SBD 102
SBD 102
SBD 102
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STANDARD BIDDING DOCUMENT
PROCUREMENT OF
CIVIL WORKS
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INVITATION FOR BID
(IFB)
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e-Procurement Cell
JHARKHAND STATE BUILDING CONSTRUCTION CORPORATION LTD., RANCHI
Short Term e-Procurement Notice
Date- 05-09-2022
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JHARKHAND STATE BUILDING CONSTRUCTION CORPORATION LTD., RANCHI
The undersigned, on behalf of the JSBCCL invites item rate bids for the work mentioned in table
below through e-Procurement from eligible and approved Contractors, registered in appropriate class with
Building Construction Department, Government of Jharkhand. Those contractors who are not registered
with Building Construction Department, Government of Jharkhand are also permitted to take part in
tender process. In such case the Contractor should be registered in any State Government/ Central
Government/Public Sector Unit/undertaking in appropriate class in Building Construction. However such
Contractors in the event of award of work will perforce have to get registered with Building Construction
Department, Government of Jharkhand within a period of (3) Three Months from date of Award of
Contract. The bid shall be submitted online in the Website http://jharkhandtenders.gov.in. The bidder(s)
should have necessary portal enrolment with their own Digital Signature Certificate:
Sl. Name of the work Approximate Bid Cost of Period of
No. value of work Security* Document Completion
(Rs.) (Rs.) (Rs)
1 2 3 4 5 6
1. Construction of 100
Bedded Prefabricated field
Hospital at Ranchi,
Ramgarh, East 43,85,94,880/- 43,86,000/- 10,000/- 06 Months
Singhbhum, Koderma,
Lohardaga and
Hazaribagh District.
2. Period of availability of tenders online/date & time of bidding on-line / last date of seeking
clarification/date of opening of tender papers are as given below –
Sl. Procurement Place of Opening Availability of tender on-line Date & Time of
No. Officer for bidding opening of
technical bid
From To
1 2 3 4 5 6
1 Nodal e-Procurement Cell, 19.09.2022 06.10.2022 10.10.2022
Officer Jharkhand State Building 11.00 A.M. 05.00 P.M. 12.00 P.M.
Construction Corporation
Ltd., Beside Jharkhand
Mantralaya Dhurwa,
Ranchi-834004.
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3. Cost of bidding document for a non-refundable fee as indicated shall be in the form of Demand
Draft of any Scheduled Indian Bank, payable at Ranchi in favour of Jharkhand State Building
Construction Corporation Ltd., Ranchi.
4. Bids must be accompanied by Security amount specified for the work in the table, payable
atRanchi and drawn in favour of Jharkhand State Building Construction Corporation Ltd.,
Ranchi Bid security will have to be in anyone of the forms as specified in the bidding document
and shall have to be valid for 45 days beyond the validity of the bid.
5. Cost of bidding document and Bid Security shall be deposited in the office of the Nodal Officer,
e-Procurement Cell, Jharkhand State Building Construction Corporation Ltd., Ranchi on all
working days between 19.09.2022 to 10.10.2022 up to 11.30 A.M. either by registered post
/Speed post or by hand. Only those applications will be entertained whose cost of bidding
document and bid security is received before 11.30 A.M. on 10.10.2022. The Nodal Officer, e-
Procurement Cell will not be held responsible for the postal delay, if any, in the delivery of the
document or non-receipt of the same.
6. Tenderer(s) shall upload Scanned copy in PDF format/Digitally Signed copy of his/her Valid DD,
Bid Security, Credit Facility, TIN, PAN, Five Years Audited Turnover, ( Unique Document
Identification Number (UDIN) has been made mandatory by ICAI from 1st July 2019 for all
audit/Assurance/Attest Function. Hence Audited Turnover and Balance sheet containing UDIN no
from Financial year 2019-20 is mandatory for bidders. Audited Turnover Summary must contain
UDIN No.) Character Certificate, Work Experience, Partnership Deed or Article of Association /
Memorandum , Undertakings, Affidavits, E.P.F., GST, ……….etc.
7. Bids shall be submitted online on the website http://jharkhandtenders.gov.in.
8. Uploaded documents of successful bidder will be verified with the original before signing the
agreement. The successful bidder has to provide the originals to the concerned authority on receipt
of such a letter, which will be sent though registered post or speed post or delivered by hand.
9. Bidders in order to participate in the bidding process have to get ‘Digital Signature Certificate
(DSC)’ as per Information Technology Act-2000 to participate in online bidding. This certificate
will be required for digitally signing the bid. Bidders can get the above mentioned digital
Signature certificate from any approved vendors (CCA). Bidders, who already possess valid
Digital Certificates, need not procure new Digital Certificate.
10. Bidders have to submit their bids online in electronic format with Digital Signature. Bids without
Digital Signature will not be accepted. No proposal will be accepted in Physical Form.
11. A pre-bid meeting will be held on ................at................hrs. in the office of..........................to
clarify the issues and to answer questions on any matter that may be raised at that stage as stated
in Clause 9.2 of the ‘Instructions to Bidders’ of the bidding document.**
12. Other details can be seen in the bidding documents.
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Section 1: Instructions to Bidders
Table of Clauses
Page No. Page No.
A. General D. Submission of Bids
1. Scope of Bid 10 19. Sealing and Marking of Bids 20
2. Source of Funds 10 20. Deadline for Submission of Bids 22
3. Eligible Bidders 10 21. Late Bids 22
4. Qualification of the Bidder 10 22. Modification and Withdrawal of Bids 22
5. One Bid per Bidder 16
6. Cost of Bidding 16
7. Site Visit 16
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A. GENERAL
1. Scope of Bid
1.1 The Employer (named in appendix to ITB) invites bids for the construction of works (as defined
in these documents and referred to as “the works”) detailed in the table given in IFB. The bidders
may submit bids for any or all of the works detailed in the table given in IFB.
1.2 The successful bidder will be expected to complete the works by the intended completion date
specified in the Contract data.
1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives (bidder/
tenderer, bid/tender, bidding/tendering, etc.) are synonymous.
2. Source of Funds
The expenditure on this project will be met from the budget of Govt. of Jharkhand.
Eligible Bidders
3.1. This invitation for Bids is open to all bidders.
3.2. All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a statement that
the Bidder is neither associated, nor has been associated, directly or indirectly, with the Consultant
or any other entity that has prepared the design, specifications and other documents for the Project
or being proposed as Project Manager for the Contract. A firm that has been engaged by the
Employer to provide consulting services for the preparation or supervision of the works, and any of
its affiliates, shall not be eligible to bid.
4. Qualification of the Bidder
4.1. All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a preliminary
description of the proposed work method and schedule, including drawings and charts, as
necessary. The proposed methodology should include programme of construction backed with
equipment planning and deployment duly supported with broad calculations and quality assurance
procedures proposed to be adopted justifying their capability of execution and completion of work
as per technical specifications, within stipulated period of completion.
4.2 * In the event that Pre-qualification of potential bidders has been undertaken, only bids from
pre-qualified bidders will be considered for award of Contract. These qualified bidders should
submit with their bids any information updating their original prequalification applications or
alternatively, confirm in their bids that the originally submitted prequalification information
remains essentially correct as of date of bid submission. The update or confirmation should be
provided in section 2. A copy of the original prequalification application and the letter of
prequalification should also be furnished. With the updated information, the bidder must continue
to be qualified in accordance with the criteria laid down in the prequalification document. All
bidders shall also furnish the following information in Section 2.
_________________________________________________________________________
* Delete , if Post-qualification is to be carried out.
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(i) Evidence of access to or availability of credit facilities (minimum 20% of Estimated Cost) certified
by the bankers.
(ii) Undertaking that bidder would be able to invest a minimum of cost upto 25% of the contract value
of work, during implementation of contract.
(iii) Proposals, if any, for subcontracting of elements of work, costing more than 10% of the bid amount.
(iv) Power of attorney.
4.3* If the Employer has not undertaken prequalification of potential bidders, all bidders shall include
the following information and documents with their bids in Section 2:
(a) copies of original documents defining the constitution or legal status, place of registration, and
principal place of business; written power of attorney of the signatory of the Bid to commit the
Bidder;
(b) total monetary value of construction work performed for each of the last five years.
(c) experience in works of a similar nature and size for each of the last five years, and details of works
underway or contractually committed; and clients who may be contacted for further information on
these contracts;
(d) major items of construction equipment proposed to carry out the Contract;
(e) qualifications and experience of key site management and technical personal proposed for Contract;
(f) reports on the financial standing of the Bidder, such as profit and loss statements and auditor’s
reports for the past five years;
(g) evidence of access to line (s) of credit and availability of other financial resources facilities (10% of
contract value), certified by the Bankers(not more than 3 months old)
(h) Undertaking that the bidder will be able to invest a minimum cash upto 25% of contract value of
work, during implementation of work.
(j) information regarding any litigation, current or during the last five years, in which the Bidder is
involved, the parties concerned, and disputed amount;
___________________________________________________________________________
* Delete , if pre-qualification is to be carried out.
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(k) proposals for subcontracting components of the works amounting to more than 10 percent of the
Bid Price(for each, the qualifications and experience of the identified sub-contractor in the relevant
field should be annexed); and for all specialized nature of work & new engineering
methodology work irrespective of the amount.
(l) the proposed methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones (for all contracts over
Rs.2.5 Crore).
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** To be deleted for projects costing less than Rs 50 Crores
(b) The Lead partner shall meet the following qualifying criteria in proportion to the
partnership in JV but not less than 50%.
(i) Annual Turnover. (Cl. 4.5 (A) (a) of ITB)
(ii) Particular Construction Experience. (Cl. 4.5 (A) (b) of ITB)
(iii) Financial Capabilities. [Cl. 4.3 (g) & 4.3 (h) of ITB]
(c) Other partner shall meet the following qualifying criteria in proportion to the partnership in
JV but not less than 25%.
(i) Annual Turnover. (Cl. 4.5 (A) (a) of ITB)
(ii) Particular Construction Experience. (Cl. 4.5 (A) (b) of ITB)
(iii) Financial Capabilities. [Cl. 4.3 (g) & 4.3 (h) of ITB]
4.4.5 A copy of the Joint Venture Agreement (JVA) entered into the between the partner
shall be submitted with the application. Alternatively, a letter of Intent to execute a JVA in
the event of successful Bid shall be signed by all partner(s) and submitted with the
application together with a copy of the proposed agreement. The JVA shall include among
other things a Joint Venture’s objectives and proposed management structure, the
contribution of each partner to the Joint Venture operation, the commitment of the partner
to Joint Venture in the event of the default or withdrawal of any partner an arrangement for
providing the required indemnities:
(i) Stepping into the shoes of the existing partner(s) of JV with all liabilities of the existing
partners from the beginning of the contract.
(ii) With the prior approval of the employer.
(iii) Notwithstanding demarcation or allotment of work between two JV partner(s), JV shall be
liable for non-performance of the whole contract irrespective of their demarcation or shared
of work.
In case of successful Bid being accepted by employer the payments under the contract will
only be made to the JV not to the individual partner(s).
4.4.6 Joint Venture Agreement shall contain a Clause to the effect that their shall be a
separate JV Bank Account (distinct from the Bank Account of the individual partners) to
which the individual partner shall contribute their share / or working capital.
Joint Venture Agreement shall also contain a Clause to the effect that the financial
obligations of the JV shall be discharged through the said JV Bank Account only and also
all the payments received or paid by the employer by the JV shall be through that Account
alone.
Bids from pre-qualified firms or pre-qualified joint-ventures only will be acceptable**
4.5 A. To qualify for award of the contract, each bidder in its name must have in the last five years as
referred to in Appendix.
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(a) achieved a minimum annual financial turnover (in all classes of civil engineering construction
works only) amount indicated in Appendix in any one year (usually not less than one and a half
times the estimated cost of the project);
(b) satisfactorily completed (not less than 90% of contract value),as a prime contractor (or as a
nominated subcontractor, where the subcontract involved execution of all main items of work
described in the bid document, provided further that all other qualification criteria are satisfied) at
least :-
(I) for contract value upto 50 crores:-
(i) Three similar works each of value not less than Rs. 10,96,48,720.00 (50% of 50% of
estimated value of contract) or
(ii) Two similar works each of value not less than Rs. 13,15,78,464.00 (60% of 50% of
estimated value of contract) or
(iii) One similar work each of value not less than Rs. 19,73,67,696.00 (90% of 50% of
estimated value of contract) in the last five years);
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The bidders should, however, undertake their own studies and furnish with their bid, a
detailed construction planning and methodology supported with layout and necessary drawings and
calculations (detailed) as stated in clause 4.3(C) above to allow the employer to review their
proposals. The numbers, types and capacities of each plant/equipment shall be shown in the
proposals along with the cycle time for each operation for the given production capacity to match
the requirements.
(b) Availability for this work of personnel with adequate experience as required; as per Annexure-II.
(c) Liquid assets and/or availability of credit facilities of no less than amount indicated in Appendix
(credit lines/letter of credit/certificates from Banks for meeting the funds requirements etc.-usually
the equivalent of the estimated cash flow for 3 months in peak construction period.)
C. To qualify for a package of contracts made up of this and other contracts for which bids are
invited in the IFB, the bidder must demonstrate having experience and resources sufficient to meet
the aggregate of the qualifying criteria for the individual contracts.
4.6 Sub-contractors’ experience and resources shall not be taken into account in determining the
bidder’s compliance with the qualifying criteria except to the extent stated in 4.5(A) above.
4.7. Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as under:
Assessed Available Bid capacity = (A*N*2-B)
where
A = Maximum value of civil engineering works executed in any one year during the last five years
(updated to the price level of the year indicated in Appendix) taking into account the completed as
well as works in progress.
N = Number of years prescribed for completion of the works for which bids are invited.
B = Value (updated to the price level of the year indicated in Appendix) of existing commitments and
on-going works to be completed during the next 06/12 Years (period of completion of the works
for which bids are invited)
Note: The statements showing the value of existing commitments and on-going works as well as the
stipulated period of completion remaining for each of the works listed should be countersigned
by the Engineer in Charge/ Executive Engineer/Employer.
4.8. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if
they have :
- made misleading or false representations in the forms, statements and attachments in proof of the
qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the contract,
inordinate delays in completion, litigation history, or financial failures etc.; and/or
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- participated in the previous bidding for the same work and had quoted unreasonable bid prices(too
High or too Low) and could not furnish rational justification to the employer.
7. Site Visit
7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site
of Works and its surroundings and obtain 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.
B. BIDDING DOCUMENTS
8. Content of Bidding Documents
8.1. The set of bidding documents comprises the documents listed below and addenda issued in
accordance with Clause 10:
8.3. The bidder is expected to examine carefully all instructions, conditions of contract, contract data,
forms, terms, technical specifications, bill of quantities, forms, Annexes and drawings in the Bid
Document. Failure to comply with the requirements of Bid Documents shall be at the bidder’s
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own risk. Pursuant to clause 26 hereof, bids which are not substantially responsive to the
requirements of the Bid Documents shall be rejected.
9.2.1. In case of projects of more than 25 crores the bidder or his official representative is invited to
attend a pre-bid meeting which will take place at the address, venue, time and date as indicated in
appendix.
9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
9.2.3 The bidder is requested to submit any questions in writing or by cable (cable as defined in 9.1)
to reach the Employer not later than one week before the meeting.
9.2.4. Minutes of the meeting, including the text of the questions raised (without identifying the
source of enquiry) and the responses given will be transmitted without delay to all purchasers of
the bidding documents. Any modification of the bidding documents listed in sub-Clause 8.1
which 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 Clause 10 and not through the
minutes of the pre-bid meeting.
9.2.5. Non-attendance at the pre-bid meeting will not be a clause for disqualification of a bidder.
10. Amendment of Bidding Documents
10.1. Before the deadline for submission of bids, the Employer may modify the bidding documents by
issuing addenda.
10.2. Any addendum thus issued shall be part of the bidding documents and shall be communicated in
writing or by cable to all the purchasers of the bidding documents. Prospective bidders shall
acknowledged receipt of each addendum in writing or by cable to the Employer. The Employer
will assume no responsibility for postal delays.
10.3. To give prospective bidders reasonable time in which to take an addendum into account in
preparing their bids, the Employer may, at his discretion, extend as necessary the deadline for
submission of bids, in accordance with Sub-Clause 20.2 below.
C. PREPARATION OF BIDS
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12. Documents Comprising the Bid
The bid to be submitted by:
12.1. The bid shall be submitted by the bidder online as per instruction contained in addendum to ITB.
12.3. Following documents, which are not submitted with the bid, will be deemed to be part of the bid.
Section Particulars Volume No.
Invitation for Bids(IFB) Volume I
1 Instruction to Bidders
3 Conditions of Contract
4 Contract Data
5 Specifications Volume II
8 Drawings Volume IV
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Employer as non-responsive. In case of discrepancy in bid validity period between that given in
the undertaking pursuant to clause 12.1 (v) and the Form of Bid submitted by the bidder, the
latter shall be deemed to stand corrected in accordance with the former and the bidder has to
provide for any additional security that is required.
15.2. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request
that the bidders may extend the period of validity for a specified additional period. The request
and the bidders’ responses shall be made in writing or by cable. A bidder may refuse the request
without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid, but will be required to extend the validity of his bid security for a
period of the extension, and in compliance with Clause 16 in all respects.
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(ii) furnish the required Performance Security.
17. Alternative proposals by Bidders
17.1. Bidders shall submit offers that fully comply with the requirements of the bidding documents,
including the conditions of contract (including mobilization advance or time for completion),
basic technical design as indicated in the drawing and specifications. Conditional offer or
alternative offers will not be considered further in the process of tender evaluation.
19.1 Guidelines for online submission of bids can be downloaded from the website
http://jharkhandtenders.gov.in
19.2 Interested bidders can download the bid from the website http://jharkhandtenders.gov.in
19.3 Bidders in order to participate in the bidding process have to get ‘Digital Signature Certificate
(DSC)’ as per Information Technology Act-2000 to participate in online bidding. This
certificate will be required for digitally signing the bid. Bidders can get the above mentioned
digital signature certificate from any approved vendors (CCA). Bidders, who already possess
valid Digital Certificates, need not procure new Digital Certificate.
19.4 Bidders have to submit their bids online in electronic format with digital Signature. Bids
without digital signature will not be accepted. No proposal will be accepted in physical form.
19.5 Bids will be opened online as per time schedule mentioned in the Invitation for Bids (IFB).
19.6 Bidders should be ready with the scanned copies of cost of documents & bid security as
specified in the tender document. Before submission of bids online, bidders must ensure that
scanned copies of all the necessary documents have been attached with bid.
19.7 Bidders have to produce original Demand Draft towards cost of Bid Document & bid security
as mentioned in the Invitation for Bids (IFB) to the Nodal Officer, e-Procurement Cell during
the period & time as mentioned in the I.F.B. failing which bid will not be accepted. The details
of cost of documents, bid security specified in the tender documents should be the same as
submitted online (scanned copies), otherwise bid will summarily be rejected.
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19.8 Uploaded documents of successful bidder will be verified with the original before signing the
agreement. The successful bidder has to provide the originals to the concerned authority.
19.9 The department will not be responsible for delay in online submission of bids due to any
reason, what so ever.
19.10 All required information for bid must be filled and submitted online.
19.11 Other details can be seen in the bidding documents.
19.12 Only online withdrawal or modification of bids, if any, in pursuance of relevant clauses of the
SBD is acceptable.
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20.2. The Employer may extend the deadline for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all rights and obligations of the employer and the
bidders previously subject to the original deadline will then be subject to the new deadline.
21. Late Bids
21.1. Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned to
the bidder.
22. Modification and Withdrawal of Bids
22.1. Bidders may modify or withdraw their bids by giving notice in writing before the deadline
prescribed in Clause 20 or pursuant to Clause 23.
22.2. Bidders shall follow the Method of submission modification & withdrawal of bid as mentioned
in Instruction to Bidders( for SBD contract)
22.3. No bid may be modified after the deadline for submission of Bids except in pursuance of Clause
23.
22.4. Withdrawal or modification of a Bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in Clause 15.1 above or as extended
pursuant to clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause 16.
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E. BID OPENING AND EVALUATION
23. Bid Opening
23.1 The Employer will open all the Bids submitted online including modification made pursuant to
Clause 22, in the manner specified in Clause 20 and 23.3. In the event of the specified date of
Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed
time and location on the next working day. A notice for the same shall be posted on the website.
23.2. Withdrawn bids shall be opened and read out first. Bids for which an acceptable notice of
withdrawal has been submitted pursuant to clause 22 shall not be opened.
23.3 “Technical bid” shall be opened first. The amount, form and validity of the bid security furnished
with each bid will be announced. If the bid security furnished does not conform to the amount
and validity period as specified in the Invitation for Bid (ref. Column 4 and paragraph 3), and has
not been furnished in the form specified in Clause 16, the said bid shall not be opened/ processed
further.
23.4.(i) Subject to confirmation of the bid security by the issuing bank, the bids accompanied with valid
security will be taken up for evaluation with respect to the Qualification Information and other
information furnished in Part I of the bid pursuant to clause 12.1.
(ii) After receipt of confirmation of the bid security, the bidder will be asked in writing/e-mail
(usually within 10 days of opening of the Technical Bid) to clarify or modify his technical bid,
if necessary, with respect to any rectifiable defects.
(iii) The bidders will respond by e-mail in not more than 7 days of issue of the clarification letter,
which will also indicate the date, time and venue of opening of the Financial Bid (usually on
the 21st day of opening of the Technical bid)
(iv) Immediately (usually within 3 or 4 days), on receipt of these clarifications the Evaluation
Committee will finalize the list of responsive bidders whose financial bids are eligible for
consideration.
23.5. If, as a consequence of the modifications carried out by the bidder in response to sub-clause 23.4,
the bidders desire to modify their financial bid, they will submit the modification online before
the opening of the financial bid as intimated in the clarification letter (refer sub-clause 23.4).
23.6. At the time of opening of “Financial Bid”, the names of the bidders found responsive in
accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be
opened. The remaining bids will remain unopened. The responsive Bidders’ names, the bid
prices, the total amount of each bid, any discounts, Bid Modifications and withdrawals, and such
other details as the Employer may consider appropriate, will be announced by the Employer at
the opening. Any Bid price or discount, which is not read out and recorded, will not be taken into
account in Bid Evaluation.
23.7. In case bids are invited in more than one package, the order for opening of the “Financial Bid”
shall be that in which they appear in the “Invitation for Bid”.
23.8. The Employer shall prepare minutes of the Bid opening, including the information disclosed to
those present in accordance with Sub-clause 23.6.
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24. Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation, and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other
persons not officially concerned with such process until the award to the successful Bidder has
been announced. Any effort by a Bidder to influence the Employer’s processing of Bids or award
decisions may result in the rejection of his Bid.
25. Clarification of Financial Bids
25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his
discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in the
price of substance of the Bid shall be sought, offered, or permitted except as required to confirm
the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in
accordance with Clause 27.
25.2. Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to his bid
from the time of the bid opening to the time the contract is awarded. If the bidder wishes to bring
additional information to the notice of the Employer, it should do so in writing.
25.3. Any effort by the Bidder to influence the Employer in the Employer’s bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidders’ bid.
26. Examination of Bids and Determination of Responsiveness
26.1. During the detailed evaluation of “Technical Bids”, the Employer will determine whether each
Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly signed; (c) is
accompanied by the required securities and; (d) is substantially responsive to the requirements of
the Bidding documents. During the detailed evaluation of the “Financial Bid”, the responsiveness
of the bids will be further determined with respect to the remaining bid conditions, i.e., priced
bill of quantities, technical specifications, and drawings.
26.2. A substantially responsive “Financial Bid” is one which conforms to all the terms, conditions,
and specifications of the Bidding documents, without material deviation or reservation. A
material deviation or reservation is one (a) which affects in any substantial way the scope,
quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with
the Bidding documents, the Employer’s rights or the Bidder’s obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.
26.3. If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the non-conforming
deviation or reservation.
27. Correction of Errors
27.1. “Financial Bids” determined to be substantially responsive will be checked by the Employer for
any arithmetical errors. Errors will be corrected by the Employer as follows:
(a) where there is a discrepancy between the rates in figures and in word, the rate in words will
govern; and
(b) Where there is a discrepancy between the unit rate and the line item total resulting form
multiplying the unit rate by the quantity, the unit rate as quoted will govern.
27.2. The amount stated in the “Financial Bid” will be corrected by the Employer in accordance with
the above procedure and the bid amount adjusted with the concurrence of the Bidder in the
following manner:
23
(a) If the Bid price increases as a result of these corrections, the amount as stated in the bid will be
the ‘bid price’ and the increase will be treated as rebate;
(b) If the bid price decrease as a result of the corrections, the decreased amount will be treated as the
‘bid price’. Such adjusted bid price shall be considered as binding upon the Bidder. If the Bidder
does not accept the corrected amount the Bid will be rejected, and the Bid security may be
forfeited in accordance with Sub-clause 16.6(b)
28. Deleted.
29. Evaluation and Comparison of Financial Bids
29.1. The Employer will evaluate and compare only the Bids determined to be substantially responsive in
accordance with Sub-Clause 26.2.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by
adjusting the Bid Price as follows:
(a) making any corrections for errors pursuant to clause 27; or
(b) making an appropriate adjustments for any other acceptable variations, deviations; and
(c) making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with Sub-Clause 23.6
29.3 The Employer reserves the right to accept or reject any variation or deviation. Variations and
deviations and other factors, which are in excess of the requirements of the bidding documents or
otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid
evaluation.
29.4 The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of
Contract, during the period of implementation of the Contract, will not be taken into account in
Bid evaluation.
29.5 If the Bid on the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate
of the cost of work to be performed under the contract, 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, the employer may require that the amount of the performance
security set forth in clause 34 be increased at the expense of the successful Bidder to a level
sufficient to protect the Employer against financial loss in the event of default of the successful
Bidder under the Contract.
29.6 A bid which contains several items in the Bill of Quantities which are unrealistically priced low
and which cannot be substantiated satisfactorily by the bidder, may be rejected as non-
responsive.
30. Deleted.
F. AWARD OF CONTRACT
31. Award of Criteria
31.1. Subject to Clause 30, the Employer will award the Contract to the Bidder whose Bid has been
determined
(i) to be substantially responsive to the bidding documents and who has offered the lowest evaluated
Bid Price; and
24
(ii) to be within the available bid capacity adjusted to account for his bid price which is evaluated the
lowest in any of the packages opened earlier than the one under consideration. In no case, the
contract shall be awarded to any bidder whose available bid capacity is less than the evaluated
bid price, even if the said bid is the lowest evaluated bid. The contract will in such cases be
awarded to the next lowest bidder at his evaluated bid price.
32. Employer's Right to Accept or Reject any Bid or all Bids along with blacklisting for
concealing any fact. Incase the Bidder (By itself or in a Consortium or JV) is found to have
been debarred or blacklisted by Union Government or any State Government or any
Undertaking /PSU of the Union Government or any State Government.
32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid to cancel
the bidding process and reject all bids, at any time prior to the award of Contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected
Bidder or Bidders of the grounds for the Employer’s action.
32.2 Bidder would give an undertaking mentioning all the ongoing projects in detail. If it is found that
any bidder has not mentioned even one ongoing project the bid will be rejected, if due to this the
Bid capacity gets manipulated.
32.3 After Award of contract, if the Bidder/Consultant is found to have concealed any fact relevant to
projects, the employer may blacklist the Bidder/Consultant or Bidders/Consultants within 180
days, with due process as -
i) 1 Year Blacklisting for the Project Cost upto Rs. 2.50 Crore.
ii) 3 Years Blacklisting for the Project Cost Rs. 2.50 Crore to Rs. 10.00 Crore
iii) 5 Years Blacklisting for the Project Cost above Rs. 10.00 Crore to Rs. 100.00 Crore
iv) 10 Years Blacklisting for the Project Cost above Rs. 100.00 Crore
32.3 A. For the consideration of liability against any Bidder or Consultant as the case may be,
the value of the Agreement with/the Work Order issued to the concerned bidder or
consultant shall be taken into account.
33. Notification of Award and Signing of Agreement
33.1. The Bidder whose Bid has been accepted will be notified of the award by the employer prior to
expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter.
This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will
state the sum that the Employer will pay the contractor in consideration of the execution,
completion, and maintenance of the Works by the contractor as prescribed by the contract
(hereinafter and in the contract called the “Contract Price”).
33.2. The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause 34.
33.3. The Agreement will incorporate all agreements between the Employer and the successful Bidder. It
will be signed by the Employer and sent to the successful Bidder, within 28 days following the
notification of award along with the Letter of Acceptance. Within 21 days of receipt, the
successful Bidder will sign the Agreement and deliver it to the Employer.
33.4. Upon the furnishing by the successful Bidder of the Performance Security, the Employer will
promptly notify the other Bidders that their Bids have been unsuccessful.
34. Performance Security
25
34.1. Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the
Employer a Performance security in any of the forms given below for an amount equivalent to
2% of the Contract price plus additional security for unbalanced Bids in accordance with clause
29.5 of ITB and Clause 52 of Conditions of Contract:
A bank guarantee from any of the branches of Scheduled Bank situated within territory of India
in the form given in Section 8; or Certified Cheque /Bank Draft as indicated in Appendix.
34.2. If the performance security is provided by the successful Bidder in the form of a Bank Guarantee,
it shall be issued from any of the branches of Scheduled Bank situated within territory of India.
34.3. Failure of the successful Bidder to comply with the requirements of Sub-Clause 32.1 shall
constitute grounds for cancellation of the award and forfeiture of the Bid Security.
35. Advance Payment and Security
35.1. The Employer will provide an Advance Payment on the Contract Price as stipulated in the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.
36. Deleted.
37. Corrupt or Fraudulent Practices
37.1. The Employer will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question
and will declare the firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract with National Highways Authority of India/State PWD and any other
agencies, if kit at any time determines that the firm has engaged in corrupt or fraudulent practices
in competing for the contractor, or in execution.
37.2. Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 23.2 and Sub-Clause
59.2 of the Conditions of Contract.
26
APPENDIX to ITB
Clause Reference with respect to
Section-I
1. Name of the Employer is Jharkhand State Building Construction Corporation Ltd., Ranchi. [C1. 1.1]
13. Address of the Employer- Jharkhand State Building Construction Corporation Ltd., Ranchi.
27
14. Identification: Construction of 100 Bedded Prefabricated field Hospital at Ranchi,
Ramgarh, East Singhbhum, Koderma, Lohardaga and Hazaribagh District.
[C1. 19.2(b)]
15. The bid should be submitted online latest by 06.10.2022 upto 05.00 P.M.(date and time)[C1. 20.1(a)]
16. The bid will be opened at e-Procurement cell, Jharkhand State Building Construction
Corporation Ltd., Ranchi on 10-10-2022 at12.00 P.M. (Date,Time). [C1.23.1]
17. The Bank draft in favour of Jharkhand State Building Construction Corporation Ltd.,
Ranchi, Payable at - Ranchi [C1.34.1]
18. Escalation factors (for the cost of works executed and financial figure to a common base value for
works completed)
28
ANNEXURE-I
29
ANNEXURE-II
30
SECTION 2
QUALIFICATION INFORMATION
31
QUALIFICATION INFORMATION
The information to be filled in by the bidder in the following pages will be used for purposes of
post qualification as provided for in Clause 4 of the Instructions to Bidders. This information will not be
incorporated in the Contract.
32
#1.3.2. Quantities of work executed as prime contractor, work performed in the past as a nominated sub-
contractor, will also be considered provided the sub-contract involved execution of all main
items of work described in the bid document, provided further that all other qualification criteria
are satisfied (in the same name and style) in the last five years:**
Year Name Name Quantity of work performed (cum) @ Remarks Remarks*
of the of the Cement Concrete Earth (indicate
work Employer* (including RCC & PCC) Works contract
Ref)
2017-2018
2018-2019
2019-2020
2020-2021
2021-2022
1.4 Information on Bid capacity (works for which bids have been submitted and works which are yet to
be completed) as on the date of this bid.
(A) Existing commitments and on-going works:
Description Place Contract Name & Value of Stipulated Value of Anticipated
of works & State No. Address of Contract Period of Works* date of
Employer (Rs Cr) Completion remaining completion
To be
completed
(Rs Cr)
1 2 3 4 5 6 7 8
33
(B) Works for which bids already submitted:
Description Place & Name & Estimated Stipulated Date when Remarks
Of work State Address of value of period of decision is If any
Employer works completion expected
(Rs Cr)
1 2 3 4 5 6 7
1.5 Availability of key items of Contractor’s Equipment essential for carrying out the Works [ref. Clause
4.5(B)(a). The Bidder should list all the information requested below. Refer also to Sub Clause
4.3(d) of the Instructions to Bidders.
1.6 Qualifications and experience of key personnel required for administration and execution of the
Contract [Ref. Clause 4.5(B)(b)]. Attach biographical data. Refer also to sub Clause 4.3 (e) of
instructions to Bidders and Sub Clause 9.1 of the Conditions of Contract.
34
Position Name Qualification Year of Years of
Experience experience in the
(General) Proposed position
Project manager
Etc.
1.7. Proposed sub-contracts and firms involved. [Refer ITB Clause 4.3(k)]
Attach copies of certificates on possession of valid license for executing water supply/sanitary
work/building electrification/Road work/Specialized or New Technical works [Reference Clause 4.5(d),
Clause 4.5(e), Clause 4.5A(f) & Clause 4.5A(g)]
*1.8. Financial reports for the last five years: balance sheets, profit and loss statements, auditors’ reports
(in case of companies/corporation), etc. List them below and attach copies.
1.9. Evidence of access to financial resources to meet the qualification requirements:
Cash in hand, lines of credit, etc. List them below and attach copies of support documents.
1.10. Name, address, and telephone, telex, and fax numbers of the Bidders’ bankers who may provide
references if contacted by the Employer.
35
1.11. Information on litigation history in which the Bidder is involved.
1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders.
(Name of Consultant engaged for project preparation is ** …………….)
_______________________________________________________________________________
_______________________________________________________________________________
1.13. Proposed work methods and schedule. The Bidder should attach descriptions, drawings and charts
as necessary to comply with the requirements of the Bidding documents. [Refer ITB Clause 4.1 &
4.3 (1)]
1.14. Programme.
1.15. Quality Assurance Programme.
2. Additional Requirements.
2.1. Bidders should provide any additional information required to fulfill the requirements of Clause 4
of the Instructions to the Bidders, if applicable.
(i) Affidavit
(ii) Undertaking
*** (iii) Update of original pre qualification application
*** (iv) Copy of original pre qualification application
*** (v) Copy of pre qualification letter
(vi) Copy of letter of association in the form of agreement with subcontractor for the work
defined or for any specialize/ new engineering methodology work.
36
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES
BANK CERTIFICATE
__________________________
(Signature)
Name of Bank
Senior Bank Manager
Address of the Bank
37
AFFIDAVIT
1. I, the undersigned, do hereby certify that all the 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 Jharkhand
State Building Construction Corporation Ltd., Ranchi, Jharkhand or any
contract awarded to us for such work 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 or 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/Project implementing agency.
____________________________________
______________________
Title of officer
______________________
Name of Firm
______________________
DATE
38
UNDERTAKING
____________________________________
(Signed by an Authorized Officer of the Firm)
_____________________________
Title of Officer
_____________________________
Name of Firm
______________________________
DATE
39
SECTION 3
CONDITIONS OF CONTRACT
40
Conditions of Contract
Table of Contents
41
CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions
1.1. Terms which are defined in the Contract data are not also defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of
the Bid.
The Completion Date is the date of completion of the Works as certified by the
Engineer in accordance with Sub clause 55.1.
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 Clause 2.3 below.
The Contract Data defines the documents and other information which comprise the
Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works has
been accepted by the Employer.
The Contractor’s Bid is the completed Bidding document submitted by the
Contractor to the Employer and includes Technical and Financial bids.
The Contract Price is the price state in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Period is the period named in the contract Data and calculated
from the Completion Date.
The Employer is Jharkhand State Building Construction Corporation Ltd.,
Ranchi who will employ the contractor to carry out the Works.
The Employer’s representative will be the Manager, Jharkhand State Building
Construction Corporation Ltd. concerned to be notified by the Employer. The Employer’s
representative will act on behalf of Employer.
The Engineer is the person named in the Contract Data (or any other competent
person appointed and notified to the contractor to act in replacement of the Engineer) who is
responsible for supervising the Contractor, administering the Contract, certifying payments
due to the Contractor issuing and valuing Variations to the Contract, awarding extensions of
time. *
* For the Building Projects Costing more than Rs. 2.5 Crore, “ Supervision Consultant”
would act as “Engineer” for the project if advised by the G.M. (Chief Engineer, JSBCCL) or
Executive Director (JSBCCL). All other projects where Supervision consultant will not act as
“Engineer” the Employer’s Representative will act as “Engineer”.
42
Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to
construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.
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 Contract Data. The
Intended Completion date may be revised only by the Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the Works.
Plant is any integral part of the Works which is to have a mechanical, electrical,
electronic or chemical or biological function.
Site Investigation Reports are those which were included in the Bidding documents and
are factual interpretative reports about the surface and the sub-surface conditions at the site.
Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Employer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the Site
Possession Dates.
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.
Temporary Works are works designed, consulted, installed, and removed by the
contractor which are needed for construction or installation of the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn
over to the Employer, as defined in the Contract Data.
2. Interpretation
2.1. In interpreting these Conditions of Contract, 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 will provide instructions clarifying queries about the Conditions of Contract.
2.2. If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to
43
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:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor’s Bid
(4) Contract Data
(5) Conditions of Contract including Special Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of Quantities and
(9) Any other document listed in the Contract Data as forming part of the
Contract.
4. Engineer’s Decisions
4.1. Except where otherwise specifically stated, the Engineer will 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 after notifying
the Contractor and may cancel any delegation after notifying the Contractor.
6. Communications
6.1. Communications between parties which are referred to in the conditions are effective only when in
writing. A notice shall be effective only when it is delivered (in terms of Indian Contract act).
7. Sub-Contracting
7.1. The Contractor may sub-contract any portion of work, up to a limit specified in Contract Data,
with the approval of the Engineer but may not assign the Contract without the approval of the
Employer in writing. Sub-contracting does not alter the Contractor’s obligations. Maximum
number of Sub Contractor will be two and they will have to meet all qualifying criteria in the
ratio of work allotted.
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. The
contractors shall as referred to in the Contract Data, 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
9.1. The Contractor shall employ the key personnel named in the Schedule of Key Personnel as
referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel
approved by the Engineer. The Engineer will approve any proposed replacement of key personnel
only if their qualification, abilities, and relevant experience are substantially equal to or letter than
those of the personnel listed in the schedule.
44
9.2. If the Engineer asks the Contractor to remove a person who is a member of the Contactor’s staff of
his 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.
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 Contract data for the following events which are due to the Contractor’s
risks:
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.
45
14. Site Investigation Reports
14.1. The Contractor, in preparing the Bid, shall rely on any site investigation reports referred to in the
Contract data, supplemented by any information available to the Bidder.
18.3. The Engineer’s approval shall not alter the Contractor’s responsibility for design of the
Temporary Works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary
Works where required.
18.5 All drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer before their use.
19. Safety
19.1. The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries
20.1. Anything of historical or other interest or of significant value unexpectedly discovered on the
site is the property of the Employer. The Contractor is to notify the Engineer of such discoveries
and carry out the Engineer’s instructions for dealing with them.
23.1. The Contractor shall carry out all instructions of the Engineer pertaining to works which
comply with the applicable law where the site is located.
46
23.2. The Constructor shall permit the Employer to inspect the Contractor’s accounts and
records relating to the performance of the Contractor and to have them audited by
auditors appointed by the Employer, if so required by the Employer.
24. Deleted.
25. Deleted.
26. Deleted.
B. TIME CONTROL
27. Programme
27.1. Within the time stated in the Contract Data the Contractor shall submit to the Engineer for
approval a Programme showing the general methods, arrangements, order, and timing for
all the activities in the Works along with monthly cash flow forecast.
27.2. An update of the Programme shall be a programme 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.
27.3. The Contractor shall submit to the Engineer, for approval, an updated Programme at
intervals no longer than the period stated in the Contract data. If the Contractor does not
submit an updated Programme within this period, the Engineer may withhold the amount
stated in the Contract Data from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue Programme has
been submitted.
27.4. The Engineer’s approval of the Programme shall not alter the Contractor’s obligations. The
Contractor may revise the Programme and submit it to the Engineer again at any time. A
revised Programme is to show the effect of Variations and Compensation Events.
28.1 The Engineer shall extend the Intended Completion Date if a Variation as explained in
clause 28.1(a) 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 and which would cause the Contractor to incur additional cost.
28.1(a) The Engineer shall also extend the intended completion date in any of the following
events :-
(i) The employer does not give access to a part of the site by the site possession date
stated in the contract data.
(ii) The Engineer does not approve of a subcontract to be let, within 15 days.
(iii) 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.
(iv) The Engineer unreasonably delays issuing a Certificate of completion.
(v) Force majeure (eg. Natural Clamaties or conditions beyond the human control.)
47
28.2. The Engineer shall decide whether and by how much to extend the Intended Completion
date within 35 days of the Contractor asking the Engineer for a decision upon the effect
of a 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.
28.3. The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The
Employer shall in not more than 21 days communicate to the Engineer the acceptance
or otherwise of the Engineer’s decision.
29. Deleted.
31.2. The Engineer shall record the business of management meetings and is to provide copies
of his record to those attending the meeting and to the Employer. The responsibility of
the parties for actions to be taken is to 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.
32.2. 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
33. Identifying Defects
33.1. 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.
48
34. Tests
34.1. If the Engineer instructs the Constructor 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.
35.2. Every time notice of a defect is given, the Contractor shall correct the notified Defect
within the length of time specified by the Engineer’s notice.
36. Uncorrected Defects
36.1. If the contractor has not corrected a Defect within the time specified in the Engineer’s
notice, the Engineer will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.
D. COST CONTROL
37. Bill of Quantities
37.1. The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.
37.2. The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rate in the Bill of Quantities for each item.
38.2. The Engineer shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded by more than 15 percent, except with the Prior approval
of the Employer.
38.3. If requested by the Engineer, the Contractor shall provide the Engineer with a
detailed cost breakdown of any rate in the Bill of Quantities.
39. Variations
39.1. All Variations shall be included in updated Programmes produced
by the Contractor.
40.2 If the work in the Variation corresponds with an item description in the Bill of
Quantities and if, in the opinion of the Engineer, the quantity of work above the
limit stated in Sub Clause 34.1 or the timing of its execution do not cause the cost
per unit of quantity to change, the rate in the Bill of Quantities shall be used to
calculate the value of Variation. If the cost per unit of quantity changes, or if the
nature of timing of the work in the Variation does not correspond with items in the
Bill of Quantities, the quotation by the contractor shall be in the form of new rates
for the relevant items of work.
40.3. If the Contractor’s quotation is unreasonable, the Engineer may order the Variation
and make a change to the Contract Price which shall be based on Engineer’s own
forecast of the effects of the variation on the Contractor’s costs.
40.4. The Contractor shall not be entitled to additional payment for costs which could
have been avoided by giving early warning.
42.4. The value of work executed shall comprise the value of the quantities of the items
in the Bill of Quantities completed
42.5. The value of work executed shall include the valuation of Variations.
42.6. 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.
43. Payments
43.1. Payments shall be adjusted for deductions for advance payments, retention, other
recoveries in terms of contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts certified by the Engineer within 28
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 for which the payment should have been made
upto the date when the late payment is made at 12% per annum.
50
43.2. Items of the Works for which no rate or price has been entered in will not be paid
for by the Employer and shall be deemed covered by other rates and prices in the
Contract.
44. Deleted.
45. Tax
45.1. The rates quoted by the Contractor shall be deemed to be inclusive of the sales and
other taxes that the Contractor will have to pay for the performance of this Contract.
The Employee will perform such duties in regard to the deduction of such taxes at
source as per applicable law.
46. Currencies
47.1. Contract Price shall be adjusted for increase or decrease in rates and price of materials
in accordance with the following principles and procedures and as per formula given
in the contract data:
(a) The price adjustment shall apply for the projects to be completed in more than
12 months for the work done from the start date given in the contract data upto
end of the initial intended completion date or extensions granted by the
Engineer and shall not apply to the work carried out beyond the stipulated time
for reasons attributable to the contractor.
(b) The price adjustment shall be determined during each month from the formula
given in the contract data.
(c) Following expressions and meanings are assigned to the work done during each
month:
R = Total value of work done during the month. It will exclude value for works
executed under variations for which price adjustment will be worked separately
based on the terms mutually agreed.
47.2. 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 amounts to cover the contingency of
such other rise or fall in costs.
48. Retention
48.1. The Employer shall retain from each payment due to the Contractor the proportion stated
in the Contract Data until Completion of the whole of the Works.
48.2. On Completion of the whole of the Works half the total amount retained is repaid to the
Contractor and half when the Defects Liability Period has passed and the Engineer has
51
certified that all Defects notified by the Engineer to the Contractor before the end of this
period have been corrected.
48.3. On completion of the whole works, the contractor may substitute retention
money with an “on demand” Bank guarantee.
49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in
the Contract data for each day that the Completion Date is later than the Intended
Completion Date (for the whole of the works or the milestones as stated in the contract
data). The total amount of liquidated damages shall not exceed the amount defined in the
Contract Data. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages does not affect the Contractor’s liabilities.
49.2. If the Intended Completion date is extended after liquidated damages have been paid, the
Engineer shall correct any over payment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be paid interest on the over
payment calculated from the date of payment to the date of repayment at the rates specified
in Sub Clause 39.1.
49.3. If the Contractor fails to comply with the time for completion as stipulated in the tender,
then the contractor shall pay to the employer the relevant sum stated in the Contract Data
as Liquidated damages for such default and not as penalty for everyday or part of day
which shall elapse between relevant time for completion and the date stated in the taking
over certificate of the whole of the works on the relevant section, subject to the limit stated
in the contract data.
The employer may, without prejudice to any other method of recovery
deduct the amount of such damages from any monies due or to become due to the
contractor. The payment or deduction of such damages shall not relieve the contractor
from his obligation to complete the works on form any other of his obligations and
liabilities under the contract.
49.4. If, before the Time for Completion of the whole of the Works or, if applicable, any
Section, a Taking – Over Certificate has been issued for any part of the Works or of a
Section, the liquidated damages for delay in completion of the remainders of the Works or
of that Section shall, for any period of delay after the date stated in such Taking-Over
Certificate, and in the absence of alternative provisions in the Contract, be reduced in the
proportion which the value of the part so certified bears to the value of the whole of the
Works or Section, as applicable. The provisions of this Sub-Clause shall only apply to the
rate of liquidated damages and shall not affect the limit thereof.
50. Bonus
50.1. If the contractor achieves completion of the whole of the works prior to the Intended
Completion date prescribed in Contract Data the Employer shall pay to the contractor a
sum stated in Contract Data as bonus for every completed month which shall elapse
between the date of completion of all items of works as stipulated in the contract,
including variations ordered by the Engineer and the time prescribed in Clause 17.
52
For the purpose of calculating bonus payments, the time given in the Bid for
completion of the whole of the works is fixed and unless otherwise agreed, no adjustments
of the time by reason of granting an extension of time pursuant to Clause 28 or any other
clause of these conditions will be allowed. Any period falling short of a complete month
shall be ignored for the purpose of computing the period relevant for the payment of
bonus.
51.1. The Employer shall make advance payment to the Contractor of the amounts stated in the
Contract Data by the date stated in the Contract Data against provision by the Contractor of
an Unconditional Bank Guarantee in a form and by a bank acceptable to the employer in
amounts and currencies equal to the advance payment. The guarantee shall remain effective
until the advance payment has been repaid, but the amount of guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest will be charged
@10% Per Annum on the advance payment after six month on the remaining advance.
(Amended vide Sankalp No. 2146 (s) dated 09.09.2020 of Road Construction
Department Jharkhand, Ranchi, copy enclosed)
51.2. The Contractor is to use the advance payment only to pay for Equipment, Plant and
Mobilization expenses required specifically for execution of the works. The Contractor shall
demonstrates that advance payment has been used in this way by supplying copies of
invoices or other documents.
51.3. The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor, following the schedule of completed percentages of the
Works on a payment basis. No account shall be taken of the advance payment or its
repayment in assessing valuations of work done, Variations, price adjustments, or
Liquidated Damages.
52. Securities
52.1. The Performance Security (including additional security for unbalanced bids) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance and
shall be issued in an amount and form and by a bank or surety acceptable to the Employer,
and denominated in Indian Rupees. The Performance Security shall be valid until a date 28
days from the date of expiry of Defects Liability Period and the additional security for
unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate
of completion.
53. Deleted.
53
E. FINISHING THE CONTRACT
55. Completion
55.1. The Contractor shall request the Engineer to issue a Certificate of Completion of the
Works and the Engineer will do so upon deciding that the Work is completed.
56.1. The Employer shall take over the Site and the Works within seven days of the Engineer
issuing a certificate of Completion.
57.1. The Contractor shall supply to the Engineer 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 Defect 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, within 56 days of receiving the
Contractor’s revised account.
58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by dates stated in the Contract Data.
58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in
the Contract Data, or they do not receive the Engineer’s approval, the Engineer shall
withhold the amount stated in the Contract Data from payments due to the Contractor.
59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the
current Programme 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;
54
(d) a payment certified by the Engineer is not paid by the Employer to the Contractor
within 56 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.
(g) the Contractor has delayed the completion of works by the number of days for which
the maximum amount of liquidated damages can be paid as defined in the Contract
data; and
(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.
For the purpose of this paragraph: “corrupt practice” means the offering, giving,
receiving or soliciting of anything of value to influence the action of a public official in the
procurement process or in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement process or the execution of
a contract to the detriment of the Borrower, and includes collusive practice among Bidders
(prior to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Borrower of the benefits of free and open
competition.”
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a
cause other than those listed under Sub Clause 59.2. above, the Engineer shall decide whether the
breach is fundamental or not.
59.4 Not withstanding the above, the Employer may terminate the Contract for convenience.
59.5 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.
60.1 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 less advance payments
received up to the date of the issue of the certificate, less other recoveries due in terms of the
contract, less taxes due to be deducted at source as per applicable law and less the percentage
to apply to the work not completed as indicated in the Contract Data. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer exceeds any payment due to
the Contractor shall be a debt payable to the Employer.
56
F. SPECIAL CONDITIONS OF CONTRACT
1. 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 Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and 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.
57
(ii) Deposit linked insurance on the death in harness of the worker, (iii) (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 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 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.
1) 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.
58
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, traveling
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 of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10 persons
or more with aid of power or 20 or more persons without the aid of power engaged in
manufacturing process.
q) All payments will be made subject to guidelines issued by State Government/Central
Government from time to time.
59
SECTION 4
CONTRACT DATA
60
CONTRACT DATA
Clause Reference
With respect to
section 3
Items marked “N/A” do not apply in this contract.
1. The Employer is [Cl.1.1.]
Name :
Address:
Name of Employer’s Representative -Manager, Jharkhand State Building
Construction Corporation Ltd., ........................
2. The Engineer is ......................................................................................................................
3. Deleted
4. The Defects Liability Period is 365 days from the date of completion. [Cl. 1. 1&35]
5. The Start Date shall besame as the day for the date of issue of the Notice to [Cl.1.1 ]
proceed with the work.
6. The Intended Completion Date for the whole of the Works is 06 Months [Cl.
1.1,17&28] months after start of work with the following milestones:
7. The Site is located at Ranchi, Ramgarh, East Singhbhum, Koderma, Lohardaga and Hazaribagh
District. [Cl. 1.1] .
8. The name and identification number of the Contract is: ..................................... [Cl. 1.1]
9.The work consists of ...................................................................................... [Cl.1.1]
.......................................................................................................................
.................................................... the work shall inter alia, include the following,as
specified or as directed:
61
Clause Reference
With respect to
section 3
(A) Building Works
Site clearance; setting-out and layout of Building including soil testing and
all aspects of quality assurance of various components of the works;
rectification of the defects in the completed works during the Defects
Liability Period; submission of "As-built" drawings and any other related
documents; and other item of work as may be required to be carried out for
completing the works in accordance with the drawings and provisions of the
contract to ensure safety.
11. The law which applies to the Contract is the law of Union of India [Cl. 3.1]
12. The language of the Contract documents is English [Cl. 3.1]
13. Limit of subcontracting 50% of the Initial Contract Price [Cl. 7.1]
16. The minimum insurance cover for physical property, injury and death [Cl.13]
Is for the contract price valid till Defect Liability Period of the Project.
17. Site investigation report. [Cl.14]
18. The Site Possession Dates shall be [Cl.21]
19. Deleted
20. Deleted
21. The period for submission of the programme for approval of Engineer [Cl.27.1]
shall be 21 days from the issue of Letter of Acceptance.
22. The period between programme updates shall be 60 days. [Cl.27.3]
23. The amount to be withheld for late submission of an updated [Cl. 27.3]
programme shall be Rs. .........................
24. Deleted
62
Clause Reference
with respect
to section 3
26. The formula (e) for adjustment of prices are: [Cl. 47]
R = Value of work as defined in Clause 42.1 of Conditions of Contract
Adjustment for cement component
(i) Price adjustment for increase or decrease in the cost of cement
procured by the contractor shall be paid in accordance with the
following formula:
V c = 0.85xP c /100xRx(C i –C 0 )/C 0
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 wholesale price index for cement on 28 days
preceding the date of opening of Bids as published by the
Ministry of Industrial Development, 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, New Delhi
Pc = Percentage of cement component of the work
Adjustment for steel component
(ii) Price adjustment for increase or decrease in the cost of steel procured by
the Contractor shall be paid in accordance with the following
formula:
V s = 0.85xP S /100xRx(S i – S 0 )/S 0
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 wholesale price index for steel (Bars and Rods) on
28 days preceding the date of opening of Bids as published by the
Ministry of Industrial Development, Government ofIndia, 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.
63
Clause Reference with
respect to section 3
Adjustment of labour component
(iii) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance
with the following formula:
29. Maximum limit of liquidated damages for 10 per cent of the Initial [Cl. 49]
delay in completion of work. Contract Price rounded
off to the nearest
thousand.
65
Clause reference
with respect to
Section 3
[C1.51&52]
32. The amounts of the advance payment are:
After equipment is
ii. Equipment 90% for new and 50% of brought to site (provided
depreciated value for the Engineer is satisfied
old equipment. Total that the equipment is
amount will be subject required for performance of
to a maximum of 5% of the contract) and on
the Contract price. submission of
unconditional Bank
Guarantee for amount of
advance.
33. Repayment of advance payment for mobilization and equipment: [Cl. 51.3]
The advance loan shall be repaid with percentage deductions from the
interim payments certified by the Engineer under the Contract. Deductions
shall commence in the next Interim Payment Certificate following that in
which the total of all such payments to the Contractor has reached not less
than 20 per cent of the Contract Price or 6 (Six) months from the date of
payment of first installment of advance, whichever period concludes earlier,
and shall be made at the rate of 20 per cent of the amounts of all Interim
Payment Certificates until such time as the loan has been repaid, always
provided that the loan shall be completely repaid prior to the expiry of the
original time for completion pursuant to Clauses 17 and 28 (COC).
34. Deleted.
35. The Securities shall be for the following minimum amounts equivalent [Cl. 52]
as a percentage of the Contract Price:
66
Clause reference
with respect
to Section 3
36. The Schedule of Operating and Maintenance Manuals __________ N/A [Cl. 58]
37. The date by which "as-built" drawings (in scale as directed) in 2 sets are [Cl. 58]
required is within 28 days of issue of certificate of completion of whole
or section of the work, as the case may be.
38. The amount to be withheld for failing to supply "as built" drawings by [Cl. 58]
the date required is Rs. 10.00 Lakhs.
39. The following events shall also be fundamental breach of contract: [Cl. 59.2]
"The Contractor has contravened Sub-clause 7.1 and Clause 9 of GCC."
40. The percentage to apply to the value of the work not completed [Cl. 60]
representing the Employer's additional cost for completing the Works
shall be 20 per cent.
67
SECTION 5
TECHNICAL SPECIFICATION
68
SECTION 6
FORM OF BID
69
FORM OF BID
BID
To :
Address :
1. We offer to execute the Works described above and remedy any defects therein in
conformity with the conditions of Contract, specification, drawings, Bill of Quantities and
Addenda for the sum(s) of
_______________________________________________________________________
_______________________________________________________________________
( ____________________________________________________________________ )
3. We agree to abide by this Bid for the period of * ______days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any
time before the expiration of that period.
4. Unless and until a formal Agreement is prepared and executed this Bid, together
with your written acceptance thereof, shall constitute a binding contract between
us.
5. We understand that you are not bound to accept the lowest or any tender you may
receive.
70
Dated this _____________day of _______________________20 .....
Address
Witness
__________________________________________________________________
__________________________________________________________________
Address
______________________________________________________________________
______________________________________________________________________
Occupation
_________________________________________________________________
__________________________________________________________________
71
SECTION 7
BILL OF QUANTITIES
72
BILL OF QUANTITIES
Preamble
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
Conditions of Contract, Technical Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the
actual quantities of work ordered and carried out, as measured by the Contractor
and verified by the Engineer and valued at the rates and prices tendered in the priced
Bill of Quantities, where applicable, and otherwise at such rates and prices as the
Engineer may fix within the terms of the Contract.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as
it is otherwise provided under the Contract, include all constructional plant, labour,
supervision, materials, erection, maintenance, insurance, profit, taxes and duties,
together with all general risks, liabilities and obligations set out or implied in the
Contract.
5. A rate or price shall be entered against each item in the Bill of Quantities, whether
quantities are stated or not. The cost of Items against which the Contractor has
failed to enter a rate or price shall be deemed to be covered by other rates and prices
entered in the Bill of Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included
in the items provided in the priced Bill of Quantities, and where no Items are
provided the cost shall be deemed to be distributed among the rates and prices
enteredfor the related Items of Work.
7. General directions and descriptions of work and materials are not necessarily
repeated or summarized in the Bill of Quantities. References to the relevant sections
of the contract documentation shall be made before entering rates or prices against
each item in the Bill of Quantities.
9. Errors will be corrected by the Employer for any arithmetic errors pursuant to Clause
29 of the Instructions to Bidders.
10. Rock is defined as all materials which, in the opinion of the Engineer, require
blasting, or the use of metal wedges and sledgehammers, or the use of compressed
air drilling for its removal, and which cannot be extracted by ripping with a tractor of
at least 150 kw. with a single rear mounted heavy duty ripper.
73
BI LL O F QU A N TI TI ES
Tender Inviting Authority: [to be filled in by Procurement Officer]
Bidder
Name :
SCHEDULE OF WORKS
Note : BOQ is available online on the website http://jharkhandtenders.gov.in . Bidder shall fill
BOQ as per instruction given in addendum to Instructions to Bidders.
* Column should be deleted while uploading for tender.
Manager,
Jharkhand State Building Construction
Corporation Ltd., Ranchi
Note :-
1. Item for which no rate or price has been entered in, will not be paid for by the
Employer when executed and shall be deemed covered by the other rates and
pricesin the bill of quantities (Refer : ITB Clause 13.2 and GCC Clause 43.3).
2. Unit rates and prices shall be quoted by the bidder in Indian rupee [ITB
Clause14.1].
3. Where there is a discrepancy between the rate in figures and words the rates in
words will govern.[ITB Clause 27.1(a)]
4. Where there is discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by quantity, the unit rate quoted shall govern [ITB
Clause 27.1(b)]
74
SECTION 8
SECURITIES AND OTHER FORMS
75
BID SECURITY (BANK GUARANTEE)
SEALED with the Common Seal of the said Bank this _________day of _________, 20_
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified in the Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer
during the period of Bid Validity:
(a) fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders; or
(c) does not accept the correction of the Bid Price pursuant to Clause 27.
We undertake to pay to the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand, provided
that in his demand the Employer will note that the amount claimed by him is due to him
owing to the occurrence of one or any of the three conditions, specifying the occurred
condition or conditions.
76
This Guarantee will remain in force up to and including the date
______________ ** days after the deadline for submission of Bids as such deadline is
stated in the Instructions to Bidders or as it may be extended by the Employer, notice of
which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not later than the above date.
* The Bidder should insert the amount of the guarantee in words and figures denomi-
nated in Indian Rupees. This figure should be the same as shown in Clause 16.1 of
the Instructions to Bidders.
** 45 days after the end of the validity period of the Bid. Date should be inserted by
the Employer before the Bidding documents are issued.
77
PERFORMANCE BANK GUARANTEE
To
________________________________________ [name of Employer’s Representative]
_________________________________________________[address of Employer’s Representative]
__________________________________________________
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of__________________________[amount of
guarantee]* _______________________ (in words), such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, any sum or sums within the
limits of ____________________________[amount of guarantee] as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents which
may be made between your and the Contractor shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until 28 days from the date of expiry of the Defect Liabil-
ity Period.
___________________________________________________________________________
*An amount shall be inserted by the Guarantor, representing the percentage the Contract
Price specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
78
BANK GUARANTEE FOR ADVANCE PAYMENT
To
Gentlemen:
In accordance with the provisions of the Conditions of Contract, sub-clause 51.1 ("Advance
Payment") of the above-mentioned Contract, [name and address of Contractor] (herein after
called "the Contractor") shall deposit with [name of Employer’s Representative] a bank
guarantee to guarantee his proper and faithful performance under the said Clause of
the Contract in an amount of_________________________ [amount of Guarantee]*
___________________________________ [in words].
We further agree that no change or addition to or other modification of the terms of the
Contractor or Works to be performed there under or of any of the Contract documents which
may be made between_________________________[name of Employer’s Representative]
and the Contractor, shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until _________________________[name of Employer’s Representative]
receives full repayment of the same amount from the Contractor.
Yours truly,
79
Letter of Acceptance
(Letter head paper of the Employer’s Representative)
______________________________ (Date)
To
___________________________________ (Name and address of the Contractor)
___________________________________
___________________________________
Dear Sirs,
This is to notify you that your Bid dated _______________for execution of the
______________________________________ (name of the contract and identification
number, as given in the Instructions to Bidders) for the Contract Price of Rupees
_____________________________ ( _____________________) (amount in words and
figures), as corrected and modified in accordance with the Instructions to Bidders1 is hereby
accepted by our agency.
You are hereby requested to furnish Performance Security, in the form detailed in Para 34.1
of ITB for an amount equivalent to Rs. ___________________ within 21 days of the
receipt of this letter of acceptance valid up to 28 days from the date of expiry of defects
Liability Period i.e. up to ______________________________ and sign the contract,
failing which action as stated in Para 34.3 of ITB will be taken.
Yours faithfully,
Authorized Signature
Name and title of Signatory
(Employer’s Representative)
1. Delete "corrected and" or "and modified" if only one of these actions applies. Delete
as corrected and modified in accordance with the Instructions to Bidders, if corrections
or modifications have not been affected.
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Issue of Notice to proceed with the work
(Letter head of the Employer’s Representative)
__________________________ (Date)
To
_____________________________________ (Name and address of the Contractor)
_____________________________________
_____________________________________
Dear Sirs,
Pursuant to your furnishing the requisite security as stipulated in ITB Clause 34.1
and signing of the Contract for the construction of ___________________________________
_______________________________________________________________________
____________________________________________________________________ata
Bid Price of Rs.__________________________________________________________.
You are hereby instructed to proceed with the execution of the said works in accor-
dance with the contract documents.
Yours faithfully,
81
Agreement Form
Agreement
(name and identification number of Contract) (hereinafter called "the Works") and the
Employer has accepted the Bid by the Contractor for the execution and completion of such
Works and the remedying of any defects therein , at a cost of Rs. ________________
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and they
shall be deemed to form and be read and construed as part of this Agreement.
4. The following documents shall be deemed to form and be ready and construed as
part of this Agreement viz.
(i) Letter of Acceptance
(ii) Notice to proceed with the works;
(iii) Contractor's Bid
(iv) Condition of Contract: General and Special
(v) Contract Data
(vi) Additional condition
(vii) Drawings
(viii) Bill of Quantities and
(ix) Any other documents listed in the Contract Data as forming part of the Contract.
82
In witnessed whereof the parties there to have caused this Agreement to be executed
the day and year first before written.
The Common Seal of _____________________________________was
hereunto affixed in the presence of :
83
UNDERTAKING
____________________________________________________
__________________
Title of Officer
__________________
Name of Firm
_________________
DATE
84
SECTION 9
DRAWINGS
85
SECTION 10
DOCUMENTS TO BE FURNISHED BY BIDDER
Refer to Addendum to ITB
86
2A
(ForJHARKHAND STATE BUILDING CONSTRUCTION CORPORATION LTD. RANCHI)
Name of the ……………………………………..
work
Tender Ref. ……………………………………..
No.
Name and address of the nonresponsive bidders Reason for their non-
responsiveness
2B
87
(For JHARKHAND STATE BUILDING CONSTRUCTION CORPORATION LTD. RANCHI)
Sl.No. Name and address of the successful bidder Amount of award of work
In financial evaluation
1
Sl.No. Name and address of the unsuccessful bidders Reason for unsuccessful bid
88
Note :- In case of any ambiguity, the provisions changed vide sankalp no. 2146 (s) dated 09.09.2020
attached below shall be applicable.
89
The image part with relationship ID rId19 was not found in the file.
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92
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