Government of Uttarakhand Public Works Department: Bidding Document

GOVERNMENT OF UTTARAKHAND
PUBLIC WORKS DEPARTMENT

(G.O.-928/III(2)/14-75(lkekU;)/2000T.C. PWD SEC-2, Dated 10-02-2014
and amended vide G.O. no.-1197/III(2)/07-75(lkekU;)/2000 PWD
SEC-2, Dated 24-02-2014 & 5362/III(2)/21-75(lkekU;)/2000T.C. PWD
SEC-2, Dated 09-11-2021)
(National Competitive Bidding)
Under the state plan, construction and protectione work of

damaged Birla Mandir road in Gauharimafi and
construction of road from Ganga Prem Hospital (Cancer
Hospital) to Sh. Rana house to Sh. Vinod Singh house.
BIDDING DOCUMENT
Office of the Superintending Engineer

9th Circle Public Works Department
Dehradun
1
Invitation for Bids
Invitation for Bids
2
Invitation for Bids
INVITATION FOR BIDS

1. Public Works Department (PWD), Government of Uttarakhand (Superintending
Engineer) invites bids from eligible bidders for the construction and completion of the
following works: -
Works Details
Completion Bid Security

S.No. District Period (in lakh
Name Length (in months) Rupees)
Under the state plan, construction and

protectione work of damaged Birla
Mandir road in Gauharimafi and
1 Dehradun
construction of road from Ganga Prem
0.620 Km 12 3.87
Hospital (Cancer Hospital) to Sh. Rana
house to Sh. Vinod Singh house.
2. The bid documents shall be published online on the e-Government Procurement System
(e-GPS) portal https://www.uktenders.gov.in on 17.12.2021. All interested bidders must
be registered on the e-GPS portal https://www.uktenders.gov.in. The registration on the
portal is free of cost.
3. The bid validity period shall be 15 days after the bid submission deadline date.
4. Rs. 100.00 non judicial stamp paper affixed and signed with Rs. 1.00 revenue stamp for
validity of tender.
5. Cost of tender document Rs. 5000.00+G.S.T. as applicable only in the from of demand
draft in the name of Executive Engineer, Temporary Division, PWD, Rishikesh. Draft
for Rs 5000.00 & GST Rs 900.00 to be submitted separately. (Bank draft will be valid
only from Nationalized banks: Punjab National Bank, UCO Bank and State Bank Of India
etc.)
6. Bidders may bid for one or several contracts, as further defined in the Bidding Document.
7. The condition regarding contractor/ bidder enlistment/registration in required category of
work shall be applied as announced by Govt. of Uttarakhand vide G.O. No.
47/XXVII(7)/32/2017 Dt. 02 April 2018 & as amended vide GO No.-3535/III(2)/13-
49(Samanya)/2017, dated 19-07-2018 for participation in bidding process.
8. Bids shall be submitted online (e-tender) on the e-GPS portal
https://www.uktenders.gov.in
9. Bid Submission procedures:-
a) Bidders must be registered on the e-GPS portal https://www.uktenders.gov.in
b) In order to be able to use the e-GPS, a Bidder needs to set up their machine (computer).
The Bidder has to install some utilities (free software) as per the instructions given in Help
Manual for ‘Machine (Computer) Setup’ which is available for download on the e-GPS
portal).
c) The Bids submitted must be signed electronically with a Digital Signature Certificate to
establish the identity of the Bidder bidding online. These Digital Signature Certificates are
issued by approved certifying authorities, authorized by the Controller of Certifying
Authorities, Government of India. More information on how to obtain a DSC and its use is
available under the link “Information About DSC” on the e-GPS portal
https://www.uktenders.gov.in
3
Invitation for Bids
d) Downloading and submission of Bidding Documents is free of charge.

e) Submission of Bids online: Bidders have to submit and sign their encrypted Bids (by
their user Public-Key) online using their digital signature certificate within the date and
time as stated in the Tender Time Schedule (Key Dates). The electronic Bids of only the
Bidders who have submitted their Bid within the stipulated time, as per the Tender Time
Schedule (Key Dates), will be accepted by the system.
Key Dates:
1 Date of Online Publication 17/12/2021, 1600 Hrs
2 Document Download Start Date 17/12/2021, 1630 Hrs
3 Document Download End Date 29/12/2021, 1300 Hrs
4 Pre-bid meeting date 21/12/2021, 1130 Hrs
5 Bid Submission Start Date 22/12/2021, 1300 Hrs
6 Bid Submission End Date 29/12/2021, 1300 Hrs
7 Date of Bid Opening 29/12/2021, 1330 Hrs
10. The bids must be accompanied by the following Documents in Original (i) A bid security
in The name of Executive Engineer, Temporary Division, PWD, Rishikesh, in
accordance with ITB 18.2 for this contract, (ii) Rs.100/- Stamp Paper with Rs.1/-
Revenue Ticket affixed and signed on it, for the validity of rates of the Bidder for the
validity period of 15 Days, (iii) Demand Draft in The name of Executive Engineer,
Temporary Division, PWD, Rishikesh of the amount of bidding document, payable
at Rishikesh (iv) Copy of Contractor Registration as specified above point no.-7,
(v) Notarized Affidavit (on stamp paper of Rs. 100/=) in the prescribed format/language
given in the bidding document, regarding correctness of information furnished with the
bid document. (vi) Bidder must submit an affidavit regarding site visit and examine the
site of work on Rs 10/- Stamp paper duly notarized. Visit of site of work shall be
mandatory as per clause 7.2, Section-1 (Instructions to Bidders). These documents must
be delivered to the office of Superintending Engineer, 9th Circle, PWD, Dehradun on
or before 1300 hours on 29/12/2021. Bids will be opened at 1330 hours on the same
day in the presence of bidders or authorized representatives.
11. Bidders may obtain further information from the website https://www.uktenders.gov.in
(Seal of the Tender Inviting Authority)
4
Section-1 Instructions to Bidders
Section – 1:
Instructions to Bidders
5
Section 1 - Instructions to Bidders

Table of Clauses
A. General ...........................................................................................................................
1. Scope of Bid ..................................................................................................... 8
2. Source of Funds ................................................................................................... 8
3. Fraud and Corruption ................................................................................... .....8-9
4. Eligible Bidders ..................................................................................................9-10
5. Eligible Materials, Equipment and Services ......................................................... 10
B. Contents of Bidding Document ......................................................................................
6. Sections of Bidding Document ...........................................................................10-11

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ...................... 11
8. Amendment of Bidding Document .....................................................................12
C. Preparation of Bids .......................................................................................................
9. Cost of Bidding ................................................................................................. 12
10. Language of Bid .................................................................................................. 12
11. Documents Comprising the Bid ......................................................................12-13
12. Letters of Bid, and Schedules ............................................................................ 13
13. Bid Prices and Discounts ................................................................................... 13
14. Currencies of Bid and Payment ......................................................................... 13
15. Documents Comprising the Technical Proposal ................................................ 14
16. Documents Establishing the Qualifications of the Bidder ................................ 14
17. Period of Validity of Bids ...................................................................................14
18. Bid Security ....................................................................................................14-15
19. Format and Signing of Bid ................................................................................. 15
D. Submission and Opening of Bids ...................................................................
20. Submission of Bids .................................................................................. 15
21. Deadline for Submission of Bids ............................................................. 15
22. Late Bids .................................................................................................. 16
23. Withdrawal, Substitution, and Modification of Bids ................................ 16
24. Bid Opening ............................................................................................. 16
E. Evaluation and Comparison of Bids ..................................................................
25. Confidentiality .................................................................................................. 17
6
26. Clarification of Bids ......................................................................................... 17

27. Deviations, Reservations, and Omissions .......................................................... 17
28. Preliminary Examination of Technical Bids ....................................................17-18
29. Responsiveness of Technical Bid ..................................................................... 18
30. Nonconformities, Errors, and Omissions ....................................................... 18
31. Qualification of the Bidder............................................................................... 19
32. Correction of Arithmetical Errors .................................................................... 19
33. Evaluation of Price Bids .............................................................................. 20
34. Comparison of Bids ...........................................................................................20
35. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ..............20
F. Award of Contract ..................................................................................
36. Award Criteria ......................................................................................... 20
37. Notification of Award ...................................................................................... 20
38. Signing of Contract .............................................................................................21
39. Performance Security .........................................................................................21
7
Section 1 - Instructions to Bidders

A. General
1. Scope of Bid
1.1 The Employer, as indicated in the BDS, issues this Bidding Document for the
procurement of the Works as specified in Section 5 (Works Requirements). The name,
identification, and number of contracts of this bidding are provided in the BDS.
1.2 Throughout this Bidding Document:
(a) the term “in writing” means communicated in written form and delivered against
receipt;
(b) except where the context requires otherwise, words indicating the singular also
include the plural and words indicating the plural also include the singular; and
(c) “day” means calendar day.
2. Source of Funds
2.1 The funds shall be made available by the Government of Uttarakhand
3. Fraud and Corruption
3.1 Government of Uttarakhand requires its personnel, as well as bidders, suppliers, and
contractors to observe the highest standard of ethics during the procurement and
execution of contracts. In pursuance of this policy, the Government of Uttarakhand:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly the
actions of a party;
(iv) “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of another
party;
(b) will reject a proposal for award if it determines that the bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for the Contract;
(c) will sanction a firm or an individual, at any time, in accordance with Government
Policy and Integrity Principles and Guidelines (both as amended from time to time),
including declaring ineligible, either indefinitely or for a stated period of time, to
participate in Government-financed or administered activities or to benefit from an
Government-financed or administered contract, financially or otherwise, if it at any
time determines that the firm or individual has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, or coercive or other prohibited practices; and
(d) will have the right to require that a provision be included in bidding documents and in
contracts financed by Government of Uttarakhand, requiring bidders, suppliers and
contractors to permit Government of Uttarakhand or its representative to inspect their
accounts and records and other documents relating to the bid submission and contract
8
performance and to have them audited by auditors appointed by Government of

Uttarakhand.
3.2 Furthermore, Bidders shall be aware of the provisions of GCC 22.2, and 56.2 (h)
.
4. Eligible Bidders
4.1 A Bidder may be a natural person, private entity, government-owned entity – subject
to ITB 4.5 – or any combination of them with a formal intent to enter into an
agreement or under an existing agreement in the form of a Joint Venture (JV). In the
case of a JV:
(a) all partners shall be jointly and severally liable, and
(b) the JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV during the bidding
process and, in the event the JV is awarded the Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of India.
4.3 Government of Uttarakhand considers a conflict of interest to be a situation in which a

party has interests that could improperly influence that party’s performance of official
duties or responsibilities, contractual obligations, or compliance with applicable laws
and regulations, and that such conflict of interest may contribute to or constitute a
prohibited practice. Government of Uttarakhand will take appropriate actions, which
include not financing the contract, if it determines that a conflict of interest has flawed
the integrity of any procurement process. Consequently all Bidders found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be in a
conflict of interest with one or more parties in this bidding process if, including but
not limited to:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common third parties,
that puts them in a position to have access to information about or influence on the
Bid of another Bidder, or influence the decisions of the Employer regarding this
bidding process; or
(e) a Bidder participates in more than one bid in this bidding process. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids in which the
party is involved. However, this does not limit the inclusion of the same
subcontractor, not otherwise participating as a Bidder, in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of the design or technical
specifications of the contract that is the subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is proposed to be
hired) by the Employer as Engineer for the contract.
4.4 A firm shall not be eligible to participate in any procurement activities under a
Government-financed project while under sanction imposed by Government of
Uttarakhand. A bid from a sanctioned firm will be rejected.
4.5 Government-owned enterprises shall be eligible only if they can establish that they are
legally and financially autonomous and operate under commercial law, and that they
are not a dependent agency of the Employer.
9
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the
Employer, as the Employer shall reasonably request.
4.7 In case a prequalification process has been conducted prior to the bidding process, this
bidding is open only to pre-qualified Bidders.
5. Eligible Materials,
Equipment and Services
5.1 The materials, equipment and services to be supplied under the Contract shall have
their origin in eligible source countries as defined in ITB 4.2 above and all
expenditures under the Contract will be limited to such materials, equipment, and
services. At the Employer’s request, Bidders may be required to provide evidence of
the origin of materials, equipment and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the services
are provided. Materials and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a commercially
recognized product results that differs substantially in its basic characteristics or in
purpose or utility from its components.
B. Contents of Bidding Document
6. Sections of Bidding Document
6.1 The Bidding Document consist of Parts I, II, and III, which include all the Sections
indicated below, and should be read in conjunction with any Addenda issued in
accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)

Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
PART II Requirements
Section 5 – Works Requirements (WRQ)
PART III Conditions of Contract and Contract Forms
Section 6 - General Conditions (GCC)

Section 7 - Particular Conditions (PCC)
Section 8 - Contract Forms (COF)
Section 9 – Technical Specifications
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding Document and
their Addenda, if they were not obtained directly from the source stated by the
Employer in the Invitation for Bids.
10
6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in
the Bidding Document. Failure to furnish all information or documentation required
by the Bidding Document may result in the rejection of the bid.
7. Clarification of Bidding
Document, Site Visit, Pre-Bid Meeting
7.1 A prospective Bidder requiring any clarification of the Bidding Document shall
contact the Employer in writing at the Employer’s address indicated in the BDS or
raise his inquiries during the pre-bid meeting if provided for in accordance with ITB
7.4. The Employer will respond in writing to any request for clarification, provided
that such request is received no later than twenty-one (21) days prior to the deadline
for submission of bids. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Document in accordance with ITB 6.3,
including a description of the inquiry but without identifying its source. Should the
Employer deem it necessary to amend the Bidding Document as a result of a request
for clarification, it shall do so following the procedure under ITB 8 and ITB 21.2.
7.2 The Bidder is advised to visit and examine the Site of Works and its surroundings and
obtain for itself, on its own risk and responsibility, all information that may be
necessary for preparing the bid and entering into a contract for construction of the
Works. The costs of visiting the Site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury, loss of or damage
to property, and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting, if

provided for in the BDS. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any questions in writing, to reach
the Employer not later than one week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised, without
identifying the source, and the responses given, together with any responses prepared
after the meeting, will be transmitted promptly to all Bidders who have acquired the
Bidding Document in accordance with ITB 6.3. Any modification to the Bidding
Document that may become necessary as a result of the pre-bid meeting shall be made
by the Employer exclusively through the issue of an addendum pursuant to ITB 8 and
not through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.
11
8. Amendment of Bidding Document
8.1 At any time prior to the deadline for submission of bids, the Employer may amend the
Bidding Document by issuing addenda. 8.2 Any addendum issued shall be part of the
Bidding Document and shall be communicated in writing to all who have obtained the
Bidding Document from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer may, at its discretion, extend the
deadline for the submission of bids, pursuant to ITB 21.2
C. Preparation of Bids
9. Cost of Bidding
9.1 The Bidder shall bear all costs associated with the preparation and submission of its
Bid, and the Employer shall not be responsible or liable for those costs, regardless of
the conduct or outcome of the bidding process.
10. Language of Bid
10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged
by the Bidder and the Employer, shall be written in the language specified in the BDS.
Supporting documents and printed literature that are part of the Bid may be in another
language provided they are accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents Comprising the Bid
11.1 The Bid shall comprise two envelopes submitted simultaneously online on the e-
Government Procurement System (e-GPS) in accordance with ITB 21.1, one called
the Technical Bid containing the documents listed in ITB 11.2 and the other the Price
Bid containing the documents listed in ITB 11.3.
11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;
(b) Bid Security, in accordance with ITB 18;
(c) written confirmation authorizing the signatory of the Bid to commit the Bidder, in
accordance with ITB 19.2;
(d) documentary evidence in accordance with ITB 16 establishing the Bidder’s
qualifications to perform the contract;
(e) Technical Proposal in accordance with ITB 15;
(f) Any other document required in the BDS.
11.3 The Price Bid shall comprise the following:

(a) Letter of Price Bid;
(b) completed Price Schedules, in accordance with ITB 12 and 13, or as stipulated in
the BDS;
(c) Any other document required in the BDS.
12
11.4 In addition to the requirements under ITB 11.2, bids submitted by a JV shall include a
copy of the Joint Venture Agreement entered into by all partners. Alternatively, a
Letter of Intent to execute a Joint Venture Agreement in the event of a successful bid
shall be signed by all partners and submitted with the bid, together with a copy of the
proposed agreement.
12. Letters of Bid and Schedules
12.1 The Letters of Technical Bid and Price Bid, and the Schedules, and all documents
listed under ITB 11, shall be prepared using the relevant forms furnished in Section 4
(Bidding Forms). The forms must be completed without any alterations to the text,
and no substitutes shall be accepted. All blank spaces shall be filled in with the
information requested.
13. Bid Prices and Discounts
13.1 The prices and discounts quoted by the Bidder in the Letter of Price Bid shall conform
to the requirements specified below.
13.2 The Bidder shall submit a bid for the whole of the works described in ITB 1.1 by
filling in prices for all items of the Works, as identified in Section 4 (Bidding Forms).
In case of admeasurement contracts, the Bidder shall fill in rates and prices for all
items of the Works described in the Bill of Quantities. Items against which no rate or
price is entered by the Bidder will not be paid for by the Employer when executed and
shall be deemed covered by the rates for other items and prices in the Bill of
Quantities.
13.3 The price to be quoted in the Letter of Price Bid shall be the total price of the Bid,
excluding any discounts offered.
13.4 The Bidder shall quote any discounts and the methodology for their application in the
Letter of Price Bid, in accordance with ITB 13.1.
13.5 Unless otherwise provided in the BDS and the Conditions of Contract, the prices
quoted by the Bidder shall be fixed.
13.6 If so indicated in ITB 1.1, bids are being invited for individual contracts or for any
combination of contracts. Offers for any price reduction for the award of more than
one Contract shall not be considered. Bidders must specify in their bid the price
reductions applicable to each contract. Price reductions or discounts shall be
submitted in accordance with ITB 13.4.
13.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for
any other cause, as of the date 28 days prior to the deadline for submission of bids,
shall be included in the rates and prices and the total Bid Price submitted by the
Bidder.
14. Currencies of Bid and Payment
14.1 The currency of the bid and payment shall be as specified in the BDS.
13
15. Documents Comprising the Technical Proposal
15.1 The Bidder shall furnish, as part of the Technical Bid, a Technical Proposal including
a statement of work methods, equipment, personnel, schedule and any other
information as stipulated in Section 4 (Bidding Forms), in sufficient detail to
demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and
the completion time.
16. Documents Establishing the Qualifications of the Bidder
16.1 To establish its qualifications to perform the Contract in accordance with Section 3
(Evaluation and Qualification Criteria) the Bidder shall provide the information
requested in the corresponding information sheets included in Section 4 (Bidding
Forms).
17. Period of Validity of Bids
17.1 Bids shall remain valid for the period specified in the BDS after the bid submission
deadline date prescribed by the Employer. A bid valid for a shorter period shall be
rejected by the Employer as nonresponsive.
17.2 In exceptional circumstances, prior to the expiration of the bid validity period, the
Employer may request Bidders to extend the period of validity of their Bids. The
request and the responses shall be made in writing. If a bid security is requested in
accordance with ITB 18, it shall also be extended twenty-eight (28) days beyond the
deadline of the extended validity period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall not be required or
permitted to modify its Bid.
18. Bid Security

18.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, a
bid security as specified in the BDS, in original form. The amount and currency of the
Bid Security shall be as specified in the BDS.
18.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee;
(b) a Fixed Deposit Receipt; or
(c) an irrevocable letter of credit; or
(d) a cashier’s or certified check;
all from a reputable bank from India. In the case of a bank guarantee, the bid security
shall be submitted either using the Bid Security Form included in Section 4 (Bidding
Forms) or in another substantially similar format approved by the Employer prior to
bid submission. In either case, the form must include the complete name of the
Bidder. The bid security shall be valid for twenty-eight days (28) beyond the original
validity period of the bid, or beyond any period of extension if requested under ITB
17.2.
18.3 Any bid not accompanied by a substantially compliant bid security in accordance with
ITB 18.2, shall be rejected by the Employer as nonresponsive.
14
18.4 If a bid security is specified pursuant to ITB 18.1, the bid security of unsuccessful
Bidders shall be returned as promptly as possible upon the successful Bidder’s
furnishing of the performance security pursuant to ITB 42.
18.5 If a bid security is specified pursuant to ITB 18.1, the bid security of the successful
Bidder shall be returned as promptly as possible once the successful Bidder has signed
the Contract and furnished the required performance security.
18.6 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder
on the Letters of Bid, except as provided in ITB 17.2 or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 38;
(ii) furnish a performance security in accordance with ITB 39; or
(iii) accept corrections of arithmetic errors pursuant to ITB 32; or
(iv) furnish a domestic preference security, if applicable, in accordance with ITB 38.
18.7 The Bid Security of a JV shall be in the name of the JV that submits the Bid. If the JV
has not been legally constituted at the time of bidding, the Bid Security shall be in the
names of all future partners as named in the letter of intent mentioned in ITB 4.1.
19. Format and Signing of Bid
19.1 Bidders shall submit their bids electronically. Procedures for submission, sealing and
marking are outlined in the ITB 20.
19.2 The Bid shall be typed or written in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the bid. The name and
position held by each person signing the authorization must be typed or printed below
the signature.
19.3 A bid submitted by a JV shall be signed so as to be legally binding on all partners.
D. Submission and Opening of Bids
20. Submission of Bids
20.1 The electronic bid submission procedures are specified in the BDS.
21. Deadline for Submission of Bids
21.1 Bids must be received by the Employer through the electronic- Government
Procurement System no later than the date and time in accordance with ITB 20.
21.2 The Employer may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Document in accordance with ITB 8, in which case all rights
and obligations of the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
15
22. Late Bids
22.1 The electronic-Government Procurement System does not permit submission of any bid
after the deadline for submission of bids.
23. Withdrawal, Substitution, and Modification of Bids
23.1 A Bidder may withdraw, substitute, or modify its Bid – Technical or Price prior to
deadline for submission of bids.
23.2 No bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Technical Bid/Letter of Price Bid or any
extension thereof.
24. Bid Opening
24.1 The Employer shall open the Technical Bids at the place and time specified in the
BDS in the presence of Bidders’ representative who chose to attend. Specific
electronic bid opening procedures required shall be as specified in the BDS.
24.2 The Employer shall prepare a record of the opening of Technical Bids that shall
include, as a minimum: the name of the Bidder; and the presence or absence of a bid
security. The Bidders’ representatives who are present shall be requested to sign the
record. The omission of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall be distributed to all
Bidders.
24.3 At the end of the evaluation of the Technical Bids, the Employer will inform the
bidders who have submitted substantially responsive Technical Bids and who have
been determined as being qualified for award of the date and time of the opening of
Price Bids. 24.4 The Employer will notify Bidders in writing who have been rejected
on the grounds of their Technical Bids being substantially non-responsive to the
requirements of the Bidding Document.
24.5 The Employer shall conduct the online opening of Price Bids of all Bidders who
submitted substantially responsive Technical Bids, in the presence of Bidders’
representatives who chose to attend at the address, date and time specified by the
Employer. The bidder’s representatives who are present shall be requested to sign a
register evidencing their attendance.
24.6 Price Bids shall be opened one at a time and the following read out and recorded:
(a) the name of the Bidder;
(b) the Bid Prices, including any discounts; and
(c) any other details as the Employer may consider appropriate. Only Price Bids and
discounts, read out and recorded during the opening of Price Bids shall be considered
for evaluation. No Bid shall be rejected at the opening of Price Bids.
24.7 The Employer shall prepare a record of the opening of Price Bids that shall include, as
a minimum: the name of the Bidder, the Bid Price (per lot if applicable) and any
discounts. The Bidders’ representatives who are present shall be requested to sign the
16
record. The omission of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall be distributed to all
Bidders.
E. Evaluation and Comparison of Bids
25. Confidentiality
25.1 Information relating to the examination, evaluation, comparison, and post

qualification of bids and recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with such process until
information on Contract award is communicated to all Bidders.
25.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids or
Contract award decisions may result in the rejection of its Bid.
25.3 Notwithstanding ITB 25.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Employer on any matter related to the
bidding process, it may do so in writing.
26. Clarification of Bids
26.1 To assist in the examination, evaluation, and comparison of the Technical and Price
Bids, the Employer may, at its discretion, ask any Bidder for a clarification of its bid
or submission in original, of any document submitted in the electronic bid. Any
clarification submitted by a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer’s request for clarification and the response
shall be in writing. No change in the substance of the Technical Bid or prices in the
Price Bid shall be sought, offered, or permitted, except to confirm the correction of
arithmetic errors discovered by the Employer in the evaluation of the Price Bids, in
accordance with ITB 32.
26.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the
Employer’s request for clarification, its bid may be rejected.
27. Deviations, Reservations, and Omissions
27.1 During the evaluation of bids, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Bidding
Document;
(b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information or documentation
required in the Bidding Document.
28. Preliminary Examination of Technical Bids
28.1 The Employer shall examine the Technical Bid to confirm that all documents and
technical documentation requested in ITB Sub-Clause 11.2 have been provided, and to
determine the completeness of each document submitted.
17
28.2 The Employer shall confirm that the following documents and information have been
provided in the Technical Bid. If any of these documents or information is missing,
the offer shall be rejected.
(a) Letter of Technical Bid;
(b) Written confirmation of authorization to commit the Bidder;
(c) Bid Security, if applicable; and
(d) Technical Proposal in accordance with ITB 15.
29. Responsiveness of Technical Bid
29.1 The Employer’s determination of a Bid’s responsiveness is to be based on the contents

of the bid itself, as defined in ITB 11.
29.2 A substantially responsive Technical Bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works
specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding Document, the
Employer’s rights or the Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the Bid submitted in accordance
with ITB 15, Technical Proposal, in particular, to confirm that all requirements of
Section 5 (Works Requirements) have been met without any material deviation or
reservation.
29.4 If a bid is not substantially responsive to the requirements of the Bidding Document, it
shall be rejected by the Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.
30. Nonconformities, Errors, and Omissions
30.1 Provided that a bid is substantially responsive, the Employer may waive any
nonconformities in the Bid that do not constitute a material deviation, reservation or
omission.
30.2 Provided that a Technical Bid is substantially responsive, the Employer may request
that the Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities in the Technical Bid
related to documentation requirements. Requesting information or documentation on
such nonconformities shall not be related to any aspect of the Price Bid. Failure of the
Bidder to comply with the request may result in the rejection of its Bid.
30.3 Provided that a Technical Bid is substantially responsive, the Employer shall rectify
nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price
shall be adjusted, for comparison purposes only, to reflect the price of a missing or
non-conforming item or component. The adjustment shall be made using the method
indicated in Section 3 (Evaluation and Qualification Criteria).
18
31. Qualification of the Bidder
31.1 The Employer shall determine to its satisfaction during the evaluation of Technical
Bids whether Bidders meet the qualifying criteria specified in Section 3 (Evaluation
and Qualification Criteria).
31.2 The determination shall be based upon an examination of the documentary evidence
of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 16.1.
31.3 An affirmative determination shall be a prerequisite for the opening and evaluation of
a Bidder’s Price Bid. A negative determination shall result into the disqualification of
the Bid, in which event the Employer shall return the unopened Price Bid to the
Bidder.
32. Correction of Arithmetical Errors
32.1 During the evaluation of Price Bids, the Employer shall correct arithmetical errors on
the following basis:
(a) if there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Employer there is an obvious
misplacement of the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals,
the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case
the amount in figures shall prevail subject to (a) and (b) above.
32.2 If the Bidder that submitted the lowest evaluated bid does not accept the correction of
errors, its Bid shall be disqualified and its bid security may be forfeited.
33. Evaluation of Price Bids
33.1 The Employer shall use the criteria and methodologies listed in this Clause. No other
evaluation criteria or methodologies shall be permitted.
33.2 To evaluate the Price Bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums and the provision, if any, for contingencies
in the Summary Bill of Quantities for admeasurement contracts, or Schedule of Prices
for lump sum contracts, but including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with ITB 32.1;
(c) price adjustment due to discounts offered in accordance with ITB 13.4;
(d) adjustment for nonconformities in accordance with ITB 30.3;
(e) application of all the evaluation factors indicated in Section 3 (Evaluation and
Qualification Criteria);
33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract,
applied over the period of execution of the Contract, shall not be taken into account in
bid evaluation.
19
33.4 If this Bidding Document allows Bidders to quote separate prices for different
contracts, and the award to a single Bidder of multiple contracts, the methodology to
determine the lowest evaluated price of the contract combinations, including any
discounts offered in the Letter of Price Bid, is specified in Section 3 (Evaluation and
Qualification Criteria).
33.5 If the Bid in an admeasurement contract, which results in the lowest Evaluated Bid
Price, is seriously unbalanced or front loaded in the opinion of the Employer, the
Employer may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After evaluation of the price
analyses, taking into consideration the schedule of estimated Contract payments, the
Employer may require that the amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the Employer against financial
loss in the event of default of the successful Bidder under the Contract. The increase
in performance security shall be evaluated as per procedures specified in BDS.
34. Comparison of Bids
34.1 The Employer shall compare all substantially responsive Bids to determine the lowest
evaluated bid, in accordance with ITB 33.2.
35. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids
35.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to contract award, without thereby
incurring any liability to Bidders. In case of annulment, all bids submitted and
specifically, bid securities, shall be promptly returned to the Bidders.
F. Award of Contract
36. Award Criteria

36.1 The Employer shall award the Contract to the Bidder whose offer has been determined
to be the lowest evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be qualified to perform
the Contract satisfactorily.
37. Notification of Award
37.1 Prior to the expiration of the period of bid validity, the Employer shall notify the
successful Bidder, in writing, via the Letter of Acceptance included in the Contract
Forms, that its bid has been accepted.
37.2 Until a formal contract is prepared and executed, the notification of award shall
constitute a binding Contract.
37.3 At the same time, the Employer shall also notify all other Bidders of the results of the
bidding, and shall publish in an English language newspaper or well-known and freely
accessible website the results identifying the bid and contract numbers and the
following information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as
20
read out at Bid Opening; (iii) name and evaluated prices of each Bid that was
evaluated; (iv) name of bidders whose bids were rejected and the reasons for their
rejection; and (v) name of the winning Bidder, and the Price it offered, as well as the
duration and summary scope of the contract awarded. After publication of the award,
unsuccessful bidders may request in writing to the Employer for a debriefing seeking
explanations on the grounds on which their bids were not selected. The Employer
shall promptly respond in writing to any unsuccessful Bidder who, after publication of
contract award, requests a debriefing.
38. Signing of Contract
38.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Agreement.
38.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful
Bidder shall sign, date, and return it to the Employer.
39. Performance Security
39.1 Within twenty-eight (28) days of the receipt of notification of award from the
Employer, the successful Bidder shall furnish the performance security in accordance
with the conditions of contract, subject to ITB 33.5, using for that purpose the
Performance Security Form included in Section 8 (Contract Forms), or another form
acceptable to the Employer. If the institution issuing the performance security is
located outside the country of the Employer, it shall have a correspondent financial
institution located in the country of the Employer to make it enforceable.
39.2 Failure of the successful Bidder to submit the above-mentioned Performance Security
or to sign the Contract Agreement shall constitute sufficient grounds for the
annulment of the award and forfeiture of the bid security. In that event the Employer
may award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified to perform
the Contract satisfactorily.
21
Sction-2 Bid Data Sheet
Section – 2:
Bid Data Sheet
22
SECTION 2 - BID DATA SHEET

A. Introduction
ITB 1.1 The Employer is: Public Works Department, Government of Uttarakhand,
Dehradun,
Through
(Superintending Engineer,9th Circle PWD, Dehradun)
ITB 1.1 The name of the bidding process is: National Competitive Bidding using Single
Stage: Two Envelope bidding procedure.
The identification number of the bidding process is: (9420/1C-9/21. Date 09/12/2021)
The name, identification and number of Contracts of the NCB are as below.
The bids are being invited at the same time and date for the following Civil Works
Contract Packages:
Road Details/Work Details Bid
Completion Security
S.
District Length Period (in (In Lakh
No. Name
(km) months) Rupees)
Under the state plan, construction and

protectione work of damaged Birla
Mandir road in Gauharimafi and
1 Dehradun
construction of road from Ganga Prem
0.620 Km 12 3.87
Hospital (Cancer Hospital) to Sh. Rana
house to Sh. Vinod Singh house.
(If more than one work is being invited in the same bidding process, add the following: -
A Bidder may bid for one or more of these Contract Packages and the Employer will
evaluate the Bids in accordance with the provisions in ITB, and the methodology described in
Section 3: Evaluation and Qualification Criteria.)
This Bidding Document is for the Contract Package (1 )
ITB 2.1 The name of the Project is: Under the state plan, construction and protectione work of
damaged Birla Mandir road in Gauharimafi and construction of road from Ganga
Prem Hospital (Cancer Hospital) to Sh. Rana house to Sh. Vinod Singh house.
B. Bidding Documents
ITB 7.1 For clarification purposes only, the Employer’s address is:
(Office of The Superintending Engineer,9th Circle P.W.D. Dehradun)
City: Dehradun.
PIN Code: 248001
Country: India
Telephone: 0135-2531152
Mobile number: 91-9412052988
Electronic mail address: [email protected]
Requests for clarification should be received by the Employer no later than:
10 days prior to the deadline for submission of bids.
ITB 7.4 A Pre-Bid meeting shall take place at the following date, time and place: [21-12-2021,
11.30 AM, Dehradun]
Date: 21-12-2021
Time: 1130 Hrs.
Place: Office of The Superintending Engineer, 9th Circle P.W.D. Yamuna
Colony, Dehradun.
23
C. Preparation of Bids
ITB 10.1 The language of the bid is: English
ITB 11.2(f) The Contractor must have a Registered G.S.T. Registration Number.
ITB 11.3(c) Insert if any document is required else write “Not Applicable”
ITB 13.5 The prices quoted by the Bidder shall be (if completion period is more than 18
months) / shall not be (if completion period is less than 18 months) subject to
adjustment during the performance of the Contract in accordance with the provisions
of the conditions of contract.
ITB 14.1 The Currency of the bid and payment shall be Indian Rupees.
ITB 17.1 The bid validity period shall be 15 days after the bid submission deadline date
prescribed by the employer.
Rs. 100.00 non judicial stamp paper affixed and signed with Rs. 1.00 revenue
stamp for validity of tender.
ITB 18.2 [2% of the Estimated Cost of the Work put to Bid or as per the Uttarakhand
Procurement Rules 2017] Rupees 3.87 Lacs.
ITB 19.2 The written confirmation of authorization to sign on behalf of the Bidder shall consist
of Legally Enforceable Power of Attorney. Also, Bids submitted by an existing or
intended JV shall include an undertaking signed by all parties (i) stating that all parties
shall be jointly and severally liable, and (ii) nominating a Representative who shall
have the authority to conduct all business for and on behalf of any and all the parties
of the JV during the bidding process and, in the event the JV is awarded the Contract,
during contract execution.
D. Submission and Opening of Bids
ITB 20.1 If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be:
1. Registration of the Contractors/Bidders on Employer’s Government e-GPS
Portal https://www.uktenders.gov.in: All contractors who are not currently
registered, in order to participate in the Tenders floated using the e-GPS are
required to be registered on the portal https://www.uktenders.gov.in and get
empanelled in the relevant category.
2. Set-up of Machine: In order to be able to use e-GPS, setting up of User’s machine
is required. In order to set up the User’s machine, User has to install some utilities
as per the instructions given in Help Manual for ‘Machine Setup’ (Available for
download on the e-GPS portal).
3. Obtaining a Digital Signature Certificate:
3.1 The Bids submitted online should be signed electronically with a Digital
Signature Certificate to establish the identity of the Bidder bidding online. These
Digital Signature Certificates are issued by an approved certifying authority,
authorized by the Controller of Certifying Authorities, Government of India.
3.2 A Digital Signature Certificate is issued upon receipt of mandatory identity
proofs.
3.3 Bid for a particular Tender may be submitted only using the digital signature
certificate. In case, during the process of a particular Tender, the user looses his
Digital Certificate (i.e. due to virus attack, hardware problem, operating system
24
problem etc.); he may not be able to submit the Bid online. Hence, the users are
advised to back up the certificate and keep the copies at safe places under proper
security to be used in case of emergencies.
3.4 In online tendering, the digital certificate issued to the authorized user of a firm or
association (User) and used for electronic tendering will be considered equivalent
to a no-objection certificate/power of attorney to that user. The firm or association
has to authorize a specific individual via an authorization certificate signed by all
partners to use the digital certificate as per Indian Information Technology Act
2000. Unless the certificate is revoked, it will be assumed to represent adequate
authority of the user to Bid on behalf of the firm or association as per Indian
Information Technology Act 2000. The digital signature of this authorized user
will be binding on the firm or association. It shall be the responsibility of
management/partners of the registered firm or association to inform the Certifying
Authority or Sub Certifying Authority, if the authorized user changes, and apply
for a fresh digital certificate and issue a fresh ‘authorization certificate’ for the
new user.
3.5 The same procedure holds true for the authorized users in a private/public limited
company. In this case, the authorization certificate will have to be signed by the
directors of the company.
4. Downloading and submission of bids is free of charge.
5. Tender Download: Eligible Bidders can download the Tender Document online.
6. Submission of Bids online: Bidders have to submit and sign their encrypted Bids
(by their user Public-Key) online on the Employer’s Government e-GPS Portal
https://www.uktenders.gov.in using their digital signature certificate within the
date and time as stated in the Tender schedule (Key Dates). The electronic Bids of
only the Bidders who have submitted their Bid within the stipulated time, as per the
Tender time schedule (Key Dates), will be accepted by the system.
Key Dates:
1 Date of Online Publication 17/12/2021, 1600 Hrs
2 Document Download Start Date 17/12/2021, 1630 Hrs
3 Document Download End Date 29/12/2021, 1300 Hrs
4 Pre-bid meeting date 21/12/2021, 1130 Hrs
5 Bid Submission Start Date 22/12/2021, 1300 Hrs
6 Bid Submission End Date 29/12/2021, 1300 Hrs
7 Date of Bid Opening 29/12/2021, 1330 Hrs
7. Substitution or Withdrawal of Bids: A Bidder may substitute or withdraw its Bid
prior to the deadline for bid submission.
ITB 24.1 The bid opening shall take place at:

(Office of The Superintending Engineer,9th Circle P.W.D. Dehradun)
City: Dehradun
Country: India
Date: 29/12/2021, Time: 1330 Hrs.
ITB 24.1 The bid opening shall take place online on the Portal https://www.uktender.gov.in on
or after the date indicated in ITB 20.1. A copy of the opening details and tender status
shall be available on the e-GP Portal.
ITB 24.1 For Electronic bid submission in accordance with ITB 20.1, the specific bid opening
25
procedures shall be:

1. Opening of Technical Bid: The Employer shall first open online the Technical
Bids in the presence of Bidders’ designated representatives and anyone who
chooses to attend, and check for the presence and validity of Bid Security and
documents submitted in the Technical Bids, as required by the Employer. In case,
the requirements are not met, the Technical Bid Evaluation will not be conducted,
and the Financial Bid of the concerned Bidder shall not be opened.
The bids must be accompanied by a bid security in accordance with ITB 18.2 for
this contract and must be delivered to office of the [Superintending Engineer, 9th
Circle PWD Dehradun] on or before 1300 hours on 29/12/2021. Bids will be
opened at 1330 hours on the same day in the presence of bidders' representatives
who choose to attend.
2. Opening of Financial Bid: After the completion of the technical evaluation, the
Employer shall open online the Financial Bids submitted by the technically
qualified Bidders in the presence of designated representatives of the technically
qualified bidders and anyone who chooses to attend. Date, time and address of the
public opening of Financial Bids will be intimated separately.
ITB 33.5 The Performance security shall be provided by the contractor to the Employer not
later than the date specified in the letter of acceptance and shall be issued for an
amount of 5% of the contract price in the form acceptable to the employer from
reputable local banks including scheduled banks or nationalized banks acceptable to
the employer. The performance security shall be valid until the date of issuance of
completion certificate. The employer may increase the performance security to a level
sufficient to the protect it against the possibility of financial loss. it the lowest
evaluated bid is unbalanced. The amount of additional performance security shall be
worked out as follows:
1. No additional performance security for items up to 5% below the estimated
item rates.
2. From 5% below to 15% below the estimated rate. an additional performance
security of 0.50% of the estimated cost of the item for every 1% below the
estimated rate.
3. For mort than 15% below the estimated rate, an additional performance
security of 1% of the estimated cost of the item for every 1% below the
estimated cost.
26
Section-3 Evaluation and Qualification Criteria
Section – 3:
Evaluation and Qualification Criteria
28
SECTION 3 - EVALUATION AND QUALIFICATION CRITERIA
This Section contains all the criteria that the Employer shall use for assessing and ensuring the
qualification of bidders determined during post-qualification exercise. The bidder shall provide all
the information requested in the forms included in Section 4 (Bidding Forms)
Table of Contents
Page
1. Evaluation
1.1) Adequacy of Technical Proposal………………………………………………… 30
1.2) Multiple Contracts………………………………………………………………... 30
1.3) Completion Time………………………………………..……………………..…. 30
1.4) Technical Alternative…………………………………………………………….. 30
2. Qualification Criteria
2.1. Eligibility ................................................................................................................... 32
1.1 Nationality .................................................................................................................. 32
1.2 Conflict of Interest ...................................................................................................... 32
1.3 ADB Eligibility .......................................................................................................... 32
1.4 Government-owned Entity ......................................................................................... 32
1.5 UN Eligibility…………………………………………………………………….… 32
2.2. Pending Litigation .................................................................................................... 33

2.1 Pending Litigation ...................................................................................................... 33
2.3. Financial Situation ................................................................................................... 34

3.1 Historical Financial Performance ............................................................................... 34
3.2 Average Annual Construction Turnover .................................................................... 34
3.3 Financial Resources. ………………………………………………………………..34
2.4. Experience ................................................................................................................ 36

4.1 General Construction Experience .............................................................................. 36
4.2 Specific Construction Experience ............................................................................. 36
5a. Plant and Equipment .................................................................................................. 37

5b. Personnel - Technical Staff to be deployed in the Project………………………… 38
5c. Technical Staff to be deployed in the Project for Routine Maintenance works.… 38
29
1. EVALUATION
1.1) Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's technical
capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding
work methods, scheduling and material sourcing in sufficient detail and fully in accordance with the
requirements stipulated in Section 5 (Employer's Requirements).
Non-compliance with equipments and personnel requirements described in Section 5 (Employer’s
Requirements) shall not be grounds for bid rejections and such non-compliance will be subject to
clarification and rectification prior to contract award.
The Cause & reason for accepting the Tender & rejection should be the part of Technical Bid.
1.2) Multiple Contracts

If the Employer simultaneously invites bids for multiple contracts, the Employer will evaluate and compare
bids on the basis of a contract, or a combination of contracts or as a total of contracts in order to arrive at
least cost combination for the Employer. Discounts offered by bidders for the award of multiple contracts are
not allowed and will not be considered in bid evaluation.
If a Bidder submits several successful (lowest evaluated substantially responsive) bids, the evaluation will
also include an assessment of Bidders capacity to meet the aggregated requirements regarding:
• Experience (Specific Construction Experience)

• Financial resources
• Annual average construction turnover
• Personnel to be deployed
• Equipment to be utilized
However, with respect to evaluation of Experience (Specific Construction Experience) under item 2.4.2 of
Section 3, the Employer will use the option as identified below:
N is the minimum number of contracts

V is the minimum value of a single contract
(a) For one Contract:
N contracts, each of minimum value V;
(b) For multiple Contracts
Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for
which the applicant has applied for as follows, and N1, N2, N3, etc. shall be different contracts:
Contract 1: N1 contracts, each of minimum value V1;

----etc.
30
Methodology of evaluation shall be as follows:
Step-1 Bidders shall be first evaluated for individual packages for which bids are submitted in accordance
with criteria specified in this section.
Step-2 Bidders who have submitted bids for multiple packages shall be evaluated for combinations of
packages in accordance with aggregated requirements for respective individual packages. In case a
bidder is found to have submitted more than one lowest evaluated substantially responsive bid and at
the same time its bid capacity is found to be insufficient for award of all such packages, the award of
package(s) to the bidder shall be limited to its bid capacity.
Step-3 The contracts shall be awarded on the basis of the least cost combination for the Employer.
1.3) Quantifiable Non Material Non Conformities

Pursuant to Sub Clause 30.3 of Section 1: Instruction to Bidders, the cost of all quantifiable non-material
non-conformities in a bidder’s a bid proposal shall be evaluated. The employer shall make its assessment of
the cost of any quantifiable non-material non-conformities for the purpose of ensuring fair comparison of
bids, and for this purpose, the employer shall base its assessment on the “Estimated Price” for the same
item(s) or component(s).
31
2. Qualification Criteria
2.1 Eligibility
Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners One Each
Entity Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in accordance with ITB must meet existing or Not must meet Forms given in
Sub-Clause 4.2.* requirement intended JV Applicable requirement Section 4
must meet Form ELI 1 and
requirement
ELI 2
2.1.2 Conflict of Interest

No conflicts of interest in must meet existing or Not Must meet Letter of
accordance with ITB Sub-Clause requirement intended JV Applicable requirement Technical Bid
4.3.* must meet
requirement
2.1.3 Government of Uttarakhand (GoUK) Eligibility

Not having been declared must meet existing or must meet Must meet Letter of
ineligible by GoUK, as described requirement intended JV requirement requirement Technical Bid
in ITB Sub-Clause 4.4.* must meet
requirement
2.1.4 Government-owned Entity

Applicant required to meet must meet must meet must meet Must meet Forms given in
conditions of ITB Sub-Clause requirement requirement requirement requirement Section 4
4.5.* ELI 1 & ELI 2
*Refer to Instructions to Bidders Section I.
32
2.2 Pending Litigation

Joint Venture
Single All Submission
Requirement One Each
Entity Partners Requirements
Partner Partner
Combined
2.2.1 Pending Litigation

All pending litigation shall be treated as must meet Not Not must meet Forms given in
resolved against the Bidder and so shall requirement applicable Applicable requirement Section 4
in total not represent more than 50% by itself or by itself or LIT
percent of the Bidder’s net worth as partner to as partner to
past or past or
existing JV existing JV
33
2.3 Financial Situation

Joint Venture
Partner Partner
Combined
2.3.1 Historical Financial Performance

Submission of audited balance sheets must meet not Not must meet Forms given in
or, if not required by the law of the requirement applicable Applicable requirement Section 4
bidder’s country, other financial
statements acceptable to the Employer,
for the last 3 (Three) 2017-2018, FIN 1
2018-2019, 2019-2020 to demonstrate
the current soundness of the bidder’s
financial position and its prospective
long-term profitability. As a minimum
and the bidder’s net worth calculated
as the difference between total assets
and total liabilities should be positive.

Joint Venture
Partner Partner
Combined
2.3.2 Average Annual Construction Turnover

Minimum average annual construction must meet Must meet must meet must meet Forms given in
turnover as follows: - requirement requirement 50% 25% Section 4
INR (equal to the 50% estimated cost 87.34 of the of the
of the work/time period for completion Lacs. requirement requirement FIN 2
in years)
(inclusive of escalation*) calculated as
total certified payments received for
contracts in progress or completed,
within the last 3 (Three) years
including the base year.
* Base Year and Escalation
The base year shall be taken as 2019-2020.
Following enhancement factor will be used for the cost of works executed and the financial
figures to bring to a common base for the value of works.
Year Enhancement factor
One (i. e 2018-2019) 1.10
Two (i.e. 2017-2018) 1.21
34
Bidder should indicate actual figures of cost and amount for the works executed by them in the
form without accounting for the above-mentioned factors.
2.3.3 Financial Resources criteria -

Joint Venture
All Submission
Requirement Single Entity One Each
Partners Requirements
Combined
Partner Partner
Using Forms FIN – 3 and FIN - 4
in Section 4 (Bidding Forms), the
Bidder must demonstrate access
to, or availability of, liquid assetsa, must meet must meet Forms given in
lines of credit, or other financial must meet must meet 50% b 25% b Section 4
resources (other than any requirement requirement of the of the
contractual advance payments) to requirement requirement FIN 3 & FIN 4
meet the Bidder’s financial
resources requirement indicated in
Form FIN-4.
a
Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term available-for-sale-
securities, marketable securities, trade receivables, short-term financing receivables and other assets that can be
converted into cash within ONE YEAR.
b
The percentage values only apply to the financial requirements of the subject contract and not to the current works
commitments. Refer to FIN-4, B. Financial Resources Requirement for Subject Contract.
35
2.4 Experience

Joint Venture
Partner Partner
Combined
2.4.1 General Construction Experience
Experience under construction contracts must meet not Not must meet Forms given in
in the role of contractor, subcontractor, requirement applicable Applicable requirement Section 4
or management contractor for at least
the last 5 (Five) years prior to the bid
submission deadline. EXP 1

Joint Venture
Partner Partner
Combined
2.4.2 Specific Construction Experience: (a) Contracts of Similar Size and Nature
Participation as contractor, or Must meet Must meet Not Not Forms given in
subcontractor, in at least One contract requirement requirement Applicable Applicable Section 4
that was started and has been 43.67
substantially or successfully completed,
within the last Five years, with a value Lacs EXP 2
of at least (inclusive of escalation*) of
INR(equal to 25% of the estimated
cost of the work), and that are similar
to the proposed works. The similarity
shall be necessarily based on the
physical size, complexity, methods,
technology or other characteristics as
described in Section 5, Works
Requirements.
* The escalation shall be calculated as per the procedure described under para 2.3.2 of this section
36
2.5 The Minimum Requirement of key Plant and Equipment to be deployed in the Project
during execution.
The Bidder shall demonstrate clearly that it has the capability to meet the minimum
requirement listed below.
(The below is for road works including reconstruction and improvement)
Minimum Average Age (see note

Sl.
Details of Equipment Nos. Capacity below)
No.
Required
1. Front end-loader 1 1 cum bucket 5 years
2. Three Wheel Static Roller 1 80KN-100 KN 5 years
3. Tractor Trolley 2 - 5 years
4. Water Tanker 2 6 KL 5 years
5. Concrete Mixer 2 1 Bag Capacity 5 years
5. Pin Vibrator 2 5 year
6. Plate Vibrator 2 5 year
7. Mixall 1 6-10 t capacity 5 year
8. Bitumen boiler oil fired 1 1000 litre 5 year
9. Hydraulic piling rig with power unit 1 5 year
10. light crane 1 5 year
11. Bentonite pump. 1 5 year
The Bidder shall provide further details of proposed items of equipment using the relevant Form
in Section 4 (Bidding Forms).
The following shall be applicable only when more than one work is put to bid at the same
time in the same Invitation for Bids
If the bidder is submitting bids on more than one contract, the bidder may either submit separate
details of proposed equipment per contract or submit the list of all his available equipment
together with an undertaking in the form of an affidavit stating that the bidder shall mobilize
complete set(s) of minimum key equipment required for other contracts in accordance with the
requirements stipulated in Section 5 (Employer's Requirements), if awarded the contracts
Failure to provide relevant information in the prescribed forms or to submit the undertaking in the
form of an affidavit shall cause the bidder to be declared disqualified.
Note: 1. The Maximum age of the equipment shall not be more than 5 years as on
01.04.2021 (use latest date). For this purpose, the age of the equipment shall be
calculated from the date of manufacturing of the equipment.
2. The Bidder’s provision of the minimum equipment requirements given in the list
above shall not relieve the Bidder, in the event of contract award, of his obligation
to provide sufficient equipment to construct and complete the Works in
accordance with the Contract.
37
2.6 Requirement of Technical Staff to be deployed in the Project (Section 4 PER 1 & 2).
The Bidder shall demonstrate availability of qualified key personnel listed below.
Total Work Experience in

No. Position Experience Similar Works
(Years) (Years)
1 Project Manager - 1 No. 10 2
Deputy Project Manager cum Highway
2 5 2
Engineer - 1 No.
3 Quantity Surveyor - 1No. 5 2
4 Civil Engineer - 1 No. 5 2
5 Construction Safety Officer - 1 No. 2 2
6 Supervisor - 2 No. 5 4
(The following shall be applicable only when more than one work is put to bid at the same
time in the same Invitation for Bids)
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Information Forms included in Section 4 (Bidding Forms). If the bidder
is submitting bids on more than one contract, the bidder may either submit separate details of
proposed personnel per contract or submit a list of all available personnel together with an
undertaking in the form of an affidavit stating that the bidder shall deploy another complete
set(s) of minimum key personnel required for other contracts and other positions, consistent
with the bidder's proposal regarding work methods, scheduling, and material sourcing and fully
in accordance with the requirements stipulated in Section 5 (Employer's Requirements) if
awarded the contracts.
38
during execution.
(The below is for building work)

Sl. No. Details of Equipment Nos. Capacity 1 below)
Required
N.A.
above shall not relieve the Bidder, in the event of contract award, of his obligation to
provide sufficient equipment to construct and complete the Works in accordance with
the Contract.
39

(Years) (Years)
N.A.
The Bidder shall provide details of the proposed personnel and their experience records in the
relevant Information Forms included in Section 4 (Bidding Forms). If the bidder is submitting
bids on more than one contract, the bidder may either submit separate details of proposed
personnel per contract or submit a list of all available personnel together with an undertaking in
the form of an affidavit stating that the bidder shall deploy another complete set(s) of minimum
key personnel required for other contracts and other positions, consistent with the bidder's
proposal regarding work methods, scheduling, and material sourcing and fully in accordance
with the requirements stipulated in Section 5 (Employer's Requirements) if awarded the
contracts.
40
during execution.
(The below is for Bridge works)

Sl.
Details of Equipment Nos. Capacity 1 below)
No.
Required
N.A.
above shall not relieve the Bidder, in the event of contract award, of his obligation to
provide sufficient equipment to construct and complete the Works in accordance with
the Contract.
41

(Years) (Years)
N.A.
The Bidder shall provide details of the proposed personnel and their experience records in the
relevant Information Forms included in Section 4 (Bidding Forms). If the bidder is submitting
bids on more than one contract, the bidder may either submit separate details of proposed
personnel per contract or submit a list of all available personnel together with an undertaking in
the form of an affidavit stating that the bidder shall deploy another complete set(s) of minimum
key personnel required for other contracts and other positions, consistent with the bidder's
proposal regarding work methods, scheduling, and material sourcing and fully in accordance
with the requirements stipulated in Section 5 (Employer's Requirements) if awarded the
contracts.
42
Section-4 Bidding Forms
Section – 4:
BIDDING FORMS
41
Section 4 - Bidding Forms

- Postqualification -
Table of Forms
Letter of Technical Bid ................................................................................................................................... 43
Letter of Price Bid ........................................................................................................................................... 44
Bid Security ..................................................................................................................................................... 45
Technical Proposal ......................................................................................................................................... 46
Personnel....................................................................................................................................................... 47
Form PER – 1: Proposed Personnel ......................................................................................................... 47
Form PER – 2: Resume of Proposed Personnel ...................................................................................... 48
Equipment ..................................................................................................................................................... 49
Site Organization ........................................................................................................................................... 50
Method Statement.......................................................................................................................................... 51
Mobilization Schedule .................................................................................................................................... 52
Construction Schedule ................................................................................................................................... 53
Bidder's Qualification..................................................................................................................................... 54
Form ELI - 1: Bidder’s Information Sheet ....................................................................................................... 55

Form ELI - 2: JV Information Sheet ................................................................................................................ 56
Form LIT - Pending Litigation ......................................................................................................................... 57
Form FIN - 1: Financial Situation ................................................................................................................... 58
Form FIN - 2: Average Annual Construction Turnover ................................................................................... 59
Form FIN – 3: Financial Resources .............................................................................................................. 60
Form FIN- 4: Current Contract Commitments / Works in Progress .............................................................. 61
Form EXP – 1: General Construction Experience ......................................................................................... 62
Form EXP – 2: Specific Construction Experience ......................................................................................... 63
42
Letter of Technical Bid

Date: ..................................................
Invitation for Bid No.: ..................................................
To: .............................................................................................................................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute works in conformity with the Bidding Documents.
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of . . .
. . days from the date fixed for the bid submission deadline in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period;
(d) Our firm, including any subcontractors or suppliers for any part of the Contract, has
nationality of India.
(e) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3;
(f) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB 4.3,
(g) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any
part of the contract, has not been declared ineligible by Government of Uttarakhand and
under India’s laws or official regulations;
(h) We are not a government owned entity / We are a government owned entity but meet the
requirements of ITB4.5; *
(i) We agree to permit Government of Uttarakhand or its representative to inspect our
accounts and records and other documents relating to the bid submission and to have
them audited by auditors appointed by Government of Uttarakhand or Government of
India.
(j) Our registration id on the Employer’s Government e-Procurement portal
https://www.uktenders.gov.in is………………………………………………..
(k) We have not been declared ineligible under the provisions of ITB 18.2 (Bid Securing
Declaration)
Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ...............................................................................................................................................
...........................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date .......................................................................................................................................
* Use one of the two options as appropriate
43
Letter of Price Bid

Date: ..................................................
Invitation for Bid No.: ..................................................
To: .............................................................................................................................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute works in conformity with the Bidding Documents;
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
(d) The discounts offered and the methodology for their application are:
(e) Our Bid shall be valid for a period of . . . . . days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon us
and may be accepted at any time before the expiration of that period;
(f) If our Bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Documents;
(g) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and
(h) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
(i) We agree to permit Government of Uttarakhand or its representative to inspect our
accounts and records and other documents relating to the bid submission and to have
them audited by auditors appointed by Government of Uttarakhand or Government of
India.
(j) If awarded the contract, the person named below shall act as Contractor’s Representative.
Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ...............................................................................................................................................
...........................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date .......................................................................................................................................
44
Bid Security
Bank Guarantee
......................................................... Bank’s Name, and Address of Issuing Branch or Office .................................
Beneficiary: ............................ Name and Address of Employer ...........................................
Date: .............................................................................................................................................................................................................
Bid Security No.: ...........................................................................................................................................................................
We have been informed that . . . . . name of the Bidder. . . . . (hereinafter called "the Bidder")
has submitted to you its bid dated . . . . . . . . . (hereinafter called "the Bid") for the
execution of . . . . . . . . name of contract . . . . . . . under Invitation for Bids No. . . . . . . . . .
(“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported
by a bid guarantee.
At the request of the Bidder, we . . . . . name of Bank. . . . . hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of . . . . . . . . . .amount in figures .
. . . . . . . . (. . . . . . .amount in words . . . . . . . ) upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Bidder is in breach of its
obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the
Form of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to
Bidders (hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period
of bid validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or
refuses to furnish the Performance Security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the Contract Agreement signed by the Bidder and the performance security
issued to you upon the instruction of the Bidder; and (b) if the Bidder is not the
successful Bidder, upon the earlier of (i) our receipt of a copy your notification to the
Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the
expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us
at the office on or before that date.
. . . . . . . . . . . .Bank’s seal and authorized signature(s) . . . . . . . . . .
Note: All italicized text is for use in preparing this form and shall be deleted from the final document
45
Technical Proposal
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
46
Personnel
Bidders should provide the names of suitably qualified personnel to meet the requirements specified
in Section 3 (Evaluation and Qualification Criteria). The data on their experience should be supplied
using the Form below for each candidate.
Form PER – 1: Proposed Personnel
Sl No. Title of position* Name* Experience
Total Number of years

Experience of experience at
relevant position
In PER-2 highlight the minimum qualification and experience data submitted in

last two columns
*As listed in Section 3 (Evaluation and Qualification Criteria).
47
Form PER – 2: Resume of Proposed Personnel

The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used
for evaluation
Position*
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.
From* To* Company Position Relevant Technical and

Management Experience*
48
Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section 3 (Evaluation and Qualification
Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.
Item of Equipment
Equipment Name of manufacturer Model and power rating

Information
Capacity Year of manufacture
Current Current location

Status
Details of current commitments
Source Indicate source of the equipment
 Owned  Rented  Leased  Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
49
Site Organization
50
Method Statement
51
Mobilization Schedule
52
Construction Schedule
53
Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.
54
Form ELI - 1: Bidder’s Information Sheet
Bidder’s Information
Bidder’s legal name
In case of JV, legal name of

each partner
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s legal address in

country of constitution
Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 and 4.2.
 2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 4. In case of a government-owned entity, any additional documents not covered under 1 above required to comply with ITB
4.5.
55
Form ELI - 2: JV Information Sheet
Each member of a JV must fill in this form
JV / Specialist Subcontractor Information
Bidder’s legal name
JV Partner’s or
Subcontractor’s
legal name
JV Partner’s or
Subcontractor’s
country of
constitution
JV Partner’s or
Subcontractor’s
year of
constitution
JV Partner’s or
Subcontractor’s
legal address in
country of
constitution
JV Partner’s or
Subcontractor’s
authorized
representative
information
(name, address,
telephone numbers,
fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 20.2.
 3. In the case of government-owned entity, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5.
56
Form LIT - Pending Litigation
Each Bidder or member of a JV must fill in this form
Pending Litigation
 No pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)
 Pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)
Value of
Value of Pending
Year Matter in Dispute Pending Claim as a
Claim in INR Percentage of
Net Worth
57
Form FIN - 1: Financial Situation
Financial Data for Previous 3 Years INR
Year 1: 2019-2020 Year 2: 2018-2019 Year 3: 2017-2018
Information from Balance Sheet
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last
three years, as indicated above, complying with the following conditions.
 All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies.
 Historic financial statements must be audited by a certified accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
58
Form FIN - 2: Average Annual Construction Turnover
Annual Turnover Data for the Last 3 Years (Construction only)

Amount
Year
INR
2019-2020
2018-2019
2017-2018
Average Annual
Construction Turnover
The information supplied should be the Annual Turnover of the Bidder or each member of a JV in
terms of the amounts billed to clients for each year for work in progress or completed.
59
Form FIN – 3: Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments and current liabilities, available to meet
the total construction cash flow demands of the subject contract or contracts as indicated in Section 3
(Evaluation and Qualification Criteria)
Financial Resources
No. Source of financing Amount INR
1
Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term available-for-
sale-securities, marketable securities, trade receivables, short-term financing receivables and other assets
that can be converted into cash within one year.
Attached are copies of letters from source of financing duly dated, signed and stamped by officials
of the source of financing.
1. Committing in clear unambiguous terms that if the subject put to bid contract package is
awarded to the bidder the source of financing shall extend the amount indicated as the line of
credit.
2. Mentioning the status of the following: -
a) Total amount of available sanctioned lines of credit from the sources of financing to the bidder
for financing the current contract commitments.
b) Utilized amount of line of credit out of the above available sanctioned lines of credit.
c) Balance amount of unutilized line of credit (but not cancelled) out of the available sanctioned
lines of credit.
Solvency Certificates shall not be considered as line of credit.
60
Form FIN- 4: Current Contract Commitments / Works in Progress
Bidder (or each JV partner) should provide information indicated below in order to calculate the
aggregated financial resources requirement, which requirement equals the sum of: (i) the Bidder’s (or
each JV partner’s) current commitments on all contracts that have been awarded, or for which a letter of
intent or acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued and (ii) financial resources requirement for
subject contract as determined by the Employer. Bidder must also disclose any other financial
obligations that could materially affect the implementation of subject contract if such contract were to be
awarded to the Bidder.
Financial Resources Requirement

Employer’s Remaining Outstanding
Contract Monthly Financial Resources
Name of Contact Contract Contract
No. Completion Requirement
Contract (Address, Tel, Period in Value
Date (B / A)
Fax) months (A)1 (B)2
A. Cumulative Financial Resources Requirement for Current Contract Commitments3 INR …………
B. Financial Resources Requirement for Subject Contract (Employer to specify)4 INR 17.47 Lakh
[insert amount equal to 10% of the
estimated cost]
Financial Resources Requirement (Sum of A and B) INR …………
1
Remaining contract period to be calculated from 28 days prior to bid submission deadline.
2
Remaining Outstanding Contract Values to be calculated from 28 days prior to the bid submission deadline
(INR equivalent based on the foreign exchange rate as of the same date).
3
Each JV partner must meet 100% of 1 month of its own current works commitment.
4
All partners combined must meet 100% of this requirement. Each Partner and One Partner must meet
specified percentages values in Section 3, sub-clause 2.3.3.
Attached:
An undertaking certifying that information on all current contract commitments has been provided and
the information provided is correct.
61
Form EXP – 1: General Construction Experience
General Construction Experience

Starting Ending Contract Identification and Name
Month Month Years Name and Address of Employer Role of Bidder
Year Year Brief Description of the Works Executed by the Bidder
Attach copies of certificates of accreditation for the project listed above. These certificates should be
furnished & duly signed by competent authority as per prescribed format (vide G.O. No.2153/III(2)/19-
75(Samanya)/2000, dated 03-06-2019) attached with this section as Annexure-1. If not furnished in
prescribed format the bidder shall be non responsive.
62
Form EXP – 2: Specific Construction Experience
Fill up one (1) form per contract.
Contract of Similar Size and Nature
Contract No . . . . . Contract
. of . . . . . . Identification
Completion
Award Date
Date
Role in Contract  Contractor  Subcontractor
Total Contract INR

Amount
If partner in a JV or
subcontractor,
specify
Percent of Total Amount
participation of
total contract
amount
Employer’s Name
Address
Telephone/Fax
Number
E-mail
Description of the similarity in accordance with Criteria 2.4.2 of Section 3
Attach copies of certificates of accreditation for the project listed above. These certificates should be
furnished & duly signed by competent authority as per prescribed format (vide G.O. No.2153/III(2)/19-
75(lkekU;)/2000, dated 03-06-2019) attached with this section as Annexure-1. If not furnished in
prescribed format for required amount the bidder shall be non responsive.
63
(Annexure-1)
CERTIFICATE OF COMPLETION OF WORK
(As per G.O. No.- 2153/III(2)/19-75(Samanya)/2000, dated 03-06-2021)
TO WHOM IT MAY CONCERN
Letter No……………………………….. Date ..................
1. Name of work -.....................................................................................................................

2. Contract Agreement No. - ..................................................... Date.............................
3. Contract of Period - .......................................Years .....................Month ............................
4. Date of commencement - ....................................................................................................
5. Contract Completion Date (As per Agreement/EOT) ...........................................................
6. Contract Completion Date (As per Actual) ..........................................................................
7. Contract Price as per agreement – Rs. ................................................................................
8. Contract Price as per actual (Including last approved variation) - .....................................
9. Name of Contract - .............................................................................................................
10. Name of Employer - ..........................................................................................................
11. Name of Executive Agency - ...........................................................................................
12. Name of Supervision Consultant (If any) - .......................................................................
13. Name of Engineer and Address for DLP - .........................................................................
14. In Case of J.V. Name of Contractors with Percentage (i)- ..............................................
(ii)- ...........................................
15. Project Components (Physical & Financial) - .......................... As Below .....................
PROJECT COMPONENT
(Road Work)
Civil work
Financial Hill Side R.C.C. Work WBM Bituminous Interlocking Drain Total
Year Cutting (R/wall) Including work Concrete
GSB Block
Pavements
Phy. Fin. Phy. Fin. Phy. Fin. Phy. Fin. Phy. Fin. Phy. Fin. Fin.
Km Lakh Km Lakh Km Lakh Km Lakh Km Lakh Km Lakh Lakh
REMARK:- Certified that the works mentioned in above table have been completed satisfactory.
Certified by Issuing Office
Signature with date Signature with date
Name Name
Designation & Stamps Designation & Stamps

(Accountant) (Executive Engineer)
(Concerning Division) (Concerning Division)
64
Section-5 Employers requirements
Section – 5:
Employers Requirements
65
SECTION 5 - EMPLOYER’S REQUIREMENTS
Supplementary Information
1.1 Project Location
The project roads are distributed in the ….. district(s) Dehradun of Uttarakhand, viz.
…………………………………………………………………………………………….
All roads are mostly single lane road. The start and end of each project road along with
the nearest settlement is indicated in Table 1.1 below. All roads are indicated in Fig
1.1.
Table 1.1
Sl. Work Name District Road Chainage Village Name / Location

Category Start End Start End
No.
1. Under the state plan, Dehradun VR - - - -
construction and
protectione work of
damaged Birla
Mandir road in
Gauharimafi and
construction of road
from Ganga Prem
Hospital (Cancer
Hospital) to Sh. Rana
house to Sh. Vinod
Singh house.
66
Insert Location Map-Attached.
67
Fig: 1.1 Locations of the Project Roads
1.2 Project – Under the state plan, construction and protectione work of damaged Birla
Mandir road in Gauharimafi and construction of road from Ganga Prem
Hospital (Cancer Hospital) to Sh. Rana house to Sh. Vinod Singh house.
1.2.1 Work:- Under the state plan, construction and protectione work of damaged Birla
1.2.2 District: Dehradun.
1.2.3 Block: Doiwala
1.3 Land use-
1.4 Climate— Moderate
1.5 Terrain- Plain
1.6 Roadside Development and Villages-

1.7 Existing Right of Way (ROW)
The ROW for each roads are as follows:
Sl Existing
No Work Name District Category ROW
. (m)
Under the state plan, construction Dehradun VR
and protectione work of damaged
Birla Mandir road in Gauharimafi
1 and construction of road from
Ganga Prem Hospital (Cancer
Hospital) to Sh. Rana house to Sh.
Vinod Singh house.
1.8 Bridges and Culverts/Scuper -
1.9 ROB and Underpass- Nil
1.10 Intersections/Junctions-
1.11 Existing Drainage Pattern- Natural
68
1.12 Salient Improvement Proposal-
1.12.1 Major Project Components- GSB, WBM G3, Interlocking Concrete Block
Pavements work, C.C. 1:4:8, RCC Work, Drain work, etc.)
1.12.2 Typical Cross-section and Schedule-

The Summary of Improvement Proposal is enclosed as Annexure 1
1.12.3 Material Sourcing- Quarry/Crusher.
1.12.4 Specification
The latest version of MORD and As per PWD Uttrakahand Spacification are to be
followed for execution of works at site.
1.12.5 Construction Period - 12 Month.
69
Annexure 1
Summary of Improvement Proposals
Lane Improvement Proposals/ Pavement

Configuration composition
Reconstruction/New
SL. Road BT/ Length of Construction Overlay
Project Name Proposed Overlay Construction for widening Remarks
No. category ER road (Km.) (Km) (Km)
portion
Under the state plan,
construction and
protectione work of
damaged Birla Mandir road
in Gauharimafi and Construction work
1 V.R. 0.620 Km 0.620 Km - - -
construction of road from
Ganga Prem Hospital
(Cancer Hospital) to Sh.
Rana house to Sh. Vinod
Singh house.
70
Section-6 General Conditions of Contract
Section 6 - General Conditions of Contract

_______________________________
[Name of Employer]
_______________________________
[Name of Contract]
71
Table of Clauses
A. General .............................................................................................................. 74
1. Definitions ............................................................................................................ 75
2. Interpretation ........................................................................................................ 76
3. Language and Law ............................................................................................... 76
4. Engineer’s Decisions ........................................................................................... 76
5. Delegation ............................................................................................................ 76
6. Communications .................................................................................................. 76
7. Subcontracting ..................................................................................................... 76
8. Other Contractors ................................................................................................. 76
9. Personnel and Equipment .................................................................................... 76
10. Employer’s and Contractor’s Risks .................................................................. 77
11. Employer’s Risks .............................................................................................. 77
12. Contractor’s Risks .............................................................................................. 77
13. Insurance ............................................................................................................ 77
14. Site Investigation Reports .................................................................................. 78
15. Contractor to Construct the Works .................................................................... 78
16. The Works to Be Completed by the Intended Completion Date ....................... 78
17. Designs by Contractor and Approval by the Engineer ...................................... 78
18. Safety ................................................................................................................ 78
19. Discoveries ........................................................................................................ 79
20. Possession of the Site ........................................................................................ 79
21. Access to the Site .............................................................................................. 79
22. Instructions, Inspections and Audits .................................................................. 79
23. Appointment of the Adjudicator ........................................................................ 80
24. Procedure for Disputes ...................................................................................... 80
B. Time Control ...................................................................................................... 81
25. Program ............................................................................................................ 81
26. Extension of the Intended Completion Date ..................................................... 81
27. Acceleration....................................................................................................... 81
28. Delays Ordered by the Engineer........................................................................ 82
29. Management Meetings ...................................................................................... 82
30. Early Warning .................................................................................................... 82
C. Quality Control ..................................................................................................82
31. Identifying Defects ............................................................................................ 82
32. Tests .................................................................................................................... 82
33. Correction of Defects ........................................................................................ 82
34. Uncorrected Defects .......................................................................................... 83
D. Cost Control ....................................................................................................... 83
35. Contract Price .................................................................................................... 83
36. Changes in the Contract Price ........................................................................... 83
37. Variations .......................................................................................................... 84
38. Cash Flow Forecasts ......................................................................................... 84
72
39. Payment Certificates ......................................................................................... 84

40. Payments ........................................................................................................... 84
41. Compensation Events ........................................................................................ 85
42. Tax ........................................................................................................ 85
43. Currencies ......................................................................................................... 86
44. Price Adjustment ............................................................................................... 87
45. Retention ........................................................................................................... 87
46. Liquidated Damages .......................................................................................... 87
47. Bonus ................................................................................................................ 87
48. Advance Payment.............................................................................................. 88
49. Securities ........................................................................................................... 88
50. Dayworks .......................................................................................................... 88
51. Cost of Repairs .................................................................................................. 89
E. Finishing the Contract ...................................................................................... 89
52. Completion ........................................................................................................ 89
53. Taking Over ....................................................................................................... 89
54. Final Account ..................................................................................................... 89
55. Operating and Maintenance Manuals ................................................................ 89
56. Termination........................................................................................................ 89
57. Fraud and Corruption ........................................................................................ 90
58. Payment upon Termination ............................................................................... 91
59. Property ............................................................................................................ 91
60. Release from Performance .............................................................................. 91
61. Eligibility............................................................................................................ 91
62. Labor Laws and Regulations…………………………………………… 92
63. Environmental Laws and Regulations…………………………………..... 92
73
General Conditions of Contract

A. General
1. Definitions
1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount accepted in the Letter of
Acceptance for the execution and completion of the Works and the remedying of
any defects.
(b) The Activity Schedule is a schedule of the activities comprising the construction,
installation, testing, and commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity, which is used for valuations and for
assessing the effects of Variations and Compensation Events.
(c) The Adjudicator is the person appointed jointly by the Employer and the
Contractor to resolve disputes in the first instance, as provided for in GCC 23.1
hereunder.
(d) Bill of Quantities means the priced and completed Bill of Quantities forming part
of the Bid.
(e) Compensation Events are those defined in GCC 41.1 hereunder.
(f) The Completion Date is the date of completion of the Works as certified by the
Engineer, in accordance with GCC 52.1.
(g) The Contract is the Contract between the Employer and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in GCC 2.3
below.
(h) The Contractor is the party whose Bid to carry out the Works has been accepted by
the Employer.
(i) The Contractor’s Bid is the completed bidding document submitted by the
Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated in the Letter of
Acceptance and thereafter as adjusted in accordance with the Contract.
(k) Days are calendar days; months are calendar months.
(l) Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.
(m) A Defect is any part of the Works not completed in accordance with the Contract.
(n) The Defects Liability Certificate is the certificate issued by Engineer upon
correction of defects by the Contractor.
(o) The Defects Liability Period is the period calculated from the Completion Date
where the Contractor remains responsible for remedying defects.
(p) Drawings include calculations and other information provided or approved by the
Engineer for the execution of the Contract.
(q) The Employer is the party who employs the Contractor to carry out the Works, as
specified in the PCC.
(r) Equipment is the Contractor’s machinery and vehicles brought temporarily to the
Site to construct the Works.
(s) Force Majeure means an exceptional event or circumstance: which is beyond a
Party's control; which such Party could not reasonably have provided against before
entering into the Contract; which, having arisen, such Party could not reasonably
have avoided or overcome; and, which is not substantially attributable to the other
Party.
74
(t) The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.
(u) The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is specified in
the PCC. The Intended Completion Date may be revised only by the Engineer by
issuing an extension of time or an acceleration order.
(v) Letter of Acceptance means the formal acceptance by the Employer of the Bid and
denotes the formation of the Contract at the date of acceptance.
(w) Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
(x) “Party” means the Employer or the Contractor, as the context requires.
(y) PCC means Particular Conditions of Contract
(z) Plant is any integral part of the Works that shall have a mechanical, electrical,
chemical, or biological function.
(aa) The Engineer is the person named in the PCC (or any other competent person
appointed by the Employer and notified to the Contractor, to act in replacement of
the Engineer) who is responsible for supervising the execution of the Works and
administering the Contract.
(bb) Retention Money means the aggregate of all monies retained by the Employer
pursuant to GCC 45.1.
(cc) The Site is the area defined as such in the PCC.
(dd) Site Investigation Reports are those that were included in the bidding documents
and are factual and interpretative reports about the surface and subsurface
conditions at the Site.
(ee) Specification means the Specification of the Works included in the Contract and
any modification or addition made or approved by the Engineer.
(ff) The Start Date is given in the PCC. It is the latest date when the Contractor shall
commence execution of the Works. It does not necessarily coincide with any of the
Site Possession Dates.
(gg) A Subcontractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the work in the Contract, which includes work on
the Site.
(hh) Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.
(ii) A Variation is an instruction given by the Engineer which varies the Works.
(jj) The Works are what the Contract requires the Contractor to construct, install, and
turn over to the Employer, as defined in the PCC.
2. Interpretation
2.1 In interpreting these GCC, singular also means plural, male also means female or
neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The
Engineer shall provide instructions clarifying queries about these GCC.
2.2 If sectional completion is specified in the PCC, references in the GCC to the
Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
75
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities (or Schedules of Prices for lump sum contracts), and
(i) any other document listed in the PCC as forming part of the Contract.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the
PCC.
4. Engineer’s Decisions
4.1 Except where otherwise specifically stated, the Engineer shall decide contractual
matters between the Employer and the Contractor in the role representing the
Employer.
5. Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people
except to the Adjudicator, after notifying the Contractor, and may cancel any
delegation after notifying the Contractor.
6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is delivered.
7. Subcontracting
7.1 The Contractor may subcontract with the approval of the Engineer, but may not
assign the Contract without the approval of the Employer in writing. Subcontracting
shall not alter the Contractor’s obligations. The subcontracting shall not exceed 50%
of the total value of work. The Sub Contractors should have an experience in any
one year with in the last 3 years of execution of similar item of construction to an
extent of 50% of the quantity proposed to be executed as a subcontract.
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of
Other Contractors, as referred to in the PCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The Employer may
modify the Schedule of Other Contractors, and shall notify the Contractor of any
such modification.
9. Personnel and Equipment

9.1 The Contractor shall employ the key personnel and use the equipment identified in
its Bid to carry out the Works, or other personnel and equipment approved by the
76
Engineer. The Engineer shall approve any proposed replacement of key personnel
and equipment only if their relevant qualifications or characteristics are
substantially equal to or better than those proposed in the Bid.
9.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that
the person leaves the Site within seven days and has no further connection with the
work in the Contract.
10. Employer’s and Contractor’s Risks
10.1 The Employer carries the risks which this Contract states are Employer’s risks, and
the Contractor carries the risks which this Contract states are Contractor’s risks.
11. Employer’s Risks

11.1 From the Start Date until the Defects Liability Certificate has been issued, the
following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to property (excluding the
Works, Plant, Materials, and Equipment), which are due to
(i) use or occupation of the Site by the Works or for the purpose of the Works,
which is the unavoidable result of the Works or
(ii) negligence, breach of statutory duty, or interference with any legal right by the
Employer or by any person employed by or contracted to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that
it is due to a fault of the Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country where the Works are to be
executed.
11.2 From the Completion Date until the Defects Liability Certificate has been issued, the
risk of loss of or damage to the Works, Plant, and Materials is an Employer’s risk
except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was not itself an Employer’s
risk, or
(c) the activities of the Contractor on the Site after the Completion Date.
12. Contractor’s Risks
12.1 From the Starting Date until the Defects Liability Certificate has been issued, the
risks of personal injury, death, and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s
risks are Contractor’s risks.
13. Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts and deductibles stated in the PCC for the following events which are due
to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment)
in connection with the Contract; and
77
(d) personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer’s approval before the Start Date. All such insurance shall
provide for compensation to be payable in the types and proportions of currencies
required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and
recover the premiums the Employer has paid from payments otherwise due to the
Contractor or, if no payment is due, the payment of the premiums shall be a debt
due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of
the Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies.
14. Site Investigation Reports
14.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the PCC, supplemented by any information available to the Bidder.
15. Contractor to Construct the Works
15.1 The Contractor shall construct and install the Works in accordance with the
Specifications and Drawings.
16. The Works to Be Completed by the Intended Completion Date
16.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the Program submitted by the Contractor, as
updated with the approval of the Engineer, and complete them by the Intended
Completion Date.
17. Designs by
17.1 The Contractor shall carry out design to the extent specified in the PCC.
Contractor and Approval by the Engineer
The Contractor shall promptly submit to the Employer all designs prepared by him.
Within 14 days of receipt, the Employer shall notify any comments. The Contractor
shall not construct any element of the permanent work designed by him within 14
days after the design has been submitted to the Employer or where the design for
that element has been rejected. Design that has been rejected shall be promptly
amended and resubmitted. The Contractor shall resubmit all designs commented on
taking these comments into account as necessary.
17.2 The Contractor shall be responsible for design of Temporary Works.
78
17.3 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them if they comply with the
Specifications and Drawings.
17.4 The Engineer’s approval shall not alter the Contractor’s responsibility for design of
the Temporary Works.
17.5 The Contractor shall obtain approval of third parties to the design of the Temporary
Works, where required.
17.6 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before this use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the Site as
specified in the PCC.
19. Discoveries
19.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor shall
take reasonable precautions to prevent Contractor’s Personnel or other persons from
removing or damaging any of these discoveries. The Contractor shall notify the
Engineer of such discoveries and carry out the Engineer’s instructions for dealing
with them.
20. Possession of the Site
20.1 The Employer shall give possession of all parts of the Site to the Contractor. If
possession of a part is not given by the date stated in the PCC, the Employer shall
be deemed to have delayed the start of the relevant activities, and this shall be a
Compensation Event.
21. Access to the Site
21.1 The Contractor shall allow the Engineer and any person authorized by the Engineer
access to the Site and to any place where work in connection with the Contract is
being carried out or is intended to be carried out.
22. Instructions, Inspections and Audits
22.1 The Contractor shall carry out all instructions of the Engineer which comply with
the applicable laws where the Site is located.
22.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts,
records and other documents relating to the submission of bids and contract
performance and to have them audited by auditors appointed by the Employer. The
Contractor shall maintain all documents and records related to the Contract for a
period of three (3) years after completion of the Works. The Contractor shall
provide any documents necessary for the investigation of allegations of fraud,
79
collusion, coercion, or corruption and require its employees or agents with

knowledge of the Contract to respond to questions from the Employer.
23. Appointment of the Adjudicator
23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at
the time of the Employer’s issuance of the Letter of Acceptance. If, in the Letter of
Acceptance, the Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated in the PCC, to
appoint the Adjudicator within 14 days of receipt of such request.
23.2 Should the Adjudicator resign or die, or should the Employer and the Contractor
agree that the Adjudicator is not functioning in accordance with the provisions of
the Contract, a new Adjudicator shall be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and the Contractor,
within 30 days, the Adjudicator shall be designated by the Appointing Authority at
the request of either party, within 14 days of receipt of such request.
24. Procedure for Disputes
24.1 If the Contractor believes that a decision taken by the Engineer was either outside
the authority given to the Engineer by the Contract or that the decision was wrongly
taken, the decision shall be referred to the Adjudicator within 14 days of the
notification of the Engineer’s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days of receipt of a
notification of a dispute. If the adjudicator fails to give its decision with in the
period of 28 days of the receipt of a notification of a dispute, either party may with
in 28 days of the expiration of the above mentioned period, give notice to the other
party of its dissatisfaction and intention to commence arbitration.
24.3 The Adjudicator shall be paid the daily allowance at the rate specified in the PCC,
together with reimbursable expenses of the types specified in the PCC, and the cost
shall be divided equally between the Employer and the Contractor, whatever
decision is reached by the Adjudicator. Either party may refer a decision of the
Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision.
Neither party shall be entitled to commence arbitration of a dispute unless a notice
of dissatisfaction has been served in accordance with the GCC
24.2 above. If neither party refers the dispute to arbitration within the above 28 days, the
Adjudicator’s decision shall be final and binding. In the event that a party fails to
comply with the decision of the adjudicator which has become final and binding,
then the other party may without prejudice to any other rights it may have, refer the
failure itself to arbitration.
24.4 The arbitration shall be conducted in accordance with the arbitration procedures
published by the institution named and in the place specified in the PCC.
80
B. Time Control
25. Program
25.1 Within the time stated in the PCC, after the date of the Letter of Acceptance, the
Contractor shall submit to the Engineer for approval a Program showing the general
methods, arrangements, order, and timing for all the activities in the Works. In the
case of a lump sum contract, the activities in the Program shall be consistent with
those in the Activity Schedule.
25.2 An update of the Program shall be a program showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the
remaining work, including any changes to the sequence of the activities.
25.3 The Contractor shall submit to the Engineer for approval an updated Program at
intervals no longer than the period stated in the PCC. If the Contractor does not
submit an updated Program within this period, the Engineer may withhold the
amount stated in the PCC from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Program has been submitted. In the case of a lump sum contract, the Contractor
shall provide an updated Activity Schedule within 14 days of being instructed to by
the Engineer.
25.4 The Engineer’s approval of the Program shall not alter the Contractor’s obligations.
The Contractor may revise the Program and submit it to the Engineer again at any
time. A revised Program shall show the effect of Variations and Compensation
Events.
26. Extension of the Intended Completion Date
26.1 The Engineer shall extend the Intended Completion Date if a Compensation Event
occurs or a Variation is issued which makes it impossible for Completion to be
achieved by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining work, which would cause the Contractor to incur additional
cost. 26.2 The Engineer shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the Engineer for
a decision upon the effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early warning of a delay
or has failed to cooperate in dealing with a delay, the delay by this failure shall not
be considered in assessing the new Intended Completion Date.
27. Acceleration
27.1 When the Employer wants the Contractor to finish before the Intended Completion
Date, the Engineer shall obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Employer accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and confirmed by both the
Employer and the Contractor.
27.2 If the Contractor’s priced proposals for an acceleration are accepted by the
Employer, they are incorporated in the Contract Price and treated as a Variation.
81
28. Delays Ordered by the Engineer
28.1 The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works.
29. Management Meetings
29.1 Either the Engineer or the Contractor may require the other to attend a management
meeting. The business of a management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance with the early
warning procedure.
29.2 The Engineer shall record the business of management meetings and provide copies
of the record to those attending the meeting and to the Employer. The responsibility
of the parties for actions to be taken shall be decided by the Engineer either at the
management meeting or after the management meeting and stated in writing to all
who attended the meeting.
30. Early Warning

\
30.1 The Contractor shall warn the Engineer at the earliest opportunity of specific likely
future events or circumstances that may adversely affect the quality of the work,
increase the Contract Price, or delay the execution of the Works. The Engineer may
require the Contractor to provide an estimate of the expected effect of the future
event or circumstance on the Contract Price and Completion Date. The estimate
shall be provided by the Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Engineer in making and considering
proposals for how the effect of such an event or circumstance can be avoided or
reduced by anyone involved in the work and in carrying out any resulting
instruction of the Engineer.
C. Quality Control
31. Identifying Defects
31.1 The Engineer shall check the Contractor’s work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor’s
responsibilities. The Engineer may instruct the Contractor to search for a Defect and
to uncover and test any work that the Engineer considers may have a Defect.
32. Tests
32.1 If the Engineer instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it
does, the Contractor shall pay for the test and any samples. If there is no Defect, the
test shall be a Compensation Event.
82
33. Correction of Defects
33.1 The Engineer shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion, and is defined in the PCC.
The Defects Liability Period shall be extended for as long as Defects remain to be
corrected.
33.2 Every time notice of a Defect is given, the Contractor shall correct the notified
Defect within the length of time specified by the Engineer’s notice.
34. Uncorrected Defects
34.1 If the Contractor has not corrected a Defect within the time specified in the
Engineer’s notice, the Engineer shall assess the cost of having the Defect corrected,
and the Contractor shall pay this amount.
D. Cost Control
35. Contract Price
35.1 In the case of an admeasurement contract, the Bill of Quantities shall contain priced
items for the Works to be performed by the Contractor. The Bill of Quantities is
used to calculate the Contract Price. The Contractor will be paid for the quantity of
the work accomplished at the rate in the Bill of Quantities for each item.
35.2 In the case of a lump sum contract, the Activity Schedule shall contain the priced
activities for the Works to be performed by the Contractor. The Activity Schedule is
used to monitor and control the performance of activities on which basis the
Contractor will be paid. If payment for Materials on Site shall be made separately,
the Contractor shall show delivery of Materials to the Site separately on the Activity
Schedule.
36. Changes in the Contract Price
36.1 In the case of an admeasurement contract:

(a) If the final quantity of the work done is in excess of the quantity in the Bill of
Quantities for the particular item by more than 20%, the Engineer shall adjust the
rate to be applied for the varied quantities with the prior approval of the Employer.
(b) The Engineer shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded, except with the prior approval of the Employer.
(c) If requested by the Engineer, the Contractor shall provide the Engineer with a
detailed cost breakdown of any rate in the Bill of Quantities.
36.2 In the case of a lump sum contract, the Activity Schedule shall be amended by the
Contractor to accommodate changes of Program or method of working made at the
Contractor’s own discretion. Prices in the Activity Schedule shall not be altered
when the Contractor makes such changes to the Activity Schedule.
83
37. Variations
37.1 All Variations shall be included in updated Programs, and, in the case of a lump
sum contract, also in the Activity Schedule, produced by the Contractor.
37.2 In the case of an admeasurement contract, if the work in variation requires an

adjustment of rate to be applied to varied quantities in accordance with GCC 36, the
Engineer shall apply the least of the following rates for the varied quantities, (i)
prevalent market rates, (ii) the rates as per the Uttarakhand Public Works
Department Schedule of Rates and (iii) rates in the Bill of Quantities for the item
under consideration.
37.3 In the case of an admeasurement contract, if the work in the Variation requires
addition of particular extra items in the Bill of Quantities, the rates for such extra
items shall be in the form of new rates for the relevant items of work decided from
the Uttarakhand Public Works Department Schedule of Rates.
38. Cash Flow Forecasts
38.1 When the Program, or, in the case of a lump sum contract, the Activity Schedule, is
updated, the Contractor shall provide the Engineer with an updated cash flow
forecast.
39. Payment Certificates
39.1 The Contractor shall submit to the Engineer monthly statements of the estimated
value of the work executed less the cumulative amount certified previously.
39.2 The Engineer shall check the Contractor’s monthly statement and certify the amount
to be paid to the Contractor.
39.3 The value of work executed shall be determined by the Engineer. 39.4 The value of
work executed shall comprise:
(a) In the case of an admeasurement contract, the value of the quantities of work in the
Bill of Quantities that have been completed; or
(b) In the case of a lump sum contract, the value of work executed shall comprise the
value of completed activities in the Activity Schedule.
39.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
39.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
40. Payments
40.1 Payments shall be adjusted for deductions for advance payments and retention. The
Employer shall pay the Contractor the amounts certified by the Engineer within 30
days of the date of each certificate. If the Employer makes a late payment, the
Contractor shall be paid interest on the late payment in the next payment. Interest
shall be calculated from the date by which the payment should have been made up
84
to the date when the late payment is made at the rate of interest for commercial
borrowing as specified in the PCC.
40.2 If an amount certified is increased in a later certificate or as a result of an award by
the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the
delayed payment as set out in this clause. Interest shall be calculated from the date
upon which the increased amount would have been certified in the absence of
dispute.
40.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the
proportions of currencies comprising the Contract Price.
40.4 Items of the Works for which no rate or price has been entered in shall not be paid
for by the Employer and shall be deemed covered by other rates and prices in the
Contract.
40.05 With respect to materials brought by the Contractor to the Site for incorporation in
the Permanent Works, the Contractor shall (i) receive a credit in the month in which
these materials are brought to the Site and (ii) be charged a debit in the month in
which they are incorporated in to the Permanent Works, both such credit and debit
to be determined by the Engineer in accordance with the following provisions;
a) no credit shall be given unless the following conditions shall have been met to the
Engineer’s satisfaction;
i) the materials is in accordance with the specifications for the Works.
ii) the materials have been delivered to the Site and are properly stored (bulk materials
are to be stored in measurable stocks) and protected against loss, damage or
deterioration.
iii) the Contractor’s records of the requirements, orders receipts and use of materials is
kept in a form approved by the Engineer, and such records are available for
inspection by the Engineer.
iv) only the materials for which payment has been made by the Contractor shall be
considered for advance. Where the materials are supplied from the Contractor’s
captive source, the reasonableness of the valuation of such materials shall be
furnished by the Contractor. The materials brought on credit to the Site shall not be
considered for advance.
v) the Contractor has submitted a statement of his cost of acquiring and delivering the
materials to the Site together with paid vouchers and other such documents as may
be required for the purpose of evidencing such cost.
vi) the material shall be incorporated or used within 90 days period.
b) the amount to be credited to the Contractor shall be the equivalent of 75 percent of
the Contractor’s reasonable cost of the materials delivered to the Site, after review
of the documents listed in sub paragraph (a) (v) above, as determined by the
Engineer. Provided further, the advance shall not exceed 75 percent of the
corresponding value of materials determined on the basis of the BOQ rates.
c) the amount to be debited to the Contractor for any materials incorporated into the
Permanent Works shall be equivalent to the credit previously granted to the
Contractor for such materials pursuant to sub-para (b) above, as determined by the
Engineer.
41. Compensation Events
41.1 The following shall be Compensation Events:
85
(a) The Employer does not give access to a part of the Site by the Site Possession Date
pursuant to GCC 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that affects the
work of the Contractor under the Contract.
(c) The Engineer orders a delay or does not issue Drawings, Specifications, or
instructions required for execution of the Works on time beyond 21 days from the
date of request.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests
upon work, which is then found to have no Defects.
(e) The Engineer unreasonably does not approve a subcontract to be let beyond 28 days
from request alongwith requisite details of sub-contractor
(f) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from information available
publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused
by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not work within
the dates and other constraints stated in the Contract, and they cause delay or extra
cost to the Contractor.
(i) The advance payment is delayed beyond 42 days from the request along with
furnishing of requisite details and documentation.
(j) The effects on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion beyond 14
days from the date of request along with necessary information / clarifications.
41.2 If a Compensation Event would cause additional cost or would prevent the work
being completed before the Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date shall be extended. The Engineer
shall decide whether and by how much the Contract Price shall be increased and
whether and by how much the Intended Completion Date shall be extended.
41.3 As soon as information demonstrating the effect of each Compensation Event upon
the Contractor’s forecast cost has been provided by the Contractor, it shall be
assessed by the Engineer, and the Contract Price shall be adjusted accordingly. If
the Contractor’s forecast is deemed unreasonable, the Engineer shall adjust the
Contract Price based on the Engineer’s own forecast. The Engineer shall assume
that the Contractor shall react competently and promptly to the event. 41.4 The
Contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor’s not having given early warning
or not having cooperated with the Engineer.
42. Tax
42.1 The Engineer shall adjust the Contract Price if taxes, duties, and other levies are
changed between the date 28 days before the submission of bids for the Contract
and the date of the last Completion certificate. The adjustment shall be the change in
the amount of tax payable by the Contractor, provided such changes are not already
reflected in the Contract Price or are a result of GCC 44.1.
86
43. Currencies
43.1 Where payments are made in currencies other than the currency of the Employer’s
country specified in the PCC, the exchange rates used for calculating the amounts
to be paid shall be the exchange rates stated in the Contractor’s Bid.
44. Price Adjustment
44.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in
the PCC. If so provided, the amounts certified in each payment certificate, before
deducting for Advance Payment, shall be adjusted by applying the respective price
adjustment factor to the payment amounts due.
44.2 To the extent that full compensation for any rise or fall in costs to the Contractor is
not covered by the provisions of this or other Clauses in the contract, the unit rates
and prices included in the contract shall be deemed to include amount to cover the
contingency of such other rise or fall in costs. Section 6. General Conditions of
Contract
45. Retention
45.1 The Employer shall retain from each payment due to the Contractor the proportion
stated in the PCC until Completion of the whole of the Works.
45.2 The total amount retained shall be repaid to the Contractor when the Defects
Liability Period has passed and the Engineer has certified that all Defects notified
by the Engineer to the Contractor before the end of this period have been corrected.
The Contractor may substitute retention money with an “on demand” bank
guarantee.
46. Liquidated Damages
46.1 The Contractor shall pay liquidated damages to the Employer at the rate per day
stated in the PCC for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the
amount defined in the PCC. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.
46.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Engineer shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate.
47. Bonus
47.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in
the PCC for each day (less any days for which the Contractor is paid for
acceleration) that the Completion is earlier than the Intended Completion Date. The
Engineer shall certify that the Works are complete, although they may not be due to
be complete.
87
48. Advance Payment
48.1 The Employer will make the interest bearing advance payment to the Contractor
with in 60 days of contract signing as follows:
(A) Mobilization advance payment up to a maximum of 5% of initial contract price shall
be paid to the contractor after submission of an unconditional bank guarantee in a
form and by a reputable local banks including scheduled banks or nationalized
banks acceptable to the Employer for an amount equal to the advance payment (to
be drawn before the end of 20% of the contract period). The guarantees shall remain
effective until the advance payments have been fully repaid.
(B) Equipment advance shall be paid as 90% for new and 50% of depreciated value for
old equipment. Total amount will be subject to maximum of 5% of the contract
value. The advance in not applicable for equipment already owned by the contractor
The advance shall be paid after equipments brought to site (Provided the Executive
Engineer is satisfied that the equipment is required for performance of the contract)
and a submission of unconditional bank guarantee for amount of advance.
(C) The advance payment shall be repaid with interest @ State Bank of India Prime
Lending Rate applicable on the date of release of mobilization advance by
deducting from payments otherwise due to the Contractor.
48.2 The Contractor is to use the advance payment only to pay for Equipment, Plant,
Materials, and mobilization expenses required specifically for execution of the
Contract. The Contractor shall demonstrate that advance payment has been used in
this way by supplying copies of invoices or ther documents to the Engineer. 48.3
The recovery of mobilization advance shall start from bill after the work done
exceeds 10% of the initial contract price or three months form the date of payment
of advance which ever period concludes earlier and shall be made at the rate of 15%
of the work done in each IPC. The recovery of advance shall be completed when
90% of the work has been completed or prior to the expiry of original time for
completion which ever is earlier. No account shall be taken of the advance payment
or its repayment in assessing valuations of work done, Variations, price
adjustments, Compensation Events, Bonuses, or Liquidated Damages.
49. Securities
49.1 The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in an amount specified in
the PCC, from reputable local banks including scheduled banks or nationalized
banks acceptable to the Employer. The Performance Security shall be valid until 28
days from the date of issuance of the Certificate of Completion.
50. Dayworks
50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used for small
additional amounts of work only when the Engineer has given written instructions
in advance for additional work to be paid for in that way.
50.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms
approved by the Engineer. Each completed form shall be verified and signed by the
Engineer within two days of the work being done.
88
50.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks
forms.
51. Cost of Repairs
51.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Correction periods shall be remedied by
the Contractor at the Contractor’s cost if the loss or damage arises from the
Contractor’s acts or omissions.
E. Finishing the Contract
52. Completion
52.1 The Contractor shall request the Engineer to issue a certificate of Completion of the
Works, and the Engineer shall do so upon deciding that the work is completed.
53. Taking Over
53.1 The Employer shall take over the Site and the Works within seven days of the
Engineer’s issuing a certificate of Completion.
54. Final Account
54.1 The Contractor shall supply the Engineer with a detailed account of the total amount
that the Contractor considers payable under the Contract before the end of the
Defects Liability Period. The Engineer shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56 days of receiving
the Contractor’s account if it is correct and complete. If it is not, the Engineer shall
issue within 56 days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after it has been
resubmitted, the Engineer shall decide on the amount payable to the Contractor and
issue a payment certificate.
55. Operating and Maintenance Manuals
55.1 If “as built” Drawings and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the PCC.
55.2 If the Contractor does not supply the Drawings and manuals by the dates stated in
the PCC pursuant to GCC 55.1, or they do not receive the Engineer’s approval, the
Engineer shall withhold the amount stated in the PCC from payments due to the
Contractor.
56. Termination
56.1 The Employer or the Contractor may terminate the Contract if the other party causes
a fundamental breach of the Contract.
56.2 Fundamental breaches of Contract shall include, but shall not be limited to, the
following:
89
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the
current Program and the stoppage has not been authorized by the Engineer;
(b) the Engineer instructs the Contractor to delay the progress of the Works, and the
instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
(d) a payment certified by the Engineer is not paid by the Employer to the Contractor
within 84 days of the date of the Engineer’s certificate;
(e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period
of time determined by the Engineer;
(f) the Contractor does not maintain a Security, which is required; and
(g) the Contractor has delayed the completion of the Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in the
PCC.
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract, pursuant to GCC
57.1.
56.3 When either party to the Contract gives notice of a breach of Contract to the
Engineer for a cause other than those listed under GCC 56.2 above, the Engineer
shall decide whether the breach is fundamental or not.
56.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
56.5 If the Contract is terminated, the Contractor shall stop work immediately, make the
Site safe and secure, and leave the Site as soon as reasonably possible.
57. Fraud and Corruption
57.1 Government of Uttarakhand requires the Employer, as well as Contractors,

Subcontractors, manufacturers, and Consultants; observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuit of this
policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
(iv) “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of
another party; and
(b) will sanction a firm or an individual, at any time, in accordance with Government of
Uttarakhand’s Anticorruption Policy and Integrity Principles and Guidelines,
including declaring ineligible, either indefinitely or for a stated period of time, to
participate in Government of Uttarakhand-financed or Government of Uttarakhand-
90
administered activities or to benefit from an Government of Uttarakhand-financed

or Government of Uttarakhand-administered contract, financially or otherwise, if it
at any time determines that the firm or individual has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, or coercive or other prohibited practices.
58. Payment upon Termination
58.1 If the Contract is terminated because of a fundamental breach of Contract by the

Contractor, the Engineer shall issue a certificate for the value of the work done and
Materials brought to site, less advance payments received up to the date of the issue
of the certificate and less the percentage to apply to the value of the work not
completed, as indicated in the PCC. Additional Liquidated Damages shall not
apply. If the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the Employer.
58.2 If the Contract is terminated for the Employer’s convenience or because of a
fundamental breach of Contract by the Employer, the Engineer shall issue a
certificate for the value of the work done, Materials ordered, the reasonable cost of
removal of Equipment, repatriation of the Contractor’s personnel employed solely
on the Works, and the Contractor’s costs of protecting and securing the Works, and
less advance payments received up to the date of the certificate.
59. Property
59.1 Consequent to termination of the contract because of a fundamental breach of
Contract by the Contractor, the Employer shall give notice that the Contractor’s
Equipment and Temporary Works will be released to the Contractor at or near the
Site. The Contractor shall promptly arrange their removal, at the risk and cost of the
Contractor. However, if the Contractor fails to make a payment due to the
Employer, all Materials on the Site, Plant, Equipment, Temporary Works, and
Works may be sold by the Employer in order to recover this payment. Any balance
of the proceeds shall then be paid to the Contractor.
60. Release from Performance
60.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Contractor, the Engineer shall
certify that the Contract has been frustrated. The Contractor shall make the Site safe
and stop work as quickly as possible after receiving this certificate and shall be paid
for all work carried out before receiving it and for any work carried out afterwards
to which a commitment was made.
61. Eligibility
61.1 The Contractor, subcontractors or suppliers for any part of the contract including
related services shall have the nationality of India.
61.2 The materials, equipment and services to be supplied under the Contract shall have
their origin in source countries not under sanction by the Government of India. All
expenditures under the Contract will be limited to such materials, equipment, and
services. At the Employer’s request, the Contractor may be required to provide
evidence of the origin of materials, equipment and services.
91
61.3 For purposes of GCC 61.2, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the
services are provided. Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its basic
characteristics or in purpose or utility from its components.
62. Labor Laws and Regulations
62.1 The Contractor shall comply with all relevant labor laws and regulations applicable
to the Contractor’s personnel.
61.2 The Contractor shall provide equal wages and benefits to men and women for work
of equal value or type.
62.3 The Contractor shall not employ any child to perform work, including work that is
economically exploitative, or is likely to be hazardous to, or to interfere with, the
child’s education, or to be harmful to the child’s health or physical, mental,
spiritual, moral, or social development. “Child” means a child below the statutory
minimum age of 18 Years.
62.4 The Contractor shall not employ “forced and compulsory labor” in any form.
“Forced or compulsory labor consists of all works or service, not voluntary
performed that is extracted from an individual under threat or force or penalty.
62.5 Contractor shall comply with the specific labor regulations as stated in the PCC.
62.6 Breach by the Contractor of any of the provisions stated in Sub-Clause GCC 18.1,
GCC 62.2, GCC 62.3, GCC 62.5 and GCC 62.5, stated above, will be a ground for
the Employer to terminate the Contract.
63. Environmental Laws and Regulations

The Contractor shall comply with all applicable national, provincial, and local
environmental laws and regulations. The Contractor shall comply with the specific
environment monitoring requirements as stated in the PCC.
92
Section-7 Particular Conditions of Contract
Section – 7:
Particular Conditions of Contract
93
Section 7 - Particular Conditions of Contract
The following Particular Conditions of Contract shall supplement the GCC. Whenever there is a
conflict, the provisions herein shall prevail over those in the GCC.
Particular Conditions of Contract

A. General
GCC 1.1 (q) The Employer is:

Public Works Department,Government of Uttarakhand, Dehradun
Through
th
(Office of The Superintending Engineer, 9 Circle, P.W.D. Dehradun.)
GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be (12) months from the
start date with the following milestones.
Milestone Financial target* of Period from the date of start of work

works to be
completed
Milestone 1 15% 1/3rd of intended completion period **

rd
Milestone 2 50% 2/3 of intended completion period**
Milestone 3 100% Full intended completion period**
*Financial progress shall be assessed as per the latest interim payment certificate (IPC)
duly verified by ENGINEER. Financial Targets are exclusive of mobilization advance
payment.
** Intended completion period shall be the period between the Start Date and Intended
Completion Date.
GCCs 1.1 (aa) The Engineer is: (Executive Engineer, Temporary Division, PWD, Rishikesh)
& 4.1
GCC 1.1 (cc) Under the state plan, construction and protectione work of damaged Birla
GCC 1.1 (ff) The Start Date shall be 21 days from the date of issue of the notice to proceed with the
work. The notice to proceed shall be issued within 21 days of signing of agreement.
GCC 1.1 (jj) (Insert Work Details: GSB, WBM G3, Interlocking Concrete Block Pavements
work, R.C.C., C.C. 1:4:8, Drain work etc.)
GCC 2.2 Sectional Completions are: (NA)
GCC 2.3(i) (Engineer Staff Certificate and Machine Registration Certificate)
GCC 3.1 The language of the contract is English

The law that applies to the Contract is the law of India
GCC 8.1 Schedule of other contractors: will be informed if required
GCC 13.1 The minimum insurance amounts and deductibles shall be:
(a) for the Works, Plant and Materials: Full replacement cost
(b) For loss or damage to Equipment: Full replacement / repair cost
(c) for loss or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with Contract: Full replacement / repair cost
(d) for personal injury or death:
94
(i) of the Contractor’s employees / other people:

The minimum insurance cover for Third Party Liability Insurance injury is Rs. 1.00 lakh and
death is Rs. 5.00 lakh per occurrence with the number of occurrences limited to four. After
each occurrence, Contractor will pay additional premium necessary to make insurance valid
for four occurrences always.
GCC 14.1 Site Investigation Reports are: ( NA)
GCC 17.1 The following shall be designed by the Contractor: (NA)
GCC 18.1 The Contractor shall:

a) Comply with all applicable safety regulations;
b) Take care for the safety of all persons entitled to be on the Site;
c) Use reasonable efforts to keep Site and Works clear of unnecessary obstructions
so as to avoid danger to these persons;
d) Provide fencing, lighting, guarding and watching of the works until completion and
taking over and
e) Provide any Temporary Works (including roadways, footpaths, guards and fences),
which may be necessary, because of the execution of the Works, for the use and
protection of the public and owners and occupiers of adjacent land.
The Contractor shall at all times all reasonable precautions to maintain the health and
safety of Contractor’s Personnel. In collaboration with local health authorities, the
Contractor shall ensure availability of first aid facilities, medical staff, sick bay and all
necessary welfare and hygiene requirements and for the prevention of epidemics to
include: (i) provision for a sufficient supply of suitable food, (ii) adequate supply of drinking
water and other water for the use of the Contractor’s Personnel, and (iii) protection from
insect and pest nuisance.
The Contractor shall conduct health and safety programs for workers employed for the
project, and shall include information on the risks of sexually transmitted diseases, including
HIV/AIDs in such programs.
GCC 20.1 The Site Possession Date(s) shall be: The Start Date
GCC 23.1 The Appointing Authority shall be: The Executive Committee of the Indian Road Congress
(IRC)
GCC 24.3 The Adjudicator shall be paid the daily allowance of Rs. 5000 (Rs. Five Thousand only) per
day of visit/meeting together with reimbursement of expenditure on travel as per actual.
GCC 24.4 Arbitration shall be carried out in accordance with the following procedures.
Contracts with domestic contractors:
The Arbitration proceedings shall be in accordance Arbitration and Conciliation Act. 1996.
Arbitral Tribunal consisting of 3 Arbitrators one each to be appointed by the Employer and
the Contractor and the third Arbitrator to be chosen by the two Arbitrators so appointed by
the Parties to act as Presiding arbitrator, shall be considered. In case of failure of the two
Arbitrators appointed by the parties to reach upon a consensus within a period of 30 days
from the appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator shall
be appointed by the Executive Council, Indian Roads Congress.
(a) Arbitration proceedings shall be held at Dehradun, India, and the language of the
arbitration proceedings and that of all documents and communications between the
parties shall be English.
(b) The decision of the majority of arbitrators shall be final and binding upon both parties.
The cost and expenses of Arbitration proceedings will be paid as determined by the
arbitral tribunal. However, the expenses incurred by each party in connection with the
preparation, presentation, etc. of its proceedings as also the fees and expenses paid to
the arbitrator appointed by such party or on its behalf shall be borne by each party
itself.
(c) Performance under the contract shall continue during the arbitration proceedings and
95
payments due to the Contractor by the Employer shall not be withheld, unless they are
the subject matter of the arbitration proceedings.
B. Time Control
GCC 25.1 The Contractor shall submit for approval a Program for the Works within 15 days from the
date of the Letter of Acceptance and the Program shall be a part of the contract.
GCC 25.3 The period between Program updates is 30 days.

The amount to be withheld for late submission of an updated Program is Rs. 2.00 Lakhs.
C. Quality Control
GCC 33.1 The Defects Liability Period is: 24 months (for bituminous works), 12 months (for non-
bituminous works)
GCC 40.1 The rate of interest for commercial borrowing is of 8% per annum.
D. Cost Control
GCC 43.1 The currency of the employer’s country is: Indian Rupees. All payments to the contractors
shall be in Indian Rupees
GCC 44.1 The Contract shall be subject to price adjustment in accordance with GCC Clause 44 only
for projects with completion period more than 18 months.
(Write “Deleted for both 44.1 and 44.2” if contract duration is less than 18 months)
(i) Adjustment for labour component

Price adjustment for increase or decrease in the cost due to labour shall be paid in
accordance with the following formula:
VL = 0.85 x Pl/100 x R x (Li - Lo)/Lo
VL = increase or decrease in the cost of work during the month under consideration due
to changes in rates for local labour.
Lo = the average consumer price index for industrial workers for Ghaziabad on the day
28 days preceding the date of opening of bids as published by Labour Bureau, Ministry of
Labour, Government of India.
Li = The average consumer price index for industrial workers for Ghaziabad for the month
under consideration as published by Labour Bureau, Ministry of Labour, Government of
India.
Pl = Percentage of labour component of the work
(ii) Adjustment for cement component

Price adjustment for increase or decrease in the cost of cement procured by the contractor
shall be paid in accordance with the following formula:
Vc = 0.85 x Pc/100 x R x (Ci - Co)/Co
Vc = increase or decrease in the cost of work during the month under consideration due to
changes in rates for cement.
Co = The all India average wholesale price index for cement on 28 preceding the date of
opening of bids as published by the Ministry of Industrial Development, Government,
Government of India, New Delhi.
Ci = The all India average wholesale price index for cement for the month under
consideration as published by Ministry of Industrial Development, Government of India,
96
New Delhi
PC = Percentage of cement component of the work
(iii) Adjustment for steel component.

Price adjustment for increase or decrease in the cost of steel procured by the Contractor
shall be paid in accordance with the following formula:
Vs = 0.85 x Ps/100 x R x (Si - So)/So
Vs = Increase or decrease in the cost of work during the month under consideration due
to changes in the rates for steel
So= The all India average wholesale price index for steel (Bars and Rods) on 28 days
preceding the latest date of submission of bids as published by the Ministry of Industrial
Development, Government of India, New Delhi
Si = The all India average wholesale price index for steel (Bars and Rods) for the month
under consideration as published by Ministry of Industrial Development, New Delhi
Ps = Percentage of steel component of the work
Note: For the application of this clause, index of Bars and Rods has been chosen to
represent steel group
(iv) Adjustment of Bitumen component

Price adjustment for increase or decrease in cost of bitumen shall be paid in accordance
with the following formula:
Vb = 0.85 x Pb/100 x R x (Bi - Bo)/Bo
Vb = Increase or decrease in the cost of work during the month under consideration due
to changes in rates for bitumen.
Bo = The official retail price of bitumen at the nearest refinery on 28 days preceding the
date of opening of bids.
Bi = The official retail price of bitumen at the nearest refinery for the 15th day of the
month under consideration.
Po = Percentage of bitumen component of the work.
(v) Adjustment of POL (fuel and lubricant) component
Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid in
accordance with the following formula:
Vf = 0.85 x Pf/100 x R x (Fi - Fo)/Fo
Vf = Increase or decrease in the cost of work during the month under consideration due
to changes in rates for fuel and lubricants.
Fo = The average official retail price of High Speed Diesel (HSD) at the existing
consumer pumps of IOC at nearest center on the day 28 days preceding the date of
opening of bids.
Fi = The official retail price of HSD at the existing consumer pumps of IOC at nearest
center for the 15th day of the month under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note: For the application of this clause, the price of High Speed Diesel oil has been
chosen to represent fuel and lubricants group.
97
(vi) Adjustment for Plant and Machinery Spares Component

Price adjustment for increase or decrease in cost of plant and machinery spares procured
by the contractor shall be paid in accordance with the following formula:
Vp = 0.85 x Pp/100 x R x (Pi-Po)/Po
Vp = Increase or decrease in the cost of work during the month under consideration due to
changes in rates for plant and machinery spares
Po = The all India wholesale price index for machinery and parts on 28 days preceding the
date of opening of bids as published by the Ministry of Industrial Development, Government
of India, New Delhi.
Pp = Percentage of plant and machinery spares component of the work.
Note: For the application of this clause, index of Heavy Machinery and Parts has been
chosen to represent the Plant and Machinery Spares group.
(vii) Adjustment of Other materials Component

Price adjustment for increase or decrease in cost of local materials other than cement,
steel, bitumen and POL procured by the contractor shall be paid in accordance with the
following formula:
Vm = 0.85 x Pm/100 x R x (Mi - Mo)/Mo
Vm = Increase or decrease in the cost of work during the month under consideration due
to changes in rates for local materials other than cement, steel, bitumen and POL.
Mo = The all India average wholesale price index (all commodities) on 28 days preceding
the latest date of submission of bids as published by the Ministry of Industrial
Development, Government of India, New Delhi.
Mi = The all India average wholesale price index (all commodities) for the month under
consideration as published by Ministry of Industrial Development, Government of India,
New Delhi.
Pm = Percentage of local material component (other than cement, steel, bitumen and
POL) of the work.
The following percentages will govern the price adjustment for the entire contract
(for road works containing bituminous and other works):
1. Labour - Pl 25%
2. POL- Pf 05 %
3. Plant and Machinery Spares - Pp 05 %
4. Bitumen - Pb x%
5. Cement - Pc y%
6. Steel- Ps z%
7. Other materials - Pm (65-x-y-z) %
Total 100%
(for building works containing cement work and other works):
1. Labour - Pl 30%
2. POL-Pf 05 %
3. Plant & Machinery Spares – Pp 05 %
4. Cement-Pc x%
5. Steel-Ps y%
6. Other materials - Pm (60-x-y) %
Total 100%
98
(for bridge works containing structural steel and other works):

1. Labour - Pl 25%
2. POL-Pf 10 %
3. Plant & Machinery Spares-Pp 05 %
4. Cement-Pc x%
5. Steel-Ps y%
6. Other materials - Pm (60-x-y) %
Total 100%
(Use what is applicable depending on type of work)

If, after the date 28 days preceding the date of opening of bids for the Contract there occur
changes to any National or State Statute, Ordinance, Decree, Law, regulation or by-law of
any local or other duly constituted authority, or the introduction of any such National or
State Statue, Ordinance, Decree, Law, regulation or by-law that causes additional or
reduced cost to the Contractor, other than the preceding sub-Clause of this Clause, in the
execution of the Contract, such additional or reduced cost shall, be determined by the
Engineer and shall be added to or deducted from the Contract Price and the Engineer shall
notify the Contractor accordingly, with a copy to the Employer. Notwithstanding the
foregoing, such additional or reduced cost shall not be separately paid or credited if the
same shall already have taken into account in the indexing of any inputs to the price
Adjustment Formula (e) in accordance with the provisions of components (i) to (vii) of Price
Adjustment formula.
GCC 45.1 The proportion of payments retained is 6% from each bill, subject to a maximum of 5% of
the final contract price.
th
GCC 46.1 The liquidated damages for the whole of the Works are (1/2000) of the initial contract
price, rounded off to the nearest thousand, per day.
The maximum amount of liquidated damages for the whole of the works is 10% of the Initial
Contract Price.
GCC 47.1 The Bonus for the whole of the Works is Rs.1000 per day. The maximum amount of Bonus
for the whole of the Works is 0.10 % of the final Contract Price.
GCC 49.1 5% of the Contract Price or Estimated Cost of Works whichever is higher
(the Employer, at its discretion, may increase the Performance Security to a level
sufficient to protect it against financial loss, if it determines that the lowest evaluated
bid price is seriously unbalanced or front loaded)
E. Finishing the Contract
GCC 55.1 The date by which “as built” drawings (and maintenance manuals) are required - within 56
days of issue of completion certificate
GCC 55.2 The amount to be withheld for failing to produce “as built” drawings by the date required in
GCC 55.1 is Rs. 20 lakh (INR)
GCC 56.2 (g) The maximum number of days is: 200 Days
GCC 58.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 20%.
GCC 62.5 Labour

The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport. The unskilled and semiskilled labour of the
Uttarakhand State shall be given preference for deployment on projects. The Contractor
shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and
99
at such intervals as the Engineer may prescribe, showing the staff and the numbers of the
several classes of labour from time to time employed by the Contractor on the Site and
such other information as the Engineer may require.
Compliance with Labour Regulations

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

Engaged in Building and Other Construction Work.
a) Workmen Compensation Act 1923: The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more or on death the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10 or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for
monthly contributions by the employer plus workers @ 10% or 8.33%. The benefits
payable under the Act are :
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act 1951: The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The Principal Employer is required to take Certificate of Registration
and the Contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer if they employ 20
or more contract labour.
f) Minimum Wages Act 1948: The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if the
employment is a scheduled employment. Construction of Buildings, Roads, Runways
are scheduled employments.
g) Payment of Wages Act 1936: It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made from the wages of the
100
workers.
h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work
of equal nature to Male and Female workers and for not making discrimination against
Female employees in the matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20
or more employees. The Act provides for payments of annual bonus subject to a
minimum of 8.33% of wages and maximum of 20% of wages to employees drawing
Rs.3500/-per month or less. The bonus to be paid to employees getting Rs.2500/- per
month or above upto Rs.3500/- per month shall be worked out by taking wages as
Rs.2500/-per month only. The Act does not apply to certain establishments. The newly
set-up establishments are exempted for five years in certain circumstances. Some of
the State Governments have reduced the employment size from 20 to 10 for the
purpose of applicability of this Act.
j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal
and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all

establishments employing 100 or more workmen (employment size reduced by some of
the States and Central Government to 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the Act
and get the same certified by the designated Authority.
l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the Act have
been given certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child Labour is prohibited in Building and Construction Industry.
n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of

Service) Act 1979: The Act is applicable to an establishment which employs 5 or more
inter-state migrant workmen through an intermediary (who has recruited workmen in
one state for employment in the establishment situated in another state). The Inter-
State migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as housing, medical aid, travelling
expenses from home upto the establishment and back, etc.
o) The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996: All the establishments
who carry on any building or other construction work and employs 10 or more workers
are covered under this Act. All such establishments are required to pay cess at the rate
not exceeding 2% of the cost of construction as may be modified by the Government.
The Employer of the establishment is required to provide safety measures at the
Building or construction work and other welfare measures, such as Canteens, First-Aid
facilities, Ambulance, Housing accommodations for workers near the work place etc.
The Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.
p) Factories Act 1948: The Act lays down the procedure for approval at plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10
persons or more with aid of power or 20 or more persons without the aid of power
engaged in manufacturing process.
101
Noise and Disturbance

All Works shall be carried our without unreasonable noise and disturbance. The Contractor
shall indemnify and keep indemnified the Employer from and against any liability for
damages on account of noise or other disturbance created while or in carrying out the
Works and from and against all claims, demands, proceedings, damages, costs, changes
and expenses whatsoever in regard or in relation to such liability.
Pollution
The Contractor shall take all reasonable steps to protect the environment (both on and off
the site) to avoid adverse impacts, limit the damage and nuisance to people and property
resulting from pollution, noise and other results of his operations.
The Contractor shall insure the emissions, surface discharges and effluents from
Contractor’s activities shall not exceed values stated in the Specifications or prescribed by
applicable Laws.
Subject and without prejudice to any other provision of the Contract and the law of the land
and its obligations as applicable the Contractor shall take all reasonable precaution.
a) Procurement and renewal of the NOC from State Pollution Control Board, till
the expiry of the Contract will be the sole responsibility of the Contractor. The
Employer shall be indemnified against any claim arising out of non-obtaining of
the NOC by the Contractor.
b) Procurement and renewal of the NOC from Jal Nigam/ Nalkoop Nigam for
boring etc., till the expiry of the Contract will be the sole responsibility of the
Contractor. The Employer shall be indemnified against any claim arising out of
non-obtaining of the NOC by the Contractor.
c) Procurement and renewal of the NOC from the Department of Geology and
Mines, till the expiry of the Contract will be the sole responsibility of the
Contractor. The Employer shall be indemnified against any claim arising out of
non-obtaining of the NOC by the Contractor.
d) in connection with rivers, streams, waterways, drains, water-courses, lakes,
reservoirs and the like to prevent:
i) Silting:
ii) Erosion of their beds or banks: and
iii) Pollution of the water so as to affect adversely the quality or appearance
thereof of cause injury or death to animal and plant life.
e) in connection with underground water resources including percolating water to
prevent:
i) Any interference with the supply to or obstruction from such sources; and
ii) Pollution of the water so as to affect adversely the quality thereof.
The Apprentices Act 1961
The Contractor shall duly comply with the provisions of the Apprentices Act 1961
(III of 1961) the rules made there under word and any order that may be issued from
time to time under the said Act and the said Rules and on his failure or neglect to do
so be shall be subject to all liabilities and penalties provided by the said Act and the
said rules.
Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential, save
insofar as may be necessary for the purposes thereof, and shall not publish or disclose the
same or any particulars thereof in any trade or technical paper or elsewhere without the
previous consent in writing of the Employer. If any dispute arises as to the necessity of any
publication or disclosure for the purpose of the Contract the same shall be referred to the
102
Employer whose determination shall be final.
Life-Saving Appliances and First-Aid Equipment

The Contractor shall provide and maintain upon the Works and the Site sufficient, proper
and efficient life-saving appliances and first-aid equipment to the approval of the Engineer
and in accordance with the requirements of ILO Convention No. 62. The appliances and
equipment shall be available for use at all times during the Contract Period
Customs and Security Requirements
The Contractor shall comply with all regulations for the time being imposed by the Customs
and Security Authorities in respect of the passage of Plant, vehicle, materials and personnel
through Customs barriers.
Indemnification
The Contractor shall keep the Employer both during and after the term of this Contract fully
and effectively indemnified against all losses, damages, injuries, deaths, expenses, actions,
proceedings, demands, costs and claims including, but not limited to, legal fees and
expenses, suffered by Employer, where such loss, damages, injury or death is the direct
result of the wrongful action, negligence, or breach of Contract of the Contractor or their
sub-contractors, or the personnel or agents of either of them, including the use or violation
of any statutory regulations, laws in vouge in the Employer’s country.
Generic Environmental Management and Monitoring Plan

Environmental Management and Monitoring Plan (EMP) is the key to ensure a safe and
clean environment. The desired results from the environmental mitigation measures
proposed in the project may not be obtained without a management plan to assure its
proper implementation and function. The EMP envisages the plans for the proper
implementation of mitigation measures to reduce the adverse impacts arising out of the
project activities.
The Contractor shall follow the generic environmental management plan given as
Appendix-I, Particular Conditions of Contract. However, based on the site requirements,
mitigation measures worked out in road specific EIA/IEE reports shall be adopted in
coordination with Site Engineer.
Social Liability
(i) The Contractor shall bear the cost of any impact on structure or land due to
movement of machinery during construction.
(ii) All temporary use of lands outside ROW to be through written approval of
Landowner.
(iii) Location of construction camps to be set up in consultation with PWD.
HIV-AIDS Awareness and Prevention

(a) The Contractor shall conduct an HIV-AIDS awareness programme via an approved service
provider or specialized NGO, and shall undertake such other measures as are specified in
this Contract to reduce the risk of the transfer of the HIV virus between and among the
Contractor’s Personnel and the local community, to promote early diagnosis and to assist
affected individuals. The Contractor shall throughout the contract: (i) conduct Information,
Education and Consultation Communication (IEC) campaigns, at least every other month,
addressed to all the Site staff and labor (including all the Contractor's employees, all Sub-
Contractors and Consultants' employees working on the Site, and truck drivers and crew
making deliveries to the Site for Works and Services executed under the contract, and to
the immediate local communities, concerning the risks, dangers and impact, and
appropriate avoidance behavior with respect to of Sexually Transmitted Diseases (STD)—
or Sexually Transmitted Infections (STI) in general and HIV/AIDS in particular; (ii) provide
male or female condoms for all Site staff and labor as appropriate; and (iii) provide for STI
and HIV/AIDS screening, diagnosis, counseling and referral to a dedicated national STI
and HIV/AIDS program, (unless otherwise agreed) of all Site staff and labor.
(b) The Contractor shall include in the program to be submitted for the execution of the
Works and Services under Sub-Clause 17 a program for Site staff and labour and their
families in respect of Sexually Transmitted Infections (STI) and Sexually Transmitted
Diseases (STD) including HIV/AIDS. The STI, STD and HIV/AIDS alleviation program
103
shall indicate when, how and at what cost the Contractor plans to satisfy the
requirements of this Sub-Clause and the related specification. For each component,
the program shall detail the resources to be provided or utilized and any related sub-
contracting proposed. The program shall also include provision of a detailed cost
estimate with supporting documentation. Payment to the Contractor for preparation and
implementation this program shall not exceed the Provisional Sum dedicated for this
purpose.
Removal of staff
If the Engineer or his Representative asks the Contractor to remove a person who is a
member of the Contractor’s staff or work force, stating the reasons, the Contractor shall
ensure that the person leaves the Site within seven days and has no further connection
with the work in the Contract.
It will be the sole responsibility of the Contractor to replace the removed person
with a suitable candidate having equivalent or better qualification.
GCC 63 The Contractor shall (a) establish an operational system for managing environmental
impacts, (b) carry out all of the monitoring and mitigating measures set forth in the
Technical Specifications attached hereto, (c) allocate the budget required to ensure that
such measures are carried out, and the actual costs for the implementation of such
measures shall be reimbursed by the Employer to the Contractor from Provisional Sums.
The Contractor shall submit to the Employer quarterly reports on the carrying out of such
measures.
104
Section – 8:
Contract Forms
105
Section 8 - Contract Forms
Table of Forms
Letter of Acceptance ................................................................................................................................ 8-107

Contract Agreement ................................................................................................................................. 8-108
Performance Security .............................................................................................................................. 8-109
Advance Payment Security ..................................................................................................................... 8-110
106
Letter of Acceptance
[on letterhead paper of the Employer]
. . . . . . . date. . . . . . .
To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . .
Subject: . . . . . . . . . . Notification of Award Contract No. . . . . . . . . . .
This is to notify you that your Bid dated . . . . date . . . . consisting of the Technical and Price Bids
for execution of the . . . . . . . . . .name of the contract and identification number, as given in the Contract
Data . . . . . . . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .amount in
numbers and words and name of currency . . . . . . . . ., as corrected and modified in accordance with the
Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included in
Section 9 (Contract Forms) of the Bidding Document.
Authorized Signature: .........................................................................
Name and Title of Signatory: ..............................................................
Name of Agency: ................................................................................
Attachment: Contract Agreement
107
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between .
. . . . name of the Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . .
. name of the Contractor. . . . .(hereinafter “the Contractor”), of the other part:
(Following is Applicable for Joint Ventures only)

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between .
. . . . name of the Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . .
. name of the Contractor ……….JV (hereinafter “the Contractor”) of the other part consisting of
following entities, namely 1(name and address) 2(name and address) 3 (name and address)………….. each of
which will be jointly and severally liable to the Employer for all obligations execution and completion under
this agreement,:
WHEREAS the Employer desires that the Works known as . . . . . name of the Contract.
. . . .should be executed by the Contractor, and has accepted a Bid by the Contractor for
the execution and completion of these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
- the Letter of Acceptance

- the Letters of Technical Bid and Price Bid
- the Addenda Nos . . . . . insert addenda numbers if any. . . . .
- the Particular Conditions
- the General Conditions;
- the Specification
- the Drawings; and
- the completed Schedules,
3. In consideration of the payments to be made by the Employer to the Contractor as indicated
in this Agreement, the Contractor hereby covenants with the Employer to execute the Works
and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
108
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of India on the day, month and year indicated above.
Signed by ......................................................... Signed by .......................................................
for and on behalf of the Employer for and on behalf the Contractor
in the presence of in the presence of
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
109
Performance Security
................................ Bank’s Name, and Address of Issuing Branch or Office .................................
Date: ........................................................................................................................
Performance Guarantee No.: .................................................................................
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called

"the Contractor") has entered into Contract No. . . . . . reference number of the Contract. .
. . . dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief
description of Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . . . .
name of the currency and amount in figures*. . . . . . (. . . . . amount in words. . . . . ) such sum
being payable in the types and proportions of currencies in which the Contract
Price is payable, upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Contractor is in breach of its obligation(s)
under the Contract, without your needing to prove or to show grounds for your
demand or the sum specified therein.
The guarantor agrees to one time extension of this guarantee for period not to
exceed six months, in response to the employer’s written request for such
extension, such request to be presented to us, the guarantor, before the expiry of
this guarantee.
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . ,
and any demand for payment under it must be received by us at this office on or
before that date.
............................
Seal of Bank and Signature(s)
- Note -
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable
to the Employer. If the bank issuing the performance security is located outside the country of the Employer, it
shall have a correspondent financial institution located in the country of the Employer.
2
Insert the date twenty-eight days after the expected completion date.
110
Advance Payment Security
................................ Bank’s Name, and Address of Issuing Branch or Office .................................
Date: ........................................................................................................................
Advance Payment Guarantee No.: ........................................................................
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the
Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . .
dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief description of
Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an

advance payment in the sum . . . . . name of the currency and amount in figures*. . . . . . (. . . . .
amount in words. . . . . ) is to be made against an advance payment guarantee.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably

undertake to pay you any sum or sums not exceeding in total an amount of . . . . .
name of the currency and amount in figures*. . . . . . (. . . . . amount in words. . . . . ) upon receipt by
us of your first demand in writing accompanied by a written statement stating that
the Contractor is in breach of its obligation under the Contract because the
Contractor used the advance payment for purposes other than the costs of
mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on
its account number . . . . . Contractor’s account number. . . . . at . . . . . name and address of the
Bank. . . . . .
The guarantor agree to a one time extension of this guarantee for a period not to
exceed six months, in response to the employer’s written request for such extension,
such request to be presented to us, the guarantor, before the expiry of this
guarantee.
The maximum amount of this guarantee shall be progressively reduced by the
amount of the advance payment repaid by the Contractor as indicated in copies of
interim statements or payment certificates which shall be presented to us. This
guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that eighty (80) percent of the Contract Price has been
certified for payment, or on the . . day of . . . . . ., . . .**, whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by
us at this office on or before that date.
............................
Seal of Bank and Signature(s)
- Note -
All italicized text is for guidance on how to prepare this demand guarantee and shall be
deleted from the final document.
1
The Guarantor shall insert an amount representing the amount of the advance payment
denominated either in the currency(ies) of the advance payment as specified in the Contract,
or in a freely convertible currency acceptable to the Employer.
2
Insert the expected expiration date of the Time for Completion.
111
Section- 9 Technical Specifications
Section – 9:
Technical Specifications
112
Section- 9 Technical Specifications
All the works shall be carried out as per the latest version of MORD and as per PWD
Uttarakhand's Specification.
-
113
114
115
AFFIDAVIT
(For correctness of bid)
1. I, the undersigned, do hereby certify that all statements made in the required attachments
are true and correct.
2. The undersigned also hereby certifies that neither our firm M/s____________________
have abandoned any work of PWD nor any contract awarded to us for such works have
been rescinded, during last five years prior to the date of this bid.
3. The undersigned hereby authorize (s) and request (s) any bank, person firm or corporation
to furnish pertinent information deemed necessary and requested by the Department to
verify this statement of regarding my (our) competence and general reputation.
4. The undersigned understand and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Department.
5. The decision of The Technical Bid Evaluation Committee will be final and will be binding
upon us/me. Our/my any claim in this regard shall not be entertained at any level, if
our/my bid is found to be Non responsive.
(Signed by an Authorised Officer of the Firm)
Title of Officer-
Name of Firm-
DATE-
116

Government of Uttarakhand Public Works Department: Bidding Document

Uploaded by

Copyright:

Available Formats

Government of Uttarakhand Public Works Department: Bidding Document

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Government of Uttarakhand Public Works Department: Bidding Document

Uploaded by

Copyright:

Available Formats

GOVERNMENT OF UTTARAKHAND

PUBLIC WORKS DEPARTMENT

Under the state plan, construction and protectione work of

Office of the Superintending Engineer

Invitation for Bids

INVITATION FOR BIDS

Completion Bid Security

Under the state plan, construction and

d) Downloading and submission of Bidding Documents is free of charge.

(Seal of the Tender Inviting Authority)

Section 1 - Instructions to Bidders

6. Sections of Bidding Document ...........................................................................10-11

26. Clarification of Bids ......................................................................................... 17

Section 1 - Instructions to Bidders

2.1 The funds shall be made available by the Government of Uttarakhand

3. Fraud and Corruption

performance and to have them audited by auditors appointed by Government of

4.3 Government of Uttarakhand considers a conflict of interest to be a situation in which a

B. Contents of Bidding Document

6. Sections of Bidding Document

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)

Section 5 – Works Requirements (WRQ)

PART III Conditions of Contract and Contract Forms

Section 6 - General Conditions (GCC)

7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting, if

8. Amendment of Bidding Document

10. Language of Bid

11. Documents Comprising the Bid

11.2 The Technical Bid shall comprise the following:

11.3 The Price Bid shall comprise the following:

12. Letters of Bid and Schedules

13. Bid Prices and Discounts

14. Currencies of Bid and Payment

15. Documents Comprising the Technical Proposal

16. Documents Establishing the Qualifications of the Bidder

17. Period of Validity of Bids

18. Bid Security

18.6 The bid security may be forfeited:

19. Format and Signing of Bid

19.3 A bid submitted by a JV shall be signed so as to be legally binding on all partners.

D. Submission and Opening of Bids

20. Submission of Bids

21. Deadline for Submission of Bids

22. Late Bids

23. Withdrawal, Substitution, and Modification of Bids

24. Bid Opening

E. Evaluation and Comparison of Bids

25.1 Information relating to the examination, evaluation, comparison, and post

26. Clarification of Bids

27. Deviations, Reservations, and Omissions

27.1 During the evaluation of bids, the following definitions apply:

28. Preliminary Examination of Technical Bids

29. Responsiveness of Technical Bid

29.1 The Employer’s determination of a Bid’s responsiveness is to be based on the contents

30. Nonconformities, Errors, and Omissions

31. Qualification of the Bidder

32. Correction of Arithmetical Errors

33. Evaluation of Price Bids