TENDER

FOR REPAIR AND MAINTENANCE OF NSIC

OFFICE BUILDING
AT
P/104, TTC INDUSTRIAL AREA,
KHAIRANE MIDC, KOPARKHAIRANE,
NAVI MUMBAI – 400 710

THE NATIONAL SMALL INDUSTRIES CORPORATION LTD.

(A Government of India Enterprise)
P/104, TTC INDUSTRIAL AREA,
KHAIRANE MIDC, KOPARKHAIRANE,
NAVI MUMBAI – 400 710
Tel No.022 27620865
Email: [email protected]

Web Link: https://www.nsic.co.in/tender/CurrentTenders

https://eprocure.gov.in/epublish/app

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 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD.
(A GOVERNMENT OF INDIA ENTERPRISE)
NSIC Office Building,
P/104, TTC Industrial Area, Khairane MIDC,
Koparkhairane, Navi Mumbai-400710
Tel No. 022 27620865

Ref:- NSIC/NM/ADMN/57/2022-23 Date: 22/09/2022

M/s ------------------------------------------------------
--------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------

Sub: Repair and maintenance of the National Small Industries Corporation Limited (NSIC)
Office Building at P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane, Navi
Mumbai-400 710.

Sir,
Tender document in respect of the above mentioned works containing 31 pages as detailed on
Page 4 (Index) are forwarded herewith. Please note that tender is to be delivered in the office of the Sr.
Branch Manager, The National Small Industries Corporation Limited (NSIC), Branch Office Navi
Mumbai, P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710 on or
before 18/10/2022 up to 3.00 P.M.
The Tender should be signed on each page, dated and witnessed in all places provided for in the
documents; all other papers should be initialed.

The tender should be accompanied by tender fee and EMD as mentioned in the tender document.
Tenders without tender fee and EMD shall be summarily rejected. The Technical Bids will be opened
on 18/10/2022 at 4.00 P.M. and Price Bids of technically qualified bidders will be opened at a later date.

The person, signing the tender on behalf of company/firm or on behalf of another person shall
attach with tender a certified copy of proper authority/power of attorney on a non-judicial stamp paper
of requisite value duly executed in his favor by such person, company/firm and must state specifically
that he has authority to sign such tenders for and on behalf of such person or company/firm as the case
may be, and in all matters pertaining to the contract including arbitration clause.

This letter shall form part of the “CONTRACT” and must be signed and returned along with
the tender documents.

Yours faithfully

Sr. Branch Manager

Encl.31 Pages
Signature of the bidder

2
 NOTICE INVITING TENDER

Tender notice for Repair and maintenance of NSIC Office Building at P/104, TTC Industrial Area,
Khairane MIDC, Koparkhairane, Navi Mumbai-400710.

Ref:- NSIC/NM/ADMN/57/2022-23 Date: 22/09/2022

Sealed item rate tenders are invited from eligible and experienced contractors who have successfully
completed similar works during last 7 (seven) years ending 31.03.2022. Eligibility criteria for this work,
(i) Three similar works costing not less than Rs.4,84,305/- each, or (ii) Two similar works costing not
less than the amount of Rs. 6,05,382/- each or (iii) One similar work costing not less than Rs.9,68,610/-
for carrying out the following work. The values mentioned are exclusive of taxes, GST.

S. Name of the work Estimated Earnest Compl Issue of Blank Last Date of
No. cost (Rs.) Money etion Tender Document Submission
Deposit Time Tender
(EMD)/ Bid
Security
(Rs)
1. Repair and maintenance of 12,10,763/- Rs. 24215/- 90 From 18/10/2022
NSIC Office Building at (without Days 22/09/2022 Up to 3.00
P/104, TTC Industrial Area, GST) To PM
Khairane MIDC, 18/10/2022
Koparkhairane, Navi Within office
Mumbai-400710. hours.

1. Blank tender documents (non-transferable) for above work shall be issued from 22/09/2022 to
18/10/2022 on all working days from the address given below on payment of required tender fee of
Rs. 1,180/- (Rupees One Thousand One Hundred Eighty only) (non-refundable) including GST in
the form of DD/Pay order/Bankers Cheque in favor of “The National Small Industries Corporation
Ltd.” Payable at Mumbai. The intending tenders can also download the complete tender document
available on the web site: www.nsic.co.in/tender/current-tender.aspx and submit the same along with
requisite tender fee, and supporting documents on or before the due date and time of submission.

2. Tenderers registered as Micro and Small Enterprises (MSEs) as defined in MSME Procurement
Policy issued by department of Micro, Small and Medium Enterprises or are registered with the
Central Purchase Organization or the concerned Ministry or Department or Startups as recognized
by Department of Industrial Policy and Promotion are exempted from the payment of tender fee and
earnest money deposit. However, tenderer seeking exemption from payment of tender fee and
earnest money deposit shall submit the proof of the same along with their technical bid.

3. Intending tenderers should have valid registration with appropriate authorities for statuary taxes as
applicable.

4. The intending tenderers should have satisfactorily completed similar works during last 7 (Seven)
years ending 31.03.2022. Eligibility criteria for this work, (i) Three similar works costing not less
than Rs.4,84,305/- each, or (ii) Two similar works costing not less than the amount of Rs. 6,05,382/-
each or (iii) One similar work costing not less than Rs.9,68,610/- Similar nature work means: -
“construction / repair works of building/sheds only”. The values mentioned above are exclusive of
GST.

3
5. Tender documents can be purchased from the office of the Sr. Branch Manager NSIC Branch Office
Navi Mumbai, P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710
on all working days between 10.00 am to 4.00 pm except on holidays and Saturdays, Sundays, after
payment of requisite tender cost as mentioned above.

6. The tender documents duly completed along with tender fee and earnest money deposit (if not
eligible for exemption) in form of Demand Draft/Pay Order in favor of the “The National Small
Industries Corporation Ltd” payable at Mumbai from any Nationalized Bank/scheduled bank will be
submitted at the office of the Sr. Branch Manager NSIC Branch Office Navi Mumbai, P/104, TTC
Industrial Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710 up to 03:00 PM on
18/10/2022. Technical bid of the parties shall be opened on the same day i.e. 18/10/2022 at 04:00
PM. The tender submitted without tender fee and earnest money deposit or valid exemption
certificate, shall be summarily rejected.

7. NSIC reserves the right to reject any or all the tenders without assigning any reason thereof and also
not bound to accept lowest tender. Tenders in whom any of the prescribed conditions are not fulfilled
or found incomplete in any respect are liable to be rejected.

8. Canvassing, whether directly or indirectly in connection with tender is strictly prohibited and the
tender submitted by the contractors who resort canvassing will be liable to be summarily rejected.

9. The Technical Bid submitted by the parties shall be opened on the same day i.e. 18/10/2022 at 04:00
PM in the presence of tenderers who wish to be present. The price bids of technically qualified
parties shall be opened at a later date and the technically qualified parties shall be informed in
advance about the opening of their price bid.

10. Bank Account details for transfer of Tender fee through NEFT/RTGS is as under:-

ACCOUNT NAME BANK NAME BANK A/C NO. BANK IFSC

CODE
The National Small PNB, Mandvi, 3735002106057720 PUNB0373500
Industries Mumbai
Corporation Ltd.

Note: In case of any further details required, the same can be collected from the office of The Sr. Branch
Manager, The National Small Industries Corporation Limited (NSIC), Branch Office Navi Mumbai, P/104,
TTC Industrial Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710 from 22/09/2022 to
18/10/2022 (except Saturday & Sunday) between 10:00 hours to15:00 hours

Sr. Branch Manager

The National Small Industries Corporation Limited (NSIC),
Branch Office: Navi Mumbai

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 THE NATIONAL SMALL INDUSTRIES CORPORATION
LTD.
(A GOVERNMENT OF INDIA ENTERPRISE)
NSIC Office Building,
P/104, TTC Industrial Area, Khairane MIDC,
Koparkhairane, Navi Mumbai-400710
Tel No. 022 27620865

Ref:- NSIC/NM/ADMN/57/2022-23 Date: 22/09/2022

INDEX OF TENDER DOCUMENTS

S.
DESCRIPTION PAGES
NO.

1 INSTRUCTION TO TENDERERS 6-9

2 GENERAL CONDITIONS OF CONTRACT 10-22

FORM OF TENDER-CUM-BID SECURITY

3 23
DECLARATION

4 APPENDIX 24
25-26
SPECIAL CONDITIONS
5
TENDER DRAWING
6 27

7 BILL OF QUANTITIES (BOQ) 28-31

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 INSTRUCTIONS TO TENDERERS

1.0 GENERAL

Tenderers are advised to acquaint themselves fully with the description of work, scope of
services, time schedule and terms and conditions including all the provisions of the tender
document before framing up their tender.

2.0 SITE PARTICULARS

Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves
before submitting their tenders as to nature of work, site conditions, means of access to the site
etc. Non-familiarity with the site conditions will not be considered a reason either for extra
claims or for not carrying out the work in strict conformity with the specifications. For site visit
and any clarification/information/Assistance, the intending tenderers may contact Sr. Branch
Manager, The National Small Industries Corporation Limited (NSIC) Branch Office Navi
Mumbai, P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710

3.0 SUBMISSION OF TENDER

a) The expression “Tender Notice” referred to in the Tender Documents shall be deemed to
include any Notice / Letter Inviting Tender with respect to the work forming the subject
matter of the documents and vice-versa.

b) The tender complete in all respects shall be submitted along with tender fee (if not eligible
for exemption) as stipulated in the Notice/Letter Inviting Tender ONLY. Tenders without
tender fee (if not eligible for exemption) will be out rightly rejected.

Tenders shall be submitted in two separate sealed envelopes Super scribing the following:-

ENVELOPE –I (TECHNICAL BID)

Name of work : Repair and maintenance of The National Small Industries

Corporation Limited (NSIC), Office Building at P/104, TTC
Industrial Area, Khairane MIDC, Koparkhairane, Navi
Mumbai-400710.

Tender no. : Ref:- NSIC/NM/ADMN/57/2022-23

Date: 22/09/2022

Due date & time of opening : 18/10/2022 at 04:00 PM

Addressed to : Sr. Branch Manager, The National Small Industries Corporation

Limited (NSIC) Branch Office Navi Mumbai, P/104,TTC Industrial
Area, Khairane MIDC, Koparkhairane, Navi Mumbai-400710

From:
Name & Address of the tenderer

6
This envelope shall contain the following: -
• Tender fee and earnest money deposit should be in the form of Demand
Draft/PayOrder/Bankers Cheque drawn on a scheduled/nationalized bank in favour of ‘‘
The National Small Industries Corporation Ltd.” payable at Mumbai. In case tender fee is
transferred through NEFT/RTGS, proof of the same should be attached with the technical
bid of the tender document.
• Cheque will not be accepted. For Tender documents downloaded from website, a Demand
Draft / Bankers cheque of Rs. 1,180/- (Rupees One Thousand One Hundred Eighty only)
(non-refundable) including GST towards the cost of tender documents is to been closed in
envelope–I.
• Certificates / Documents of work experience executed during last 7 (Seven) years ending
31.03.2022. Eligibility criteria for this work, (i) Three similar works costing not less than
Rs. 4,84,305/- each, or (ii) Two similar works costing not less than the amount of Rs.
6,05,382/- each or (iii) One similar work costing not less than Rs. 9,68,610/- on the basis
of which bidder wishes to get qualified and copies of supporting work orders, schedule of
quantities and completion certificate should been closed. The values mentioned above are
exclusive of service tax/ GST. In case of completion certificate issued by the private
parties, TDS certificate should also been closed.
• Certificate of Registration for GST.
• Partnership Deed in case of partnership firm and Articles of Association in case of limited
Company.
• Power of Attorney in favour of person who has signed the tender document. In case of
company, the authority to sign the tender is to be given under Board resolution.
• Copies of PAN/ TAN card.
• Complete tender document with each page signed and stamped by the bidder.
It may be clearly noted that the filled up price bid should not be placed inside this envelope
containing the technical bid. In case the filled up price bid is found inside the technical bid,
such tender shall be summarily rejected.
ENVELOPE –II (PRICE BID)
Name of work : Repair and maintenance of The National Small Industries Corporation
Limited (NSIC), Office Building at P/104, TTC Industrial Area,
Khairane MIDC, Koparkhairane, Navi Mumbai-400710.
Tender no. : Ref:- NSIC/NM/ADMN/57/2022-23
Date: 22/09/2022
Due date & time of opening : Schedule shall be intimated later to all technically qualifying Bidders
Addressed to : The Sr. Branch Manager The National Small Industries Corporation
Limited (NSIC) NSIC Branch Office Navi Mumbai, P/104, TTC Industrial Area, Khairane MIDC,
Koparkhairane, Navi Mumbai-400710
From:
Name & address of the tenderer
NOTE: Envelope-I shall contain all the documents related to eligibility criteria, terms-
conditions of tender documents etc. i.e. complete tender documents except Price Bid part.
Envelope-II shall contain only price bid/Schedule of Quantities to be charged by the tenderers
for execution of the work. It is to be noted that the Envelope-II shall contain only PRICES and
no conditions i.e. deviations/assumptions/stipulations/clarifications/comments/ any other
request what so ever. Conditional offers will be rejected.

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4.0 QUALIFYING CRITERIA
Tenderers having following valid documents will be technically qualified and considered for
opening of their price bid. Technically qualified parties have no right to claim for award of the
work. Corporation reserves the right to cancel or award the work to any party/tenderers.
• Tender fee and earnest money deposit should be in the form of Demand Draft/Pay
Order/Bankers Cheque drawn on a scheduled/nationalized bank in favour of “The National
Small Industries Corporation Ltd.” payable at Mumbai. Cheques will not be accepted. The
money receipt issued by NSIC regarding purchase of tender document also to be enclosed
in this envelope-I. For Tender documents downloaded from website, a Demand Draft /
Bankers cheque of Rs. 1,180/- (Rupees One Thousand One Hundred Eighty only) (non-
refundable) including GST towards the cost of tender documents is to be enclosed in
envelope –I. In case tender fee is transferred through NEFT/RTGS, proof of the same
should be attached with the technical bid of the tender document

• Certificates / Documents of work experience details of, (i) Three similar works costing not
less than Rs.4,84,305/- each, or (ii) Two similar works costing not less than the amount of
Rs.6,05,382/- each or (iii) One similar work costing not less than Rs.9,68,610/- executed
by the bidder during last seven years, on the basis of which bidder wishes to get qualified
and copies of supporting work orders, schedule of quantities and completion certificate
should be enclosed. The values mentioned above are exclusive of service tax/ GST. In case
of completion certificate issued by the private institutes, TDS certificate should also
been closed.

• Certificate of Registration for GST.

• Partnership Deed in case of partnership firm and Articles of Association in case of limited
Company.

• Power of Attorney in favour of person who has signed the tender documents. In case of
company, the authority to sign the tender is to be given under Board resolution.

• Copies of PAN card.

5. ABNORMALRATES

The tenderer is expected to quote rate for each item after careful analysis of costs involved for
the performance of the complete item considering technical specifications and conditions of
contract. This will avoid a loss of profit or gain in case of curtailment or change of specifications
for any item. If it is noticed that the unit rates quoted by the Tenderer for any items are usually
high or unusually low, it will be sufficient cause for rejection of the tender unless the Corporation
is convinced about the reasonableness of the unit rates on scrutiny of the analysis for such unit
rate to be furnished by the tenderer on demand. Notwithstanding anything there in stated, the
rates once accepted by the Corporation shall be final and shall not be subject to any change either
on account of un-workability of unit rates or on any other ground whatsoever.

8
6. DEVIATIONS TO TENDER CLAUSES
Tenderers are advised to submit the tender strictly based on the terms and conditions and
specification contained in the Tender Documents and not to stipulate any deviations. Conditional
tenders are liable to be rejected.
7. VALIDITY OF OFFER
Tender submitted by tenderers shall remain valid for acceptance for a minimum period of 120
days from the date of opening of the tenders. The tenderers shall not be entitled during the said
period of 120 days, to revoke or cancel their Tender or to vary the Tender price given or any
term thereof, without the consent in writing of the Owner. In case of tenderers revoking or
canceling their tenders or varying any terms & price of an item in regard thereof without the
consent of owner in writing, Corporation shall reject their tender forfeiting the Earnest money
paid by them along with their tender without giving any notice.
8. AWARD OF WORK
Corporation reserves the right to split the job into two or more parts and to award the work to
separate agencies/contractors. Work shall be awarded to the lowest bidder, subject to the work
experience and fulfillment of other terms & conditions and specifications
9. ACCEPTANCE/REJECTION OF TENDER
i). Corporation does not bind itself to accept the lowest tender.
ii). Corporation also reserves the right to accept or reject any tender in part or full without
assigning any reason whatsoever.
iii). Corporation also reserves the absolute right to reject any or all the tenders at any time
solely based on the past unsatisfactory performance by the bidder(s) the opinion/decision
of NSIC regarding the same shall be final and conclusive.
10. CORRECTIONS
No corrections or overwriting will be entertained in schedule of rates by using correcting fluid.
All correction in the schedule of rate should be made by penning through the error and writing
the corrected figure / words in legible handwriting by the side of correction duly initialed with
date and stamped.
11. FIRMRATES
The rates quoted by bidder shall remain firm till completion of all works even during the
extended period, if any, on any account whatsoever. It may be noted that no deviation on
this account will be acceptable and offer not containing firm price shall not be considered.
12. It will be obligatory on the part of the tenderer to sign the tender documents for all the
components & parts. After the work is awarded, he will have to enter into an agreement on
proforma to be provided by the Corporation for work awarded, on an on-judicial stamp paper of
requisite value at his own cost within ten days from date of receipt of acceptance work order.

13. Any addendum/ corrigendum issued shall form a part of the tender document. There will not be
any press notification on amendment/ corrigendum. The purchasers of the tender document the
prospective tenderers are required to visit NSIC weblink-https://www.nsic.co.in/tender/Current-
Tenders and CPP Portal for all such amendments/corrigenda to NIT as well as the tender
document.

Sr. Branch Manager

The National Small Industries Corporation Limited (NSIC),
Branch Office: Navi Mumbai

9
 GENERAL CONDITIONS OF CONTRACT

1. Where the context so requires, words importing the singular only also include the plural and vice
versa.

2. Corporation shall mean ‘The National Small Industries Corporation Ltd.(NSIC) (A Government of India
Enterprise) having its registered office at “NSIC Bhawan, Okhla Industrial Estate, New Delhi – 110020
and one of its Branch Office located at P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane,
Navi Mumbai-400710 which expression shall include its legal representatives, successors and permitted
assigns.

3. Definition

a) The ‘Contract’ means and includes the documents forming the tender and acceptance thereof
together with the documents referred to there in including the conditions, the specifications,
designs, drawing and instructions issued from time to time by the ‘Engineer-in-charge’, the formal
agreement executed between the Corporation and the Contractor, and all these documents taken
together shall be complementary to one another.

b) The ‘Site’ shall mean the land and / or other places on, into or through which work is to be executed
under the contract or any adjacent land, path or street which may be allotted or used for the purpose
of carrying out the contract.

c) The ‘Contractor’ shall mean the individual or firm or company, whether corporate or not,
undertaking the works and shall include the legal personal representative or such individual or the
persons composing such firm or company and the permitted assignee of such individual or firm or
company.

d) The ‘Competent Authority’ means the Chairman cum Managing Director of the Corporation and
his successors.

e) The Engineer-in-charge means the Technical Officer of the Corporation, as the case may be who
shall supervise and be the In-charge of the works.

f) The Sr. Branch Manager means the officer who holds the charge of that post in The National Small
Industries Corporation Ltd.(NSIC), Branch Office Navi Mumbai, P/104, TTC Industrial Area, Khairane
MIDC, Koparkhairane, Navi Mumbai-400710 during the currency of this agreement, to act on behalf
of the Chairman of the NSIC Ltd.

g) ‘IS Specification’ means the Specification of latest edition with amendments, if any, up to time of
receipt of tender by Corporation issued by the Bureau of Indian Standards as referred to in the
specifications and / or work orders.

h) The ‘Contract Sum’ means the sum agreed, or the sum calculated in accordance with the prices
accepted by the NSIC in the tender and / or the contract / negotiated rates payable on completion
of the works.

i) The ‘Final Sum’ means the amount payable under the Contract by the Corporation to the Contractor
for the full and entire execution and completion of works, in time.

j) The ‘Date of Completion’ is the date / date(s) for completion of the whole works, set out in the
tender documents, or any subsequently amended by the Corporation.

10
k) A ‘Week’ means seven days without regard to the number of hours worked or not worked in any
day in a week.

l) ‘Excepted Risks’ are risks due to riots (otherwise than among contractor’s employees) and civil
commotion (in so far as both these are uninsurable ) war (whether declared or not), invasion act of
foreign enemies, hostilities civil war, rebellion, revolution, insurrection military or usurped power,
Acts of God, such as earthquake, lightening, unprecedented floods and other causes over which the
contractor has no control and accepted as such by the Competent Authority or causes solely due to
use or occupation by the ‘Corporation’ of the part of works in respect of which a certificate of
completion has been issued.

m) ‘Urgent works’ shall mean any urgent measures which in the opinion of the Engineer-in-charge,
become necessary during the progress of the work to obviate any risk or accident or failure or which
become necessary for security.

n) The ‘Works’ shall mean the works to be executed in accordance with the contract or part(s)thereof
as the case may be and shall include all extra or additional, altered or instituted works or temporary
and urgent works as required for performance of the contract.

4. Works to be carried out:

The work to be carried out under the Contract shall, except as otherwise provided in these
conditions, include all labour, materials, tools, plant, equipment and transport which may be
required in preparation of and for and in the full and entire execution and completion of the works.
The descriptions given in the Schedule of Quantities shall, unless otherwise stated, beheld, to
include wastage on materials, carriage and cartage, carrying in return of empties hoisting, setting,
fitting and fixing in position and all other labour necessary in and for the full and entire execution
and completion as a foresaid in accordance with good practice and recognized principles.

5. Inspection of Site:

The Contractor shall inspect and examine the Site and its surrounding and shall satisfy himself
before submitting his tender as to the nature of the ground and subsoil (so far as is practicable), the
form and nature of the Site, the quantities and nature of works and material necessary for the
completion of the Works and the means of access to the Site, the accommodation he may require
and in general shall himself obtain all necessary information as to risks, contingencies and other
circumstances which may influence or affect this tender. No extra charges consequent on any
misunderstanding or otherwise shall be allowed.

6. Sufficiency of Tender:

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of
Quantities, which except as otherwise provided, cover all his obligations under the contract and all
matters and things necessary for the proper completion and maintenance of the Works.

7. Discrepancies and Adjustment of Errors:

The several documents forming the contract are to be taken as mutually explanatory of one another:

11
7.1(A) In the case of discrepancy between Schedules of quantities, Specifications and/or the Tender
Drawings, the following order of preference shall be observed.

a. Agreement
b. Letter of Award
c. Amendment/ Corrigendum to the tender document
d. Schedule of Quantities (Price Bid)
e. Drawings
f. Notice Inviting Tender and Instruction to Tenderers
g. Special conditions
h. General Condition of Contract (GCC)

7.1(B) If there are varying or conflicting provisions made in any document forming part of the Contract,
the Accepting Authority shall be the deciding authority with regard to the intention of the
document.
7.2 Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall
not vitiate the Contract or release the Contractor from the execution of the whole or any part of
the Works comprised therein according to tender drawings and specifications or from any of his
obligations under the Contract.
7.3.1 Inconsistencies/ Ambiguities in the price bid (schedule of quantities) shall be dealt with in
accordance with the following rules:-
a) Since this is an Item Rate Tender, only rates quoted shall be considered. Any tender
containing percentage below/ above the rates is liable to be rejected.
b) Rates quoted by the tenderer in figures and words shall be accurately filled in so that there is
no discrepancy in the rates written in figures and words. However, if a discrepancy is found,
the rates which correspond with the amount worked out by the tenderer shall be taken as
correct.
c) Where the rates quoted by the tenderer in figures and words tally, but the amount is not
worked out correctly, the rates quoted by the tenderer shall be taken as correct and not the
amount.
d) Where rate(s) of item(s) has been quoted in figures leaving the words blank or vice versa,
but the amount is not worked out as per the rate(s) quoted, the rates quoted by the tenderer
(either in figures or words) shall be taken as correct and not the amount.
e) In the event no rate has been quoted for any item(s), leaving space both in figure(s),word(s),
and amount blank, it will be presumed that the contractor has included the cost of this/ these
item(s) in other items and rate for such item(s) shall be considered as zero and work will be
required to be executed accordingly.
8. Performance Security:
Contractor will deposit performance security @ three percent (3%) of the accepted tender cost/
awarded cost as performance security within ten days (10) days from issuance of the letter of award
by NSIC. The performance security is to be deposited by the contractor in the form of Demand Draft/
Banker’s Cheque/ Pay Order favouring “The National Small Industries Corporation Ltd.” payable at
Mumbai.

The performance security shall remain with NSIC for a period of 60 (sixty) days beyond the date of
completion of all contractual obligations of the contractor, including Defects Liability Period (DLP).
The performance security will be forfeited and credited to the NSIC’s account in the event of a breach
of contract by the contractor/ termination of contract under any clause(s) of the contract. On expiry
of a period of 60 days beyond the Defects Liability Period, the Engineer-In-Charge shall, on demand
from the Contractor, refund to him the performance security (without any interest) provided the
Engineer-in-Charge is satisfied that there is no demand outstanding against the Contractor.

12
 9. Security Deposit

Security Deposit shall be deducted from gross amount of each running bill of the contractor @ five per cent
(5 %) till the overall deducted security deposit (including earnest money deposit) reaches five percent (5%) of
the accepted tender cost/ awarded cost. The earnest money deposit shall form part of security deposit.

9.1 Refund of Security deposit: The security deposit of 5% deducted from the each running bill of the
contractor shall be refunded along with payment of final bill after successful completion of the work
in all respect.

9.2 On expiry of a period of 60 days beyond the Defects Liability Period, the Engineer-In-Charge shall, on demand
from the Contractor, refund to him the remaining portion of the security deposit provided the Engineer-in-
Charge is satisfied that there is no demand outstanding against the Contractor.

9.3 No interest shall be payable to the contractor against the Security Deposit furnished / recovered from
the contractor, by the Corporation under any circumstance whatsoever. The security deposit will be
forfeited and credited to the NSIC’s account in the event of a breach of contract by the contractor/
termination of contract under any clause(s) of the contract.

10. Deviations/Variations Extent & Pricing:

10.1 The Engineer-in-Charge shall have power (i) to make alteration in, omissions, from or
additions to, or substitutions from the original specification, tender drawings, designs and
instructions that may appear to him to be necessary or advisable during the progress of the
work, and (ii) to omit a part of the works in case of non-availability of a portion of the
Site or for any other reasons, and the Contractor shall be bound to carry out the Works in
accordance with any instructions given to him in writing signed by The Engineer-in-
Charge and such alterations, omissions, additions or substitutions shall form part of the
Contract as if originally provided therein and any altered, additional or substituted work
which the contractor may be carrying out on the same conditions in all respects including
price on which he agreed to do the main work. Any alterations, omissions additions or
substitutions ordered by the Engineer-In-Charge which in the opinion of the contractor
changes the original nature of the Contract, he shall carry it out and the rates for such
additional, altered or substituted work shall be determined by the Engineer-in-Charge as
perclause10 (i) to (iii) here under of the tender document.

10.2 The time of completion of the works shall in the event of any deviations resulting in
additional cost over the Contract Sum being ordered be extended as follows if requested
by the Contractor.

a) In the proportion which the additional cost of the altered addition a or substituted
work, bears to the original Contract sum; plus.
b) 25% of the time calculated in (a) above or such further additional time as may be
considered reasonable by the Engineer-in-Charge.

11. Rates for Extra/Additional Items

i) If the rate for additional, altered or substituted item of work specified in the Schedule of
Quantities the Contractor shall carry out the additional, altered or substituted item at the
same rate.

13
 ii) If the rate for any altered, additional or substituted item of work is not specified in the
schedule of Quantities the rate for that item shall be derived from the rate for the nearest
similar item specified therein.

iii) If the rate for any altered, additional or substituted item of work cannot be determined in
the manner specified in sub-paras (i) and (ii) above, the contractor shall within 7days of
the receipt of the order to carry out the said work, inform the Engineer-in-Charge under
advice to the Accepting Authority of the rate which he proposes to claim for such item
of work, supported by analysis of the rate claimed, and the Engineer-in-Charge shall,
within One month thereafter, after give due consideration to the rate claimed by the
Contractor determine the rate on the basis of market rate(s). In the event of the contractor
failing to inform the Engineer-in-Charge within the stipulated period of time, the rate
which he proposes to claim, the rate for such item shall be determined by the Engineer-
in Charge on the basis of market rate(s) and shall be final.

12. Suspension of Works:

a) The contractor shall, on receipt of the order in writing of the Engineer-in-Charge, suspend
the progress of the works or any part thereof for such time and in such manner as the
Engineer-in-Charge may consider necessary for any of the following reasons:

i) On account of any default on part of the Contractor; or

ii) For proper execution of the Works or part thereof for reasons other than the
default of the Contractor; or

iii) For safety of the works or part thereof. The contractor shall, during such
suspension, properly protect and secure the works to the extent necessary and
carryout the instructions given in that behalf by the Engineer-in-Charge.

b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above. The Contractor
shall be entitled to an extension of the time equal to the period of every such suspension
plus 25%. No financial compensation for such suspension shall be admissible to the
contractor.

13. Time and Extension for Delay:

The time allowed for execution of the works as specified in the Appendix or the extended time
as approved by NSIC in accordance with these conditions shall be the essence of the Contract.
The execution of the works shall commence from the 10th day after the date on which the
Corporation issues written orders to commence the work or from the date of handing over of the
site, whichever is earlier. If the Contract or commits default in commencing the execution of the
work as aforesaid, Corporation shall without prejudice to any other right or remedy be at liberty
to terminate the contract and also to de bar the contract or for a period of three years from
participating in any tender invited by the Corporation.

12.1 As soon as possible after the Contract is concluded the Engineer-in-Charge and the Contractor
shall agree upon a Time and Progress Chart. The Chart shall be prepared in direct relation to the
time stated in the Contract documents for completion of items of the works. It shall indicate the
forecast of the dates of commencement and completion of various trades or sections of the work
and may be amended as necessary by agreement between the Engineer-in-Charge and the
Contractor within the limitations of time imposed in the Contract Documents.

14
12.2 If the work be delayed by

(a) Force majeure or

(b) Abnormally bad weather or

(c) Serious loss or damage by fire, or

(d) Civil commotion, local combination of workmen strike or lockout, affecting any of the
trades employed on the work, or

(e) Delay on the part of other contractors or tradesmen engaged by Corporation in executing
work not forming part of the contract, or

(f) Any other cause which, in the absolute discretion of the authority mentioned in Appendix is
beyond the Contractor’s control;

Then upon the happening of any such event causing delay, the Contractor shall immediately give
notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his best
endeavors to prevent or make good the delay and shall do all that may be reasonably required to
the satisfaction of the Engineer-in-Charge to proceed with the Works.

12.3 Request for extension of time, to be eligible for consideration, shall be made by the Contractor in
writing within fourteen days of the happening of the event causing delay. The Contractor may
also if practicable, indicate in such request the period for which extension is desired.

12.4 In any such case the competent authority may give a fair and reasonable extension of time for
completion of the work. Such extension shall be communicated to the contractor by the
Engineer-in-Charge and no compensation whatsoever for the extended period, if any shall be
applicable/payable.

13. The Contractor shall arrange, at his own expense, all tools, plant and equipment here after
referred to as (T&P) labour, P.O.L. & electricity required for execution of the work.

14. FORCE MAJEURE

Any delays in or failure of the performance of either party herein shall not constitute default
there under or give rise to any claim for damages, if any, to the extent such delays or failure of
performance is caused by occurrences such as Act of god or the public enemy, expropriation or
confiscation of facilities by Government authorities, or in compliance with any order or request
of any Governmental authorities or due acts of war, rebellion or sabotage or fires, floods,
explosions, riots or illegal joint strikes of all the workers of all the contractors.

15. MATERIALS

1. All materials to be provided by the Contractor shall be in conformity with the specifications
laid down in the contract and the Contract or shall, if requested by the Engineer-in-Charge,
furnish proof to the satisfaction of Engineer-in-Charge in this regard.

2. The contractor shall indemnify the Corporation, its representatives or employees against any
action, claim or proceeding relating to infringement or use of any patent or design or any
alleged patent or design rights and shall pay any royalties or other charges which may be
payable in respect to any article or material or part thereof included in the Contract. In the
15
 event of any claim being made or action being brought against the Corporation or any agent, servant
or employee of the Corporation in respect of any such matters as a foresaid, the Contractor shall
immediately be notified thereof.

3. All charges on account of octroi, terminal or GST and other duties on material obtained for
the Works from any source shall be borne by the Contractor.

4. The Engineer-in-Charge shall be entitled to have tests carried out as specified as per relevant
standard code of practice for any materials supplied by the Contractor even for those for
which, as stated above, satisfactory proof has already been furnished, at the cost of the
Contractor and the Contractor shall provide at his own expense all facilities which the
Engineer-in-Charge may require for the purpose. The cost of materials consumed in tests
shall be borne by the Contractor.

5. Stores and Materials required for the works, brought by the Contractor, shall be stored by
the Contractor only at places approved by the Engineer-in-Charge. Storage and safe custody
of material shall be the responsibility of the contractor.

i. Corporation’s officials concerned with the Contract shall be entitled at any time to
inspect and examine any materials intended to be used in or on the works, either on
the Site or at factory or workshop or other place(s) where such materials are
assembled, fabricated or at any place(s) where these are lying or from where these
are being procured and the contractor shall give such facilities as may be required for
such inspection and examination.

ii. All materials brought to the Site shall become and remains the property of the
Corporation and shall not be removed off the Site without the prior written approval
of Engineer-in-Charge of the Corporation. But whenever the works are finally
completed the Contractor shall, at his own expense forthwith, but with the prior
approval from the Corporation, remove from the Site all surplus materials originally
supplied by him and upon such removal the same shall revert in and become the
property of the contractor. However before giving any approval as aforesaid, the
corporation shall be entitled to recover or adjust any amount given as advance to the
Contractor.

16. Labour Laws and payment of wages to be complied:

The contractor shall comply with the Labour laws in force. No Labour below the age of eighteen
years shall be employed on the works. The tenderer should make their own arrangement for the
assign all Labour trained in the particular field of work preferably local.

The contractor shall obtain a valid license under the Contract Labour (R&A) Act, 1970 and the
Contract Labour (R&A) Central Rules, 1971, before the commencement of the work, and
continue to have a valid license till completion of work. The contractor shall also abide by the
provisions of the Child Labour (Prohibition and Regulation) Act, 1986. The contractor shall
comply with the provisions of the Payments of wages act, 1936, Minimum wages Act, 1948,
Employment liability Act, 1938, Workmen’s compensation act 1923, Industrial dispute Act,
1947, the factories act 1948, maternity benefit act 1961 and any statutory amendments or re-
amendments thereof for the time being in force.

In respect of all Labourers directly or indirectly employed in the work for the performance of
the contractor’s part of this contract, the contractor shall at his own expense arrange the
safetyprovisionaspersafetycodeframedfromtimetotimebystatutoryauthoritiesandshallathis

16
 own expense provide for all facilities in connection therewith. In case, the contractor fails to
make arrangement and provide necessary facilities as aforesaid he shall be responsible for any
compensation for each default and in addition the Engineer-In-Charge shall be at liberty to make
arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from
the contractor.

The contractor shall be fully liable for compliance of EPF or ESI of the labours/ workmen
deployed by them for carrying out the work as per prevailing Central or State government
norms and the Corporation has nothing to do with the same. Corporation shall not be
responsible for any liability/claims what so ever in this regard. Further as and when demanded
by the Corporation, the contractor shall submit the proof of deductions/ deposits of such
liabilities of their Labours/ workmen engaged in the work to the Corporation. In case of
default, the Corporation may deduct the payments against these liabilities from the bills of the
contractor or may stop the payment of the bill till such time the compliance is proved the
contractor.

The ESI and EPF contributions on the part of employer in respect of this contract shall be
paid by the contractor. These contributions on the part of the employer paid by the contractor
shall be reimbursed by the Engineer-in-charge to the contractor on actual basis, as applicable
subject to submission of necessary supporting documents by the contractor to the satisfaction
of the Engineer-in-Charge.

17. Liquidated Damages for Delay

17.1 Time is essence of the contract. In case the CONTRACTOR fails to complete the whole work
within the stipulated period, and clear the site, he shall be liable to pay liquidated damages
@0.5% (One Half of one percent only) of the value of contract per week and or part thereof of
the delay subject to a maximum of 10% (ten percent only) of the value of the contract. The
parties agree that this is a genuine pre-estimate loss / damage which will be suffered on account
of delay on the part of the Contractor and the said amount will be payable on demand without
there being any proof of the actual loss of damages caused by such delay.

17.2 The amount of Compensation may be adjusted or set-off against any sum payable to the
Contract or under this or any other contract with the Corporation.

18. Defects Liability Period:

The Contractor shall be responsible to make good and remedy at his own expense within
defect liability period of one year from the date of completion of the work in all respect.

19. Contractor’s Liability and Insurance

From commencement to completion of the works, the Contractor shall take full responsibility,
care of and precautions to prevent loss or damage and to minimize loss or damage to the greatest
extent possible and shall be liable for any damage or loss that may happen to the Works or any
part thereof from any cause whatsoever (save and except the Excepted Risks) and shall at his
own cost repair and make good the same so that, at completion, the works shall be in good order
and conditions and in conformity in every respect with the requirements of the Contract and
instructions of the Engineer-in-Charge.

19.1. In the event of any loss or damage to the Works or any part thereof or to any material or articles
at the Site from any of the Excepted Risks the following provisions shall have effect:

17
 a. The Contractor shall, as may be directed in writing by the Engineer-in-Charge, remove from
the site any debris and so much of the works as shall have been damaged.

b. The Contractor shall, as may be directed in writing by the Engineer-in-Charge, proceed with
the completion of the works under and in accordance with the provisions and Conditions of
the Contract, and

19.2 Provided always that the Contract or shall not been titled to payment under the above provisions
in respect of such loss or damage as has been occasioned by any failure on his part to perform
his obligations under the Contract or not taking precautions to prevent loss or damage or
minimize the amount of such loss or damage.

19.3 The Contractor shall indemnify and keep indemnified the Corporation against all losses and
claims for injuries or damage to any persons or any property whatsoever which may arise out of
or in consequence of the construction and maintenance of works and against all claims, demands
proceedings, damages costs, charges and expenses whatsoever in respect of or in relation there
to. Provided always that nothing herein contained shall be deemed to render the Contract or not
liable for or in respect of or to indemnify the Corporation against any compensation or damage
caused by the Excepted Risks.

19.4 Before commencing execution of the work, the Contractor shall, without in anyway limiting
his obligations and responsibilities under this condition, obtain and deposit with the
Corporation – Contractors “All Risk Policy” and “Third Party” Insurance policy.

19.5 The Contractor shall at all times indemnify the Corporation against all claims, damages or
compensation under the provisions of Payment of Wages Act, 1936, Minimum Wages Act.1948,
Employer’s Liability Act, 1938 the Workmen’s Compensation Act, 1923, Industrial Disputes
Act, 1947 and the Maternity Benefit Act.1961 or any modifications thereof or any other law
relating there to and rules made there under from time to time.

19.6 The Contract or shall prove to the Engineer-in-Charge from time to time that he has taken all the
insurance policies referred to above and has paid the necessary premiums for keeping the policies
alive till completion of the work.

19.7. All statutory deductions as applicable like TDS, Works Contract Tax Act etc. shall be made
from the due payment of the contractor.

19.8 No claim for interest will be entertained by the corporation in respect of any balance payments
or any deposits which may be held up with the corporation due to any dispute between the
corporation and contractor or in respect of any delay on the part of the corporation in making
final payment or otherwise.

19.9 The contractor shall ensure that no materials/wastes/plant, equipment etc. are dumped at the site.
In case any of the above items are dumped, the contractor shall clear the same from the site by
or before completion of the work at his own cost or otherwise NSIC shall clear the same work
at the contractor’s risk and costafterserving7 days’ notice.

19.10 The contractor will have to make their own arrangement for facilitating movement of labour to
work site and back. Facilities are to be provided to labourers as per statutory provision and the
same shall not entail or attract any extra cost to NSIC.

18
20. Safety Code:
20.1 The Contractor shall at his own expense arrange for the safety provisions as appended to these
conditions or as required by the Engineer-in-Charge, in respect of all labour directly or indirectly
employed for performance of the works and shall provide all facilities in connection there with.
In case the Contractor fails to make arrangements and provide necessary facilities as a foresaid
the Engineer-in-Charge shall be entitled to do so and recover cost thereof from the Contractor.

20.2 The contractor shall provide and maintain at his own expenses guards, fencing and hatching
when and where necessary or required by the Engineer-in-Charge for the protection of the works
or for the safety and convenience of those employed on the works or the public.

20.3 The corporation shall not be liable for any accident, injury or for any other mishap caused to
him/them/their employees/agents and labour employed by the contractor and for any kind of
damage to the works during the execution of the contract or work done. For any kind of such
injury or loss caused to any person/persons mentioned herein above or damages to the work, the
contractor shall be exclusively liable.

21. Cancellation/Termination of Contract in Full or in Part:

21.1 If the Contractor:

a. At any time makes defaults in proceeding with the Works with due negligence and continues to
do so even after a notice in writing of 7 days from the Engineer-in-Charge or

b. Commits default in complying with any of the terms and conditions of Contract and does not
remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to
him in that behalf by the Engineer-in-Charge; or

c. Fails to complete the works or items of work on or before the date(s) of completion, and does not
complete them within the period specified in a notice given in writing in that behalf by the
Engineer-in-Charge; or

d. Enters into a contract with the Corporation in connection with which commission has been paid
to any person(s) or agreed to be paid by him or to his knowledge, unless the particulars of any
such commission and the term of payment have previously been disclosed in writing to the
Accepting Authority/Engineer-in-Charge; or

e. Offers or gives or agrees to give to any person in Corporation’s service or to any other person on
his behalf any gift or consideration of any kind as an inducement or reward for doing or for
bearing to do or having done any act in relation to the abstention or execution of this or any other
Contract for the Corporation or

f. Obtains a Contract with the Corporation as a result of ring tendering or other non-bonafide
methods of competitive tendering; or

g. Being an individual or any of its partner (in case of the Contractor is a partnership firm)at anytime
is adjudged insolvent or have a receiving order or order for administration of his estate made
against him or shall take any proceedings for liquidation or composition (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction) under any insolvency Act for the
time being in force or make any conveyance or assignment of his affective or composition or
arrangement of the benefit of his creditors or purport so to do, or if any

19
 Application be make under any in solvency Act for the time being in force for these quest ration
of his estate or if a trust deed be executed by him for benefit of his creditors; or

h. Being a company, passes a resolution or the Court makes an order for liquidation of its affairs, or
a receiver or manager on behalf of the debenture holders is appointed or circumstances shall arise
which entitle the Court or debenture holders to appoint a receiver or manager; or

i. Assigns, transfers sublets (engagement of labour on a piece-work basis or of labour with materials
not be incorporated in the work shall not be deemed to be subletting) or attempts or assign, transfer
or sublet the entire works or any portion thereof without the prior written approval of the
Accepting Authority.

21.2 The Competent Authority may, without prejudice to any other right or remedy which shall have
accrued or shall accrue thereafter to the Corporation by written notice cancel/ terminate the
contract as a whole or in part as it may deem appropriate.

21.3 The Competent Authority shall on such cancellation/termination, been titled to:

a. Take possession of the site and any materials, construction plant, implements, stores, etc.,
there on; and/or
b. Carryout the incomplete work by any means at the risk and cost of the Contractor.

21.4 On cancellation/ termination of the Contract, in full or in part, the Accepting Authority shall
determine the quantum of amount, if any, recoverable from the Contractor for completion of
Works or part of the works or in case the works or part of the works is not completed, the loss or
damage suffered by the Corporation. In determining the amount credit shall be given to the
Contractor for the value of the work, if any, executed by him up to the time of cancellation of the
contract, the value of contractors material taken over and incorporated in the work and use of
tools & tackle and machinery belonging to the Contractor.

21.5 Any excess expenditure incurred or to be incurred by the Corporation in completing the Works
or part of the Works or the excess loss or damages suffered or may be suffered by the Corporation
as aforesaid after allowing such credit shall be recovered from any money due to the Contractor
or any account, and if such money is not sufficient the Contractor shall be called upon in writing
to pay the same within 30 days.

21.6 If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all of the Contractor’s unused materials,
constructional plant, implements, temporary buildings, etc. and apply the proceeds of sale
thereof towards the satisfaction of any sums due form the Contractor under the contract and if
there after there be any balance outstanding from the Contractor, it shall be recovered in
accordance with the provisions of the Contract.

21.7 Any sums in excess of the amounts due to the Corporation on unsold materials, constructional
plant, etc. shall be returned to the Contractor, provided always that if cost or anticipated cost of
the completion by the Corporation of the works or part of the works is less than the amount
which the Contractor would have been paid had he completed the works or part of the works
such benefit shall not accrue to the Contractor.

22. Liability for Damage, Defects or Imperfections and Rectification thereof:

22.1 If the Contract or his workmen or employees shall injure or destroy any part of the building in
which they may be working or any building, road, fence etc, continuous to the premises on

20
 which the work or any part of it is being executed, or if any damage shall happen to the work
while in progress the Contractor shall upon receipt of a notice in writing from Engineer – in-
charge in that behalf, make the same good at his own expense. If it shall appear to the Engineer-
in-Charge or his Representative at any time during construction or re-construction or prior to the
expiration of Defects Liability Period, that any work has been executed with unsound, imperfect
or unskilled workmanship or that any materials or articles provided by the Contractor, the
contractor shall, upon receipt of a notice in writing in that behalf from the Engineer-in-Charge,
forth with rectify or remove and reconstruct the work so specified in whole or in part, as the case
may require or as the case may be, and/or remove the materials or articles at his own expense,
notwithstanding that same may have been inadvertently passed, certified and paid for and in the
event of non-compliance his notice aforesaid, the Engineer-in-Charge may rectify or remove and
re-execute the work and/or remove and replace with others the materials or articles complained
of as the case may be, by other means at the risk and expense of the Contractor.

22.2 In case of repairs and maintenance works, splashes and dropping from white washing, painting
etc. shall be removed and surfaces cleaned simultaneously with completion of these items of
work in individual rooms, quarters or premises etc. where the work is done, without waiting for
completion of all other items of work in the contract. In case the Contractor fails to comply with
the requirements of this condition, the Engineer-in-Charge shall have the right to get the work
done by other means at the cost of the Contractor. Before taking such action, however, the
Engineer-in-Charge shall give three days’ notice in writing to the Contractor.

23. Urgent Works:

If any Urgent work (in respect whereof the decision of the Engineer-in-Charge shall be final and
binding) becomes necessary and Contractor is unable or unwilling at once to carry it out, the
Engineer-in-Charge may by his own or other workpeople carry it out, as he may consider
necessary. If the urgent work shall be such as the Contractor is liable under the contract to carry
out at his expenses incurred on it by the Corporation shall be recoverable from the Contractor
and be adjusted or set off against any sum payable to him.

24. PAYMENTS:

24.1 Payment shall be released as per the quantum of work executed in accordance to the instruction
and tender drawings issued to the contractor. Any work executed by the contractor in violation
to the tender specifications, drawings and direction of Engineer incharge shall constitute breach
of agreement and shall not qualify for the measurement and payment. The measurement shall be
jointly recorded by the contractor and representative of NSIC. If Contractor intends to submit
interim R.A Bills these should not be less than Rs 4.00 Lakh (excluding GST) value of work
executed. All other statutory deductions and Security deposit as applicable shall be effected from
each running bills.

24.2 No escalation will be paid even in extended period, if any.

24.3 All statutory deductions as applicable like TDS, and other taxes as applicable shall be made from
the due payment of the contractor.

25. MOBILISATION ADVANCE:

No mobilization advance whatsoever shall be paid for carrying out this work.

21
26. ARBITRATION:-

26.1 All questions and disputes relating to the meaning of the words, terms, specifications,
operations, and instructions, mentioned in this contract and as to the quality of
workmanship or performance of the contractor any other question, claim, right, matter, or
thing whatsoever in any way arising out of or relating to the contract, specifications,
operating instructions, orders or these conditions or otherwise concerning the performance
of the contract, the execution or failure to execute the same whether arising during
the existence of the contract or after the termination of the contract, the same shall
be referred to the sole arbitrator to be appointed by the Chairman-Cum-Managing Director of
the Corporation.

26.2 The Arbitrator shall have power to call for such evidence by way of affidavits or
otherwise as he thinks proper and it shall be the duty of the parties here to do or cause
to be done, all such things as may be necessary to enable the Arbitrator or to make the award
without any delay. The Arbitrator shall give a separate award in respect of each
dispute or difference referred to him. The venue of arbitration shall be at Mumbai. The
Award of the Arbitrator shall be final, conclusive and binding on all parties to the contract.

26.3 The law under the Arbitration and Conciliation Act, 1996 as amended by the
Arbitration and Conciliation (Amendment) Act 2015 shall be applicable to such proceedings.

The cost of arbitration shall be borne by the parties to the dispute, as may be decided by the
arbitrator(s).

26.4 The Courts in the city of Mumbai shall have the exclusive jurisdiction to entertain any
application or other proceedings in respect of any disputes arising under this agreement and any
award or awards made by the Arbitrator here-in-before can be challenged in the concerned
Courts in the aforesaid city only.

Sr. Branch Manager

The National Small Industries Corporation Limited (NSIC),
Branch Office: Navi Mumbai

SIGNATURE OF THE CONTRACTOR

22
 FORM OF TENDER – CUM - BID SECURITY DECLARATION

To
Sr. Branch Manager,
The National Small Industries Corporation Limited (NSIC)
P/104, TTC Industrial Area, Khairane MIDC, Koparkhairane
Navi Mumbai- 400710

I/We have read and examined the following documents relating to……………………………
………………………………
(Name of the Work)

(a) Notice inviting tender.

(b) Instructions to Tenderers
(c) Technical Specifications
(d) General Conditions of Contract including Contractors, Labour Regulations, and Model Rules
for Labour Welfare and Safety Code appended to these conditions together with the
amendments there to If any.
(e) Special Conditions of contracts if any.
(f) Schedule of Quantities/Price Bid
(g) Corrigendum/Addendum, if any

I/We hereby tender for execution of the works referred to in the aforesaid documents upon the terms
and conditions contained or referred to there in and in accordance in all respects with the specifications,
designs, tender drawings and other relevant details at the rates contained in Schedule and within the
period(s) of completion as stipulated in Appendix.

In consideration of I/We being invited to tender, I/We agree to keep the tender open for acceptance for
120 days from the due date of submission thereof and not to make any modifications in its terms and
conditions which are not acceptable to the Corporation.

A sum of Rs. 24,215/- is hereby forwarded as Earnest Money Deposit in the form of Demand Draft
in favour of “The National Small Industries Corp Ltd.” payable at Mumbai.

If I/We withdraw or modify the tender during the period of validity as mentioned above, or if I/We are
awarded the contract and I/We fail to sign the contract, or to submit a performance security before the
deadline defined in the tender document (unless the said deadline is extended by the Corporation), the
Corporation shall be at liberty to reject our tender/cancel the contract and debar us from participating in
any tender for a period of three years.

Should this tender be accepted, I /We agree to abide by & fulfill all the terms conditions of aforesaid
document.

If after the tender is accepted, I/we fail to commence the execution of the work as provided in the
conditions. I/We agree that Corporation shall without prejudice to any other right or remedy is at liberty
to forfeit the said earnest money absolutely and reject the tender.

Signature of bidder………………………
Duly authorized to sign the tender
Dated………………………
Witness……………………
Date……………………….
Address……………………
23
 APPENDIX

1. Competent Authority : C.M.D. NSIC or his

Authorized executives

2. Earnest money/Security deposit

a) Estimated cost of the Works; Rs. 12,10,763/- (without GST)

b) Earnest money: Rs. 24,215/-

c) Performance Security: 3%

d) Security Deposit 5%

3. Time allowed for execution of work 90 days

4. Authority competent to decide if CMD, NSIC or his

“Any other cause” of delay is beyond authorized representative
contractor’s control

5. Liquidated Damaged 0.5% (one half of one percent) per week subject
To a Maximum 10% value of the contract

6. Defect Liability Period 12 months from the date of

Completion of work in all respect

7. Authority competent to reduce CMD NSIC or his

compensation authorized executive.

24
 SPECIAL CONDITIONS
1. During working at site, some restrictions may be imposed by Engineer-in-Charge/Security staff of
Corporation or Local Authorities regarding safety and security etc., the contractor shall be bound
to follow all such restrictions/instruction & nothing extra shall be payable on this account.

2. No compensation shall be payable to the contractor for any damage caused by rains lightening,
wind, storm, floods Tornado, earth quakes or other natural calamities during the execution of work.
He shall make good all such damages at his own cost; and no claim on this account will be
entertained.
3. No labour hutment shall be allowed in the premises. All labourers should leave the site after day’s
work. The security & Watch ward for safeguarding the contractor’s materials/work etc. shall be
arranged at his cost only.
4. All rates quoted by the bidders shall remain firm for the contract period/extended contract period.

5. If the contractor fails to proceed with the work within the stipulated time as specified from the date
of issue of letter of intent/letter to proceed with the work, the Corporation shall reject the award of
the work and the contractor shall be debarred from participating in any tender invited by the
Corporation for a period of three years.
6. Execution of Work at Risk & Cost of Contractor:
The balance work, if any, left to be completed after the determination/ cancellation of the contract
as per clause no. 21 of the ‘General Conditions of Contract’ shall be got executed by the
Corporation as stipulated in the said clause at the risk and cost of the contractor and the additional
expenditure, if any, incurred by the Corporation in getting the work executed in the manner stated
above, the same shall be recovered from the dues of contractor. In case the dues of the contractor
are not sufficient, the contractor shall be liable to deposit the excess amount incurred by the
Corporation as communicated by the Engineer-in-charge within 30 days of written notice.
7. The work shall be executed in accordance with the latest CPWD/IS/ Manufacturer specification
mentioned in the Schedule of quantity and in case of any discrepancy, the CPWD/ IS/Manufacturer
specifications, as applicable with latest amendments if any, shall be followed. The decision of the
Engineer-In-Charge in this regard shall be final and binding upon the contractor.

8. The materials used for carrying out the work shall be of best available quality and the contractor
has to carry out the necessary testing as per CPWD/IS specification for its conformity with
specifications and all testing charges shall be borne by the contractor.

9. All the civil works, if required, like fixing of load hooks, making chases in the wall, drilling of
holes, fixing of doors and finishing of jambs, providing scaffolding for carrying out complete
works shall be arranged by the contractor and making good the damages. Nothing extra on these
account shall be considered or paid.

10. The debris/ scrap generated during the course of execution of work shall be safely disposed of by
the contractor outside the NSIC, Branch Office: Navi Mumbai complex or as directed by the
Engineer-In-Charge. Nothing extra shall be paid on account of lead, transportation, loading,
unloading charges etc. to the contractor on this account.

25
11. The contractor shall be fully responsible for the any injury or damage caused to the workmen
deployed by him at site for carrying out the work and Corporation has nothing to do with such
happenings and in no way shall be held responsible for the same.

12. The tenderer shall quote their rates exclusive of GST. GST shall be released separately on
submission of documentary proof of remittance of the same.

13. The bidder should note that similar items appear at more than one place in the Schedule of
Quantities (Price Bid) and hence bidder should quote rates for each item carefully. In case of any
mismatch in the rates quoted for same item, the lower of the rates quoted for the same item in any
section shall be considered for evaluation.

14. The materials used for carrying out the work shall be the ones being followed by CPWD/other
PSUs and wherever applicable as approved by Engineer-in-charge. However, chemical to be used
for waterproofing and retro-fitting works shall be preferably of Sika, Dr. Fixit, Fosroc, BASF
make, as approved by Engineer-in-charge.

15. Rates quoted by the bidder shall be inclusive of all materials, labour, transportation, loading-
unloading, taxes, duties, insurance, POL etc. required for completion of finish item of work in all
respect and nothing extra on any account, whatsoever, except quoted rate for the item shall be
considered for payment.

16. Water & electricity, if required, shall be made available at site by NSIC for execution of work
without any cost. However, the contractor shall make the necessary arrangement for extension
of water/power connection to the work site from the designated points, as per his requirement.

17. The work shall be carried out in the NSIC Office building at TTC Industrial Area, MIDC
Khairane, Koparkhairane where NSIC Branch Office is already functioning and hence,
contractor shall ensure that work executed in co-ordination with NSIC branch office so as to
avoid any inconvenience/disturbance during office working. Also, all necessary safety
precaution is taken by the contractor to ensure that no untoward incident caused to the NSIC
employees working in the said office building.

18. The water proofing of terrace shall be carried out by the contractor, through the authorized
applicator of water proofing company of which chemical is used for carrying out water proofing
work of the building. The contractor shall submit necessary valid supporting documents for
execution of water proofing work through the authorized agency of water proofing manufacturer.
Similarly, retro-fitting of structural members like columns etc. shall be carried out by the
contractor through authorized applicator of the company of which chemical is used for carrying
out the retro fitting. Necessary valid supporting documents for execution of retro fitting work
through the authorized applicator shall also be submitted to NSIC.

19. Contractor shall submit Guarantee Bond as per CPWD proforma, for a period of five years from
the date of completion of work in respect of water proofing work carried out by the contractor.
The contractor shall be liable to carry out water proofing repairing work, if any, arised during
the warrantee period, free of cost.

20. All communication should be addressed to Sr. Branch Manager, The National Small Industries
Corporation Limited (NSIC), Branch Office Navi Mumbai, P/104, TTC Industrial Area, Khairane MIDC,
Koparkhairane, Navi Mumbai-400710.

Signature of bidder

26
INDICATIVE DRAWING

27
 Bill of Quantity (Price bid) for Repair and maintenance of Office Building at NSIC, Navi Mumbai
Rate (Rs.)
Amount
Sl No DSR No Description Qty Unit In
In Word (Rs)
figure
Sub Head - 1: WATERPROOFING
Grading roof for water proofing treatment
1.1 22.14
with
Cement concrete 1:2:4 (1 cement : 2 coarse
1.1.1 22.14.1 sand :4 graded stone aggregate 20mm 23.64 cum
nominal size)
Providing and applying fibre reinforced
elastomeric liquid water proofing
membrane with resilient acrylic polymers
having Sun Reflectivity Index (SRI) of 105 on
top of concrete roof in three coats @10.76
litre/ 10 sqm. One coat of self-priming of
elastomeric waterproofing liquid (dilution
with water in the ratio of 3:1) and two coats
1.2 22.22A 431.21 sqm
of undiluted elastomeric waterproofing
liquid (dry film thickness of complete
application/system not less than 500
microns). The operation shall be carried out
after scrapping and properly cleaning the
surface to remove loose particles with wire
brushes, complete in all respect as per the
direction of Engineer-in-Charge.
Sub Head - 2: FINISHING
2.1 13.6 20 mm cement plaster of mix :
2.1.1 13.6.1 1:4 (1 cement: 4 coarse sand) 267.47 sqm
2.2 13.1 12 mm cement plaster of mix :
2.2.1 13.1.1 1:4 (1 cement: 4 fine sand) 70.00 sqm
per
bag
Extra for providing and mixing water
of
proofing material in cement plaster work in
2.2 13.21 195.99 50
proportion recommended by the
kg
manufacturers.
cem
ent
Finishing walls with Premium Acrylic
2.3 13.47Smooth exterior paint with Silicone
additives of required shade:
New work (Two or more coats applied @
1.43 ltr/ 10 sqm over and including priming
2.3.1 13.47.1 632.43 sqm
coat of exterior primer applied @ 2.20 kg/
10 sqm)
Wall painting with acrylic emulsion paint of
2.4 13.60 approved brand and manufacture to give an
even shade:
2.4.1 13.60.1 Two or more coats on new work 1100.00 sqm
Painting with synthetic enamel paint of
2.5 13.61 approved brand and manufacture to give an
even shade:
2.5.1 13.61.1 Two or more coats on new work 194.00 sqm
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 Providing and applying white cement based
putty of average thickness 1 mm, of
2.6 13.80 approved brand and manufacturer, over the 1100.00 sqm
plastered wall surface to prepare the
surface even and smooth complete.
Removing dry or oil bound distemper, water
proofing cement paint and the like by
2.7 13.91 scrapping, sand papering and preparing the 1100.00 sqm
surface smooth including necessary repairs
to scratches etc. complete.
Sub Head - 3: DISMANTLING AND
DEMOLISHING
Demolishing cement concrete manually/ by
mechanical means including disposal of
3.1 15.2
material within 50 metres lead as per
direction of Engineer - in - charge.
Nominal concrete 1:3:6 or richer mix (i/c
3.1.1 15.2.1 15.76 cum
equivalent design mix)
Dismantling old plaster or skirting raking out
joints and cleaning the
3.2 15.56 surface for plaster including disposal of 282.47 sqm
rubbish to the dumping ground within 50
metres lead.
Sub Head - 4: NEW TECHNOLOGIES AND
MATERIALS
Chipping of unsound/weak concrete
material from slabs, beams, columns etc.
with manual Chisel and/ or by standard
power driven percussion type or of
approved make including tapering of all
4.1 26.28 edges, making square shoulders of cavities
including cleaning the exposed concrete
surface and reinforcement with wire
brushes etc. and disposal of debris for all
lead and lifts all complete as per direction of
Engineer-In-Charge
4.1.1 26.28.1 75mm average thickness 20.00 sqm
4.1.2 26.28.2 50mm average thickness 55.00 sqm
Cleaning of reinforcement from rust from
the reinforcing bars to giveit a total rust free
steel surface by using alkaline chemical rust
remover of approved make with paint brush
4.2 26.29 and removing loose particles after 24 hours
of its application with wire brush and
thoroughly washing with water and
allowing it to dry, all complete as per
direction of Engineer-In-Charge.
4.2.1 26.29.1 Bars upto 12 mm diameter 165.00 rmt
4.2.2 26.29.2 Bars above 12 mm diameter 350.00 rmt
Providing, mixing and applying bonding coat
of approved adhesive
4.3 26.31 on chipped portion of RCC as per
specifications and direction of
Engineer-In-charge complete in all respect.
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4.3.1 SBR Polymer (@10% of cement weight)
modified cementitious bond coat @ 2.2 kg
26.31.1 cement per sqm of surface area mixed with 370.24 sqm
specified proportion of approved
polymer
Sub Head - 5: DISPOSAL OF DEBRIS /
MALBA
5.1 Disposal of moorum/building rubbish/
malba/ similar unserviceable, dismantled or
waste material by mechanical transport
1.1.18 including loading, transporting, unloading 15.76 cum
to approved municipal dumping ground for
lead upto 10 km for all lifts, complete as per
directions of Engineer-in-charge.
Sub Head - 6: CONSERVATION OF
HERITAGE BUILDINGS
6.1 Providing and fixing double scaffolding
system (cup lock type) on the exterior side
of building/structure, upto 25 metre height,
above ground level, including additional
rows of scaffolding in stepped manner as
per requirement of site, made with 40mm
dia M.S. tube, placed 1.5 metre centre to
centre, horizontal & vertical tubes joint with
cup & lock system with M.S. Tubes, M.S.
tube challis, M.S. clamps and staircase
24.2 system in the scaffolding for working 50 sqm
platform etc. and maintaining it in a
serviceable condition for execution of work
of cleaning and/ or pointing and/ or
applying chemical and removing it runners,
connecting with the building etc, wherever
required, if feasible, for inspection of work
at required locations with essential safety
features for the workmen etc., complete as
per directions and approval of Engineer-in-
charge.
Sub Head - 7: CONCRETE WORK
7.1 Centering and shuttering including
4.3 strutting, propping etc. and removal of form
work for :
7.1.1 Columns, piers, abutments, pillars, posts
4.3.3 and struts (for repair of columns with micro 20.00 sqm
concrete)
Sub Head - 8: NON-SCHEDULE ITEMS
8.1 Providing and applying anticorrosive
coating to the exposed reinforcing bars
after application of rust remover. Also
MR apply on the shear connectors/welded 515 rmt
mesh/additional reinforcement of
repair surface etc complete as directed
by Engineer in-charge.

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8.2 Providing and applying single component
ready to use structural grade Polymer
Mortar on prepared concrete surface for
MR 50mm average thickness in 3 layers as 55 sqm
directed by Engineer-in-charge. The cured
mortar shall achieve a compressive strength
of 45 Mpa at 28 days.
8.3 Providing and filling of cracks in
internal/external walls with acrylic paste
approved by opening of all cracks in "V"
groove, cleaning the surface to remove any
dirt or loose particle and widening the
MR cracks atleast 2 to 6 mm wide and 5 to 70.00 rmt
10mm deep and applying with a putty blade
/ spatulla effectively making sure that the
crack is totally filled up tooling the surface
to obtain an even smooth and unbroken
surface as directed by Engineer-in-charge.
8.4 Providing and laying Free flow, shrinkage
compensated, high strength micro concrete
wherever required over bonding coat
having for confining the concrete elements
approved by Engineer-in-charge for pouring
MR 500.00 kg
the concrete in shuttering mould excluding
the cost of bonding coat, reinforcement,
shear key, centering and shuttering. and
complete finishing up to 1st floor level as
directed by Engineer-in-charge.
Grand Total
GST as applicable shall be extra

Total amount in words-Rupees

(excluding GST).

GST applicable shall be extra, as per tender conditions.

Signature of tenderer with seal

31