Form - B1 Rest House
Form - B1 Rest House
Form - B1 Rest House
FOR
TECHNICAL BID
EXECUTIVE ENGINEER SUPERINTENDING ENGINEER
DANG (R&B) DIVISION SURAT (R&B) CIRCLE
AHWA SURAT
GOVERNMENT OF GUJARAT
ROAD AND BUILDING DEPARTMENT
SACHIVALAYA, GANDHINAGAR
1
NOTICE INVITING ON - LINE TENDER
EXECUTIVE ENGINEER’S OFFICE, DANG (R&B) DIVISION ,AHWA
TENDER NOTICE NO. : 13 OF 2018 – 19
R & B Department invites Online Tenders for work Construction of Rest House @
Waghai, Dist.Dang
(A) Details of Tender item:
Sr. Name of Work Estimated EMD Tende Period of
No. Tender (Rs. In Rs.) r fee completion
Value (Rs.) In Rs. of Work
1. 2. 3. 4. 5. 6.
1 Construction of Rest 96,18,595.51 96,200/- 2400/- 9 (Nine)
House @ Waghai, Months
Dist.Dang
2
3.0 Digital Certificate:
3.1 Bidders who wish to participate in online tenders will have to procure / should have
legally valid Digital Certificate (Class III) as per Information Technology Act-2000
using which they can sign their electronic bids. Bidders can procure the same from
any of the license certifying Authority of India or can contact (n)code solutions- a
division of GNFC Ltd, who are licensed Certifying Authority by Govt. of India.
3.2 All bids should be digitally signed, for details regarding digital signature certificate
and related training involved the below mentioned address should be contacted:
(n)Code solutions
A division of GNFC
301, GNFC Infotower, Bodakdev,
Ahmedabad- 380 054 ( India )
Tel : +91 26857316/17/18 Fax: +91 79 26857321
E-mail: [email protected], Mobile: 9327084190, 9898589652
3.3 Bidders who already have a valid Digital certificate need not procure a new Digital
certificate.
4.0 On line Submission of Bid.
4.1 Bidders can prepare & edit their offers number of times before tender submission
date & time. After tender submission date & time, bidder cannot edit their submitted
offer in any case. No written or online request in this regard shall be granted.
4.2 Tenderer shall submit their offer i.e. technical bid as well as price bid in Electronic
format on above mentioned website & Date shown above after Digitally signing the
same.
4.3. Offers submitted without digitally signed will not be accepted.
4.4 Offers in physical form will not be accepted in any case.
5.0 Submission of Tender Fees, Bid Security and other valid Documents:
5.1 Tender Fee: Rs. 2400/- (Rupees Two Thousand Four Hundred only) by Demand
Draft in favour of "Executive Engineer, Dang (R&B) Division”Ahwa, from any
Nationalized/Scheduled Bank except Co-operative Bank. Demand draft issued after
the last date of submission of Bids will not be considered or accepted
5.2 Bid Security i.e. EMD: Rs. 96,200/- (Rupees Ninety Six Thousand Two Hundred
Only) in the form of FDR in favour of "Executive Engineer, Dang (R&B)Division,
Ahwa" from any Nationalized / Scheduled Bank except Co-operative Bank. BG shall
be valid up to 180 Days. FDR issued after the last date of submission of tender will
not be considered as valid or accepted in any case.
5.3 Other valid Documents required to be submitted by scanning:
a Registration Certificate of Approved Contractor Contractor “C” Class & Special
Cat- III Building & above [As per G.R. dtd. 6/8/2011 & 13/12/2011]
b Valid Bank Solvency Certificate for calander year 2019
c Partnership Deed (if applicable)
d Demand draft for Tender Fee & FDR for EMD
3
5.4 FDR for E.M.D. & tender fee shall be submitted in electronic format only
through online ( by scanning) while uploading the bid. This submission shall
mean that E.M.D. & tender fee are received for purpose of opening the bid.
Accordingly offer of those shall be opened whose E.M.D. & tender fee is
received electronically. However for the purpose of realization of D.D., bidder
shall send the D.D. in original to S.E, at the time of tender opening or send the
same through R.P.A.D. so as to reach to Executive Engineer, Dang(R&B)
Division,Ahwa within 7 days from the last date of opening. Penaltative action
for not submitting D.D. in original to E.E. by bidder shall be initiated and
action shall be taken for abeyance of registration and cancellation of E-
tendering code for one year as per Government Circular Dt. 27-11-2008.
F.D.R. for Exemption Certificate for E.M.D. is not necessary. However
Exemption Certificate shall have to be submitted electronically through online.
Any documents in supporting of bid shall be submitted in electronic format
only through online (by scanning) & hard copy will not be accepted separately.
5.5 The bidder shall have to submit unconditional offer without differing from any of the
tender condition..
6.0 Opening of Tender:
6.1 Opening of bid documents will be held on Date & time shown above in the office of
Superintending Engineer, (R&B) Circle, Surat, Nanpura, Opp. Dutch Garden,
Surat
6.2 Intending bidders or their representative who wish to remain present at the time of
tender opining can do so.
6.3 The offline technical evaluation of the tenders received on or before last date of
submission would be done and results will be displayed on website.
6.4 After successful completion of Technical Evaluation, price bid of only those bidders
would be opened online who are found to be substantially responsive.
7.0 Contacting Officer:
7.1 Further details/clarification if any required will be available from Executive
Engineer’s office, Dang (R&B) Division, Opp. Fuvara Circle, Ahwa Dist. Dang,
Ahwa Phone No. 02632- 244128, Fax (02632) 242897
7.2 In case bidder needs any clarification/assistance or if training required for
participating in online tender, they can contact at following office.
(n)Code solutions
A division of GNFC
301, GNFC Infotower, Bodakdev,
Ahmedabad- 380 054 ( India )
Tel : +91 26857316/17/18
Fax: +91 79 26857321
E-mail: [email protected]
Mobile: 9327084190, 9898589652
4
8.0 General instructions:
8.1 The fees for on line tender document will not be refunded under any circumstances.
8.2 EMD in the form specified in tender document shall only be accepted.
8.3 Tenders without valid Tender document, fees, Earnest Money Deposit (EMD) and
which do not fulfill all or any of the condition or submitted incomplete in any respect
will be rejected.
8.4 Conditional tender shall not be accepted.
8.5 This tender notice shall form a part of tender document.
8.6 The tenderers are advised to read carefully the "Instruction for Tenderer" and
"Eligibility Criteria" contained in the tender documents.
8.7 The Internet site address for E-Tender is http://rnb.nprocure.com and that of
corporate web site is www.nprocure.com
8.8 Free training camp for bidders will be organized on every Saturday between 4.00 to
6.00 P.M. at (n)Code solutions, A division of GNFC, 301, GNFC Infotower,
Bodakdev, Ahmedabad- 380 054 (India). Bidders are requested to take benefit of the
same.
8.9 The R&B reserves the rights to reject any or all tenders without assigning any reason
thereof.
Executive Engineer,
Dang (R&B) Division,
Ahwa
5
FORM B-1
OMD" Bv!
GUJARAT STATE ROADS & BUILDING DEPARTMENT /
WATER RESOURCE DEPARTMENT
U]HZFT ZFHI DFU" VG[ DSFG lJEFU v H/;\5l¿ lJEFU
6
ROADS & BUILDINGS/ WATER RESOURCES DEPARTMENT
1 Name of Project :-
2 Name of work :- Construction of Rest House @ Waghai,
Dist.Dang
3 Tender Dates : :-
(i) Bid Document Downloading Period :- Dt.10/06/2019 …. & …18.00. Hrs.
(iii) Venue :- :-
(iv) Last Date & Time of online :- Dt.10/06/2019 …. & …18.00. Hrs.
submission of tender
7
INDEX
Page
No.
1. NOTICE INVITING TENDERS ……………………………………………………………………….. 5
2. SECTION-1 INFORMATION & INSTRUCTIONS FOR TENDERS……………………………….. 6
3. DECLARATION FORM ………………………………………………………………………….......... 11
4. DECLARATION CERTIFICATE ……………………………………………………………………… 11
5. SECTION-2 TENDER FOR WORKS………………………………………………………………… 12
6. MEMORANDUM ………………………………………………………………………………………. 12
7. TERMS & CONDITIONS OF CONTRACT …………………………………………………………. 14
Clause 1 Security deposit …………………………………………………………………………… 14
Clause 2 Liquidated damages for delay …………………………………………………………… 14
Clause 3 Default by contractor ……………………………………………………………………… 15
Clause 4 Action when the progress of any particular portion of
the work is unsatisfactory …………………………………………………………………. 15
Clause 5 Non exercise of powers under clause 3 not a waiver ………………………………... 15
Clause 5-A Powers to seize tools, plants, machineries, materials and stores
of the contractor on invocation of clause 3 ……………………………………………… 15
Clause 6 Extension of Time limit ……………………………………………………………………. 15
Clause 7 Final Measurements and Final bill on completion of work ……………………………. 16
Clause 8 Intermediate and Final Payments ……………………………………………………….. 16
Clause 9 Payment at reduced rates ………………………………………………………………… 16
Clause 10 Bills to be submitted monthly …………………………………………………………….. 16
Clause 11 Bills and rates payable ……………………………………………………………………. 17
Clause 12 Materials to be supplied by the Department ……………………………………………. 17
Clause 12-A Consumption and return of materials supplied by the Department ………………….. 17
Clause 12-B Safe custody of materials supplied by the Department ……………………………….. 17
Clause 13 Drawings, Designs, Instructions of the Engineer-in-charge,
and specifications, order of precedence in case of discrepancies …………………… 17
Clause 14 Excess over Tender Quantities, Extra Items and Variations …………………………. 18
Clause 15 No claim to any payment or compensation for alterations or for restrictions of work.. 19
Clause 15-A No claim for delay in supply of materials by the Government ………………………… 20
Clause 16 Claims under the contract ………………………………………………………………… 20
Clause 17 Remedies for inferior or bad work, materials or workmanship
and maintenance clause …………………………………………………………………. 20
Clause 17-A Defect liability clause ……………………………………………………………………… 21
Clause 18 Work to be open for inspection-Contractor's responsible agent to be present ……… 21
Clause 19 Notice to be given before work is covered up ………………………………………….. 21
Clause 20 Damage to contract work-in-progress and damages to surrounding properties ……. 22
Clause 20-A Damages due to acts of God and unprecedented floods ……………………………… 22
Clause 21 Contractor to supply plant, ladders, scaffolding etc. and is liable for
damage arising from non provision of lights, fencing etc. ……………………………... 22
Clause 21-A Regulations for scaffolds, working platforms, gangways and stairways …………….. 23
Clause 21-B Regulations for hoisting appliances ……………………………………………………… 24
Clause 22 Measures for prevention of fire …………………………………………………………… 25
Clause 23 Liabilities to contractors for any damages done in or outside work …………………... 25
Clause 24 Compaction of Layers of works above Rs. One crores………………………………… 26
Clause 25 Deleted ………………………………………………………………………………………. 26
Clause 26 Work not to be sublet; consequences for unauthorized subletting,
bringing and becoming insolvent ………………………………………………………… 26
Clause 27 Sums payable by way of compensation to be considered as
reasonable compensation without reference to actual loss …………………………… 26
Clause 28 Changes in the constitution of firm to be notified ………………………………………. 26
Clause 29 Works to be under directions of Superintending Engineer ……………………………. 26
Clause 30 Settlement of Disputes and Arbitration ………………………………………………….. 27
Clause 31 Deleted …………………………………………………………………………………………… 27
Clause 32 Lump sums in estimates ………………………………………………………………………... 27
Clause 33 Action where no specifications ………………………………………………………………… 28
Clause 34 Definition of work ……………………………………………………………………………….. 28
8
Page
No.
Clause 35 Royalties ………………………………………………………………………………… 28
Clause 36 Compensation under the Workmen's Compensation Act …………………………. 29
Clause 36-A Liability of the contractor in case of accidents ……………………………………… 29
Clause 36-B Arrangements for personal safety requirements and first aid …………………….. 29
Clause 37 Quantities in the tender to be considered approximate
and they are subject to variations ……………………………………………………. 29
Clause 38 Employment of famine or other labour ………………………………………………. 29
Clause 39 Claim for compensation for delay in starting the work …………………………….. 29
Clause 40 Claim for compensation for delay in the execution of work ……………………….. 29
Clause 41 Entering upon or commencing any portion of work ………………………………… 29
Clause 42 Minimum age of persons employed …………………………………………………. 29
Clause 42(i)(a) The payment of fair wages etc. ………………………………………………………. 30
Clause 43 Method of payment ……………………………………………………………………. 30
Clause 43-A Set off clause …………………………………………………………………………… 30
Clause 44 Deleted ………………………………………………………………………………….. 31
Clause 45 Employment of Scarcity labour ……………………………………………………….. 31
Clause 46 Deleted ………………………………………………………………………………….. 31
Clause 47 Rates inclusive of Sales Tax ………………………………………………………….. 31
Clause 48 Employment through Employment Exchange and local labour …………………… 31
Clause 49 Fair wages ……………………………………………………………………………… 31
Clause 50 Deleted ………………………………………………………………………………….. 31
Clause 51 List of Machinery ……………………………………………………………………….. 31
Clause 52 Liabilities of contractor for idleness of Road Rollers
deployed by the Department on contract work ……………………………………… 31
Clause 53 Local labour on normal rates …………………………………………………………. 32
Clause 54 Land on Hire and rental charges ……………………………………………………… 32
Clause 55 Vaccination to labourers ………………………………………………………………. 32
Clause 56 Camp facilities to workers …………………………………………………………….. 32
Clause 57 Gum boots, hand gloves, masks etc., to labourers ………………………………… 34
Clause 58 No distinction between Harijans and other workers ……………………………….. 34
Clause 59 Price Escalation clause ……………………………………………………………….. 35
Clause 60 Fencing and Lighting ………………………………………………………………….. 37
Clause 61 Liabilities for accidents to persons …………………………………………………… 38
Clause 62 Access to site and work on site ………………………………………………………. 38
Clause 63 Reports regarding labour ……………………………………………………………… 38
Clause 64 Treasure trove ………………………………………………………………………….. 38
Clause 65 Indemnity ………………………………………………………………………………... 38
Clause 66 Insurance of labourers ………………………………………………………………… 38
Clause 67 Setting out ………………………………………………………………………………. 38
Clause 68 Cement Register ……………………………………………………………………….. 39
Clause 69 Materials and Works Test Register and Core cutting Machine….………………... 39
Clause 70 Progress Schedule ……………………………………………………………………... 39
Clause 71 Secured Advance ………………………………………………………………………. 40
Clause 72 Advance Payment ……………………………………………………………………… 40
Clause 73 Advance against machineries ………………………………………………………… 41
Clause 74 Mobilization Advance ………………………………………………………………….. 41
Clause 75 License for contract labour ……………………………………………………………. 41
Clause 76 Recovery of Testing charges and handing over empty cement bags …………….. 42
Clause 77 Recovery of Sales-tax …………………………………………………………………. 42
Clause 78 Recovery of Workers Welfare Cess.…………………………………………………. 42
Clause 79 Notice Board on Work site….…………………………………………………………. 42
Annexure-1 Declaration regarding Income Tax, Addresses etc. ………………………………… 42
Annexure-2 Basic rates considered by the contractor ……………………………………………. 43
Annexure-3 Performance bond ……………………………………………………………………… 44
Annexure-4 List of works already completed by the tenderer ……………………………………. 45
Annexure-5 List of Plant and Machinery …………………………………………………………… 45
Annexure-6 Declaration regarding works on hand ……………………………………………….. 45
Schedule 'A' Materials to be supplied from P. W. Store ………………………………………….. 46
Schedule 'B' Memorandum showing items of works to be carried out ………………………….. 47
Schedule 'C' Time Schedule of completion ………………………………………………………… 48
9
NOTICE INVITING TENDERS
1. Tenders are invited on behalf of Governor of State of the Gujarat for work as per page number one of this
Booklet. The work is estimated to cost of Rs...........................................................This estimate however, is
given as a rough guide.
2. The works are required to be completed within.......................................... months as per the terms of the
contract conditions.
3. The contractor whose names are borne of the approved list of contractors of Gujarat State R & B Deptt / W.
R. D. in .......................................................... class and above will be permitted to tender. Not more than one
tender shall be submitted by a contractor or by a firm of contractors. No two or more concerns in which an
individual is interested as a proprietor and / or a partner shall tender for the execution of the same works. If
they do so, all such tenders shall be liable to be rejected.
4. Bid documents can be downloaded & submitted in Electronic Format on online web site
www.rnb.procure.com/ www. from to upto
hours.
5. Tender documents consisting of conditions, specifications, Schedule(s) of quantities of the various classes of
work to be done, the conditions of contract etc; will be shown on above Web site.
6. Copies of other drawings and documents pertaining to tender and signed for the purpose of identification by
the Accepting Officer or his accredited representative will be open for inspection by tenderers at the following
offices during working hours between the dates mentioned in clause 4 above.
(a)………………………………………………………….. (b)...................................................................
7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of the tender. A
tenderer shall be deemed to have full knowledge of all the relevant documents samples, site etc; whether he
inspects them or not.
8. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents
and has made himself PLEASEaware of SEE DETAILED
the scope TENDER
and specification NOTICE
of the OFdone and of conditions and
work to be
rates at which stores, tools and plant E-TENDERING
etc. will be issuedSYSTEM
to him, by Government and local conditions and
other factors bearing on the execution of the works.
9. The bidder should quote his bid premium or rebate at the end of Schedule-B. If he do not wish to quote
premium or rebate, he should indicate "at par" in the blank space preceding "% above/ below" in Schedule-
B. Thereafter he should work out and indicate the offered bid amount both in words and figures in Schedule-
B.
10. All rates shall be quoted on the tender form.
11. The tender for the works shall not be witnessed by a contactor or contractors who himself / themselves
has/have tendered or who may and has/have tendered for the same works. Failure to observe this condition
shall render the tender of the contractor tendering, as well as of those witnessing the tender, liable to
rejection.
12. The Offered bids will be opened at hours on in the presence of bidders who may choose
to remain present in the office of the Bid opening Authority Specified in bid documents.
13. Demand Draft for E.M.D. & tender fee shall be submitted in electronic format only through online ( by
scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee are received for
purpose of opening the bid. Accordingly offer of those shall be opened whose E.M.D. & tender fee is
received electronically. However for the purpose of realization of D.D., bidder shall send the D.D. in original
to S.E, -------------- at the time of tender opening or send the same through R.P.A.D. so as to reach to
Executive Engineer,Dang (R&B) Division, Ahwa within 7 days from the last date of opening. If tender
fee and E.M.D. is not paid as shown in bid document, action to hold his registration in abeyance shall be
taken and his E-tendering Code will be cancelled for one year. D.D. for Exemption Certificate is not
necessary. However Exemption Certificate shall have to be submitted electronically through online.
Any document in supporting of tender bid shall be submitted in electronic format only through online (by
scanning etc.) & hard copy will not be accepted separately.
14. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to give any
reasons for the decision.
16. This notice of tender shall form part of the contract documents.
For and on behalf of Governor for the state of Gujarat
Designation ……………………………
10
Roads & Buildings / Water Resources Department
Contract for works
SECTION – 1
INFORMATION & INSTRUCTIONS FOR TENDERERS :
1.0 Mode of Submitting Tender :
The tenders shall be submitted in Electronic format only on online Web-site www.nprocure.com till the date &
time shown in Page No.2
Offers in Physical form will not be accepted in any case.
Bidders who wish to participate in online tenders will have to procure / should have legally valid Digital
Certificate (Class-III) as per Information Technology Act-2000 using which they can sign their electronic bids.
Bidders can procure the same from any of the license certifying Authority of India are as mentioned under :
Sr.No. Name of Certifying Agency Website Address
1. (n) Code solution (G.N.F.C) www.gnvfc.com
2. Safecrypt www.safescrypt.com
3. TCS www.tcs.-ca.tcs.co.in
4. MTNL www.mtnltrustline.com
2.0 Competency of Tenderer :
No contract will be awarded except to responsible bidders capable of performing the class of work
contemplated. Before the award of the contract, any bidder may be required to show that he has the
necessary facilities, experience, ability and financial resources to perform the work in satisfactory manner
within the time stipulated. Tender may be required to frnish the tender inviting authority with the statements
as to their experience and their financial status. Tenderer shall be a registrered contractor in appropriate
class of the Roads & Buildings Department or Water Resources Department of Government of Gujarat.
3.0 Tenderer to inform Himself:
Tenderer will be deemed to have inspected the site and to have satisfied himself as to the nature of all
works, all existing roads, water-way and other means of communication and access to and from the site and
work and the building that may be required for temporary purpose in connection with the construction,
completion and maintenance of the works and must make his own inquiries as to work, yard sites and depot,
and dumps and as to acquisition of such additional sites, rates and areas as may be necessary for
temporary purpose for constructing, completing and maintaining the works and availability of water for
construction activities, power, quarries and labour.
4.0 Payment of Tender Fee and Earnest Money Deposit : Demand Draft for E.M.D. & tender fee shall be
submitted in electronic format only through online ( by scanning) while uploading the bid. This submission
shall mean that E.M.D. & tender fee are received for purpose of opening the bid. Accordingly offer of those
shall be opened whose E.M.D. & tender fee is received electronically. However for the purpose of realization
of D.D., bidder shall send the D.D. in original to Superintending Engineer, -------------- at the time of tender
opening or send the same through R.P.A.D. so as to reach to Executive Engineer, Dang (R&B) Division,
Ahwa within 7 days from the last date of opening. If tender fee and E.M.D. is not paid as shown in bid
document, action to hold his registration in abeyance shall be taken and his E-tendering Code will be
cancelled for one year. D.D. for Exemption Certificate is not necessary. However Exemption Certificate shall
have to be submitted electronically through online.
Any document in supporting of tender bid shall be submitted in electronic format only through online (by
scanning etc.) (R&B Circular No. 5ZRv !_Z__( v 5 v ; dated 18-1-2008 & 27-11-08)
5.0 Payment - The tenderer must understand clearly that the rates quoted are for completed works and include
all costs due to labour, scaffolding plant, supervision, service work, power, royalties and octroi etc. and to
include all extras to cover the cost of night work if and when required and no claim for additional payment
beyond the price/rates quoted will be entertained and the tenderers will not be entitled subsequently to make
any claim on the ground of misrepresentation or on the ground that he was supplied with information given
by any person (whether the member is the employee of Public Works Department or not). Any failure on his
part to obtain all necessary information for the purpose of making his tender and filling the several prices and
rates therein shall not relieve him from any risks or liabilities arising out of or consequent upon the
submission of the tender.
6.0 Tender Forms - This form will state work to be carried out as well as the date of submitting
and opening 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 paid
by the successful tenderer and percentage, if any, to be deducted from bill. It will also
state whether a refund of quarry fees royalties, octroi dues and ground rents will be
11
granted. Copies of the specifications, designs and dawings and estimated rates, and any other docuements
required in connection with work which shall be signed by the Executive Engineer for the purpose of
identification shall also be open for inspection by Contractor at the office of the Executive Engineer duing
office hours. However Every 'blank' in the form of the e-tender and in the Schedule and Annexures must be
filled up by the tenderer and must be submitted online.
7.0 Quoting of Rates :-
The Tenderer shall quote the rate per unit for all items listed in Schedule-B in figures as well as in words.
Thereafter the system will work out the total amount of each item in Column No.7 of Schedule-B and sum up
the total at the end of column No.7 on each page and on last page of Schedule-B. After striking the total of
all items, he may give rebate if he desires on the total amount so worked out and thereafter express in the
figures, as the net amount of his offer which will be termed as "Tendered Amount"
The following rule shall apply only to the works having estimated cost above Rs.400 lacs (Rupees
Four Hundred lacs) (G.R. R&B.D No. TNC-1777-281-C, dated 30-7-1992 & PDW/3079/D-2959/part I/136
C Dtd. 24/4/2007 may be referred to)
(a) Tenderes are normally not permitted to suggest any alteration in the works specified in the tender form or in
the time allowed for carrying out the work or any other conditions of any soft. However, if it is felt necessary
by the tenderer to have any conditions, he shall have to clearly mention the same in very clear terms in the
appropriate section of technical bid. The tenderer will have to fill in necessary details online in 'technical bid'
and 'price-bid' separately. No such tender shall include more than one work but contractors who wish to
tender for two or more works shall submit a separate tender or each work online.
(b) If price-bid contains any conditions, the same shall be rejected outright.
(c) It should be very clearly understood by all the tenderers that the technical bid should be restricted only to
technical matters and conditions / stipulations having financial implications. The tenchincal and price bids
shall contain adequate cross reference wherever necessary to ensure clear and proper correlation of them
with two bids without any ambiguity whatsoever. The price bid of main tender should not be disclosed in
the tenchincal bid.
(d) The technical bid will be opened first online on …………… or any other suitable time thereafter by the
competent tender opening authority of the Government. Bidders who wish may remain present. The
tenchincal bid shall be evaluated first and wanting details, if any and clarifications in respect of conditions if
any will be called from the tenderers. In such case, the contractor will be required to submit clarification/
details (including with respect to conditions if any) within the stipulated time allowed for the purpose. If the
contractor does not furnish the wanting details / clarification in time, his tender would be liable for rejection.
(e) The conditions specified in technical bid should invariably be accompanied by proper financial evaluation
with mode of calculation specifying assumptions, quantities, rate and ceiling amounts for each condition and
shall also accompany the information in the form stating (a) Sr. No. (b) Description of the condition
(c) Financial evaluation (Vide R&B.D. G.R.No. TNC/7777/281-C, dated 30-9-92) (d) Ceilling amount to be
added in price-bid, in case condition is not accepted.
(f) Ceiling amounts shall be binding on the contractors and are liable to be added to the tender amount.
(g) The evaluation as given by the contractor as modified by tender opening authority with the ceiling limit will
then be intimated to all the bidders. No further opportunity shall be given to the contractors to modify/
withdraw conditions at that stage. After completion of evaluation of the technical bid in all respects the
competent authority will decide about date of opening of price bid and the same will be intimated to the
bidders. After opening of price bid and their evaluation the tender inviting authority reserves the right to
negotiate about the tender(s) further will any or all the contractors.
8.0 Earnest Money :-
Earnest money in specified form @ 1% of the estimated cost must be sent as specified in Instruction No. 4
preceding electronically Tenderer may pay ernest money upto Rs.50,000 in the form of Crossed Demand
Draft or fixed deposit or fixed deposit at call receipts with a validity period of not less than six months of
Nationalised or Scheduled blank or Narmada/ Shrinidhi F.D.Rs. drawn in favour of Executive Engineer/
Divisional Officer concerned. Earnest monty by cheque & Bank Gurantee shall not be accepted. (vide
R&B.D. G.R.No. TNC/ 1090/ (100) (4)-C, dated 4-11-2000). However in respect of the works estimated to
cost above Rs.50 lacs, the amount of earnest money in excess of Rs.50,000 can be offered by the
contractor, at his choice, in the form of Bank Guarantee of the Scheduled or nationalized Bank only. The
Bank Guarantee in such cases will be furnished in the following form. In such cases also, the amount of
earnest money first Rs.50,000 will be paid only in the form of crossed demand drafts or fixed deposit receipts
or deposit at call receipts worth the validity period of not less than 6 months of the natonalised or scheduled
or Narmada/ Shrinidhi F.D.Rs.
The Contractors who have secured exemption certificate for payment of earnest money by depositing Lump Sum
12
Earnest money Deposit need not pay earnest money, but produce the certified copy of the exemption
certificate alongwith the tender electronically. If the contractor does not remit the tender fee & the earnest
money within the specified time his registration will be held in abeyance for one year and his tendering code
will be cancelled for one year.
If the contractor does not turn up to pay the Security Deposit and execute contract agreement within
specified (or extended) time after intimation to him about acceptance of his offer, the earnest money paid for
this work will be forfeited and such tenderer’s tender shall be rejected and then according to aforesaid
provision of tender, action to blacklist the Contractor will be initiated without Delay. (Vide R & B D G.R. No.
Misc. -1097-90-1091/97-Z/ C dated 4-1 0-97 & Parach-102008 -5-C-partfile dated 27-11-08)
Bank Guarantee is applicable only when the estimated cost of work is more than Rs. 50 lacs.
BANK GUARANTEE
Whereas M/s. (hereinafter called the
Tenderer) is desirous and preferred to tender for works in accordance with the terms and conditions of tender for the
work of and where as We, Bank, agree to give the tenderer a guarantee for the Earnest
Money.
1. Therefore, we hereby affirm, that we are guarantors on behalf of the Tenderer up to total rupees
in words) Rs. (in figures) and
we undertake to pay to Executive Engineer Division Department of
Government of Gujarat the (name of Govt. previous
notice of judicial or to be specified), up to his first written demand, without demur, without delay and without
the necessity of a previous notice of judicial or administrative procedures and without the necessity to prove
to the Bank the defects or shortcomings or debits of the contractor any sum within the limit of Rs.
.
2. We further agree that the Guarantee herein contained, shall remain in full force and effect during the period
that would be taken for the acceptance of tender.
However, unless a demand of claim under this guarantee is made on us in writing on or before the
(Date to be specified - will not be less than 180 days from the stipulated date of
receiving the tender) we shall be discharged form all liabilities under the guarantee thereafter.
3. We undertake not to revoke the guarantee during it currency except with the previous consent of the
Executive Engineer Division in writing.
4. We lastly undertake not to revoke the guarantee for any charge in constitution of the Tenderer or of the
Bank.
13
permanent addresses of his partners/ Directors of Company. All copies submitted shall be duly attested.
(iii) Copies of certificate regarding previous experience, as required.
(iv) Declaration showing all works completed during preceding 5 years and works on hand with the Contractor
and the value of woks that remained to be executed in each case.
(v) A certificate of Registration as approved contractor of prescribed category from authorities stipulated in
Notice Inviting Tenders.
(vi) P.A.N. issued by Income-Tax Deparment.
(vii) Copy of Provident Fund Registration – Code No.
(viii) Duly filled in and digitally signed declaration form as provided after as last item of section-1 & Memorandum
duly filled in & digitally signed as given in Section-2.
(ix) A solvency certificate of an amount equal to 20 per cent of the amount of work put to tender will have to be
produced along with tender. It shall be of Scheduled bank or Nationalised bank or Bank approved for
Government business.
(x) Required Annexures duly filled in when pre-qualification is involved.
Required documents are to be submitted in electronic format only as part of tender document failing
which the tender will be rejected outright and will be considered as NON-RESPONSIVE.
10.0 Tender liable to be Invalid :
It may please be noted that the tender is liable to be considered invalid especially, if the requirements as per
Instruction No. (i) to (ix) above are not complied with.
11.0 Right of rejection of tenders.
(i) Right is reserved by the Tender Inviting Authority to reject any or all tender(s) without assigning any reason
thereof.
(ii) In addition to the above, the tender will also be liable to be rejected outright if:
(a) The tenderer proposes any alteration in the work specified or in the time allowed for carrying out the
work or in any condition.
(b) The tenderer or in the case of a firm, each partner or the person holding the power of attorney
thereof does not digitally sign section-2 or signature/s is/are not attested by a witness.
(c) Any person who submits & tender shall fill forms online including the rates of items put to tender. 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 online.
12.0 Method of Tendering:-
12.1 If the tender is made by an individual, it shall be digitally signed by the individual above his full name and
current address.
12.2 If the tender is made by a proprietary firm, it shall be digitally signed by the proprietor above his full name
and the full name of his firm with its current address.
12.3 If the tender is made by a firm of partnership, it shall be digitally signed by a parter of the firm holding the
power of attorney and digital certificate for the firm. A certified copy of the power of attorney shall be
provided in physical form along with other docuemtns. A certificed copy of the partnership deed, full name
and current address of the firm and full name and the current addresses of all the partners of the firm shall
also be provided alongwith other documents.
12.4 If the tender is made by a limited company or a limited corporation, it shall be digitally signed by duly
authorized person holding digital certificate for the company/ corporation and power of attorney for signing
the tender in which case a certified copy of the power of attorney shall be provided separately in physical
form along with other documents. Such limited Company or Corporation may be required to furnish
satisfactory evidence of its existence before the contract is awarded.
12.5 All digital signatures in the tender documents shall be dated.
13.0 Eligibility and qualification requirement.
To establish acceptability of the satisfaction of Tender Inviting Authority the tenderer shal provide the
following :
13.1 Details of plant and machinery immediately availale with tenderer for use on the works.
13.2 Details of plant and machinery proposed to be procured for the works.
14
13.3 Details of technical, supervisory and administrative personnel already employed by the tenderer that the
proposes to utilize for this work and such other personnel he proposes to employ further for the work.
13.4 Copies of registration certificate and P.A.N. allotted by income Tax Office.
13.5 Separate Notes in sufficient details on each of the following :
(i) Method and tenchnique of construction
(ii) Sequence of execution of various important components of the work;
(iii) Cash-flow arrangement
14.0 Deviation or moditications In Tender Documents:
14.1 All tenderers are cautioned that tender containing any condition and/or deviation from the contractual terms
and conditions, specifications, quoting/ offering rates/ prices in different manner than specified in the tender
and/or any other requirements of tender shall make the tender liable for outright rejection and shall be
considered as non-responsive for all practical purposes. The decision of the Tender inviting authority in this
regard shall be final and binding to the tenderer.
14.2 Alternative tenders are not acceptable.
15.0 Submission of tender
15.1 Tender shall be submitted in an online manner only on website www.rnb.nprocure.com
Last date & time of online submission Dt.10/06/2019 up to 18.00 Hrs.
15.2 Tender fee, EMD and other documents should be submitted in electronic format only through on line (by
scanning) while uploading the bid. However for the purpose of realization of D.D. the bidder shall send the
D.D. in original to Superintending Engineer Circle at the time of tender tender opening or send
the same through R.P.A.D. so as to reach Executive Engineer Division within 7 days from the last
date of opening. If Tender fee abd E.M.D. is not actual paid as shown in bid document, action to hold his
registration in abeyance shall be taken and his E-tendering Code will be cancelled for one year. (R&B. D.
Circular No. 5ZR – 102008 - 5 - ; DATED 18-1-2008 & 27-11-08)
16.0 Evaluation of Tenders
16.1 Technical evaluation will be made of the tenderer's proposed method and technique of construction,
construction programme, sequence of components of the work, proposed resources assigned to do the work
to determine the acceptability, adequacy and reasonability of rates, his past performance and present
resourcefulness.
16.2 To assist in the examination, evaluation and comparison of tender, the tender inviting authority may ask
tenderer individually for clarification of their tenders including breakdown of unit rates. The request for
clarification and response shall be in writing but no change in substance of the tender shall be sought,
offered or permitted at that stage.
16.3 Award amy be made to the tenderer whose responsive tender is determined to be the lowest evaluated
tender and who meets the appropriate standards of capacity and financial resources.
17.0 Receipt of Payments:
Receipt of payment made on account of any work, when executed by a firm shall be signed by all the
partners except where the contractors are described in their tender as firm in which case the receipt shall 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.
18.0 Opening of tenders:
The Authorised Officer / competent authority shall open tender online on website www.rnb.nprocure.com on
at hrs. or any other sutiable time thereafter, in his office in the presence of intending Tenderers
or their representative who wish to remain present at that time. He will enter the amount of the tenders in a
comparative statement in a suitable form. In the event of a tender being accepted, the contractor shall,
thereupon for the purpose of identification, sign copies of the specifications and other documents mentioned
in his tender.
19.0 General rules and directions:
19.1 No receipt for any payment made by a Contractor will be entertained by the Government in regard to any
matter relating to this tender or the contract shall be valid and binding on the Employer unless it is signed by
the Authorised staff members of the Government.
19.2 All works shall be measured net by standard measure and according to the rules and
customs of the R&B/ Water Resources Department or any other method approved by
the R&B/ Water Resources Department without reference to any local custom. The
measurements of work will be taken according to the usual method in use in the Roads & Buildings
Department and no proposal to adopt alternative method will be accepted. The Executive Engineer's
decision as to what is the usual method in use in the Roads & Building department will be final.
Signature of the Executive Engineer :
Signature of the contractor : SFI"5F,S .HG[ZGL ;CL o
S\8=FS8ZGL ;CL o
15
19.3 Under no circumstance shall any Contractor be entitled to claim enhanced rate for any item in this contract
except as provided in contract conditions.
19.4 The contractor shall not be permitted to tender for the work in which his near relative is working as the officer
in the sphere of his jurisdiction in the Tender inviting authority.
Note:- By term "near relative" is meant wife, husband, parents, children, brothers, sisters, uncles, aunts, consins,
and in laws.
19.5 The contractor should compulsority furnish his latest address(es) including the latest address of his partners
and the place(s) of filing his/their income-tax returns alongwith the tender. Any changes, in such addresses,
during the tenure of contract should invariably and forthwith be intimated by the Contractor to the Executive
Engineer.
20.0 Submission of additional information / documents:
In addition to various specified documents and information required to be submitted along with tender, the
bidder ma be required to provide any other document/ relevant information as considered necessary by the
tender inviting authority and the tenderer shall be required to provide the same as per the requirement of the
tender inviting authority. Even the successful bidder may be required to provide the same as and when
required by the authority during subsistence of the contract.
21.0 Bank:
Wherever the word "Bank" is used in the document, it would mean Schedule Bank, Nationalised Bank, IDBI
Bank, AXIS Bank, ICICI Bank, HDFC Bank and other banks approved by Reserve Bank of India to
undertake State Government Business ( F.D. G.R. EMD-SD- 102006 -1081 – DMO- 01, dated 30-3-2012)
22.0 Tender validity period
In case of single cover system tenders, the tender for the work shall remain open for 120 days counted from
the date of opening on line tenders. In case of two cover system tenders, the tender for the work shall
remain open for a period of 120 days counted from the date of opening technical bid (R&B D. G.R. No.
TNC- 10- 2013(2)- C dated 10-5-2013).
23.0 The successful contractor shall exhibit the board in prominent place of worksite showing the brief deails of
project work under execution, financier, cost of work and broad details of inputs/ specifications and targeted
goals. (R&B.D. G.Rs. No. TNC-1090-24-C dated 18-11-1991, 17-8-02 and 25-10-02)
24.0 The contractor will not use the premises of project/ work under construction for his staff, labourers or for any
other purpose. If he do so, market rent for such unauthorized used will be recovered. The marker rent will be
decided by the Engineer-in-charge.
25.0 All statutory Taxes deductible at source under various acts and notifications by Government shall be
deducted while making payment for which T.D.S. certificates shall be issued.
26.0 Declarations: The tenderer will have to make declaration enlisted in the form attached herewith and shall
affix his signature to the form in token of correctness of declaration made therein (G.R. R&B.D. No. TNC-IIB-
22 (10)-C dated 24-5-90 should be referred to)
27.0 If the tendered rate of any item is higher by more than Ten percentage of the offered tender premium or
rebate based percentage, the payment of such item/s in running bills shall be made at the sanctioned
estimated rate plus/ minus percentage of accepted tender plus five percent of canctioned estimated rate.
The amount so withheld shall be released in running bills in proportion to financial progress of items for
which abnormally low rates are tendered. If no abnormally low rates are tendered, the amount so withheld
shall be released in running bills in proportion to the progress of work. (R&B circular No. Parach- 102008-
61- C, dated 27-11-08 and of even number dated 3-5-2013)
DECLARATION FORM
(i) I/We hereby declare that I/we have visited the site and fully acquainted myself/ourselves with the local
situations regarding materials, labour and other factors pertaining to the work before submitting this tender.
(ii) I/We hereby declare that I/We have carefully studied the conditions of contract, specifications and other
documents of this work and agree for execute the same accordingly.
(iii) We agree to receive payments, if delay is due to late receipt of grant -in-aid from Government for panchyat
works. (Applicable to panchayat works only)
DECLARATION CERTIFICATE (G.R.dated 4-2-89 as revised by GR. No.TNC-1083/6681/4/C, dated 31-8-1994)
(iv) I/We hereby declare that my/our near relative are not working in this Division or in its sub-division as an Ex.
Engineer, Deputy Executive Engineer, Assistant Engineer, Additional Assistant Engineer, overseer,
Divisional Accountant, Store Keeper, Manager of Atithi / Vishram Gruha and in the circle as a Superintending
Engineer in addition for Panchayat works not working nor having posting as chairman of PW. committee or
as incumbent in Jilla Panchayat at today.
Date : ………………………
16
SECTION – 2
TENDER FOR WORKS
I/ We hereby tender for the execution for the Governor of Gujarat (hereinbefore and hereinafter referred to as
Government) of the work specified in the underwritten memorandum within the time specified in such
memorandum at Percent below/ above the estimated
rates specified in Schedule 'B' (memorandum showing item of works to be carried out) and in accordance in all
respects with the specifications, designs, drawings and instructions in writing referred to in this tender and in
Clause 13 of the annexed conditions of contract and agree that when materials for the work are provided by
Government, such materials and the rates to be paid for them shall be as provided in Schedule 'A' hereto.
VFYL C]\q VD[ VG];]lR cBc CFY WZJFGF SFDGL AFATM NXF¶JTL IFNLDF\ lGN[¶Q8 V\NFHL NZ SZTF\ ´ 8SF GLRF p\RF NZ[
IFNLDF 9ZFJ[, D]NT GL V\NZ VG[ VF 8[g0ZGL ;FY[ HM0[,L S\g8=FS8ZMGL XZTMGF B\0 !# DF\ H6FJ[,L ,[lBT lJUTM4 0LhF.GM40=M.\U VG[ ;]RGFVM VG];FZ
AWL ZFT[4 GLR[ H6FJ[,L IFNLDF\ NXF¶J[,] SFD SZJF DF8[ U]HZFTGF ZFHI5F, sH[DG[ VCL VUFp VG[ CJ[ 5KL ‘;ZSFZ’ TZLS[ H6FJ[, K[f DF8[ 8[g0Z ZH]
S~ K]\q SZLV[ KLV[ VG[ T[DF8[ ;ZSFZ TZOYL DF,;FDFG 5]ZM 5F0JFDF\ VFJ[ tIFZ[ T[ DF,;FDFG VG[ T[ DF8[ R]SJJFGF NZ ;FY[GL VG];]lR ‘S’ DF\ HMUJF.
VM SIF¶ D]HAGL ZC[X[ T[ DG[q SA], K[P
* Strike out which ever is not applicable * ,FU] G 50T]\ CMI T[ K[SL GF\BJ]\P
+ In figures as well as words ´ VF\S0F T[DH XaNMDF\
MEMORANDUM
1. General Description of work (If it includes sub As per Page No.1 Face-sheet
works, the details thereof will be given Separately)
* Vide R&B.D. G.R. No. TNC – 1088 – 1B/ 1 (13)/ C dated 4-5-1983 & revised vide G.R. No. TNC – 1088/ IB/
18/ (13) – C dated 31/8/94.
17
Deposit furnished in the form of interest bearing documents as per item 4 (i) can further be extended
for renewal if so desired and communicated by the contractor in writing before one month from the date expiry
date. Similarly cash Deposit deducts as the item No.4 (ii) can also be converted into interest bearing fixed term
securities of schedule and Nationalised Banks if so desired and communicated by the contractor in writing.
Should this tender be accepted, I/We hereby agree to abide by and fulfill all the terms and provisions of
the conditions of the contract annexued here to so far as applicable and in default therof to forefeit and pay to
Government in office the sums of money mentioned in the said conditions.
Date :-
(Occupation)
18
TERMS & CONDITIONS OF CONTRACT
CLASUE 1 : Security Deposit: 1.1. Security Deposit is required to be furnished by the contractor as guarantee
money for performance of the contract and observance of contract Conditions.
1.2 The person/persons whose tender is accepted (hereinafter called the" Contractor "which expression shall,
unless excluded by, or repugnant to the context include his Legal heirs, executors, administrators and
assignees) shall pay the total amount of Security Deposit:
(a) In respect of the tender up to Rs. Thirty Lacs, equal to 5 (Five) percent of the estimated cost of the work put to
tender.
(b) In respect of the work above thirty lacs, equal to 10 (Ten) percent of the estimated cost of the work put to tender.
1.3 In respect of the tender upto Rs. 30 lacs, the contractor shall pay five percent of security deposit in two
part as under.
Part – I :- 2.5 percent in the form of Narmada Bond of Sardar Sarovar Narmada Migam Ltd. Or in any form of
National Small Saving (N.S.S.) Schemes or F.D.R. of any Schedule Bank to be paid within 10 days from the
date of receipt of acceptance letter of his offer.
Part – II :- 2.5 percent in the form of cash/ retention money to be deducted from Running Bills that become
payable to the contractor from time to time.
1.4 In respect of the tenders above Rs. Thirty lacs, the contractor shall pay first five percent of Security
Deposit as specified in para 1.3 above and for the remaining five percent, the contractor shall have to give
Performance Bond to be produced within 10 days from the date of receipt of acceptance letter of his offer.
1.5 The work order to commence the work shall be issued only after the security deposit as per para 1.3 and
1.4 is paid/ furnished by the tenderer. If the tenderer fail to produce the security deposit as above, the earnest
money paid by him shall be forfeited and his registration shall be held in abeyance for three years from the date
of such default
1.6 All compensation, Liquidated damages or other sums or money payable by the contractor to Government
under the terms of this contract shall be deducted from or recouped by the realisation of a sufficient part of his
security deposit, or from the interest arising there from or performance bond or from any sums which may due
or may become due by Government to the Contractor on any account whatsoever and whether in respect of
this contract, any other contract, or otherwise. In the event of his security deposit being reduced by reason of
any such deduction or recoupment as aforesaid, the contractor shall within ten days thereafter, make good in
cash or in Government securities transferred as aforesaid any sum or sums required to make good the shortfall
in the amount of the security deposit.
1.7 The portion of security deposit deducted at 2.5 percent from Running Bills as retention money can be
converted into interest bearing securities or F.D.R. of Schedule Bank in the name of Executive Engineer
provided that the recovery of full amount of 2.5 % is made and that the contractor has expressly desired this in
writing.
1.8 The full amount of retention money deducted in cash from running bills will be released proportionally as
indicated in table below on production of Bank Guarantee of schedule Bank provided the contractor produces
Bank Guarantee for the period of six months beyond the stipulated period of completion of work. Further if the
time limit of contract is extended the period of Bank Guarantee shall have to be extended for six months
beyond the proposed extension of time limit and the contractor shall have to furnish the undertaking for this
alongwith the application for extension in time limit.
Table of proportionate release of retention money.
Sr. Monetary Progress Portion of retention Money to be released Against production of
Bank Guarantee of
1 25% of Tender cost Equal to the amount retained from Running Bils or Equal to the amount to
0.625 % of the estimated cost of work, whichever is be released
less
2 50% of Tender cost Equal to the amount retained from Running Bils or 1.25 Equal to the amount to
% of the estimated cost of work, whichever is less be released
3 75% of Tender cost Equal to the amount retained from Running Bils or 1.88 Equal to the amount to
% of the estimated cost of work, whichever is less be released
1.9 The contractor will have to ensure that Ten percent amount of security deposit in any form as permissible
above is kept available with the employer till the actual date of completion of work.
Fifty percentage of the security Deposit alongwith performance bond shall become refundable within
fifteen days after the final completion certificate is issued as per Clause-7. All dues under this contract, or other
contract, or otherwise shall be recovered from the aforesaid amount of fifty percentage of the said security
deposit and the balance shall be refunded within fifteen days after the final certificate is issued as per clause-7.
The remaining fifty percentage of the security deposit shall be refunded after the expiry of the Defect Liability
period as per Clause 17 and 17-A and free maintenance period, if specified after deducting therefrom the
amount of expenses, if any, due to Government under this contract. (See Performance Bond) (Modified as per
R&B Circular No. TNC-10-2013 (Part 1) C dated 19-11-2013 and GR No. TNC-10-2013-3 (Part-C) dated 20-11-
2013
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
19
CLAUSE 2 : Liquidated damages for delay :- (i) If the Contractor fails to complete the work under contract by
the stipulated date, he shall pay liquidated damages of Rs. 0.1* percentage of the contract value per day from
the date of delaying the said work up to the date of completion and handling over to the Government.
(ii) However also if the contractor fails to complete any part of the work as designed in Schedule (c) by the time
indicated against such part, he shall pay Liquidated damages per day from the date of delaying the said part of
the work up to the date of completion of the said designated part at the rates shown in the said schedule of the
contract value of such part for such failure till the said designated part is completed.
(iii) The aggregate maximum of liquidated damages payable under clause No. 2 shall not exceed Rs. 0.1
percentage of contract value per day and shall be subject to the maximum amount of ten percentage of the
estimated amount put to tender.
(iv) Delays requiring payment of ten percentage liquidated damages of the amount put to tender for performance
shall be sufficient causes for termination of contract and for forfeiture of security deposit including amount of
performance bond in respect of works estimated to cost more than Rs. 30 lacs, for performance and registration of
the contractor shall also be kept in abeyance for three years from the date as fixed in all cases. (See Schedule(C)
CLAUSE 3 : Default by Contractor: If the Contractor shall neglect or fail to proceed with the work with due diligence
or if he violates any of the provision of the Contract, the Engineer-in-charge shall give the Contractor a notice,
identifying deficiencies in performance and demanding corrective action. Such notice shall clearly state that it is given
under the provision of this clause. After service of such notice, the contractor shall not remove any plant, equipment
and material from the site. The Government shall have a lien on all such plant, equipment and material from the date
of such notice till the said deficiencies have been corrected as mentioned in the said notice.
If the contractor fails to take satisfactory corrective action within ten days after receipt of such notice, the Engineer-in-
charge on behalf of Governor of Gujarat shall terminate the contract in whole. In case, the entire contract is
terminated, the amount of security deposit and performance bond if any together with the value of the work done but
not paid for, shall stand forfeited to the Government. The plants, equipment and materials, held under this clause
shall then be at the disposal of the Government to recover the amount equivalent to the liquidated damages and
registration of the contractor shall be kept in abeyance for three years from the date as fixed in all such cases.
The Engineer-in-charge if necessary shall direct that a part or the whole of such plant, equipment and material be
removed from the site within a stipulated period. If the Contractor fails to do so, the Engineer-in-charge shall cause
them or any part of them to be sold holding the net proceeds of such sale to the credit of the Contractor. After
settlement of accounts, the lien by the Government of the contractor's remaining plant equipment and balances of
materials shall be released. Termination of the contract in whole shall be an adequate authority for the Engineer-in-
charge to demand discharge of the obligations from the guarantors of the security for the performance.
CLAUSE 4 : lf the progress of any particular portion of the work under Contract is unsatisfactory, the Engineer-in-
charge shall, notwithstanding that the general progress of the work is satisfactory, in accordance with Clause 2 be
entitled to take necessary action under Clause 3, after giving the Contractor ten day's notice in writing and the
contractor shall have no claim whatsoever for any compensation for any loss caused to him due to such action.
Clause 1,2,3, and 4 are substituted vide GR No.TNC -1091/IB-10/(11 )-C, dated 15-10-91 & modified by GR
dated 29-10-91 &G.R.NO. TNC-1088/IB/18/(13)-C dated 31-8-94 and No.TNC/10/2002/14-C, dated 28-4-03 and
10-9-03)
CLAUSE 5 : ln any case in which any of powers conferred upon the Engineer-in-charge by clause 3 hereof shall
have become exercisable and the same shall not have been exercised, the non-exercise thereof shall not constitute
a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable at any future date.
CLAUSE 5A : ln the event of the Engineer-in-charge taking action under clause 3, he may, if so desire, take
possession of all or any tools, plants, machineries, materials and stores in or upon the work 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, by paying or allowing for the same in account at the contract rate or in case of contract rates not being
applicable at such reasonable . rates, as may be comparable to current market rates where ascertainable of similar
articles and comparable condition, to be certified by the Engineer-in-charge. In the alternative the Engineer-in-charge
may by notice in writing to the contractor or his clerk of the works foreman or other authorised agent require him to
remove such tools, plants, machineries, 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 such requisition, the Engineer-in-charge may
remove them at the contractor's expense or shall remove them by auction or private sale at the risk and cost of the
contractor in all respects, and the certificate of the Engineer-in-charge as to the expenses of any such removal and
the amount of the proceeds and expenses of any such removal shall be final and conclusive against the contractor.
CLAUSE 6 : 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 any other ground he shall apply in writing to
the Engineer-in-charge before the expiration of the period stipulated in the tender or before the expiration of 30 days
from the date on which he was hindered whichever is earlier and the Engineer-in-charge may, if in his opinion,
believe that there are reasonable grounds for granting an extension, grant such extension, as he thinks necessary or
proper. The decision of the Engineer-in-charge in this matter shall be final.
B\0v& o D]NTDF\ JWFZM o SFD SZJFDF\ SM. VLGJFI¶ V\TZFI pEM YJFGF ALHF SM. SFZ6;Z SFD 5]Z] SZJF DF8[ S\g8=FS8Z D]NT JWFZM
D[/JJF DFUTF CMI TM 8[g0ZDF\ H6FJ[,L D]NT 5]ZL YFI T[ 5C[,F VFU/ H6FjIF D]HA T[ TFZLB[ T[G[ SM. V\TZFI G0IM CMI T[ TFZLB VUZTM D]NT
,\AFJL VF5JF DF8[GL DF\U6L SZJFG] SFZ6 p5l:YT YI] CMI T[ TFZLB A[ DFYL H[ JC[,L CMI T[ TFZLB #_ lNJ; 5]ZF YTF 5C[,F T[6[ SFDGF
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
20
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CLAUSE 7 : As soon as the work is completed, the contractor shall give a notice of such completion to the
Engineer-in-charge and on receipt of such notice the Engineer-in-charge shall inspect the work and if he is
satisfied that the work is completed in all respects then :-
(i) For all works costing up to Rs. 50 lakhs (amount put to tender) the final measurements shall be recorded
within 45 days from the date of physical completion of the work and the final bill shall be prepared within 45
days from the date of recording final measurement. The completion certificate shall be issued within one month
from the date of final measurements subject to the contractor fulfilling his obligation as provided in the contract
and subject to the work being complete mall respects.
(ii) In respect of works costing more than Rs. 50 lakhs (amount put on tender), the final measurements shall be
recorded within 75 days from the date of physical completion of the work and the final bill shall be prepared
within 75 days from the date of recording final measurements subject to the contractor fulfilling his obligations
as provided in the contract and subject to the work being complete in all respects.
When separate period of completion have been specified for items or groups of items, the Engineer-in-charge
shall issue, separate completion certificate for such items or groups of items.
No certificate of completion shall be issued nor shall the work be considered to be complete till the contractor
shall have removed from the premises, on which the work has been executed, all scaffoldings, sheds and
surplus materials, except such, as are required for rectification of defects; rubbish and all huts and sanitary
arrangements required for his workmen on the site in connection with the execution of the work, as shall have
been erected by the contractor for the workmen and cleared all dirt from all parts of building(s) in, upon or
around which the work has been executed or of which he may have possession for the purpose of the
execution thereof and cleared floors, gutters and drains, cased doors and sashes, oiled locks and fastenings
labeled keys clearly and handed them over to the Engineer-in-charge or his representative and made the whole
premises fit for immediate occupation or use to the satisfaction of the Engineer-in-charge. If the contractor shall
fail to comply with any of the requirements of these conditions as aforesaid, on or before the date of completion
of the works, the Engineer-in-charge may, at the expense of the contractor, fulfill such requirements and
dispose of the scaffolding, or surplus materials and rubbish etc. as he thinks fit and the contractor shall have no
claim in respect of any such scaffolding or surplus materials except for any sum actually released by the sale
thereof less the Cost of fulfilling the requirements and any other amount that may be due from the contractor. If
the expenses of fulfilling such requirements is more than the amount realised such disposal as aforesaid the
contractor shall forthwith, on demand, pay such excess. The Engineer-in-charge shall also have the rights to
adjust the amount of excess against any amounts that may be payable to the contractor.
CLAUSE 8 : No payment shall be made for any work, estimated to cost less than rupees one thousand till after
the whole of the said work shall have been completed and a certificate of completion given. But in the case of
works estimated to cost more than rupees one thousand, the contractor shall on submitting a monthly bill
therefore, be entitled to receive payment proportionate to the part of the work then approved and passed by the
Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and
conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of
advance against the final payments only and not as payments for work actually done and completed and shall
not preclude the Engineer-in-charge from requiring bad. unsound, imperfect or unskilled work to be removed
and taken away and reconstructed, or re-erected, nor shall any such payment be considered as an admission
of the due performance of the contractor or any part therefore in any respect or the accruing of any claims, nor
shall it conclude, determine, or affect in any way the power of the Engineer-in-charge as to the final settlement
and adjustment of the accounts or otherwise or in any other way vary or effect the contract. The final bill shall
be submitted by the contractor within one month of the completion of the work, otherwise the Engineer-m-
charge's certificate of the measurements and of the total amount payable for the work shall be final and binding
on all parties.
CLAUSE 9 : The rates for items of works shall be valid only when the items concerned is accepted as having
been completed fully in accordance with the sanctioned specifications. In cases where the items of work are
accepted as not so completed, the Engineer-in-charge may make payment on account of such items at such
reduced rates as he may consider reasonable in preparation of final or on account bill.
CLAUSE 10 : Bills to be submitted monthly : A bill shall be submitted by the contractor each month on or before the
date fixed by the Engineer-in-charge for all works executed in the previous month and Engineer-in-charge shall take
or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, so far as it is
21
admissible, shall be adjusted, if possible, within ten days from the presentation of the bill. If the contractor does
not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to
measure up the said work in the presence of the contractor or his duly authorised agent whose
countersignature to the measurement list shall be sufficient warrant and the Engineer-in-charge may prepare a
bill from such list which shall be binding on the contractor in all respects.
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CLAUSE 11 : The contractor shall submit all the bills on the printed forms to be had on application at the office
of the Engineer-in-charge. The charges to be made in the bills shall always be entered at the rates specified in
the agreement or at the partly reduced rates subject to the approval by the Engineer-in-charge in the case of
Items not completed/executed .as per agreements 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 rate here in after provided for such
work.
CLAUSE 12 : lf the specification of the work provides for the use of any special description of materials to be
supplied from the Departmental Store or if it is required that the contractor shall use certain stores to be
provided by the Engineer-in-charge (such materials and stores and the prices to be charged therefore as here
in after mentioned being so far as practicable for the convenience of the contractor but not so as in any way to
control the meaning or effect of this contract specified in the schedule or memorandum here to annexed) the
contractor shall be supplied with materials and stores as may be required from time to time 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 shall
be set off or deducted from any sum then deposit, or the proceeds of sale thereof. if the deposit is held in govt.
securities, the same or a sufficient portion thereof shall, in that case be sold for the purpose. All materials
supplied to the contractor shall remain the absolute property of Govt. and shall on no account be removed from
the site of the work, and shall at all time, be open to inspection by the Engineer-in-charge. Any such materials,
unused and in perfectly good condition at the time of completion or termination of the contract, shall be returned
to the Departmental store if the Engineer-in-charge so requires by a notice in writing given under his hand, but
the contractor shall not be entitled to return any such materials except with the consent in writing of the
Engineer-in-charge and he shall have no claim for compensation on account of any such material supplied to
him as aforesaid but remaining unused by him or for any wastage in or damage thereto
For materials provided in schedule-A and consumed in excess quantities, the rates provided in Schedule A
shall be increased/decreased corresponding to the increased/decrease in the new rate payable for excess
quantity as compared to the tender-rates. The rate for materials provident in extra items will be the issue rates
plus storage charge ruling on the date of issue of such quantity of materials.
CLAUSE 12A : The contractor shall be entitled to use the materials supplied by the Department only to the
extent of quantities of such materials required for execution of the work as per theoretical calculations. The
Engineer-in-charge may however, on being satisfied that a large quantity of such materials is required for the
execution of the work, permit the contractor to use such larger quantity of the materials. Such permission shall
be given in writing.
The contractor is bound to return in good condition such materials issued- in excess of the requirements so
worked out or in excess of the quantities so permitted to be used by the Engineer-in-charge, If the contractor
fails to return such extra materials within a period of 15 days from the date of the demand in writing of such
materials being made by the Engineer-in-charge, he shall be charged for the excess materials at double the
issue-rate for such materials specified in Schedule A of the contract Agreement.
CLAUSE 12B : All stores and materials such as cement, if the consumption of which exceeds 25 tons and steel
etc., supplied to the contractor by Government shall be kept by the contractor in separate godown provided with
a double lock, The key of one of the lock shall remain with the Engineer-in-charge or his agent. The godown
shall be accessible to the Engineer-in-charge or his agent at all times No materials shall be allowed to be
removed from the site of the work and any material required for the execution of the work shall be taken out
from the godown only in the presence of a duly authorised agent of the Engineer-in-charge.
CLAUSE 13 : (1) The contractor shall execute the whole and every part pf the work in the most substantial and
workman-like manner and Doth as regards materials and in other respects in strict accordance with specifications.
22
The contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in writing
for the work signed by the Engineer-in-charge. The design and the drawings shall we lodged in the office of the
site Engineer-in-charge to which the contractor shall be entitled to have access for the purpose of inspection at
such office during office hours.
Where the instructions referred to above are not contained in separate letters addressed to the contractor the
same shall be recorded in the work-order book, which shall be maintained and kept on the site of the work. The
contractor shall be required to sign such entries in the work-order book in token of having noted the
instructions. However, if the contractor fails to sign the work-order book for any reason whatsoever, the entry of
the instructions in the work-order book shall be deemed to be the due notice to him of the said instructions. The
work-order book shall be open for inspections to the contractor on the site of the work during office hours.
(2) The contractor will be entitled to receive one copy of the accepted tender along with the work order free of
cost and will also be entitled to receive three sets of contract and working drawings according to the progress of
work as and when needed, free of cost.
(3) The several documents forming the contract are essential parts of the contract and requirements occurring
in one is binding as through occurring in all. They are intended to be mutually explanatory and complimentary
and to describe and provide for a complete work.
In the event of any discrepancy in the several documents forming the contract or in any one documents, the
following order of precedence should apply:
(a) Dimension and quantities : (i) Drawings (ii) Schedule-B of the Tender form (iii) specifications.
On drawings, figures dimensions, unless obviously incorrect, will be followed in preference to scaled
dimensions.
(b) Description : (i) Schedule-B of the Tender form :- (ii) Drawings (iii) Specifications.
In the case of defective description or ambiguity, the Engineer-in-charge is entitled to issue further instructions
directing in what manner the work is to be carried out. The contractor cannot take any advantage of any
apparent error or omission in drawings or specifications and the Engineer-in-charge shall be entitled to make
corrections and interpretations as necessary to fulfill the plans and specifications.
CLAUSE 14.1 : The Engineer-in-charge shall have power to make any alterations in or addition to the original
specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during
the progress of the work and the contractor shall be bound to carry out the work in accordance with any
instructions in this connection which may be given to him in writing signed by the Engineer-in-charge and such
alternation shall not invalidate the contract and any additional work which the contractor may be directed to do
in the manner above specified as part of the work shall be carried out by the contractor on the same conditions
in all respects on which he agreed to do the main work and at the same rate as are specified in the tender for
the main work.
14.2 Except that when the quantity of any item exceeds the quantity as in the tender by more than 10% the
contractor will be paid for the quantity in excess of 10% at the rate entered in the S. O. R. of the year during
which the excess in quantity is first executed or tender rate which ever is less. (vide R&B Deptt.'s resolution No.
TNC - 10-2017–01–C dTd. 11/07/2017)
14.3 lf the additional or altered work includes any class of work for which no rate is specified in this contract,
then such class of work shall be carried out.
(i) At the rate derived from the item within the contract which is comparable to the one involving additional or
altered class of work; where there are more than one comparable items, the item of the contract which is
nearest in comparison with regard to class or classes of the work involved shall be selected and the decision of
the Superintending Engineer as to the nearest comparable item shall be final and binding on the contractor.
(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall be carried out at the
rate entered in the Schedule of Rates of the Division for the year in which the tender was received, increased or
decreased by the percentage by which the tender amount is more or less as compared to the amount arrived at
the rates in the "Schedule of Rates" of the Division in the year in which the tender was received. If the Schedule
of rates of the Division does not contain all the items, the percentage increase or decrease of the tender shall
be calculated considering such items which were included in the "Schedule of Rates" of the Division for the
year and for materials consumed on such item the rate to be charged would be the basic rate taken into
account for fixing the rate in S. O. R. referred to above, instead of the rate Stipulated in Schedule 'A'.
(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work shall be carried out at the
rate decided by the competent authorities on the basis of detailed rate analysis after hearing the contractor
before a Committee of two superintending Engineers stationed at the same place or the nearest place.
23
14.4 If the additional or altered work, for which no rate is entered in the "Schedule of Rates" of the Division is
ordered to be carried out before the rate is agreed upon, then the contractor shall within seven days of the date
of receipt by him of the order to carry out the work, inform the Engineer-in-charge of the rate, which it is his
intention to charge for such class of work and if the Engineer in charge does not agree to this rates, he shall by
notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry it out in
such manner as he may consider it advisable, provided always that if the contractor shall commence work or
incur any expenditure in regard thereof before the rates shall have been determined as lastly herein before
mentioned, then in such cases he shall only be entitled to be paid in respect of the work carried out or
expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such
rate or rates as shall be fixed by the Engineer In-charge. In the event of the dispute, the decision of the
Superintending Engineer of the Circle shall be final.
Where, however, the work is to be executed according to the designs, drawings and specifications
recommended by the contractor and accepted by the competent authority, the alternation above referred to
shall be within the scope of such designs, drawings and specifications appended to the tenders.
The time limit for the completion of the work shall be extended in the proportion that the increase in the cost
occasioned by alternations bears to the cost of the original contract work and the certificate of the Engineer-in-
charge as to such proportion shall be final and conclusive.
14.5 For excess in item of well sinking, the rates for sinking in depth beyond the designed depth shall be as
per the rate quoted by the contractor in the statement of variation. If no rates of variation in sinking are quoted
the rate payable shall be the tender rate for sinking at designed level increased by the difference of schedule of
rates for sinking at designed depth and sinking at the final depth.
CLAUSE 15 : No claim for any payment of compensation for change or restriction of work :- If at any
time after the execution of the contract documents the Engineer-in-charge shall for any reason whatsoever,
require the whole or part of the work, as specified in the tender, be stopped for any period or shall not require
the whole or part of the work to be carried out at all or to be carried out by the contractor, he shall give notice in
writing, stating the fact to the Contractor who shall thereupon suspend or stop the work totally or partially, as
the case may be. In any such case, except as provided hereunder, the Contractor shall have no claim to any
payment or compensation whatsoever except as provided hereunder 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 so derive in
consequence of the full amount of the work not having been carried out, or on account of any loss that he may
be put to on account of materials purchased or agreed to be purchased or for unemployment of labour required
by him. He shall not have also any claim for compensation by reason of any alterations having been made in
the original specifications, drawings, designs and instructions which may involve any curtailment of the work as
originality contemplated,
(1) However, the contractor will be entitled for compensation for loss, if any on the date of notice, for the
purchased materials or for the contract executed for the material to be purchased for such work. Such
compensation will be paid only for actual loss for materials, if such materials so purchased or agreed to
purchase is of required quantity/quality and was purchased / contracted to be purchased only for the same
work. But no compensation shall be granted to contractor on material for which advance has been given to
contractor by Government. The amount of loss for such claim will be decided by in charge Engineer-in-charge.
(2) The contractor also will be entitled for compensation of unemployed labourers for 7 days from the date of
notice provided that in that opinion of Engineer-in-charge such labourers were working for 7 days prior to the
notice and would not be in a position to get employment elsewhere within 7 days from the date of such notice.
The contractor should try to employ such unemployed labourers at other places from the date of such notice.
In case the Contractor does not agree with the decision of Executive Engineer regarding the amount of
compensation or loss; it will be open for the contractor to appeal to Superintending Engineer-in-charge within
one month from the date of knowledge of such decision. In such case the decision of Superintending Engineer
will be final and binding to the Contractor.
The Contractor shall not be entitled for loss of any expected profit of such work.
(Vide, G.R. No. SSR/1090/IB/247 (2)/ C, dated 28-6-1993 as amended by GR of even number dated 11-2-
1 999).
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24
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CLAUSE 15A : The contractor shall not be entitled to claim any compensation from Govt. on account of delay
by Government in the supply of materials entered in Schedule 'A' where such delay is caused by (i) Non-supply
due to short allotment of quota in case materials available under quota regulations, (ii) Difficulties relating to the
supply of railway wagon (iii) Force major. (iv) Act of God. (v) Act of the country's enemies or any other
reasonable cause beyond the control of Government. In the case of such delay in the supply of materials,
Government shall grant such extension of time for the completion of the works as shall appear to the Engineer-
in-charge to be reasonable in accordance with the circumstances of the case. The decision of the Engineer-in-
charge as for the extension of time shall be accepted as final by the contractors. (As modified Vide R& BD. G.
R. No.TNC- 1096- IB - 143 - (16) - C dated 11-1-99)
CLAUSE 16 : Time limit for unforeseen claims : The contractor shall not be entitled to any compensation
from Government on any account unless where allowed by the conditions of this contact. In such cases, the
contractor shall have to submit a claim in writing to the Engineer-in-charge within one month of the cause of
such claim occurring.
CLAUSE 17 : Action & compensation in case of bad work : If, at any time before the expiry of Defects
Liability period as detailed in Clause 17-A. It shall appear to the Engineer-in-charge or his sub-ordinate in
charge of the work that/any work has been executed unsound, imperfect or unskilled workmanship or with
materials of inferior quality 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 for or are otherwise not in accordance with the contract, it
shall be lawful for the Engineer-in-charge to intimate this fact in writing to the contractor and then
notwithstanding the fact that the work, materials or articles complained of may have been passed, certified and
paid for the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in
whole or in part as the case may require, or if so required, shall remove the materials or articles so specified in
whole or in part and provide other proper and suitable materials or articles at his own charge and cost, and in
the event of his failing to do so within a period to be specified by the-Engineer-in-charge in the written intimation
aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of the
estimate of the rectification for every day not exceeding ten days during which the failure so continues, and in
the event of any such failure as aforesaid continuing beyond ten days, the Engineer -in-charge may rectify or
remove, and re-execute the work or remove and replace the materials complained of as the case may be at the
risk and expense in all respects of the contractor. Should the Engineer-in-charge consider that any such inferior
work or materials as described above may be accepted or made use of, it shall be within his discretion to
accept the same at such reduced rates as he may fix therefore.
25
However, the contractor shall be responsible for normal maintenance of the work till the final bill for the work is
prepared by the Departmental Officer.
CLAUSE 17A : Defect liability period : Defect liability period : The contractor shall be responsible to make good
remedy at his own expense any defect which may develop or may be noticed before the period mentioned hereunder
from the certified date of completion. The Engineer-in-charge shall give the contractor a notice in writing about the
defects and the contractor shall make good the same within 15 days of receipt of the notice. In the case of failure on
the part of the contractor, the Engineer-in-charge may rectify or remove or re-execute the work at the risk & cost of
the contractor. The Engineer-in-charge shall be entitled to appropriate the whole or any part of the amount of security
deposit towards the expenses, if any, Incurred by him in rectification, removal or re-execution. The Defects Liability
period except original building works shall be as under.
(a) for all works costing upto Rs. 50,000 (amount put to tender), the period shall be 3 months from the certificated
date of completion
(b) for all works costing more than Rs. 50,000 and upto Rs. 1 crore (amount put tender) the period shall be 12
months from the certificated date of completion or one monsoon, whichever is later.
(c) for major projects costing more than Rs. 1 crore, the period shall be 36 months from the certified date of
completion or three monsoon whichever is later..
The defect liability period shall be as under for original building works:
(d)For building works other than original building works the period for (a), (b) shall be 12 months from the certificated
date of completion and (c) shall be as same as above except that time period shall be 3 years or elapse monsoon
from certified date of completion whichever is later.
(e) For original building works the defect liability period shall be three year or elapse of three monsoon period from
the certified date of completion, whichever is later.
For the purpose of deciding monsoon period, 30th September may be treated as the last date.
(Modified vide R&B Deptt. Circular No. : PAC- 11 -102008 -2076 –N 31-8-2009 and PRCH- 102013 (2076) 2759-N
dated 27-5-2013,, R&B Dept.'s Resolution No. TNC/ 10/ 2016/ Clause 17-A/Sudharo/ (1) C Dtd. 12/5/2016 )
CLAUSE 17B : Free maintenance guarantee period: The contractor shall have to give three years free
maintenance guarantee from the certified date of completion. During this period contractor shall have to repair the
damaged portion of the BT surface of road all executed items at his risk and cost as per direction of engineer – in –
As per
charge. If BT surface during separate sheet
maintenance periodattached
of 3 years is warned out then agency shall have to provide renewal
coating as per tender item as directed by engineer – in – charge. The amount equivalent to 5 % from each bill shall
be withheld and will be released after the free maintenance guarantee period(i.e. 3 years) is over.
However this amount shall be released against Fixed deposit or bank guarantee pledged in the name of Executive
Engineer after completion certificate of work is issued.
CLASUE 18 : (1) For works estimated to cost aove Rs.One crore, the contractor shall have to appoint one full time
Qualified Engineer within 15 days from the date of issue of work order under intimation to the Executive Engineer and
the Deputy Executive Engineer in charge of the work. In compliance to this condition, the contractor shall furnish the
copy of such appointement order and details of the name of Engineer, his qualifications, mark sheet and colour
photograph and the copy of jointing report of such Engineer on the site of work. If the work is commeanced before
complaying with this codition, the amount of Rs.15,000-00 per month will be recovered from the bill of the contractor
for such period. Recovery at this rate will also be made for the period the work at site is executed in absence of
Supervision of work by such Qualified Engineer. (R&B.D. Circular No. RGN 602006 (35)-C dated
31-5-07).
CLASUE 18 : (2) Work to be open to inspections - Contractor or responsible agent to be present :- All works
under or in course of execution or executed in pursuance of the contract shall, at all times be open to the inspection
and supervision of the Engineer-in-charge and his subordinates and the Contractor shall, at all times during the usual
working hours, and all other times for which reasonable notice of the intimation of the Engineer-in-charge or his
subordinate 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 that purpose. Orders given to the
contractor's duly authorised agent shall be considered to have the same force and effect as if they had been given to
the Contractor himself.
CLAUSE 18A
Employment of a qualified site Engineer by the Contractor. The Contractor shall employ full-time
technically qualified staff during the execution of this work as under :-
1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work to be executed is
more than Rs.50 lakhs.
2. One graduate & two Diploma Civil Engineers when the cost of the work to be executed is more than Rs. 15
lakhs but less than Rs. 50 lakhs.
3. Minimum two Diploma Civil Engineer when the cost of work is less than Rs. 15 lakhs but more than Rs. 5
lakhs.
26
4. Minimum one Diploma Civil Engineers for the work when the cost of work to be executed is less than Rs. 5
lakhs.The Engineer so employed for the Government work must have sufficient experience to handle the work
independently. Such an Engineer shall have to stay at the site of work and he shall not be entrusted with other
duty except this work. In case the contractor or partner of the contractor firm is a Civil Graduate Engineer,
Employment of a separate Engineer will not be necessary provided that the Engineer partner himself attends
the execution of the work on the site.
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GCLP
CLAUSE 20 : If the contractor or his workmen, or servants shall break, deface, injure or destroy any part of the
building or the work in question in/on which they may be working or any building, road, fence, enclosure or
grass-land or cultivated ground contiguous to the premises on which the works or any part thereof is being
executed or if any damage shall be done to the work from any cause whatever before damage occurred/caused
due to normal flood or rain or if any imperfections become apparent in it within three months from the grant of a
certificate of completion, final or otherwise by the Engineer-in-charge, the contractor shall make good the same
at own expenses or in default, the Engineer-in-charge may cause the same to be made good by other
contractor, and deduct the expenses (of which the certificate of the Engineer-in-charge shall be final) from any
sums that may thereafter become due to the contractor or from his security deposit or the proceeds of sale
thereof or a sufficient portion thereof.
CLAUSE 20A : Neither party shall be liable to the other for any loss or damage occasioned by or arising out of
acts of God, such as Unprecedented flood, Volcanic eruption, earthquake or other convulsion of nature and
other acts such as but not restricted to general strike, invasion, the acts of foreign countries, hostilities, or war
like operations before or after declaration of war, rebellion, military or Usurped power which prevent
performance of the contract and which could not have been foreseen or avoided by a prudent person.
Note : "Unprecedented flood" means the flood crossing the High Flood Level of the past 20 year(s) which
is on the available record.
(Modified Vide R&B.D. G.R. No.TNC - 1096 - IB - 143- (16) - C dated 11-1-99)
CLAUSE 21 : Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising from
non-provision of lights, fencing etc. : The contractor shall supply at his own cost all materials (except such
special materials if any, as may, in accordance with the contract to be supplied from the Public Works
Department Stores), plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding, and any
temporary works which may be required for the proper execution of the work whether in the original, altered or
substituted form and whether included in the specifications, or other documents forming part of the contract or
referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying
with requirements of the Engineer-in-charge as to any matter or to which under these conditions he is entitled
to be satisfied or which he is entitled to require together with carriage therefore to and from the work. The
contractor shall also supply without charge the requisite number of persons with the means and materials
necessary for the purpose of settings out works and counting, weighing and assisting in the measurement or
examination at any time and from time to time, of the work or the materials, failing this, the same may be
provided by the 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 proceeds of sale thereof or
of a sufficient portion thereof. The contractor shall provide all necessary fencing and lights required to protect
the public from accident and shall also be bound to bear' expenses of defense of every suit, action or other
legal 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 or proceedings
to any such person, or which may, with the consent of the Contractor, be paid in compromising any claim by
any such person.
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:Y/[ S[ tIFYL VgI :Y/[4 B[RFD6 ;lCT ZH] SZFJJFGM T[G[ CS CMI T[JM AWM DF,;FDFG4 %,Fg84 VMHFZM4;FDU|L4;FWGM4;L0LVM4 UZU0LVM4 5F,BM4 SFD
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27
;FWGM VG[ DF,;FDFG ;lCT HM.TL ;\bIFDF\ DF6;M4 SM.56 BR[¶ SZFJL ,LWF lJGF4 S\g8=FSF8Z[5]ZF 5F0JFGF ZC[X[P VFD G SZTF T[ V\U[GL HMUJF.
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CLAUSE 21A : The Contractor shall provide suitable scaffolds and working platforms, gangways and
stairways, and shall comply with the following regulations in connection therewith.
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5F,G SZJFG] ZC[X[P
(a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely done from a ladder or by
other means.
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(b) A scaffold shall not be constructed, taken down or substantially altered except -
(i) Under the supervision of a competent and responsible person.
b(ii) appointed by contractor and by competent workers possessing adequate experience in this kind of work.
sBf s!f SFI¶1FD HJFANFZ jISlT GL N[BZ[B C[9/ T[ l;JFI 4
sZf S\g8=FSF8Z äFZF lGDFI[, VG[ VG]EJ WZFJTF SFI¶1FD SFDNFZM äFZF YT] CMI T[ l;JFI 4 SM.56 5F,S AF\WJL GCL pTFZJL GCL S[ T[DF DCtJGF O[ZOFZ
SZJF GCL
(c) All scaffolds and appliances connected therewith and all ladders shall -
sUf AWL 5F,BM VG[ T[GL ;FY[ ;\S/FI[, ;FDU|L VG[ AWL H ;L0LVM
(i) be of sound material s!f DHA]T RLHJ:T]GL AG[,L CMJL HM.V[P
(ii) be of adequate strength having regard to the loads and strains to which, they will be subjected, and,
sZf T[GF 5ZGF VFJGFZ JHG VG[ 3;FZFG[ BDL XS[ T[8,L DHA]T CMJL HM.V[ 4 VG[
(iii) be maintained in proper condition s#f T[G[ ;FZL l:YlTDF\ ZFBJFGL ZC[X[P
(d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.
s3f 5F,BM V[JL AF\WJFGL ZC[X[ S[ ;FDgI J5ZFXYL T[GM SM. 56 EFU K]8M 50L G HFIP
(e) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.
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(f) Before installing the lifting gear on scaffolds, special precaution shall be taken to ensure the strength and
stability of the scaffolds.
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(g) Scaffolds shall be periodically inspected by a competent person.
sHf SFI¶1FD jISlT äFZF JBTMJBT 5F,BMGL T5F; SZJFGL ZC[X[P
(h) Before allowing a scaffold to be used by his workmen, the Contractor shall, whether the scaffold has been
erected by his workmen or not, take steps to ensure that it complies fully with the regulation herein
specified.
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lJlGIDM VG];FZ AFZAZ CMJF AFATGL BFTZL SZJFGL ZC[X[P
(i) Working platforms, gangways shall-
(i) be so constructed that no part thereof can dug unduly or unequally,
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s!f T[GM SM.56 EFU JW] 50TM S[ V;DFG ZLT[ h]SL G HJM HM.V[P
(ii) be so constructed and maintained having regard to the prevailing conditions as to reduce as far as
practicable risks of persons tripling or slipping and -
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(iii) be kept free from any unnecessary obstruction.
28
s#f NZ[S SFRF DF\R0F VG[ HJF VFJJF DF8[GF 5F8LIF SFDGL HuIF VG[ ;L0LVMG[ IMuI S9[ZF CMJF HM.V[P
(j) In the case of working platforms, gangways working places and stairways at a height exceeding 2.00
meter (to be specified)
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(i) every working platform and every gangway shall be closely boarded unless other adequate measures are
taken to ensure safety.
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(ii) every working platform and every gangway shall have adequate width, and
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(iii) every working platform, gangway, working place and stairway shall be suitably fenced
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(k) Every opening in the floor of a building or in a working platform shall, except for the time and to the extent
required to allow the access of person or the transport or shifting of materials be provided with suitable
means to prevent the fall of persons or material.
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5ZGL 5|tI[S B]<,L HuIF 5Z V[JF IMuI ;FWGM D]SL ZFBJF S[ H[YL SM. DF6; S[ DF,;FDFG 50L G HFIP
(I) When persons are employed on a roof where there is danger of falling from a height exceeding 3.00 ( to
be specified) meters suitable precaution shall be taken to prevent the fall of persons or material.
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50L G HFI T[ DF8[ ;FJR[TL GF IMUI 5U,F ,[JFGF ZC[X[P
(m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from
scaffold or other working places.
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(n) Safe means of access shall be provided to all working platforms and other working places.
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CLAUSE 21B : The contractor shall comply with the following regulations as regards the hoisting appliances to
be used by him-
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(a) Hoisting machines and tackle including their attachments, anchorages and supports shall –
sSf JHG pRSJFGF I\+M VG[ UZU0L JF/F I\+4 T[DGL ;FY[GF HM0F6M4 ,\UZ DF8[GF ;FDFG VG[ 8[SF GLR[ D]HGF CMJF HM.V[P
(i) be of good mechanical construction, sound material and adequate strength and free from patent defect,
and
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(ii) be kept in good repair and in working order.
sZf ;FZL N]Z:T CF,TDF\ VG[ RF,] l:YlTDF\ ZFBJF HM.X[P
(b) every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable quality
and adequate strength and free from patent defect.
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lJGFG] CMJ] HM.V[P
(c) Hoisting machines and tackles shall be examined and adequately tested after erection on the site and
before use and be re-examined in position at intervals to be prescribed by Engineer-in-charge.
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T[DH CJF,GF .HG[Z lGIT SZ[ T[JF ;DIF\TZ[ UM9J[,L l:YlTDF\ T[GL O[Z T5F; SZJFGL ZC[X[P
(d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a
means of suspension shall be periodically examined.
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(e) Every crane driver or hoisting - appliance operator shall be properly qualified.
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29
(f) No person who is below age of 15 years shall be in control of any hoisting machine, including any
scaffolds, nor shall give signals to the operator.
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XSFX[ GCLP
(g) In the case of every hoisting machine and of every chain, ring hook, shackle, swivel and pulley block
used in hoisting or lowering or as a means of suspension the safe working load shall be ascertained by
adequate means.
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GS]RF VG[ 5],La,MSGL ;,FDT ZLT[ JHG pYFJJFGL XlST S[8,L K[ T[ IMuI ;F GM J0[ GSSL SZJFG] ZC[X[P
(h) Every hoisting machine and all gears referred to in preceding regulation shall be plainly marked with the
safe working load.
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(i) In the case of hosting machine having a variable safe working load, each sate working load and conditions
under which it is applicable shall be clearly indicated.
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NXF¶JJFG]\ ZC[X[P
(j) No part of any hoisting machine or gear referred to in regulation 'g' above shall be loaded beyond the safe
working load except for the purpose of testing.
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JW] JHG ,F0J] GCLP
(k) Motors, gears, transmissions, electric wiring and other dangerous parts of hoisting appliances shall be
provided with sufficient safeguards.
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(I) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the
accidental descent of the load.
s-f SM. JHG VS:DFT GLR[ ;ZSL 50[ T[J] HMBD VMKFDF\ VMK] ZC[ T[ 5|SFZGL SM. ;IJ0 JHG pRSJFGF ;FWGDF\ SZJFGL
ZC[X[P
(m) Adequate precautions shall be taken to reduce to minimum the risk of any part of a suspended load
becoming accidentally displaced.
sTf ,8STF ZFB[, JHG DFYL SM.56 EFU VSF:DT K]8M 50L HJFG] HMBD VMKFDF\ VMK] ZC[ T[ DF8[ 5]ZTL ;FJR[TL ZFBJFGL ZC[X[P
CLAUSE 22 : Measures for Prevention of Fire : The contractor shall not set fire to any standing jungle, trees,
bush wood or grass without a written permit from the Engineer-in-charge.
When such permit is given, and also in all cases when destroying cut or dug up tress, bush wood, grass etc. by
fire, the contractor shall take necessary measures to prevent such fire spreading to or other-wise damaging
surrounding property. When such permit is given, and also in all cases when destroying cut or dug up tress,
bush wood, grass etc. by fire, the contractor shall take necessary measures to prevent such fire spreading to or
other-wise damaging surrounding property.
CLAUSE 23 : Liability of contractors for any damages done in or outside work area : Compensation for all
damage done intentionally or unintentionally by Contractor's labourers whether in or beyond limits of
Government property including any damage caused by the spreading of fire mentioned in the clause 22, shall
be estimated by the Engineer - in - charge, or such other Officer as he may appoint and the estimates of the
Engineer-in-charge, subject to the decision of the Superintending Engineer, on appeal shall be final and the
contractor shall be bound to pay the- amount of the assessor compensation on demand, failing which the same
will be recovered from the Contractor as damages in the manner prescribed in clause 1 or deducted by the
Engineer-in-charge from any sums that may be due or become due from Government to the contractor under
this contract or otherwise.
B\0vZ# SFDGF lJ:TFZ VYJF T[GF ACFZ YI[, SM.56 G]SXFG DF8[ S\g8=FS8Z HJFANFZ CMJF AFAT o B\0 ZZ DF\ H6FjIF 5|DF6[ VFU
5|;ZJFYL YI[, SM.56 G]SXFG ;lCT S\g8=FS8ZGF DH]ZMV[ .ZFNF5]J¶S S[ VHF6TF ;ZSFZL lD,STGL CNGL V\NZ S[ ACFZ SZ[,F AWF H G]SXFGGF
J/TZGM V\NFH CJF,F .HG[Z VYJF V[D6[ GLD[,F ALHF SM. VlWSFZL SF-X[ VG[ CJF,FGF .HG[ZGM VF V\NFH4V5L, YI[4VlW1FS .HG[ZGF
R]SFNFG[ VFlWG4 VFBZL U6FX[ VG[ DF\U6L SZTF VFSFZFI[,L J/TZGL T[JL ZSD R]SJJF DF8[ S\g8=FS8Z A\WFI[, ZC[X[ VG[ T[D SZJFDF\ S;]Z SZX[ TM
T[JL ZSD B\0 v! DF\ 9ZFJ[, ZLT[ G]SXFGL TZLS[ S\g8=FS8Z 5F;[ YL J;], SZJFDF\ VFJX[ VYJF VF S\g8=FS8Z C[9/ VgIYF ;ZSFZ
30
5F;[ ,[6L YTL S[ CJ[ 5KL ,[6L YFI T[JL ZSD DFYL CJF,FGF .HG[Z SF5L ,[X[P
The Contractor shall bear the expenses of defending any action or other legal proceeding that may be brought
by any person for injury sustained by him owing to neglect of precautions to prevent the spread of the fire and
he shall also pay the damages and cost that may be awarded by the court in consequence.
VFU 5|;ZTL V8SFJJF ;F~ ;FJR[TLGF 5U,F ,[JFDF YI[,L A[NZSFZLG[ 5lZ6FD[ SM. jISlTG[ YI[, .HF DF8[ SM. 5U,F ,[ S[ ALÒ SFG]GL SFI¶JFCL SZ[
TM T[GL ;FD[GF ARFJG] BR¶ S\g8FS8Z[ EMUJFG] ZC[X[ VG[ T[JL SFI¶JFCLG[ 5lZ6FD[ SM8¶ TZOYL R]SFNM VF5TF T[ G]S;FGGL VG[ BR¶ EZJFG] YFI T[D6[
R]SJJFG] ZC[X[P
CLAUSE 24 : ~l5IF V[S SZM0YL JW] ZSDGF JF.0GL\U VG[ :8[=gWGL\UGF SFDMDF\ NZ[S :TZG]\ SMd5[SXG jIJl:YT ZLT[ YFI T[ DF8[ GLR[GL SFI"JFCL
VG];ZJFGL ZC[X[Po
Z$P! Z:TFGL SZJFGL 5CM/F.DF\ WFZFWMZ6 D]HA SMd5[SXG YFI T[ DF8[ A[AL ZM,Z OZHLIFT ,FJL SMd5[SXG SZJFG]\ ZC[X[P
Z$PZ VFJF SFDMDF\ NZ[S :TZG]\ SMd5[SXG WFZFWMZ6 D]HA YI]\ K[4 T[GL NZ[S ,[IZ[ OZHLIFT56[ 0[g;L8MDL8ZYL U|L0 5|DF6[ YIFGL RSF;6L
.HFZNFZ[ SZL T[G]\ ZHL:8Z lGEFJJFG]\ ZC[X[P VFJ; RSF;6L ;\A\lWT GFIA SFI"5F,S .HG[ZzL4 DNNGLX .HG[Zq VlWS DNNGLX .HG[ZzLV[ 56
SZJFGL ZC[X[P .HFZNFZ[ SZ[, SFDGL 0[g;L8L 5]Z[5]ZL D?IF AFN H lS,IZg; V5FI VG[ tIFZAFN H ALHF ,[IZGL SFDULZL CFY WZFI T[ HMJFG]\ ZC[X[P
sDFPDP lJEFU 5lZ5+ G\P o V[; V[; VFZP !_v Z__(v!(v;LP TFP !#v!_v_( VG[ ;DFG S|DF\S TFP Z#v$v_)f sDFPDP lJEFU 5lZ5+ G\P o
V[; V[; VFZP !_v Z_!*v5_v;LP TFP Z)v(v!*f
CLAUSE 25 : Deleted.
CLAUSE 26 : Work not to be sublet. Contract may be rescinded and security deposit forfeited for
subletting it without approval or for bribing a public officer or if contractor becomes insolvent : The
contract shall not be assigned or sublet without the written approval of the Engineer-in-charge. And if the
contractor shall assign or sublet his contract or attempt to do so or become insolvent or commence any
proceeding to get himself be adjudicated an insolvent or make any compromisation with his creditors, or
attempt to do so, the Engineer-in-charge may, by notice in writing rescind the contract. Also if any bribe,
gratuity, gift, loan, perquisite, 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 contract, the Engineer-in-charge may thereupon by notice
in writing rescind the contract. In the event of contract being rescinded, the security deposit of the contractor
shall thereupon stand forfeited and be absolutely at the disposal of Government and the same consequence
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.
B\0vZ& AF\WSFD 5[8F EF0[ G VF5JF AFATP D\H]ZL JLGF 5[8F EF0[ VF5JFYL VYJF ;ZSFZL VlWSFZLG[ ,F\R VF5[ DF8[ VYJF
S\g8=FS8Z GFNFZ YI[YL S\g8=FS8Z ZN YFI VG[ HFDLG VGFDT H%T YJF AFAT o CJF,F GF .HG[ZGF l,lBT 5ZJFGUL l;JFI S\g8=FS8Z
SM.G[ V[;F.G SZL XSX[GCLP VG[ S\g8=FS8ZT[DGM S\g8=FS8Z V[;F.G SZX[ VYJF 5[8FEF0[ VF5X[ S[ T[D SZJFGM 5|ItG SZX[ S[ GFNFZ AGX[ S[
5MTFG[ GFNFZ SZFJJF DF8[GL SM. SFI¶JFCL S[ 5MTFGF ,[6FNFZM ;FY[ SM. 58FJT SZX[ S[ T[D SZJFGM 5|ItG SZX[ TM CJF,FGF .HG[Z l,lBT GM8L;
VF5LG[ S\g8=FS8Z ZN SZL XSX[ J/L S\g8=FS8Z S[ T[DGM SM. GMSZ S[ V[Hg8 ;ZSFZL VlWSFZLG[ VYJF ;ZSFZL GMSZLDFGF SM. 56 jISlT G[ T[GF
CMN°F S[ GMSZLGL ~V[ SM. 56 5|SFZGL ,F\R4 Al1F;4E[84 VG],FE .GFD S[ VFlY¶S ALHF SM. 5|SFZGF ,FE 5|tI1F S[ 5ZM1F ZLT[ VF5X[4 VF5JFG]
JRG VF5X[ S[ VF5JFGL T{IFZL ATFJX[ VYJF VFJF SM. VlWSFZL S[ jISlT 5|tI1F S[ 5ZM1F ZLT S\g8=FS8DF\ lCT WZFJTF YX[ TM CJF,FGF .HG[Z
l,lBT GM8L; VF5LG[ S\g8=FS8 ZN SZL XSX[ VFJL ZLT[ S\g8=FS8 ZN YTF S\g8=FS8GL HFDLG VGFDT H%T YI[, U6FX[ VG[ T[ ;\5]6¶56[ ;ZSFZ C:TS
ZC[X[ VG[ VF SZFZGF B\0v # C[9/ HF6 SZ[ S[S\g8=FS8 ZN SZJFDF VFjIM CMI T[JF H T[GF 5lZ6FDM VFJX[ VG[ JW]DF\ S\g8=FS8 C[9/ BZ[BZ SZ[,F
SM.56 SFD DF8[ SM. ZSD J;], SZJFG S[ R]ST[ ,[JFGM CSS ZC[X[ GCLP
CLAUSE 27 : Sums payable by way of compensation to be considered as reasonable compensation
without reference to actual loss : All sums payable by a contractor by way of compensation under any of
these conditions shall be considered as a reasonable compensation to be applied to the use of Government
without reference to the actual loss or damage sustained and whether any damage has or had not been
sustained.
B\0vZ* BZ[BZ UI[, BM8G[ ,1FDF\ ,LWF l;JFI J/TZ~5[ R]SJFGL YTL ZSDG[ jIFHAL U6JF AFAT o BZ[BZ BM8 S[ G]SXFGG[ ,1FDF\ ,LWF
l;JFI VG[ SM. G]SXFG YI] CMI S[ G YI] CMI TM 56 VF XZTMDFGL SM.56 XZT C[9/ S\g8=FS8Z[ J/TZ~5[ R]SJJFGL YTL TDFD ZSDG[ jIFHAL J/TZ
U6JFDF\ VFJX[ VG[ T[ ;ZSFDF\ p5IMUDF\ ,[JFX[
CLAUSE 28 : Change in the constitution of firm to be notified : In the case of a tender by partners, any
change in the constitution of a firm shall be forthwith notified by the Contractor to Engineer-in-charge for his
information.
B\0vZ( 5[-LGF A\WFZ6DF\ SM. O[ZOFZ YI[ T[GL HF6 SZJF AFAT o EFULNFZMV[ 8[g0Z EI]¶ CMI T[ S[;DF\ 5[-LGF\ A\WFZ6DF\ SM. O[ZOFZ YTF
S\g8=FS8Z[ CJF,FGF .HG[ZG[ T[DGL HF6 VY[¶ T[JF OZOFZ V\U[ TZT DlCTUFZ SZJFGF ZC[X[P
CLAUSE 29 : Works to be under directions of Superintending Engineer : All works to be executed under
the contract shall be executed under the direction and subject to the approval in all respects of Superintending
Engineer of the Circle for the time being, who shall be entitled to direct at what point or points and in what
manner they are to be commenced and from time to time carried on.
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
31
B\0vZ) VlW1FS .HG[ZGL SM. ;]RGF C[9/ SFDM SZJF AFAT o S\g8=FS8Z C[9/ SZJFGF AWFH SFD ;S¶,GF H[T[ JBTGF VlW1FS .HG[ZGL ;]RGF C[9/
TDFD AFATM DF8[ T[DGL D\H]ZLG[ VFlWG ZCLG[ SZJFGF ZC[X[PVF SFD SIF :Y/[ S[ :Y/MV[ VG[ S[JL ZLT[ X~ SZJF JBTM JBT S[JL ZLT[ VFU/ W5FJJF T[
V\U[ ;]RGF VF5JF VlW1FS .HG[Z CSSNFZ ZC[X[P
CLAUSE 30 : (1) Disputes to be referred to Tribunal : The disputes relating to this contract, so far as they
relate to any of the following matters, Whether such disputes arise during the progress of the work or after the
completion or abandonment thereof, shall be referred to the Arbitration Tribunal, Gujarat State.
(i) The rates of payment under clause 5 for any tools, materials and stores, in or upon the works of the site
thereof or belonging to the contractor or procured by him and intended to be used for execution of the work or
any part thereof possession of which may have been taken by the Engineer-in-charge under the said clause -
5.
(ii) The reduction in rates made by the Engineer-in-charge under clause 9 from the items of works not accepted
as completed fully in accordance with the sanctioned specifications.
(iii) The rate of payment for any class of work which is included in the additional or altered work carried out by
the contractor in accordance with the instructions of the Engineer-in-charge under clause 14 and the rates for
which is to be determined under the said clause 14.
(iv) The rates of payment for materials already purchased or agreed to-be purchased by the contractor before
receipt of notice given by the Engineer-in-charge under clause 15, and/or the amount of compensation payable
to the contractor under the said clause for loss in respect of such materials.
(v) The amount of compensation which the contractor shall be liable to pay under clause 17 in the event of his
failure to rectify, remove or reconstruct the work within the period specified in the written intimation or the
amount of expenses incurred by the Engineer-in-charge under the said clause 17 in rectifying, removing or re-
executing the work or in removing and replacing the materials or articles complained of.
(vi) The reduction of rates as may be fixed by the Engineer-in-charge under clause 17 for the inferior work or
materials as accepted or made use of.
vii) The amount of compensation payable by the contractor for damages as estimated and assessed under
clause 23.
(viii) The amount payable to the contractor for the work carried out under clause 33 in accordance with the
instructions and the requirements of the Engineer-in-charge in a case where there are no specifications.
(2) The provision of Section-21 of the GPWD dispute Arbi. Tribunal Act-92 & order issued by the Govt. in
connection with this Act will now apply for Arbitration (As per Government in N. & W.R.D. letter No. SUT/ 1090/
2679/ K2 dtd. 9/2/94.
(3) The provision of Arbitration Act., shall in so far as they are inconsistent with the provision of this act. cease
of to apply to any dispute arising from a works contract and all arbitration proceedings in relation to such
dispute before an arbitrator, court of authority shall stand transferred to the Tribunal.
(4) The awards declared by the arbitrator should be speaking award, giving reasons and calculations for every
item of claims. The decision will have to be implemented by all the departments of the State Government and
Public Sector Enterprises of Gujarat. (Resolution F.D.No. PB/1088/735/KT/Sachivalaya/Gandhinagar 5th
October 1988.)
(5) Incase of dispute leading to the contractor or Government of Gujarat approaching to Court of Law, It shall
be within the jurisdiction where the site of work is situated.
(6) The reference to arbitration proceeding under this clause shall not:
(i) affect the right of the Engineer-in-charge under clause 5 to take possession of all or any tools, plants,
materials and stores in or upon the works of site thereof belonging to the contractor or procured by him and
intended to be used for the execution of the work or any part thereof.
(ii) Preclude the Engineer-in-charge from utilizing the materials purchased by the contractor in any work or from
removing such materials to other places, during the period the work is stopped or suspended in pursuance of
notice given to the contractor under clause 15.
(iii) Entitle the contractor to stop the progress of the work or the carrying out the additional or altered work in
accordance with the provisions of clause 14 or as the case may be, of clause 33.
CLAUSE 31 : Deleted.
CLAUSE 32 : Lump sum in estimates : When the estimate on which a tender is made includes lump
sum in respect of part of the work, the contractor shall be entitled to payment in respect of the items
of work involved or the part of the work in question at the same rates as are payable under this
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, as his discretion, pay the
32
lump sum amount entered in the estimate and the certificate in writing of the Engineer-in-charge shall be final
and conclusive against the contractor with regard to any sum or sums payable to him, under the provisions of
this clause.
B\0v#Z V\NFHDFGL prRS ZSDM o H[ V\NFHGF VFWFZ[ 8[g0Z T{IFZ SZJ] CMI T[DF HM SFDGF VD]S EFUM V\U[ prRS ZSDGM ;DFJ[X YTM CMI TM VFJL
AFATM DF8[ VF S\g8=FS8 C[9/ R]SJJF5F+ CMI T[H NZ[4 YI[, SFDGL AFATM DF8[ pST SFDGF SM. EFU DF8[ R]SJ6L D[/JJF S\g8=FS8Z CSSNFZ ZC[X[P VYJF
CJF,FGF .HG[ZGF DT[ pST SFDGF T[ EFUG] DF5 ,. XSFI T[D G CMI TM CJF,FGF .HG[Z 5MTFGF :JlJJ[S VG];FZ V\NFHDF\ GM\WFI[,L prrFS ZSD R]SJL
XSX[ VG[ VF B\0GL HMUJF. C[9/ S\g8=FS8ZG[ R]SJJF5F+ YTL ZSD S[ ZSDMG[ ,UT]\ CJF,FGF .HG[ZG] l,lBT 5|DF65+ T[GF DF8[ VFBZL VG[ lG6F¶IS
,[BFX[P
CLAUSE 33 : Action where no specifications : In the case of work for which there is no such specification,
such work shall be carried out in accordance with the Divisional Specification and in the event of there being no
Divisional Specifications, then, in such case the work shall be carried out in all respects in accordance with the
instructions and requirements of the Engineer-in-charge.
B\0v## SM. lJUTM G VF5L CMI tIFZ[ ,[JFGF 5U,F o SM. lJUTM G CMI T[JF 5|SFZGF SFDGL AFATDF\ T[J] SFD l0lJhGGL lJUTM VG];FZ CFY
WZJFG] ZC[X[ VG[ l0lJhGGL lJUTM G CMI tIFZ[ T[J] SFD TDFD ZLT[ CJF,FGF .HG[ZGL ;]RGFVM VG[ H~ZLIFT VG];FZ CFY WZJFG] ZC[X[P
CLAUSE 34 : Definition of work : The expression "work" or "works" where used in these conditions shall,
unless, there be something in the subject or context repugnant to such construction be construed to mean the
work, or the works, contracted to be executed under or in virtue of the contract, whether temporary or
permanent and whether original, altered, substituted or additional.
B\0v#$ SFDGL jIFbIF o VF XZTMDF J5ZFI[, SFD VYJF XaN5|IMU lJQFIGF ;\NE¶DF\ SX] lJ~ä G CMI TM SFDR,Fp S[ SFIDL VG[ D}/ ;]WFZ[,F
AN,JFDF VFJ[,F S[ JWFZFGF S\g8=FS8 C[9/ S[S\g8=FS8GL ~V[ SZJFGF YTF SFD S[ SFDM V[JM YX[P
CLAUSE 35 : Contractor's percentage whether applied to net or gross amount of the bill : Percentage
referred to in the tender shall be deducted from/ added to the gross amount of the bill before deducting the
value of any stock issued.
B\0v#5 SMg8=FS8ZGL 8SFJFZL lA,GF RMbBL S[ V[S\NZ ZSDG[ ,FU] 5F0JL o VF5JFDF\ VFJ[, SM. 56 DF,;FDFGGL lS\DT AFN SZTF 5C[,F
8[g0ZDF\ NXF"J[, 8SFJFZL lA,GL V[S\NZ ZSDDF\YL AFN SZJFDF\ VFJX[P v T[DF\ pD[ZJFDF\ VFJX[P
CLAUSE 36 : Non refund of quarry fees & Royalties : The contractor shall pay the royalty to the competent
authority/ local body as per rules. The contractor shall furnish quarterly the statement showing quantity of
quarried materials, from whom purchased (with full address of the seller) and copies of bills for purchase to the
District Officer of the Mining and Geology Department or authority competent to levy royalty in the area of work.
Contractor shall also furnish such additional information as regards royalty payment to the Royalty authority.
The royalty charges paid shall be borne by the Contractor and shall not be reimbursed by the Executive
Engineer (Authority :- R & BD Circular No. TNC-2286 -UO -39 (19) - C, dated 23-10-1989.)
pWMU BF6 VG[ pHF¶ lJEFU GF p5ZMST lJQFI 5ZtJ[GF TFP _!q_!q!)(* GF 9ZFJ S|DFS V[D ;L VFZ Z!&( v &&(5 K DF\ H6FjIF 5|DF6[ SFI¶JFCL
SZJFGL ;]RGFP
s!f ~FP ZP__ ,FB sA[ ,FBf ;]WLGL V\NFHLÒ ZSDGF SFDM CMI T[JF SFDM DF8[ SFI¶5F,S .HG[ZzL SFDGM JS¶ VM0¶Z VF5[ S[ T]ZT H SFDGF XL0I], ALGL
GS, H[T[ lJ:TFZ GF DNNGLX lGIFDS VYJF ÒVM,MÒ:8 VYJF VF;L:8g8 ÒVM,MÒ:8 VYJF E]:TZ VG[ BGLH XFBFGF Ò<,F SR[ZLGL J0F H[VM S,[S8ZzLGL
SR[ZLDF\ A[;[ K[P T[DG[ VF5JFGL ZC[X[sZf~FP ZP__ ,FB sA[ ,FBf YL p5ZGF S\g8F=S8ZMV[ T[VMV[ BZLN[, BGLH GM HyYM VG[ T[ SIFYL BZLN[, K[P T[
J[RGFZGL lJUTM NXF¶JTF AL,MGL GS,M TYF 5+GF ~5DF\ DFlCTL NZ +6 DF; p5Z s!f DF\ NXF¶J[, VlWSFZLG[ 5]ZL 5F0JFGL ZC[X[P VF AL,MDF\ DF,
J[RGFZG] ,[GFZG] GFD4 DF, ,[GFZG] GFD VG[ HyYM4 JU[Z[ NXF¶J[,F CMJF HM.V[ s#f H~Z 50I[ H~ZL lS:;FDF\ p5Zs!f DF\ NXF¶J[, VlWSFZLzL TZOYL JW]
DFlCTL v lJUT DF, S[ AL,GF ;A\WDF\ DF\UJFDF VFJ[ TM T[ H[ SFI¶5F,S .HG[ZzL BGLH BFTFGF VlWSFZLG[ T[ lJUTM S\g8=FS8Z 5F;[YL D[/JJF DNN
SZX[P HM VFJL DFlCTL ;DI ;Z VF5JFDF\ G VFJ[ T[ SM. SFI¶5F,S .HG[ZzL4 TZOYL VF V\U[ ;CSFZ G D/[ TM BGLH lJEFUGF VlWSFZL T]T¶H VF
AFAT lGIFDSzLGF wIFG p5Z D]SX[P H[VM V\U[ pWMU 4 BF6 VG[ pHF¶ lJEFU TYF H[ T[ ;A\lWT lJEFUGF ;lRJzLGF wIFG p5Z D]SX[P VG[ 5+ D?I[YL
;A\lWT lJEFUGF ;lRJzL4H[ T[ SFI¶5F,S .HG[ZzL G[ TFtSFl,S DFlCTL 5]ZL 5F0JF ;]RGF VF5X[ VF 5\YF VD,L AGTF VF 5lZ5+GL TFZLB YL
;LSIMZL8L 0L5MhL8 5ZT SZJF DF8[ ZMI<8L EIF¶ V\U[GF 5|DF65+GM VFU|C ZFBJFGM ZC[X[ GCLP
ZFHI ;ZSFZGF AFW\SFD DF8[ J5ZFTF UF{6 BGLHGL ZMI<8L EZJF AFTPPPP
VF SFDF HIFZ[ ;FNL DF8L sVM0L¶GZL S,[f VG[ s;MO8f D]ZD JF5ZJFDF\ VFJ[ T[GF p5Z 56 ZMI<8L R]SJJF 5F+ K[P lJQF[XDF\ UF{6 BGLH AFATDF\
U]PUMPBPlGP !)&& VG[ T[GF VG];\WFGDF\ JBTM JBT ACFZ 5F0JFDF\ VFJ[,F 9ZFJM4,FU] 50X[4 VG[ T[ D]HA ,Lh S[ 5ZDL8 ,[JFG] VG[ ZMI<8L EZJFGL
ZC[X[P spWMU4BF6 VG[ pHF¶ lJEFU 9ZFJ S|DF\S V[DPV[DPVFZPq!!Z___qZ_!#qK TFZLB _!q_)qZ__$
!vV SZFZ C[9/GF OF.G, AL,GL GS, Ò<<FGF ;\,uG pWMU VG[ BF6 lJEFUGF Ò<,FGF E]:TZ VlWSFZLG[ VF5JFGL ZC[X[P”sDFPDPlJPGM 5lZ5+ S|DF\S
8LPV[GP;LP q!_qZ__Zqs!$f ; TFZLBP Z(q_$qZ__# TYF Z*q_$qZ__5Pf
33
CLAUSE 37 : Compensation under the workmen's compensation Act : The contractor shall be responsible
for and shall pay compensation to his workman payable under the Workmen's Compensation Act. 1923 (VIII of
1923) hereinafter called the said Act) for injuries caused to the workmen. If such compensation is paid by
Government as principal under subsection 12 (1) of the said Act on behalf of the Contractor it shall be
recoverable by Government from the contractor under sub-section 12 (2) of the said section. Such
compensation shall be recovered in the manner laid down in clause 1 above.
B\0v#* SFDNFZ J/TZ VlWlGID C[9/ J/TZ o SFDNFZMG[ YI[, .HFVM DF8[ !)Z# GF SFDNFZ J/TZ VlWlGID s!)Z# GF VF9DFfsCJ[ 5KL
H[G[ pST VlWlGID SæM K[ T[f C[9/ R]SJJF5F+ SM. 56 J/TZ R]SJJF S\g8=FS8Z HJFANFZ ZC[X[ pST VlWlGIDGL S,D !Z GL 5[8F S,D s!f C[9/
S\g8=FS8Z JTL ;ZSFZ[ D]bI 51FSFZ TZLS[ VFJ] J/TZ R]SjI] CMI TM ;ZSFZ T[ ZSD pST S,DGL 5[8F S,D sZf VGjI[ S\g8=FS8Z 5F;[YL J;], SZL XSX[P
VFJ] J/TZ p5ZGF B\0v ! DF\ H6FJ[,L ZLT[ J;], SZJFDF\ VFJX[P
CLAUSE 37-A : The contractor shall be responsible for and shall pay the expenses of providing medical aid to
any workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred by
Government, the same shall be recoverable from the contractor for with and be deducted, without prejudice to
any other remedy of Government from amount due or that may become due to the Contractor.
B\0v#*S VS:DFTG[ 5lZ6FD[ SM. SFDNFZG[ XFZLlZS .HF YFI TM T[G[ TALAL ;CFI 5]ZL 5F0JF DF8[ S\g8=FS8Z HJFANFZ ZC[X[ VG[ T[ V\U[G] BR¶ T[D6[
R]SJJFG] ZC[X[P VFJ] BR¶ ;ZSFZ[ SI]¶ CMI TM S\g8=FS8Z 5F;[YL TZT H J;], SZJF 5F+ ZC[X[ VG[ ;ZSFZGF ALHF SM. 5U,FG[ AFW G VFJ[ V[ ZLT[
S\g8=FS8ZGL ,[6L VYJF CJ[ 5KL ,[6L YGFZ ZSD DF\YL T[ SF5L ,[JFX[P
CLAUSE 37-B : The contractor shall provide all necessary-personal safety equipment and first aid apparatus
available for the use of the person employed on the site and shall maintain the same in suitable condition for
immediate use at any time and shall comply with the following regulations in connection therewith:
(a) The workers shall be required to use the equipment so provide by the Contractor and Contractor shall take
adequate steps to ensure proper use of the equipment by those concerned.
(h) When work is carried on in a proximity to any place where there is a risk of drowning all necessary
equipment shall be provided and kept for use and all necessary steps shall be taken for the prompt rescue of
any person, in danger.
(c) Adequate provision shall be made for prompt first aid treatment of all injuries to be sustained during the
course of the work.
CLAUSE 38 : The quantities shown in the tender are approximate and no claim shall be entertained for
quantities of work executed being less than those entered in the tender. In the case of increase in the quantities
by more than 10% the new rate will be paid to the contractor for the quantities in excess of 10%. The rates for
the increased quantities as aforesaid will be fixed in the manner specified in clause -14.
CLAUSE 39 : Employment of famine or other labour : The contractor shall employ any famine, convict or
other labour or particular kind or class, if ordered in writing to do so by the Engineer-in-charge.
B\0v#) N]QSF/U|:T lJ:TFZGF VYJF ALHF DH]ZMG[ SFD[ ZFBJF AFAT o CJF,FGF .HG[Z V[JM ,[lBT C]SD SZ[ TM N]QSF/YL V;ZU|:T U]G[UFZ TZLS[
;HF 5FD[, VYJF VD]S RMSS; 5|SFZGF S[ JU¶GF ALHF DH]ZMG[ S\g8=FS8Z[ SFD[ ZFBJFGF ZC[X[P
CLAUSE 40 : No compensation shall be allowed for any delay caused in the starting of the work on account of
delay in making available the full site of land at a time.
CLAUSE 41 : No claim for compensation shall be allowed for any delay in execution of the work on account of
water standing in borrow pits or compartment. The rates are inclusive of hard or cracked soil, excavation in
mud, sub soil water or water standing in borrow-pits and no claim for an extra rate shall be entertained unless
otherwise expressly specified.
B\0v$! SFD SZJFDF\ YI[, l,\A DF8[ J/TZ V\U[GM CSS NFJM o RMS0LDF\ VYJF SM. EFUDF\ 5F6L HJFG[ SFZ6[ SFD SZJFDF\ lJ,\A V\U[ SX] J.TZ
V5F;[ GCLP VF NZDF\ ;BT VYJF lTZF0JF/L HDLG DF8[GF SFNJ VG[ E}U¶E H/JF/F EFUDF\ 5F6L EZF. ZC[T] CMI TJL RMS0LGL HuIFDF\ BMNSFD DF8[GF
NZGM ;DFJ[X YFI K[ VG[ T[YL VgIYF :5Q8 H6FjI] CMI T[ l;JFI4 JWFZFGF NZ DF8[ SM. CSSNFJM wIFGDF\ ,[JFX[ GCLP
CLAUSE 42 : Entering upon or commencing any portion or work : The Contractor shall not enter upon or
commence any portion or work except with the written authority and instruction of the Engineer-in-charge or of
his subordinate in charge of the work. Failing such authority, the Contractor shall have no claim to ask
measurement of or payment for work.
B\0v$Z SFDGM SM. EFU GJ[;ZYL CFY WZJF S[ X~ SZJF AFAT o CJF,FGF .HG[ZG[ VYJF TAFGF SFDGF CJF,GF VlWSFZLGM l,lBT C]SD VG[
;]RGF l;JFI S\g8=FS8 SFDGM EFU GJ[;ZYL CFY WZL S[ X~ SZL XSX[ GCL VFJM C]SD G D?IM CMI TM SFDGF SM. DF5 ,[JF V\U[ S[ R]SJ6L DF8[ S\g8=FS8Z SXM
CSSNFJM SZL XSX[ GCLP
CLAUSE 43 : Minimum age of person employed : (i) No Contractor shall employ any person who is under
the age of 15 years.
34
B\0v$# SFD[ ZBFI[, JISlTVMGL VMKFDF\ VMKL JI o S\g8=FS8Z !5 JQF¶GL GLR[GL p\DZGL SM.56 jISlT SFD[ ZFB; XSX[ GCLP
CLAUSE 43(1)(A) : The employment of donkeys and / or other animals and the payment of fair wages :
For Asphalt work(s) as far as possible, only the adult persons should be employed by the contractor. If the adult
persons are not available, then the children below the age of 15 (Fifteen years) should not be employed under
any circumstance.
(ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The breaching
must be at least three inches wide and should be of tape. ( Nawar).
sZf S\g8=FS8Z UW[0F VYJF ALHF 5|F6LVMGF 5L9GF EFU 5Z hL6L NMZL 5FT/] NMZ0] AF\WLG[ T[DG[ SFD[ ,. XSX[ GCLP5L9 EFU 5Z AF\WJF VMKFDF\ VMKL #
.\R 5CM/L OLT sGJFZfSFDDF\ ,[JLP
(iii) No animal suffering from sores, lameness or emaciation or which is immature shall be employed on the
work.
s#f WFZFJF/F4BM0\UFTF VYJF S°X S[ GFGF 5|F6LG[ SFD[ ZFBL XSFX[ GCLP
(iv) The Engineer-in-charge or his agent is authorised to remove from the work any person or animal found
working which does not satisfy these conditions and no responsibility shall be accepted by Government for any
delay caused in the completion work by such removal.
s$f VF XZTM D]HA G CMI T[JL SM.56 jISlT S[ 5|F6L SFD SZTL q SZT] DF,]D 50[ TM T[G[ SFD 5ZYL N]Z SZJFGL ;¿F CJF,FGF .HG[ZG[ S[ T[DGF V[Hg8G[ K[
VG[ VFJL ZLT[ SM. jISlT S[ 5|F6LG[ N]Z SZJFYL YI[, SM.56 lJ,\A DF8[ ;ZSFZGL SM. HJFANFZL ZC[X[ GCLP
(v) The contractor shall pay fair and reasonable wages to the workman employed by him in the contract
undertaken by him. In the event of any dispute arising between the Contractor and his workmen on the grounds
that the wages paid are not fair and reasonable, the dispute shall be referred without delay to the Engineer-in-
charge who shall decide the same. The decision of the Engineer-in-charge shall be conclusive and binding on
the Contractor, but such decision shall not in any way affect the conditions in the contract regarding the
payment to be made by Government at the sanctioned tender rates.
s5f 5MT[ CFY WZ[,F S\g8=FS8 DF8[ SFD[ ZFB[, SFDNFZMG[ S\g8=S8Z[ jIFHAL J[TG R]SJFG] ZC[X[ R]SJ[, jIFHAL G CMJFGF D]NF 5Z S\g8=FS8Z VG[ T[DGF SFDNFZM
JrR[ SM. h30M pEM YFI TM V[ h30M lJGF lJ,\A[ CJF,FGF .HG[ZG[ ;M5JFDF\ VFJX[ VG[ T[ V\U[ T[VM lG6¶I VF5X[P CJF,FGF .HG[ZGM lG6¶I S|G8=FS8Z
DF8[ lG6F¶IS VG[ A\WGSTF¶ ZC[X[P 5Z\T] VF lG6¶IYL D\H]Z SZ[,F 8[g0ZGF NZ[ ;ZSFZ[ SZJFGL YTL R]SJ6LG[ ,UTL S\g8=FS8 DFGL XZTMG[ SXL V;Z YX[ GCLP
(vi) The contractor shall provide drinking water facilities to the workers / labourers employed on Government
works. Amenities relating to sanitation shall also be provided to the workers/labourers employed on works (in
urban areas). If the contractor fails to comply with these provisions, the Engineer-in-charge shall give notice in
writing and if the contractor does not provide this facility to the workers/labourers within a period of ten days
from the date of the notice in writing, the Engineer-in-charge shall thereupon make the arrangement for drinking
water at the cost of the contractor.
s&f ;ZSFZL SFD[ ZFB[, SFDNFZM o DH]ZMG[ 5LJFGF 5F6LGL ;UJ0 S\g8=FS8Z[ 5]ZL 5F0JFGL ZC[X[P sXC[ZL lJ:TFZMDFf SFD[ ZFB[, SFDNFZMG[ :JrKTF lJQFIS
;UJ0M 56 5]ZL 5F0JFGL ZC[X[PS\g8=FS8Z VF HMUJF.G] 5F,G SZJFDF\ lGQO/ HX[ TM CJF,FGF .HG[Z T[G[ ,[lBT GM8L; VF5X[ VG[ S\g8=F8Z VFJL ,[lBT
GM8L;GL TFZLB lNG N;GL D]NTDF\ SFDNFZM v DH]ZMG[ VF ;UJ0 GCL VF5[ TM CJF,FGF .HG[Z S\g8=FS8Z GF BR[¶ 5LJFGF 5F6LGL jIJ:YF SZX[P
(vii) The contractor shall provide the amenity of proper shade and shelter to the workers/labourers and their
children on Government works as soon as. the work starts. If the contractor fails to provide shed and shelter,
the Engineer-in-charge shall provide the same at the cost of contractor.
s*f SFD X~ YFI S[ TZT H S\g8=FS8Z[ ;ZSFZL SFD 5ZGF SFDNFZM DH]ZM VG[ T[DGF AF/SM G[ IMuI X[0 VG[ VF`F|I VF5JFGL ;UJ0 5]ZL 5F0JFGL ZC[X[P X[0
VG[ VF`F|I:YFG 5]ZF 5F0JFDF\ S\g8=FS8Z lGQO/ HX[ TM S\g8=FS8ZGF BR[¶ CJF,FGF .HG[Z 5]ZF 5F0X[P
CLAUSE 44 : Method of payment : Payment to contractor shall be made by cheque drawn on any treasury
within the division convenient to them, provided the amount exceeds Rs. 10 Amount not exceeding Rs. 10 will
be paid in cash.
B\0v$$ R]SJ6LGL ZLT o R]SJ6LGL ZSD ~FP!_ SZTF JW] CMI TM S\g8=FS8ZG[ VG]S]/ CMI T[JL l0JLhGGF lJ:TFZGL SM.56 lTHMZL 5ZGF R[S äFZF T[DG[
R]SJ6L SZFX[ ~FP !_ YL JW] G CMI T[JL ZSD ZMS0[YL R]SJJFDF\ VFJX[P
CLAUSE 44-A : Any sum of money due and payable to the Contractor (including the security
deposit returnable to the contractor) executing any Government work or work of any District
Panchayat wholly financed as grant-in-aid under this contract shall be appropriated by any District Panchayat/
Government and shall be set off against any claim of the Government/District Panchayat of Gujarat
state by the District Panchayat of Gujarat State/Government for the payment of a sum of money arising out or
under any other contract made by the contractor with the Government/District Panchayat of Gujarat State for
the work wholly financed as grant-in-aid by Government of Gujarat State. When no such amount for
36
(ii) If the contractor does not plan his programme so as to suit the requirement of the Department, the
proportionate rental charges on roller shall be recovered from the contractor.
CLAUSE 54 : Local labour on normal rates : The contractor shall have to engage local labour and person
seeking employment where available on normal rate.
B\0v5$ ;FDFgI NZ[ :YFLGS DH]ZM o ;FDFgI NZ[ D/L XS[ T[D CMI tIF ZMHUFZ JF\K] :YFLGS DH]ZM VG[ :YFlGS jISlTVMG[ S\g8=FS8Z[ SFD[ ZFBJFGF
ZC[X[P
CLAUSE 55 : Rent will be recovered from the contractor for the land given to them for stacking materials as
well as for construction of temporary hutments etc.
Land measuring Charges
1. One hectare or less Rs. 5 Per month
2. More than 1 hectare & upto 2 hectares Rs. 10 per month
3. More than 2 hectare & upto 3 hectares Rs, 15 per month
4. More than 3 hectare & upto 4 hectares Rs. 20 per month
CLAUSE 56 : The contractor shall employ only such labour who shall produce a valid certificate of having been
vaccinated against small -pox within a period of last three years.
B\0v5& S\g8=FS8Z K[<,F # JQF¶GL D]NT NZdIFG XLT/FGL Z;L V5F. CMJF AFATG] :JLSFI¶ 5|DF65+ ZH] SZGFZ DH]ZMG[ H SFD[ ZFBX[P
CLAUSE 57 : 1 Huts : The contractor shall build sufficient number of huts on a suitable plot of land for the use
of the laborers according to the following specifications :
(1) Huts of bamboos and grass may be constructed.
(2) A good site shall be selected. High ground removed from jungle but well provided with trees shall be chosen
wherever it is available. The neighborhood of rank jungle, grass or weeds should particularly be avoided.
Camps should not be established close to large cuttings of earth-work.
(3) The lines of huts shall have open spaces of at least 1 0 m. between rows. When a good natural site cannot
be procured, particular attention should be given to the drainage.
(4) There should be no over-crowding. Floor spaces at the rate of 2.8 Sq.m. per head shall be provided. Care
should be taken to see that the huts are kept clean and in good order.
(5) The contractor must find out his own land, if he wants Government land, he should apply for it and pay
assessment for it.
2. Drinking Water : The contractor shall as far as possible, provide an adequate supply of chlorinated pure potable
drinking water for the use of labourers. This provision shall be at the rate of not less than 4.5 liters per head. No
provision need-be made where there is a suitable nalla, river or well within 0,4 km of the camp. However
arrangement should as far as possible, be made to chlorinate water by chlorinated tablets before it is allowed for
drinking purpose.
3. The contractor shall construct semi permanent latrines for the use of Labourers on the following scale, namely;
(a) Where females are employed, there shall be at least one latrine for every 25 females
(b) Where males are employed, there shall be at least one latrine for every 25 males
Provided that where the number of males or female exceed 1 00, it shall be sufficient if there is one latrine for every
25 males or females, as the case may be up to the first 100 and one for every 50 thereafter.
4. Privacy in latrines : Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have
a proper door and fastenings.
5. Notice to be displayed outside latrines and urinals : (1) Where workers of both sexes are employed there
shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the
workers For Men Only or. For Women Only : as the case may be.
5 (2) The notice shall also bear the figures of a man or of a women, as the case may be.
6. Urinals : There shall be at least one urinal for male/female workers up to 50 employed at a time. Provided that
where the number of male or female workmen, as the case may be, exceeds 500, it shall be sufficient if there is one
urinal for every 50 males or females up to the first 500 and one for every 100 males or females or part thereof.
7. Latrines and Urinals to be accessible : (1) The latrines and urinals shall be conveniently situated and accessible
to workers at all times at the establishment. (2) (i) The latrines and urinals shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times (2) (ii) Latrines and urinals other than those connected with a
flush sewage system shall comply with the requirements of the Public Health Authorities.
8. Water for latrines and urinals : Water shall be provided by means of pipes or tanks or the otherwise, so also be conveniently
37
accessible in or near the latrines and urinals.
9. Bathing and washing places : (1) The contractor shall construct sufficient number of bathing places; every unit of
20 persons being provided with a separate bathing place. (2) Washing places should also be provided for the
purposes of washing clothes. Every unit of 30 persons shall have at least one washing place. (3) such bathing and
washing places should be suitably screened and separate places provided for male and female workers. (4) Such
facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.
10. Drainage : The contractor shall make sufficient arrangement for draining away the sewerage water as well as
water from the bathing and washing places and shall dispose off this waste water in such a way as not to cause
nuisance. The contractor should obtain a permission from the Gujarat Water Pollution Control Board, Gandhinagar if
Water is so be drained in river or near the well.' The 'contractor would put malarial oil once in a week in stagnant
water round about the residence.
11. Medical facilities : The contractor shall engage a medical officer with a traveling dispensary for a camp having
500 or more persons if there is no Government or other private dispensary situated within 6 k.m. from the camp.
12. Conservancy and cleanliness : The contractor shall provide the necessary staff for effecting the satisfactory
conservancy and cleanliness of the camp to the satisfaction of the Engineer-m-charge. At least one sweeper per 200
persons should be engaged. Conservancy staff should dump refuge in compost pit, away from the labour camp.
13. Health Provisions : The District Health Officer of the District or the Deputy Director of Health Services shall be
consulted before opening a labour camp and his instructions on matters, such as the water supply, sanitary
convenience, the camp-site, accommodation and food supply shall be followed by the contractor.
14. Precautions against epidemic : (a) The authorities in charge of the colonies should get the labourers inoculated
against cholera and plague and vaccinated against small pox at the time of recruitment, If they are not inoculated or
vaccinated within 6 months or 3 years respectively prior to the date of recruitment.
(b) When, in any labour camp there is an epidemic disease or is threatened with such an outbreak, the authorities in
charge of the labour camps should ensure that all the inmates of the labour colonies are inoculated or vaccinated as
the case may be, depending on the diseases, within 72 hours after the outbreak.
(c) The authorities in charge of the labour colony should arrange to communicate by wire regarding the outbreak of
the epidemic diseases on the very day of the outbreak, to the Mamlatdar of the Taluka, the District Health officer or to
the Deputy Director of Public Health in charge of that area and the Director of Public Health. Thereafter they should
continue to send daily reports to the above officers in the prescribed form regarding the progress of the epidemic
disease.
(d) When the authorities in charge of the labour colony suspect or have reason to believe that any inmate of the
labour colony is suffering from the infectious or contagious disease, they shall forthwith arrange for the segregation of
such persons to isolated huts to be specifically provided for the purpose and also for their treatment.
(e) As regional malaria epidemic outbreaks are likely to occur in such project areas, the authorities in charge of the
labour colonies should report promptly the occurrence of unusual incidence of cases of malaria and also inform the
District Health Officers of the District, Deputy Director of Public Healthy (Malaria) and the Director of Public Health
and also arrange to institute all necessary anti malarial measures as may be advised by the officials of the Public
Health Department.
(f) The authorities in charge of the colonies should also arrange to carry out any other measures that may be
recommended by the officials of the Public Health Department necessary to prevent or control the spread of disease
15. Rest rooms : (1) In every place where in contract labour is required to halt at night in connection with the
contract works and in which employment of contract labour is likely to continue for three months or more, the
contractor shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen days of
the employment of contract labour.
(2) If the amenity referred to in sub rule is not provided by the contractor within the period prescribed, the employer shall
provide the same within a period of fifteen days of the expiry of the period laid down in the sub-rule (1).
(3) Separate rooms shall be provided for women employees.
(4) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation for the
circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.
(5) The rest room or other suitable alternative accommodation shall be of such dimensions as to provide at least a
floor area or 1 sq.mt. for each person making use of rest rooms.
(6) The rest room or other suitable alternative accommodation shall be so constructed as to afford adequate
protection against heat, wind, rain and shall have smooth, hard and impervious surface.
(7) The rest rooms or other suitable alternative accommodation shall be at a convenient distance from the
establishment and shall have adequate supply of whole some drinking water.
38
16. Canteen Facilities : (1) In every establishment of contract work and wherein work regarding the employment of
contract labour is likely to continue for six months and wherein contact labour numbering one hundred or more are
ordinarily employed, the adequate canteen facilities shall be provided by the contractor for the use of such contract
labour within sixty days of the commencement of the employment of contract labour.
(2) If the contractor fails to provide the canteen facilities within the time laid down the same shall be provided by the
principal employer within sixty days of the time allowed to the contractor.
(3) The Canteen shall be maintained by the contractor or principal employees as the case may be in an efficient
manner.
17. Accommodation in canteen : (1) The canteen shall consist of at least dining hall, kitchen, storeroom, pantry and
washing places separately for workers and for utensils.
2 (i) The canteen shall be sufficiently lighted at all times where any person has access to it.
(ii) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour-
washed at least once in each year, provided that the inside walls of the kitchen shall be lime-washed every four
months.
3 (i) The premises of the canteen shall be maintained in clean and sanitary condition.
(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as cause
nuisance.
(iii) Suitable arrangements shall be made for the collection and disposal of garbage.
18. Accommodation in dining hall : (1) The dining hall shall accommodate at a time, at least 30% of the contract
labour
working at a time.
(2) The floor area of the dining hall excluding the area occupied per dinner to be accommodated shall as prescribed
in sub rule 1.
(3) (i) A portion of the dining hall and service counter shall be partitioned and reserved for women workers, in
proportion to their numbers, (ii) Washing places for women shall be separate and screened to secure privacy.
(4) Sufficient table, stools, chairs or benches shall be available for the number of diners to be accommodated as
prescribed in sub rule 1.
19. Equipment in canteen : (1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery,
furniture and any other equipment necessary for the efficient running of the canteen.
(ii).The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.
(2) (i) Suitable clean-clothes for the employees serving in the canteen shall also be provided and maintained.
(ii) A service counter, if provided, shall have .a top of smooth and impervious materials.
(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and
equipment.
20. Food stuff to be served : The food stuff and other items to be served in the canteen shall be in conformity with
the normal food habits of the contract labour.
21. Prices to be displayed : The charges for food stuffs, beverages and any other item served in the canteen shall
be based on "no profit, no loss" and shall be conspicuously displayed in the canteen.
22. Canteen to be run on "No profit no loss" basis : In deriving the prices of food stuffs and other articles served
in the canteen, the following items shall not be taken into consideration as expenditure, namely.
(a) the rent for the land and building.
(b) the depreciation and maintenance charges for the building and equipment provided for in the canteen.
(c) the cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery and utensils.
(d)The water charges and other charges incurred for lighting and ventilation.
(e) The interest on the amount spent on the provisions and maintenance of furniture and equipment provided for in
the canteen.
The local officers should check up whether, facilities as offered and which are admissible under the existing
rules and orders are made available to the workers and enforce upon the contractors the necessity of adhering
to the instructions for promotion of welfare of the workers according to the terms of the contract.
23. BOOKS OF ACCOUNTS AND REGISTERS OFTHE CANTEEN : The books of accounts and registers and
other documents used in connection with the running of the canteen shall be produced on demand to an
inspector.
24. AUDIT OFTHE ACCOUNTS OFTHE CANTEEN : The accounts pertaining to the canteen shall be audited
once every 12 months by registered accountants and auditors, provided that the Labour Commissioner may
approve of any other person to audit the accounts; if he is satisfied that it is not feasible to appoint a registered
accountant and auditor in view of the site or the location of the canteen.
CLAUSE 58 : Contractor shall have to arrange for the supply of gumboots. Hand gloves, mask etc. invariably to
the labourers/ workers engaged by the contractor on asphalt work.
CLAUSE 59 : The Contractor shall not show any distinction between Harijan and other class of
labourers/workers employed to carry out the Government work.
39
CLAUSE 60 : Price variation clause : Price variation : For (A) Labour (B) Materials and (C) P.O.L. The
amounts payable to the Contractor for the work done shall be adjusted for increase or decrease in the rates of
labour/materials excepting those materials supplied by Government as per Schedule-A and P.O.L. as under:
(A) Labour : Increase or decrease in the cost due to Labour shall be calculated quarterly in accordance with
the following formula.
pl i-io
VI = 0.75 x xRx
100 io
VI = Increase or decrease in the cost of work during the quarter under consideration due to change in rates
for labour.
R = The value of work done in rupees during the quarter under consideration, after excluding the value of
extra items and after deducting the cost of.
(i) Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule-A
and.
(ii) Value of cement, steel and asphalt brought by the contractor valued at star rate plus the
increase/decrease for which price adjustment is done under clause 59/A below :-
io = The average consumer price index for industrial workers for the quarter in which tenders were opened
(as published in*.............................................................................)
i=The average consumer price index for industrial workers for the quarter under consideration.
pi = Percentage of labour components (specified in Schedule % of the item.
*This refers to average consumer's price-index (wholesale) for industrial workers as applicable to
Ahmedabad/Bhavnagar as published by Government of India, Ministry of Labour Bureau.
(B) Materials other than Cement, Steel and Asphalt : The increase or decrease in cost of materials other
than cement and steel shall be calculated quarterly in accordance with the following formula :
Pm i-io
Vm = 0.75 x xRx
100 io
Vm = Increase or decrease in the cost or work during the quarter under consideration due to changes in the
rates of material.
R =The value of work done in rupees during the quarter under consideration, after excluding the value of
extra items and after deducting the cost of.
(i) Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule -
A and.
(ii) Value of cement, asphalt and steel brought by the contractor valued at star rate plus the
increase/decrease for which price adjustment is done under clause 59/A below :-
io = The average wholesale price index "(all commodities) for the quarter in which tenders were opened,
(as published in
i = The average wholesale price index (all commodities) for the quarter under consideration. Pm =
Percentage of material component (specified in schedule % of item.
@ = For materials wholesale price index as published by Reserve Bank of India should be referred to.
(C) P.O.L. : The increase or decrease in the cost of petrol, diesel, oil, and lubricants shall be calculated
quarterly in accordance with the following formula.
Pd D-Do
Vd = 0.75 x xRx
100 Do
Vd = Increase or decrease in cost of work during quarter of consideration due to change in rates of petrol,
oil and lubricants (POL).
R = The value of work done in rupees during the quarter under consideration, after excluding the value of extra
items and after deduction the cost of.
(i) Materials supplied from the Department store to the Contractor at fixed rate as specified in schedule-A and.
(ii) Value of cement, steel and asphalt brought by the contractor valued at star rate plus the increase/decrease for
which price adjustment is done under sub-clause 59/A below :-
Do = The average price of high speed diesel (HSD) fixed by I.O.C.-for the district in which the work is to be
carried out for the quarter in which the tenders were opened.
D = The average price of HSD fixed by the I. O. C. for the district in which the work is to be carried out for the quarter
40
under consideration.
Pd = Percentage of P. O. L. Component (specified in schedule) % of the item.
Conditions for variation except for Cement, Steel and Asphalt :
(1) No adjustment shall be done for the work done in the first twelve months of the time limit. Adjustment payable/
recoverable will be calculated for the remaining work done during the subsequent period.
(2) The sum total price adjustment for A, B and C will be limited to % of the estimated cost of work put to tender
less the cost of Materials supplied from the Departmental store to the Contractor at fixed rate as specified in
schedule-A and cement, steel and asphalt valued at input rates mentioned as under on which the sanctioned
estimate is based. When clause 60A (B-1) 59A (B-2) is not deleted.
Quantity Input rate per ton
Cement : 236.00 M.T. Rs. 4756.00 per M.T.
Mild Steel : - M.T. Rs. - per M.T.
TMT Bars (Fe 500/500D): 50.00 M.T. Rs. 36000.00 per M.T.
Asphalt 80/100 (VG-10) - M.T. Rs. - per M.T.
Asphalt 60/70 (VG-30) - M.T. Rs. - per M.T.
(3) The quarter referred to in the above formula shall mean the quarter of the calendar year January to March, April
to June, July to September and October to December. Even if the tenders are opened in the middle of a quarter,
the average index for the calendar .quarter will be considered. The same principle would apply for identifying-the
quarter when the work is completed in the middle of calendar quarter.
(4) The value of extra items will be excluded for working out the value of 'R' in the above formula in all these cases.
(5) Intermediate payment of escalation to be made under this clause on each occasion shall be limited in such a
manner that the total up-to-date payment of escalation will not exceed the proportionate percentage of the ceiling
of escalation as related to the proportionate value of the contract cost.
(6) Price adjustment shall be applicable only for the work that is carried out within the stipulated time or extensions
thereof as are not attributable to the contractor. No claims for price adjustment other than those provided herein
shall be entertained.
(7) This clause will be applicable in respect of works which of the estimated cost put to tender is above Rs. 25.00
lacs and the time limit involved is more than 12 months.
* Guideline for ceiling : 5 % in case where time limit of contract is 3 years, 6 % in case where time limit of contract
exceeds 3 years but is upto 4 years & 7 % where time limit is more than 4 years
CIAUSE 60A Price Variation for Cement, Steel and Asphalt brought by Contractor : The amounts payable
to the contractors for the work done involving use of cement, steel and asphalt when these materials are not supplied
by the Government as for schedule A shall be adjusted for increase or decrease in the rates of these materials as
under :-
(4) Price variation for cement, steel and asphalt brought by the contractor.
The star rates for cement, mild steel and tor steel & asphalt to be brought by the Contractor shall be considered Ex-
supply Depot/Godown as under :-
Quantity Input rate per ton
Cement : 226.00 M.T. Rs. 6400.00 per M.T. Month in which
Mild Steel : - M.T. Rs. - per M.T. DTP is
TMT Bars (Fe 500/500D): 50.00 M.T. Rs. 42000 .00 per M.T. approved May
Asphalt 80/100 (VG-10) - M.T. Rs. - per M.T. 2019
Asphalt 60/70 (VG-30) - M.T. Rs. - per M.T.
[The above star rates are linked with Reserve Bank of India price index for steel and cement for the month in
which the DTPs are approved.]
The month in which DTPs are approved will be specified in the tender document. Star rates should be mentioned
in the tender copy as under :-
I. For Cement, Price of cement from authorised dealer should be obtained for the month in which the D. T P. s are
approved & mentioned as star rate before issue of tender copy.
II.(a)For steel & H. Y. S. D. bars, rate of SAIL should be obtained for the month in which the DTPs. are approved and
mentioned as star rate before issue of tender copy.
II (b)For asphalt, the star rate is based on the Koyali Refinery rate prevailing in the month in which D.T.P. is approved
and should be mentioned before issue of tender copy.
III. For basic index specific month in which the DTPs are approved should be mentioned before issue of tender
copy.] The fluctuations in rates of cement and steel shall be adjusted in the bills payable to the contractors as
under :
A=Bx C1
-1 xD
C0
42
CLAUSE 62 : LIABILITY OF ACCIDENTS TO PERSONS : Responsibilities and liabilities of the contractor under
Workmen's Compensation Act are given in clause No. 37 In addition following shall also apply : (a) On the
occurrence of an accident, which result in death of workmen employed by the contractor or which is so serious as is
likely to result in death of any such workmen, the contractor, shall within 24 hours of happening of such accident(s)
intimate, in writing to the Engineer-in-charge the fact of such accident(s). The contractor shall indemnify Government
against all loss or damage sustained by the Government resulting directly or indirectly from his failure to give
intimation in the manner aforesaid Including the penalties or fines, if any, payable by the Government as a
consequence of Government's failure to give notice under the Workmen's Compensation Act or otherwise to conform
to the provisions of the said act in regard to such accident(s). (b) In the case of an accident, in respect of which
compensation may become payable under Workmen's Compensation Act, whether by the contractor or by the
Government as principal Employer, it shall be lawful for the Engineer-in-charge to retain out of money due and
payable to the Contractor, such sum or sum of money as may, in the opinion of the Engineer-in-charge, be sufficient
to meet such a liability. The opinion of the Engineer-in-charge shall be final in regard to all matters arising under this
clause.
CLAUSE 63 : ACCESS TO SITE AND WORK ON SITE : The Engineer may, if he considers fit from to time, enter
upon any land(s) which may be in possession of the contractor this contract for the purpose of executing any work
not included in this contract and may execute such works not included in this contract by agents or by other
contractors, at his opinion and the contractor shall in accordance with the requirements of the Engineer-in-charge,
afford all reasonable facilities for execution of the work including occupation of lands by structure or otherwise for any
other contractor employed by the Government and his workmen or for the workmen of the Government who may be
employed in the execution on or near the site of the work not included in the contract or of any contract in connection
with or ancillary to the work and in default, the contractor shall be liable to the Government for any delay or expense
incurred by reason of such default. Provided always that if damage arising, make a statement of the same to the
Engineer-in-charge who shall from time to time, assess the value in his judgment of such damage and the
Government shall from time to time pay to the contractor the amounts (if any) accepted as justified by the Engineer-
in-charge.
CLAUSE 64 : REPORTS REGARDING LABOUR : The Contractor shall submit the following reports to the
Engineer-in-charge : (a) (i) A daily report in the suitable form of the strength of labour, both skilled and unskilled
employed by him on the work(s). The contractor shall increase or decrease the strength both skilled or unskilled. If
directed by the Engineer-in-charge. The submission of such reports shall not, however, relieve the contractor of his
responsibilities and duties regarding progress or any other obligations under the contract.
(ii) A classified weekly return in the suitable form of the-number of person employed on the works during the
proceeding week.
(iii) A weekly medical report in the suitable form showing the health of the contractor's camp, the number of persons
ill or incapacitate and the nature of their illness.
(iv) A report of any accident, which may have occurred, to be sent within 24 hours of the occurrence. (v) Such other
report as may be prescribed.
CLAUSE 65 : Treasure-Trove : In the event of discovery by the contractor or his employees, during the progress of
work or any gold, silver, oil or other minerals of any description and precious stones, treasures, coils, antiquities, relic,
fossils or other articles or value of interest whether geological, archaeological or any other such treasure & other
things shall be deemed to be the absolute property of the Government and the contractor shall fully preserve the
same to the satisfaction of the Engineer-in-charge, from time to time, and relieve the same to such persons as the
Engineer-in-charge may appoint. The contract shall take all reasonable precautions to prevent his workmen or any
other person from removing or damaging any such articles or things, immediately after the discovery thereof and
before removal acquaint the Engineer-in-charge with such discovery and carry out his orders for the disposal of the
same.
CLAUSE 66 : Indemnity : The contractor shall indemnify the Government against all actions, suits, claims &
demands through or made against the Department in respect of work of this contractor against any loss damage to
Department in consequence of any action or suit being brought against the contractor for anything done or omitted to
be done in execution of the work of this contract.
CLAUSE 67 : Insurance of Labours : The contractor shall be responsible to arrange for insurance of all labourers,
skilled and unskilled, workers, supervisors etc., employed by him as per labour regulation of the State.
CLAUSE 68 : Setting Out : The contractor shall be responsible for the true and proper setting out of the works and
the correctness of positions, levels, dimensions and alignments of all parts of the work and for the provisions of all
necessary instruments, appliance and labour in connection therewith. If, at any time, during the progress of the work,
any errors, appear or arise in the position, levels, dimensions or alignments of any part of the work, the contractor, on
being required to rectify such errors by the Engineer-in-charge shall at his own expense do so to the satisfaction or
the Engineer-in-charge. If however, such error is based on incorrect data supplied in writing by the Engineer-in-
charge, the expenses of rectifying the same shall be borne by the Department.
43
The checking of and setting out of any line or level by the Engineer-in-charge or his representative shall not in any
way, relive the contractor of his. responsibilities for the correctness of the error. The contractor shall carefully protect
and observe all bench-marks, site-nails, page and other things used in setting out of the work(s).
CLAUSE 69 : Cement Register : A register in the prescribed form showing day-to-day receipt, consumption and
balance of cement on site of work will be maintained by. the Department, which shall invariably be signed daily by the
contractor or his authorised representative in token of its correctness.
CLAUSE 70 : (1) Materials, Works Test Register and Core cutting Machine : A register in the prescribed
proforma showing test results of materials & work tests will be maintained and day-to day receipt, consumption and
balance of cement on site of work by the Department and every entry thereof shall invariably be signed by the
Contractor or his authorised representative in token of its correctness.
(2) Contractors registered in special category-1 (Roads) will have to procure and kep available on site two core
cutting machines, similarly those registered in special category-2 (Roads) will have to procure and keep vailable on
site one core cutting amchine on ownership basis. The thickness of sub base and base layers of road will be tested
by taking cores and recording results of layer thickness in paver site register. (R&B.D. Circular No. RGN-60-2006-35-
C dated 26-5-06)
(3) In case of asphalt items (other than BSG & BBM) having total thickness of more than 50 mm, the contractor will
take two to four core samples by his core cutting machine at the interval of 250 m. distance at each cross section in
the presence of Dy. Executive Engineer. These samples will be sealed and will be sent for testing of thickness,
density & bituminous content in the approved laboratory. Five percent of the amount payable for asphalt items will be
withheld till the test results are received if the results are not satisfactory, the action as per Conditions of contract will
be taken (R&B.D. Circular No. RGN 602006 (35)-C dated 31/5/07)
CLAUSE 71 : Progress Schedule : (a) The contractor shall furnish within one month (unless extended by the
Engineer-in-charge) of the order to start the work, the progress schedule in quadruplicate indicating the date of
staring, the monthly progress expected to be achieved and the anticipated completion date of each major item of
work to be done by him, also indicating dates of procurement and setting up the materials, plants and machinery. The
schedule should include a statement of proposed general and detailed arrangements for earring out works, and of
item, order and manner in which it is proposed general and detailed arrangements for carrying out works, and of
item, order and manner in which it is proposed that these shall be executed. The schedule should be framed keeping
requirement of the clause 2 of tender form in view and be such as in practice to the achievement towards completion
of the work in the time limit and of the particular items on the dates specified in the contract and shall have the
approval of the Engineer-in-charge. Further, the dates for the progress, as in this schedule shall be adhered to.
(a) in case it is found necessary, at any stage to alter the schedule, the contractor shall submit in good, time a
revised schedule incorporating necessary modification proposed and get the same approved from the Engineer-in-
charge. No revised schedule shall be operative without such acceptance in writing. The Engineer-in-charge is further
empowered to ask for more detailed schedule or schedules, any week by week, for any item or items and the
contractor shall supply the same as and when asked for.
(b) The Engineer-in-charge shall have, at all times, the right, without in any way vitiating this contract forming grounds
for any claim, to alter the order of the work of any part there of and the contractor shall after receiving such direction,
proceed in the order directed. The contractor shall also revise the progress, schedules accordingly and submit four
copies of the revised schedule to the Engineer-in-charge within seven days of the said Engineer's direction to alter
the order of works.
(c) The contractor shall furnish sufficient patent, equipment and labour and shall work such hours and shifts as may
be necessary to maintain the progress of the work as per approved progress-schedule. The working and shift hours
shall comply with all the Government regulations in force and shall be such, as may be approved by the Engineer-in-
charge and the same not be varied without the prior approval of Engineer-in-charge.
(d) The contractor shall from time to time, as may be required by the Engineer-in-charge, furnish the Engineer-in-
charge with a statement in writing of the arrangements he proposes to adopt for the execution of this contract and the
Engineer-in-charge may, if he considers necessary at any time advise alternation in the same, which the contractor
shall adopt on notice thereof.
(e)The progress-schedule(s) shall be in the form of progress chart, forms, statements and/or reports as any be
approved by the Engineer-in-charge.
The contractor shall submit four copies showing the progress of the work in the form of a chart etc., at periodical
intervals as may be specified by Engineer-in-charge.
(f) The approval of the progress schedules by the Engineer-in-charge shall not relieve the contractor of schedule
required by the Engineer-in-charge shall not entitle the contractor to any extra payment.
CLAUSE 72 : Secured Advance To Contractor :
(1) Before any secured advance for metal is paid to the contractor, the metal shall have to be tested for its quality in
the laboratory. Contractor's request for such secured advance will be considered only after test results of metals are
received
and results are satisfactory. (As per Government circular No. SSR 1070-1 B-191-22-S of 5-3-92 )
(2) Advance on security of materials brought to site will not exceed 75% of the value (as assessed by the Executive
Engineer) of such material provided that they are of imperishable nature.
(3) Recovery of advances will not be postponed until the whole of the work entrusted is completed. Secured advance
will be recovered within 3 months from the month in which secured advance is given even if material is not utilized in
the work.
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
44
(4) Secured advance is permissible on materials which are all actually brought on site and are required by the
contractor for use on items of works for which rates for finished work have been agreed upon.
(5) Secured advance will be given only on materials for which the full value is paid by the contractor to the seller.
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CLAUSE 73 : Advance Payment : Advance payment for the work done, but not measured, may be made up to
80% of the approximate value of the work done as shown in the progress reports of approximate measurement
Sheets with location furnished by the sub-Divisional Officer subject to the following conditions :-
(1) That in the case of advance payment on the item of earth-work payment should be made on the basis of detailed
measurements except during the monsoon period (June to September).
(2) That the detailed measurements should be recorded within the month from the date of payment of the bill incorporating
the advance payment. However in the case of sectional measurements of earth work, detailed measurement should be
recorded within three months instead of one month stipulated above.
(3) If, on recording of the detailed measurements, it is found that the advance payment was made for more amount than the
value of work now measured, excess payment shall be refunded forthwith by the contractor on demand, if it cannot be
adjusted from the bill in which the item/s on which advance payment was given are recorded by measurements.
CLAUSE-74 : Advance Against Machineries :
1. Secured advance on plants and machineries brought to the site of work is admissible for the contracts estimated to cost
more than Rs. Ten Lacs.
2. Simple interest in such advances granted to contractor against plants and machineries brought to work sites be charged
at the rate of ......................................................................... % per annum.
3. The recovery of the advance shall be effected from the second month from the month in which advance is given and full
recovery will be completed by the time seventy five percent of scheduled time is completed.
4. Such advance will be limited to 5 percent of the estimated amount put to tender.
5. The advance will be granted for the plant and machinery actually brought to the site of work.
6. The machinery and equipment on which the advance is granted shall be of full undisputed ownership of the contractor,
and they shall be hypothecated to Government and also comprehensively insured till the advance granted is fully
recovered. The hypothecation deed shall be executed separately before the advance is actually given.
7. The advance will be granted as 75 percent of the cost of new equipment for which the contractor is able to produce
purchase-vouchers and other documents. This will not be applicable in the case of second-hand equipment purchased the
contractor
8. In the case of used or second-hand equipment brought by the contractor, advance will be allowed at 50 percent of the
value of the equipment arrived at in the following manner :-
(a) For used equipment, for which the records of original purchase price and past utilisation are available, depreciated
value, so worked out will be subject to the confirmation by Mechanical wing of the Department.
(b) For used equipment, for which proper records of purchase price and past utilisation are not available, the value will be
assessed by a committee of Executive Engineers of Civil and Mechanical Wings. The value assessed will be based on the
probable age of the equipment, its present condition and its probable depreciated value. In working out depreciation age of
the equipment, its present condition and its probable department of spares, repair, reconditioning of the equipments shall
not be taken into account towards the capital cost. The value arrived at by the committee will be final.
9. No advance may be allowed for equipment which is more than 8 years old or which has already worked for more than 80
percent of its life.
10. No advance shall be given on transport-vehicles like jeeps, station-wagons, estate-car and such other vehicle ordinarily
required for transport purposes.
11 .The recovery will have to be completed within the stipulated period of completion of work i.e. .... ............... months.
[Specified advance on Plant and machinery brought on site of work can be given to contractor only after prior approval of
the Government [G.P.W. Vol. - I Para 344-C(i)]
CLAUSE 75 : Mobilisation Advance : 1. Mobilisation advance to the extent of 5% of the estimated cost may be granted at
the commencement of the work after the contractor has set up camp on site has brought machineries, equipment and
centering etc., for well-sinking and has completed the work of service road, water-supply and lighting arrangements on the
site of works which are estimated to cost over Rs. 40 lacs.
2. The advance will carry a simple interest at the rate of .............................. % per annum.
3. The recovery of advance shall commence from the sixth month from the month in which the advance is paid, and full
recovery of advance and interest shall be completed by the end of..................................... month from the date of issue of
45
work order, In other words, the recovery of advance and interest will spread over a spell of................... months or less as
above in equal installments.
4. A bank guarantee from a scheduled commercial bank shall have to be produced for the amount of advance applied for,
The bank guarantee can be scaled down to the extent of recovery of advance.
5. mobilisation advance will be treated as interest bearing refundable loan for the purpose. The responsibility of the
Contractor for the refund of Mobilisation Advance is absolute and not dependent upon the completion of the work. The
contractor will have to refund the advance with accrued interest irrespective of the fact whether the contract is breached by
either party or abandoned or finalised prematurely. (Govt R&B Dept. Reso. No. TCF-1382/(8)J dated 22-4-1985)
CLAUSE 76 : Before starting the work, the contractor will have to obtain the license from the District Assistant Labour
Commissioner under the Contract Labour (Regulation and Abolition) Act, 1970 and contract Labour (regulation and
Abolition) Gujarat Rules 1972 after paying necessary fees and deposit on the basis of the number of labourers to be
employed on the work and will have to supply two true copies of the said license to the Deputy Executive Engineer before
the work is started.
CLAUSE 77 : One percent of estimated cost put to tender for this work after deducting the cost of materials as per
Schedule 'A' valued at basic rate in the sanctioned estimate shall be deducted from the running account bills of the
contractor for testing the quality of materials and workmanship, no additional testing charges in addition to the above shall
be recovered from the contractor (G.R.No. R & BTNC-1085-4-C, Dated 20-12-91 & NWR & KD Circular No. Parach/ 1097/
1397 (ii) Part file/K-1 (MI cell) dated 12-1-2013
The Engineer-in-charge will get the cement and steel tested in laboratories of G.E.R.I., Engineering Colleges,
Polytechnics, Engineers India Ltd, D.G.T.D. and other laboratories approved by R & B or Water Resources
Department or Industries Department and the test results of these Laboratories will be binding to the Contractor
about suitability of use of materials (R & B. D. G.R. No. TNC-1088-IB-220-18-C-dated 31-3-05).
However in respect of works involving use of asphalt, the contractor will set up the site testing Laboratory and will
provide testing instruments etc. as under :
Laboratory : The contractor will construct pucca structure of minimum 25 square meter area duly connected with
water and electric supply to house site testing Laboratory.
Instruments : The contractor will provide and install the instruments as per following I.S. Standard to carry out the
test prescribed therein.
1. Penetration test as per I.S. 1 203 2. Softening point test as per I.S. 1 204
3. Ductility test as per I.S. 1208 4. Viscosity test as per I.S. 1206. Specification gravity test as per I.S. 1202.
The instruments provided should be as per I.S. Standard, so certified and be regularly and periodically calibrated.
Frequency of tests will be as indicated in specifications and as referred in R. & B. D. G.R. No. SSR-1099-IB/91 (9)-c
dated 26-7-1999
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VFJX[P CF,GL HMUJF. D]HA V[S SZM0YL JWFZ[ lS\DTGF SZFZMGF SFDMDF\ V[0JFg; J[8 sT.D.S.fSF5JFGL HMUJF. VD,DF\ K[P VF AFAT V[8 ;M;" SF5JFG[ ,UTL
CM. VF V\U[GF SFINFDF\ JBTMJBT H[ O[ZOFZ YX[ T[ D]HA 8[S; S5FT SZJFDF\ VFJX[P .HFZNFZ[ EFJM 8[S; ;lCT EZJFGF CM. VF 8[S; S5FT DHZ[ D/JF5F+ GYL
s GF6F lJEFUGF TFP !v$vZ__( GF HFC[GFDF S|DF\So s HLPV[RPV[Gv!$f J[8v Z__( V V[;v 5)v AL s#f s!f YP
TFP !q*q!* YL ,FU] YI[, GST D]HA R]SJ6FGF :YFG[YL GST SF5JF5F+ CX[ TM T[ 5|JT"DFG NZ VG[ JBTM JBTGL HMUJF. D]HA 8[1FGL S5FT
SZJFDF\ VFJX[P
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GF\ lGIDMGF\ lGID 5GL HMUJF. D]HA pST ;[;GM OF/M J;], SZJFDF\ VFJX[P szD VG[ ZMHUFZ lJEFUGL TFZLB #!v!v_5GL VlW;}RGF S|DF\S HLPV[RPVFZq
Z__5q _$q ;LP0A<I]PV[q Z__$q ($!q Dv# VG[ T[ lJEFUGM TFZLB )v!Zv_5 GM 9ZFJS|DF\S o ;LP0A<I]PV[Pq Z__$q !(#!q Dv#f TYF DFPDP lJEFUGM
TFPZv!Zv_& GF 5lZ5+ S|DF\S V[;PV[;PVFZPv!_Z__$vVF.PALPv$!sZ$f;
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
B\0v(_ o SFDGL ;F.8 p5Z HFC[ZHGTFGL HF6 DF8[ .HFZNFZzL GLR[ D]HAGF ,BF6JF/F AM0" T[GF :JBR"[ ,UFJX[P
s!f SFDG] GFDsSFDGM 5|SFZf o s&f ;]5ZJF.hZL :8FOGF GFD o
46
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v 0FDZGL ;5F8LG] SFD ;[PDL v D[8,GF ALHF :TZGL HF0F. ;[PDL
s S5RL4 U|L8 VG[ 0FDZ JF5ZFJFGMf
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.:I] SIF"GL TFZLBGL V[S DlCGFDF\ SZX[P HM T[D SZJFDF\ lJ,\A YFI TM lJ,\lAT ;DIDF\ R]SJJFGF ZGL\U AL,DF\YL 8[g0ZGL ZSDGF _PZ5 @ YL !@ H[8,L
ZSD ZMSJFDF\ VFJX[ sDFPDP lJEFUGF TFP Z&v$v*( GF 5lZ5+ TYF TFP Z*v!!v)_4 !(v!!v)!4 ZZv*v)( TYF TFP 5v#vZ_!! GF 9ZFJ
S|DF\S 8LV[G;L v !_)_ v Z$ V ;4 VFWFlZTP
Annexures : The information in the following annexures specimens should be furnished on separate letter pad if
necessary.
ANNEXURE -1
(Referred to in Condition No. 2 General Rules and Direction for the guidance of Contractors.)
To
The Executive Engineer PLACE :
Division : DATE :
Details regarding my our partners our Company (in the case of limited Company) Names, address(es),
telephone numbers(s) Income tax etc. are as under:
Sr. Name (S) of Person/ Full address of Telephone Residential Telephone Full address
No. Partner Director of business No.(S) address No.(S) Income tax Office
the company (with pin code) (office) (es) (Resi) ward where income
Tax return is filed
1 2 3 4 5 6 7
I/We hereby agree to intimate to you about change if any, in the above-mentioned address(es) and telephone No. (s)
within Fifteen days of its occurrence till my/our deposit, for the said work paid by me/us is not returned to me/us.
Dated Signature of Tenderer
Signature of the contractor : Signature of the Executive Engineer :
S\8=FS8ZGL ;CL o SFI"5F,S .HG[ZGL ;CL o
47
ANNEXURE -2 : 8[g0Z VF.8DMGF EFJ EZTL JBT[ U6TZLDF\ ,LW[, DH]ZL TYF :5[XLOLS[XGDF\ H6FjIF D]HA DF,;FDFG V\U[GF SFDGF :Y/GF
50TZ EFJM sNZf V\U[GL lJUTP sVF lJUT #_ ,FB SZTF p5ZGF SFDDF\ EZL ZH] SZJL OZÒIFT K[Pf
sVf DH]ZLGF N{lGS NZ s!f S0LIF4;]YFZ v%,dAZ :SL<0 SFZLUZGM NZ ~FP
sZf EL:TL4C[<5Z JU[Z[ ;[DL :SL<0 SFZLUZGM NZ ~FP
s#f DH]ZM s:+Lv 5]~QFf VG:SL<0 DH]ZMGM NZ ~FP
s!f DSFGM o
VPG\P 8[g0Z VF.8D DF,;FDFGL lJUT I]lG8 NZ
!P .8M !4___ G\U ~FP
ZP 5yYZ RZ6TZGM 3PDLP ~FP
BF6,L0
S5RL !Z DLPDL YL
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BF6 3PDLP ~FP
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,FS0] ;FULgS8 ;F.h
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sVf AFZL RMPDLP ~FP
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(P U[<J[GF.h 5F.5
sVf Z5 DLPDLP NZ DLP ~FP
sAf !Z DLPDL NZ DLP ~FP
48
ANNEXURE- 3
PERRFORMANCE BOND
(see clause No. 1)
(The date of this bond must not be prior to the date of the instrument in connection witi, which it is given).
………………………………………………………………………………………………………………………………..
Principal (Contractor)
………………………………………………………………………………………………………………………………..
Surety (Scheduled or Nationalised Bank)
………………………………………………………………………………………………………………………………..
Sum of bond (express in words and figures)
………………………………………………………………………………………………………………………………..
Contract No. and date of contract
………………………………………………………………………………………………………………………………..
KNOW ALL MEN BY THESE PRESENTS,THAT WE,THE PRINCIPALS AND SURETY above named are held
and firmly bound up to the .............................................. hereinafter called the Employer in the amount stated
for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents subject to the provisions of which the aforesaid
Contractor on demand and without demand on a claim being made by the Employer.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principals have entered in to a contract
with the Employer numbered and dates as shown above and hereto attached for the execution of work
...........................
………………………………………………………………………………………………………………………………..
NOWTHEREFORE, if the Principal shall well and truly perform and fulfill! all the undertakings, covenants,
terms, conditions and agreements of said contact during the original terms of the said Contract and any
extensions thereof that may be granted by the Employer with or without notice to the surety and during the life
or any guarantee required under the contract and shall also well and truly perform and fulfill! all the
Undertakings, covenants, terms, conditions and agreements of any all duty and unduly authorized modifications
of said Contract that may hereafter be made, notice of which modifications to the surety being hereby waived or
shall pay over, make good and reimburse to the Employer all loss and damages which the employer may
sustain by reason of failure or default on the part of said Principal so to do.
We ............................................................................... further agree that the guarantee herein Contained shall
remain in full force and effect during the period that would be taken for the validity of the said Contract, and that
it shall continue to be enforceable till all the dues of the employer under or by virtue or' the Contract have been
fully paid and its claims satisfied or discharged or till the Employer certifies that the terms and conditions of the
Contract have been fully and properly carried out by the said Contractor and accordingly discharges the
guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the
....................................................... we shall be discharged from all liability under this guarantee thereafter.
IN WITNESS WHERE OF, the above bounded parties have executed this instrument under their several seals
on the date indicated above the name and corporate sea! of each corporate partly being hereto affixed and
these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
In the presence of witness individual Principal
1. ...................................................................... as to ....................................................... (seal)
2. ...................................................................... as to ....................................................... (seal)
3........................................................................ as to ....................................................... (seal)
4........................................................................ as to ....................................................... (seal)
by .................................................. affix Corporate Seal
Attested Corporate surety
Business address
Affix by ................................................................. corporate Seal
Title
49
ANNEXURE-4
LIST OF WORKSALREADY COMPLETED BY THE TENDERER
.HFZNFZ[ 5]ZF SZ[, SFDGL IFNL
Sr. Name of work Place Cost on Time taken in months Remarks
No. completion To complete the work
S|DF\S SFDG] GFD :Y/ lJX[QF GM\W
5]ZF YI[, SFDGL SFD 5]Z] SZJF DF8[
lSD\T ,LW[, ;DI DF;DF
1 2(a) 2(b) 3 4 5
Note : Necessary certificate from officer concerned shall be attached with the tender.
GM\W o ;\A\lWT VlWSFZL G] H~ZL 5|DF6 5+ 8[g0Z ;FY[ ZFBJ]
ANNEXURE-5
LIST OP PLANT AND MACHINERY IN GOOD WORKING ORDER AVAILABLE WITH THE TENDERED
.HFZNFZ 5F;[ ;FZL VG[ RF,] CF,TDF\ CMI T[JF\ VG[ VMHFZMGL IFNL
Sr. Plant or Location Age of Make Capacity Approximate Remark
No Machinery Machinery Value
:Y/ AGFJ8 1FDTF lJX[QF GM\W
S|DF\S VMHFZM VYJF DXLGZL S[8,F JQF¶ V\NFHL lSD\T
I\+M H]GL K[P
1 2(a) 2(b) 3 4 5 6 7
ANNEXURE-6
DECLARATION REGARDING WORKS ON HAND WITH TENDERER
.HFZNFZGF CFY 5Z CMI T[JF SFDMGL lJUT
Sr. Name of Place Estimated Date of Stipulated Amount of Brief Remarks
No work Cost Issue of period of work done details of
:Y/ work completion on date of delay if lJX[QF GM\W
S|DF\S SFDG] GFD V\NFHLÒlSD\T order filling any
SFD 5]Z] tender
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SZJFGF D]NT 8[g0Z EIF¶ CMI TM T[GF
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1 2(a) 2(b) 3 4 5 6 7 8
50
SCHEDULE’A’ VG];]lR ‘S’
Schedule showing (approximately) the materials to be supplied from the Public Works Store
for work Contracted to be executed and the rates at which they are to be charged for
H[ SFD CFY ZJF DF8[ S\g8=FS8Z SZFIM CMI T[ SFDDF AF\WSFD lJEFUGF :8MZ DFYL 5]ZM 5F0JFGM DF,;FDFG sVFXZ[f VG[ T[
V\U[ J;], ,[JFGF NZ NXF¶JTL VG];]lR
Particulars Approximate quantity Rate at which the materials will be Place of delivery
charged to the Contractor
lJUT V\NFÒ HyYF l0,LJZLG] :Y/
S\g8=FS8Z 5F;[YL DF,;FDFG DF8[ ,[JFGM YTM NZ
1 2 3 4 5
Unit V[SD Rate in Rupees
EFJ ~l5IFDF\
NIL
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8LPV[GP;LP !_((v IB vZZ_v !( v;4TFP #!q_#qZ__5 f 5Z\T] GD¶NF H/;\5lT VG[ 5F6L 5]ZJ9F lJEFU äFZF SFDDF JF5ZJF H~ZL :8L, lJEFU
äFZF 5]~ 5F0JFGL HMUJF. TFP Z#q_&q!))* GF lJEFU 9ZFJ S|D\FS V[;P8LPV[,P!_)qS[q5(qEFU sCf äFZF RF,] ZFBJFDF VFJ[ K[P VF V\U[ ;[0I], V[DF\
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DF\YL ;LWL ZLT[ D[/JJFGM ZC[ K[PVG[ T[GL BZF. DF8[ T[GF R]SJ6FGF lA,M SFP.PzLG[ ZH] SZJFGF ZC[X[P VFJM l;D[g8 S\5GLGF VlWS°T lJS|[TF 5F;[YL
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VlWS'T lJS[|TF 5F;[YL BZLN SZL XSFI GCLsTFP _&q_$q!))( GM DFPDPlJ P5lZ5+ 8LPV[GP;L q!_((v VF.PALPqs!(f ;f
GM\W # ,MB\0 o HIFZ[ ,MB\0 .HFZNFZ äFZF ,FJJFDF\ VFJ[ tIFZ[ T[ V\U[G] lA, V;,DF\ SFP.PzLG[ ZH] SZJFG]\ ZC[X[P VG[ VFJF :8L,G] U[ZL ,[AMZ[8ZL S[
.HG[ZL SM,[H S[ 5M,L8[SGLSGLDF 8[:8L\U SZFjIF AFN H :8L, SFDF JF5ZJF N[JFDF\ VFJX[P
GM\W $ 0FDZ o HIFZ[ SFDDF JF5ZJF 0FDZ .HFZNFZ äFZF ,FJJFGM CMI tIFZ[ T[ 0FDZ .HFZNFZ[ VM., ZLOF.GZLDF\YL 5{;F EZL tIFYL H ;LWM BZLNJFGM
ZC[X[P VF V\U[ .HFZNFZ[ 5]ZL SZJFGL XZTM GLR[ D]HA ZC[X[P s!f .HFZNFZ 0FDZ SIFYL ,FjIF T[ V\U[G] lA, V;,DF\ SFP.PzLG[ ZH] SZJFG] ZC[X[P sZf
Z;OF.GZLGF U[85F; 56 lA, ;FY[ ;FD[, SZJFGF ZC[X[Ps#f 0FDZ H[ 8[gSZDF\ ,FJJFDF\ VFJ[ T[ 8[gSZGM JFCG G\AZ ATFJJFGM ZC[X[P s$f 0FDZ p5Z
.HFZNFZzLG[ V[0JFg; 5[D[g8 VYJF l;SIM¶0 V[0JF0JFg; D/L XSX[ GCLPs5f .HFZNFZ[ ZH] SZ[, V;, lA,DF\ 0FDZGM U|[0 sSJM,L8L V\U[fp<,[B CMJM
HM.V[ VF V\U[ .HFZNFZ[ 0FDZ U|[0 V\U[G] 8[:8 ZLh<8q U|[0 V\U[G] 5|DF65+ ZH] SZJFG] ZC[X[Ps&f .HFZNFZ[ 0FDZGL VFJSq J5ZFXq ART V\U[G]\ ZHL:8Z
%,Fg8q ;F.8 p5Z lGEFJJFG]\ ZC[X[P sDFPDPlJP5lZ5+ S|DF\S V[;P8LPVFZP !_)*v (Z v C TFP Z*q!!q!))* VG[ Z!q!!q!))(f
Note 5 : The person or firms submitting the tender should see that the rates in the above schedule are filled up
by the Engineer-in-charge before the issue of the form prior to the submission of the tender.
GM\Wv5 o 8[g0Z ZH] SZGFZ jIlST S[ 5[-LV[ 8[g0Z ZH] SZTF 5C[,F T[G[ VF5JFDF\ VFJTF OMD¶DF CJF,FGF .HG[Z[ p5ZGL VG];]lRDF\ NZ EZL VF%IF CMI
T[GL BFTZL ,[JLP
Notes 6 : Store to be supplied to contractors for a work free of cost should be mentioned in Schedule 'A' in
addition to schedule 'B' and the specification attached to the contract agreement form.
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51
SCHEDULE 'B' VG];}lR cBc
Memorandum showing items of works to be carried out : CFY WZJFGF SFDGL AFATM NXF¶JTL IFNL
I/We am/are willing to carry out the work at ………………………………………………..% above/below (percent
should be written in figures and words) of the estimated rates mentioned above. Amount of my/our tender
works out as under.
*Estimated amount *Estimated amount
Put to tender Rs………………… Put to tender Rs. ………………
Deduct ……. % below Rs…………………. Add ………. % above Rs. ………………
Net Rs. ………………… Total Rs. ………………
In words ………………………………………. In words ………………………………………………
*( please strike out whichever is not applicable)
Note 1 - All work shall be carried out as per Public Works Department Handbook and other specifications of
Division or as directed.
GM\Wv! AW\ H SFD AF\WSFD lJEFUGL 5]l:TSF VG[ l0JLhGGL ALÒ BF; lJUT D]HA VYJF ;]RGF 5\DF6[ SZL VF5JFG] ZC[X[P
Note 2 - All the columns is Schedule should be filled in ink and the total of the entries in the last column
should be struck by the contractor under his signature.
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Note 3 - Rates quoted include clearance of site (prior commencement of work and at its close) in all
respects and hold good for work under all conditions, site, moisture, weather etc.
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52
SCHEDULE – C
(See clause No. 2)
Time Schedule, for completion of different designated parts of the work and rate of liquidated damages to be
paid by the Contractor, if he fails to complete the part of work within stipulated time limit is as detailed below :
Earth work
25 % 16 % 0.1 %
50 % 50% 0.1 %
75 % 75% 0.1 %
100 % 100 % 0.1 %
Building work
25 % 10 % 0.1 %
50 % 40 % 0.1 %
75 % 80 % 0.1 %
100 % 100% 0.1 %
Financial Physical
Road work progress completion up
to BT Surface
in Km
25 % 25 % 0.00 0.1 %
50 % 50 % 1.10 0.1 %
75 % 75 % 2.20 0.1 %
100 % 100 % 5.050 0.1 %
Bridge work
25 % 10 % 0.1 %
50 % 40 % 0.1 %
75 % 80 % 0.1 %
100 % 100% 0.1 %
(As corrected vied B & C D G.R. No. TNC - 1091 - IB. - 10/(11) - C, dated 29-6-92).
53
Name of work :- Construction of Rest House @ Waghai, Dist.Dang
The unit rates of controlled cement concrete items for RCC work of mix M-15,
M-20, M-25, M-30 and M-35 included in tender are taken considering cement
consumption as shown below in Table-A.
TABLE-A
1 M-15 290
2 M-20 360
3 M-25 380
4 M-30 410
5 M-35 425
6 M-40 440
7 M-45 450
The contractor will have to submit the mix design for different grades of cement
concrete at his own cost before execution as directed and to be approved from the Engineer in-
charge. The rates of RCC items tendered by the contractor shall be reduced according to the
cement consumption of the approved mix design of cement concrete for that item and shall be
paid accordingly. If the cement consumption of the mix design is less than as prescribed in
Table-A, the recovery shall be made for the difference of less consumption of cement at the
input rate of cement mentioned in Clause-59. The condition is also applicable to the (i) excess
quantity for RCC items and (ii) extra item rate lists. This condition is to be followed in
addition to clause-14.
Executive Engineer
Dang (R&B) Division
Ahwa
54
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73
કામના ટ�ન્ડર ફર�થી મંગાવવામાં આવ
ત્યાર� રાખવાની થતી તક�દાર�
ુ રાત સરકાર
�જ
� ૂચના ક્રમા:-TNC-10-2015-01-C
સ�ચવાલય,ગાંધીનગર
તા.૨૫/૦૮/૨૦૧૫
ુ :-
આ�ખ
ભાવો ભર� અને ત્યાર પછ� ઇ�રદાર� ટ�ન્ડરમાં બીનપોષણૅક્ષમ ભાવો ભયાર્ હ,કામ નહ� કર� શક� તેવા
કારણોસર ટ� ન્ડર રદ કરાયેલ હોય અથવા વેલીડ�ટ� પીર�યડ માં ટ� ન્ડર સ્વીકાર�લ હોઇઅન ે �ૂરતી તક મળ્યા છ
ઇ�રદારશ્રી સી�ોર�ટ� ડ�પોઝીટ ન ભ,એટલે ક� પીછે હઠ કર� ત્યાર� અને વ્યાજબી કારણો વગર ઇ�રદારશ
ુ ામ અ�ર
ચા�ક ુ ા છોડ� અને કરાર રદ થાય તો આવા સંજોગો માત્ર ઇ�રદારશ્રીના કારણોસર ઉદભવ્યા.આ
�સ્થતીમાં કામનાં ટ�ન્ડર ફર�થી માંગવામાં આવે ત્યાર� રદ કરાયેલ ટ�/કરારના સબંિધત ઇ�રદારશ્રી �: ટ�ન્ડર
ઉપરોક્ત બાબત �ગે �ુખ્ત િવચારણાને �તે નીચે �ુજબની આથી �ૂચના આપવામાં આવે .અને આ
ુ
� ૂચના�ું �સ્તપણે પાલન કરવા સવ� સબંિધતોને આથી જણાવવામાં આવે છ .
� ૂચના:-
આ ભાવો� ુ �થુ ્થકરણ માંગવામાં આવે અને જો ઇ�રદારશ્રી તે જણાવેલ સમયમયાર્દામાં ન આપે અને
3. વ્યાજબી કારણો વગર ઇ�રદારશ્રી ચા�ુ કામ અ�ુ� છોડ� અને કરાર રદ થાય તે સંજોગો.
4.
(આર.ક�.ચૌહાણ)
ખાસ ફરજ પરના અિધકાર�(િવ.યો)
માગર ્ અને મકાન િવભા
74
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૧. ડામરકામ વાળાં કામો માટ� હવેથી સ્ટારર�ટ નો તફાવત �ુકવતા પહ�લા ડામર � ર�ફાઇનર�માંથી
ખર�દવામાં આવેલ હોય,ત્યાં ઇ�રદર દ્વારા ર�ૂ કરવામાં આવેલા ડામરના ગેટ પાસની � તે ર�ફાઇનર� દ્વા
ગેટ પાસ ઇસ્ �ુ કરવામાં આવેલ છ ,તે ખરાઇ ર�ફાઇનર� પાસેથી કયાર ્ બાદ જ સ્ટાર ર�ટનો તફાવત �ુકવવામા
આવશે.� કામોમાં આયાતી(ઇમ્પોટ �) ડામર વાપરવામાં આવેલ હોય તેવા �કસ્સામાં � બંદર પર ડામર આયાત
કરવામાં આવેલ હોય તે ઓથોરાઇઝડ ઇમ્પોટર્રના તમામ સાદ�હ્નક કાગળો ચ,ઓથોરાઇઝડ ડ�લર દ્વાર
ઇમ્પોટર્ર પાસેથી ખર�દ કયાર્ની િવગતો ચકાસણી કયાર્ બાદ જ સ્ટાર ર�ટ નો તફાવત �ુકવવામાં.
૨.� કામોમાં વેટમીક્ષ મેકાડમની આઇટમ સ્પેસીફ�ક�શન પ્રમાણે પ્લાન્ટમાં મીક્ષ�ગ કર� કરવા, તેમાં
હવેથી પ્લાન્ટમાંથી � મટ�ર�યલ સાઇટ ઉપર મોકલવામાં આવે તેને ડામરનાં હોટમીક્ષ પ્લાન્ટ માટ�નાં કામો
લખીને મોકલવા� ંુ રહ�શે.કામ� ંુ � ૂકવ�ું કામના સ્પેસીફ�ક�શન ને ધ્યાન રાખીને ગેટ પાસ આધાર�ત ન કરત
વોલ્ �ુમેટ્ર�ક પ�ધ્ધ્તથી કોમ્પેક્ટ�ડ ડ�ન્સીટ� ને ધ્યાને રાખીને િનયત ધારાધોરણ �ુજબનાં ડ�ન્સીટ� ટ�સ્ટ
ુ બ કરવામાં આવશે.જો ઇ�રદાર દ્વારા વેટ મીક્ષ મેકાડમ �ું મીક્ષ�ગ સાઇટ કરવામાં આવ
ચકાસી તે �જ
તે� ુ � ૂકવ�ું કરવામાં આવશે નહ�. VG[ SZFZGF E\U AN, T[VM ;FD[ 5U,F ,[JFGF ZC[X[P
ુ ોનાં કામોમાં મેટલ,કપચી,ગ્ર,ર� તી િવગેર� નાં વપરાશ માટ� સબંિધત કાયર્પાલક ઇજનેરશ્
VGVGV૩.રસ્ત/�લ
દ્વારા આ મટ�ર�યલ માટ�નાં �ોત મં�ૂર કરવાની જોગવાઇ .દર� ક કામમાં વપરાતા મેટલ,કપચી,ગ્ર,માટ� ર� તી
વગેર� �ોત કામની શ�આતમાં મં�ૂર કયાર ્ �ગેનો �ુકમ કાઇશ્રી દ્વારા કરવાનો રહ�શે તથા કામના �ૂકવણા
પહ�લા કામમાં વાપરવામાં આવેલ મટ�ર�યલ મં�ૂર કર� લ �ોતમાંથી જ લેવામાં આવેલ છેતેની ખરાઇ � તે
75
૪. બી-૨ કરારનાં ક્લો-૧૮ માં �.૧.૦૦ કરોડ થી વ� ુ રકમન ં કામો માટ� સાઇટ ઉપર ઇ�રદારનાં ઇજનેરની
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દ્વારા હવે પેનીટ્ર�શન ગ્રેડ ના સ્થાને િવસ્કોસીટ� ગ્રેડ ડામર વાપરવાની જોગવાઇ ટ� ન્ડરમાં કરવ .�થી
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ુ
�સ્તપણે પાલન થાય અને � આયાતી ડામરનો વપરાશ કરવામાં આવે છ .તે સ્પેસીફ�ક�શન �ુજબનો િવસ્કોસીટ
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Clause Existing Provision Modified Provision
17 A (b) For all works costing more than Rs. For all works costing more than Rs.
50000/- and up to Rs. 1 crore (amount put 50000/- and up to Rs. 1 crore (amount
to tender), period shall be 6 months from put to tender), period shall be 12 months
the certified date of completion or one from the certified date of completion or
monsoon, whichever is later one monsoon, whichever is later
17 A (c) For major projects costing more than Rs. For major projects costing more than Rs.
1 crore, period shall be 12 months from 1 crore, (amount put to tender) period
the certified date of completion which shall be 36 months (thirty six) from the
should include one monsoon certified date of completion or three
monsoons whichever is later.
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EXISTING CLAUSE AMENDMENT
FormB-1 Clause 14.2 FormB-1 Clause 14.2
Form B-2 Clause 14.2 Form B-2 Clause 14.2
Except that when the quantity of any item Except that when the quantity of any item
exceeds the quantity as in the tender by exceeds the quantity as in the tender by
more than 30% the contractor will be paid for more than 10% the contractor will be paid for
the quantity in excess of 30% at the rate the quantity in excess of 10% at the rate
entered in the S. O. R. of the year during entered in the S. O. R. of the year during
which the excess in quantity is first executed which the excess in quantity is first executed
and for the material to be charged would be or tender rate which ever is less.
basic rate taken into account for fixing the
rate for the SOR above instead of the rate
stipulated in Schedule-A.
79
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EXISTING CLAUSE AMENDMENT
FormB-1 Clause 48 FormB-1 Clause 14.2
Form B-2 Clause 47 Form B-2 Clause 14.2
The rates to be The rate to be quoted by the Contractor must be inclusive of all
taxes prevailing on due date of bid submission.
quoted by the
However any subsequent changes in the tax structure by
contractor must be Government after due date of bid submission will be compensated (±) on
inclusive of sales availability or submission of actual documentation. Contractor has to
tax. no extra intimate Engineer in charge regarding changes occurred in the tax
payment on this structure after bid submission. If contractor fails to provide such
account will be made information and if any financial obligation may arise due to change in tax
to the contractor structure, same will be recovered from the contractor
The contractor shall apply fair means of stock maintenance and
shall adopt accounting standards as may be prescribed under GST. For
arriving at the difference in procurement prices due to introduction of
GST, it will be open for the Government to ask for original invoices, LR,
weigh bridge slips, payment details and such other documents as may be
required for the purpose.
If there is reduction in overall tax burden then proportional benefit
of that shall be passed on to the Government.
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80