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GOVERNMENT OF RAJASTHAN

URBAN DEVELOPMENT DEPARTMENT

BID DOCUMENT- VOLUME-I


[CONDITION OF CONTRACT]

“Construction of 70 MLD WTP as an extension for existing 130 MLD WTP for ultimate
design capacity of 200MLD WTP at Sakatpura and New construction of 50 MLD WTP
at Shreenathpuram including installation of VT pumps at existing intakes & Pump
houses and Construction of new CWR’s, Pump houses and all related works along with
PLC / SCADA for both WTP’s for UWSS Kota, including Operation and maintenance
for 10 years.”

For

URBAN IMPROVEMENT TRUST, KOTA


05th June, 2020
Submitted by:
Construction Supervision Design Consultant (CSDC),
UIT, Kota.
Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Condition of Contract

Urban Improvement Trust, Kota

Bid-Document
Ref. of NIT : 09/2020-21, Date: 05/06/2020
Name of Work : Construction of 70 MLD WTP as an
extension for existing 130 MLD WTP
for ultimate design capacity of 200MLD
WTP at Sakatpura and New
construction of 50 MLD WTP at
Shreenathpuram including installation
of VT pumps at existing intakes &
Pump houses and Construction of new
CWR’s, Pump houses and all related
works along with PLC / SCADA for
both WTP’s for UWSS Kota, including
Operation and maintenance for 10
years.

Estimated Cost : Rs. 8400.00 Lakhs

Earnest Money : Rs. 168.00 Lakhs (2%)

For UIT Registered Bidders : Rs. 42.00Lakhs (0.5%)

Bid Document Cost : Rs. 7,500/-

RISL Processing Fee : Rs. 1,000/-

Mode of Payment : Online Through SSO Rajasthan

Date of Online downloading : 12.06.2020 (9.30 AM) to 16.07.2020 up


and uploading of tender to 6.00 PM

Opening of Technical BID : 17.07.2020 at 11:00AM

Completion Period : 18 Months

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Condition of Contract

Bidding Document

Contents

S. No. Particulars
A Volume-I
1 Notice Inviting Bids
2 Section-I: Instructions to Bidders
3 Section-II: Bid Data Sheet
4 Section-III: Evaluation and Qualification Criteria
5 Section-IV: Bidding Forms
6 Section-V: Procuring Entity’s Requirements
7 Section-VI-A: General Conditions of Contract (GCC)
8 Tripartite Agreement
9 Section-VI-B: Special Conditions of the Contract/ Contract Data (SCC)
B Volume-II
1 Section-7.0: Scope of Work
2 Section-7.1: Employers’ Requirement
3 Section-7.2: Technical General Specifications
4 Section-7.3: Technical Specific Specification
5 Section-7.4: Technical Specifications- O & M
C Volume-III
1 Section- 8 Drawings
D Volume-IV
1 Section- 9 Price Schedule

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Condition of Contract

Table of Contents
Volume I

Notice Inviting Bids .........................................................................................................................7


Section I: Instructions to Bidders .....................................................................................................9
1. General ...........................................................................................................................10
2. Contents of Bidding Document .....................................................................................12
3. Preparation of Bids ........................................................................................................14
4. Submission and Opening of Bids ...................................................................................18
5. Evaluation and Comparison of Bids .............................................................................20
6. Award of Contract..........................................................................................................24
7. Grievance Handling Procedure during Procurement Process (Appeals) .......................26
Appendix A: Grievance Handling Procedure during Procurement Process
(Appeals) ................................................................................................................27
Section II: Bid Data Sheet..............................................................................................................30
1. Introduction ....................................................................................................................31
2. Contents of Bidding Document .....................................................................................32
3. Preparation of Bids ........................................................................................................32
4. Submission and Opening of Bids ...................................................................................33
5. Evaluation and Comparison of Bids ..............................................................................33
6. Award of Contract..........................................................................................................33
7. Redressal of Grievances (Appeals) ................................................................................33
Section III: Evaluation and Qualification Criteria .........................................................................34
A. Evaluation Criteria: - .....................................................................................................35
B. Qualification Criteria: - .................................................................................................35
1. Eligibility: ......................................................................................................................35
2. Pending Litigation:.........................................................................................................36
3. Financial Situation: ........................................................................................................36
4. Experience: ....................................................................................................................36
5. Personnel: .......................................................................................................................37
6. Bid capacity: ..................................................................................................................38
Section IV: Bidding Forms ............................................................................................................40
4.1 Technical Bid [With reference to Section III] Check List .....................................41
4.2 Letter of Technical Bid ..........................................................................................42
4.3.1. Bid Security (Bank Guarantee Unconditional) ........................................................44
4.3.2 Bid Securing Declaration ..........................................................................................44
4.5 Bidder’s Qualification ............................................................................................45
4.5.1 Form ELI - 1: Bidder’s Information Sheet ...............................................................46
4.5.2 Form ELI – 2: JV Information Sheet:-Deleted .........................................................47
4.5.3 Form LIT 1- Pending Litigation ...............................................................................47
4.5.4 Form FIN - 1: Financial Situation.............................................................................48

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Condition of Contract

4.5.5 Form FIN – 2: Average Annual Construction Turnover in Rupees ..........................50


4.5.6 Form FIN – 3: Financial Resources –: -Deleted .......................................................51
4.5.7 Form FIN- 4: Current Contract Commitments / Works in Progress .........................51
4.5.8 Calculation of Available Bid Capacity .....................................................................52
4.5.10 Form EXP – 2(a): Specific Construction Experience .............................................54
4.5.11 EXP - 2(b): Specific Construction Experience in Key activities:-
Deleted ...................................................................................................................55
4.6 Sample format for evidence of access to or availability of credit facilities .................55
4.7 Declaration by the Bidder in compliance of Section 7 & 11 of the Act ......................56
4.8 Letter of Financial Bid .................................................................................................57
4. 9Bill of Quantities ..........................................................................................................58
Section V - Procuring Entity’s Requirements ...............................................................................61
5.1 Specifications ...............................................................................................................62
5.2 Drawings ......................................................................................................................62
5.3 Supplementary Information .........................................................................................63
5.4 Quality Assurance Plan ................................................................................................63
5.5 Procuring Entity’s General Requirements ...................................................................63
Section VI -A: General Conditions of Contract .............................................................................65
Clause 1: Security Deposit .................................................................................................70
Clause 2: Compensation for delay .....................................................................................71
Clause 3: Risk & Cost Clause ............................................................................................73
Clause 4: Contractor remains liable to pay compensation, if action not taken
under clause 3 ........................................................................................................74
Clause 5: Extension of time ...............................................................................................75
Clause 5 A: Monthly Return of Extra Claims ...................................................................75
Clause 6: Final Certificate .................................................................................................75
Clause 7: Payment on Intermediate Certificate to be regarded as advance .......................76
Clause 7A: Time Limit for Payments of Final Bills ..........................................................76
Clause 8: Bills to be submitted on completion of specified stage of work ........................77
Clause 8A: Deleted (Existing at Clause 8) ........................................................................77
Clause 8B: Recovery of Cost of Preparation of the Bill ....................................................77
Clause 9: Bills to be on printed forms ...............................................................................77
Clause 9A: Payments of Contractor’s Bills to Banks ........................................................77
Clause 10: Stores supplied by Government .......................................................................78
Clause 10A: Rejection of materials procured by the Contractor .......................................78
Clause 10B: Penal rate in case of excess consumption......................................................79
Clause 10 C: Hire of Plant and Machinery ........................................................................79
Clause 11: Works to be executed in accordance with specifications, Drawings,
Orders etc. ..............................................................................................................79
Clause 12:...........................................................................................................................79
Clause 12A: ........................................................................................................................81
Clause 13: No compensation for alteration in or restriction of work to be
carried out. .............................................................................................................81
Clause 14: Action and compensation payable in case of bad work ...................................82

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Condition of Contract

Clause 15: Work to be open to inspection: Contractor or his responsible Agent


to be present ...........................................................................................................82
Clause 16: Notice to be given before any work is covered up...........................................83
Clause 17: Contractor liable for damage done and for imperfections ...............................83
Clause 18: Contractor to supply plant, ladders, scaffolding etc. .......................................83
Clause 19 ............................................................................................................................84
Clause 20: Deleted ............................................................................................................84
Clause 21: Changes in constitution of firm........................................................................84
Clause 22: Work to be under direction of Engineer-in-charge ..........................................84
Clause 23: Standing Committee for Settlement of Disputes .............................................85
Clause 23A: Contractor to indemnify for infringement of Patent or design......................85
Clause 24: Imported Store articles to be obtained from Government ...............................85
Clause 25: Lump-sums in estimates ..................................................................................86
Clause 26: Deleted .............................................................................................................86
Clause 27: Definition of work............................................................................................86
Clause 27A: Definition of Engineer-in-charge ..................................................................86
Clause 28:...........................................................................................................................86
Clause 29: Payments at reduced rates on account of items of work not
accepted and not completed to be at the discretion of the Engineer-in-
charge .....................................................................................................................86
Clause 29A: Payments at part rates ...................................................................................87
Clause 30: Deleted .............................................................................................................87
Clause 31: Contractor to adhere to labour laws/regulation ................................................87
Clause 32: Withdrawal of work from the Contractor ........................................................87
Clause 33:...........................................................................................................................87
Clause 34: -Protect works ..................................................................................................87
Clause 35:-Contractor liable for settlement of claims caused by his delays ......................88
Clause 36A: ........................................................................................................................88
Clause 36B: ........................................................................................................................88
Clause 36C: Payment of Sales Tax, and any other Taxes..................................................88
Clause 36D: ........................................................................................................................88
Clause 37: Refund of Security Deposit ..............................................................................88
Clause 38: Fair Wage Clause .............................................................................................89
Clause 39: Contractor to engage technical staff ................................................................89
Clause 39 A: .......................................................................................................................90
Clause 40: Safety code .......................................................................................................90
Clause 41: - Near Relatives barred from tendering ...........................................................90
Clause 42: Retired Gazette Officers barred for 2 years .....................................................90
Clause 43: Quality Control ................................................................................................90
Clause 43 A: .......................................................................................................................91
Clause 44: Death of Contractor..........................................................................................91
Clause 45: Price variation clause (Adjustment for changes in cost) ..................................91
Clause 45A: Deleted .......................................................................................................94
Clause 46: Force-Majeure ..................................................................................................94

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Condition of Contract

Clause 47: General Discrepancies and Errors ....................................................................94


Clause 48: Post payment Audit & Technical Examination ...............................................94
Clause 48A: Pre-Check or Post Check of Bills .................................................................94
Clause 48B: Check Measurements ....................................................................................94
Clause 49: Dismantled materials .......................................................................................95
Clause 50: Recovery from Contractors ..............................................................................95
Clause 51: Jurisdiction of Court ........................................................................................95
Tripartite Agreement between Kota Smart City Ltd., Government Executive Agency
& the Contractor ................................................................................................................98
Section VI-B Special Conditions of Contract ..............................................................................101

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Notice Inviting Bids

Notice Inviting Bids

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Notice Inviting Bids

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Instructions to Bidders

Section I: Instructions to Bidders

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Instructions to Bidders

Important Instruction:- The Law relating to procurement “The Rajasthan Transparency


in Public Procurement Act, 2012” [hereinafter called the Act] and the “Rajasthan Public
Procurement Rules, 2013” [hereinafter called the Rules] under the said Act have come
into force which are available on the website of State Public Procurement Portal
http://sppp.rajasthan.gov.in Therefore, the Bidders are advised to acquaint themselves with
the provisions of the Act and the Rules before participating in the Bidding process. If there
is any discrepancy between the provisions of the Act and the Rules and this Bidding
Document, the provisions of the Act and the Rules shall prevail.

1. General

1.1 Scope of Bid 1.1.1 In support of the Invitation to Bid indicated in the Bid Data
Sheet (BDS), the Procuring Entity as indicated in the BDS,
issues this Bidding Document for the procurement of
works as named in the BDS and as specified in Section V,
Procuring Entity’s Requirements.
1.2 Interpretation 1.2.1 Throughout this Bidding Document:
The term “in writing” means communicated in written
form through letter, fax, e-mail etc. with proof of receipt.
if the context so requires, singular means plural and vice
versa; and “Day” means a calendar day
1.3 Code of 1.3.1 Any person participating in the procurement process
Integrity shall,-
i. not offer any bribe, reward or gift or any material
benefit either directly or indirectly in exchange for an
unfair advantage in procurement process or to otherwise
influence the procurement process;
ii. not misrepresent or omit that misleads or attempts to
mislead so as to obtain a financial or other benefit or
avoid an obligation;
iii. not indulge in any collusion, bid rigging or anti-
competitive behavior to impair the transparency,
fairness and progress of the procurement process;
iv. not misuse any information shared between the
Procuring Entity and the Bidders with an intent to gain
unfair advantage in the procurement process;
v. not indulge in any coercion including impairing or
harming or threatening to do the same, directly or
indirectly, to any party or to its property to influence the
procurement process;
vi. not obstruct any investigation or audit of a procurement
process;
vii. disclose conflict of interest, if any; and
viii. Disclose any previous transgressions with any Entity in
India or any other country during the last three years or
any debarment by any other Procuring Entity.
1.3.2 Conflict of Interest: A conflict of interest is considered to
be a situation in which a party has interests that could
improperly influence that party’s performance of official

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Instructions to Bidders

duties or responsibilities, contractual obligations, or


compliance with applicable laws and regulations.
A Bidder may be considered to be in conflict of interest
with one or more parties in this bidding process if,
including but not limited to:
i. have controlling partners/ shareholders in common; or
ii. receive or have received any direct or indirect subsidy
from any of them; or
iii. have the same legal representative for purposes of this
Bid; or
iv. have a relationship with each other, directly or through
common third parties, that puts them in a position to
have access to information about or influence on the
Bid of another Bidder, or influence the decisions of the
Procuring Entity regarding this bidding process; or
v. The Bidder participates in more than one Bid in this
bidding process. Participation by a Bidder in more than
one Bid will result in the disqualification of all Bids in
which the Bidder is involved. However, this does not
limit the inclusion of the same subcontractor, not
otherwise participating as a Bidder, in more than one
Bid; or
vi. the Bidder or any of its affiliates participated as a
consultant in the preparation of the design or technical
specifications of the Works that are the subject of the
Bid; or
vii. The Bidder or any of its affiliates has been hired (or is
proposed to be hired) by the Procuring Entity as
Engineer-in-charge/ consultant for the Contract.
1.3.3 The Bidder shall have to give a declaration regarding
compliance of the Code of Integrity prescribed in the Act,
the Rules and stated above in this Clause along with its
Bid, in the format specified in Section IV, Bidding Forms.
1.3.4 Breach of Code of Integrity by the Bidder:- Without
prejudice to the provisions of Chapter IV of the Rajasthan
Transparency in Public Procurement Act, in case of any
breach of the Code of Integrity by a Bidder or prospective
Bidder, as the case may be, the Procuring Entity may take
appropriate action in accordance with the provisions of
sub-section (3) of section 11 and section 46 of the Act.
1.4 Eligible 1.4.1 A Bidder may be a natural person, private Entity,
Bidders government-owned Entity
1.4.2 A Bidder, and all parties constituting the Bidder, shall have
the nationality of India.
1.4.3 A Bidder should not have a conflict of interest in the
procurement in question as stated in the Rule 81 and this
Bidding document.

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Instructions to Bidders

1.4.4 A Bidder debarred under section 46 of the Act shall not be


eligible to participate in any procurement process
undertaken by any Procuring Entity, if debarred by the
State Government; and a Procuring Entity, if debarred by
such Procuring Entity.
1.4.5 The Bidder must be a enlisted Contractor in appropriate
class with the Department/ Organization. He shall furnish
necessary proof for the same.
1.4.6 (i) Any change in the constitution of the firm etc., shall be
notified forth with by the Bidder in writing to the
Procuring Entity and such change shall not relieve any
former partner/ member of the firm, etc. from any
liability under the Contract.
(ii) No new partner/partners shall be accepted in the firm
by the Bidder in respect of the contract unless he/they
agree to abide by all its terms, conditions and deposit
with the Procuring Entity a written agreement to this
effect. The Bidder’s receipt for acknowledgement or
that of any partners subsequently accepted as above
shall bind all of them and will be sufficient discharge
for any of the purpose of the Contract.
1.4.7 Bidders shall provide such evidence of their continued
eligibility satisfactory to the Procuring Entity, should the
Procuring Entity request.
1.4.8 In case a prequalification or empanelment or registration
process has been conducted prior to the bidding process,
this bidding shall be open only to the pre-qualified,
empaneled or registered Bidders.
1.4.9 Each Bidder shall submit only one Bid except in case of
alternative bids, if permitted.
1.4.10 A bidder should have GST Registration, without which the
Bid is liable to be rejected. He is also required to provide
proof of Permanent Account Number (PAN) given by
Income Tax Department. as per current finance
department guidelines. The bidder should have also
compliance of existing Labour Laws. (Child Labour
strictly prohibited)
2. Contents of Bidding Document

2.1 Sections of 2.1.1 The Bidding Document consists of Parts I, II, and III,
the Bidding which include all the Sections indicated below, and should
Document be read in conjunction with any Addenda issued in
accordance with ITB Clause 2.3 [Amendment of Bidding
Document].
Part I: Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Part II: Requirements

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Instructions to Bidders

Section V. Procuring Entity’s Requirements.


Part III: Contract
Section VI A. General Conditions of Contract [GCC]
Section VI B. Special Conditions of Contract [SCC]
2.1.2 The Invitation for Bids (NIB) issued by the Procuring
Entity is also part of the Bidding Document.
2.1.3 The Bidding Document shall be uploaded on the e-
procurement portal, http://eproc.rajasthan.gov.in along
with the Notice Inviting Bids. The complete Bidding
Document shall also be placed on the State Public
Procurement Portal, http://sppp.rajasthan.gov.in The
prospective Bidders may download the bidding document
from these portals. The price of the Bidding Document and
processing fee of e-bidding shall have to be paid to the
Procuring Entity in the amount and manner as specified in
Bid Data Sheet and e-procurement portal.
2.1.4 The Procuring Entity is not responsible for the
completeness of the Bidding Document and its addenda, if
they were not downloaded correctly from the e-
procurement portal or the State Public Procurement Portal.
2.1.5 The Bidder is expected to examine all instructions, forms,
terms and specifications in the Bidding Document. Failure
to furnish all information or authentic documentation
required by the Bidding Document may result in the
rejection of the Bid.
2.2 Clarification 2.2.1 The Bidder shall be deemed to have carefully examined
of Bidding the conditions, specifications, size, make and drawings,
Document etc. of the Works and Related Services to be provided. If
and Pre-Bid any Bidder has any doubts as to the meaning of any
Conference portion of the conditions or of the specifications, drawings
etc., it shall, before submitting the Bid, refer the same to
the Procuring Entity and get clarifications. A Bidder
requiring any clarification of the Bidding Document shall
contact the Procuring Entity in writing or e-mail at the
Procuring Entity’s address indicated in the BDS. The
Procuring Entity will respond in writing or e-mail to any
request for clarification, prior to the deadline for
submission of Bids as specified in ITB Sub-Clause
4.2.1[Deadline for Submission of Bids]. The clarification
issued, including a description of the inquiry but without
identifying its source shall also be placed on the State
Public Procurement Portal and should the Procuring Entity
deem it necessary to amend the Bidding Document as a
result of a clarification, it shall do so following the
procedure under ITB Clause 2.3 [Amendment of Bidding
Document] through an addendum which shall form part of
the Bidding Document..

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Instructions to Bidders

2.2.2 At any time prior to the deadline for submission of the


Bids, the Procuring Entity, suo motto, may also amend the
Bidding Document, if required, by issuing an addendum
which will form part of the Bidding Document.
2.3 Amendment 2.3.1 Any addendum issued shall be part of the Bidding
of Bidding Document and shall be uploaded on the State Public
Document Procurement Portal and the e-procurement portal.
2.3.2 To give prospective Bidders reasonable time in which to
take an addendum into account in preparing their Bids, the
Procuring Entity may, at its discretion, extend the deadline
for the submission of the Bids, pursuant to ITB Sub-Clause
4.2 [Deadline for Submission of Bids], under due
publication on the State Public Procurement Portal and the
e-procurement portal and newspapers.
3. Preparation of Bids
3.1 Cost of 3.1.1 The Bidder shall bear all costs associated with the
Bidding preparation and submission of its Bid, and the Procuring
Entity shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding
process.
3.1.2 The Bidder shall furnish the scanned attested copies of
following documents with its Bid: -
(i) Partnership Deed and valid registration certificate
issued by the Registrar of Firms in case of Partnership
Firms. Power of Attorney in favor of the partner
signing the Bid, authorizing him to represent all
partners of the firm.
(ii) GST Registration and Permanent Account Number
(PAN) given by the Income Tax Department.
(iii) Address of residence and office, telephone numbers e-
mail address in case of sole Proprietorship.
(iv) Certificate of Registration and Memorandum of
Association issued by Registrar of Companies in case
of a registered company. In case of any other statutory
or registered body, certificate of incorporation or
registration issued by concerned authorities. Power of
attorney in favour of the person signing the Bid.
3.2 Language of 3.2.1 The Bid, as well as all correspondence and documents
Bid relating to the Bid exchanged by the Bidder and the
Procuring Entity, shall be written in English/ Hindi.
Supporting documents and printed literature that are part of
the Bid may be in another language provided they are
accompanied by a self-attested accurate translation of the
relevant passages duly accepted by the Bidder in English/
Hindi.
3.3 Documents 3.3.1 The Bid shall comprise of two covers, one containing the
Comprising Technical Bid/ Proposal and the other the Financial or
the Bid Price Bid/ Proposal.
One more cover containing scanned copies of proof of

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Instructions to Bidders

Online payment in form specified in Bid Data Sheet, of the


price of Bidding Document, processing fee and Bid
Security/ Bid Securing Declaration shall be enclosed
separately.
3.3.2 The Technical Bid/ Proposal shall contain the following:
i. Technical Bid/ Proposal Submission Sheet and
Technical Bid containing the filled-up Bidding Forms
and Declarations related to Technical Bid, possession
of required qualifications and Code of Integrity given
in Section IV [Bidding Forms];
ii. proof of Online payment of price of Bidding
Document, processing fee and Bid Security in
accordance with ITB Clause 3.10;
iii. written confirmation authorizing the signatory of the
Bid to commit the Bidder, in accordance with ITB
Clause 3.11;
iv. documentary evidence in accordance with ITB Clause
3.7 establishing the Bidder’s eligibility to bid;
v. documentary evidence in accordance with ITB Clause
3.8 establishing the Bidder’s qualifications to perform
the contract if its Bid is accepted;
vi. Drawings/ designs in support of the Works to be
executed;
vii. the Notice Inviting Bids;
viii. any other document required in the BDS; and
ix. Others considered necessary to strengthen the Bid
submitted.
3.3.3 The Financial Bid/ Price Proposal shall contain the
following:
Financial Bid/ Price Proposal Submission Sheet and the
applicable Price Schedules, in accordance with ITB
Clauses 3.4, 3.5;
Any other document required in the BDS.
3.4 Bid 3.4.1 The Bidder shall submit the Technical Bid and Financial
Submission Bid using the Bid Submission Sheets provided in Section
Sheets and IV [Bidding Forms]. These forms must be completed
Price without any alterations to their format, and no substitutes
Schedules shall be accepted. All blank spaces shall be filled in with
the information requested.
3.4.2 The Bidder shall submit as part of the Financial Bid, the
Price Schedules for Works, using the forms provided in
Section IV [Bidding Forms].
3.5 Bid Prices 3.5.1 i. In case of Item Rate Contracts, the Bidder shall fill in
rates and prices for all items of the Works described in
the Bill of Quantities. Items against which no rate or
price is entered by the Bidder will not be paid for by the
Procuring Entity but will have to be executed and shall
be deemed covered by the rates for other items and
prices in the Bill of Quantities.
ii. In case of Percentage Rate Contracts, combined single

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Instructions to Bidders

percentage above or below the total amount of the Bill


of Quantities must be quoted by the Bidder for all items.
iii. In case of Lump Sum Contracts, only Total Price which
the Bidder wants to charge for the entire Works with all
its contingencies in accordance with drawings and
specifications shall be quoted by the Bidder. A Schedule
of Rates shall be specified in the Bid Data Sheet in order
to regulate the amount to be added to or deducted from
the fixed sum on account of additions and alterations not
covered by the Contract. Payments shall be linked to
various stages of completion of the Works specified in
Activity Schedule given in Bid Data Sheet.
3.5.2 Prices quoted by the Bidder shall be fixed during the
Bidder’s Performance of the Contract and not subject to
variation on any account, unless otherwise specified in the
BDS. A Bid submitted with an adjustable price quotation
shall be treated as non-responsive and shall be rejected,
pursuant to ITB Clause 5.7 [Responsiveness of Bids].
However, if in accordance with the BDS, prices quoted by
the Bidder shall be subject to adjustment during the
performance of the Contract, a Bid submitted with a fixed
price quotation shall not be rejected, but the price
adjustment shall be treated as zero.
3.5.3 All duties, taxes and other levies payable by the Bidder
under the contract, or for any other cause, shall be included
in the rates and prices, and the total Bid Price shall be
submitted by the Bidder.
3.6 Currencies 3.6.1 The unit rates and the prices shall be quoted by the Bidder
of Bid. entirely in Indian Rupees unless otherwise specified in
BDS. All payments shall be made in Indian Rupees only,
unless otherwise specified in the BDS.
3.7 Documents 3.7.1 To establish their eligibility in accordance with ITB Clause
Establishing 1.4 [Eligible Bidders], Bidders shall:
the complete the eligibility declarations in the Bid Submission
Eligibility Sheet and Declaration Form included in Section IV
of the [Bidding Forms];
Bidder
3.8 Documents 3.8.1 To establish its qualifications to perform the Contract, the
Establishing Bidder shall submit as part of its Technical Proposal the
the documentary evidence indicated for each qualification
Qualification criteria specified in Section III, [Evaluation and
s of the Qualification Criteria].
Bidder
3.9 Period of 3.9.1 Bids shall remain valid for 90 days or the period specified
Validity of in the BDS, after the Bid submission deadline date. A Bid
Bids valid for a shorter period shall be rejected by the Procuring
Entity as non-responsive.
3.9.2 In exceptional circumstances, prior to the expiration of the
Bid validity period, the Procuring Entity may request
Bidders to extend the period of validity of their Bids. The

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request and the responses shall be made in writing. The


Bid Security or a Bid Securing Declaration in accordance
with ITB Clause 3.10 [Bid Security] shall also be got
extended for thirty days beyond the dead line of the
extended validity period. A Bidder may refuse the request
without forfeiting its Bid Security or a Bid Securing
Declaration. A Bidder granting the request shall not be
permitted to modify its Bid.
3.10 Bid Security 3.10.1 Unless otherwise specified in the BDS, the Bidder shall
furnish as part of its Bid, a Bid Security for the amount
specified in the BDS.
3.10.2 Bid Security shall be 2% of the value of the Works
indicated in the NIB. For bidders registered with the
Procuring Entity, the bid security shall be 0.5% of the
value of works indicated in the NIB. Bid security is to be
deposited online through SSO Rajasthan Portal, failing
which bid will be considered non-responsive. Bidder is
also required to upload copy of generated receipt of online
payment.
3.10.3 Scanned copy of Bid Security instrument shall necessarily
accompany the Bid. Any Bid not accompanied by Bid
Security or Bid Securing Declaration, if not exempted,
shall be liable to be rejected.
3.10.4 Bid Security of a Bidder lying with the Procuring Entity in
respect of other Bids awaiting decision shall not be
adjusted towards Bid Security for this Bid.
The Bid Security originally deposited may, however be
taken into consideration in case Bids are re-invited.
3.10.5 The issuer of the Bid Security and the confirmer, if any, of
the Bid Security, as well as the form and terms of the Bid
Security, must be acceptable to the Procuring Entity.
3.10.6 Prior to submitting its Bid, a Bidder may request the
Procuring Entity to confirm the acceptability of a proposed
issuer of a Bid Security or of a proposed confirmer, if
different than as specified in ITB Clause 3.10.3. The
Procuring Entity shall respond promptly to such a request.
3.10.7 The Bid Security of unsuccessful Bidders shall be refunded
soon after final acceptance of successful Bid and signing
of Contract Agreement and submitting Performance
Security by successful Bidder pursuant to ITB Clause 6.4
[Performance Security].
3.10.8 The Bid Security taken from a Bidder shall be forfeited in
the following cases, namely: -
i. when the Bidder withdraws or modifies its Bid after
opening of Bids; or
ii. when the Bidder does not execute the agreement in
accordance with ITB Clause 6.3 [Signing of Contract]
after issue of letter of acceptance/ placement of Work
order within the specified time period; or
iii. when the Bidder fails to commence the Works as per

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Work Order within the time specified; or


iv. when the Bidder does not deposit the Performance
Security in accordance with ITB Clause 6.4
[Performance Security]; in the prescribed time limit
after the work order is placed;
v. if the Bidder breaches any provision of the Code of
Integrity prescribed for Bidders in the Act and Chapter
VI of the Rules or as specified in ITB Clause 1.3 [Code
of Integrity]; or
vi. if the Bidder does not accept the correction of its Bid
Price pursuant to ITB Sub-Clause 5.5 [Correction of
Arithmetical Errors].
3.10.9 In case of the successful bidder, the amount of Bid
Security may be adjusted in arriving at the amount of the
Performance Security, or refunded if the successful bidder
furnishes the full amount of Performance Security. No
interest will be paid by the Procuring Entity on the amount
of Bid Security.
3.10.10 The Procuring Entity shall promptly refund the Bid
Security of the Bidders at the earliest of any of the
following events, namely: -
i. The expiry of validity of Bid Security;
ii. The execution of agreement for procurement and
Performance Security is furnished by the successful
bidder;
iii. the cancellation of the procurement process; or
iv. The withdrawal of Bid prior to the deadline for
presenting Bids, unless the Bidding Document
stipulates that no such withdrawal is permitted.
3.10.11 No joint venture allowed
3.11 Format and 3.11.1 All pages of the Technical and Financial Bid shall be
Signing of digitally signed by the Bidder or authorized signatory on
Bid behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be
attached to the Bid.
4. Submission and Opening of Bids
4.1 Sealing 4.1.1 Bidders shall submit their Bids to the Procuring Entity
and only electronically on the e-procurement portal,
Marking of http://eproc.rajasthan.gov.in In submission of their Bids;
Bids the Bidders should follow the step by step instructions
given on the e-procurement portal.
4.1.2 The Bidder shall enclose the Technical Bid and the
financial Bid in separate covers. The scanned copies of
proof of online payment of price of Bidding Document,
processing fee and Bid Security shall also be enclosed with
technical bid.
4.2 Deadline for 4.2.1 Bids shall be submitted electronically only up to the time
Submission and date specified in the Notice Inviting Bids and BDS or

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of Bids an extension issued thereof.


4.3 Withdrawal, 4.3.1 A Bidder may withdraw, substitute or modify its Bid after
Substitution it has been submitted by submitting electronically on the e-
and procurement portal a written Withdrawal/ Substitutions/
Modificatio Modifications etc. notice on the e-procurement portal, duly
n of Bids digitally signed by the Bidder or his authorized
representative, and shall include a copy of the
authorization in accordance with ITB Sub-Clause 3.11.1
[Format and Signing of Bid]. The corresponding
Withdrawal, Substitution or Modification of the Bid must
accompany the respective written notice. All notices must
be received by the Procuring Entity on the e-procurement
portal prior to the deadline specified for submission of
Bids in accordance with ITB Sub-Clause 4.2. [Deadline for
Submission of Bids].
4.3.2 No Bid shall be withdrawn, substituted or modified in the
interval between the deadline for submission of the Bids
and the expiration of the period of Bid validity specified in
ITB Clause 3.9.[Period of Validity of Bids] or any
extension thereof.
4.4 Bid 4.4.1 The electronic Technical Bids shall be opened by the Bids
Opening opening committee constituted by the Procuring Entity at
the time, date and place specified in the Bid Data Sheet in
the presence of the Bidders or their authorized
representatives, who choose to be present.
4.4.2 The Bids opening committee may co-opt experienced
persons in the committee to conduct the process of Bid
opening.
4.4.3 The Bidders may choose to witness the electronic Bid
opening procedure online.
4.4.4 The Financial Bids shall be kept unopened until the time of
opening of the Financial Bids. The date, time, and location
of electronic opening of the Financial Bids shall be
uploaded on website.
4.4.5 The Bids opening committee shall prepare a record of
opening of Technical Bids that shall include, as a
minimum: the name of the Bidder, any conditions put by
Bidder and the presence or absence of the price of Bidding
Document, processing fee and Bid Security. The Bidders
or their representatives, who are present, shall sign the
record. The members of the Bids opening committee shall
also sign the record with date.
4.4.6 After completion of the evaluation of the Technical Bids,
procuring entity shall upload list of responsive bidders and
also uploaded date and time of opening of financial bid.

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4.4.7 The Bids opening committee shall conduct the electronic


opening of Financial Bids of all Bidders who submitted
substantially responsive Technical Bids and have qualified
in evaluation of Technical Bids, in the presence of Bidders
or their representatives who choose to be present, at the
address, date and time specified by the Procuring Entity.
5. Evaluation and Comparison of Bids

5.1 Confidentiality 5.1.1 Information relating to the examination, evaluation,


comparison, and post-qualification of Bids, and
recommendation of contract award, shall not be disclosed
to Bidders or any other persons not officially concerned
with such process until information on Contract award is
communicated to all Bidders.
5.1.2 Any attempt by a Bidder to influence the Procuring Entity
in its examination of qualification, evaluation and
comparison of the Bids or Contract award decisions may
result in the rejection of its Bid, in addition to the legal
action that may be taken by the Procuring Entity under the
Act and the Rules.
5.1.3 Notwithstanding ITB Sub-Clause 5.1.2, from the time of
opening the Bid to the time of Contract award, if any
Bidder wishes to contact the Procuring Entity on any
matter related to the Bidding process, it shall do so in
writing.
5.1.4 In addition to the restrictions specified in section 49 of the
Act, the Procuring Entity, while procuring a subject
matter of such nature which requires the procuring Entity
to maintain confidentiality, may impose condition for
protecting confidentiality of such information.
5.2 Clarification 5.2.1 To assist in the Examination, Evaluation and Comparison
of Technical of the technical or financial bids the bid evaluation
or Financial committee may ask any bidder for a clarification
Bids regarding its bid.
5.3 Deviations, 5.3.1 During the evaluation of Technical bid, the following
Reservations definitions apply:
and i. “Deviation” is a departure from the requirements
Omissions in specified in the Bidding Document;
Technical or ii. “Reservation” is the setting of limiting conditions or
Financial withholding from complete acceptance of the
Bids requirements specified in the Bidding Document; and
iii. “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
5.4 Nonmaterial 5.4.1 Provided that a Technical bid is substantially responsive,
Non the Procuring Entity may waive any nonconformities
conformities (with recorded reasons) in the Bid that do not constitute a
in Technical material deviation, reservation or omission.
or Financial
Bids

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5.4.2 Provided that a Technical or Financial Bid is substantially


responsive, the Procuring Entity may request the Bidder
to submit the necessary information or documentation,
within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Bid related to
documentation requirements. Request for information or
documentation on such nonconformities shall not be
related to any aspect of the Financial Proposal of the Bid.
Failure of the Bidder to comply with the request may
result in the rejection of its Bid.
5.4.3 Provided that a Technical bid is substantially responsive,
the Procuring Entity will rectify nonmaterial
nonconformities or omissions (with recorded reasons).
5.5 Correction of 5.5.1 If the Bidder that submitted the lowest evaluated Bid does
Arithmetical not accept the correction of arithmetical errors, its Bid
Errors in shall be disqualified and its Bid Security shall be
Financial Bid forfeited.
5.6 Preliminary 5.6.1 The Procuring Entity shall examine the Technical or
Examination Financial Bids to confirm that all documents and technical
of Technical documentation requested in ITB Sub-Clause 3.3
or Financial [Documents Comprising the Bid] have been provided, and
Bids to determine the completeness of each document
submitted.
5.6.2 The Procuring Entity shall confirm, following the opening
of the Technical or Financial Bids, that the following
documents and information have been provided:
i. Bid is signed, as per the requirements listed in the
Bidding Document;
i i. Bid has been submitted as per instructions
provided in the Bidding Document and e-
procurement portal;
iii. Bid is valid for the period, specified in the Bidding
Document;
iv. Bid is accompanied by Bid Security;
v. Bid is unconditional and the Bidder has agreed to
give the required Performance Security; if
applicable.
vi. Price Schedules in the Financial Bid are in
accordance with ITB Clause 3.4 [Bid Submission
Sheets and Price Schedules];
vii. written confirmation of authorization to commit
the Bidder;
viii. Declaration by the Bidder in compliance of
Section 7 and 11 of the Act; and
ix. Other conditions, as specified in the Bidding
Document are fulfilled.
5.7 Responsivene 5.7.1 The Procuring Entity’s determination of the
ss of responsiveness of a Technical or Financial Bid is to be
Technical or based on the contents of the Bid itself, as defined in ITB

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Financial Sub-Clause 3.3 [Documents Comprising the Bid].


Bids
5.7.2 A substantially responsive Technical or Financial Bid is
one that meets without material deviation, reservation, or
omission to all the terms, conditions, and specifications of
the Bidding Document. A material deviation, reservation,
or omission is one that:
(a) if accepted, would-
i. affect in any substantial way the scope, quality, or
performance of the Works; or
i i. limits in any substantial way, inconsistent with the
Bidding Document, the Procuring Entity’s rights
or the Bidder’s obligations under the proposed
Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive Bids.
5.7.3 The Procuring Entity shall examine the technical aspects
of the Bid in particular, to confirm that requirements of
Section V [Procuring Entity’s Requirements] have been
met without any material deviation, reservation, or
omission.
5.7.4 If a Technical or Financial Bid is not substantially
responsive to the Bidding Document, it shall be rejected
by the Procuring Entity and may not subsequently be
made responsive by the Bidder by correction of the
material deviation, reservation, or omission.
5.8 Examination 5.8.1 The Procuring Entity shall examine the Bids to confirm
of Terms and that all terms and conditions specified in the GCC and the
Conditions of SCC have been accepted by the Bidder without any
the Technical material deviation or reservation.
or Financial
Bids
5.8.2 The Procuring Entity shall evaluate the technical aspects
of the Bid submitted in accordance with ITB Clause 3.3
[Documents Comprising the Bid] and to confirm that all
requirements specified in Section V [Procuring Entity’s
Requirements] of the Bidding Document and all
amendments or changes made by the Procuring Entity in
accordance with ITB Clause 2.3 [Amendment of Bidding
Document] have been met without any material deviation
or reservation.
5.9 Evaluation of 5.9.1 The determination of qualification of a Bidder in
Qualification evaluation of Technical Bids shall be based upon an
of Bidders in examination of the documentary evidence of the Bidder’s
Technical qualifications submitted by the Bidder, pursuant to ITB
Bids Clause 3.8 [Documents Establishing the Qualifications of
the Bidder] and in accordance with the qualification
criteria indicated in Section III [Evaluation and
Qualification Criteria]. Factors not included in Section III,

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shall not be used in the evaluation of the Bidder’s


qualification.

5.10 Evaluation of 5.10.1 The Procuring Entity shall evaluate each Financial Bid,
Financial the corresponding Technical Bid of which has been
Bids determined to be substantially responsive.
5.10.2 To evaluate a Financial Bid, the Procuring Entity shall
only use all the criteria and methodologies defined in this
Clause and in Section III [Evaluation and Qualification
Criteria]. No other criteria or methodology shall be
permitted.
5.10.3 Deleted
5.11 Comparison 5.11.1 The Procuring Entity shall compare all substantially
of Bids responsive Financial Bids to determine the lowest-
evaluated Financial Bid in accordance with ITB Sub-
Clause 5.10 [Evaluation of Financial Bids].
5.12 Negotiations 5.12.1 To the extent possible, no negotiations shall be conducted
after the pre-Bid stage. All clarifications needed to be
sought shall be sought in the pre-Bid stage itself.
5.12.2 Negotiations may, however, be undertaken only with the
lowest Bidder under the following circumstances-
(i) When ring prices have been quoted by the Bidders
for the subject matter of procurement; or
(ii) When the rates quoted vary considerably and
considered much higher than the prevailing market
rates.
5.12.3 The Bid evaluation committee shall have full powers to
undertake negotiations. Detailed reasons and results of
negotiations shall be recorded in the proceedings.

5.12.4 The lowest Bidder shall be informed about negotiations in


writing either through messenger or by registered letter
and e-mail (if available). A minimum time of seven days
shall be given for calling negotiations. In case of urgency,
the Bid evaluation committee, after recording reasons,
may reduce the time, provided the lowest Bidder has
received the intimation and consented to holding of
negotiations.
5.12.5 In case of non-satisfactory achievement of rates from
lowest Bidder, the Bid evaluation committee may choose
to make a written counter offer to the lowest Bidder and if
this is not accepted by him, the committee may decide to
reject and re-invite Bids or to make the same counter-
offer first to the second lowest Bidder, then to the third
lowest Bidder and so on in the order of their initial
standing in the bid evaluation and work order be awarded
to the Bidder who accepts the counter-offer.
5.12.6 In case the rates even after the negotiations are considered
very high, fresh Bids shall be invited.

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5.13 Procuring 5.13.1 The Procuring Entity reserves the right to accept or reject
Entity’s Right any Bid, and to annul the Bidding process and reject all
to Accept Bids at any time prior to Contract award without
Any Bid, and assigning any reasons thereof and without there by
to Reject Any incurring any liability to the Bidders.
or All Bids
6. Award of Contract
6.1 Procuring 6.1.1 If the Procuring Entity does not procure any subject
Entity’s Right matter of procurement or procures less than the quantity
to Vary specified in the Bidding Document due to change in
Quantities circumstances, the Bidder shall not be entitled for any
claim or compensation except otherwise provided in the
Bidding Document.
6.1.2 Order for additional quantity of an item of the Works upto
50 percent of the original quantity of that item in the Bill
of Quantities and for extra items not provided for in the
Bill of Quantities may be given but the amount of the
additional quantities and extra items, taken together, shall
not exceed 50 percent of the Contract Price.
6.2 Acceptance of 6.2.1 The Procuring Entity after considering the
the successful recommendations of the Bid Evaluation Committee and
Bid and the conditions of Bid, if any, financial implications,
award of samples, test reports etc., shall accept or reject the
contract successful Bid.
6.2.2 Before award of the Contract, the Procuring Entity shall
ensure that the price of successful Bid is reasonable and
consistent with the required specifications.
6.2.3 A Bid shall be treated as successful only after the
competent authority has approved the procurement in
terms of that Bid.
6.2.4 The Procuring Entity shall award the contract to the
Bidder whose offer has been determined to be the lowest
in accordance with the evaluation criteria set out in the
Bidding Document if the Bidder has been determined to
be qualified to perform the contract satisfactorily on the
basis of qualification criteria fixed for the Bidders in the
Bidding Document for the subject matter of procurement.
6.2.5 Prior to the expiration of the period of validity of Bid, the
Procuring Entity shall inform the successful Bidder in
writing, by registered post or email, that its Bid has been
accepted.
6.2.6 If the issuance of formal letter of acceptance (LOA) is
likely to take time, in the meanwhile a Letter of Intent
(LOI) may be sent to the Bidder. The acceptance of an
offer is complete as soon as the letter of acceptance or
letter of intent is posted and/ or sent by email (if
available) to the address of the Bidder given in the
Bidding Document.

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6.3 Signing of 6.3.1 In the written intimation of acceptance of its Bid sent to
Contract the successful Bidder, it shall also be requested to execute
an agreement in the format given in the Bidding
Document on a non-judicial stamp of requisite value at his
cost and deposit the Performance Security, if applicable,
within a period specified in the BDS or where the period
is not specified in the BDS, then within fifteen days from
the date on which the LOA or LOI is dispatched to the
Bidder.
6.3.2 If the Bidder, whose Bid has been accepted, fails to sign a
written procurement contract or fails to furnish the
required Performance Security, if applicable within the
specified time period, the Procuring Entity shall forfeit the
Bid Security of the successful bidder and take required
action against it as per the provisions of the Act and the
Rules.
6.3.3 The Bid Security, if any, of the Bidders whose Bids could
not be accepted shall be refunded soon after the contract
with the successful Bidder is signed and his Performance
Security is obtained. Until a formal contract is executed,
LOA or LOI shall constitute a binding contract.
6.4 Performance 6.4.1 Performance Security (if applicable) shall be solicited
Security from the successful Bidder. The State Government may
relax the provision of Performance Security in particular
procurement. or performance security /security deposit @
10 % Shall be deducted from running bills.
6.4.2 Performance Security (if applicable) shall be furnished in
one of the following forms as applicable-
(i) Bank Draft or Banker's Cheque of a Nationalized /
Scheduled Bank in India; or
(ii) National Savings Certificates and any other script/
instrument under National Savings Schemes for
promotion of small savings issued by a Post Office in
Rajasthan, if the same can be pledged under the
relevant rules. They shall be accepted at their surrender
value at the time of Bid and formally transferred in the
name of the Procuring Entity with the approval of Head
Post Master; or
(iii) Bank guarantee Payable at Kota. It shall be got verified
from the issuing bank. Other conditions regarding bank
guarantee shall be same as specified in ITB Sub-
Clause; or
(iv) Fixed Deposit Receipt (FDR) of a Nationalized /
Scheduled Bank. It shall be in the name of the
Procuring Entity on account of Bidder and discharged
by the Bidder in advance. The Procuring Entity shall
ensure before accepting the Fixed Deposit Receipt that
the Bidder furnishes an undertaking from the bank to
make payment/ premature payment of the Fixed
Deposit Receipt on demand to the Procuring Entity

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without requirement of consent of the Bidder


concerned. In the event of forfeiture of the Performance
Security, the Fixed Deposit shall be forfeited along
with interest earned on such Fixed Deposit.
(v) The successful Bidder at the time of signing of the
Contract agreement, may submit option for deduction
of Performance Security from each bill.
6.4.3 Performance Security furnished in the form of a document
mentioned at options i. to v. of Sub-Clause 6.4.2above
shall remain valid for a period of sixty days beyond the
date of completion.
6.4.4 Failure of the successful Bidder to submit the above-
mentioned Performance Security (if applicable) or sign
the Contract shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security.
In that event the Procuring Entity may either cancel the
procurement process or if deemed appropriate, award the
Contract at the rates of the lowest Bidder, to the next
lowest evaluated Bidder whose offer is substantially
responsive and is determined by the Procuring Entity to
be qualified to perform the Contract satisfactorily.
6.4.5 Forfeiture of Performance Security: Amount of
Performance Security in full or part may be forfeited in
the following cases:-
i. when the Bidder does not execute the agreement in
accordance with ITB Clause 6.3 [Signing of Contract]
within the specified time; after issue of letter of
acceptance; or
ii. when the Bidder fails to commence the Works as per
Work order within the time specified; or
iii. when the Bidder fails to complete Contracted Works
satisfactorily within the time specified; or
iv. when any terms and conditions of the Contract is
breached; or
v. Failure by the Bidder to pay the Procuring Entity any
established dues under any other contract; or
vi. if the Bidder breaches any provision of the Code of
Integrity as specified for the Bidders in the Act,
Chapter VI of the Rules and this Bidding Document.
Notice of reasonable time will be given in case of
forfeiture of Performance Security. The decision of the
Procuring Entity in this regard shall be final.
7. Grievance Handling Procedure during Procurement Process (Appeals)

7 Grievance 7.1 Any grievance of a Bidder pertaining to the procurement


handling process shall be by way of filing an appeal to the First or
procedure Second Appellate Authority, as the case may be, as
during specified in the BDS, in accordance with the provisions of
procurement chapter III of the Act and chapter VII of the Rules and as
process given in Appendix A to these ITB.

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Appendix A:
Grievance Handling Procedure during Procurement Process (Appeals)

1. Filing an appeal

a) If any Bidder or prospective Bidder is aggrieved that any decision, action or


omission of the Procuring Entity is in contravention to the provisions of the Act or
the Rules or the Guidelines issued there under, he may file an appeal to the First
Appellate Authority as specified in the Bid Data Sheet, within a period of ten days
from the date of such decision, action, or omission, as the case may be, clearl y
giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful in terms of section 27
of the Act, the appeal may be filed only by a Bidder who has participated in
procurement proceedings
Provided further that in case a Procuring Entity evaluates the Technical Bid
before the opening of the Financial Bid, an appeal related to the matter of
Financial Bid may be filed only by a Bidder whose Technical Bid is found to be
acceptable.
b) After hearing the parties, the First Appellate Authority shall dispose of the appeal
and pass an order within a period of 30 days of the date filing of the appeal.
c) If the First Appellate Authority fails to dispose of the appeal within the period 30
days of the date of filing the appeal or if the bidder or prospective bidder or the
procuring entity is aggrieved by the order passed by the First Appellate Authority,
the bidder or prospective bidder or the procuring entity, as the case may be, may
file a second appeal to the Second Appellate Authority as specified in the Bid
Data Sheet, within fifteen days. The Second Appellate Authority, after hearing the
parties, shall dispose of the appeal and pass an order within a period of 30 days
which shall be final and binding on the parties.

2. Appeal not to lie in certain cases

No appeal shall lie against any decision of the Procuring Entity relating to the following
matters, namely: -

a) determination of need of procurement;


b) provisions limiting participation of Bidders in the bidding process;
c) the decision of whether or not to enter into negotiations;
d) cancellation of a procurement process;
e) Applicability of the provisions of confidentiality.
3. Form and procedure of filing an appeal
a) An appeal shall be in the annexed Form along with as many copies as there are
respondents in the appeal.

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b) Every appeal shall be accompanied by an order appealed against, if any, affidavit


verifying the facts stated in the appeal and proof of payment of fee.
c) Every appeal may be presented to First Appellate Authority or Second Appellate
Authority, as the case may be, in person or through registered post or authorized
representative.

4. Fee for filing appeal


a) Fee for first appeal shall be rupees two thousand five hundred and for second
appeal shall be rupees ten thousand, which shall be non-refundable.
b) The fee shall be paid in the form of bank demand draft or banker’s Cheque of a
Nationalized/Scheduled Bank in India payable at Kota in the name of Appellate
Authority concerned.
5. Procedure for disposal of appeals
a) The First Appellate Authority or Second Appellate Authority, as the case may be,
upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit
and documents, if any, to the respondents and fix date of hearing.

b) On the date fixed for hearing, the First Appellate Authority or Second Appellate
Authority, as the case may be, shall, -
i) hear all the parties to appeal present before him; and
ii) Peruse or inspect documents, relevant records or copies thereof relating to the
matter.

c) After hearing the parties, perusal or inspection of documents and relevant records
or copies thereof relating to the matter, the Appellate Authority concerned shall
pass an order in writing and provide the copy of order to the parties to appeal free
of cost.

d) The order passed under sub-clause (c) above shall be placed on the State Public
Procurement Portal.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Instructions to Bidders

Annexure

FORM No. 1
[See rule 83]
Memorandum of Appeal under the Rajasthan Transparency in Public Procurement
Act, 2012

Appeal No ………of ……………

Before the ………………………… (First / Second Appellate Authority)

1. Particulars of appellant
i) Name of the appellant:
ii) Official address, if any:
iii) Residential address:
2. Name and address of the respondent(s):

(i)

(ii)

(iii)

3. Number and date of the order appealed against and name and designation of the officer /
authority who passed the order (enclose copy), or a statement of a decision, action or
omission of the Procuring Entity in contravention to the provisions of the Act by which
the appellant is aggrieved:

4. If the Appellant proposes to be represented by a representative, the name and postal


address of the representative:

5. Number of affidavits and documents enclosed with the appeal:

6. Grounds of appeal:
……………………………………………………………………………………………
……………………………………………………………………………………………
…………………………………………………………….....(Supported by an affidavit)

7. Prayer:
……………………………………………………………………………………………
……………………………………………………………………………………………

Place …………………………………….
Date ……………………………………
Appellant's Signature

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bid Data Sheet

Section II: Bid Data Sheet


This section consists of provisions that are specific to each procurement and supplement
the information or requirements included in Section I: Instructions to Bidders.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bid Data Sheet

1. Introduction

ITB1.1.1 The number of the Invitation for Bids is:


NIT No.: 09/2020-21
The Procuring Entity is : Executive Engineer(Water)
Urban Improvement Trust, Kota
The name of the Works is “Construction of 70 MLD WTP as an extension for
existing 130 MLD WTP for ultimate design capacity of 200MLD WTP at
Sakatpura and New construction of 50 MLD WTP at Shreenathpuram
including installation of VT pumps at existing intakes & Pump houses and
construction of new CWR’s, Pump houses and all related works along with
PLC/SCADA for both WTP’s for UWSS Kota, including Operation and
maintenance for 10 years”.
ITB 1.4.1 The Joint Ventures / Consortiums are permitted /not permitted:
Not permitted
ITB 2.1.3 ● Bidding Document Fee Rs. 7,500 [Rupees Seven Thousand five Hundred
only ]
● RISL Processing Fee Rs. 1,000.00 [Rupees One Thousand only]
● Bid Security -
 For non-enlisted with UIT bidders- Rs. 168.00 Lakhs (2%)
[Rupees Only]
 For Enlisted with UIT Bidder- Rs. 42.00 Lakhs (0.5%)
[Rupees Only]
● Mode of Payment: Payment of bidding document Fee, RISL Processing
fee & Bid Security is to be paid online through https://sso.rajasthan.gov.in
portal. The process of online payment is as under:
https://sso.rajasthan.gov.in> Urban Services (Application)>Citizen
Services>Payment Gateway for E-Tendering (EMD)
After successful online payment, generated receipt is required to be
uploaded along with bid document on http://eproc.rajasthan.gov.in. Only
online payment will be accepted.

ITB 2.2.1 For clarification purposes only, the Procuring Entity’s address is :
Attention: Mr. Ashok Kumar Jain, Executive Engineer (w)
Complete Address with Floor and Room number: Room No. 101, First Floor,
UIT Kota, Near CAD circle, Kota.
City: Kota PIN Code: 324005
Telephone: 0744-2500567
Facsimile number: 0744-2500828
Email address: [email protected]
ITB 2.2.2 A Pre-Bid conference shall take place at the following date, time, and
location:
Date : 24-06-2020
Time: 11:00 AM

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bid Data Sheet

Place: UIT, Kota


Bidders are advised to either attend the pre-bid meeting, or to submit their
queries by fax letter to Executive Engineer (w) or by e-mail to
[email protected].
There will be no online pre-bid meeting.

2. Contents of Bidding Document


3. Preparation of Bids

ITB 3.2.1 The language of the bid shall be : English


ITB 3.3.2 The Bidder shall submit the following additional documents with its
Technical Bid:
1. General Conditions of Contract (signed by authorized person),
2. Special Conditions of Contract (signed by authorized person),
3. Generated receipt of online Payment.
4. Registration certificate under UIT Kota/ other govt. departments.
5. GST Registration Certificate.
6. PAN Card of Firm/Company/Individual etc.
ITB 3.3.3 The Bidder shall submit the following additional documents with its properly
bound Financial Bid :
Financial Bid/ Price Proposal Submission Sheet and the applicable Price
Schedules, in accordance with ITB Clauses 3.4, 3.5;
Any other document required in the BDS.
ITB 3.5.2 The prices quoted by the Bidder shall be fixed.
ITB 3.6.1 The unit rates and the prices may be quoted by the bidders in Indian currency.
ITB 3.9.1 The bid validity period shall be. 90 days from deadline for submission of bids.
ITB 3.10.1/ A Bid Security shall be required.
3.10.2 If a bid security is required, the amount and currency of the bid security
shall be (Amount in Rupees in figures and words): For non-enlisted with
UIT bidders- Rs.168.00 Lakhs (2%) [Rupees One Crore Sixty Eight Lac Only]
Amount of bid security/earnest money shall be deposited online through SSO
Rajasthan Portal. Bidder is also required to upload copy of generated receipt of
online payment.
For enlisted with UIT Bidder- Rs. 42.00 Lakhs (0.5%) [Rupees Forty Two
Lakh Only]

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bid Data Sheet

ITB 3.11.2 The written confirmation of authorization to sign on behalf of the Bidder shall
consist of: Authority letter from bidder.

4. Submission and Opening of Bids

ITB 4.2.1 The deadline for bid submission is:


Date: 16.07.2020
Time: 6:00 PM

ITB 4.5.1 The bid opening shall take place at:


Complete Address with Floor and Room number: Room No. 101, First Floor,
UIT Kota, Near CAD circle, Kota.
City: Kota PIN Code 324005
Date: 17.07.2020 Time: 11:00 AM
5. Evaluation and Comparison of Bids
6. Award of Contract

ITB 6.4.2 The period within which the Performance Security (if applicable) is to be
submitted by the successful Bidder and the Contract Agreement is to be signed
by him from the date of issue of Letter of Acceptance is 15 Days.

ITB 6.4.2 Performance Security at the rate of 10 percent of the contract value or
Performance Security Declaration, as the case may be, shall be required.

7. Redressal of Grievances (Appeals)

ITB 7.1.1 The designation and complete address of the First Appellate Authority is:
Secretary UIT Kota
The designation and complete address of the Second Appellate Authority is:
Secretary /Principal Secretary/ Addl. Chief Secretary, UDH Jaipur.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Evaluation & Qualification Criteria

Section III: Evaluation and Qualification Criteria

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Evaluation & Qualification Criteria

A. Evaluation Criteria: -
1.1 The successful Bid will be the lowest evaluated responsive Bid, which qualifies in
technical evaluation.

1.2 Adequacy of Technical Proposal


Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s
technical capacity to mobilize key equipment and personnel for the contract consistent
with its proposal regarding work methods, scheduling and material sourcing in sufficient
detail.

B. Qualification Criteria: -
The Technical and Financial proposals shall be opened and evaluated only of those bidders
who fulfil the eligibility criteria as specified below;

The Procuring Entity may include other qualification criteria also as per the requirement of
the nature of the concerned Works.

1. Eligibility:

Criteria Compliance Requirements Documents

Single Joint Venture (Not Permitted) Submission


Entity Requirements
Requirement All Each On e
Partners Partner partner
Combined

i) Nationality Nationality in Must meet NA NA NA As per forms


accordance requirement ELI 1, ELI 2
with ITB sub w ith
Clause 1.4.2 attachments.

ii) Conflict of No conflicts of Must meet NA NA NA Letter of Bid


Interest interest in requirement
accordance with
ITB Sub-clause
1.4.3

iii) Debarment Must declare Must NA NA NA Declaration


/ declare form given in
Transgressi the Bidding
on by any Document
Procuring
Entity.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Evaluation & Qualification Criteria

2. Pending Litigation:

Pending All pending litigation shall be Must meet NA NA NA Form LIT -1


Litigation treated as resolved against the requirement
Bidder and so shall in total not
represent more than 50 percent
of the Bidder’s net worth.

3. Financial Situation:

i) Historical Submission of audited accounts Should be NA NA NA Form FIN-1


Financial for the last 5 years to positive with
Performance demonstrate the current attachments
soundness of the Bidders
financial position and its
prospective long-term
profitability. As a minimum, a
Bidder's net worth calculated as
the difference between total
assets and total outside liabilities
must be positive.
(Should be certified by CA)

ii) Financial The bidder should have achieved Must meet NA NA NA Form
Turn over a financial turn over at least 50% requirement FIN-2
of cost of work (bid cost) in any
one of the last 5 financial years;
however bidder may opt the
current year in five-year
assessment period.

4. Experience:

(i) General The bidder should have Must meet NA NA NA Form


Construction experience completion of requirement Exp-I
Experience Engineering procurement
construction (EPC) /
Design-Build / Design-
Build-Operate contract
including design,
construction, supply,
installation, testing &
commissioning successfully
of Water Supply Projects
in India last 7 Years

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Evaluation & Qualification Criteria

(ii) Specific Construction Experience

(a) Contracts of 1) The bidder should have Must meet NA NA NA Form


similar size experience completion requirement EXP -2(a)
and nature of Engineering
procurement
construction (EPC) /
Design-Build / Design-
Build-Operate contract
including design,
construction, supply,
installation, testing &
Commissioning
successfully a Water
Treatment Plant of 35
MLD or more working
capacity with SCADA
system in the last 7
years. The same work
(WTP) should have been
in operation and
maintenance satisfactory
for minimum 2 years”.
2) Must have experience of
having executed one
project of similar nature
costing 50% of Rs.
70.14 Cr. (capital work
cost) means a water
supply project having
component like Intake
well, WTP, Pipeline,
CWR and Pump House
in last 7 years.
 For similar nature work duration 7 years (updated upto the present price level)
 For current if work is not completed but the amount completed more than required may be
considered on the basis of engineer in charge certificate but not below the rank of Executive
Engineer.
 Work Completion Certificates shall not be considered below rank of Executive Engineer.

5. Personnel:
The Contractor shall provide details of the key personnel proposed for administration,
execution and quality control of the Contract, and shall complete the following Schedule of
Key Personnel which summarizes their qualifications and experience. The Contractor shall
attach biographical data in support of his proposal. Engagement of the proposed personnel
will be subject to the Employer’s approval, and in case the Employer does not approve any of
the proposed personnel the Contractor will be required to provide a replacement with
equivalent or better qualifications, abilities and relevant experience. The contractor shall

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Evaluation & Qualification Criteria

deploy staff at site to complete the work in time and following all the safety precaution at site
for execution of the work.

Required Period
S
Designation Nos from starting of Experiences
No
project
1 Engineer- 2 Full time Having experience of similar project minimum
In-Charge 10 year to handle the two or more sites of
similar projects as an engineer in charge and the
minimum qualification is graduation in civil
engineering from reputed institute of India or
aboard.
2 Quality 2 Full time Having experience of similar project minimum
Control/Saf 3-5 year of Quality Control the minimum
ety qualification is graduate in civil engineering
Engineer from reputed institute of India or aboard.
3 Billing 1 Full time Having experience of similar project minimum
engineer 5-8 year to handle the two or more sites of
similar projects and the minimum qualification
is graduate in civil engineering from reputed
institute of India or aboard.
4 Civil 4 Full time Having experience of similar project minimum
Supervisor 3-5 year to handle the two or more sites of
similar projects and the minimum qualification
is diploma in civil engineering from reputed
institute of India or aboard.
5 Computer 2 Full time Having experience of minimum 3-5 year of
operator computer job work the minimum qualification
is graduate/diploma in any streams from
reputed institute of India or aboard.
6 Office 2 Full time Well behaved with adequate qualification
attendants

6. Bid capacity:
Bidders who meet the minimum qualification criteria shall be qualified only if their available
bid capacity at the time of bidding is more than the total estimated cost of the works for
which bid is submitted. The available bid capacity shall be calculated as under:

Assessed Available Bid Capacity: (A*N*2 – B)

Where,

A= Maximum value of works executed in any one year during the last 10 years (updated to the
current price level) taking into account the completed as well as works in progress;

N = completion period of the Works for which the bid has been invited in number of years, and

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Evaluation & Qualification Criteria

B = Value at current price level of the existing commitments and ongoing works to be completed
during the next N years

S. No Financial year Weight age


1. 2019-20 1 .0 0
2. 2018-19 1 .0 0
3. 2017-18 1 .1 0
4. 2016-17 1 .2 1
5. 2015-16 1 .3 3
6. 2014-15 1 .4 6
7. 2013-14 1 .6 1
8. 2012-13 1 .7 7
9. 2011-12 1 .9 5
10. 2010-11 2 .1 4
11. 2009-10 2 .3 5

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bidding Forms

Section IV: Bidding Forms

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Bidding Forms

4.1 Technical Bid [With reference to Section III] Check List


The Technical Bid/ Proposal must necessarily contain scanned copies of all the filled-up
forms of Technical Bid along with attested copies of the relevant referred documents as
proof:

1. Letter of Technical Bid.

2. Details of Registration.

3. Power of Attorney/ Authority authorizing the person signing the Bid.

4. Enlistment details with address and contact details of the enlisting authority
(enclose copy of Enlistment Certificate of appropriate class).

5. Permanent Account Number (PAN) Card issued by Income Tax Department.

6. GST Registration Certificate by concerned Department

7. Generated receipt of online payment for cost of bid document, processing fee
and Bid Security (earnest money).

8. Audited Statements of Accounts for the past 5 Financial Years.

9. Declaration by the Bidder regarding Code of Integrity, Conflict of Interest,


Qualification and Eligibility.

10. Bid capacity statement.

11. Financial details (except the Financial Bid) of the Bidder, as requested.

12. Pending litigations details.

13. General construction and specific construction experience details.

Signature of Authorized Signatory

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Bidding Forms

4.2 Letter of Technical Bid

Technical Bid Submission Sheet

Date: _________ NIB No.: _____________


Alternative No., if permitted: ________

To: _______________________________________________________

We, the undersigned, declare that:

a) We have examined and have no reservations to the Bidding Document, including


Addenda No. ________________________________________________________
b) We declare that we fulfill the eligibility and qualification criteria in conformity with
the Bidding Document and offer to execute the following Works as per designs,
drawings, specifications, terms and conditions:
Name of Work: - Construction of 70 MLD WTP as an extension for existing 130
MLD WTP for ultimate design capacity of 200MLD WTP at Sakatpura and New
construction of 50 MLD WTP at Shreenathpuram including installation of VT
pumps at existing intakes & Pump houses and Construction of new CWR’s,
Pump houses and all related works along with PLC / SCADA for both WTP’s for
UWSS Kota, including Operation and maintenance for 10 years.
Our Bid shall be valid for a period of 90 days from the date fixed for the bid
submission deadline in accordance with the Bidding Document, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;
c) If our Bid is accepted, we commit to obtain a Performance Security in the amount of
10 % of the Contract Price, or get it deducted from our running and final bills, as the
case may be, for the due performance of the Contract;
d) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities of India or other eligible countries;
e) We are not participating, as Bidder, in more than one Bid for this Works in this
bidding process, other than alternative offers, if permitted, in the Bidding Document;
f) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for
any part of the Contract, have not been debarred by the State Government or the
Procuring Entity;
g) We understand that this Bid, together with your written acceptance thereof included
in your notification of award, shall constitute a binding contract between us, until a
formal Contract is prepared and executed;
h) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive;

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bidding Forms

i) We agree to permit Government of Rajasthan or the Procuring Entity or their


representatives to inspect our accounts and records and other documents relating to
the bid submission and to have them audited by auditors appointed by them;
j) We declare that we have complied with and shall continue to comply with the
provisions of the Code of Integrity including Conflict of Interest as specified for
Bidders in the Rajasthan Transparency in Public Procurement Act, 2012, the
Rajasthan Transparency in Public Procurement Rules, 2013 and this Bidding
Document during the procurement process and execution of the Works till completion
of all our obligations under the Contract;
k) Other comments, if any:

Name: ____________________________________________
In the capacity of: ________________________________________
Signed: ______________________
Date: ___________________
Duly authorized to sign the Bid for and on behalf of: __________________
Complete Address ______________________________________
Tel: ___________________ Fax: _________________
E-mail: _______________________

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bidding Forms

4.3.1. Bid Security (Bank Guarantee Unconditional)


4.3.2 Bid Securing Declaration
Form of Bid Securing Declaration

Date: [insert date (as day, month and year)]


Bid No.: [insert number of bidding process]
Alternative No, if permitted: [insert identification No if this is a Bid for an alternative]
To: Secretary, UIT Kota, Near CAD Circle Kota
We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-Securing


Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any
contract with you, Secretary, UIT Kota for the period of time of [insert number of months or
years, as required by the Procuring Entity] starting on [insert date], if we are in breach of
our obligation(s) under the bid conditions, more specifically, if we:

(a) withdraw or modify our Bid after deadline for submission of bids, during the period of
bid validity specified in the Bid Data Sheet (here in after “the BDS”); or
(b) Having been notified during the period of bid validity specified in the BDS, about the
acceptance of our Bid by you,
(i) Failure refuse to execute the Contract Agreement within the time specified in the BDS,
(ii) Fail or refuse to furnish the performance security, in accordance with the Instructions
to Bidders (here in after “the ITB”) within the time period specified in the BDS,
(c) Not accept the correction of arithmetical errors in accordance with the ITB; or
(d) Breach a provision of the Code of Integrity specified in the RTPP Act, RTPP Rules and
the ITB.
We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful
Bidder; or (ii) thirty days after the expiration of our Bid.

Signed: ____________________________________________________

[Insert signature of person whose name and capacity are shown]

Name: _____________________________________________________

[Insert complete name of person signing the Bid-Securing Declaration]

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Bidding Forms

In the capacity of: ___________________________________________

[Insert legal capacity of person signing the Bid-Securing Declaration]

Duly authorized to sign the bid for and on behalf of: __________________

[Insert complete name and address of the Bidder]

Dated on day of ,

[Insert date of signing]

Corporate Seal _______________________________

[Affix corporate seal of the bidder]

4.4.1 Personnel :-Deleted

4.4.2 Equipment :-Deleted

4.4.3 Site Organization :-Deleted

4.4.4 Method Statement :-Deleted

4.4.5 Mobilization Schedule:-Deleted

4.4.6 Construction Schedule:-Deleted

4.5 Bidder’s Qualification


To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Bidding Forms

4.5.1 Form ELI - 1: Bidder’s Information Sheet

BIDDER’S INFORMATION

Bidder’s legal name

Bidder’s country of constitution.

Bidder’s year of constitution

Bidder’s legal address in


country of constitution

Bidder’s authorized
representative (name, address,
telephone numbers, fax
numbers, e-mail address)

Signature of Authorized Signatory

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Bidding Forms

4.5.2 Form ELI – 2: JV Information Sheet:-Deleted


4.5.3 Form LIT 1- Pending Litigation
Each Bidder must fill in this form
(To be certified by the statutory auditors of the Bidder)

Pending Litigation

o No pending litigation in accordance with Section III (Evaluation and Qualification


Criteria).

o Pending litigation in accordance with Section III (Evaluation and Qualification


Criteria)

Year Matter in Dispute Value of Pending Value of


Claim in INR Pending Claim
as a Percentage
of Net Worth

Signature of the statutory auditors Signature of Authorized Signatory

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Bidding Forms

4.5.4 Form FIN - 1: Financial Situation


Each Bidder must fill in this form

(To be certified by the statutory auditors of the Bidder)

Financial Data for past …….. years in Rupees

Years / Year 1: Year 2 : Year 3: Year 4:

Items

Information from Balance Sheet in Rupees

Total Assets

Total Assets

Total Outside
Liabilities

Total Liabilities

Net Worth

Net Worth

Current Assets

Current Assets

Current Liabilities

Current Liabilities

Others as required

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Bidding Forms

Information from Profit & Loss Account/ Income & Expenditure Statement

Total Operating
Revenues/ Income

Profit/ Excess of
Income over
Expenditure before
Taxes

Profits After Taxes

Profit/ Excess of
Income over
Expenditure after
Taxes

Others as required

Attached are attested copies of audited financial statements (balance sheets including all related
notes, and Profit & Loss Account/ Income & Expenditure Statement) for the last ………. years, as
indicated above, complying with the following conditions:

● All such documents reflect the financial situation of the Bidder


● Historic financial statements must be audited by a chartered accountant.
● Historic financial statements must be complete, including all notes to the financial statements.
● Historic financial statements must correspond to accounting periods already completed and
audited. (No statements for partial periods shall be requested or accepted).

Signature of the statutory auditors Signature of Authorized Signatory

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Bidding Forms

4.5.5 Form FIN – 2: Average Annual Construction Turnover in Rupees


Each Bidder must fill in this form

(To be certified by the statutory auditors of the Bidder)

Annual Turnover Data for the last…………….years( Construction works only)

Year Amount-Rupees

Average Annual
Construction
Turnover

The information supplied should be the Annual Turnover of the Bidder in terms of the
amounts billed to clients for each year for work in progress or completed, at the end of the
period reported. To bring the earlier year’s amount to the last financial year’s level a
multiplier of 1.10 per year may be applied.

Signature of the statutory auditors Signature of Authorized Signatory

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Bidding Forms

4.5.6 Form FIN – 3: Financial Resources –: -Deleted


4.5.7 Form FIN- 4: Current Contract Commitments / Works in Progress
Bidders should provide information on their current commitments on all contracts that have
been awarded, or for which a letter of intent or acceptance has been received, or for contracts
approaching completion, but for which an unqualified, full completion certificate has yet to
be issued.

CURRENT CONTRACT COMMITMENTS

S. No. Name of Procuring Value of Estimated Average


Contract Entity’s Outstanding Completion Monthly
Contact work in Date Invoicing
Address, Tel., Rupees during Last 6
Mobile, Fax, e- months
mail id (Rupees per
month)

Signature of Authorized Signatory

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Bidding Forms

4.5.8 Calculation of Available Bid Capacity


Using the following formula the Bidder must calculate his available Bid Capacity:-

Assessed Available Bid Capacity: (A*N*2 – B)

Where

A= Maximum value of works executed in any one year during the last 10 years (updated to
the current price level) taking into account the completed as well as works in progress;

N = Number of years prescribed for completion of the works for which bids are invited, and

B = Value at current price level of the existing commitments and ongoing works to be
completed during the next 18Months (period of completion of the work for which bids have
been invited)

Signature of Authorized Signatory

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Bidding Forms

4.5.9 Form EXP – 1: General Construction Experience

Each Bidder must fill in this form

GENERAL CONSTRUCTION EXPERIENCE

Starting Ending Years Contract Identification and Name Role of Bidder


Month Month
Year Year Name and Address of Procuring
Entity

Brief Description of the Works


Executed by the Bidder

Signature of Authorized Signatory

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Bidding Forms

4.5.10 Form EXP – 2(a): Specific Construction Experience


Note: Please fill up one sheet per contract

CONTRACT OF SIMILAR SIZE AND NATURE

Contract No. . . . . . of………. Contract


Identification
.....

Award Date Completion Date

Role in Contract Contractor / Management Contractor / Subcontractor

Total Contract Amount INR

Procuring Entity’s Name, Address,


Telephone Number, Fax Number,
E-mail address

Description of Similarity in accordance with criteria 4(ii) (a), Section III

Similarity, size, nature complexity

[The Procuring Entity should


insert here contract size,
complexity, methods, technology
or other characteristics
as described in Section VI
(Procuring Entity ‘s
Requirements) against
which the Bidder demonstrates
similarity in the box on the
Right-hand-side.]

etc.

Signature of Authorized Signatory

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4.5.11 EXP - 2(b): Specific Construction Experience in Key activities:-Deleted


4.6 Sample format for evidence of access to or availability of credit facilities
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT
FACILITIES (to individual firms or each partner of a JV by his bank)

BANK CERTIFICATE

Name of the Bank with Branch address …………………………………

Date

This is to certify that M/s …………………………… is a reputed firm/ company with a


good financial standing.

If the contract for the work, namely …………………………………… is awarded to the


above firm, we shall be able to provide overdraft/ credit facilities to the extent of Rupees
………….. to meet their working capital requirements for executing the above contract
during the contract period.

Signature ____________________

Name _________________________________

In the capacity of ______________________________

Telephone No._____________ Fax No._____________ E-mail_____________

Seal of the Bank__________________________

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Bidding Forms

4.7 Declaration by the Bidder in compliance of Section 7 & 11 of the Act


Declaration by the Bidder

In relation to our Bid submitted to ………………………. [enter designation and address of


the procuring entity] for procurement of ………………………… [insert name of the Works]
in response to their Notice Inviting Bids No…………… Dated ………….. we hereby declare
under Section 7 and 11 of the Rajasthan Transparency in Public Procurement Act, 2012 and
Rules 2013 that:

1. We are eligible and possess the necessary professional, technical, financial and managerial
resources and competence required by the Bidding Document issued by the Procuring Entity;

2. We have fulfilled our obligation to pay such of the taxes payable to the Central
Government or the State Government or any local authority, as specified in the Bidding
Document;

3. We are not insolvent, in receivership, bankrupt or being wound up, not have our affairs
administered by a court or a judicial officer, not have our business activities suspended and
are not the subject of legal proceedings for any of the foregoing reasons;

4. We do not have, and our directors and officers not have, been convicted of any criminal
offence related to our professional conduct or the making of false statements or
misrepresentations as to our qualifications to enter into a procurement contract within a
period of three years preceding the commencement of this procurement process, or not have
been otherwise disqualified pursuant to debarment proceedings;

5. We do not have a conflict of interest as specified in the Rajasthan Transparency in Public


Procurement Act, the Rajasthan Transparency in Public Procurement Rules and this Bidding
Document, which materially affects fair competition;

6. We have complied and shall continue to comply with the Code of Integrity as specified in
the Rajasthan Transparency in Public Procurement Act, the Rajasthan Transparency in Public
Procurement Rules and this Bidding Document, till completion of all our obligations under
the Contract.

Date: Signature of Bidder


Place: Name:
Designation:
Address:

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Bidding Forms

4.8 Letter of Financial Bid


Financial Bid Submission Sheet

Date: _________ NIB No.: _____________


Alternative No., if permitted: ________
To: _______________________________________________________

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Document, including
Addenda No.:_________________________________________________________

(b) We offer to execute in conformity with the Bidding Document the following Works:
_____________________________________________________________

_______________________________________________________

(c) We understand that this Bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
Contract is prepared and executed.

(d) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive.

(e) Other comments, if any:

Name: ____________________________________________
In the capacity of: ________________________________________
Signed: ___________________________________________________
Duly authorized to sign the Bid for and on behalf of:___ __________
Complete Address ______________________________________
Date: ___________________
Tel: ____________ Fax: ___________ E-mail: _______________

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4. 9Bill of Quantities
1. The Bill of Quantities (BOQ) shall be read in conjunction with the Conditions of
Contract (General and Special), Technical Specifications (including BIS, IRC,
CPHEEO Manual for water Supply, PHED guidelines), design and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding, The basis of payment will be the actual
quantities of work ordered and carried out by the Contractor and as measured and
verified by the Engineer- in-charge and valued at the rates and prices tendered in the
priced Bill of Quantities, where applicable, and otherwise at such rates and prices as
the Engineer-in-charge may fix within the terms of the Contract.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as
it is otherwise provided under the Contract, include all constructional plant, labour,
supervision, materials, machinery & equipment, T&P, quality assurance, erection,
defect liability, maintenance (if included in the Contract), insurance, profit, taxes and
duties, together with all general risks, liabilities and obligations set out or implied in
the Contract.
4. The rates and prices shall be quoted in the units indicated and entirely in Indian
Rupees.
5. The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, including miscellaneous items
involved in the concerned item, and items not mentioned in the BOQ but required to
be executed will be considered as Extra items.
6. General directions and descriptions of works and materials are not necessarily
repeated or summarized in the Bill of Quantities. References to the relevant sections
of the contract documentation shall be made before entering rates or prices against
each item in the Bill of Quantities. The execution of various items shall be in full
conformance to the relevant specifications and codes, drawings and designs as
confirmed through sampling and testing and the third-party quality inspection as per
ISO 17020.
7. The method of measurement of completed work for payment shall be in accordance
with IS 1200.

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Bill of Quantities: ………………………………….. (Name/location/type of work)

A-Works Items

A.1 For Item rate Contract

S. Description of Quantity Unit Unit Rate in Amount-Rs(in


No item (with figures)
reference to Figures Words
Clause No. of the
BIS / IRC Code /
BSR / Book of
Specifications /
others)

NA

Total Rupees…………………… (in figures and words)

A.2 For Percentage Rate Contract


S. Reference Description of Quantity Unit Unit Amount
No to BSR item ( with Rate
item. reference to (Rupees)
the
specifications/
sanctioned
estimate)

We quote (in figures and words) in BOQ.xls file (online only)% above/ below the
prices of Bill of Quantities.

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Notes:

1. In Item Rate contracts, the item for which no rate or price has been entered in, shall not be
paid for by the Procuring Entity when executed and shall be deemed covered by the rates and
prices of other items in the Bill of Quantities.
2. Unit rates and prices shall be quoted by the bidder in Indian Rupees.
3. Where there is a discrepancy between the rate in figures and words, the rates in words shall
govern

A3: For Lump Sum Contracts


We agree to execute the complete Works with all its contingencies in accordance with the
drawings and specifications for a fixed sum of Rupees …NA………. (in figures)
………NA………. (in words).
We further agree that in order to regulate the amount to be added to or deducted from this
fixed sum on account of additions and alterations not covered by this Contract, the Schedule
of Rates applied by you shall be …NA…..[The Procuring Entity shall specify the Schedule of
Rates].
We further agree that payments in respect of the Works executed by us under this Contract
shall be released by you as percentages of the fixed sum quoted by us at the stages of
completion of the Works as per the following Schedule (Activity Schedule):-
1.
2. NA
3.
…………………………….
[The Procuring Entity shall specify the Schedule of stages of completion of the works
(Activity Schedule) at which payments shall be released as percentages of the fixed sum]

[The Procuring Entity shall specify the Schedule of stages of completion of the Works
(Activity Schedule) at which payments shall be released as percentages of the fixed sum]

B. Day work schedules


1. Labour: wages and output.
2. Materials: rates at site.
3. Contractor’s Equipment: per day/ per hour including POL and operators

C. Provisional Sums/ Lump Sums


[These will be added to the Bill of Quantities, when required]

Bidder’s Signature with seal of the firm

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Procuring Entity's Requirements

Section V -
Procuring Entity’s Requirements

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Procuring Entity's Requirements

This Section contains the Specifications, the Drawings, and supplementary information that
describe the Works to be procured and Quality Assurance Plan for the executed Works.
Following guidelines are given for preparing Procuring Entity’s requirements

5.1 Specifications
1. Precise and clear Specifications or specific clause references to standard
specifications, are a prerequisite for bidders to respond realistically and
competitively to the requirements of the Procuring Entity without qualifying or
conditioning their bids. To attract the widest possible competition and, at the same
time, present a clear statement of the required standards of materials, Plant, other
supplies, and workmanship be provided in the Specifications. If this is done, the
objectives of economy, efficiency, and equality in procurement will be realized,
responsiveness of bids will be ensured, and the subsequent task of bid evaluation
will be facilitated. The Specifications should require that all materials, Plant, and
other supplies to be incorporated in the Works are pretested and approved. A clause
setting out the scope of the Works is often included at the beginning of the
Specifications, and it is customary to give a list of the Drawings. Where the
Contractor is responsible for the design of any part of the Permanent Works, the
extent of his obligations must be stated in Contractor's General Obligations.
2. In more complex cases, a “turnkey” or “design-and-construct” approach may be
more appropriate, in which cases a two-stage bidding process is recommended .
3. The General Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in construction, although not necessarily to be used
in a particular Works contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.
4. The surveys, investigations, designs, drawings and other details provided by the
Procuring Entity shall be verified and confirmed by the Contractor to his entire
satisfaction. The Contractor shall hold the Procuring Entity indemnified against
possible errors in execution on account of the data and details provided by the
Procuring Entity.

5.2 Drawings
i. It is customary to bind the drawings in a separate volume, which is often larger than
other volumes of the Contract documents. The size will be dictated by the scale of
the drawings, which must not be reduced to the extent that details are rendered
illegible.

ii. A simplified map showing north, the location of the Site in relation to the local
geography, including major roads, airports, and railroads, is helpful.

iii. The construction drawings, even if not fully developed, must show sufficient details
to enable bidders to understand the type and complexity of the work involved and

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to price the Bill of Quantities.

5.3 Supplementary Information


The Bidder having visited and inspected the Site before the submission of his Bid, shall
detail any supplementary information gathered by him from the Site about the positive or
negative impacts of the site conditions, air or water. He may also indicate if any adverse
impact of the site conditions has bearing (including extent thereof) on the rates bid by him.
Likewise, if the Procuring Entity acquires any supplementary information to support the
execution of the project, he shall share it with all the Bidders.

5.4 Quality Assurance Plan


The Procuring Entity shall specify here the three tier quality assurance requirements for the
Works to be executed The bidder shall enclose his quality assurance plan, stating the
methodology/ responsibility for sampling, testing/ confirmatory testing, testing
frequencies, statistical quality controls, observation/ report formats, acceptance criteria,
issue and resolution of Non Conformance Reports etc.

5.5 Procuring Entity’s General Requirements


The Procuring Entity requires that:

1. The Contractor shall critically examine, confirm all geo-tech investigations, levels,
findings and evaluate the designs, drawings, details and BOQ/ Activity Schedule
documents provided by the Procuring Entity and specifically point out
modifications, if any, required to these documents. Such modifications should not
dilute the specifications or durability of the structures.

2. Pretest and confirm/ seek approval from the Procuring Entity of all input materials.
Suggest any suitable local materials along with its test data for use in the Works
through value engineering. Any non-conformance or failure of the Works on
account of use of such materials shall be the responsibility of the Contractor.

3. Ensure use of specified and approved materials, specified procedures, proper


equipment and the specified output to ensure proper quality and durability of
Works.

4. Prepare a detailed quality assurance plan for execution on a three tier platform with
the help of a field laboratory established at his cost. Keep all BIS, IRC,CPHEEO
Manuals, PHED Guidelines and other required codes/ specifications available in the
field laboratory for use. This plan should be complied with in totality.

5. Pre-empt any possibility of force majeure conditions along with proper


coordination with the Procuring Entity.

6. Minimize the variations and extensions in the time for completion.

7. Protect the Environment at the Site.

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8. Labour Laws to be followed as per existing norms Child Labour strictly prohibited

9. Promote a congenial working atmosphere at the Site.

10. Employ the team of engineers as specified in the Contract, skilled and other labour
in planned manner.

11. Comply to the instructions of the Engineer-in Charge and the Third Party Quality
Inspection Agency, if any, with regard to quality and durability of the Works.

12. Serve faithfully the defect liability and the maintenance period, if any.

13. On completion of the Works, prepare the as built drawings and designs for
submission to Engineer-in-Charge.

14. Others, as required.

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General Conditions of Contract

Section VI -A:
General Conditions of Contract

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General Conditions of Contract

(“Copy of appendix XI of PWF&AR, Govt. of Rajasthan effective from 01.07.99 and


subsequent addendum dated 19.03.2001 & 29.03.2001 and other amendments up to date. In
case of any typographical error or omission or alteration the original version of the same
shall be valid.”)

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR


1. All works, proposed for execution by contract, will be notified in a form of Invitation to
tender pasted on public places and on a board hung up in the office and signed by the Chief
Engineer or other duly Authorized Engineer.
The form of invitation to tender will state the work to be carried out, as well as the date for
submitting and opening of tenders, and the time allowed for carrying out the work; also the
amount of Earnest Money to be deposited with the tender, and the amount of the Security
Deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted
from bills. Copies of the specifications, Designs and drawings and estimated rates/Scheduled
rates and any other documents required in connection with the work signed for the purpose of
identification by the Executive Engineer, shall also be open for inspection by the contractor at
the office of the Chief Engineer or other duly authorized Engineer during office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each
partner, thereof, or in the event of the absence of any partner, it must the signed on his behalf,
by a person holding a power of attorney, authorizing him to do so. Such power of Attorney
will be submitted with the tender and it must disclose that the firm is duly registered under
Indian Partnership Act, by submitting the copy of registration certificate.

3. Receipts for payments, made on account of a work when executed, by a firm must also be
signed by the several partners, except where the contractors are described in their tender as a
firm, in which case the receipts must be signed in the name of the firm by one of the partners
or by some other person having authority to give effectual receipts for the firm.

4. Any person, who submits percentage rate tender, shall fill up the usual printed form stating at
how much percent, above or below the rates specified in scheduled G, he is willing to
undertake the work. Only one rate of percentage more or less on all the estimated rates/
Scheduled rates shall be mentioned. Tenders, which propose any alteration in the work
specified in the said form of invitation to tender, or in the time allowed for carrying out the
work, or which contain any other conditions of any sort, will be liable to rejection. No single
tender shall include more than one work, but contractors who wish to tender for two or more
works shall submit a separate tender for each work. Tenders shall have the name and number
of the work, to which they refer, written outside the envelope.

5. The Chief Engineer or other duly authorized Engineer will open the tenders in the presence of
any tendering contractor(s) or their authorized representatives who may be present at the
time, and will announce and enter the rates/amounts of all tenders in the register of Opening
of tenders, (Form RPWA 20A). In the event of the tender being accepted, a receipt for the
Earnest Money deposited shall be given to the contractor, who shall sign copies of the
specifications and other documents mentioned in Rule 1. In the event of a tender being
rejected, the earnest money forwarded with such unaccepted tenders shall, be returned to the
Contractor making the same.

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6. The Chief Engineer or other duly authorized Engineer shall have the right of rejecting all or
any of the tender without assigning any reason

7. The receipt of an Accountant, Cashier or any other official, not authorized to receive such
amount, will not be considered as an acknowledgement of payment to the Chief Engineer or
other duly authorized Engineer

8. The memorandum of work tendered for, the memorandum of materials and of Tools and
Plants to be supplied by the Department and their rates, shall be filled in and completed in the
office of the Chief Engineer or duly authorized Engineer before the tender form is issued.
9. If it is found that the tender is not submitted in proper manner, or contains too many
corrections and or unreasonable rates or amounts, it would be open for the Engineer-in-
charge not to consider the tender, forfeit the amount of earnest money and/or delist the
contractor. The tenderer shall sign a declaration under the Official Secrets Act for
maintaining secrecy of the tender document, drawings or other records connected with the
work given to him in form given below. The unsuccessful tenderer shall returned all the
drawings given to them.

10. Declarations
“I/We hereby declare that I/We shall treat the tender documents, drawings and other records,
connected with the work, as secret confidential documents, and shall not communicate
information derived therefrom to any person other than a person to whom I/We am/are
authorized to communicate the same or use the information in any manner prejudicial to the
safety of the same.”

11. Any percentage rate tender containing item-wise rates, and any item rate tender containing
percentage rate below or above estimated/scheduled rates, will be summarily rejected.
However, if a tenderer voluntarily offers a rebate for payment within a stipulated period, this
may be considered.

12. On acceptance of the tender, the name of the accredited representative(s) of the Contractor
(with a photograph and signature attested), who would be responsible for taking instructions
from the Engineer in charge, shall be communicated to the Engineer-in-charge.

13. GST will be paid by the Bidder as per clause 9 of section VI-B SCC and quoted price
shall be inclusive of GST. Deduction of Income Tax at source will be made as per
provisions of the Income Tax Act, in force from time to time.

14. The tender to work shall not be witnessed by a Contractor or Contractors who
himself/themselves has/have tendered or who may and has/have tendered for the same
work. Failure to observe the secrecy of the tenders will render tenders of the
contractors, tendering as well as witnessing the tender, liable to summary rejection.

15. If on check, there are discrepancies, the following procedure shall be followed:-
(i) Where there is a difference between the rates in figures and words, lower of
the two rates shall be taken as valid and correct rate.
(ii) When the rate quoted by the contractor in figures and in words tallies, but the

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General Conditions of Contract

amount is not worked out correctly, the rate quoted by the contractor shall be
taken as correct and not the amount worked out.
(iii) While quoting rates, if rate/rates against any item or items are found to be
omitted, the rate given in the Schedule „G‟ by the department for such items
will be taken into account while preparing comparative statement and
contractor shall be bound to execute such item on G-Schedule rates.
(iv) In case where percentage is given but the above or below not scored, the tender
will be non-responsive.

16. The Contractor shall comply with the provisions of the Apprenticeship Act, 1961, and
the rules and orders issued, thereunder, from time to time. If he fails to do so, his
failure will be breach of the contract and the original sanctioning authority in his
discretion may cancel the contract. The Contractor shall also be liable for any
pecuniary liability arising on account of violations by him of the provisions of the
Act.

17. The Contractor shall read the specifications and study the working drawings carefully
before submitting the tender.

18. The site for execution of the work will be made available as soon as the work is
awarded. In case, it is not possible for the Department to make the entire site
available on the award of the work, the Contractor shall arrange his working
programme accordingly. No claim, whatsoever, for not giving the site in full on
award of the work or for giving the site gradually in parts will be tenable. The
contractor may satisfy himself regarding site, acquisition of land, approach roads etc.

19. The tender documents show already the specific terms and conditions on which
tenders are required by the Government. Hence, all tenders should be in strict
conformity with the tender documents and should be fulfilled in, wherever necessary,
and initialed. Incomplete tenders are liable to be rejected. The terms and conditions of
the tender documents are firm, as such conditional tenders are liable to be rejected.

20. The tenderer, while submitting tender, must provide adequate information regarding
his financial, technical and organizational capacity and working experience to execute
the work of the nature and magnitude.

21. The Chief Engineer or other duly authorized Engineer reserves the right to ask for
submission of samples as in respect of materials for which the tenderer has quoted his
rates before the tender can be considered for acceptance. If the tenderer, who is called
upon to do so, does not submit within seven days of written order to do so, the
Engineer-in-charge shall be at liberty to forfeit the said earnest money absolutely.

22. The Contractor shall submit the list of the works, which are in hand (progress), in the
following form:-

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General Conditions of Contract

Name of Name and particular of Amount Position of Remarks


work the Sub-Division / of work works in
Division, where work is progress
being executed
1 2 3 4 5

23. The Contractor should quote his rates only in one language i.e. either in Hindi or
English. Rates should be quoted in figures as well as in words. In case a Contractor
has quoted rates in both the languages, and the rates so quoted differ, then the lower
of the two shall be treated as the rate quoted by the Contractor.

24. All additions, deletions, corrections and overwriting, must be serially numbered and
attested by the Contractor at every page, so also by the officer opening the tenders, so
as to make further disputes impossible on this score.

25. After acceptance of the tender, the Contractor or all partners (in the case of
partnership firm), will append photographs and signatures duly attested, at the time of
execution of Agreement.

26. If any contractor, who having submitted a tender does not execute the agreement or
start the work or does not complete the work and the work has to be put to
retendering, he shall stand debarred from participating in such retendering in addition
to forfeiture of Earnest Money/Security Deposit and other action under agreement.

27. The tender documents shall be issued to those contractors only having valid
enlistment as on the date of issue of documents.

28. (a) If a tenderer reduces the rates voluntarily after opening of the tenders/negotiations,
his offer shall stand cancelled automatically, his earnest money shall be forfeited and
action for debarring him from business shall be taken as per enlistment rules.

b) If a non-tenderer offers lower rates after opening of tenders, action for debarring
him from business shall be taken as per enlistment rules.

29. Contractors shall submit only unconditional tenders. Conditional tenders are liable to
be rejected summarily.

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General Conditions of Contract

(“Copy of appendix XI of PWF&AR, Govt. of Rajasthan effective from 01.07.99 and


subsequent addendum upto date. In case of any typographical error or omission or alteration
the original version of the same shall be valid.”)

Clause 1: Security Deposit


“The security deposit @ 10% of the gross amount of the running bill shall be deducted from
each running bill and shall be refunded as per rules on completion of the contract as per
terms and conditions. The earnest money deposited shall however be adjusted while
deducting security deposit from the first running bill of the contractor. There will be no
maximum limit of security deposit.

A contractor may, however, elect to furnish bank guarantee or any acceptable form of
security for an amount equal to the full amount of security deposit @ 10% of the work order
before or at the time of executing the agreement. In that case earnest money may be refunded
only after furnishing of the bank guarantee as above. During the execution of the work or
after completion of the work also a contractor may replace the security deposit by furnishing
bank guarantee for an equal amount. However, during execution of the work if cost of work
exceeds as shown at the time of furnishing bank guarantee, balance security deposit shall be
deducted from the Running Account Bills."

If the contractor during the course of execution of the work or after completion of the work
desires to replace the security deposit paid in cash or deducted from running bills by bank
guarantee, he may be allowed to furnish a bank guarantee in the prescribed form for the
required amount and period and after accepting of such bank guarantee the amount of such
security deposit earlier deposited/deducted may be refunded.

All compensation or other sums of money payable by the Contractor to Government under
the terms of his contract may be deducted from or paid by the sale of a sufficient part of his
Security Deposit, or from interest arising therefrom, or from any sums, which may be due or
may become due to the Contractor by the Government on any account whatsoever, and in the
event of his Security Deposit being reduced by reason of any such deduction or sale as
aforesaid, the Contractor shall within ten days thereafter, make good in cash or Bank
Guarantee of Nationalised/Scheduled bank, as aforesaid, any sum or sums which may have
been deducted from or raised by sale of his Security Deposit or any part thereof.

In case of Bank Guarantee of any Nationalised/Scheduled Bank is furnished by the


Contractor to the Government, as part of the Security Deposit and the bank goes into
liquidation or, for any reason is unable to make payment against the said Bank Guarantee, the
loss caused thereby shall fall on the Contractor and the Contractor shall forthwith, on
demand, furnish additional security to the Government to make good the deficit.

The liability or obligation of the bank under the Guarantee Bond shall not be affected or
suspended by any dispute between the Engineer-in-Charge and the Contractor, and the
payment, under the Guarantee Bond by the bank to the Government shall not wait till
disputes are decided. The bank shall pay the amount under the Guarantee, without any
demur, merely on a demand from the Government stating that the amount claimed is required

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to meet the recoveries due or likely to be due from the Contractor. The demand, so made,
shall be conclusive as regards to amount due and payable by the bank, under the guarantee
limited to the amount specified in the Guarantee Bond. The guarantee will not be discharged
due to the change in the constitution of the Bank or the Contractor.

The Bank Guarantee shall remain valid upto the specified date unless extended on demand by
the Engineer-in-Charge which shall include the period of completion of the contract and the
defect removal period as per terms of the Agreement. Bank’s liability shall stand
automatically discharged unless a claim in writing is lodged with the Bank within the period
stated in the Bank Guarantee including the extended period. After satisfactory completion of
the contract and clearance of all dues by the Contractor, the Chief Engineer or duly
authorised Engineer will discharge the Bank Guarantee after expiry of the original or the
extended period, as the case may be. In case the date of expiry of the Bank Guarantee is a
holiday, it will be deemed to expire on the close of the next working day.

Government is not concerned with any interest accruing to the Contractor on any form of
Security (primary or collateral) lodged by him with the bank or any sums payable to sureties
obtained by the Bank as counter guarantee to secure its own position. These will be the
matters between the Bank and the Contractor.

Clause 2: Compensation for delay


The time allowed for carrying out the work as entered in the tender, shall be strictly observed
by the Contractor and shall be reckoned from the 10th day after the date of written order to
commence the work is given to the Contractor. If the Contractor does not commence the
work within the period specified in the work order, he shall stand liable for the forfeiture of
the amount of Earnest Money and Security Deposit. Besides, appropriate action may be taken
by the Engineer-in-Charge/competent authority to debar him from taking part in future
tenders for a specified period or black list him. The work shall, throughout the stipulated
period of completion of the contract, be proceeded with all due diligence, time being essence
of the contract, on the part of the Contractor. To ensure good progress during the execution
of work, the contractor shall be bound, in all cases in which the time allowed for any work
exceeds one month (save for special jobs), to complete 1/8th of the whole of the work before
1/4th of the whole time allowed under the contract has elapsed, 3/8th of the work before ½ of
such time has elapsed and 3/4th of work before 3/4th of such time has elapsed. If the
contractor fails to complete the work in accordance with this time schedule in terms of cost in
money, and the delay in execution of work is attributable to the contractor, the contractor
shall be liable to pay compensation to the Government at every time span as below:-

A. Time Span of full 1/4th 1/2th 3/4th Full


stipulated period
th
B. 1/8 3/8th 3/4th Full
Work to be completed in
terms of money (Rs ............ ) (Rs ........... ) (Rs ............ ) (Rs ............ )
C. Compensation (i) 2.5% of scheduled work remain unexecuted on the last
payable by the day of (1/4) time span.
contractor for delay (ii) 5% of scheduled work remain unexecuted on the last day

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attributable to the of (1/2) time span.


contractor at the stage (iii) 7.5% of scheduled work remain unexecuted on the last
of : day of (3/4) span.
(iv) 10% of scheduled work remain unexecuted on the last day of
contracted full period.
Note: In case delayed period over a particular span is split up and is jointly attributable to
Government and contractor, the competent authority may reduce the compensation in
proportion of delay attributable to Government over entire delayed period over that span
after clubbing up the split delays attributable to Government and this reduced compensation
would be applicable over the entire delayed period without paying any escalation.
Following illustrations is given: -
(i) First time span is 6 months; delay is of 30 days which is split over as under: -
5 days (attributable to Government) + 5 days (attributable to contractor) + 5 days
(attributable to Government) + 5 days (attributable to contractor) + 5 days (attributable to
Government) + 5 days (attributable to contractor)
Total delay is thus clubbed to 15 days (attributable to Government) and 15 days
(attributable to contractor).
The normal compensation of 30 days as per clause 2 of agreement is 2.5%, which can be
reduced as 2.5*15/30-1.25% over 30 days without any escalation by competent authority.
Note: The compensation, levied as above, shall be recoverable from the Running Account
Bill to be paid immediately after the concerned time span. Total compensation for delays
shall not exceed 10 percent of the total value of the work.

The contractor shall, further, be bound to carry out the work in accordance with the date and
quantity entered in the progress statement attached to the tender.

In case the delay in execution of work is attributable to the contractor, the span wise
compensation, as laid down in this clause shall be mandatory. However, in case the slow
progress in onetime span is covered up within original stipulated period, then the amount of
such compensation levied earlier shall be refunded. The Price escalation, if any, admissible
under clause 45 of Conditions of Contract would be admissible only on such rates and cost of
work, as would be admissible if work would have been carried out in that particular time
span. The Engineer-in-Charge shall review the progress achieved in every time span, and
grant stage wise extension in case of slow progress with compensation, if the delay is
attributable to contractor, otherwise without compensation.

However, if for any special job, a time schedule has been submitted by the Contractor before
execution of the agreement, and it is entered in agreement as well as same has been accepted
by the Engineer-in-charge, the Contractor shall complete the work within said time schedule.
In the event of the Contractor failing to comply with this condition, he shall be liable to pay
compensation as prescribed in forgoing paragraph of this clause provided that the entire
amount of compensation to be levied under the provisions of this Clause shall not exceed
10% of the value of the contract. While granting extension in time attributable to the
Government, reasons shall be recorded for each delay.

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Clause 3: Risk & Cost Clause


The Engineer-in-charge or the Competent Authority defined under rules may, without
prejudice to his rights against the Contractor, in respect of any delay or inferior workmanship
or otherwise, or any claims for damages in respect of any breaches of the contract and
without prejudice to any rights or remedies under any of the provisions of this Contract or
otherwise, and whether the date for completion has or has not elapsed, by notice in writing,
absolutely determine the Contract in any of the following cases:

(i) If the Contractor having been given by the Engineer-in-charge, a notice in writing to
rectify, reconstruct or replace any defective work or that the work is being performed
in any inefficient or otherwise improper or un- workman like manner shall omit to
comply with the requirements of such notice for a period of seven days, thereafter, or
if the Contractor shall delay or suspend the execution of the work so that either in the
judgment of the Engineer-in-charge (which shall be final and binding) he will be
unable to secure completion of the work by the date for completion or he has already
failed to complete the work by that date,
(ii) If the Contractor, being a company, shall pass a resolution or the court shall make an
order that the company shall be wound up or if a receiver or a manager, on behalf of a
creditor, shall be appointed or if circumstances shall arise, which entitle the court or
creditor to appoint a receiver or a manager or which entitle the court to make a
winding up order,
(iii) If the contractor commits breach of any of the terms and conditions of this Contract,
(iv) If the contractor commits any acts mentioned in, clause 19 thereof. When the
Contractor has made himself liable for action under any of the cases aforesaid, the
Engineer-in charge on behalf of the Governor of Rajasthan shall have powers: -
(a) To determine or rescind the contract, as aforesaid (of which determination or
rescission notice in writing to the Contractor under the hand of the Engineer-in charge
shall be conclusive evidence), upon such determination or rescission, the earnest
money, full security deposit of the contract shall be liable to be forfeited and shall be
absolutely at the disposal of Government.
(b) To employ labour paid by the Department and to supply materials to carry out the
work or any part of the work, debiting the Contractor with the cost of the labour and
the price of the materials (of the amount of which cost and price certified by the
Engineer-in-charge shall be final and conclusive against the contractor) and crediting
him with the value of the work done in all respects in the same manner and at the same
rates, as if it had been carried out by the Contractor under the terms of this Contract.
The certificate of the Divisional Officer, as to the value of the work done, shall be
final and conclusive evidence against the Contractor provided always that action under
the sub-clause shall only be taken after giving notice in writing to the Contractor.
Provided also that; if the expenses incurred by the Department are less than the
amount payable to the Contractor at his agreement rates, the difference shall not be
paid to the Contractor.
(c) After giving notice to the contractor to measure up the work of the contractor and to

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take such part thereof, as shall be unexecuted out of his hands, and to give it to another
contractor to complete, in which case any expenses which may be incurred in excess
of the sum which would have been paid to the original contractor, if the whole work
had been executed by him (of the amount of which excess, the certificate in writing of
the Engineer-in-charge shall be final and conclusive) shall be borne and paid by the
original Contractor and may be deducted from any money due to him by Government
under this contract or on any other account whatsoever, or from his Earnest Money,
Security Deposit, Enlistment Security or the proceeds of sales thereof, or a sufficient
part thereof, as the case may be. In the event of any one or more of the above courses
being adopted by the Engineer-in-charge, the Contractor shall have no claim to
compensation for any loss sustained by him by reason of his having purchased or
procured any materials or entered into any engagements or made any advances on
account or with a view to the execution of the work or the performance of contract.
And, in case action is taken under any of provisions aforesaid, the Contractor shall not
be entitled to recover or be paid, any sum for any work thereof or actually performed
under this contract unless and until the Engineer-in-charge has certified, in writing, the
performance of such work and the value payable in respect thereof, and he shall only
be entitled to be paid the value so certified.

Clause 4: Contractor remains liable to pay compensation, if action not taken under
clause 3
(i) In any case in which any of the powers conferred by clause 3 hereof, shall have become
exercisable and the same shall have not been exercised, the non-exercise, thereof, shall
not constitute waiver of any of the conditions hereof, and such power shall, not
withstanding, be exercisable in the event of any future case of default by the Contractor
for which, by any clause or clauses hereof, he is declared liable to pay compensation
amounting to the whole of his Security Deposit /Earnest Money/Enlistment security and
the liability of the Contractor for past and future compensation shall remain unaffected.
Powers to take possession of, or require removal, sale of Contractor’s plant
(ii) In the event of the Engineer-in-Charge putting in force, powers vested in him under the
preceding Clause 3 he may, if he so desires, take possession of all or any tools, plants,
materials and stores, in or upon the works or the site, thereof or belonging to the
contractor or procured by him and intended to be used for the execution of the work or
any part thereof, paying or allowing for the same in account, at the contract rates or, in
case of these not being applicable, at current market rates, to be certified by the Chief
Engineer or duly authorized Engineer (whose certificate thereof, shall be final and
conclusive), otherwise the Engineer-in-Charge may, by notice in writing to the
contractor or his clerk of the works, foreman or other authorized agent, require him to
remove such tools, plant, materials or stores from the premises (within a time to be
specified in such notice), and in the event of the contractor failing to comply with any
requisition, the Chief Engineer or other duly authorized Engineer may remove them at
the contractor’s expenses, sell them by auction or private sale on account of the
Contractor and at his risk in all respects, and the certificate of the Chief Engineer or
other duly authorized Engineer, as to the expense of any such removal, and the amount

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of the proceeds and expense of any such sale shall be final and conclusive against the
Contractor.

Clause 5: Extension of time


If the contractor shall desire an extension of the time for completion of the work on the
ground of his having been unavoidably hindered in its execution or on any other grounds, he
shall apply, in writing, to the Engineer-in-Charge within 30 days of the date of the hindrance,
on account of which he desires such extension as aforesaid, and the Authority Competent to
grant extension under the rules/delegations of power or other duly authorized Engineer shall,
if in his opinion, (which shall be final) reasonable grounds be shown therefore, authorise
such extension of time, if any, as may, in his opinion, be necessary or proper, if the period of
completion of contract expires before the expiry of the period of one month provided in this
clause, the application for extension shall be made before the expiry of the period stipulated
for completion of the contract. The competent authority shall grant such extension at each
such occasion within a period of 30 days of receipt of application from contractor and shall
not wait for finality of work. Such extensions shall be granted in accordance with provisions
under clause (2) of this agreement.

Clause 5 A: Monthly Return of Extra Claims


Contractor has to submit a return every month for any work claimed as extra. The Contractor
shall deliver the return in the office of the Executive Engineer and obtain Receipt Number of
the Receipt Register of the day on or before 10th day of every month during the continuance
of the work covered by this contract, a return showing details of any work claimed as extra
by the contractor which value shall be based upon the rates and prices mentioned in the
contract or in the Schedule of Rates in force in the District for the time being. The contractor
shall be deemed to have waived all claims, not included in such return, and will have no right
to enforce any such claims not included, whatsoever be the circumstances.

Clause 6: Final Certificate


On completion of the work, the contractor shall send a registered notice to the Engineer-in-
charge, giving the date of completion and sending a copy of it to the officer accepting the
contract, on behalf of the Governor and shall request the Engineer-in-charge to give him a
certificate of completion, but no such certificate shall be given nor shall the work be
considered to be complete until the contractor shall have removed from the site on which the
work shall be executed, all scaffolding, surplus materials and rubbish and cleared off the dirt
from all wood work, doors, walls, floors, or other parts of any building in, upon or about
which the work is to be executed or of which he may have possession for the execution
thereof, he had filled up the pits. If the contractor shall fail to comply with the requirements
of this Clause as to removal of scaffolding, surplus materials and rubbish and cleaning off
dirt and filling of pits on or before the date fixed for completion of the work, the Engineer-in-
charge may, at the expense of the contractor, remove such scaffolding, surplus materials, and
the rubbish anddisposeofthesame,ashethinksfit,andcleanoffsuchdirtandfillthepits,as aforesaid,
and the contractor shall forthwith pay the amount of all expenses, so incurred, and shall have
no claim in respect of any such scaffolding or surplus materials, as aforesaid, except for any

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sum actually realised by the sale thereof. On completion, the work shall be measured by the
Engineer-in-charge himself or through his subordinates, whose measurements shall be
binding and conclusive against the contractor. Provided that, if subsequent to the taking of
measurements by the subordinate, as aforesaid, the Engineer-in-charge had reason to believe
that the measurements taken by his subordinates are not correct, the Engineer-in-charge shall
have the power to cancel the measurements already taken by his subordinates and
acknowledged by the Contractor and to take measurements again, after giving reasonable
notice to the Contractor, and such re-measurements shall be binding on the Contractor.

Within thirty days of the receipt of the notice, Engineer-in-charge shall inspect the work and
if there is no visible defect on the face of the work, shall give the Contractor, a certificate of
completion. If the Engineer-in-charge finds that the work has been fully completed, it shall
be mentioned in the certificate so granted. If, on the other hand, it is found that there are
certain visible defects to be removed, the certificate to be granted by Engineer-in-charge shall
specifically mention the details of the visible defects along with the estimate of the cost for
removing these defects. The final certificate of work shall be given after the visible defects
pointed out as above have been removed.

Clause 7: Payment on Intermediate Certificate to be regarded as advance


No payments shall be made for works estimated to cost less than rupees twenty five
thousand, till after the whole of the works shall have been completed and a certificate of
completion given. But in the case of works estimated to cost more than rupees twenty five
thousand, the Contractor shall on submitting the bill therefore, be entitled to receive a
monthly payment proportionate to the part, thereof, then approved and passed by the
Engineer-in-charge, whose certificate of such approval and passing of sum, so payable, shall
be final and conclusive. Running Account Bill shall be paid within 15 days from
presentation. But all such intermediate payments shall be regarded as payments by way of
advance against the final payment only and not as payments for work actually done and
completed, and shall not preclude the requiring of bad, unsound and imperfect or unskilful
work to be removed and taken away and re-constructed or re-erected, or considered as an
admission of the due performance of the contract, or any part thereof, in any respect, or the
accruing of any claim, nor shall it conclude, determine, or effect in any way the powers of the
Engineer-in-charge under these conditions or any of them to the final settlement and
adjustment of the accounts or otherwise or in any other way vary or affect the contract. The
final bill shall be made/submitted by the Contractor within one month of the date fixed for
completion of the work, otherwise the Engineer-in-charge’s certificate of the measurement
and of the total amount payable for the work accordingly shall be final and binding on all b
parties.

Clause 7A: Time Limit for Payments of Final Bills


The final bill shall be paid within 3 months on presentation by the contractor after issuance of
final completion certificate in accordance with clause 6 of the conditions of contract. If, there
shall be any dispute about any item(s) of the work, then the undisputed item(s) only, shall be
paid within the said period of 3 months. If a final bill (which contains no disputed item or
disputed amount of any item) is not paid within the period of three months from presentation

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of final bill or 6 months from the date of receipt of registered notice regarding completion of
work in accordance with clause 6 of the conditions of the contract, the defects, if any, shall
be brought to the notice of the higher authority. The period of 3 months shall commence
from the date of rectification of the defects. The higher authority shall ensure that in no case
final bill should be left unpaid after 9 months from the receipt of registered notice regarding
completion of work. The contractor shall submit a memorandum of the disputed items along
with justification in support within 30 days from the disallowance thereof, and if he fails to
do so, his claims shall be deemed to have been fully waived and absolutely extinguished.

Clause 8: Bills to be submitted on completion of specified stage of work


In case of Lump Sum contract, bills will be submitted by the contractor on completion of
various stages of work as specified in the contract document. The claim as far as admissible
authorized or paid, if possible, before expiry of 10 days from the presentation of the bill. The
claims for additions & alterations, if any, may also be included in the bills if their
measurements have been recorded and checked.

Clause 8A: Deleted (Existing at Clause 8)


Clause 8B: Recovery of Cost of Preparation of the Bill
In case of contractor of class A and AA do not submit the bill within time fixed, the Engineer
in Charge may prepare the bill as per the provision of clause 8 of the general conditions of
the contract but @ 0.5 % of amount of such a bill shall be made and credited to the general
revenue on account of preparation of bill.

Clause 9: Bills to be on printed forms


The Contractor shall submit all bills on the printed forms, to be had on application, at the
office of the Engineer-in-charge and the charges in the Bills shall always be entered at the
rates specified in the tender or in the case of any extra work ordered in pursuance of these
conditions, and not mentioned or provided for in the tender, at the rates hereinafter provided
for such work.

Clause 9A: Payments of Contractor’s Bills to Banks


Payments due to the Contractor may if so desired by him, be made to this Bank instead of
direct to him, provided that the contractor has furnished to the Engineer-in- Charge(I)an
authorization in the form of a legally valid document, such as a Power of Attorney conferring
authority on the Bank to receive payments, and (ii) his own acceptance of the correctness of
the account made out, as being due to him, by Government, or his signature on the bill or
other claim preferred against Government before settlement by the Engineer-in-Charge of the
account or claim, by payment to the Bank. While the receipt given by such bank shall
constitute a full and sufficient discharge for the payment, the Contractor should, whenever
possible, present his bill duly receipted and discharged through his Banker .Nothing, herein
contained, shall operate to create in favour of the Bank any rights vis-a-vis the Governor.

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Clause 10: Stores supplied by Government


If the specification or estimate of the work provides for the use of any special description of
material, to be supplied from Engineer-in-charge’s stores, or if, it is required that contractor
shall use certain stores to be provided by the Engineer-in- charge, specified in the schedule or
memorandum hereto annexed, the contractor shall be bound to procure and shall be supplied
such materials and stores as are, from time to time, required to be used by him for the
purpose of the Contract only, and the value of the full quantity of materials and stores, so
supplied, at the rates specified in the said schedule or memorandum, may be set off or which
may be deducted from any sum, then due or thereafter become due, to the Contractor under
the Contract or otherwise or against or from the Security Deposit or the proceeds of sale, if
the same is held in Government securities, the same or sufficient portion thereof being in this
case, sold for this purpose. All materials supplied to the contractor, either from Departmental
stores or with the assistance of Government, shall remain the absolute property of
Government. The Contractor shall be trustee of the Stores/ Materials, so supplied/ procured,
and these shall not, on any account, be removed from the site of work and shall be, all times,
open to inspection by the Engineer-in Charge. Any such material, unused and in perfectly
good condition at the time of completion or determination or rescinding of the contract, shall
be returned to the Divisional officer’s Stores, if, by a notice in writing under his hand, he
shall so require, and if on service of such notice, the contractor fails to return the materials,
so required, he shall be liable to pay the price of such materials in accordance with provision
of clause 10 B ibid. But the contractor shall not be entitled to return any such materials,
unless with such consent, and shall have no claim for compensation on account of any such
materials, so supplied to him as aforesaid being unused by him, or for any wastage in or
damage to any such materials. For the stores returned by the contractor, he shall be paid for,
at the price originally charged excluding storage charges, in case of materials supplied from
departmental stores and actual cost including freight, cartage, taxes etc., paid by the
Contractor, in case of supplies received with the assistance of Government, which, however,
should in no case exceed market rate prevailing at the time the materials are taken back. The
decision of the Engineer-in-charge, as to the price of the stores returned, keeping in view its
condition etc., shall be final and conclusive. In the event of breach of the aforesaid condition,
the Contractor shall, in addition to throwing himself open to account for contravention of the
terms of the license or permit and/or for criminal breach of trust, pay to the Government, all
advantages or profits resulting, or which in the usual course, would result to him by reason of
such breach. Provided that the Contractor shall, in no case be entitled to any compensation or
damage on account of any delay in supply, or non–supply thereof, all or any such materials
and stores.

Clause 10A: Rejection of materials procured by the Contractor


The Engineer-in-Charge shall have full powers to require the removal from the premises of
all materials which in his opinion, are not in accordance with the specifications and, in case
of default, the Engineer-in-Charge shall be at liberty to employ other person(s) to remove the
same without being answerable or accountable for any loss of damage, that may happen or
arise to such materials to be substituted thereof, and in case of default, Engineer-in-Charge
may cause the same to be supplied and all costs, which may attend such removal and
substitution, are to be born by the Contractor.

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Clause 10B: Penal rate in case of excess consumption


The Contractor shall also be charged for the materials consumed in excess of the
requirements calculated on the basis of standard consumption approved by the department, at
double of the issue rate including storage and supervision charges or market rate, whichever
is higher. A Material Supply and Consumption Statement, in prescribed Form RPWA 35A
shall be submitted with every Running Account Bill, distinguishing material supplied by the
Government and material procured by the Contractor himself. The recovery for such material
shall be made from Running Account Bill next after the consumption and shall not be
deferred. Certificate of such nature shall be given in each Running Account Bill.

Clause 10 C: Hire of Plant and Machinery


Special Plant and Machinery, required for execution of the work, may be issued to the
Contractor, if available, on the rates of hire charges and other terms and conditions as per
departmental Rules, as per Schedule annexed to these conditions. Rates of such Plant &
Machinery shall be got revised periodically so as to bring them at par with market rate.

Clause 11: Works to be executed in accordance with specifications, Drawings, Orders


etc.
The Contractor shall execute the whole and every part of the work in the most substantial and
satisfactory manner and both as regards materials and otherwise in every respect, in strict
accordance with the Specifications. The Contractor shall also conform exactly fully and
faithfully to the designs, drawings (either designed by department or designed by contractor
and approved by Engineer-in-charge during additional execution) and instructions in writing
relating to the work signed by the Engineer-in-charge and lodged in his office and to which
the Contractor shall be entitled to have access at such office or on the site of the work for the
purpose of inspection during office hours and the Contractor shall, if he so require, be
entitled, at his own expense, to make or cause to be made copies of specifications and of all
such designs, drawings and instructions, as aforesaid. A certificate of executing works as per
approved design, specifications etc. shall be given on each Running Account Bill.

The specifications of work, material, and methodology of execution, drawings and designs
shall be signed by the Contractor and Engineer-in-charge while executing agreement and
shall form part of agreement.

Clause 12:
The Engineer–in–charge shall have power to make any alterations, omissions or additions to
or substitutions for the original specifications, drawings, designs and instructions, that may
appear to him to be necessary during the progress of the work and the contractor shall carry
out the work in accordance with any instructions which may be given to him in writing
signed by the Engineer–in-charge and such alterations, omission, additions or substitutions
shall not invalidate the contract and any altered, additional or substituted work, which the
contractor may be directed to do in the manner above specified as part of the work, shall be
carried out by the contractor on the same conditions in all respects on which he agreed to do
the main work. The time for the completion of the work shall be extended in the proportion

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that the altered, additional or substituted work bears to the original contract work, and the
certificate of the Engineer-in-charge shall be conclusive as to such proportion. The rates for
such additional, altered or substituted work under this clause shall be worked out in
accordance with the following provisions in their respective order:

(i) If the rates for the additional, altered or substituted work are specified in the contract
for the work, the contractor is bound to carry out the additional, altered or substituted
work at the same rates as are specified in the contract for the work.
(ii) If the rates for the additional, altered or substituted work are not specifically provided
in the contract for the work, the rates will be derived from the rates for a similar class
of work as are specified in the contract for the work.
(iii) If the rates for the altered, additional or substituted work cannot be determined in the
manner specified in the sub-clauses (i) to (ii) above, then the rates for such composite
work item shall be worked out on the basis of the concerned Schedule of Rates of the
District/area specified above minus/plus the percentage which the total tendered
amount bears to the estimated cost of the entire work put to tender. Provided always
that if the rate for a particular part or parts of the item is not in the Schedule of Rates,
the rate for such part or parts will be determined by the Engineer-in-Charge on the
basis of the prevailing market rates when the work was done.
(iv) If the rates for the altered, additional or substituted work item cannot be determined in
the manner specified in sub-clauses (i) to (iii) above, then the contractor shall within 7
days of the date of receipt of order to carry out the work, inform the Engineer- in –
Charge of the rate which it is his intention to charge for such class of work supported
by analysis of the rate or rates claimed and the Engineer-in-Charge shall determine the
rate or rates on the basis of prevailing market rates, and pay the contractor
accordingly. However, the Engineer-in-Charge, by notice in writing, will be at liberty
to cancel his order to carry out such class of work and arrange to carry it out in such
manner, as he may consider advisable. But under no circumstances, the contractor
shall suspend the work on the plea of non-settlement of rates on items falling under
the clause.
(v) Except in case of items relating to foundations, provisions contained in sub- clauses
(i) to (iv) above shall not apply to contract or substituted items as individually exceed
the percentage set out in the tender documents under clause 12.A.
For the purpose of operation of clause 12 (v) the following works shall be treated
as work relating to foundations: -
(a) For buildings, compound wall plinth level or 1.2 meters (4 ft.) above ground
level whichever is lower, excluding items above flooring and D.P.C. but
including base concrete below the floors.
(b) For abutments, piers, retaining wall of culverts and bridges, walls of water
reservoir and the bed of floor level.
(c) For retaining walls, where floor levels is not determinate 1.2 metres above the
average ground level or bed level.

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(d) For roads, all items of excavation and filling including treatment of sub base
and soling work.
(e) For water supply lines, sewer lines underground storm water drains and similar
work, all items of work below ground level except items of pipe work for
proper masonry work.
(f) For open storm water drains, all items of work except lining of drains.
(g) Any other items of similar nature, which Engineer-in-Charge may decide
relating to foundation.
The rate of any such work, except the items relating to foundations, which is in excess of the
deviation limit, shall be determined in accordance with the provisions contained in
Clause12A.
Clause 12A:
The quantum of additional work for each item shall not exceed 50% of the original quantity
given in the agreement and the total value of additional work shall not exceed 20% of the
total contract value, unless otherwise mutually agreed by the Engineer-in-charge and the
Contractor. This limit shall not be applicable on items relating to foundation work which
shall be executed as per original rates or provision of clause 12 (i) to (iv).

In case of contract substituted items or additional items, which results in exceeding the
deviation limit laid down in this clause except items relating to foundation work, which the
contractor is required to do under clause 12 above, the contractor shall within 7 days from the
receipt of order, claim revision of the rate supported by proper analysis in respect of such
items for quantities in excess of the deviation limit notwithstanding the fact that the rates for
such items exist in the tender for the main work or can be derived in accordance with the
provision of sub clause (ii) of clause 12 and the Engineer-in-Charge, may revise their rates
having regard to the prevailing market rates and the contractor shall be paid in accordance
with the rates so fixed. The Engineer- in-Charge shall, however, be at liberty to cancel his
order to carry out such increased quantities of work by giving notice in writing to the
contractor and arrange to carry it out in such manner as he may consider advisable. But under
no circumstances, the contractor shall suspend the work on the plea of non-settlement of rates
of items failing under this Clause.

All the provisions of the preceding paragraph shall equally apply to the decrease in rates of
items for quantities in excess of the deviation limit notwithstanding the fact that the rates for
such items exist in the tender for the main work or can be derived in accordance with the
provisions of sub-clause(ii) of the preceding clause 12 and the Engineer-in-Charge may
revise such rates having regard to the prevailing market rates unless otherwise mutually
agreed by the Engineer-in-Charge and the Contractor.

Clause 13: No compensation for alteration in or restriction of work to be carried out.


If, at any time after the commencement of the work the Government shall, for any reason,
whatsoever, not require the whole work, thereof, as specified in the tender, to be carried out,
the Engineer-in-charge shall give notice, in writing, of the fact to the Contractor, who shall

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have no claim to any payments or compensation, whatsoever, on account of any profit or


advantage, which he might have derived from the execution of the work in full but which he
did not derive in consequence of the full amount of the work not having been carried out.
Neither, shall he have any claim for compensation by reason of alterations having been made
in the original specifications, drawings, and design, and instructions, which shall involve any
curtailment of the work, as originally contemplated. Provided, that the Contractor shall be
paid the charges for the cartage only, of materials actually brought to the site of the work by
him for bonafide use and rendered surplus as a result of the abandonment or curtailment of
the work or any portion thereof, and taken them back by the Contractor, provided however,
that the Engineer-in-charge shall have, in all such cases, the option of taking over all or any
such materials at their purchase price or at local market rates whichever may be less. In the
case of such stores, having been issued from Government Stores, charges recovered,
including storage charges shall be refunded after taking into consideration any deduction for
claim on account of any deterioration or damage while in the custody of the contractor, and
in this respect the decision of the Engineer-in-charge shall be final.

Clause 14: Action and compensation payable in case of bad work


If, it shall appear to the Chief Engineer or any authorized authority or the Engineer-in- charge
or his subordinates in-charge of the work, or to the committee of the retired officers/officers
appointed by the State Government for the purpose that any work has been executed with
unsound, imperfect or unskilful workmanship, or with material of any inferior description, or
that any materials or articles provided by him for the execution of the work are unsound or of
a quality inferior to that contracted, or otherwise not in accordance with contract, the
Contractor shall on demand in writing from the Engineer-in-charge, specifying the
work/materials or articles complained of, notwithstanding that the same may have been
inadvertently passed, certified and paid for, will rectify or remove and reconstruct the work,
so specified, in whole or in part, as the case may be, remove the materials or articles, so
specified, and provide other proper and suitable materials or articles at his own cost, and in
the event of his failing to do so, within a period to be specified by the Engineer-in- Charge in
his demand as aforesaid, then the Contractor shall be liable to pay compensation at the rate of
one percent, on the tendered amount of work for every week not exceeding ten percent, while
his failure to do so shall continue, and in the case of any such failure, the Engineer-in-
Charge may rectify or remove and re-execute the work or remove and replace with others,
the materials or articles complained of as the case may be, at the risk and expense, in all
respects of the contractor.

Clause 15: Work to be open to inspection: Contractor or his responsible Agent to be


present
All work, under or in course of execution or executed in pursuance of the contract shall, at all
times, be opened to inspection and supervision of the Engineer-in-charge and his superior
officers e.g. Superintending Engineer, Additional Chief Engineer, Chief Technical Engineer,
Chief Engineer, and his subordinates and any other authorised agency of the Government and
the contractor shall, at all times during the usual working hours, and at all other times at
which reasonable notice of the intention of the Engineer-in-charge or his subordinate and any
other authorised agency of Government or committee of retired officers/officers appointed by

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the State Government for the purpose to visit the works shall have been given to the
Contractor, either himself be present to receive orders and instructions or have a responsible
agent duly accredited in writing, present for the purpose. Orders given to the Contractor’s
agent shall be considered to have the same force as if they had been given to the Contractor
himself.

Clause 16: Notice to be given before any work is covered up


The Contractor shall give not less than 7 days’ notice, in writing, to the Engineer-in- charge
or his subordinate-in-Charge of the work, before covering up or otherwise placing beyond the
reach of measurement, any work in order that the same may be measured, and correct
dimensions thereof, be taken before the same is so covered up or placed beyond the reach of
measurement and shall not cover up or place beyond the reach of measurement any work
without the consent in writing of the Engineer-in- Charge of the work, and if, any work shall
be covered up or placed beyond the reach of measurement without such notice having been
given or consent obtained, the same shall be uncovered at the Contractor’s expense or in
default, thereof, no payment or allowance shall be made for such work, or for the materials
with which the same was executed.

Clause 17: Contractor liable for damage done and for imperfections
If the Contractor or his work people or servants shall break, deface, injure or destroy any part
of a building, in which they may be working or any building, road, fence, enclosure, or
cultivated ground contiguous to the premises on which the work or any part of it is being
executed, or if any damage shall happen to the work, while in progress, from any cause,
whatsoever, or any imperfections become apparent in it, within a period specified in clause
37, after a certificate, final or otherwise of its completion, shall have been given by the
Engineer-in-charge, may cause the same to be made good by other workmen and deduct the
expense (of which the certificate of the Engineer-in-charge shall be final) from any sums
that may be then, or at any time thereafter, may become due to the Contractor, or from his
security deposit, or the proceeds of sale thereof, or of a sufficient portion thereof.

Clause 18: Contractor to supply plant, ladders, scaffolding etc.


The Contractor shall arrange and supply, at his own cost, all material (except such special
materials, if any, as may, in accordance with the contract, be supplied from the Engineer-in-
charge’s stores), plants, tools, appliances, implements, ladders, cordage, tackle,
scaffolding and temporary works requisite or proper for the proper execution of the work,
whether original, altered, or substituted, and whether included in the specification or other
documents, forming part of the Contract, or referred to in these conditions, or not, or which
may be necessary for the purpose of satisfying or complying with the requirements of the
Engineer in- Charge, as to any matter as to which, under these conditions, he is entitled to be
satisfied or which he is entitled to require, together with carriage thereof, to and from the
work. The Contractor shall also arrange and supply, without charge, the requisite number of
persons with the means and materials, necessary for the purpose of setting out work and
counting, weighting and assisting in the measurement or examination at any time and from
time to time of the work, or materials. Failing his so doing, the same may be provided by the

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Engineer- in-charge, at the expense of the Contractor, and the expenses may be deducted
from any money due to the Contractor under the Contract, or from his Security Deposit or
the proceeds of sale thereof, or a sufficient portion thereof. The Contractor shall also provide
all necessary fencing and lights required to protect the public from accident and shall be
bound to bear the expenses of defence of every suit, action or other proceeding at law, that
may be brought by any person for injury sustained owing to neglect of the above
precautions, and to pay any damages and costs which may be awarded in any such suit,
action proceeding to any such person or which may, with the consent of the Contractor, be
paid to compromise any claim by any such person.

Clause 19
Work not to be sub-let, Contract may be rescinded and Security Deposit and Performance
Forfeited for sub-letting, bribing or if Contractor becomes insolvent.

The Contractor shall not be assigned or sublet without the written approval of the Chief
Engineer, and if the contractor shall assign or sublet his contract or attempt so to do, or
become insolvent, or commence any insolvency proceedings or mark any composition with
his creditors, or attempt so to do, or if any bribe, gratuity, gift, loan, requisite reward or
advantage, pecuniary or otherwise, shall either directly or indirectly, be given, promised or
offered by the Contractor or any of his servants or agents to any public officer or person, in
the employ of Government, in any way, relating to his office or employment, or if, any such
officer or person shall become, in any way, directly or indirectly, interested in the contract,
the Chief Engineer may, thereupon, by notice, in writing, rescind the contract and Security
Deposit of the Contractor shall, thereupon, stand forfeited and be absolutely at the disposal
of Government and the same consequences shall ensure as, if the contract had been rescinded
under Clause 3 hereof, and in addition the Contractor shall not be entitled to recover or be
paid for any work therefore, actually performed under the Contract.

Clause 20: Deleted


Clause 21: Changes in constitution of firm
Where the Contractor is a partnership firm, the previous approval, in writing, of the
Engineer-in-charge shall be obtained before any change is made in the constitution of the
firm. Where the Contractor is an individual or a Hindu undivided family business concern,
such approval, as aforesaid, shall likewise be obtained before the Contractor enters into any
partnership agreement there under the partnership firm would have the right to carry out the
work thereby undertaken by the Contractor. If, previous approval, as aforesaid, is not
obtained, the Contract shall be deemed to have been assigned in contravention of Clause 19
hereof, and the same action may be taken, and the same consequences shall ensure, as
provided in the said clause 19.

Clause 22: Work to be under direction of Engineer-in-charge


All the works, to be executed under the contract, shall be executed under the direction and
subject to the approval, in all respect, of the Engineer-in-charge of the Government of
Rajasthan for the time being, who shall be entitled to direct, at what point or points, and in

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what manner, they are to be commenced, and from time to time, carried on.

Clause 23: Standing Committee for Settlement of Disputes


If any question, difference or objection, whatsoever shall arise in any way, in connection
with or arising out of this instrument, or the meaning of operation of any part thereof, or the
rights, duties or liabilities of either party then, save in so far, as the decision of any such
matter, as herein before provided for, and been so decided, every such matter constituting a
total claim of Rs. 50,000/- or above, whether its decision has been otherwise provided for
and whether it has been finally decided accordingly, or whether the Contract should be
terminated or has been rightly terminated, and as regards the rights or obligations of the
parties, as the result of such termination, shall be referred for decision to the empowered
Standing Committee, which would consist of the followings:-

(i) Administrative Secretary concerned.


(ii) Finance Secretary or his nominee, not below the rank of Deputy Secretary.
(iii)Law Secretary or his nominee, not below the rank of Joint Legal Remembrancer.
(iv) Chief Engineer-cum-Addl. Secretary of the concerned department.
(v) Chief Engineer concerned (Member-Secretary).
The Engineer-in-charge, on receipt of application along with non-refundable prescribed fee,
(the fee would be two percent of the amount in dispute, not exceeding Rs. one Lac) from the
Contractor, shall refer the disputes to the committee, within a period of three month from the
date of receipt of application.

Procedure and Application for referring cases for settlement by the Standing Committee
shall be, as given in Form RPWA 90.

Clause 23A: Contractor to indemnify for infringement of Patent or design


Contractor shall fully indemnify the Governor of Rajasthan against any action, claim or
proceeding, relating to infringement or use of any patent or design, or any alleged patent or
design, rights, and shall pay any royalties, which may be payable in respect of any article or
part thereof, included in the contract, in the event of any claims made under or action
brought against Government. In respect of any such matters, as aforesaid, the Contractor
shall be, immediately, noticed thereof, and the Contractor shall be at liberty, at his own
expense, to settle any dispute or to conduct any litigation, that may arise there from provided
that the Contractor shall not be liable to indemnify the Governor of Rajasthan, if the
infringement of the patent or design or any alleged patent or design, right is the direct result
of an order passed by the Engineer-in-Charge in this behalf.

Clause 24: Imported Store articles to be obtained from Government


The contractor shall obtain from the stores of the Engineer-in-charge, all imported store
articles which may be required for the work or any part thereof, or in making up articles
required thereof, or in connection therewith, unless he has obtained permission, in writing,
from the Engineer-in-charge, to obtain such stores and articles from else-where. The value of
such stores and articles, as may be supplied to the Contractor by the Engineer-in-charge, will

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be debited to the Contractor, in his account, at the rates shown in the schedule attached to the
contract, and if they are not entered in the schedule, they will be debited at cost price, which
for the purposes of this contract, shall include the cost of carriage and all other expenses,
whatsoever, which shall have been incurred in obtaining delivery of the same at the stores
aforesaid plus storage charges.

Clause 25: Lump-sums in estimates


When the estimate, on which a tender is made includes lump sums, in respect of parts of the
work, the Contractor shall be entitled to payment in respect of the item of work involved, or
the part of the work in question at the same rates, as are payable under the contract for such
items or if the part of the work in question is not, in the opinion of the Engineer-in-charge,
capable of measurement, the Engineer-in-charge may at his discretion pay the lump sum
amount entered in the estimate and the certificate in writing of the Engineer-in-charge shall
be final and conclusive with regard to any sum or sums payable to him under the provisions
of this clause.

Clause 26: Deleted


Clause 27: Definition of work
The expression “works” or “work” where used in these conditions, shall, unless there be
something either in subject or context, repugnant to such construction, be construed and
taken to mean the works by or by virtue of the contract contracted to be executed, whether
temporary or permanent, and whether original, altered, substituted or additional.

Clause 27A: Definition of Engineer-in-charge


The term “Engineer-in-charge” means the Divisional officer who shall supervise and be in
charge of the work and who shall sign the contract on behalf of the Governor.

Clause 28:
It cannot be guaranteed that the work will be started immediately after the tenders have been
received. No claims for increase of rate will be entertained, if the orders for starting work are
delayed.

Clause 29: Payments at reduced rates on account of items of work not accepted and not
completed to be at the discretion of the Engineer-in-charge
The rates for several items of works, estimated to cost more than Rs. 1,000/-, agreed within,
will be valid only when the item concerned is accepted as having been completed fully in
accordance with the sanctioned specifications. In cases, where the items of work are not
accepted, as so completed, the Engineer-in-charge may make payment on account of such
items, at such reduced rates, as he may considers reasonable, in the preparation of final or on
account bills, and his decision in the matter shall be final and binding.

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Clause 29A: Payments at part rates


The rates for several items of works may be paid at part rates provisionally in running bills in
proportion to the quantum of items executed at the discretion of Engineer-in- charge. In case
of item rates, if the rate quoted for certain items are very high in comparison to the
average/overall tendered premium, and then the payment at running stages shall not be made
more than the average sanctioned premium. The deferred payment, will however be released
after successful completion of the work.

Clause 30: Deleted


Clause 31: Contractor to adhere to labour laws/regulation
The Contractor shall adhere to the requirements of the Workmen's Compensation Act and
Labour Legislation in force from time to time and be responsible for and shall pay any
compensation to his workmen which would be payable for injuries under the Workmen's
Compensation Act, here-in-after called the said Act. If such compensation is paid by the
State as Principal employer under Sub Section (1) of section 12 of the said Act, on behalf of
the Contractor, it shall be recoverable by the State from the Contractor under Sub Section (2)
of the said section. Such compensation shall be recovered in the manner laid down in clause
1 of the Conditions of Contract.

Clause 32: Withdrawal of work from the Contractor


If the Engineer-in-charge shall at any time and for any reasons, whatever, including inability
to maintain prorate progress, think any portion of the work should not be executed or should
be withdrawn from the Contractor, he may, by notice in writing to that effect, require the
Contractor not to execute the portion of the work specified in the notice, or may withdraw
from the Contractor the portion of work, so specified, and the Contractor shall not be entitled
to any compensation, by reason of such portion of work having been withdrawn from him.
The Engineer-in-charge may supplement the work by engaging another agency to execute
such portion of the work at the cost of the original contractor, without prejudice to his rights
under clause 2. He shall also be competent to levy compensation for delay in progress. The
recovery of excess cost shall be made from next available running bill or any other claim and
shall not be deferred.

Clause 33:
The Contract includes clearance, levelling and dressing of the site within a distance of15
meters of the building on all sides except where the building adjoins another building.

Clause 34: -Protect works


The Contractor shall arrange to protect, at his own cost, in an adequate manner, all cut stone
work and other work, requiring protection and to maintain such protection, as long as work is
in progress. He shall remove and replace this protection, as required by the Engineer-in-
Charge, from time to time. Any damage to the work, so protected, no matter how it may be
caused, shall be made good by the Contractor free of cost. All templates, forms, moulds,
centring, false works and models, which in the opinion of the Engineer-in-Charge, are

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necessary for the proper and workman like execution of the work, shall be provided by the
Contractor free of cost.

Clause 35:-Contractor liable for settlement of claims caused by his delays


If the progress of the work has fallen so much in arrears as to prevent other contractors on
the work, from carrying out their part of the work within the stipulated time, he will be liable
for the settlement of any claim, put in by any of these contractors for the expenses of keeping
their labour unemployed, to the extent considered reasonable by the Engineer-in-Charge.

Clause 36A:
The liability, if any, on account of quarry fees, royalties, Octroi and any other taxes, cess and
duties in respect of materials actually consumed on public work, shall be borne by the
Contractor.

Clause 36B:
The cost of all water connections, necessary for the execution of work, and the cost of water
consumed and hire charges of meters and the cost of electricity consumed in connection with
the execution of work, shall be paid by the Contractor, except where otherwise specifically
indicated.

Clause 36C: Payment of Sales Tax, and any other Taxes


GST will be paid by the Bidder as per clause 9 of section VI-B SCC and quoted price shall
be inclusive of GST. Deduction of Income Tax at source will be made as per provisions of
the Income Tax Act, in force from time to time.

Clause 36D:
In respect of goods and materials procured by the Contractor, for use in works under the
contract, sales tax will be paid by the Contractor himself. But in respect of all such goods
manufactured and supplied by the Contractor and works executed under the contract, the
responsibility of payment of sales tax would be that of the Engineer-in- charge.

Clause 37: Refund of Security Deposit


The Security Deposit will be refunded after the expiry of the period, as prescribed below: -

(a) In case of contracts relating to hiring of trucks and other T&P, transportation including
loading, unloading of materials and the amount of Security Deposit is refundable along
with the final bill.
(b) Supplies of material: As per provisions of G.F. &A.R.
(c) Ordinary repairs: 3 months after completion of the work provided the final bill has
been paid.
(d) Original works/special repairs/renewal works: Six months after completion except in

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case of works, such as building works, bridge works, cross drainage works, Dams,
Canals, water supply and sewerage schemes (except where provided otherwise in any
specified case) etc., the Security Deposit will be refunded 6 months after completion, or
expiry of one full rainy season or after expiry of defect liability period, whichever is
later, provided the final bill has been paid.

Clause 38: Fair Wage Clause


(a) The Contractor shall pay not less than fair wages/minimum wages to laboures
engaged by him on the work as revised from time to time by the Government, but the
Government shall not be liable to pay anything extra for it except as stipulated in price
escalation clause (clause 45) of the agreement.
Explanation: “Fair Wage” means minimum wages for time or piece work, fixed or
revised, by the State Government under Minimum Wages Act, 1948.
(b) The Contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid fair wages to labourers indirectly engaged on the work, including any
labour engaged by his sub-contractors in connection with the said work as if the
labourers have been immediately or directly employed by him.
(c) In respect of all labourers immediately or directly employed on the work, for the
purpose of the Contractor's part of this agreement, the Contractor shall comply with or
cause to be complied with the Public Works Department Contract’s Labour
Regulations made, or that may be made by the Government, from time to time, in
regard to payment of wages, wages period, deductions from wages, recovery of wages
not paid, and unauthorized deductions, maintenance of wages register, wage card,
publication or scale of wages and other terms of employment, inspection and
submission of periodical returns and other matters of a like nature.
(d) The Engineer-in-charge shall have right to deduct from the money due to the
Contractor any sum required or estimated to be required for making good the loss
suffered by a worker or workers, by reasons of non-fulfillment of the conditions of the
contract, for the benefit of the worker or workers, non- payment of wages or of
deductions made therefrom, which are not justified by the terms of the contract, or as
a result of non-observance of the aforesaid regulations.
(e) Vis-a-Vis the Government of Rajasthan, the Contractor shall be primarily liable for all
payments to be made and for the observance of the regulations aforesaid, without
prejudice to his right to claim indemnity from his sub- contractors.
(f) The regulations, aforesaid, shall be deemed to be part of this contract and any breach,
thereof, shall be deemed to be breach of the Contract.

Clause 39: Contractor to engage technical staff


The Contractor shall engage the technical staff, as follows, on the contract works:

(a) For works costing Rs. 100 Lac and above – One Graduate Engineer
(b) For works costing between Rs. 50 Lac to Rs. 100 Lac - One qualified diploma holder
having experience of not less than 3years.

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(c) For works costing between Rs. 15 Lac and Rs. 50 Lac - One qualified diploma holder
The technical staff should be available at site, whenever required by Engineer-in-
charge to take instructions.

Clause 39 A:
The Contractor shall comply with the provisions of the Apprenticeship Act, 1961, and the
Rules and Orders issued, there under, from time to time. If he fails to do so, his failure will
be a breach of contract. The Contractor shall also be liable for any pecuniary liability arising
on account of any violation by him of the provisions of the said Act.

Clause 40: Safety code


The Contractor shall follow the safety code (s) of the department and as specified in special
conditions of contract.

Clause 41: - Near Relatives barred from tendering


The Contractor shall not be permitted to tender for works in Circle, in which his near relative
is posted as Divisional Accountant or as an officer in any capacity between the grades of the
Superintending Engineer and Assistant Engineer (both inclusive). He shall also intimate the
names of persons, who are working with him in any capacity, or are subsequently employed
by him and who are near relatives to any gazetted officer in the Organization/Department.
Any breach of this condition by the Contractor would render him liable to be removed from
the approved list of contractors of the Department. If such facts is noticed (a) before sanction
of tender, his offer shall be declared invalid and earnest money shall be forfeited, (b) after
sanction of the tender then the tender sanctioning authority may at his discretion forfeit his
earnest money, security deposit and enlistment deposit and work/remaining work may allot
to any registered contractor on the same rates as per rules.

Note: By the term "near relative" is meant wife, husband, parents, and grand-parents,
children and grandchildren, brothers and sisters, uncles and cousins and their corresponding
in-laws.

Clause 42: Retired Gazette Officers barred for 2 years


No Engineer of Gazetted rank or other Gazetted officer, employed in Engineering or
Administrative duties in an Engineering Department of the Government of Rajasthan, is
allowed to work as a Contractor for a period of 2 years of his retirement from Government
service without the previous permission of Government of Rajasthan. This contract is liable
to be cancelled, if either the Contractor or any of his employees is found, at any time, to be
such a person, who had not obtained the permission of Government, as aforesaid, before
submission of the tender or engagement in the contractor's service, as the case may be.

Clause 43: Quality Control


The Government shall have right to exercise proper Quality Control measures. The
Contractor shall provide all assistance to conduct such tests.

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Clause 43 A:
The work (whether fully constructed or not) and all materials, machines, tools and plant,
scaffolding, temporary buildings and other things connected therewith, shall be at the risk of
the contractor until the work has been delivered to the Engineer-in- charge, and a certificate
from him, to the effect, obtained.

Clause 44: Death of Contractor


Without prejudice to any of the rights or remedies under the contractor, if the Contractor
dies, the legal heirs of the Contractor or the Chief Engineer or duly authorised Engineer shall
have the option of terminating the contract without any compensation.

Clause 45: Price variation clause (Adjustment for changes in cost)


The amount payable to the Contractor and valued at base prices in accordance with the
payment Schedule shall be adjusted for rises or falls in the cost of Labour and materials as
given in formula, by the addition or deduction of the amounts determined by the formulae
prescribed in this Clause.

Base price for adjustment of price escalation will be date of opening of tender/ date of
negotiation.

Increase or decrease in the cost of Labour and materials shall be calculated quarterly. The
first statement of price adjustment shall be prepared at the end of quarter in which the work
was awarded and the work done from the date of start to the end of quarter shall be taken into
account. For subsequent statement, cost of work done during every quarter shall be taken into
account. At the completion of work, the work done during the last quarter or fraction,
thereof, shall be taken into account.

For the purpose of reckoning the work done during any period, bills prepared during the
period shall be considered. Dates of recording measurements in the Measurement Book by
the EIC shall be the guiding factor to decide the bills relevant to any period. The date of
completion, as finally recorded by the EIC in the Measurement Book, shall be the criterion.

The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.

The amount to be added to or be deducted from the Payment Certificates for changes in cost
shall be determined from formulae as stated below:

(a) LABOUR
VL =0.75 x L/ 100 x R x (IL1 - IL0) / IL0
VL = Increase or decrease in the cost of work during the quarter under consideration.
R = Value of the work done during the quarter under consideration.
IL0= Base Price which is Consumer Price Index for Industrial labour for Jaipur issued by
Labour Bureau, Shimla on the base date.

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IL1= Final price (average for the quarter under consideration) which is Consumer Price
Index for Industrial labour for Jaipur issued by Labour Bureau, Shimla.
L= Percentage of labour components.

(Note: In case of revision of minimum wages by the Government or other competent


authority, nothing extra would be payable except the price escalation permissible under
this Clause).

(b) HSD:
Vi = 0.75 x Pi /100 x R (F1 – F0) / F0
Vi= Increase or decrease in the cost of the work during the quarter under consideration
due to change in rate for fuel and lubricant.
R= Value of the work done during the quarter under consideration excluding the cost of
materials supplied by the department.
F0= Base price which is the Wholesale Price Index for HSD issued by Economic Advisor,
GoI on the date of opening tender/ Negotiation.
F1= Final price (average for the quarter under consideration) which is the Wholesale Price
Index for HSD issued by Economic Advisor, GoI.
Pi= Percentage of HSD component excluding HSD supplied by the Department.

(c) All Material:


VM = 0.75 x O/ 100 x R x (IM1 - IM0) / IM0
VM= Increase or decrease in the cost during the quarter under consideration.
R= Value of the work done during the quarter under consideration excluding the cost of
materials supplied by the department.
IM0=Base price which is Wholesale price index (all commodities) published in Reserve
Bank of India Journal on the base date.
IM1= Final price (average for the quarter under consideration) which is the wholesale price
index (all commodities) published in Reserve Bank of India Journal.
O=Percentage of other material components

(d) OPC (Cement) (excluding material supplied by the department).


Vc = 0.75 x C / 100 x R (LcI - Lc0) / Lc0
Vc= Increase or decrease in the cost during the quarter under consideration.
R= Value of the work done during the quarter under consideration excluding the cost of
material supplied by the department.
Lc0= Base price which is Wholesale Price Index for Cement and Lime issued by Reserve
Bank of India Journal on the base date
LcI= Final price (average for the quarter under consideration) which is the Wholesale
Price Index for Cement and Lime issued by Reserve Bank of India

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C= Percentage of Cement component.

(e) Bitumen:
Vb = 0.75 x B/100 x R (Bi – B0) / B0
Vb= Increase or decrease in the cost of the work during the quarter under consideration.
R= Value of the work done during the quarter under consideration excluding the cost of
materials supplied by the department.
Bo= Base price which is the Wholesale Price Index for Bitumen issued by Economic
Advisor, GoI on the base date.
Bi= Final price (average for the quarter under consideration) which is the Wholesale Price
Index for Bitumen issued by Economic Advisor, GoI.
Pb= Percentage of bitumen component excluding bitumen supplied by the Department.

(f) Mild Steel long produce (excluding material supplied by the department).
Vs = 0.75 x S / 100 x R (LsI - Ls0) / Ls0
Vs= Increase or decrease in the cost during the quarter under consideration.
R= Value of the work done during the quarter under consideration excluding the cost of
material supplied by the department.
Lso= Base price which is the Wholesale Price Index for ferrous metal issued by Reserve
Bank of India on the base date
Lsi= Final price (average for the quarter under consideration) which is the Wholesale
Price Index for ferrous metal issued by Reserve Bank of India
S= Percentage of steel component.
The exact percentage of labour/ Material (excluding material to be supplied by the
department) are as under:
Components Percentage of Component
Labour 22.00
HSD 2.00
All Material 38.00
OPC (Cement) 10.00
Bitumen 1.00
Mild Steel long product 27.00
Total 100.00

Foreign currency payments, if any, will be converted into the local currency (INR) at the
selling exchange rate, published by Reserve Bank of India, on the last date of quarter for
which the index is required to be applicable.

Until such time as each current cost index is not available, the Engineer shall determine a
provisional index for the issue of Interim Payment Certificates. When a current cost index is
available, the adjustment shall be recalculated accordingly.

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The price variation clause 45 of the PWF&AR is applicable as detailed in the agreement. All
the conditions stipulated in the contract document will be applicable.

Clause 45A: Deleted


Clause 46: Force-Majeure
Neither party shall be liable to each other, for any loss or damage, occasioned by or arising
out of acts of God such as unprecedented floods, volcanic eruptions, earthquake or other
invasion of nature and other acts.

Clause 47: General Discrepancies and Errors


In case of percentage rate tenders, if there is any typographical or clerical error in the rates
shown by Department in the "G" Schedule, the rates as given in the Basic Schedule of Rates
of the Department for the area shall be taken as correct.

Clause 48: Post payment Audit & Technical Examination


The Government shall have right to cause an audit and technical examination of the works,
and the final bills of the contractor, including all supporting vouchers, abstracts, etc., to be
made within 2 years after payment of the final bill, and if, as a result of such audit and
technical examination, any sum is found to have been over paid in respect of any work done
by the Contractor under the contract, or any work claimed by him to have been done by him
under the Contract and found not to have been executed or executed below specifications, the
Contractor shall be liable to refund the amount of over payment, and it shall be lawful for
Department to recover the same from him in the manner prescribed in Clause 50 or in any
other manner legally permissible, and if it is found that the Contractor was paid less than
what was due to him under the contract in respect of any work executed by him under it, the
amount of such under- payment shall be duly paid by the Government to the Contractor.

Clause 48A: Pre-Check or Post Check of Bills


The Government shall have right to provide a system of pre-check of Contractor’s bill by a
specified Organization, and payment by an Engineer or an Accounts Officer/sr. Accounts
Officer/ chief Accounts Officer/ financial Advisor, as the Government may in its absolute
discretion prescribe. Any over-payments excess payments detected, as a result of such pre-
check or post-check of Contractor’s bills, can be recovered from the Contractor’s bills, in the
manner, herein before provided, and the Contractor will refund such over/excess payments.

Clause 48B: Check Measurements


The department reserves to itself, the right to prescribe a scale of check measurement of
work, in general, or specific scale for specific works, or by other special orders (about which
the decision of the department shall be final). Checking of measurement by superior officer
shall supersede measurements by the subordinate officer, and the former will become the
basis of the payment. Any over/excess payments detected, as a result of such check
measurement or otherwise at any stage up to the date of completion and the defect removal

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period specified elsewhere in this contract, shall be recoverable from the Contractor, as any
other dues payable to the Government.

Clause 49: Dismantled materials


The Contractor, in course of the work, should understand that all materials e.g. stone, bricks,
steel and other materials obtainable in the work by dismantling etc. will be considered as the
property of the Government and will be disposed off to the best advantage of the
Government, as per directions, of the Engineer-in-charge.

Clause 50: Recovery from Contractors


Whenever any claim against the Contractor for the payment of a sum of money arises out of
or under the contract, the Department shall be entitled to recover such sum by appropriating,
in part or whole of the Security Deposit, Security Deposit at the time of enlistment of the
Contractor. In the event of the security being insufficient, or if no security has been taken,
then the balance or the total sum recoverable, as the case may be, shall be deducted from any
sum, then due or which at any time, thereafter, may become due to the Contractor, under this
or any other contract with the Governor of Rajasthan. Should this sum be not sufficient to
cover the full amount recoverable, the Contractor shall pay to the Department on demand the
balance remaining dues.

The department shall, further, have the right to effect such recoveries under Public Demand
Recovery Act.

Clause 51: Jurisdiction of Court


In the event of any dispute arising between the parties hereto, in respect of any of the matters
comprised in this agreement, the same shall be settled by a competent Court having
jurisdiction over the place, where agreement is executed and by no other court, after
completion of proceedings under Clause 23 of this Contract.

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Schedule of Materials to be supplied by the Department, if available (Referred


to in clause 10)
S. No. Particulars Quantity Rates Place of Delivery
Unit Rupees
1. NIL NIL NIL NIL NIL

2.

3.

Schedule of Machinery/T&P to be supplied by the Department

The following Machinery/T&P shall be supplied by the Department, if available, to


the Contractor, on hire as per “Rules of the Department for supply for machinery and
T&P to the Contractor on hire”

(Referred in Clause 10 C)
S. No. Item Rate Place of Delivery and
Return
NIL NIL NIL

Progress Statement referred to in Clause 2 of Conditions of Contract


Name of Work Date from which Date by which the Monthly rate of Progress
the work should be work should be
commenced completed

1 2 3 4

The contractor has been informed that his tender has been accepted

Dated Signature of Engineer-in -charge Dated signature of Contractor

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Notes: - For Filling in the Progress Statement Form

1. Columns 2,3, and 4 must be initialed and dated by the Contractor


2. Column 4 must be initialed and dated by the Chief Engineer or other duly
authorized Engineer also.
3. The date in column 2 should correspond to the date on which the order to
commence work is given to the contractor read with Clause 2 of the conditions
of contract.
4. The date in column 3 must correspond to the period stated in Sub clause (e) of
the Memorandum below “Tender for works”.
5. Column 4. This will ordinarily be worked out proportionately; thus, if Rs.
24,000/- is the cost of the whole or portion of work tendered for, and six months
period of completion, then the monthly rate of progress should be Rs. 4,000. If
necessary, quantities may also be specified in this column at the discretion of
the Chief Engineer.
6. The Certificate as to intimation of acceptance of tender printed at the foot of the
form, must be signed and dated both by the Chief Engineer or other duly
authorized Engineer and the Contractor.

Executive Engineer
UIT Kota

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Tripartite Agreement

Tripartite Agreement between Kota Smart City


Ltd., Government Executive Agency & the
Contractor

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Tripartite Agreement

Tripartite Agreement between Kota Smart City Ltd., Government


Executive Agency & the Contractor
The tripartite agreement is entered into on the date……………….. of
……………..(month)…………..(year) for amount of Rs. ………………….. (in numbers) (in
words) for the Project entitled……………………..
BETWEEN
1 Kota Smart City Ltd. Represented by Chief Executive officer (CEO) and referred to as first Party.
2 Urban Improvement Trust-Kota (name of the Government Agency) referred to as Second party.
3 …………………….(name of the Contractor) who has been awarded the work by the works by the
second party & shall be referred to as third party.
WHEREAS
(a) Project shall be identified through joint meeting of KSCL and Government Executive Agency.
(b) Such projects shall be approved as per the delegations of power in KSCL. Thereafter KSCL will
issue Administrative and financial sanction.
(c) After receiving the consent of the first party and Administrative and Financial sanction, the second
party shall prepare estimate / DPR, issue technical sanction, float the tender as per RTPP rules
2013 evaluate it, select the bidder and award the contract to most advantageous bidder second
party execute the work through successful bidder, prepare the bills, check and verify them as per
standards of financial rules & schedule of powers and submit to first party for payment.
(d) The third party shall execute work as per tender document/agreement within the said time frame.
Shall also execute all modifications & variations
2 Obligations of the parties.
(A) Obligations of the KSCL
1 The project shall be given approval as per delegations of financial powers and shall give A&F
Sanction.
2 Detailed project reports and tender documents shall be approval by SPV.
3 Shall give revised A&F if the work order amount exceeds due to tender premium.
4 Shall, at all times, have the power to monitor and supervise the implementation of the project
in accordance with contract conditions and give such directions to the executive agency as
may be necessary for the purpose.
5 The KSCL agrees to undertake, observe, comply with and perform to
(a) Promptly disburse, the amount due and payable.
(b) Assist in discharging its obligations under the tender conditions.
(B) Obligations of Executive Agency
1. After obtaining A&F sanction, it shall prepare details estimated / DPR’s/designs & drawings,
feasibility studies and issue technical sanction. However, all these documents shall be placed
before SPV for appraisal & approval. The tender documents shall be as per RTPP Rules 2013.
2. Prior approval shall be obtained if it goes for short term tender.
3. Evaluation of tender shall be done and work order to successful bidder, shall be given
issue the letter of awarded to the successful bidder after obtaining prior written of the
KSCL.
4. Shall execute in agreement with the successful bidder ensure effective and efficient

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implementation of the project including supervisions, quality control arrangement &


mechanism adhering to the rules of financial proprietary and schedule of powers (in case
of technical sanction)
5. Shall record all measurements in prescribed formats, duly signed and verified by
responsible officers.
6. Shall be responsible to submit timely bills duly verified & signed by competent technical
and financial authority along with the measurement books.
7. Shall maintain complete record of work for the purpose of inspection of any agency
authorized by KSCL, GoR, GoI it shall be responsible to reply to any queries and audit all
levels during & after completion of work.
8. It shall be responsible to not only execute work on time out but to get it maintain the
created/developed assets during DLP or handover possession to any agency designated by
KSCL. The DLP and O&M period mentioned in the tender document / agreement will not
change or affect due to handover assists to any of govt. agency decided by KSCL/GoR.
9. Shall place before KSCL all variations & deviations for approval. Also, shall place cases
of time extensions before KSCL.
It shall execute all the changes, modifications and alterations suggested by KSCL which is
within the scope of the work.
(C) Obligations of the Contractor
1 To follow all terms & conditions of bid documents & agreement.
2 Timely execution of work as per specifications with all quality control measures.
3 To keep and maintain site record and open inspection by any authorized person and
provide full assistant during inspection.
4 To communicate hurdler with in specified time for the timely completion of work.
5 To carry out all changes, modifications & alterations desired by executive agency &
KSCL.
6 Ultimately said WTP’s and other ancillary work are the property of PHED or handover to
them. Therefore, after completion of the project, during O&M there may be an agreement
with PHED / UIT for O&M period.

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Special Conditions of Contract

Section VI-B
Special Conditions of Contract
1. It is to be noted that this tender has been floated on “ Design& Build Basis/ EPC”
 Contractor will have to get structural design of RCC and other structural
components of this project on his own cost through qualified and experience
structural engineer/consultant as per architectural concept and design provided
by UIT Kota. Structural Engineer/Consultant will be selected after getting prior
approval of Engineer in charge.
 Contractor will also be required to get structural design proof checked from any
NIT/IIT after getting prior approval of engineer in charge.
 Nothing is payable towards expenditure for design and proof checking.
Contractor should incorporate this expenditure in quoted rate.
2. Contractor enlisted in “AA” Class in UIT Kota or any other State/Central Govt.
Departments can participate in tender process.
3. Work will be carried out as per relevant &prevailing PHED SOR 2019, RUIDP BSR
2017 & Electrical UIT BSR 2013 and specifications unless otherwise specified.
4. Steel Reinforcement (un-tensioned):
Only TMT steel reinforcement (un-tensioned) conforming to clause 1600 of
MORTH specification & relevant IS specifications shall be used for all the
component of Bridge and approaches. The steel shall be procured from Billet
original /ingot manufacturers only.
5. Only OPC cement shall be used, The Contractor shall submit, for approval,
certified laboratory test data and/or manufacturer's certificate.
6. Contractor should have automatic batching mix of capacity of at least 30 cum per
hour and concrete should be placed through chutes or pumping through concrete
pumps as per requirement at site.
7. All arrangements regarding Site office, Electricity, water, T&P required for the
work will be made by the contractor at his own cost.
8. Contractor will have to prepare model of this project on his own cost within one
month after issuing of work order as per instructions of Engineer in charge.
9. Contractor is bound to follow labour laws and fair wages clause. Labour cess,
Income tax, Sales tax/GST, royalty, and all other taxes if any levied by the
government will be paid by the contractor as per rules.
10. Quality control test shall be carried out by the contractor as per norms. In case any
material is required to be tested, the contractor will make all arrangements at this
own cost. Charges of testing including third party inspection if required shall be
borne by the contractor. The contractor will have to establish quality control lab for
testing of mortar, concrete cubes &brick etc. sieve analysis and other tests as per
direction of Engineer- in-charge.
11. The bidder shall submit a power of attorney for his legal representative on Non-
Judicial stamp paper of Rs. 100.00 dully attested.

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12. The work shall be completed within period as mentioned in NIT.


13. Contractor shall provide key personnel at site as per requirement and as per
direction of Engineer- in – charge.
14. Contractor is fully responsible for any accident, labour accident, service damages,
claims made by another department for any damages etc.
15. Make/quality of any material supplied by contractor should be approved and up to
the satisfaction of Engineer-in-charge.
16. Rates provided in the ‘G’ Schedule, are inclusive of all leads and lifts, no extra
lead/lift shall be paid over and above that.
17. In case of any typographical error in unit/rates or specification, same will be
governed by relevant BSR.
18. The contractor shall furnish his programme of construction for execution of the
work within the stipulated time schedule together with methodology of construction
of each type of work and obtain the approval of the Engineer prior to actual
commencement of work.
19. The contractor is expected to have visited the site or work and acquainted himself
of general terrain, type of materials, their availability and other relevant information
related to the work by personally inspecting before tendering for the work.
20. The security deposit @10% of the gross amount of the running bill shall be
deducted from each running bill and shall be refunded as per rules on completion of
the contract as per terms and conditions. A Contractor may, however, opt to furnish
a bank guarantee for an amount, equal to the full amount of the security deposit @
10% of the work order.
However, during execution of the work if cost of work exceeds as shown at the time
of furnishing bank guaranty, balance security shall be deducted from the Running
Account Bills. In case of delay on the part of any party the contractor shall have to
extend the B.G./ FDR on demand by Engineer- in- charge.
A. The bank guarantee will be payable at Kota.
B. The bank Guarantee shall remain valid up to the specified date unless extended
on demand by the Engineer-in-charge, which shall include the period of
completion of the contract as per terms of the agreement. After satisfactory
completion of the contract and clearance of all dues by the contractor, the Bank
Guarantee will be released. In case the date of expire of the Bank Guarantee is a
holiday, it will be deemed to expire on the close of the next working day.
21. Earnest money deposited will be refunded separately after first Running bill
applying through proper way. Contractor will not claim the refund earnest money
before tender validity period.
22. The contractor shall arrange his own land for the erection of plants storage and
packing of machines, stacking of material etc.
23. The contractor will display adequate number of Caution Board/Diversion Board for
guidance of proper safety of traffic playing on the road.
24. The methodology and equipments to be used on the project shall be furnished by
the contractor to the Engineer well in advance of commencement of work and
approval of the Engineer is obtained prior to its adoption and use.

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25. No equipment or personnel will be removed from site without permission of the
Engineer in charge.
26. Providing/fixing reflective type sign M.S. Boards of size 8'×4' with channel will be
fixed by contractor on his own cost in standard format as per direction by Engineer-
in-charge.
27. Safe Diversion arrangement like safety ribbon, safety cone, Diversion Information
board and other required shall be done by contractor on his own cost.
28. The color photographs of (size 4"×6") of site will be arranged by contractor on his
own cost before commencement of work and after completion of work as per
direction by Engineer-in-charge.
29. Dewatering/Pumping/Diversion of water/coffer dam etc. if required at site shall be
done by contractor at his own cost.
30. Contractor shall be liable for any damage of pipe line, sewer line/cables, OFC etc.
during the work.
31. The acceptance of bid/tender shall vest with the competent authority as per schedule
of powers in force at the time of sanction which does not bind him to accept the
lowest tender/bid and competent authority reserves the right to reject any or all of
the tenders/bids received without assigning a reason.
32. Any other conditions mention by the contractor in tender shall not be acceptable by
the undersigned and the undersigned shall have the right to the reject the
conditional tender.
33. For any legal dispute the jurisdiction will be Kota only.
34. In case of any escalation is payable then the components of the same will be as per
clause 45 of GCC-
Components Percentage of Component
Labour 22.00
HSD 2.00
All Material 38.00
OPC (Cement) 10.00
Bitumen 1.00
Mild Steel long product 27.00
Total 100.00
35. In any case escalation is not applicable during O&M.
36. The contractor is required to arrange tools and Plants /construction equipment for
execution of construction activity as per direction of engineering in charge.
37. If any type of design is required for execution of the work, cost of design will borne
by contractor.
38. Work should be executed as per RTPP act 2012 & Rule 2013.
39. Site Office For Engineer-In-Charge And Other Supervisory Staff :-
Within 30 days of award of work, contractor shall provide the 2 no. site offices with
suitable area for the Engineer-in-Charge and his staff, and CSDC consultant staff at each
WTP location. The site offices shall include necessary furniture, required office
equipment’s i.e. Telephone, Fax, photocopy, computers in required no. with color laser

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printer of latest configuration / software (MS Projects, MS Office, Primavera,


AutoCAD) and two broadband internet connections. The personnel required as follow. –
Required Period
S
Designation Nos from starting of Experiences
No
project
1 Engineer- 2 Full time Having experience of similar project
In-Charge minimum 10 year to handle the two or
more sites of similar projects as an
engineer in charge and the minimum
qualification is graduation in civil
engineering from reputed institute of
India or aboard.
2 Quality 2 Full time Having experience of similar project
Control/ minimum 3-5 year of Quality Control
Safety the minimum qualification is graduate
Engineer in civil engineering from reputed
institute of India or aboard.
3 Billing 1 Full time Having experience of similar project
engineer minimum 5-8 year to handle the two or
more sites of similar projects and the
minimum qualification is graduate in
civil engineering from reputed institute
of India or aboard.
4 Civil 4 Full time Having experience of similar project
Supervisor minimum 3-5 year to handle the two or
more sites of similar projects and the
minimum qualification is diploma in
civil engineering from reputed institute
of India or aboard.
5 Computer 2 Full time Having experience of minimum 3-5
operator year of computer job work the
minimum qualification is
graduate/diploma in any streams from
reputed institute of India or aboard.
6 Office 2 Full time Well behaved with adequate
attendants qualification

40. Minimum staff requirement during O&M but not limited to as below: -
lab assistant
Technician/

Electrician
Supervisor
Foreman /

Gardener
Sweeper

Security
Chemist

Class 4

Labour
SCADA /

Guard
Fitter

Operator
Manager
Project

Pump

As per requirement for operation and maintenance of 70 MLD & 50 MLD newly developed
water supply system round the clock.

41. The salvaged materials against stone masonry &concrete dismantling and rock
excavation will become the property of the Contractor for disposal or use in

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permanent works as deemed fit.

42. Suitable barricading shall be erected along the periphery of the site immediately
after the award of work and maintain it during execution of the work till handing
over the site to the Client. The barricading should be sufficiently strong to prevent
falling of any material on the densely populated area, located down the hill, besides
protection to the site personnel and labors working at the site. The payment of
barricading shall be made as per norms.

43. SAFETY CODE:-


The proposed works are within in city boundaries and crowded areas. It will be the
responsibility of the contractor to not only follow the safety codes but also ensure
the compliance of other instructions and needs according to the site to ensure that
no worker or by stander is harmed. All the applicable safety codes of the Bureau of
Indian Standards are to be applicable as per the specific requirements. Special
attention is invited to the following codes in their latest versions:
IS 3696 Safety Code for Scaffolds and Ladders

IS 7969 Safety Code for Handling and Storage of Building Material

IS 3764 Excavation Works – Code of Safety

IS 4081 Safety Code for Blasting and related Drilling Operations.

IS 11972 Safety precautions to be taken while entering a sewerage system

Due precautions shall be taken by the Contractor, at his own cost, to ensure the safety
and protection against accidents of all staff and Labour engaged on the works, local
residents in the vicinity of the works, and the public traveling through the works. The
contractor shall deploy one competent Safety and Accident Prevention Officer,
qualified to promote and maintain safe working practices. The SAPO shall have
authority to issue instructions and shall take protective measures to prevent accidents,
including but not limited to the establishment of safe working practices and the
training of staff and labor in their implementation. The contractor shall furnish to the
department the name and qualification of such officer before the start of the work.

The contractor/firm or company while executing the work will adopt all safety
measures at his cost to safeguard from any loss of life and damage of public and
private property. If any loss and damage is occurred, they will pay the full
compensation from their own pocket to the concern. All the consequence (legal and or
financial) will be born by the contractor only and U.I.T. will not be responsible in any
way.

The contractor/firm/company is bound to get the workmen insured against accident


from the Insurance Company at his own cost.

The contractor will pay compensation to the house owner or to the owner of any
adjoining property or any other works for the damaged sustained on account of this

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work while in progress or complete from his own pocket.

Contractor shall be the sole custodian of the men and material at work and will be
fully responsible for any loss of life or otherwise occurred during the execution of the
works.

44. Protective Clothing and Footwear

The Contractor shall, at his own expense, provide protective clothing and equipment
to all staff and labour engaged on the Works to the satisfaction of the Engineer, and
on his failure to do so the Employer shall be entitled to provide the same and recover
the cost from the Contractor. Such clothing and equipment shall include, at a
minimum, protective footwear for workmen undertaking concrete mixing work,
protective footwear and gloves for any workmen performing bituminous paving
works, protective footwear, clothing, cream, gauntlet-type gloves, hats, safety glasses
or goggles and filter masks for workmen undertaking lime stabilization works, hard
hats for workmen engaged on bridge construction, and otherwise as appropriate to the
job in hand and to the Engineer's satisfaction.

45. Pre-Construction Inspection, Testing & Review of Data for Materials, Plant &
Equipment:

The contractor shall place order for the material and the equipment only after the
approval of the Engineer-In-Charge. The Contractor shall submit the detailed
drawings for the approved manufacturer and the procedure of submission, review and
revision shall be specified herein below.

The Contractor shall inform the Engineer-In-Charge about the likely dates of
manufacturing, testing and dispatching. The Contractor shall notify the Engineer-In-
Charge for Inspection and Testing, at least twenty eight days prior to packing and
shipping and shall supply the manufacturer’s test results and quality control
certificates. The Engineer-In-Charge will decide whether he or his representative will
inspect and test the material/ equipment or whether he will approve it on the basis of
manufacturer’s certificate. The contractor shall bear all expenses towards inspection
activities including travelling expenses.

46. Contractor is responsible for third party inspection of complete work at his own cost.
Contractor will submit three names for third party agency to the Department and
department will approve a name of third party agency. Three names of third party
agency should have experience as a third party in similar nature of work in minimum
two projects. This third party agency will visit at work fortnightly minimum and will
submit the report of satisfactory work as per approved design and drawings. Payment
of civil works will be made to the Contractor after satisfactory report of third party
agency. The contractor may arrange any NIT/IIT for this work. IIT/NIT will be
exempted for above said experience.

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Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

47. Order of Preference:-

The construction of the Water Supply Project shall conform to all the relevant Codes /
Specifications / CPHEEO Manual of Water Supply Scheme etc.

After completion of work, the contractor will have to remove/dispose surplus building
material, debris as per direction and satisfaction of Engineer in charge.

48. a). Defect liability period for Civil works is three years after actual date of completion.
Refund of security deposit will be made in installments as given below after
obtaining a certificate from the Engineer-in Charge with respect to satisfactory
performance of the maintenance and repair as and when required.
After one year – 10% of SD
After two years – 10% of SD
After three years – 80 % of SD

b). Defect liability period for Mechanical, Electrical and Instrumentation work. One
year after actual date of completion. Refund of security deposit will be made after
completion of defect liability period or from the date of last removal of defect
whichever is later.

49. If bidder fails to repair or remove defects as noticed or pointed out by Engineer-in-
charge then UIT is fully authorized to do this work and the cost of expenditure will
be deducted from security deposit.

50. INTERIM PAYMENT

a) As mentioned in the Contract, each item has been divided into broad
components, the provision of measurement will be applicable only for the
assessment of value of work done for inclusion in any interim certificate for
part payment to the contractor.

b) The Engineer shall assess the value of each component as indicated in


paragraph “e” herein below.

c) Percentages are to be indicated in below tables for Payment Breakup


Schedules against each component of each item of works, based on the best
appreciation of the value of the component as related to the total costs of the
concerned item as whole.

d) If the percentage breakup as indicated in the Schedule is any different from


the bidder’s scheme and design then he should take this into account while
quoting his tender premium.

e) The contractor shall, after approval of his detailed designs and drawings,
furnish to the Engineer an initial bill of quantities of all major items referred
to as BPQPW (Bill of principal quantities of permanent works), to be
reviewed and updated periodically with the Engineer. This bill of quantity

Urban Improvement Trust, Kota Page 107 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

will be used for assessment of percentage process of the component at any


stage, by measurement jointly taken by the Engineer and the Contractor,
mutually agreed and entered in the measurement books in the form and by
the method approved by the Engineer, and signed jointly by both the parties.

f) The contractor shall give the break-up for percentage of total cost to be paid
on completion, for various other items of work, which are not given in this
schedule.

g) Disputes on interim payments shall be collectively resolved by the


Contractor, Engineer and Consultant; however, Engineer’s decision is final.

h) Method of measurement in this section overrides all other method of


measurement for works that may be given in other volume.

i) For interim payment purpose this schedule will be read in conjunction with
other schedules & Volumes & price schedule of this Volume.

j) Further, in consideration of providing clubbed rates in the Price Schedule, its


further breakup for individual items for Intermediate payments with stages of
work shall be got approved by competent authority, whose decision shall be
final and binding for the contractor. In case of illogical rates in different
Schedules the Engineering-in-Charge or competent authority can make re-
appropriation of rates for different schedules and its sub-items so as to have
total payment as per the agreed contract sum and to facilitate logical
intermittent payments during execution. Such decision taken by the
competent authority shall be final and binding for the contractor

Urban Improvement Trust, Kota Page 108 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

INTERIM PAYMENT BREAKUP SCHEDULE FOR

Table:1 - B 1: Works at Intake Pump House on the upstream of Kota Barrage on left bank of
Chambal river i.e. Thermal side

S. Payment
No. Item description breakup
BOQ item No- B 1.1
A1 Civil Work 10%
A2 Supply & installation of Electro Mechanical Works 90%
Total 100%

A1 Break up for interim payment of Civil Works (10%)


1 Layout & PCC works if any 10%
2 RCC Work for Ground Level/platform for installation 60%
3 Finishing / Installation at desired place 30%
Total 100%

Break up for interim payment of Supply & installation of


A2
Electro Mechanical Works (90%)
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 1.2


A1 Detailed study & report for distress in existing pumps 20%
Supply & installation of Electro Mechanical Works &
A2 80%
Construction of Civil if required
Total 100%

Break up for interim payment of Detailed study & report


A1
(20%)
Detailed report with suggestive measures & supported by
1 40%
software analysis
2 Vetting from NIT/ IIT 60%
Total 100%

Break up for interim payment of Supply & installation of


A2 Electro Mechanical Works & Construction of Civil if
required (80%)

Urban Improvement Trust, Kota Page 109 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

S. Payment
No. Item description breakup
Supply & Storage of equipment at Site as per suggestive
1 30%
measures
Installation / placing at desired place as per suggestive
2 50%
measures
3 Testing / Trail run / Commissioning 20%
Total 100%

Table:2 - B 2: Works at 70 MLD Water Treatment Plant at Sakatpura

Payment
S. No.
Item description breakup
BOQ item No- B 2.1 Civil Works for increasing treatment capacity from 130 MLD to
200 MLD (i.e. 70MLD) of existing WTP
A1 Inlet channel extension 5%
A2 Flash Mixture 5%
A3 Flocculators 10%
A4 Lamella Clarifiers 10%
A5 Filter Building 30%
A6 Chlorine Contact Tank 2%
A7 Filter Backwash Recycling Tank & Pump House 5%
A8 Sludge Thickener 2%
A9 Sludge Holding Tank & Pump house 2%
A10 Centrifuge Building 3%
A11 Power Control Center Room 3%
A12 Provision of interconnection with existing CWR 1%
A13 Staff Quarter, Store & Security Cabin 7%
Development of Campus, including Boundary Wall, internal
A14 10%
road, pathways Entry gates, plantation & Horticulture
A15 Miscellaneous works other than listed above 5%
Total 100%

Break up for interim payment of Civil Works items A1 to


A1 to A15
A15
On Completion of Excavation, Lean Concrete , Floor slab,
1 20%
Foundation, Column etc.
a) Excavation - 3%
b) Plain Cement Concrete - 3%
c) Foundation & Plinth Beam - 7%
d) Floor Slab / Grade Slab - 7%
2 On Completion of RCC walls / Columns 20%

Urban Improvement Trust, Kota Page 110 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
3 On Completion of 20%
a) Platform and Walkway - 10%
b) Railings / Super structure of building - 10%
4 Hydraulic / Pneumatic test 10%
5 Miscellaneous items 20%
a) Screeding / flooring - 3%
b) Plastering & Painting etc - 5%
c) Doors / Windows / Ventilators - 5%
d) Any other item (s) - 7%
6 Commissioning 10%
Total 100%
 If any particular breakup is not applicable on specific
structure then %age of that particular breakup will
distribute on balance schedule of breakups on their
weightage basis
BOQ item No- B 2.2 Mechanical Work for increasing treatment capacity from 130
MLD to 200 MLD (i.e. 70MLD) of existing WTP
A1 Inlet works 5%
Puddle collars, pipe, valves, gates including gear boxes, drive
A1.1 - 37%
monitor, flash mixer, agitators and frames etc. complete
Flow measuring system. Indicator, transmitter, flow recorder
A1.2 - 63%
etc. complete
A2 Flash Mixer, Chemical works etc. 11%
A2.1 G.I & S.S fitting GM & SS valve drains etc. complete - 04%
Levels indicators, float operated level switch, electric
operated monorail hoist, platform (bucket) stairs, reduction
A2.2 - 12%
gear boxes, base frame driving motor & arrangement control
unit etc. complete
A2.3 Tonner, electric operated gantry girder roller support,
auxiliary ton container valve and yokes isolation valves etc. - 31%
complete
A2.4 piping for neutralization basin, showersa and chlorine dosing
pipes, diffusers, copper flexible pipes etc. at all floors - 04%
complete
A2.5 Chlorinator, pump, etc. complete - 21%
A2.6 Leak detectors, pressure gauge, air breathing apparatus, etc.
- 05%
complete
A2.7 Puddle collars, pipe, valve and specials etc. for inlet and
- 11%
outlet manhole cover, checkered plate, covers etc. complete
A2.8 Float operated level switch, office-measuring device etc.
- 06%
complete

Urban Improvement Trust, Kota Page 111 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
A2.9 Lab apparatuses, furniture's etc. - 04%
A2.10 Pump motor piping for sampling - 02%
A3 Plate settler along with accessories 42%
A4 Filtration works 32%
Pipe for raw water inlet filter, outlet wash water inlet-outlet
A4.1 - 05%
and air, including puddle collar etc. complete
A4.2 HDPE pipe line and fitting etc. complete - 05%
A4.3 Valves for raw water inlet, filter outlet and wash water inlet
- 42%
outlet etc. complete
A4.4 Electric actuators for inlet-outlet backwash, wash water unlet-
- 07%
outlet and air valve etc.
A4.5 Monomatric LOH gauges, ROF indicators filter, outlet control
- 06%
gear pressure gauges etc.
A4.6 Air blower, motors and NRVs etc. complete - 22%
A4.7 Filter media etc. complete - 13%
A5 Recycling and Sludge thickening works 5%
pump sets at recycling tank sludge detention tank and pump to
A5.1 - 33%
centrifuge
A5.2 pipes to connect recycling tank, sludge detention tank, gravity
- 23%
sludge thickener, pump house and centrifuge
A5.3 2 nos. DWPE solution dozing tank including pipe to
- 11%
centrifuge valves etc.
A5.4 centrifuge - 33%
A6 Miscellaneous items / works other than listed above 5%
Total 100%
Break up for interim payment of Mechanical items / works
A1 to A 6
A1 to A6
1 Supply & Storage of equipment at Site (Unit wise) 60%
2 Installation at desired place (Unit wise) 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 2.3 Electrical & Instrumentation Work for increasing treatment
capacity from 130 MLD to 200 MLD (i.e. 70MLD) of existing WTP
A1 LV Switchboard 20%
A2 Power Cable 10%
A3 Control Cable 5%
A4 Lightning 6%
A5 Earthing 4%

Urban Improvement Trust, Kota Page 112 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
A6 Cable Trays 4%
A7 Local Push Button Station 6%
A8 Flow and Pressure Instruments 5%
A9 Level Instruments 5%
A10 PH Transmitter 5%
A11 Turbidity Transmitters 5%
A12 Chlorine Analyzer 5%
A13 Filter Consoles 15%
A14 Instrument Cables 5%

Total 100%
Break up for interim payment of Electrical &
A1 to A14
Instrumentation Works items A1 to A14
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 2.4 Civil Work for CWR (6000 KL) and CWPH CWPH (8 Nos HSC
Pumps of various duty conditions including one no. in existing pump house)
A1 Construction of CWR 60%
A2 Construction of CWPH 40%
Total 100%
A1 & A2 Break up for interim payment of Civil Works items A1 & A2
On Completion of Excavation, Lean Concrete , Floor slab,
1 20%
Foundation, Column etc.
a) Excavation - 3%
b) Plain Cement Concrete - 3%
c) Foundation & Plinth Beam - 7%
d) Floor Slab / Grade Slab / Pump foundations - 7%
2 On Completion of RCC walls / Columns 20%
3 On Completion of 20%
a) Platform and Walkway - 10%
b) Railings / Super structure of building - 10%
4 Hydraulic / Pneumatic test 10%
5 Miscellaneous items 20%
a) Screeding / flooring - 3%
b) Plastering & Painting etc - 5%
c) Doors / Windows / Ventilators - 5%

Urban Improvement Trust, Kota Page 113 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
d) Any other item (s) - 7%
6 Commissioning 10%
Total 100%

BOQ item No- B 2.5 Mechanical Work for CWR (6000 KL) and CWPH CWPH (8 Nos
HSC Pumps of various duty conditions including one no. in existing pump house)
HSC Centrifugal pump sets with LT Motor & complete in all
A1 25%
respect
A2 Resilient Seated D/F DI Sluice valves 20%
A3 Resilient Seated D/F DI Butterfly valves 20%
A4 DI dual plate check valves 11%
A5 Dismantling joint with suitable for sluice valves etc. 5%
A6 MAGNETIC FLOW METERS 12%
A7 Double flanged ISI marked DI pipes as per IS:8329-2000 2%
A8 Miscellaneous works other than listed above 5%
Total 100%
Break up for interim payment of Mechanical items / works
A1 to A 6
A1 to A8
1 Supply & Storage of equipment at Site (Unit wise) 60%
2 Installation at desired place (Unit wise) 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 2.6 Electrical & Instrumentation Works for CWR (6000 KL) and
CWPH CWPH (8 Nos HSC Pumps of various duty conditions including one no. in
existing pump house)
A1 LV Switchboards 50%
A2 Power Cable 10%
A3 Control Cable 10%
A4 Lightning 5%
A5 Earthing 2%
A6 Cable Trays 10%
A7 Local Push Button Station 5%
A8 Flow and Pressure Instrument 5%
A9 Level Instrument 3%
Total 100%
Break up for interim payment of Electrical &
A1 & A9
Instrumentation Works items A1 & A9
1 Supply & Storage of equipment at Site 60%

Urban Improvement Trust, Kota Page 114 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 2.7 PLC / SCADA for entire works for 70 MLD WTP
A1 PLC Cum instrument Panel 60%
A2 SCADA Software 40%
Total 100%
Break up for interim payment of Electrical &
A1 & A2
Instrumentation Works items A1 & A2
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

Table:3 - B 3: Works at RUIDP Raw Water Pump House at Akelgarh

Payment
S.No.
Item description breakup
BOQ item No- B 3.1
A1 Civil Work 10%
A2 Supply & installation of Electro Mechanical Works 90%
Total 100%

A1 Break up for interim payment of Civil Works (10%)


1 Layout & PCC works if any 10%
2 RCC Work for Ground Level/platform for installation 60%
3 Finishing / Installation at desired place 30%
Total 100%

Break up for interim payment of Supply & installation of


A2
Electro Mechanical Works (90%)
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

Urban Improvement Trust, Kota Page 115 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Table:4 - B 4: Raw Water Transmission Main from Intake to Shreenathpuram WTP

Payment
S.No.
Item description breakup
BOQ item No- B 4.1 Raw Water Transmission Main
Supply of pipes, valves joints etc & Storage of equipment at
A1 50%
Site
Survey & design, Excavation, Earthwork including
Dewatering , Foundation Work/ Bedding/Dressing of
A2 trenches, Back Filling and removal of Surplus earth/ malba 30%
including casing at Nallahs, provide pedestals/ thrust blocks,
laying & jointing complete work.
A3 Sectional Hydrotesting 5%
A4 Road Restoration complete work etc. 10%
A5 Trial Run & Commissioning Equipment 5%
Total 100%

Table:5 - B 5: 50 MLD WATER TREATMENT PLANT AT SHREENATHPURAM

Payment
S. No.
Item description breakup
BOQ item No- B 5.1 Civil Works for 50 MLD WTP at Shreenathpurm
A1 Inlet channel extension 5%
A2 Flash Mixture 5%
A3 Flocculators 7%
A4 Clarifiers 8%
A5 Filter Building 25%
A6 Chlorine Contact Tank 2%
A7 Filter Backwash Recycling Tank & Pump House 5%
A8 Sludge Thickener 2%
A9 Sludge Holding Tank & Pump house 2%
A10 Centrifuge Building 3%
A11 Power Control Center Room 3%
A12 Provision of interconnection with existing CWR 1%
A13 Staff Quarter, Store & Security Cabin 7%
Development of Campus, including Boundary Wall, internal
A14 10%
road, pathways Entry gates, plantation & Horticulture
A15 Road Bridge & Steel Truss bridge for crossing the Nallah 10%
A16 Miscellaneous works other than listed above 5%
Total 100%

Urban Improvement Trust, Kota Page 116 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
Break up for interim payment of Civil Works items A1 to
A1 to A16
A16
On Completion of Excavation, Lean Concrete , Floor slab,
1 20%
Foundation, Column etc.
a) Excavation - 3%
b) Plain Cement Concrete - 3%
c) Foundation & Plinth Beam - 7%
d) Floor Slab / Grade Slab - 7%
2 On Completion of RCC walls / Columns 20%
3 On Completion of 20%
a) Platform and Walkway - 10%
b) Railings / Super structure of building - 10%
4 Hydraulic / Pneumatic test 10%
5 Miscellaneous items 20%
a) Screeding / flooring - 3%
b) Plastering & Painting etc - 5%
c) Doors / Windows / Ventilators - 5%
d) Any other item (s) - 7%
6 Commissioning 10%
Total 100%

BOQ item No- B 5.2 Mechanical Work for for 50 MLD WTP at Shreenathpurm
A1 Inlet works 5%
Puddle collars, pipe, valves, gates including gear boxes, drive
A1.1 - 37%
monitor, flash mixer, agitators and frames etc. complete
Flow measuring system. Indicator, transmitter, flow recorder
A1.2 - 63%
etc. complete
A2 Flash Mixer, Chemical works etc. 11%
A2.1 G.I & S.S fitting GM & SS valve drains etc. complete - 04%
Levels indicators, float operated level switch, electric
operated monorail hoist, platform (bucket) stairs, reduction
A2.2 - 12%
gear boxes, base frame driving motor & arrangement control
unit etc. complete
A2.3 Tonner, electric operated gantry girder roller support,
auxiliary ton container valve and yokes isolation valves etc. - 31%
complete
A2.4 piping for neutralization basin, showersa and chlorine dosing
pipes, diffusers, copper flexible pipes etc. at all floors - 04%
complete
A2.5 Chlorinator, pump, etc. complete - 21%

Urban Improvement Trust, Kota Page 117 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
A2.6 Leak detectors, pressure gauge, air breathing apparatus, etc.
- 05%
complete
A2.7 Puddle collars, pipe, valve and specials etc. for inlet and
- 11%
outlet manhole cover, checkered plate, covers etc. complete
A2.8 Float operated level switch, office-measuring device etc.
- 06%
complete
A2.9 Lab apparatuses, furniture's etc. - 04%
A2.10 Pump motor piping for sampling - 02%
A3 Plate settler along with accessories 42%
A4 Filtration works 32%
Pipe for raw water inlet filter, outlet wash water inlet-outlet
A4.1 - 05%
and air, including puddle collar etc. complete
A4.2 HDPE pipe line and fitting etc. complete - 05%
A4.3 Valves for raw water inlet, filter outlet and wash water inlet
- 42%
outlet etc. complete
A4.4 Electric actuators for inlet-outlet backwash, wash water unlet-
- 07%
outlet and air valve etc.
A4.5 Monomatric LOH gauges, ROF indicators filter, outlet control
- 06%
gear pressure gauges etc.
A4.6 Air blower, motors and NRVs etc. complete - 22%
A4.7 Filter media etc. complete - 13%
A5 Recycling and Sludge thickening works 5%
pump sets at recycling tank sludge detention tank and pump to
A5.1 - 33%
centrifuge
A5.2 pipes to connect recycling tank, sludge detention tank, gravity
- 23%
sludge thickener, pump house and centrifuge
A5.3 2 nos. DWPE solution dozing tank including pipe to
- 11%
centrifuge valves etc.
A5.4 centrifuge - 33%
A6 Miscellaneous items / works other than listed above 5%
Total 100%
Break up for interim payment of Mechanical items / works
A1 to A 6
A1 to A6
1 Supply & Storage of equipment at Site (Unit wise) 60%
2 Installation at desired place (Unit wise) 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 5.3 Electrical & Instrumentation Work for 50 MLD WTP at
Shreenathpurm

Urban Improvement Trust, Kota Page 118 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
A1 LV Switchboards 20%
A2 Power Cable 10%
A3 Control Cable 5%
A4 Lightning 6%
A5 Earthing 4%
A6 Cable Trays 4%
A7 Local Push Button Station 6%
A8 Flow and Pressure Instruments 5%
A9 Level Instrument 5%
A10 PH Transmitter 5%
A11 Turbidity Transmitter 5%
A12 Chlorine Analyzer 5%
A13 Filter Consoles 15%
A14 Instrument Cable s 5%
Total 100%
Break up for interim payment of Electrical &
A1 to A14
Instrumentation Works items A1 to A14
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 5.4 Civil Work for CWR (5000 KL) and CWPH (6 Nos HSC Pumps of
various duty conditions)
A1 Construction of CWR 60%
A2 Construction of CWPH 40%
Total 100%
A1 & A2 Break up for interim payment of Civil Works items A1 & A2
On Completion of Excavation, Lean Concrete , Floor slab,
1 20%
Foundation, Column etc.
a) Excavation - 3%
b) Plain Cement Concrete - 3%
c) Foundation & Plinth Beam - 7%
d) Floor Slab / Grade Slab / Pump foundations - 7%
2 On Completion of RCC walls / Columns 20%
3 On Completion of 20%
a) Platform and Walkway - 10%
b) Railings / Super structure of building - 10%
4 Hydraulic / Pneumatic test 10%

Urban Improvement Trust, Kota Page 119 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
5 Miscellaneous items 20%
a) Screeding / flooring - 3%
b) Plastering & Painting etc - 5%
c) Doors / Windows / Ventilators - 5%
d) Any other item (s) - 7%
6 Commissioning 10%
Total 100%

BOQ item No- B 5.5 Mechanical Work for CWR (5000 KL) and CWPH (6 Nos HSC
Pumps of various duty conditions)
HSC Centrifugal pump sets with LT Motor & complete in all
A1 25%
respect
A2 Resilient Seated D/F DI Sluice valves 20%
A3 Resilient Seated D/F DI Butterfly valves 20%
A4 DI dual plate check valves 11%
A5 Dismantling joint with suitable for sluice valves etc. 5%
A6 MAGNETIC FLOW METERS 12%
A7 Double flanged ISI marked DI pipes as per IS:8329-2000 2%
A8 Miscellaneous works other than listed above 5%
Total 100%
Break up for interim payment of Mechanical items / works
A1 to A 6
A1 to A8
1 Supply & Storage of equipment at Site (Unit wise) 60%
2 Installation at desired place (Unit wise) 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 5.6 Electrical & Instrumentation Works for CWR (5000 KL) and
CWPH (6 Nos HSC Pumps of various duty conditions)
A1 LV Switchboard 20%
A2 Power Cable 10%
A3 Control Cable 10%
A4 Lightning 10%
A5 Earthing 10%
A6 Cable Trays 10%
A7 Local Push Button Station 10%
A8 Flow and Pressure Instrument 10%
A9 Level Instrument 10%

Urban Improvement Trust, Kota Page 120 CSDC


Bid Document of Augmentation of Water Supply Scheme Kota Rajasthan- Volume-I
Special Conditions of Contract

Payment
S. No.
Item description breakup
Total 100%
Break up for interim payment of Electrical &
A1 & A9
Instrumentation Works items A1 & A9
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

BOQ item No- B 5.7 PLC / SCADA for entire works for 50 MLD WTP
A1 PLC Cum instrument Panel 60%
A2 SCADA Software 40%
Total 100%
Break up for interim payment of Electrical &
A1 & A2
Instrumentation Works items A1 & A2
1 Supply & Storage of equipment at Site 60%
2 Installation at desired place 20%
3 Testing & Trial Run 10%
4 Commissioning Equipment 10%
Total 100%

Table:6 - B 6: Various sizes of Clear Water Transmission Mains


S. Payment
No. Item description breakup
BOQ item No- B 6.1 to B 6.4 Clear Water Transmission Mains
Supply of pipes, valves joints etc & Storage of equipment at
A1 50%
Site
Survey & design, Excavation, Earthwork including
Dewatering, Foundation Work/ Bedding/Dressing of trenches,
A2 Back Filling and removal of Surplus earth/ malba including 30%
casing at Nallahs, provide pedestals/ thrust blocks, laying &
jointing complete work.
A3 Sectional Hydrotesting 5%
A4 Road Restoration complete work etc. 10%
A5 Trial Run & Commissioning Equipment 5%
Total 100%

Executive Engineer
UIT Kota
Signature of the bidder………………

Urban Improvement Trust, Kota Page 121 CSDC

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