inclusive of land
cost of borrow area.
 63

12. Contractor to Construct the Works:

12.1 The Contractor shall construct and Commission the Work in accordance with
the specifications and Drawings.
13. Diversion of streams /Vagus / Drains.
13.1 The contractor shall at all times carry out construction of cross drainage works in
a manner creating least interference to the natural flow of water while consistent
with the satisfactory execution of work. A temporary diversion shall be formed by
the contractor at his cost where necessary. No extra payment shall be made for
this work.
13.2 No separate payment for bailing out sub-soils, water drainage or locked up rain
water for diversion, shoring, foundations, bailing of pumping water either from
excavation of soils from foundations or such other incidental will be paid. The
percentage to be quoted by the contractor are for the finished item of work in situ
and including all the incidental charges. The borrow pits are also to be de-
watered by the contractor himself at his expense, if that should be found
necessary.
13.3 The work of diversion arrangements should be carefully planned and prepared by
the contractor and forwarded to the Executive Engineer technically
substantiating the proposals and approval of the Executive Engineer obtained for
execution
13.4 The contractor has to arrange for bailing out water, protection to the work in
progress and the portion of works already completed and safety measures for
men and materials and all necessary arrangements to complete the work.
13.5 All the arrangements so required should be carried out and maintained at the
cost of the contractor and no separate or additional payments is admissible..
13.6 Coffer Dams.
Necessary coffer dams and ring bunds have to be constructed at the cost of
contractor and same are to be removed after the completion of the work at the
discretion of the department
14. Power Supply.
14.1 The contractor shall make his own arrangements for obtaining power from the
Electricity dept., at his own cost. The contractor will pay the bills of Electricity
Department for the cost of power consumed by him.
14.2 The contractor shall satisfy all the conditions and rules required as per Indian
Electricity Act 1910 and under Rule-45 (I) of the Indian Electricity Rules, 1956 as
amended from time to time and other pertinent rules.
14.3 The power shall be used for bonafide departmental work only.
15. Temporary Diversions (Works on Highways/Municipal Roads)
15.1 The contractor shall at all times carryout work on the highway in a manner
creating least interference to the flow of traffic while consistent with the
satisfactory execution of the same. For all works involving improvements to the
existing highway, the contractor shall in accordance with the directions of the
Engineer-in-charge provide and maintain during the execution of the work a
passage for traffic, either along a part of the existing carriage way under
improvement or along a temporary diversion constructed close to the highway.
 64

15.2 If in the opinion of the Employer/Employer’s Representative, it is not possible

to pass the traffic on part width of the carriageway for any reason, a temporary
diversion close to the highway shall be constructed as directed. It shall be paved
with the materials such as hard moorum, gravel and stone, metal to the specified
thickness as directed by Employer/Employer’s Representative. In all cases, the
alignment, gradients and surface type of the diversion including its junctions,
shall be approved by the Employer/Employer’s Representative before the
highway is closed to traffic.

15.3 The contractor shall take all necessary measures for the safety of traffic during
construction and provide erect and maintain such barricades, including signs,
markings, flags lights and information and protection of traffic approaching or
passing through the section of the highway under improvement. Before taking up
any construction, an agreed phased programme for the diversion of traffic on the
highway shall be drawn up in consultation with the Employer/Employer’s
Representative.

15.4 The barricades erected on either side of the carriage way portion of the carriage
way closed to traffic, shall be of strong design to resist violation and painted with
alternative black and white stripe. Red lanterns or warnings lights of similar type
shall be mounted on the barricades at night and kept lit throughout from sunset
to sunrise.

16. Ramps:

Ramps required during execution may be formed wherever necessary and same
are to be removed after completion of the work at the discretion of the
department. No separate payment will be made for this purpose.

17. Monsoon Damages:

Damages due to rain or flood either in cutting or in banks shall have to be made
good by the contractor till the work is handed over to the Department. The
responsibility of de-silting and making good the damages due to rain or flood
rests with the contractor. No extra payment is payable for such operations and
the contractor shall therefore have to take all necessary precautions to protect
the work done during the construction period.

18. The works to be completed by the Intended Completion Date:

18.1 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 Employer/Employer’s
Representative, and complete the work by the Intended Completion Date.

19. Safety:

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

20. Discoveries:

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

discovered on the Site is the property of the Government. The Contractor is to
notify Employer/Employer’s Representative of such discoveries and carry out
the Employer/Employer’s Representative instructions for dealing with them.
 65

21. Possession of the Site.

21.1 The Department shall give possession of the site to the Contractor. If possession
of a part site is given, the Department will ensure that the part site so handed
over is amenable to carryout the work at site by the Contractor.

21.2 The Site for the execution of the work will be available as soon as the work is
awarded. In case it is not possible for the department to make entire site available
on the award of the work, due to any unforeseen reasons like court orders etc.,
the contractor will have to modify his working programme accordingly. No claim
whatsoever for not giving the entire site in one stretch on award of work, (or) for
handing over the site in phases will be tenable.

22. Access to the Site:

22.1 The Contractor shall provide the Employer/Employer’s Representative and

any person authorized by the Engineer-in-Charge, 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.

23. Instructions:

23.1 The Contractor shall carry out all instructions of the Employer/Employer’s
Representative and comply with all the applicable local laws where the Site is
located.

Site Order Book:

A site order book shall be maintained on the site and it shall be the property of
the Employer and the Contractor shall promptly sign orders given therein by the
Engineer or his authorized representative and comply with them. The compliance
shall be reported by Contractor to the Engineer in real time so that it can be
checked. The blank site order book with machine numbered pages in
quadruplicate with perforated sheet for three copies to be detached will be
provided by the Engineer for this purpose. Whenever any instructions are written
in the site order book, the Contractor will be supplied the first carbon copy.

24. Settlement of disputes:

24.1 If any dispute of difference of any kind whatsoever arises between the department
and the Contractor in connection with, or arising out of the Contract, whether
during the progress of the works or after their completion and whether before or
after the termination, abandonment or breach of the Contract, it shall in the first
place, be referred to and settled by the Employer/Employer’s Representative who
shall, within a period of thirty days after being requested by the Contractor to do
so, give written notice of his decision to the Contractor. Upon receipt of the
written notice of the decision of the Employer/Employer’s Representative the
Contractor shall promptly proceed without delay to comply with such notice of
decision

24.2 If the Employer/Employer’s Representative fails to give notice of his decision in

writing within a period of thirty days after being requested or if the Contractor is
dissatisfied with the notice of the decision of the Employer/Employer’s
Representative, the Contractor may within thirty days after receiving the notice of
decision appeal to the Department who shall offer an opportunity to the
contractor to be heard and to offer evidence in support of his appeal, the
Department shall give notice of his decision within a period of thirty days after
the Contractor has given the said evidence in support of his appeal, subject to
 66

arbitration, as hereinafter provided. Such decision of the Department in respect

of every matter so referred shall be final and binding upon the Contractor and
shall forthwith be given effect to by the Contractor, who shall proceed with the
execution of the works with all due diligence whether he requires arbitration as
hereinafter provided, or not. If the Department has given written notice of his
decision to the Contractor and no claim to arbitration, has been communicated to
him by the Contractor within a period of thirty days from receipt of such notice
the said decision shall remain final and binding upon the Contractor. If the
Department fail to give notice of his decision, as aforesaid within a period of thirty
days after being requested as aforesaid, or if the Contractor be dissatisfied with
any such decision, then and in any such case the contractor within thirty days
after the expiration of the first named period of thirty days as the case may be,
require that the matter or matters in dispute be referred to arbitration as detailed
below:

SETTLEMENT OF CLAIMS:

Settlement of claims for Rs.50,000/- and below by Arbitration.

All disputes or difference arising of or relating to the Contract shall be referred to

the adjudication as follows:

The arbitration shall be conducted in accordance with the provisions of Indian

Arbitration and Conciliation Act 1996 or any statutory modification thereof.

The arbitrator shall state his reasons in passing the award.

Claims above Rs.50,000/-.

All claims of above Rs.50,000/- are to be settled by a Civil Court of competent

jurisdiction by way of Civil suit and not by arbitration.

A reference for adjudication under this clause shall be made by the contractor
within six months from the date of intimating the contractor of the preparation of final
bill or his having accepted payment whichever is earlier.

B. TIME FOR COMPLETION

25. Programme:

25.1 The total period of completion is 6 (Six) Months from the date of entering with
agreement to proceed including rainy season. Keeping in view, the schedule for
handing over of site given in condition Sl. No.21 work should be programmed
such as to achieve the mile-stones as in “Rate of progress statement”. Mile stones
will be drawn by the agency which should be acceptable to the Department.

25.2 The attention of the bidder is directed to the contract requirement at the
beginning commencement of the work, the required rate of progress and the
corresponding dates for completion for the whole work, and for executing its
several parts as per milestones. The following rate of progress and proportionate
value of work done from time to time as will be indicated by Employer/Employer’s
Representative Certificate for the value of work done and completion of
milestones will be required. Date of commencement of the programme will be the
date for concluding the contract.

25.3 After signing the agreement, the contractor shall forthwith begin the work, shall
regularly and continuously proceed with them.
 67

25.4 Rate of progress:

i) The Contractor shall give the Work Programme for achieving the
milestones in consultation with the Department, and the same will form
a part of the Contract.

Work Program for Achieving the Milestones (Annexure-I):

SlNo Mile Period Description of work/ Item Quantity to be

stone No in of work Completed
Months
Physical Financial

(ii) Programme of handing over Site to the Contractor.

Site will be handed over to the contractor in stages according to the

progress of work.

25.5 The contractor shall commence the works on site within the period specified after
the receipt by him of a written order to this effect from Employer/ Employer’s
representative and shall proceed with the same with due expedition and without
delay, except as may be expressly sanctioned or ordered by Employer/
Employer’s representative, or be wholly beyond the contractor’s control.

25.6 Deleted

25.7 The contractor shall bear all costs and charges for special or temporary way
leases required by him in connection with access to the site. The contractor shall
also provide at his own cost any additional accommodation outside the site
required by him for the purposes of the work.

25.8 Any section of the works shall be completed as per the work programme within
the specified milestones and time periods as required in the contract, before
completion of the whole of the works.

25.9 Delays and extension of time:

No claim for compensation on account of delays or hindrances to the work from

any cause whatever shall lie, except as hereafter defined. Reasonable extension
of time will be allowed by the Engineer-in-Charge / Competent Authority for
unavoidable delays, such as may result from causes, which in the opinion of the
Engineer-in-Charge, are undoubtedly beyond the control of the contractor. The
Engineer-in-Charge shall assess the period of delay or hindrance caused by any
written instructions issued by him, at 25% in excess of the actual working period
so lost.
In the event of the Engineer-in-Charge failing to issue necessary instructions and
thereby causing delay and hindrance to the contractor, the latter shall have the
right to claim an assessment of such delay by the concerned Superintending
Engineer whose decision will be final and binding. The contractor shall lodge in
writing with the Engineer-in-Charge a statement of claim for any delay or
hindrance referred to above, within fourteen days from its commencement,
otherwise no extension of time will be allowed.

Whenever authorized alterations or additions made during the progress of the

work are of such a nature in the opinion of the Engineer-in-Charge as to justify
 68

an extension of time in consequence thereof, such extension will be granted in

writing by the Engineer-in-Charge / Competent Authority when ordering such
alterations or additions.

Proposals for extension of time should be sent to the Competent Authority

sufficiently in advance and in any case at least one month before the expiry of the
contract period.

26. Construction Programme:

26.1 The Contractor shall furnish within 15 days from the receipt of the work order,
the work a programme showing the sequence in which he proposed to carry out
the work, monthly progress expected to be achieved, also indicating date of
procurement of materials plant and machinery. The schedule should be such that
it is practicable to achieve completion of the whole work within the time limit
fixed and in keeping with the Mile stone programme specified and shall obtain the
approval ofEmployer/ Employer’s representative. Further rate of the progress as
in the program shall be kept up to date. In case it is subsequently found
necessary to alter this program, the contractor shall submit sufficiently in
advance the revised program incorporating necessary modifications and get the
same approved by. Employer/ Employer’s representative No revised program
shall be operative with out approval Employer/ Employer’s representative
(Annexure – E).

26.2 The Employer/ Employer’s representative hall have all times the right, without
any way violating this contract, or forming grounds for any claim, to alter the
order of progress of the works or any part thereof and the contractor shall after
receiving such directions proceed in the order directed. The contractor shall also
report the progress to the Employer/ Employer’s representative within 7 days of
direction to alter the order of progress of works.

26.3 The Contractor shall give written notice to the Employer/ Employer’s
representative whenever planning or progress of the works is likely to be delayed
or disrupted unless any further drawings or order including a direction,
instruction or approval is issued by Employer/ Employer’s representative within
a reasonable time. The notice shall include details of the drawing or order
required and of why and by when it is required and of any delay or disruption
likely to be suffered if it is late.

27. Speed of Work:

27.1 The Contractor shall at all times maintain the progress of work to conform to the
latest operative progress schedule approved by Employer/ Employer’s
representative. The contractor should furnish progress report indicating the
programme and progress once in a month. The Employer/ Employer’s
representative may at any time in writing direct the contractor to slow down any
part or whole of the work for any reason (which shall not be questioned)
whatsoever, and the contractor shall comply with such orders of the Employer/
Employer’s representative. The compliance of such orders shall not entitle the
contractor to any claim of compensation. Such orders of the Employer/
Employer’s representative for slowing down the work will however be duly taken
into account while granting extension of time if asked by the contractor for which
no extra payment will be entertained..

27.2 Delays in Commencement or progress or neglect of work and forfeiture of earnest

money, Security deposit and withheld amounts:
 69

If, at any time, Employer/ Employer’s representative shall be of the opinion that
the Contractor is delaying Commencement of the work or violating any of the
provisions of the Contractor is neglecting or delaying the progress of the work as
defined by the tabular statement. “Rate of progress” in the Articles of Agreement”,
he shall so advise the Contractors in writing and at the same time demand
compliance in accordance with conditions of Bid notice. If the Contractor neglects
to comply with such demand within seven days after receipt of such notice, it
shall then or at any time thereafter, be lawful for the Employer/ Employer’s
representative to take suitable action in accordance with Clauses of P.S to APSS.

28. Suspension of works by the Contractor:

28.1 If the Contractor shall suspend the works, or sublet the work without sanction of
the Employer/ Employer’s representative, or in the opinion of Employer/
Employer’s representative shall neglect or fail to proceed with due diligence in the
performance of his part of the Contract as laid down in the Schedule rate of
progress, or if he shall continue to default or repeat such default in the respects
mentioned in clause.27 of the APSS Employer/ Employer’s representative shall
take action in accordance with Clauses of P.S to APSS.

28.2 If the Contractor stops work for 28 days and the Stoppage has not been
authorized by the Employer/ Employer’s representative the Contract will be
terminated under Clauses of P.S to APSS.

28.3 If the Contractor has delayed the completion of works the Contract will be
terminated under Clauses of P.S to APSS.

29. Extension of the Intended Completion Date:

29.1 The Employer/ Employer’s representative shall extend or recommend for

extension, in accordance with the Government orders in force, the Intended
Completion Date if a Variation is issued which makes it impossible for
Completion to be achieved by the Intended Completion Date.

29.2 The Employer/ Employer’s representative shall decide whether and by how much
to extend the Intended Completion Date within 21 days of the Contractor asking
the Employer/ Employer’s representative for the Contractor has failed to give
early warning of a delay or has failed to cooperate in dealing with a delay, the
delay by this failure shall not be considered in assessing the new Intended
Completion Date.

30. Delays Ordered by the Employer/ Employer’s representative:

30.1 Employer/ Employer’s representative may instruct the Contractor to delay the
start or progress of any activity within the Work.

31. Early Warning:

31.1 The contractor is to warn the Employer/ Employer’s representative at the earliest
opportunity of specific likely future events or circumstances that may adversely
affect the Execution of Works.

31.2 The Contractor shall cooperate with the Employer/ Employer’s representative in
making and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the work and in
carrying out any resulting instruction of the Employer/ Employer’s
representative.
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32. Management Meetings:

32.1 The Employer/ Employer’s representative may require the Contractor to attend a
management meeting. The business of a management meeting shall be to review
the programme for remaining work and to deal with matters raised in accordance
with the early warning procedure.

C. QUALITY CONTROL

33. Identifying Defects:

33.1 The Employer/ Employer’s representative 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 Employer/ Employer’s representative may
instruct the Contractor to verify the Defect and to uncover and test any work that
the Employer/ Employer’s representative considers may be a Defect.

34. Tests:

34.1 Laboratory for testing:

The contractor shall for the purpose of testing the material shall establish a field
laboratory of 40 sq. meter area. The contractor shall provide all equipments as
per list in Annexure - D.

34.2 If the Employer/ Employer’s representative instructs the Contractor to carry out
a test not specified in the Specification to check whether any work has a Defect
and the Contractor shall pay for the test and any samples.

35. Correction of Defects:

35.1 The Employer/ Employer’s representative shall give notice to the Contractor of
any Defects before the end of the Defects Liability Period, which begins on
Completion. The defects liability period shall be extended for as long as defects
remain to be corrected by the Contractor.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified
defect within the length of time specified by the Employer/ Employer’s
representative notice.

36. Uncorrected Defects:

36.1 If the contractor has not corrected the defect within the time specified in the
Employer/ Employer’s representative notice, the Engineer-in-Charge will assess
the cost of having the defect corrected and the contractor will pay this amount.
36.2 The Employer/ Employer’s representative shall introduce Check Slips and O.K.
cards and prescribed the formats there of. O.K. cards shall relate to all major
components of the work. The contractor with his authorized representative shall
be required to initiate and fill in and present the O.K. card to the construction
staff who would check the respective items and send to the quality control staff
for final check and clearance of Check slips and O.K cards. Any defects pointed
out by the construction supervision staff or by the Quality Control staff shall
promptly be attended to by the contractors and the fact of doing so be duly
recorded on the back of O.K. card.
36.3 The Employer/ Employer’s representative may also introduce check lists which
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shall be kept in Bound registers by the construction supervision staff. The

contractor may be required to fill up these lists in the first instance and shall be
subsequently checked by the Construction / Quality Control engineers.
36.4 If the work of remedying any defects or damages affects the performance of the
works, the Engineer-in-Charge may require the repetition of any of the tests
described in the Contract, including Tests on Completion and/or tests after
completion. The requirement shall be made by notice within 28 days after the
defect or damage is remedied. These tests shall be carried out in accordance with
the terms applicable to the previous tests, except that they shall be carried out at
the risk and cost of the contractor.
37. Quality Assurance & Quality Control:
37.1 Quality Assurance: The Contractor shall submit quality assurance plan within
one month from the Commencement Date for approval of Engineer-in-Charge.
The Contractor shall institute a quality assurance system to demonstrate
compliance with the requirements of the Contract. The Engineer-in-Charge shall
be entitled to audit any aspect of the system.
Details of all procedures and compliance documents shall be submitted to the
Engineer-in-Charge for information before each design and execution stage is
commenced.
Compliance with the quality assurance system shall not relieve the Contractor of
any of his duties, obligations or responsibilities under the Contract.
37.2 Quality Control:
In addition to the normal inspection by the Engineer in-Charge or his representative
and the regular staff in-charge of the Construction of work, the work will also be
inspected by the Executive Engineer of Quality control or by the State or District level
Vigilance Cell Unit and any other authorized external Agency. Third Party Quality
Control is mandatory, and the charges thereof for testing shall be borne by the
APTIDCO and the instructions of the Government and the Chief Technical Officer,
APTIDCO shall be followed scrupulously in this regard. If any sub-standard work or
excess payments are noticed with reference to measurement books etc., during
inspection, action will be taken based on their observations and these will be effected
by the Engineer-in-Charge of the execution of the work.
For all works costing more than Rs.2 Cr., the Contractor shall submit quality
plan and also show proof of owning quality lab to be established and also tie-up
with established quality lab.

Quality control monitoring reports, test results, reports of corrective action etc.,
shall be furnished to the Engineer-in-Charge at regular intervals.

Quality Audit will be got conducted by the Engineer-in-Charge departmentally or

by other organization and the contractor shall extend the testing facilities to them
also at his cost.
The contractor shall produce the Quality records maintained by him to the Engineer-
in-Charge for the quality audit.
37.3 Quality Management Plan (QMP): The Contractor shall submit the Quality
Management Plan (QMP) for the Contract work indicating the following, within one
month from the Commencement Date for approval of the Engineer-in-Charge.
a) The quantum of work to be done, quantities of various materials required and the
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electrical and mechanical equipment to be installed.

b) The number of tests to be conducted for various materials, electrical and
mechanical equipment and also for finished items of work as per the IS Codes and
other codes.
c) The details of field laboratories and testing facilities available for conducting the
above tests.
d) MoU with reputed Engineering Colleges / External laboratories of repute / labs
approved by the Government for conducting required tests on equipment and
materials.
e) The Contractor’s personnel in-charge of quality management, with their names,
duties and authority. The qualifications of the personnel in-charge of collecting
samples, testing materials, testing equipment and finished items of work, persons in-
charge of quality assurance with powers to reject the defective work, the process of
rectification of defects and deficiencies, the process of corrective actions for avoiding
recurrence of defects.
f) Any other information that may be required by the Engineer-in-Charge.
g) Copies of the Quality Management Plan have to be furnished to the Engineer-in
Charge.
D. COST CONTROL
38.0 Contract Price – Schedule of payment. Bill of quantities.
38.1 The contract price shall be the total value of work for the CONTRACT turnkey
contract as per contract including 2 years Defect Liability Period for CIVIL works
and O&M for 5 years which includes 2 years Defect Liability Period.

38.2 The Bidder shall maintain the Civil works for 2 year Defects Liability Period and
O&M for 5 years which includes 2 years Defect Liability Period. He shall maintain
the STP with all standards and specifications of maintenance (conforming to
relevant B.I.S Codes of practice) .
38.3 Notwithstanding anything that is stated, the contract price once quoted by the
Contractor and accepted by the Employer shall be final and shall not be subject
to any claims on any ground what so ever of the Contractor.
38.4 The contract price of the total work is divided among different components of
works as per the percentages specified in Annexure-II ‘Schedule of payments’
and the payments will be regulated accordingly.

38.5 The Contractor shall submit the detailed designs and drawings and after their
approval by the competent authority and based on them, submit the detailed
estimate with BoQ (Bill of Quantities) which will form the basis of payment in
terms of G.O Ms.No.50 I & CAD dt. 2-3-2009. The Detailed Estimate and BoQ
shall be submitted after proper investigation and duly complying with the Scope,
Deliverables and Objectives of the proposed scheme. The items of the estimate
shall be suitably clubbed or grouped for assessment of value of work done.

39.0 Changes in the Quantities:

39.1 Being a lump sum contract on CONTRACT – Turnkey basis, the

contractor is bound to complete and commission the entire work under
the contract on a firm lump sum price quoted and on a single source
 73

responsibility basis. The Contractor shall be deemed to have satisfied

himself as to the correctness and sufficiency of the Contract price.
Therefore the contractor is bound to execute all supplemental works
that are found essential, incidental and inevitable during execution of
main work.

40. Extra Items:

40.1 Extra items of work shall not vitiate the contract. This being a lump sum contract
on Turnkey (CONTRACT) basis for a firm lump sum price quoted and on single
source responsibility basis, the contractor shall be bound to execute any items of
work contingent to main work for completion in full shape as directed by the
Engineer-in-Charge.

40.2 Entrustment of additional items:

40.2.1 Variations in Scope of Work: Payment in such cases where the designs approved
result in "Substantial Reduction" in quantities of that component from the
estimated quantities, the payment schedule will be adjusted to the actual
quantities only and limited as per estimate rates for that component. Payment
schedule will remain unchanged in case of increase in the quantities in a
component in terms of Memo.No.28569/M&MI (T-IV)/2012-1 dt.20-12-2012 of
I&CAD (PW) Dept except in cases where the approval was given by CONTRACT
Committee-3.

40.2.2 Entrustment of the additional items contingent to the main work and within the
scope of contract will be authorized by the Employer and the contractor shall be
bound to execute such additional items at no extra cost to the Employer and the
cost of such items shall be deemed to have been included in the contract price
quoted. Entrustment of the additional items of work contingent to main work and
outside the scope of the contract will be authorized by the employer with the prior
approval of the Government and the contractor shall be bound to execute such
additional items and shall be compensated at the price decided by the
Government.

40.2.3 Whenever additional items not contingent on the main work and outside the
scope of original contract are to be entrusted to the Contractor, entrustment of
such items and the price to be paid shall be referred to the government for final
decision.

40.2.4 The contractor shall before the 15th day of each month, submit in writing to the
Employer/ Employer’s representative a statement of extra items if any that they
have executed during the preceding month failing which the contractor shall not
be entitled to claim any.

41. Cash flow forecasts:

41.1 When the program is updated, the contractor is to provide the Employer/
Employer’s representative with an updated cash flow forecast.

42. Payment Certificates:

42.1 The Contractor shall submit to the Employer/ Employer’s representative monthly
statements of the estimated value of the work completed less the cumulative
amount certified previously.
42.2 The Employer/ Employer’s representative shall check the Contractor’s monthly
statement within 14 days.
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42.3 The value of work executed shall be determined by the Employer/ Employer’s
representative.
42.4 The value of work executed shall comprise the value of the quantities in
proportion on prorata basis against each sub-head in Annexure – I, Volume– III.
42.5 The Employer/Employer’s representative 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.

43. PAYMENT

43.1 CONTRACT Contractor’s Application for Payment

43.1.1 On the fifth Business Day of every month from the date of issue of the Notice to
Proceed the CONTRACT Contractor may serve a notice in writing on the
Employer’s Representative (“Request for Payment”) requesting payment of the
sum which is considers to be due Less

(a) The amount to be deducted as Retention Money

(b) Advance payment in proportionate amounts commencing upon the
submissions by the CONTRACT Contractor of the Request for Payment for
the fourth monthly period after the date of issue of the Notice to proceed
and ending upon the date of the last Request for payment; and
(c) Any amounts due and owing from the CONTRACT Contractor to the
Employer pursuant to this Agreement.

43.1.2 The Request for Payment shall be:

(a) Prepared on forms in the form indicated by the Employer’s representative

and at the expense of the CONTRACT Contractor, the number of copies
therefore shall be as the Employer’s Representative may determine; and

(b) Accompanied by such supporting documentation as the Employer’s

Representative may require to establish the value of the work property
designed and Executed as referred to in the Request for payment and
reasonableness of the amounts added in respect of goods and materials.

43.1.3. Payment for unfinished work: In case of execution of unfinished work of

agency the quantities have to be worked out by the department as follows.

a) The deletion shall be inconformity with the sub components already fixed.

b) If the new agency is willing to carry out the work at the amount not
exceeding the sub component percentage of original agency ie. Where there
is no liability to government the same can be approved by the employer
irrespective of monetary value.

c) If the new agency is willing to carry out the work and the amount exceed
the sub component percentage of original agency, if the difference is within
5% of agreement value the same may be entrusted by the committee
constituted for fixing IBM. The difference of 5% is to be made good from
original agency.

d) The agency is willing to carry out the work and the amount exceed the sub
component percentage by 5% of agreement value, all such cases require
prior approval of government.

43.2 Certificates of Payment

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43.2.1 Within fourteen (14) Business Days after the receipt of the Request
for payment, the Employer’s Representative shall, subject to the CONTRACT
Contractor’s compliance with Article 43.2 inspect the relevant parts of the Works
and the relevant goods and materials in order to satisfy himself that the request
for payment is correct.

If the Employer’s Representative is so satisfied he shall issue a Certificate of

Payment certifying what amounts are due to the CONTRACT Contractor pursuant
to this Article 43 subject to the provisions of Article 43.2.2 to 43.2.3 after giving
credit to the Employer for any sums to which the Employer is entitled under this
Agreement.

43.2.2 No sum shall be included in the Certificate of Payment in respect of goods and
materials yet to be incorporated into the payment works unless the employers’
Representative is satisfied and has approved in writing that:

(a) Such goods and materials have been properly acquired and properly and
not prematurely delivered to the Project Site;

(b) Such goods plant and materials are properly stored on the project site ;and
fully protected against loss, damage or deterioration;

(c) The CONTRACT Contractor’s records of the requisitions, orders, receipts

and use of any goods and materials are kept in a form approved by the
Employer’s Representative, and such records are available for inspection
by the Employer’s Representative; and

(d) The CONTRACT Contractor has submitted a proper statement of the cost
of acquiring the goods and materials together with such documents as may
be required for evidencing such cost.

43.2.3 In the event that the Employer’s Representative ascertains that the value of the
works properly designed and Executed in the relevant period is less than the
Milestone Payment for the period, he shall include in the Certificate of payment,
the value of the works and goods and materials so ascertained by him.

43.2.4 All Certificates of Payment shall specify the amount, which the Employer
proposes to pay to the CONTRACT Contractor and the basis on which that
amount was calculated. Such amount shall become due on the issue of the said
Certificate of Payment.

44. Certificate of Completion of works:

44.1 Certificate of Completion of works:

44.1.1 Similarly, the Contractor may request and the Employer/ Employer’s
representative shall issue a Certificate of Completion in respect of:

a) Any section of the Permanent works in respect of which a separate time for
completion is provided in the Contract, and

b) Any substantial part of the Permanent Works which has been both
completed to the satisfaction of the Employer/ Employer’s representative
and occupied or used by the Department.

45. Taxes included in the bid:

45.1 Taxes included in the bid: The lump sum offer shall provide for all
superintendence, labour, material, plant, equipment, Taxes & Duties for all items
 76

delivered as finished items and all other things required for successful completion
and commissioning of the work including all taxes & duties but excluding the
reimbursable as detailed in part -II of BoQ as per actuals which will be
reimbursable to the contractor, as per actuals on submission of proof of payment.

For all the items, it shall be inclusive of all taxes and the rates are for finished
items only.

45.2 Interest on Money due to Contractor

No omission by the Executive Engineer or the sub Divisional officer to pay the
amount due upon certificates shall vitiate or make void the contract nor shall the
contractor be entitled to interest upon any guarantee fund or payments in
arrear, nor upon any balance which may on the financial settlements of his
accounts, founded to be due to him.

45.3 Income Tax:

During the currency of the contract, deduction of Income Tax at source shall be
made from the gross value of each bill of the contract, as per the directives of
CBDT/GOI

45.4 Seigniorage Charges:

45.4.1 Seigniorage charges will be reimbursed to the contractor as per rules based
on the theoretical requirement of materials at the following present rates as
per actual on production of proof of payment.

S. No. Material Seigniorage

1 Sand Rs.100.00 / cum
2 Metal, Stone Crusher Dust Rs.90.00 / Cum
3 R.R. Stone for masonry. Rs.90.00 / Cum
4 Revetment stone Rs.90.00 / Cum
5 C.R. stone. Rs.90.00 / Cum
6 Gravel / Earth Rs.45.00 / Cum

45.4.2 The rates are liable to be revised and amended from time to time by the State
Government, by notification in the ‘Andhra Pradesh Gazettee’. Seigniorage
charges will be reimbursed to the contractor as per rates prevailing at the time of
execution provided the contractor produce valid permits/ vouchers/ bills for
procurement of sand or as per the Sand Policy of GoAP which is in force.

45.5 GST (Goods and Service Tax):

45.5.1 During the currency of contract, Tax towards works contract GST @ 12.00%
shall be made at source to the contractor as per rules in vogue.

The GST is applicable as per Government Orders/Circulars issued from time to

time and shall be paid accordingly

45.5.2 The contractor should produce a valid GST latest returns filed before the
payment of the final bill, otherwise payment to the contractor will be withheld.

45.5.3 Labour Cess:- The Labour Cess @ 1.00 % on running bills will be recovered for
making payment the same to the Labour department if contractor fails to make
payment to the labor Department.
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46. Price Adjustment:

46.1 Price adjustment is applicable for Cement, Steel, Bitumen, POL(Petroleum,Oil

and Lubricants) ,DI Pipes, PVC Pipes, HDPE Pipes, MS Pipes and Labour used
for construction at the site of work only as per G.O Ms.No.62 of WATER
RESOURCES(REFORMS)DEPARTMENT, dated: 30.11.2021 . Price adjustment
triggers only when the variation is beyond +/-5% only. Price Adjustment shall
not be applicable for manufactured items using Cement & Steel.

46.2 The contractor shall purchase bitumen/emulsion only from reputed firms like
HPCL/BPCL/IOCL or any other approved and certified manufacturers. The
contractor shall procure original bills towards purchase of bitumen/emulsion
while submitting the bills for payment.

46.3 For Price Adjustment of Bitumen, the original invoices shall be obtained and their
authenticity verified by Executive Engineer & D.A.O. concerned before release of
final payments. Price adjustment for pipe material will be applicable as per
relevant, GOs, in line with V&E Departments observations and guidelines from
time to time.

46.4 Price adjustment will be allowed as per G.O Ms.No.62 of WATER

RESOURCES(REFORMS)DEPARTMENT, dated: 30.11.2021

Note: Price adjustment for steel, cement, pipes and pipe materials will be applicable
considering the G.O.s in force and issued from time to time and will be calculated
strictly in line with the Vigilance & Enforcement department’s Circulars, Reports,
Alert Notes, Guidelines etc. issued from time to time.

TERMS OF PAYMENT

The payment will be made to the contractor as per clause 68 of PS to APDSS read
with amendments for contract.

The Schedule of Payments shall be as per Annexure – P.

47. Retention:

47.1 During intermediate bill payments, the Further Security Deposit (FSD) shall be
collected as per rules in force

48. Liquidated Damages:

48.1 If for any reason, which does not entitle the contractor to an extension of item,
the rate of progress of works, or any section is at any time, in the opinion of the
Employer/ Employer’s representative too slow to ensure completion by the
prescribed time or extended time for completion Employer/ Employer’s
representative shall so notify the contractor in writing and the contractor shall
there upon take such steps as are necessary and the Employer/ Employer’s
representative, may approve to expedite progress so as to complete the works or
such section by the prescribed time or extended time. The contractor shall not be
entitled to any additional payment for taking such steps. If as a result of any
notice given by Employer/ Employer’s representative under this clause the
contractor shall seek Employer/ Employer’s representative permission to do any
work at night or on Sundays, if locally recognized as days or rest, or their locally
 78

recognized equivalent, such permission shall not be unreasonably refused.

48.2 If the contractor fails to complete whole of the works or any part thereof or
section of the works within the stipulated periods of individual mile stones
(including any bonafide extensions allowed by the competent authority without
levying liquidated damages), the Employer/ Employer’s representative may
without prejudice to any other method of recovery will deduct one twentieth of
one percent of contract value per calendar day or part of the day for the period of
delays subject to a maximum of 10% of the contract value as a penalty from any
monies in his hands due or which may become due to the contractor. The
payment or deductions of such damages shall not relieve the contractor from his
obligation to complete the works, or from any other of his obligations and
liabilities under the contract. The maximum of liquidated damages for the whole
work of the works is ten percent of final contract price.

48.3 The liquidated damages for the whole of the work will be filled up at the time of
concluding agreement
Milestone No. Rs. (amount per day)

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

The milestones will however be firmed up at the time of agreement after

obtaining a program of the work from the bidder.

The maximum amount of liquidated damages for the whole of the works is
Ten percent of final contract price.

49. Mobilization Advance:

The contractors for works exceeding more than Rs.1.00 Crore of estimated cost
are permitted to avail the facility of mobilization advance in two installments
equivalent to 10% of contract amount (5% for labour mobilization and 5% for
machinery) against an unconditional and irrevocable bank guarantee in terms of
G.O Ms. No. 94 dt.1.7.2003 and as per subsequent amendments issued by the
Government.

(a) Payment of the loan will be done under separate certification by the Executive
Engineer, after 1) Execution of the form of agreement by the parties there to (ii)
provisions by the Contractor for the further security in accordance with relevant
condition and iii) provision by the Contractor of a bank guarantee from
Nationalized bank acceptable to the Executive Engineer for an amount equal to
12% (which includes 2% for the Interest charges) of a Contract amount as
indicated in the letter of acceptance towards the 1st installment of the advance
mobilization loan, such bank guarantee to remain effective until the said advance
loan has been completely repaid by the Contractor out of the current earning
under the contract and certified accordingly by the Executive Engineer. The
advance mobilization loan will be paid in thirty days after fulfilling the above i, ii
and iii items. Advance mobilization loan will be paid only in case of contracts with
estimated Contract Value exceeding Rs.100.00 lakhs.

(b) A form of bank guarantee acceptable to the Executive Engineer is indicated in

previous paras. The contractor exclusively for mobilization expenditures,
including acquisition of constructional plan in connection with the works, shall
use the advance mobilization loan.

49.1 A form of Bank Guarantee towards mobilization advance acceptable to

department authorities is indicated
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49.2 Should the contractor misappropriate any portion of the advance loan, it shall
become due to the Employer/ Employer’s representative and payable immediately
in one lump by the contractor and no further loan will be considered thereafter.
49.3 The above advance shall bear an interest of prevailing SBIMCLR+ 2.5% per
Annum as per Memo No. 718098/UH/2017-1, dated 01.09.2017 of Principal
Secretary to Government, MAUD department The interest on the amounts paid
as advance is chargeable from the date the amount is paid. However if completion
is delayed by circumstances beyond control of the contractor for which an
extension has been granted by the competent authority the interest charges on
such advances shall be waived for the period of extension.
In case of contractor not maintaining the progress of works as per agreed
programme the interest of mobilization advance shall be levied at prevailing
SBIMCLR +4% per annum for the period in which the progress is not maintained.
In case the progress is made good as per the programme the rate of interest shall
be at prevailing SBI MCLR +2.5% per annum.
49.4 Part bank guarantees (BGs) against the mobilization advance should be given to
the contractor as many number as the proposed recovery installments and
should be equivalent to the amount of each installment + interest.
49.5 Recovery of advances:
49.5.1 The recovery of mobilization advance principle along with interest will be effected
after the gross bill of the work exceeds 10% of total works value and will be
completed by 80% of work is completed at the rate of 20% of gross bill.
Utilization certificate for the mobilization advance shall be given by the contractor
for the earlier installments before release of subsequent installment by the
department.
50. Securities:
50.1 The Earnest Money Deposit and Additional Security (for discount Bid percentage
beyond 25%) shall be provided to the Department not later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form
and by a bank acceptable to the Department. The Earnest Money shall be valid
until a date 28 days from the date of expiry of Defects Liability Period and the
additional security shall be valid until a date 28 days from the date of issue of the
certificate of completion and commissioning.

51. Cost of Repairs:

51.1 Loss or damage to the Works or materials to the Works between the Start Date
and the end of the Defects Correction Periods shall be remedied by the Contractor
at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or
omissions.
FINISHING THE CONTRACT
52. Completion:
52.1 The Contractor shall request the Employer/ Employer’s representative to issue a
Certificate of completion of the Works and the Employer/ Employer’s
representative will do so upon deciding that the work is completed.
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53. Taking Over:

53.1 Except as stated in clause 52 the works shall be taken over by the Employer
when they have been completed in accordance with the Contract (except as
described in sub-paragraph (a) below), have passed the Tests on Completion and
a taking-Over Certificate for the works has been issued, or has deemed to have
been issued in accordance with this Sub-Clause. If the works are divided into
sections, the Contractor shall be entitled to apply for a Taking-over certificate for
each section.

The Contractor may apply by notice to the Employer’s Representative for a

taking-over certificate not earlier than 14 days before the works or section (as the
case may be) will, in the contractor’s opinion, be complete and ready for taking
over. “The request for taking over shall be accompanied by as built
drawings.” The employer’s representative shall, within 28 days after the receipt
of the contractor’s application:

(a) issue the taking-over certificate to the contractor, stating the date on
which the works or section were completed in accordance with the contract
(except for minor outstanding work that does not affect the use of the
works or section for their intended purpose) including passing the tests on
completion: or

(b) reject the application, giving his reasons and specifying the work required
to be done by the contractor to enable the taking-over certificate to be
issued: the contractor shall then complete such work before issuing a
further notice under this sub-clause.

If the Employer’s representative fails to issue the taking over certificate or to

reject the Contractors application within the period of 28 days, and if the works
or section (as the case may be) are substantially in accordance with the contract,
the taking-over certificate shall be deemed to have been issued on the last day of
that period.

53.2 Use by The Employer

The Employee shall not use any part of the works unless the employer’s
representative has issued a taking-over certificate for such part. If a taking-over
certificate has been issued for any part of the works (other than a section), the
liquidated damages for delay in completion of the reminder of the works (and of
the section of which it forms part) shall, for any period of delay after the date
stated in such taking-over certificate, be reduced in the proportion which the
value of the part so certified bears to the value of the works or section (as the
case may be), such values shall be determined by the Employer’s Representative..
The provisions of this paragraph shall only apply to the rate of liquidated
damages , and shall not affect the limit of such damages.

If the Employer does use any part of the works before the taking-over certificate is
issued:

(a) the part which is used shall be deemed to have been taken over at the date
on which it is used,

(b) the Employer’s Representative shall, when requested by the Contractor,

issue a taking-over certificate accordingly, and

(c) the contractor shall cease to be liable for the care of such part from such
date, when responsibility shall pass to the Employer.
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After the Employer’s Representative has issued a taking-over certificate for a part
of the works, the contractor shall be given the earliest opportunity to take such steps as
may be necessary to carry out any outstanding tests on completion, and the contractor
shall carry out such tests on completion, and the contractor shall carry out such tests
on completion as soon as practicable, before the expiry of the contract period.

53.3 Interference with Tests on Completion

If the contractor is prevented from carrying out the tests on completion by a

cause for which the Employer (or another contractor employed by the Employer) is
responsible, the employer shall be deemed to have taken over the works or section (as
the case may be) on the date when the Tests on Completion would otherwise have been
completed. The Employer’s Representative shall then issue a taking-over certificate
accordingly, and the contractor shall carry out the tests on completion as soon as
practicable, before the expiry of the contract period. The Employer’s Representative shall
require the tests on completion to be carried out by 14 days notice and in accordance
with the relevant provisions of the Contract. If the contractor incurs additional cost as a
result of this delay in carrying out the tests on completion, such cost plus reasonable
profit shall be determined by the employer’s Representative and shall be added to the
contract price.

54. Final Account:

54.1 The Contractor shall supply to the Employer/ Employer’s representative a

detailed account of the total amount that the Contractor considers payable under
the Contract before the end of the Defects Liability Period. The Employer/
Employer’s representative shall issue a Defects Liability Certificate and certify any
final payment that is due to the Contractor within 56 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Employer/
Employer’s representative shall issue within 56 days a schedule that states the
scope of the corrections or additions that are necessary. If the final Account is
still unsatisfactory after it has been resubmitted, the Employer/ Employer’s
representative shall decide on the amount payable to the Contractor and issue a
payment certificate within 56 days of receiving the Contractor’s revised account.

55. Termination:

55.1 The Department may terminate the Contract if the contractor causes a
fundamental breach of the Contract.

55.2 Fundamental breaches of Contract 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 program and the stoppage has not been authorized by the
Employer/ Employer’s representative.

b) The Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation.

c) The Employer/ Employer’s representative 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 Employer/ Employer’s representative; and

d) The Contractor does not maintain a security which is required

e) The Contractor has delayed the completion of works by the number of days
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for which the maximum amount of liquidated damages can be paid as

defined.

f) If the contractor, in the judgement of the Department has engaged in

corrupt or fraudulent practices in competing for or in the executing the
contract.

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

55.3 Notwithstanding the above the Department may terminate the contract for
convenience.

55.4 If the Contract is terminated, the Contractor shall stop work immediately, make
the Site safe and secured leave the Site as soon as reasonably possible.

56. Payment upon Termination:

56.1 If the Contract is terminated because of a fundamental breach of Contract by the

Contractor, the Employer/ Employer’s representative shall issue a certificate for
the value of the work done less advance payments received upon the date of the
issue of the certificate, less other recoveries due in terms of the Contract, less
taxes due to be deducted at source as per applicable law and less the percentage
to apply to the work not completed. Additional Liquidated Damages shall not
apply. If the total amount due to the Department exceeds any payment due to the
Contractor the difference shall be a debt payable to the Department.

57. Property:
57.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are
deemed to be the property of the Department if the Contract is terminated
because of Contractor’s default.

58. Release from Performance:

58.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Department or the Contractor the Employer/
Employer’s representative 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 works carried out before
receiving it and for any work carried out after wards to which commitment was
made.

SECTION – III : SPECIAL CONDITIONS

59. Water Supply:

The Contractor has to make his own arrangements for water required for the
work and to the colonies and work sites, which are to be established by the
Contractor.
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60. Electrical Power:

The Contractors will have to make their own arrangements for drawing electric
power from the nearest power line after obtaining permission from the Andhra
Pradesh State Electricity Board at his own cost. In case of failure of electricity,
the Contractor has to make alternative arrangements for supply of electricity by
Diesel Generator sets of suitable capacity at place of work. If the supply is
arranged by the Department, necessary Tariff rates shall have to be paid based
on the prevailing rates.

The contractor will pay the bills of Electricity Board for the cost of power
consumed by him.

The contractor shall satisfy all the conditions and rules required as per Indian
Electricity Act 1910 and under rule —45(I) of the Indian Electricity Rules, 1956 as
amended from time to time and other pertinent rules.

The power shall be used for bonafide Departmental works only.

60.1 Electric Power for Domestic Supply:

a) The contractor has to make his own arrangements for the supply of electric
power for domestic purposes and the charges for this purpose have to be
paid by him at the rates as fixed by the Andhra Pradesh State Electricity
Board from time to time.

b) The contractor will have to make his own arrangements to lay and
maintain the necessary distribution lines and wiring for the camp at his
own cost. The layout and the methods of laying the lines and wiring shall
have the prior approval of the Employer/ Employer’s representative. All
camp area shall be properly electrified. All lines, streets, approaches for
the camp etc., shall be sufficiently lighted for the safety of staff and labour
of the contractor, at the cost of the Contractor and it will be subject to the
approval of the Employer/ Employer’s representative.

61. Land:

61.1 Land for Contractor’s use:

The contractor will be permitted to use Government land for execution of work.
The contractor shall have to make his own arrangements for acquiring and
clearing the site, leveling, providing drainage and other facilities for labour staff
colonies, site office, work-shop or stores and for related activities. The Contractor
shall apply to the Department within a reasonable time after the award of the
contract and at least 30 days in advance of its use, the details of land required by
him for the work at site and the land required for his camp and should any
private land which has not been acquired, be required by the contractor for his
use. The same may be acquired by the contractor at his own cost by private
negotiations and no claim shall be admissible to him on this account.

The Employer/ Employer’s representative reserves the right to refuse permission

for use of any government land for which no claim or compensation shall be
admissible to the contractor. The contractor shall, however, not be required to
pay cost or any rent for the Government land given to him.

61.2 Surrender of Occupied Land:

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a) The Government land as here in before mentioned shall be surrendered to

the Employer/ Employer’s representative within seven days, after issue of
completion certificate. Also no land shall be held by the contractor longer
than the Engineer-in-Charge shall deem necessary and the contractor
shall on the receipt of due notice from the Employer/ Employer’s
representative, vacate and surrender the land which the Engineer-in-
Charge may certify as no longer required by the Contractor for the purpose
of the work.

b) The. contractor shall make good to the satisfaction of the Employer/

Employer’s representative any damage to areas, which he has to return or
to other property or land handed over to him for purpose of this work.
Temporary structures may be erected by the contractor for storage sheds,
offices, residences etc., for non-commercial use, with the permission of the
Employer/ Employer’s representative on the land handed over to him at
his own cost. At the completion of the work these structures shall be
dismantled site cleared and handed over to the. Employer/ Employer’s
representative the land required for providing amenities will be given free
of cost from Government lands if available otherwise the contractor shall
have to make his own arrangements.

61.3 Contractor not to dispose of Spoil etc.:-

The contractor shall not dispose off or remove except for the purpose of
fulfillment of this contract, sand, stone, clay ballast, earth, trees and shrubs or
other materials obtained in the excavation made or lying on the site of the work,
and all such materials and produce shall remain property of the Government. The
Department may upon request from the contractor, or if so stipulated in the
conditions of the contract allow the contractor to use any of the above materials
for the works either free of cost or after payment as may be specifically mentioned
or considered necessary during the execution of the work.

62. Roads:

In addition to existing public roads and roads Constructed by Government, if any,

in work area all additional approach roads inside work area and camp required
by the Contractor shall be constructed and maintained by him at his own cost.
The layout design, construction and maintenance etc. of the roads shall be
subject to the approval of the Employer/ Employer’s representative. The
contractor shall permit the use of these roads by the Government free of charge.

It is possible that work at, or in the vicinity of the work site will be performed by
the Government or by other contractors engaged in work for the Government
during the contract period. The contractor shall without charge permit the
government and such other contractor and other workmen to use the access
facilities including roads and other facilities, constructed and acquired by the
contractor for use in the performance of the works.

The contractor’s heavy construction traffic or tracked equipment shall not

traverse any public roads or bridges unless the contractor has made arrangement
with the authority concerned. In case contractor’s heavy construction traffic or
tracked equipment is not allowed to traverse any public roads or bridges and the
contractor is required to make some alternative arrangements, no claim on this
account shall be entertained.

The contractor is cautioned to take necessary precautions in transportation of

construction materials to avoid accidents.
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63. Payment for Camp Construction:

No payment will be made to the contractor for construction, operation and

maintenance of camp and other camp facilities and the entire cost of such work
shall be deemed to have been included in the Bided rate for the various items of
work in the schedule of quantities and bids.

64. Explosive And Fuel Storage Tanks:

No explosive shall be stored within 1/2(half) KM of the limit of the camp sites.
The storage of gasoline and other fuel oils or of Butane, Propane and other
liquefied petroleum gases, shall confirm to the regulations of Andhra Pradesh
State Government and Government of India. The tanks, above ground and having
capacity in excess of 2000 liters, shall not be located within the camp area, nor
within 200m, of any building.

65. Labour:

The contractor shall, make his own arrangements for the engagement of all staff
and labour, local or other, and for their payment, housing, feeding and transport.

Labour importation and amenities to labour and contractor’s staff shall be to the
contractor’s account. His quoted percentage shall include the expenditure
towards importation of labour amenities to labour and staff;

The contractor shall, if required by the Employer/ Employer’s representative,

deliver to the Employer/ Employer’s representative a written in detail, is such
form and at such intervals as the Employer/ Employer’s representative 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 information
respecting Contractor’s Equipment as the Employer/ Employer’s representative
may require.

65.1 Transportation of Labour:

The contractor shall make his own arrangement for the daily transportation of
the labour and staff from labour camps colonies to the work spot and no labour
or staff of the contractor shall stay at the work spot. No extra payment will be
made to the contractor for the above transportation of the labour and his quoted
percentage to the work shall include the transportation charges of labour from
colonies to work spot and back.

II. The contractor will at all times duly observe the provisions of employment of
children Act XXVI of 1938 and any enactment or modification of the same and
will not employ or permit any person to do any work for the purpose under the
provisions of this agreement in contravention of said Act. The contractor here by
agrees to indemnify the department from and against all claims, penalties which
may be suffered by the department or any person employed by the department by
any default on the part of the contractor in the observance and performance of
the provisions of the employment of children Act. XXVI of 1938 or any enactment
or modification of the same.

As per Govt. memo No.721/Gr.(I)/81-35, dt:17.l1.87. The contractor shall obtain

the insurance at his own cost to cover the risk on the works to labour engaged by
him during period of execution against fire and other usual risks and produce the
same to the Employer/ Employer’s representative concerned before
commencement of work.
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66. Safety Measures:

1. The contractor shall take necessary precautions for safety of the workers
and preserving their health while working in such jobs, which require
special protection and precautions. The following are some of the measures
listed but they are not exhaustive and contractor shall add to and augment
these precautions on his own initiative where necessary and shall comply
with directions issued by the Employer/ Employer’s representative or on
his behalf from time to time and at all times.

2. Providing protective foot wear to workers situations like mixing and placing
of mortar or concrete sand in quarries and places where the work is done
under much wet conditions.

3. Providing protective head wear to workers at places like underground

excavations to protect them against rock falls.

4. Providing masks to workers at granulates or at other locations where too

much fine dust is floating about and sprinkling water at frequent intervals
by water hoses on all stone crushing area and storage bins abate to dust.

5. Getting the workers in such jobs periodically examined for chest trouble
due to too much breathing in to fine dust.

6. Taking such normal precautions like fencing and lightening in excavation

of trenches, not allowing rolls and metal parts of useless timber spread
around, making danger areas for blasting providing whistles etc.

7. Supply work men with proper belts, ropes etc., when working in precarious
slopes etc.

8. Avoiding electrical wire etc., as they would electrocute the works.

9. Taking necessary steps towards training the workers concerned on the

machinery before they are allowed to handle them independently and
taking all necessary precautions in around the areas where machines
hoists and similar units are working.

67. Fair Wage Clause:

1. The contractor shall pay not less than fair wages to laborers engaged by
him on the work.

2. “Fair” wages means wages whether for time of piecework notified by the
Government from time in the area in which the work is situated.

3. The contractor shall not with-standing the revisions of any contract to the
contrary cause to be paid to the labour, in directly engaged on the work
including any labour engaged by the sub-contractor in connection with the
said work, as if the labourers had been directly employed by him.

4. In respect of labour directly or indirectly employed in the works for the

purpose of the contractors part of the agreement the contractor shall
comply with the rules and regulations on the maintenance of suitable
records prescribed for this purpose from time to time by the Government.
He shall maintain his accounts and vouchers on the payment of wages to
the labourers to the satisfaction of the Employer/ Employer’s
representative.
 87

5. The Employer/ Employer’s representative shall have the right to call for
such record as required to satisfy himself on the payment of fair wages to
the labourers and shall have the right to deduct from the contract amount
a suitable amount for making good the loss suffered by the worker or
workers by reason of the “fair wages” clause to the workers.

6. The contractor shall be primarily liable for all payments to be made and for
the observance of the regulations framed by the Govt. from time to time
without prejudice to his right to claim indemnity from his sub-contractors.

7. As per contract labour (Regulation and abolition) Act. 1970 the contractor
has to produce the license obtained from the licensing officers of the
labour department along with the Bid or at the time of agreement.

8. Any violation of the conditions above shall be deemed to be a breach of his

contract.

9. Equal wages are to be paid for both men and women if the nature of work
is same and similar.

10. The contractor shall arrange for the recruitment of skilled and unskilled
labour local and imported to the extent necessary to complete the work
within the agreed period as directed by the Employer/ Employer’s
representative in writing.

68. Indemnity Bond:

Name of work:

I ____________________________________contractor S/o._________________ aged

Resident of ________________________ do hereby bind myself to pay all the claims
may come (a) under Workmen’s Compensation Act. 1933 with any statutory
modification there of and rules there under or otherwise for or in respect of any
damage or compensation payable in connection with any accident or injury
sustained (b) under Minimum wages Act 1948 (c) under payment of wages Act.
1936 (d) under the Contractor labour (Regulation and Abolition) Act. 1970 by
workmen engaged for the performance of the business relating to the above
contract i.e., Failing such payment of claims of workmen engaged in the above
work, I abide in accepting for the recovery of such claims, effected from any of my
assets with the departments. accepting for the recovery of such claims, effected
from any of my assets with the departments.

69. Compliance With Labour Regulations:

During continuance of the contract, the contractor and his sub contractors shall
abide at all times by all existing labour enactment 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 notifications that may be issued under any labour law in
future either by the State or the Central Government or the local authority and
also applicable labour regulations, health and sanitary arrangements for
workmen, insurance and other benefits. Salient features of some of the major
labour laws that are applicable to construction industry are given below. The
contractor shall keep the Department indemnified in case any action is taken
against Department by the competent authority on account of contravention of
any of the provisions of any Act or rules made thereunder, regulations or
 88

notifications including amendments. If the Department is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for non-
observance of the provision stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the
contractor, the Engineer-in-charge /Department shall have the right to deduct
any money due to the contractor including his amount of performance security.
The Department/Engineer-in-Charge 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 Department.

The employees of the Contractor and the Sub-contractor in no case shall be

treated as the Employees of the Department at any point of time.

70. Salient features of some major labour laws applicable to establishment

engaged in buildings and other construction work:

(a) Workmen compensation Act 1923: The Act provides for compensation in
case if 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 any employee
has completed 5 years service or more, or on death, the rate of 15 days
wages for every completed year of service. The Act is applicable to all
establishments, employing 10 or more employees.

(c) Employees P.F. and Miscellaneous provision Act 1952: The Act
provides for monthly contributions by the Department plus workers @ 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 etc.,

(d) Maternity Benefit Act 1951: The Act provides for leave and some other
benefits to women employees in case of confinements or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for
certain welfare measures to be provided by the contractor to contract
labour and in case the Contractor fails to provide, the same are required to
be provided by the Principal Department by Law. The Principal Department
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 Department if they employ 20 or
more contract labour.
(f) Minimum wages Act 1948: The Department is supposed to pay not less
than the Minimum wages fixed by appropriate Government as per
provisions of the Act if the employment is a scheduled employment
construction of Buildings, Roads, 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 form
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 or Female workers and for not
 89

making discrimination against Female employee in the matters of

transfers, training and promotions etc.
(i) Payment of Bonus Act 1965: The Act Is applicable to all establishments
employing 20 or more employees. The Act provides for payment of annual
bonus subject to a minimum of 8.33% of wages and maximum of 20% of
wages to employees drawing Rs. 3500/- per month or less. The bonus to
be paid to employees getting Rs.2500/-per months or above and up to
Rs.3500/- per month shall be worked out by taking wages as Rs.2500/-
per monthly only. The Act does not apply to certain establishments. The
newly set-up establishments are exempted for five years in certain
circumstances. Some of the State Governments have reduced the
employment size from 20 to 10 for the purpose of applicability of this Act.
(j) Industrial Disputes Act 1947: The Act lays down the machinery and
procedure for 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 100 or more workmen’ (employment size
reduced by some of the State and Central Government to 50). The Act
provides for laying down rules governing the conditions of employment by
the Department on matters provided in the Act and get the same certified
by the designated Authority.
(1) Trade Unions Act 1926: The Act lays down the procedure for registration
of trade unions of workmen and Departments. 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 regulation of employment of children in all
other occupations and processes, Employment Child Labour is prohibited
in Building and Construction Industry regulation of employment of
children in all other occupations and processes, Employment 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 applicable to an establishment,
which employs 5 or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in
the establishment situated in another State). The inter State migrant
workmen, 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, etc.

(o) The Building and Other Construction workers (regulation of

Employment and conditions of service) Act 1996 and the Cess Act of
1996: All the establishments who carryon any building or other
construction work and employs 10 or more workers are covered under this
Act. All such establishments are required to pay cess at the rate not
exceeding 1% of the cost of construction as may be modified by the
Government. The Department 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 etc. The Department to
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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 10 person or more with aid of power or
20 or more persons without the aid of power engaged in manufacturing
process.

71. Liabilities of the Contractor:

71.1 Accident Relief and workmen compensation:

The contractor should make all necessary arrangements for the safety of
workmen on the occurrence of the accident, which results in the injury or death
of any of the workmen employed by the contractor, the contractor shall within 24
hours of the happenings of the accident and such accidents should intimate in
writing to the Employer/ Employer’s representative of the Department the act
of such accident. The contractor shall indemnify Government against all loss or
damage sustained by the Government resulting directly or indirectly from his
failure to give intimation in the manner aforesaid including the penalties or fines
if any payable by Govt. as a consequence of Govt. failure to give notice under
workmen’s compensation Act or otherwise conform to the provisions of the said
Act in regard to such accident.

71.2 In the event of an accident in respect of which compensation may become payable
under the workmen’s compensation Act VIII 23 whether by the contractor, by the
Government it shall be lawful for the Employer/ Employer’s representative to
retain such sum of money which may in the opinion of the Employer/ Employer’s
representative be sufficient to meet such liability. The opinion of the Executive
Engineer shall be final in regard to all matters arising under this clause.

71.3 The contractor shall at all times indemnify the Govt. of A.P. against all claims
which may be made under the workmen’s compensation act or any statutory
modification

(a) The contractor shall, at all times, maintain on the works, staff of qualified
Engineers, and Supervisors of sufficient experience of similar other jobs to
assure that the quality of work turned out shall be as intended in the
specifications. The contractor shall also maintain at the works, a Work
Manager or sufficient status, experience and office and duly authorize him
to deal with all aspects of the day-today work. All communications to any
commitments by the Work Manager shall be considered as binding on the
Contractor.

(b) The Contractor shall at all times submit details of skilled and unskilled
labour and equipment employed to the Engineer-in-Charge in prescribed
proforma as he may require to assess and ensure the proper progress of
work.

(c) If the contractor does not employ the technical person agreed to on the
work a fine of Rs.25,000/- will be imposed. If he does not employ for 30
days, thereafter it becomes a fundamental breach of contract.
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72. Accommodation and food:

The contractor should arrange accommodation he needs, at his own cost. The
contractor shall make his own arrangements for supply of food grains, fuel and
other provision to his staff and labourers including controlled commodities.
73. Relationship:
Contractor shall have to furnish information along with Bid, about the
relationship he is having with any officer of the Department, Government of
Andhra Pradesh of the rank Assistant Engineer and above engaged in the work
and any officer of the rank of Assistant Secretary and above of the Department of
Government of Andhra Pradesh.
74. Protection of adjoining premises:
The contractor shall protect adjoining sites against structural, decorative and
other damages that could be caused by the execution of these works and make
good at his cost any such damages.
75. Work during night or on Sundays and holidays: ~
The works can be allowed to be carried out during night, Sundays or authorized
holidays in order to enable him to meet the schedule targets and the work shall
require MORT&H round the clock working keeping in view:
(i) The provisions of relevant labour laws being adhered to:
(ii) Adequate lighting, supervision and safety measures are established to the
satisfaction of the Employer/ Employer’s representative and
(iii) The construction programme given by the Contractor and agreed upon by
the Employer/ Employer’s representative envisages such night working or
working during Sundays or authorized holidays.
(iv) The construction programme given by the Contractor and agreed upon by
the Employer/ Employer’s representative envisages such night working or
working during Sundays or authorized holidays.
The contractor shall deposit materials for the purpose of the work on such parts
only of the ground as may be approved by the Employer/ Employer’s representative
before starting work. A detailed survey, clearly indicating position and areas where
materials shall be stacked and sheds built is to be conducted by the contractor at his
own cost and only after obtaining necessary approval of the plan for use of sites by the
Employer/ Employer’s representative, the Contractor can use the sites accordingly.
Procurement of blasting materials and its storage is the responsibility of the
contractor. The contractor shall engage licensed blaster for blasting operation. The
contractor is to act in accordance with Indian Explosive Act and other rules prevailing,
during the execution of work. It is the responsibility of the contractor to see, that works
by other agencies in the vicinity are not hampered, in such cases if any claim is made by
other agencies that should be borne by the contractor. Carriage of blasting materials,
from the magazine to the work site, is the responsibility of the contractor.

76. Plant and Equipment:

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76. 1 The contractor shall have sufficient plant, equipment and labour and shall work
such hours and shifts as may be necessary to maintain the progress on the
work as per the approval progress schedule. The working and shifts hours shall
comply with the Govt. Regulations in force.
76.2 It is to expressly and clearly understood that contractor shall make his own
arrangements to equip himself with all machinery and special tools and plant for
the speedy and proper execution of the work and the department does not
undertake responsibility towards their supply.
76.3 hire basis but their supply cannot be demanded as matter bf right and no
delay in progress can be attributed to such non-supply of the plant by the
department and the department cannot be made liable for any damage to the
contractor. The Contractor shall be responsible for safe custody of the
departmental machinery supplied to him (which will be delivered to contractor
at the machinery yard at site of work) and he has to make good all damages and
losses if any other than fire, wear and tear to bring it to the conditions that
existed at the time of issue to the contractor before handing over the same to the
department. The hire charges for the machinery handed over to the contractor
will be recovered at the rate prevalent at the time of supply. The contractor will
have to execute supplemental agreement with Employer/ Employer’s
representative at the time of supply of the machinery.

76.4 The acceptance of departmental machinery on hire is optional to the contractor.

The contractor shall not deposit materials at any site, which will cause
inconvenience to public. The Employer/ Employer’s representative may direct the
contractor to remove such materials or may undertake the job at the cost of the
contractor.

77. Conflict of interest:

Any bribe, commission, gift or advantage given, promised or offered by on behalf

of contractor or his partner, agent or servant or any one on his behalf to any
officer, servant, representatives, agents of Employer/ Employer’s representative, or
any persons on their behalf, in relation to the obtaining or to execution of this, or
any other contract with Employer/ Employer’s representative shall in addition to
any criminal liability, which it may occur, subject to the cancellation of this or all
other contracts and also to payment of any loss or damage resulting from any such
cancellation. Employer/ Employer’s representative shall then be entitled to deduct
the amount, so payable from any money, otherwise due to the contractor under
this or any other contract.

78. Contract documents and materials to be treated as confidential:

All documents, correspondences, decisions and orders, concerning the contract

shall be considered as confidential and/or restricted in nature by the contractor
and he shall not divulge or allow access to them by any unauthorized person.

79. General obligations of Contractor:

79.1 The contractor shall, subject to the provision of the contract and with due care
and diligence, execute and maintain the works in accordance with specifications
and drawings.

79.2 The contractor shall promptly inform the Department and the Employer/
 93

Employer’s representative of any error, omission, fault and such defect in the
design of or specifications for the works which are discovered when reviewing the
contract documents or in the process of execution of the works.

79.3 If Contractor believes that a decision taken by the Employer/ Employer’s

representative was either outside the authority given to Employer/ Employer’s
representative by the Contract or that the decision was wrongly taken, the
decision shall be referred to the technical expert within 14 days of the notification
of the Employer/ Employer’s representative decisions

79.4 Pending finalization of disputes, the contractor shall proceed with execution of
work with all due diligence.

80. Security measures:

a) Security requirements for the work shall be in accordance with the

Government’s general requirements including provisions of this clause and
the Contractor shall conform to such requirements and shall be held
responsible for the actions of all his staff, employees and the staff and
employees of his sub-contractors.

b) All contractors’ employees, representatives and sub-contractor’s employees

shall wear identifications badges provided by the contractor. Badges shall
identify the contractor, showing and employee’s number and shall be worn
at all times while at the site. Individual labour will not be required to wear
identification badges.

c) All vehicles used by the contractor shall be clearly marked with

contractor’s name.

d) All contractors’ employees, representatives and sub-contractor’s employees

shall wear identifications badges provided by the contractor. Badges shall
identify the contractor, showing and employee’s number and shall be worn
at all times while at the site. Individual labour will not be required to wear
identification badges.

e) The contractor shall be responsible for the security of the works for the
duration of the contract and shall provide and maintain continuously
adequate security personnel to fulfill these obligations. The requirements
of security measures shall include, but not limited to maintenance of order
on the site, provision of all lighting, fencing, guard flagmen and all other
measures necessary for the protection of the works within the colonies,
camps and elsewhere on the site, all materials delivered to the site, all
persons employed in connection with the works continuously throughout
working and non working period including nights, Sundays and holidays
for duration of the contract.

f) Other contractors working on the site concurrently with the contractor will
provide security for their own plant and materials. However, their security
provisions shall in no way relieve the contractor of his responsibilities in
this respect

g) Separate payment will not be made for provision of security services.

81. Sanitation:

The contractor shall implement the sanitary and watch and ward rules and
regulations for all forces employed under this contract and if the Contractor fails
 94

to enforce these rules, the Employer/ Employer’s representative may enforce

them at the expenses of the Contractor.

82. Training of personnel:

The contractor, shall, if and as directed by the Employer/ Employer’s

representative provide free of any charge adequate facilities, for vocational
training of Government Officers, students, Engineers, supervisors, foremen,
skilled workman etc. not exceeding six in number at any one time on the
contractor’s work. Their salaries, allowances etc. will be borne by the Government
and the training schemes will be drawn up by the Employer/ Employer’s
representative in consultation with the contractor.

83. Ecological balance:

a) The contractor shall maintain ecological balance by preventing de-

forestation, water pollution and defacing of natural landscape. The
contractor shall so conduct his construction operation as to prevent any
unnecessary destruction, scarring, or defacing of the natural surroundings
in the vicinity of the work. In respect of the ecological balance, Contractor
shall observe the following instructions.

i) Where unnecessary destruction, scarring, damage or defacing may occur,

as result of the operation, the same shall be repaired replanted or
otherwise

ii) All trees and shrubbery which are not specifically required to be cleared or
removed for construction purposes shall be preserved and shall be
protected from any damage that may be caused by the contractor’s
construction operation and equipment. The removal of trees and shrubs
will be permitted only after prior approval by the Employer/ Employer’s
representative. Special care shall be exercised where trees or shrubs are
exposed to injuries by construction equipment, blasting, excavating,
dumping, chemical damage or other operation and the contractor shall
adequately protect such trees by use of protective barriers or other
methods approval by the Employer/ Employer’s representative. Trees shall
not be used for anchorages. The contractor shall be responsible for injuries
to trees and shrubs caused by his operations. The term “injury” shall
include, without limitation bruising, scarring, tearing and breaking of
roots, trunks or branches. All injured trees and shrubs be restored as
nearly as practicable without delay to their original condition at the
contractor’s expense.

(iii) The contractor’s construction activities shall be performed by methods that

will present entrance or accidental spillage of solid matter contaminants,
debris and other objectionable pollutants and wastage into river. Such
pollutant and waste include earth and earth products, garbage, cement
concrete, sewage effluent, industrial wastes, radio-active substances,
mercury, oil and other petroleum products, aggregate processing, mineral
salts and thermal pollution. Pollutants and wastes shall be disposed off in
a manner and at sites approved by the Employer/ Employer’s
representative.

(iv) In conduct of construction activities and operation of equipments the

contractor shall utilize such practicable methods and devices as are
reasonably available to control, prevent and otherwise minimize the air
pollution. The excessive omission of dust in to the atmosphere will not be
 95

permitted during the manufacture, handling and storage of concrete

aggregates and the contractor shall use such methods and equipment as a
necessary for collection and disposal or prevention of dust during these
operation. The contractor’s methods of storing and handling cement shall
also include means of eliminating atmospheric discharges of dust,
equipment and vehicles that give objectionable omission of exhaust gases
shall not be operated. Burning of materials resulting from clearing of trees,
bushes, combustible construction materials and rubbish may be permitted
Only when atmospheric conditions for burning are considered favorable.

a. Separate payment will not be made for complying with the provisions of
this clause and all cost shall be deemed to have been included in the unit rates
and prices included in the contract if any provision is not complied with within
a reasonable time even after issue of a notice in this respect, the necessary
operations would be carried out by the Employer/ Employer’s representative at
the cost of the Contractor, Orders of the Employer/ Employer’s representative
in this respect would be final and binding on the contractor.

84. Preservation of existing vegetation:

a) The contractor will preserve and protect all existing vegetation such as
trees, on or adjacent to the site which do not unreasonably interfere with
the construction as may be determined by the Employer/ Employer’s
representative. The contractor will be held responsible for all unauthorized
cutting or damage of trees, including damage due to careless operation of
equipment, stockpiling of materials or trekking of grass areas by
equipment. Care shall be taken by the Contractor in felling tress
authorized for removal to avoid any unnecessary damages to vegetation
and tress that are to remain in place and to structures under construction
or in existence and to workmen.

b) All the produce from such cutting of trees by the contractor shall remain
the property of Government and shall be properly stacked at site, approved
by the Employer/ Employer’s representative.. No payment whatsoever,
shall be made for such cutting and its stacking by the Contractor. If any
produce from such cutting is not handed over to the Government by the
contractor, he shall be charged for the same at the rates to be decided by
the Employer/ Employer’s representative.. The recovery of this amount
shall be made in full from the intermediate bill that follows.

c) The contractor shall also make arrangements of fuel deposits for supply of
required fuel for the labourer to be employed for cooking purpose at his
own cost in order to prevent destruction of vegetation growth in the
surrounding area of the work site.

85. Possession prior to completion:

The Employer/ Employer’s representative shall have the right to take possession
of or use any completed part of work or works or any part there of under
construction either temporarily or permanently. Such possession or use shall not
be deemed as an acceptance of any work either completed or not completed in
accordance with the contract with in the interest of Clause 28 of APSS except
where expressly otherwise specified by the Employer/ Employer’s representative.

86. Payment upon termination:

If the contract is terminated because of a fundamental breach of contract by the

 96

contractor, the Employer/ Employer’s representative shall issue a certificate for

the value of the work done less advance payment received upon the date of the
issue of the certificate and less the percentage to apply to the work not completed
as indicated in the contract data. Additional liquidated damages shall not apply.
If the total amount due to the Department exceeds any payment due to the
contractor the difference shall be a debt payable to the Department. In case of
default for payment within 28 days from the date of issue of notice to the above
effect, the contractor shall be liable to pay interest at 12% per annum for the
period of delay.

87. Access to the contractor’s books:

Whenever it is considered necessary by the Engineer-in-Charge to ascertain the

actual cost of execution of any particular extra item of work or supply of the plant
or material on which advance is to be made or of extra items or claims, he shall
direct the contractor to produce the relevant documents such as payrolls, records
of personnel, invoices of materials and any or all data relevant to the item or
necessary to by the Employer/ Employer’s representative. and the Engineer-in-
Charge’s representative and by any other persons authorized by the Employer/
Employer’s representative. in writing.

88. B.I.S. [I.S.I.] books and APSS to be kept at site: GOI/NBC

A complete set of Indian Standard specifications, NBC and any other relevant
literature referred to in “Technical Specifications” and A.P.S.S. shall be kept at
site for reference.

89. Variations by way of modification, omissions or additions:

For all modifications, omissions from or additions to the drawings and

specifications, the Employer/ Employer’s representative will issue revised plans,
or written instructions, or both and no modification, omission or addition shall be
made unless so authorized and directed by the Employer/ Employer’s
representative. in writing.

The Employer/ Employer’s representative shall have the privilege of ordering

modifications, omission or additions at any time before the completion of the
work and such orders shall not operate to annual those portions of the
specifications with which said changes do not conflict.

Employer/ Employer’s representative Decision: It shall be accepted as in

separable part of the contract that in matters regarding materials, workmanship,
removal of improper work, interpretation of the contract drawings and contract
specification, mode of the procedure and the carrying out o the work, the decision of the
Engineer-in-Charge, which shall be given in writing shall be binding on the contractor.

90. Care and diversion of river/stream:

The contractor shall submit details regarding the diversion and care of river or
stream during construction of the work along with a separate print-out of the
time table showing earliest and latest start and finish dates of various activities.
He should submit a detailed layout plan with drawings for the diversion and care
of river during construction of work. The above arrangements shall be at
contractor’s cost.
 97

91. Income tax:

a) Income Tax will be recovered as per rules in force.

b) Income Tax clearance certificate should be furnished before the payment of

final bill.

92. Seigniorage charges:

92.1 deleted

92.2 The rates are liable to be revised and amended from ~time to time by the State
Government, by notification in the ‘Andhra Pradesh Gazette’.

92.3 deleted

93. Goods and Service Tax:

93.1 Goods and Service tax at the rate of 12.0 % on all the items of works. Any
changes made in the GST structure (GST etc.,) from time to time shall be
effected

93.2 The contractor should produce a valid latest GST return filed Certificate before
the payment of the final bill, otherwise payment to the contractor will be
withheld.

94. Supply of construction materials:

i) The contractor has to make his own arrangements for procurements,
supply and use of construction materials.
SPECIAL CONDITIONS OF THE CONTRACT
[Any other special conditions applicable to the work put to Bid]
95. In respect of CONTRACT works the conventional Schedule- A giving the
quantities against each item of work is dispensed with. Only project information
regarding project features, major components as available are given in project
profile of bid documents. Scope of work and basic project parameters of the
project and deliverables shall be defined in the bid documents. The bidders shall
review the data / information provided in bid documents and satisfy themselves.
Any doubts shall be got cleared in pre bid meeting. The contractor shall quote the
bid price in lump-sum after careful analysis of cost involved for the performance
work considering all basic parameters, specifications and conditions of contract
The bid offer shall be for the whole work and not for individual item / part of work.
The bidder shall quote for the entire work on a single source responsibility basis.
The cost of all items of work necessary to achieve the objective as setout in the
basic parameters shall be included in the bid price. The total cost of work shall be
mentioned.
96. In respect of CONTRACT works the execution shall be strictly in accordance with
bid conditions. Contractors shall not deviate from basic parameters of the project
to reduce his costs. CONTRACT being a turnkey system extra items / financial
claims on the department contingent to the work other than price adjustments
shall not be considered.
97. In respect of CONTRACT the Internal Bench Mark (IBM) put to Bid value shall be
the basis for comparison of Bids.
 98

98. In case of CONTRACT works, the designs are to be submitted by the executing
agency which shall be approved by the Competent Authority. The CONTRACT
agency shall be responsible for the technical features of the designs.
99. Drawings given, listed and indexed in bid documents are indicative. The above
drawings show the system, as a whole .The contractor shall carry out investigation
to prepare detailed layout, designs and drawings of all components of the work
within the stipulated time period, to be approved by consultant/ departmental
authority. The contractor shall follow all relevant BIS codes / circulars issued by
the department from time to time for various components of the works. In case of
difference of opinion on technical matters between the contractor and the
Engineer-in-charge, the decision of the appellate authority shall be final and
binding on the contractor.
100. The appellate authority is Superintending Engineer/Deputy Chief Technical
Officer in respect of designs and drawings approved by Engineer-in-charge.
101. The appellate authority is Chief Engineer/Chief Technical Officer APTIDCO in
respect of designs and drawings approved by Superintending Engineer.
102. The appellate authority is the Committee constituted by the Government in
respect of designs and drawings approved by Chief Engineer/Chief Technical
Officer.
103. DELETED
104. The Chief Engineer/Chief Technical Officer, APTIDCO shall grant extension of
time up to six months and the CONTRACT Committee – III constituted by the
Govt. vide G.O.Ms. No.217 M.A & U.D © Dept. dt.11.11.2014 for beyond six
months, subject to levying liquidated damages wherever necessary and the
employer conveys the same to the agency.
105. Termination of contact shall also be as per condition No.55 of General Conditions
of contract.
106. deleted
107. deleted
108. In respect of open category Bids, technical evaluation shall be done first following
the criteria specified in the bid document and financial bid evaluation shall be
done in respect of those who are qualified in technical bid evaluation.
109. In addition to the four methods of execution viz., (i) the departmental method (ii)
the piece work contract method (iii) the lump sum contract method and (iv) the
schedule contract method , (v) fifth method is introduced for execution of
CONTRACT works by an agreement in the form approved by Government for
CONTRACT works.
110. In regard to method (v) the details are set forth clearly in the form of articles of
agreement, Bid notice and Bid documents approved by committees constituted by
Government.
111. M. Books and L.F. Books have to be issued by the Executive Engineer (Deputy
Director) to CONTRACT agency duly certified and numbered for recording
measurements and levels. The M. Books and L.F. Books shall be maintained by
CONTRACT Agency and bills are to be submitted to the Engineer in Charge by the
CONTRACT agency along with a true extract of the entire set for checking and
making payment. The Engineer-in-charge has to keep the full set of true extract
with him and return the originals to the agency for further use. The entire original
 99

record shall be finally handed over for record to the Engineer-in-charge by the
CONTRACT Agency.
112. Wherever Quality Control agencies are in existence, such agency has to furnish
certificates as prescribed separately.
113. deleted
114. deleted
115. deleted
116. deleted
117. deleted
118. deleted
119. deleted
120. deleted
121. deleted
122. Deleted
123. The components may be further divided into appropriate sub components and
stages. The payment of each stage of sub component shall be expressed as
percentage of total cost of approved bid which shall also be approved by the
Superintending Engineer and shall form part of contract. Sum of all such stages
of particular component shall be equal to the percentage of that component shown
in Annexure-II of Schedule of Payments.
124. The percentage fixed for sub component shall be correlated to the main
component and volume of the work.
125. The eligibility for payment shall be limited to completed portions of works, subject
to other conditions envisaged in the agreement and executive instructions from
time to time.
126. Schedule-A indicates only firm lump-sum amount of the contract.
127. Bidder shall quote lump sum amount for the work as a whole.
128. Percentages of components shall be indicated by the department in Annexure-II to
Schedule .A
129. The Chief Engineer/Chief Technical Officer is empowered to modify the percentage
of components; stage wise based on the detailed investigation, detailed drawings,
and detailed estimation done by the CONTRACT agency keeping the total price bid
unaltered.
130. The Sub Divisional Officer and Engineer-in-charge shall exercise check to see that
the bill submitted by CONTRACT agency is in accordance with agreement
conditions and certified by the departmental Quality Control Authorities (or) 3rd
Party Quality Control Agency (or) by both if both are deployed on the work.
131. Engineer-in-charge (EE) should check the claim with reference to the
measurements recorded to see that the percentage at which the bill is claimed is
clearly traceable into the documents on which payments are to be made.
Payments shall be adjusted for recovery of advance payments, liquidated damages
in terms of agreement conditions, security deposit for due fulfillment of the
contract. Recoveries shall be affected towards Seigniorage charges on the
 100

materials used and VAT and other statutory recoveries as per State and Central
Government Rules and Acts.
132. Definitions: (i) The employer is The Chief Engineer/Chief Technical Officer,
APTICO i.e., the agreement concluding authority (ii) “Engineer-in-Charge” is the
Executive Engineer in charge of execution.
133. In respect of CONTRACT works the conventional Schedule- A giving the quantities
against each item of work is dispensed with. Only project information regarding
project features, major components as available are given in project profile of bid
documents. Scope of work and basic project parameters of the project and
deliverables shall be defined in the bid documents. The bidders shall review the
data / information provided in bid documents and satisfy themselves. Any doubts
shall be got cleared in pre bid meeting. The contractor shall quote the bid price in
lump-sum after careful analysis of cost involved for the performance of the work
considering the scope of work, deliverables, all basic parameters, specifications
and conditions of contract The bid offer shall be for the whole work and not for
individual item / part of work. The bidder shall quote for the entire work on a
single source responsibility basis. The cost of all items of work necessary to
achieve the objective as setout in the basic parameters shall be included in the bid
price. The total cost of work shall be mentioned.
134. The execution shall be strictly in accordance with bid the conditions. Contractors
shall not deviate from basic parameters of the project to reduce his costs.
CONTRACT being a turnkey system extra items / financial claims on the
department contingent to the work other than price adjustments shall not be
considered.
135. Deleted
136. The roles and responsibilities of field staff, quality control staff and 3 rd party
quality control agencies.
I) FIELD STAFF
1) The field staff (construction staff) has to associate with the CONTRACT agency
while conducting the tests. In case of necessity they may conduct tests
independently whenever required. Under CONTRACT system the field staff play a
vital role in quality assurance of the works.
2) The field staff shall invariably check and produce all the following Records, Check
slips and OK cards maintained by CONTRACT Agency at the site to the
Inspecting Officers.

A) Registers

1) Site Order Book

2) Register of Bench Marks
3) Material OK Register
4) Register of Foundations
5) Register of placement for concrete, Embankment, reinforcement and other
test reports.
6) Register of laying pipelines, testing.
7) Register of test reports of comprehensive strength of concrete
specimens
 101

8) Site Diary Day Book

9) In case of Earthwork excavation embankment, the field staff have to check
and record the pre levels 25% of the pre levels taken by the CONTRACT
agency. In case of cut-off and foundations the field staff have to check and
record 100% levels.

II) Department Quality Control Staff

a) The Department Quality Control staff shall verify the records maintained at
site by CONTRACT agency and the third party quality control agency. The
filed quality control staff have to check 25% of works such as pipes, laying,
jointing, testing including pumping machinery and record independently.

b) Regarding the tests and frequency of tests, the field quality control staff
have to conduct / associate with construction staff as mentioned in
Annexure – D. In case of ambiguity, they shall conduct tests in APERL /
independent laboratory approved by employer.

c) Wherever the Third Party quality control agency is not appointed, the
Department Quality Control staff have to issue the quality certificates for
releasing payment to the CONTRACT agency during construction and other
completion.

III Third Party Quality Control Agency

a) The Third Party Quality Control agency should posses all the testing
facilities as per agreement and conduct independent testing to assure the
quality of work. They should also verify 10% of the tests being done by the
CONTRACT agency independently.

b) The third party quality control agency has to submit the reports and
records to the Engineer-in-Charge vide appendix “E”.

B) Recording of measurements and certifying payments to the CONTRACT

Agency.

a) Measurements are to be recorded by the CONTRACT Agency in the

Measurement Book and the levels in the LF Books.

b) The measurement books and LF books are to be issued by the concerned

Executive Engineer duly certified and numbered.

c) Field Engineer (AE/AEEs) have to verify and record

1/3rd of pre levels taken by CONTRACT Agency.

100% Levels in case of cut off & foundations.

25% of intermediate work done levels

100% for final levels recorded by CONTRACT Agency

d) The measurement books and LF books have to be maintained by the

CONTRACT agency and finally to be handed over the Department
(Engineer-in-Charge)
 102

e) The Department QC Staff have to check 25% of the work such as pipes,
laying, jointing, testing, concrete work, etc.

f) Measurement will be recorded by the CONTRACT agency for the finished

work duly certifying that all tests are conducted and work done by the
agency in accordance with specifications and contracts conditions by using
the material specified in the contract.

g) The CONTRACT Agency shall prepare monthly work bills based on the
recorded measurement of work done and submit to the Engineer-in-charge
duly signed by them or his authorized signatory for arranging payment.

h) The Engineer-in-Charge shall recommend for release of payment duly

ensuring quality certificate by the third party quality control agency /
Department quality control staff ( in the absence of third party quality
control agency).

NOTE: The above guidelines have to be followed duly inter relating with the
relevant conditions / clauses of the respective Agreements concluded.

(C) Reporting procedure for adverse remarks of 3rd party Quality Control
Agency and Departmental Quality Control Staff.

1 Reporting procedure shall be followed as per Appendix ‘E’.

2 The third party quality control agency shall submit reports in four sets for
specific cases of deficiencies for corrective action to the Engineer-in-charge
soon after verification. The sub-standard material shall be rejected and got
them removed from the site. In case necessity, Engineer-in-Charge shall
arrange to stop the work till the deficiencies are rectified to the satisfaction
of the 3rd party Quality control Agency / departmental quality staff.
3 The Engineer-in-Charge shall communicate the above remarks of 3rd party
quality control agency to the CONTRACT agency for compliance of
corrective action.
4 The CONTRACT agency shall furnish compliance report to the Engineer-in-
Charge, who in turn forward the same to the third party quality control
agency / department quality control as the case may be for verification.
5 Soon after receipt of report on the compliance to the remarks of the third
party quality control agency by the CONTRACT agency, evidence of
compliance of corrective action has to be furnished to the Engineer-in-
Charge to proceed with further work.
6 In addition to the above, the observations made by the third party quality
control and the Department quality control staff have to be invariably
completed with before the next bill is present for payment and certificate to
that effect has to be recorded in bills presented by the CONTRACT agency
duly countersigned by their field construction staff before making
payments.
7 On completion of the works, the third party control agency and
Department Quality Control staff have to certify that the work has been
executed as per design and specifications satisfying intended scope of
project as indicated in the agreement before making final payments to the
CONTRACT agency.
 103

8 All Quality Control Units inclusive of 3 rd party agency shall be under the
Technical Control of Chief Engineer ( Public Health)

Salient points on the Duties of the Construction Engineers under E.P.C.

System:

 Under E.P.C. System, the field Engineers are primarily responsible for
Quality Assurance of the work executed by them and conduct all field
tests before allowing further work.

 Shall check and produce to inspecting officers the following Records and
O.K. Cards maintained by the E.P.C. Agency.

A) Registers:-

1. Site order Book.

2. Register of Bench Marks.
3. Material O.K. Register.
4. Register of pipes, laying, jointing, testing.
5. Register of foundations.
6. Register of placement of concrete, Embankment, Reinforcement and other
test reports.
7. Register of test reports of compressive strength of concrete specimens.
8. Site Diary Book

E.Es/ Technical Officers/ S.Es/ Deputy Chief Technical Officer have to check
measure as per Codal provisions and rules in vogue.

 The Measurement books and LF books and other records have to be

maintained by E.P.C. Agency and finally handed over to the Engineer-in-
Charge.

 The observations made by Third party Quality Control agency and the
Department Quality Control Staff have to be invariably complied with
before the next bill for payment is presented. To that effect certificate has
to be recorded by the E.P.C. Agency and countersigned by the field
Engineers.

Under E.P.C. System of contract, fortnightly Management Meetings with

E.P.C. Agency by the Superintending Engineer shall invariably discuss the
Quality Assistance Aspects and records in the Minutes of Meeting
regularly.

Salient Points on the Duties of Department Quality Control Staff.

 Shall verify the records maintained @ site by the E.P.C. agency and the Third
Party Quality Control agency.

 Shall check 25% of final levels/measurements of Earth work, revetment, leveling,

concrete, linear dimensions of important structures, etc.
 104

 Shall conduct/Associate with construction staff with regard to Testing &

Frequency of Tests as stipulated in the I.S. Codes .

 In case of Ambiguity of Test Results, they shall conduct tests in A.P.E.R.L.

independently.

 Shall issue quality certificates for releasing payment in the absence of Third Party
Quality Control Agency to the E.P.C. Agency during construction and after
completion.

 Shall certify that the work has been executed as per designs & Specifications (in
accordance with the agreement) before final payment to E.P.C. Agency.

Third Party Quality Control Agency

The Third Party Quality Control Agency should possess all the testing facilities as
per Agreement and conduct independent testing to assure the Quality of Work.

 Shall verify 10% of the tests done by the E.P.C. Agency.

 Shall submit the Reports and Records to Engineer-in-Charge as per

agreement with the Department.

 Shall give Quality Control Certificate for each work bill executed by the
CONTRACT Agency.

 On completion of the work, the third Party Quality Control Agency shall certify
that the work has been executed as per Design and specifications indicated in the
agreement satisfying intended scope of the project before marking final payment
to the E.P.C. Agency.
 REGD. NO. D. L.-33004/99

EXTRAORDINARY
II— — (i)
PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY
843]
No. 843] NEW DELHI, FRIDAY, OCTOBER 13, 2017/ASVINA 21, 1939

पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्

अधिसूचनय
नई दिल्ली, 13 , 2017
सय.कय.धन. 1265(अ).—के न्द्रीर् सरकयर, पर्यावरण (संरक्षण) अधिधनर्म, 1986 (1986 कय 29) की ियरय 6
और ियरय 25 द्वयरय प्रित्त शधिर्ों कय प्रर्ोग करर्े हुए, पर्यावरण (संरक्षण) धनर्म, 1986 कय और संशोिन करने के धलए
धनम्नधलधिर् धनर्म बनयर्ी है, अर्यार्् : —

1. संधक्षप्त नयम और प्रयरम्भ :—(1) इन धनर्मों कय संधक्षप्त नयम पर्यावरण (संरक्षण) संशोिन धनर्म, 2017 है ।

(2) र्े रयजपत्र में उनके प्रकयशन की र्यरीि को प्रवृत्त होंगे ।

2. पर्यावरण (संरक्षण) धनर्म, 1986 की अनुसूची-1 में, क्रम संखर्यंक 104 और उससे सम्बधन्द्िर् प्रधवधिर्ों के पश्चयर््,
धनम्नधलधिर् क्रम संखर्यंक और प्रधवधिर्यं अन्द्र्ःस्र्यधपर् की जयएगी, अर्यार्् :—

क्र. सं. उद्योग मयनिंड मयनक

1 2 3 4
बधहर्स्याव धनस्सयरण मयनक (धनपटयन के सभी ढंगों को लयगू)
“105 मल उपचयर संर्ंत्र अवस्र्यन सयंर कय
(एसटीपी) धनम्नधलधिर् से
अधिक न होनय
(क) (ि)
पीएच िेश में कहीं भी 6.5-9.0
जैव-रयसयर्धनक महयनगर* अरूणयचल प्रिेश, असम,
ऑक्सीजन मयंग मधणपुर, मेघयलर्, धमजोरम, नयगयलैण्ड,
(बीओडी) धत्रपुरय, धसदिम, धहमयचल प्रिेश,
उत्तरयिंड, जम्मू-कश्मीर रयज्र्ों और

6196 GI/2017 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

अंिमयन और धनकोबयर द्वीप, ियिरय और

नयगर हवेली, िमण और िीव और
लक्षद्वीप के धसवयर्, सभी रयज्र्ों की
रयजियनी ।
ऊपर उधल्लधिर् से धभन्न क्षेत्र/प्रिेश 30
कु ल धनलंधबर् ठोस महयनगर* अरूणयचल प्रिेश, असम, <50
पियर्ा (टीएसएस) मधणपुर, मेघयलर्, धमजोरम, नयगयलैण्ड,
धत्रपुरय, धसदिम, धहमयचल प्रिेश,
उत्तरयिंड, जम्मू-कश्मीर रयज्र्ों और
अंिमयन और धनकोबयर द्वीप, ियिरय और
नयगर हवेली, िमण और िीव और
लक्षद्वीप के धसवयर्, सभी रयज्र्ों की
रयजियनी ।
ऊपर उधल्लधिर् से धभन्न क्षेत्र/प्रिेश <100
फे कल कोलीफॉमा िेश में कहीं भी <1000
(एफसी) (अधर्संभयव्य
संखर्य प्रधर् 100
धमलीधलटर
एमपीएन/100
धमलीधलटर
*मुम्बई, दिल्ली, कोलकयर्य, चेन्नई, बेंगलूरू, हैिरयबयि, अहमियबयि और पुणे महयनगर हैं ।
रटप्पण :
(i) पीएच और फै कल कौलीफॉमा के धसवयर्, धमलीग्रयम/धलटर में सभी मूल्र् ।
(ii) र्े, मयनक जलयशर्ों में धनस्सयरण और भूधम धनपटयन/अनुप्रर्ोगों के धलए लयगू होंगे ।
(iii) फै कल कौलीफॉमा के धलए मयनक औद्योधगक प्रर्ोजनों के धलए उपचयररर् बधहर्स्याव के उपर्ोग के सम्बन्द्ि में लयगू
नहीं होंगे ।
(iv) र्े मयनक 1 जून, 2019 को र्य उसके पश्चयर्् कमीशन दकए जयने वयले सभी मल उपचयर संर्ंत्रों (एसटीपी) को
लयगू होंगे और पुरयने/धवद्यमयन मल उपचयर संर्ंत्र (एसटीपी) रयजपत्र में इस अधिसूचनय के प्रकयशन की र्यरीि
से पयंच वर्ा की अवधि के भीर्र इन मयनकों को प्रयप्त करें गे ।
(v) समुर में उपचयररर् बधहर्स्याव के धनस्सयरण के मयमले में, इसे उधचर् समुरी मुहयने के मयध्र्म से दकर्य जयएगय और
धवद्यमयन र्ट धनस्सयरण को समुरी मुहयनों में संपररवर्र्ार् दकर्य जयएगय और उन मयमलों में, जहयं समुरी मुहयनय
धनस्सयरण के धबन्द्ि ु पर 150 गुणय न्द्र्न
ू र्म आरधम्भक र्नुकरण और धनस्सयरण धबन्द्ि ु से िूर 100 मीटर के दकसी
धबन्द्ि ु पर 1500 गुणय न्द्र्न
ू र्म र्नुकरण प्रियन करर्य है, र्ब धवद्यमयन सधन्नर्म सयियरण धनस्सयरण मयनकों में
धवधनर्िाि दकए गए अनुसयर लयगू होंगे ।
(vi) उपचयररर् बधहर्स्याव कय पुनःउपर्ोग/पुनःचक्रण र्र्य उन मयमलों में, जहयं उपचयररर् बधहर्स्याव के भयग कय
पुनःउपर्ोग और पुनःचक्रण दकर्य जयर्य है धजसमें मयनवीर् सम्पका की सम्भयवनय अन्द्र्वाधलर् है, ऊपर र्र्य
धवधनर्िाि मयनक लयगू होंगे ।
(vii) के न्द्रीर् प्रिूर्ण धनर्ंत्रण बोडा/रयज्र् प्रिूर्ण धनर्ंत्रण बोडा/प्रिूर्ण धनर्ंत्रण सधमधर्र्यं, पर्यावरण (संरक्षण)
अधिधनर्म, 1986 की ियरय 5 के अिीन स्र्यनीर् पररवेश को ध्र्यन में रिर्े हुए, अधिक कठोर सधन्नर्म जयरी
कर सके गय/कर सकें गी ।

[फय. सं. क्र्ू-15017/2/2008/-सीपीडब्लल्र्ू]

अरुण कु मयर मेहर्य, अपर सधचव
 II (ii) 3

रटप्पण : मूल धनर्म भयरर् के रयजपत्र, असयियरण, भयग II, िंड 3, उप-िंड (i) में कय.आ. सं. 844(अ), र्यरीि 19 नवम्बर,
1986 द्वयरय प्रकयधशर् दकए गए र्े और र्त्पश्चयर्् उनमें धनम्नधलधिर् अधिसूचनयओं द्वयरय संशोिन दकए गए र्े, अर्यार्् :—
कय.आ. 433(अ), र्यरीि 18 अप्रैल, 1987; सय.कय.धन. 176(अ), र्यरीि 2 अप्रैल, 1996; सय.कय.धन. 97(अ), र्यरीि
18 फरवरी, 2009; सय.कय.धन. 149(अ), र्यरीि 4 मयचा, 2009; सय.कय.धन. 543(अ), र्यरीि 22 जुलयई, 2009; सय.कय.धन.
739(अ), र्यरीि 9 धसर्म्बर, 2010; सय.कय.धन. 809(अ), र्यरीि 4 अिू बर, 2010; सय.कय.धन. 215(अ), र्यरीि 15 मयचा,
2011; सय.कय.धन. 221(अ), र्यरीि 18 मयचा, 2011; सय.कय.धन. 354(अ), र्यरीि 2 मई, 2011; सय.कय.धन. 424(अ),
र्यरीि 1 जून, 2011; सय.कय.धन. 446(अ), र्यरीि 13 जून, 2011; सय.कय.धन. 152(अ), र्यरीि 16 मयचा, 2012;
सय.कय.धन. 266(अ), र्यरीि 30 मयचा, 2012; सय.कय.धन. 277(अ), र्यरीि 31 मयचा, 2012; सय.कय.धन. 820(अ), र्यरीि
9 नवम्बर, 2012; सय.कय.धन. 176(अ), र्यरीि 18 मयचा, 2013; सय.कय.धन. 535(अ), र्यरीि 7 अगस्र्, 2013; सय.कय.धन.
771(अ), र्यरीि 11 दिसम्बर, 2013; सय.कय.धन. 2(अ), र्यरीि 2 जनवरी, 2014; सय.कय.धन. 229(अ), र्यरीि 28 मयचा,
2014; सय.कय.धन. 232(अ), र्यरीि 31 मयचा, 2014; सय.कय.धन. 325(अ), र्यरीि 7 मई, 2014; सय.कय.धन. 612(अ),
र्यरीि 25 अगस्र्, 2014; सय.कय.धन. 789(अ), र्यरीि 11 नवम्बर, 2014; कय.आ. 3305(अ), र्यरीि 7 दिसम्बर, 2015;
कय.आ. 4(अ), र्यरीि 1 जनवरी, 2016; सय.कय.धन. 35(अ), र्यरीि 14 जनवरी, 2016; सय.कय.धन. 281(अ), र्यरीि
7 मयचा, 2016; सय.कय.धन. 496(अ), र्यरीि 9 मई, 2016; सय.कय.धन. 497(अ), र्यरीि 10 मई, 2016; सय.कय.धन.
978(अ), र्यरीि 10 अिू बर, 2016; और अंधर्म बयर अधिसूचनय संखर्यंक सय.कय.धन. 1016(अ), र्यरीि 28 अिू बर, 2016
द्वयरय संशोधिर् दकए गए र्े ।

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION
New Delhi, the 13th October, 2017
G.S.R. 1265(E).—In exercise of the powers conferred by sections 6 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to
amend the Environment (Protection) Rules, 1986, namely:-
1. Short title and commencement.—(1) These rules may be called the Environment (Protection)
Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Environment (Protection) Rules, 1986, in Schedule – I, after serial number 104 and the entries
relating thereto, the following serial number and entries shall be inserted, namely:—

Sl. Industry Parameters Standards

No.
1 2 3 4
Effluent discharge standards (applicable to all mode of disposal)
“105 Sewage Location Concentration not
Treatment to exceed
Plants (a) (b)
(STPs) pH Anywhere in the country 6.5-9.0
Bio-Chemical Oxygen Metro Cities*, all State Capitals except 20
Demand (BOD) in the State of Arunachal Pradesh,
Assam, Manipur, Meghalaya Mizoram,
Nagaland, Tripura Sikkim, Himachal
Pradesh, Uttarakhand, Jammu and
Kashmir, and Union territory of
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Andaman and Nicobar Islands, Dadar

and Nagar Haveli Daman and Diu and
Lakshadweep
Areas/regions other than mentioned 30
above
Total Suspended Metro Cities*, all State Capitals except <50
Solids (TSS) in the State of Arunachal Pradesh,
Assam, Manipur, Meghalaya Mizoram,
Nagaland, Tripura Sikkim, Himachal
Pradesh, Uttarakhand, Jammu and
Kashmir and Union territory of
Andaman and Nicobar Islands, Dadar
and Nagar Haveli Daman and Diu and
Lakshadweep
Areas/regions other than mentioned <100
above
Fecal Coliform (FC) Anywhere in the country <1000
(Most Probable
Number per 100
milliliter, MPN/100ml
*Metro Cities are Mumbai, Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad and Pune.

Note :
(i) All values in mg/l except for pH and Fecal Coliform.
(ii) These standards shall be applicable for discharge into water bodies as well as for land
disposal/applications.
(iii) The standards for Fecal Coliform shall not apply in respect of use of treated effluent for
industrial purposes.
(iv) These Standards shall apply to all STPs to be commissioned on or after the 1st June, 2019 and
the old/existing STPs shall achieve these standards within a period of five years from date of
publication of this notification in the Official Gazette.
(v) In case of discharge of treated effluent into sea, it shall be through proper marine outfall and the
existing shore discharge shall be converted to marine outfalls, and in cases where the marine
outfall provides a minimum initial dilution of 150 times at the point of discharge and a minimum
dilution of 1500 times at a point 100 meters away from discharge point, then, the existing norms
shall apply as specified in the general discharge standards.
(vi) Reuse/Recycling of treated effluent shall be encouraged and in cases where part of the treated
effluent is reused and recycled involving possibility of human contact, standards as specified
above shall apply.

(vii) Central Pollution Control Board/State Pollution Control Boards/Pollution Control Committees
may issue more stringent norms taking account to local condition under section 5 of the
Environment (Protection) Act, 1986”.

[F. No. Q-15017/2/2008-CPW]

ARUN KUMAR MEHTA, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3,Sub-
section (i) vide number S.O. 844 (E), dated the 19th November, 1986 and subsequently amended
vide the following notifications, namely:—

S.O. 433 (E), dated the 18th April 1987; G.S.R. 176(E) dated the 2nd April, 1996; G.S.R. 97 (E),
dated the 18th February, 2009; G.S.R. 149 (E), dated the 4th March , 2009; G.S.R. 543(E), dated the 22nd
July,2009; G.S.R. 739 (E), dated the 9th September, 2010; G.S.R. 809(E), dated the 4th October, 2010, G.S.R.
 II (ii) 5

215 (E), dated the 15th March, 2011; G.S.R. 221(E), dated the 18th March, 2011; G.S.R. 354 (E), dated the 2nd
May, 2011; G.S.R. 424 (E), dated the 1st June, 2011; G.S.R. 446 (E), dated the 13th June, 2011; G.S.R.
152 (E), dated the 16th March, 2012; G.S.R. 266(E), dated the 30th March, 2012; and G.S.R. 277 (E), dated the
31st March, 2012; and G.S.R. 820(E), dated the 9th November, 2012; G.S.R. 176 (E), dated the 18th March,
2013; G.S.R. 535(E), dated the 7th August, 2013; G.S.R. 771(E), dated the 11th December, 2013; G.S.R. 2(E),
dated the 2nd January, 2014; G.S.R. 229 (E), dated the 28th March, 2014; G.S.R. 232(E), dated the 31st March,
2014; G.S.R. 325(E), dated the 7th May, 2014; G.S.R. 612, (E), dated the 25th August 2014; G.S.R. 789(E),
dated the 11th November 2014; S.O. 3305(E), dated the 7th December, 2015; S.O.4(E), dated the 1st January
2016; G.S.R. 35(E), dated the 14th January 2016; G.S.R. 281 (E), dated the 7th March, 2016; G.S.R. 496(E),
dated the 9th May, 2016; G.S.R.497(E), dated the 10th May, 2016; G.S.R.978(E), dated the 10thOctober, 2016;
and lastly amended vide notification G.S.R. 1016(E), dated the 28th October, 2016.

RAKESH SUKUL Digitally signed by RAKESH SUKUL

Date: 2017.10.17 17:32:27 +05'30'

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