PARADIP PORT AUTHORITY

ENGINEERING DEPARTMENT
(B.C. DIVISION)

TENDER CALL NOTICE NO: CE/BC/ACCTS-06/2024/156

PROVIDING, FIXING OF TILES TO ALL

ROOMS AND RENOVATION OF THE
TOILETS OF 06 NOS. TYPE-C AND 24
NOS. TYPE-B PORT EMPLOYEES
ALLOTTED QTRS. AT NUABAZAR AREA

TENDER DOCUMENT FOR e-Tendering

Office of BC Division,

Engineering Department, Paradip Port Authority, Ground Floor,

Administrative Building,
Post: Paradip – 754 142,

Dist: Jagatsinghpur (Odisha).

Tele :+91(0)6722-222129 (O)

Mob: (0) 7008569851
E-mail: [email protected]
 PARADIP PORT AUTHORITY
ENGINEERING DEPARTMENT
BC DIVISION
******
No.:CE/BC/ACCTS-06/2024/156 Date: 30/05/2024
e-Tender Notice
(1) e-Tenders are invited in Single Stage Two Bid System in percentage rate basis for the
following work on behalf of Paradip Port Trust from the experienced Bidders meeting the pre-
qualifying criteria through on-line bidding on the website eprocure.gov.in/eprocure/app
having Digital Signature Certificate (DSC) issued from any agency authorized by Controller
of Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of trust
to the Root Certificate of CCA.
(2) (a) The bidder should have ESI Code and EPF Registration Certificate.
(b) The bidder should have GST Registration Certificate.
(c) The bidder should have PAN Card & I. Tax Return of preceding 3 years.
(d) The bidder should submit the forms and formats dully filled and signed in
with the bid as called for in the tender document such as Make in India &
sharing land border with India formats.
(3) The bidders may submit bids for the following works.
Estimated Earnest Money Cost of Tender
Period of
Description of work Cost of work Deposit Document
Completion
(in Rs.) (in Rs.) (in Rs.)
1 2 3 4 5
Providing, fixing of 48,83,117.07 97,662/- Rs.1000/- 12 (Twelve)
tiles to all rooms Months.
and renovation of
the toilets of 06 Nos.
Type-C and 24 Nos.
Type-B Port
employees allotted
Qtrs. at Nuabazar
area.
Scope of work: The main items involved are: providing and fixing of tile flooring with renovation to
the toilets with P.H. works, etc.
N.B.:(i) The bidder who has been Blacklisted/Terminated/Debarred in any other organization as well as
PPT shall not be considered for bid evaluation.
(ii) The bidder shall upload the documentary evidence for Sl. No. 2(a), (b), (c) & (d) above along with
the Technical Bid.
(iii) The deposit of cost of Tender Document, EMD for estimated cost put to tender by the participating
bidder will be made by National Electronic Fund Transfer (NEFT)/Real Time Gross Settlement
(RTGS) only to the Account mentioned as at 4.1(B) (Bid Information). The Acknowledgement copy
of cost of Tender Document, EMD must be uploaded along with the Tech. Bid.
OR
(iv) Any firm registered with National Small Industries Corporation Ltd. (NSIC), Micro & Small
Enterprises, 2012 to all MSE‟s registered with District Industries Centers (DIC)/Khadi & Village
Industries Commission (KVIC)/Khadi & Village Industries Board (KVIB)/Coir Board/Directorate of
Handicrafts and Handloom or any other body specified by Ministry of Micro, Small & Medium
Enterprises (MoMSME)/ Udyog Adhar Memorandum(UAM), irrespective of relevance of the product
category is exempted towards deposit of EMD and cost of Tender Document for the subject
tender. Such registration certificate must be uploaded by the bidder along with the Technical Bid
failing which the tender shall not be considered.
(v) The bidder shall upload the experience certificate for completed similar work(s) having Schedule
Date of Commencement & Completion, Actual Date of Completion, Contract Value, Actual
Executed Value etc. In addition to this, Bidder should upload the Work Order(s) & Bill of
Quantity(ies) in respect of the completed similar work(s), Contact address of the organization/
Contact person with Mobile No., Landline No., FAX No., Postal Address etc. who has issued such
certificate(s).
(vi) Bidders to note that the clauses for EMD, Security Deposit and Retention Money and variations
depicted in the Special Conditions of Contract supersede the corresponding clauses in Conditions
of Contract(Civil Works,2004)
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4. TIME SCHEDULE OF TENDER :
Sl.
Particulars Date Time
No.
1 Tender e-Publication date 30/05/2024 17:00 Hrs.
2 (a) Document download start date 30/05/2024 17:00 Hrs.
(b) Document download end date 20/06/2024 17:00Hrs.
3 (a) Start date for seeking Clarification on-line --- ---
(b) Last date for seeking Clarification on-line --- ---
4. Date of Pre-Bid meeting & Site visit --- ---
Date of uploading response to Clarifications
5. --- ---
sought
6. (a) Bid Submission start date 30/05/2024 17:00 Hrs.
(b) Bid Submission end date 20/06/2024 17:00 Hrs.
7. Tender Opening Date. 24/06/2024 11:30 Hrs.

4.1 CONTRACT DATA

(A) GENERAL INFORMATION:

SL.
Item Details
No.
1 Name of the work Providing, fixing of tiles to all rooms and
renovation of the toilets of 06 Nos. Type-C
and 24 Nos. Type-B Port employees allotted
Qtrs. at Nuabazar area.
2 Employer Paradip Port Authority
3 Executing Authority Executive Engineer, BC Division, Paradip Port
Authority.
4 Estimated Cost put to tender Rs. 48,83,117.07
5 Accepting Authority Chairman, PPA / Dy.Chairman,PPA/CE,PPA

(B) BID INFORMATION:

1 Intended completion period/Time
12 (Twelve) Months.
period assigned for completion
2 Last Date & Time of submission of Date : 20/06/2024
Bid Time: 17:00 Hrs.
3 Date of opening 24/06/2024 at 11.30 Hrs.
4 Cost of the Tender Document
Amount Rs.1000/-
Account No.0254104000169615
In favour of Paradip Port Trust
Through NEFT/RTGS and A/c.
Type of Account – SAVING
details
Branch – IDBI Bank Ltd , Paradip.
IFSC – IBKL0000254

5 Earnest Money Deposit: Rs. 97,662/-

Account No.0254104000169615
In favour of Paradip Port Trust
Through NEFT/RTGS and A/c.
Type of Account – SAVING
details
Branch – IDBI Bank Ltd , Paradip.
IFSC – IBKL0000254
6 Bid validity period 180 Days from the date of opening of the bid.
7 Currency of Contract Indian Rupee
8 Language of contract English

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5. Bidders with the following eligibility criteria only may participate:

5.1 Financial Criteria:

Average Annual Turnover during the last three financial years ending with
March’ 2024 should not be less than Rs.14,64,935/- (Scanned copy of the
original audited balance sheets with Profit & Loss account sheets to be submitted
in proof of turnover along with the attested copy of turn over duly certified by
chartered Accountant having UDIN number).
5.2 Similar work executed criteria:
Scanned copy of original experience certificate(s) of having successful completion of
similar type of work during the last 07 (Seven) years ending last day of month
previous to the one in which applications are invited should either of the
followings:
a)Three similar completed works each costing not less than Rs.19,53,247/-.
(OR)
b)Two similar completed works each costing not less than Rs.24,41,559/-.
(OR)
c)One similar completed work costing not less than Rs.39,06,494/-

(1) Similar work in this case shall be defined as any civil engineering work.

(2) Scanned copy of Original TDS Certificate must be uploaded along with Technical Bid,
if the work certificate from any Private Organization is submitted for the above
purpose.

6. Bid documents consisting of e-Tender Notice, Information to Bidders for e-procurement,

General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Technical
Specifications & Bill of Quantity (BOQ) in prescribed .xls format and the set of terms and
conditions of contract and tender details can be seen in the website:
https://eprocure.gov.in/eprocure/app.

7. (a) For effecting the Bid, the online Bidder shall deposit the cost of Tender Document,
EMD separately to the A/C mentioned at 4.1(B)(Bid Information) through National Electronic
Fund Transfer (NEFT) / Real Time Gross Settlement (RTGS) and obtain the
acknowledgement of the said transaction. A self signed copy of these acknowledgements
should be uploaded by the Bidder while submitting the tender in respect of documents
regarding cost of Tender Document, The cost of tender document, EMD.

The Bidder should ensure that the transaction shall be within stipulated bidding period for
that tender. No previous dues of the bidder shall be adjusted towards the above transaction
of cost of Tender Document, EMD. The bidder shall not use the same transaction in more
than one tender. Otherwise his bid will be rejected.

The account from which the cost of Tender Document, EMD will be deposited should be
in the name of Contractor/authorized person of the firm who have digitally signed the bid.
Refund of EMD in respect unsuccessful bidders will also be made to that specific A/C of the
bidder.

(b) The exemption towards cost of Tender Document and EMD Fee shall be considered
from the bidders those who have registered with NSIC (National Small Industries
Corporation) / MSE (Micro and Small Enterprises 2012) registered with District Industries
Centre (DIC) / KVIC (Khadi & Village Industries Commission) / KVIB (Khadi & Village

3
 Industries Board) / COIR Board / MOMSME ( Ministry of Micro, Small and Medium
Enterprises) / UAM (Udyog Adhar Memorandum). Such registration certificate must be
uploaded by the bidder along with the Technical Bid failing which the tender shall not be
considered.
(c) A standard form of refund of EMD/EASD is available in the tender documents at
APPENDIX-V, so as to facilitate the bidder for applying refund of EMD. Refund of EMD in
respect of unsuccessful bidders will only be made to that account from which it was
deposited by the Bidder.

8. The Bid documents will be available in the website: https://eprocure.gov.in/eprocure/app from

17.00 Hrs of 30/05/2024 upto 17:00 Hours of 20/06/2024 for online bidding.

9. The bidder must possess compatible Digital Signature Certificate (DSC) of Class-II or Class-
III.
10. All Bids are to be submitted online on the Websitehttps://eprocure.gov.in/eprocure/app. No
Bid shall be accepted off-line. The Bids shall be received only “on line” on or before
20/06/2024 upto 17:00 Hours.

11. The copies of the EPF & ESI Registration, GST Registration, PAN card, ITRs etc. should
be uploaded by the Bidder while submitting the Tender.

12. In the e-Tender System, after uploading the Bid; the bidder not to send any documents (Hard
copy) to the Tender inviting Authority before opening of Technical Bid (in case of Two Stage
Bid). After opening of the Bid, the Authenticity of the uploaded documents as per
requirement of the e-Tender document will be verified by the Tender Inviting Authority.

13. After evaluation of bid, all the bidders will get the information regarding their eligibility/pre-
qualification on website. Thereafter, a system generated e-mail confirmation will be sent to
all successful bidders. The bidders can check the same from the portal.

14. The Price-bid of the successful bidders (qualified in Technical-bid) will be decrypted and
opened on-line, on the scheduled date and after the pre-scheduled time by the Bid Openers
with their Digital Signature Certificate (DSC). The bidders can view bid opening remotely
on their personalized dash board under “Bid Opening (Live)” link. The bidders will get
the information regarding the status of their financial bid and ranking of bidders on website.

15. If there is a tie between two or more bidders for deciding the L-1 Offer then the designated
Tender Committee will finalize the tender by a transparent lottery system through video
recording in presence of the L-1 bidders or their authorized representatives. Even if any or all
L-1 bidders or their authorized representatives fail to be present at scheduled date and time
of lottery, duly informed to them, the lottery system shall be carried out by the committee to
finalize the L-1 bidder.

16. Other details can be seen in the bidding documents.

17. The authority will not be held responsible for any technical snag or network failure during on-
line bidding. It is the bidder‟s responsibility to comply with the system requirement i.e.
hardware, software and internet connectivity at bidder‟s premises to access the e-Tender
website. Under any circumstances, PPA shall not be liable to the bidders for any
direct/indirect loss or damages incurred by them arising out of incorrect use of the e-Tender
system or internet connectivity failures.

18. The authority reserves the right to reject any or all tenders without assigning any reasons
thereof and shall also not be bound to accept the lowest tender.

19. Bidder are advised to visit the site of work prior to submission of their bid. Bidder shall get
himself thoroughly familiarized with the site conditions, existing road facilities for carrying
materials etc before submission of the e-tender. He may contact the Executive Engineer, BC
Division or his authorized representative at his office at Administrative Building, Paradip Port
Authority, Dist – Jagatsingpur, Odisha -754142. In this regard. Non compliance of the same

4
 will in no way relieve the successful bidder of any of his obligations in performing the work in
accordance with this Bid Document within the quoted price.

20. The Authority are not bound to accept the lowest or any tender and reserves the right to
accept a tender in full or in part and / or reject a tender in full or in part without assigning any
reason thereof.

21. Extra Additional Security Deposit (EASD): All the bidders who will quote
beyond 15% less over the estimated cost put to tender will mandatorily deposit
5% of the estimated cost put to tender through RTGS/NEFT in favour of FA & CAO,
PPT account prior to closing of the tender. The proof documents to be uploaded in
the 1st. Cover. After opening of the tender, if this amount exceeds the required
EASD amount, the balance will be refunded to the bidder after issue of work
order or will be adjusted against the ISD. If the bidder fails to deposit the above
5% value of the estimated cost put to tender and upload the proof within specified
time the bid of the said bidder will be treated as invalid/cancelled after opening
of the price bid. Then the tender will thereafter be processed for finalization
without considering the above invalid bidder. Bidders who are required to submit
balance EASD in addition to the mandatory 5% deposit according to their
respective quoted rates, then the lowest bidder after opening of the price bid will
be informed to deposit the balance EASD amount within 10 days time. In this case,
if the concerned bidder failed to deposit the balance EASD amount within the
stipulated time, the bid of the said tender will be treated as invalid/cancelled and
action as per tender condition will be initiated against the said bidder. Then the
tender will be processed for finalization excluding the above invalid bidder and
the next lowest bidder will be given chance to deposit the requisite amount. This
clause supersedes the earlier clause to this effect.

22. The bill of supplier of goods/services will be paid only after filing of GSTR-1 and
reflection of the same under GSTIN of PPA in the GST Portal

23. VALIDITY:
The Tender shall remain open for acceptance for a period of six months from the date of
opening of techno commercial bid. If before expiry of this validity period, the bidder amends
his quoted rates or tender, making them unacceptable to the Trustees and / or withdraws his
tender, the Earnest Money deposited shall be liable to forfeiture at the option of the Trustees
/ sanctioning authority.

Sd/-
Executive Engineer,
BC Division,
Paradip Port Authority

C.C. to:-1. The CE, PPA / C.V.O., PPA for favour of kind information.
2. The S.E.(T), PPA for favour of kind information.
3. E.E.(PD)/ All EEs under Engg. Deptt., PPA for favour of information.
4. PRO, PPA for information and necessary action. He is requested to arrange
publication in the Port Gazette & abbreviation form of e-TCN in Newspaper as per
norms.
5. Commandant, CISF, Paradip Port / Notice Board.
6. All HODs, PPA for information and with request to give wide publicity to the tender
call notice in the Notice Board.
7. All Asst. Executive Engineers /All AEs/ All JEs /Superintendent / Auditors of BC
Division, PPA for information.

5
 CHECK LIST TO BE UPLOADED BY THE BIDDER

Name of Work: Providing, fixing of tiles to all rooms and renovation of the toilets of 06 Nos.
Type-C and 24 Nos. Type-B Port employees allotted Qtrs. at Nuabazar area.
Reference to Clause Uploaded If Yes,
Sl. No. (Yes/No) Page
Descriptions
No Reference
1 (a) Scanned copy of acknowledgement Clause No.6.1(A)
towards Cost of Tender Document/ of ITB
Exemption Document
(b) Scanned copy of acknowledgement Clause No.6.1(A)
towards EMD / Exemption document of ITB

3 Scanned copy of Audited Balance Sheet with Profit & Loss statement having UDIN number.
F.Y. - 2021-22
F.Y. - 2022-23 Clause No.6.1(A)
F.Y. – 2023-24 of ITB
4 Scanned copy of experience certificate of having successful completion of similar type of works
during the last seven years.
Three similar completed works costing not
a)
less than Rs. 19,53,247/- each OR
Two similar completed works costing not
b)
less than Rs. 24,41,559/- each OR Clause No.6.1(A)
c) One similar completed works costing not less of ITB
than Rs. 39,06,494/-
5 Scanned copy of Original TDS Certificate, if Clause No.6.1(A)
the work certificate is obtained from any of ITB
Private Organization.
6 Scanned copy of EPF Certificate Clause No.6.1(A)
of ITB
7 Scanned copy of ESI Certificate Clause No.6.1(A)
of ITB
8 Scanned copy of PAN Card Clause No.6.1(A)
of ITB
9 Scanned copy GST Registration Clause No.6.1(A)
of ITB
10 Scanned copy of Power of Attorney Clause No.6.1(A)
certificate, if any. of ITB
11 Copy of Income Tax Return (Last 03 Assessment years)
A.Y. - 2022-23

A.Y. - 2023-24 Clause No.6.1(A)

of ITB
A.Y. - 2024-25
12 Self declaration of the bidders that the To be uploaded
bidding firm is presently not debarred / separately.
delisted by any Govt / Quasi Govt / Public
Sector Undertaking in India / any Port Trust
13. Formats and forms dully filled and signed in
pertaining to Make in India & sharing land
border.
6
 INFORMATION TO BIDDERS (ITB)
TABLE OF CONTENT

Sl. No. TITLE

1. General information.
2. Qualifying Requirement.
3. Bid Validity
4. About BoQ
5 Earnest Money Deposit(EMD)
6 Submission of Offer.
7 Submission, Opening & Evaluation.
8 Award of Contract (AOC).
9 Fraud & Corruption.
10 Security Deposit : ISD and Retention Money
11 Termination of Contract
12 Time Schedule.
13 Right of the Board to accept / reject tender.
14 Refund of EMD
15 Techno commercial Evaluation
16 Deduction of Cess
17 Tax recoveries at source
18 Retired Govt. or Company Officer.
19 Security requirements.
20 Legal Jurisdiction.
21 The Tender.
22 Signing of the Contract.
23 General Tender to form part of Agreement.
24 Integrity Pact
25 Miscellaneous

7
 INFORMATION TO BIDDERS (ITB)
FOR e-PROCURMENT

1. GENERAL INFORMATION:
This section of the bidding documents provides the information necessary for bidders to
prepare online responsive bids, in accordance with the requirements of the Tender Inviting
Authority. It also provides information on online bid submission, opening, evaluation and
contract award.

1.1 INSTRUCTIONS FOR ONLINE BID SUBMISSION:

The bidders are required to submit soft copies of their bids electronically on the Central
Public Procurement (CPP) Portal, using valid Digital Signature Certificates. The instructions
given below are meant to assist the bidders in registering on the CPP Portal, prepare their
bids in accordance with the requirements and submitting their bids online on the CPP Portal.

1.2 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he/ she
upload the bid in time i.e. on or before the bid submission time.
(ii) While submitting the bids online, the bidder shall read the terms & conditions (of CPP
portal) and accepts the same in order to proceed further to submit their bid.
(iii) In the e-tender system, after uploading the Bid, the Bidder need not to send any
documents (hard copy) to the tender inviting authority before opening of Technical
Bid (in case of two stage bid) or Price Bid (in case of single stage bid). After opening
of the bid, the authenticity of the uploaded documents will be verified by the tender
inviting authority.
(iv) Bidder shall digitally sign and upload the required bid documents one by one as
indicated in the tender details according to specified cover.
(v) Bidders shall note that the very act of using DSC for downloading the tender
document and uploading their offers is deemed to be a confirmation that they have
read all sections and pages of the tender document without any exception and have
understood the complete tender document and are clear about the requirements of
the tender document.
(vi) Bidders shall download the Bill Of quantity, in .xls format and save it without changing
the name of the file. Bidder shall quote their rates in figures only in green background
cells, thereafter save and upload the file in financial bid cover (Price bid) only. The
bidders are cautioned that uploading of financial bid .Macros must be enable to see
the word representation of figures.
(vii) Bidders shall submit their bids through online e-tendering system to the Tender
Inviting Authority (TIA) well before the bid submission end date & time (as per Server
System Clock). The TIA will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders.
(viii) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal),
the bidders shall take print out of system generated acknowledgement number and
keep it as a record of evidence for online submission of bid.
(ix) Bidder should follow the server time being displayed on bidder‟s dashboard at the top
of the tender site, which shall be considered valid for all actions of requesting, bid
submission, bid opening etc., in the e-tender system.
(x) All the documents being submitted by the bidders would be encrypted using PKI
(Public Key Infrastructure) encryption techniques to ensure the secrecy of the data.
The data entered cannot be viewed by unauthorized persons until the time of bid
opening. The confidentiality of the bids is maintained using the secured Socket Layer
128 bit encryption technology.

8
2.0 QUALIFYING REQUIREMENT:-
The bidder shall upload the following documentary proof for fulfilling qualifying criteria as per
Clause No.5 of e-TCN.

i) Contact address of the organization/ Contact person with Mobile No., Land Phone
No., FAX No., Postal Address etc. who has issued such certificate(s).

3.0 BID VALIDITY: The validity of offer shall be 180 days from the date of opening of tender.
A bid valid for a shorter period may be rejected by the Trustee as being non responsive. In
exceptional circumstances, prior to expiry of the original tender validity period, the PPT may
request the bidder, in writing, for a specified extension in the period of validity.
4.0 The unit rates in Bill of Quantities shall be quoted strictly in figures only and macros must be
enable to see the word representation of figures.
5.0 EARNEST MONEY DEPOSIT: -
5.1 (a) The Bidder shall deposit EMD as mentioned in the e-TCN through NEFT/RTGS as
mentioned in Table No.4.1 (B).
(b) Any Firm registered with National Small Industries Corporation (NSIC)/ MSE
(Micro and Small Enterprises 2012) registered with District Industries Centre
(DIC) / KVIC (Khadi & Village Industries Commission) / KVIB (Khadi & Village
Industries Board) / COIR Board/MOMSME (Ministry of Micro, Small and Medium
Enterprises) / UAM (Udyog Adhar Memorandum), irrespective of relevance of the
product category is exempted towards deposit of cost of Tender Document and EMD
for the subject tender. Such registration certificate must be uploaded by the bidder
along with the Technical Bid failing which the tender shall not be considered.

6.0 SUBMISSION OF OFFER: -

6.1 The tender shall be submitted online in Two Cover system duly scanned and digitally signed
by the authorized representative of the bidder as follows:
(A) Cover -1 (Technical Bid)
Online bids should be submitted containing original scanned copy of following document in
Cover-1.
i) Checklist
ii) Acknowledgement copy for Cost of the Tender Document deposited or scanned
copies of valid NSIC/MSME certificates.
iii) EPF Registration Certificate
iv) ESI code Certificate
v) PAN card
vi) GST Registration Certificate.
vii) Income Tax Return of preceding three assessment years
viii) Power of Attorney certificate, if any
ix) Experience certificate for completed similar work(s) having Schedule Date of
Commencement & Completion, Actual Date of Completion, Contract Value, Actual
Executed Value etc. In addition to this, Bidder should upload the Work Order(s) & Bill
of Quantity(ies) in respect of completed similar work(s), Contact address of the
organization/ Contact person with Mobile No., Land Phone No., FAX No., Postal
Address etc. who has issued such certificate(s).
x) Original audited balance sheets with Profit & Loss account statement for last three
Financial years ending 31st March 2023 with its ITRs.
xi) Scanned copy of original TDS Certificate if the work completion certificate has been
obtained from any Private Organization.
xii) Scanned copies of formats dully filled and signed in against Make in India and
Sharing Land Border with India.
9
 N.B.: The verified acknowledgement for Sl.(ii) above will be a part of agreement in
case of the successful.

(B) Cover-2 (PRICE BID)

i) Online bids containing the Price Bids for the work in the Bill of Quantity [BoQ] format. In the e-
Procurement Portal, an intelligent Bill of Quantity in Microsoft Excel format shall be made available
to the bidder. For Item rate tenders the bidder shall fill in rates in figures and should not leave any
cell blank. The line item total in words and the total amount shall be calculated by the system and
shall be visible to the bidder. He has to only write (type) the figures, the words will be self generated
(Enabling macros).
7.0 SUBMISSIONS, OPENING & EVALUATION:
7.1 The bid should be submitted online at website eprocure.gov.in/eprocure/app only, by the due
date mentioned in e-Tender Notice. The Server Date & Time as appearing on the website
eprocure.gov.in/eprocure/app shall only be considered for the cut-off date and time for
submission of bids. Offers sent through post, telegram, fax, telex, e-mail, and courier or by
any other mode will not be considered. In case of date of opening is declared as holiday
tender will be opened on next working day.
7.2 The system shall consider only the last bid submitted through the e-Procurement portal.
Conditional bids shall be rejected out-rightly.
7.3 For this tender, withdrawal of bid is not allowed.
7.4 Only those bidders shall be considered qualified by PPT, who submit Cost of the Tender
Document(exemption for NSIC/MSME) , accept all the terms & conditions of the Tender
document unconditionally and meet the qualifying requirement stipulated in the Tender
document. The decision of the PPT shall be final and binding in this regard.
7.5 During evaluation and comparison of the bids, the purchaser may, at his discretion, ask the
bidder for clarification on the bid. The request for clarification shall be given in writing by
registered/ Speed Post/Registered e-mail/uploaded on the e-procurement Portal, asking the
tenderer to respond by a specified date, and also mentioning therein that, if the tenderer
does not comply or respond by the date, his tender will liable to be rejected. Depending on
the outcome, such tenders are to be ignored or considered further. No change in prices or
substance of the bid shall be sought, offered or permitted. No post-bid clarification at the
initiative of the bidder shall be entertained. The shortfall information/documents should be
sought only in case of historical documents which pre-existed at the time of the tender
opening and which have not undergone change since then. (Example: if the Permanent
Account Number, registration with GST has been asked to be submitted and the tenderer
has not provided them, these documents may be asked for with a target date as above). So
far as the submission of documents is concerned with regard to qualification criteria, after
submission of the tender, only related shortfall documents should be asked for and
considered. For example, if the bidder has submitted a supply order without its completion/
performance certificate, the certificate can be asked for and considered. However, no new
supply/work order should be asked for so as to qualify the bidders.
7.6 The bidder shall bear all cost associated with the preparation & submission of its bid and
the PPT will in no case be responsible or liable for these cost, regardless of the conduct or
outcome of the tendering process.
7.7 Bid opening dates are specified during tender creation or can be extended vide corrigendum.
Note: Any addendum/corrigendum thus issued shall be notified in the website
eprocure.gov.in/e-procure/app, notice board and through paper publication.
7.8 The Bid openers; who have been pre-defined shall log on to the portal with their respective
DSC. Unless all the Officers who have been declared as Opening officers, log on the portal
with their DSC the Tender cannot be opened
7.9 After opening of the Bid, the authenticity of the uploaded documents as per requirement of
the e-Tender Document will be verified by the Tender Inviting Authority.
7.10 After evaluation of bid, all the bidders will get the information regarding their eligibility on
website.
7.11 Price Bid will be opened on the 4th day after uploading of details of prequalification of bidders
and the date of price bid opening would be intimated to the prequalified bidders through e-
Procurement Portal.
10
7.12 The Price Bid will be opened & evaluated on the notified date & time by the Bid Openers with
their Digital Signature Certificate (DSC) in the presence of bidders or their authorized
representative who wish to be present. The Financial bid of the bidders shall be opened one
by one by the bid Openers. The system shall auto generate the Comparative Statement. The
bidders can view bid opening remotely on their personalized dash board under “Bid Opening
(Live)” link.
7.13 After evaluation of bid, all the bidders will get the information regarding their eligibility on
website. Thereafter, a system generated e-mail confirmation will be sent to all successful
bidders. The bidders can check the same from the portal. The bidder will get the information
regarding the status of their financial bid and ranking of bidders on website.

8.0 AWARD OF CONTRACT (AOC).

8.1 The bidder whose bid has been accepted will be notified for the award by the PPT prior to
expiration of the Bid validity period through the “Letter of Intent”, which will state the sum that
the PPT will pay to the Contractor in consideration of the execution, completion by the
Contractor as prescribed in the Contract.
8.3 The Bidder shall promptly check their e-mailbox registered with CPP Portal for receipt of any
information/clarification/ correspondence in respect of their bid. PPT shall not be responsible
for non-receipt/failure of e-mail to the bidders.
8.4 If any of the information furnished by the bidder is found to be incorrect, the Bid/ contract is
liable to be rejected/terminated
8.5 PPT reserves the right to cancel the tender without assigning any reason thereof.
8.6 Conditional offers are liable for rejection.
8.7 Bids from those bidders who have not submitted their offer as per e-Tender Notice will not be
considered.
9.0 FRAUD AND CORRUPTION:
9.1 The Engineer-in-Charge will reject a proposal for award if he determines that the bidder
recommended for award has been engaged in corrupt or fraudulent practices in competing
for the contract in question. He will report to the Officer Inviting Bid / next higher authority.
9.2 Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited &
the tenders submitted by the contractors who resort to canvassing will be liable for rejection
9.3 The details of work to be carried out and its scope are given in the “Tender Document” of
these documents, which also indicate a brief description of the Project where work is to be
executed. The tenderers are advised to study the same carefully before tendering and they
shall be deemed to have full acquainted themselves with the same.

9.4 The bidders; in their own interest, are advised to inspect and examine the site and its
surrounding and satisfy themselves, before submitting their tenders, in respect of the site
conditions including but not restricting to the following which may influence or effect the work
or cost thereof under the contract.
9.5 If any earlier fraud or corrupt cases was found against any bidder, the Trustees have the
right to cancel the bid for that corrupt /fraudulent bidder and may also debar him from
participating in future tenders.

10. SECURITY DEPOSIT:-

INITIAL SECURITY DEPOSIT (ISD) & RETENTION MONEY:
A sum of 10% accepted value of the tender shall be deposited by the successful tenderer
(Contractor) as Security Deposit (SD). This may be deposited initially 1% value of the
contract as initial security deposit (ISD) after issue of letter of intent & after deducting the
EMD and ISD from the stipulated security deposit, the balance amount may be recovered in
installment through deduction at the rate of 10% of the value of each running account bill
subject to attaining the required amount by the last running bill. EMD of the successful
bidder may be refunded to the bidder after receiving an equivalent amount of irrevocable
Bank Guarantee only after issue of work order.
Note:-
11
 a) Bank Guarantee should contain the name, reference of works, supplies or orders for
which the guarantees are given as per the prescribed format given at APPENDIX-II.

b) The bank guarantee should preferably be issued from any of the branches of a
scheduled bank functioning at Paradip. In case the bank guarantee cannot be given from
a schedule bank functioning at Paradip then the bank guarantee should be en-cashable
in a branch of a schedule bank functioning at nearest possible branch of the bank to
Paradip. The bank guarantee itself should provide the encashability and be
countersigned by the branch in-charge on presentation of the bank guarantee.

c) Extra Additional Security Deposit (EASD): Extra Additional Security Deposit (EASD)
wherever applicable will be collected from the successful bidder along with the Initial
Security Deposit (ISD) after issuing the Letter of Intent (LOI). Back-out from the offer by
the participating bidder after opening of Technical Bid (in case of two stage bid) or price
bid (in case of single stage bid) OR non deposit of EASD by the successful bidder will
liable for forfeiture of EMD and suitable action shall be taken up against the bidder as per
decision of competent authority of PPA. EASD may be accepted in form of Demand
Draft, Bankers Cheque, Bank Guarantee in favour of Paradip Port Trust, IFSC:
ICIC0000776, Branch: Paradeep and must be drawn on any scheduled Bank located at
Paradip.

d) Extra Additional Security Deposit (EASD) & Its Calculation : Over and above the E.M.D,
tenderer quoting the rebate more than 15% on the cost of work put to tender shall have to
pay an ‘Extra Additional Security Deposit’ (E.A.S.D) separately. EASD wherever
applicable will be collected from the successful bidder along with the Initial Security
Deposit (ISD) after issuing the Letter of Intent (LOI). Back-out from the offer by the
participating bidder 20 after opening of Technical Bid (in case of two stage bid) or price
bid (in case of single stage bid) OR non deposit of EASD by the successful bidder will
liable for forfeiture of EMD and suitable action shall be taken up against the bidder as per
decision of competent authority of PPA. EASD may be accepted in form of Demand
Draft/Bankers Cheque/Bank Guarantee in favour of Paradip Port Trust, IFSC:
ICIC0000776, Branch: Paradeep and must be drawn on any scheduled Bank located at
Paradip. Extra Additional Security Deposit (E.A.S.D) = A x cost of work put to tender
100 Where A = Percentage rebate quoted on the cost of work put to tender by the tenderer
minus 15 (Fifteen). Example: If the tenderer desires to quote percentage rebate 25%
(Twenty five) percent, then the Extra Additional Security Deposit (E.A.S.D) shall be
worked out as under. E.A.S.D Amount = (25 – 15) x cost of work put to tender.
Note :1. The Demand Draft/ Banker’s Cheque/ Bank Guarantee shall be initially valid
upto scheduled completion and subsequently be extended upto actual completion. 2. The
E.A.S.D will be released on satisfactory completion of the work.

11. TERMINATION OF THE CONTRACT:

Without being liable for any compensation to the Contractor, the employer /Trustees may, after
giving 14 days notice in writing, to the contractor, can terminate the contract and enter upon
the site and expel the contractor there for any of the following reasons and decisions of the
Trustees in this respect, as communicated by the Engineer shall be final and conclusive:

(i) Has abandoned the contractor

(ii) Without reasonable excuse has failed to commence the works or has suspended the
progress of the work for 28 days after receiving from the Engineer written notice to
proceed or
(iii) Has failed to remove materials from the sites or to pull down and replace work for 28 days,
after receiving from the Engineer written notice that the said materials or work has been
condemned and rejected by the Engineer under these conditions or.
(iv) If not executing the works in accordance with the contract or is persistently or flagrantly
neglecting to carry out his obligations under the contract or.
(v) Has to determent of good workmanship or in defiance of the Engineers instruction to
contrary sublet any part of contract, then the employer may after giving 14 days notice in
writing to the contractor enter upon the site and the works and expel the contractor there
12
 from any of his obligations or liabilities under the contractor or affecting the rights and
power conferred on the employer or the engineer by the contract and may him self
complete the works or may employee another contractor to complete the work and the
employer or such other contractor may use for such completion so much of the
constructional plant temporary work and materials which has been deemed to the
reserved exclusively for the construction and completion of the works under the provision
of the contract as he or they may think proper and the employer may at any time sell any
of the said constructional plant temporary works and unused materials and apply the
proceeds of sale in or towards the satisfactions of any sumps due or which may become
due to him from the contractor under the contract.
(vi) In the opinion of the Engineer, either the progress of work is not satisfactory or the work
is not likely to be completed within the agreed period on account of contractor‟s lapses.
.
(vii) Any bribe, commission, gift or advantage is given, promised or offered by or on behalf of
the contractor any officer, servant or representative of the Trustees or to any person on his
or their behalf in relation to the obtaining or to the execution of the contract.
(viii) The Contractor is adjusted insolvent or enters into composition with his creditors or
being a company goes into liquidation either compulsory or voluntary.

12.0 TIME SCHEDULE:

The time allowed for carrying out the work is 12 (Twelve) Months including Rainy Season.
12.1 BAR CHART :The L-1 tenderer shall submit a realistic Bar Chart within 15 days from date of
issue of Work Order based on “Schedule of Construction” showing commencement and
completion times of various sections of the proposed works including supply and delivery of
all important items of his contract.
13.0 RIGHT OF THE BOARD TO ACCEPT OR REJECT TENDER:
The board does not bind itself to accept the lowest tender and reserves to itself the authority
to reject any or all the tenders received without assigning any reason whatsoever.
Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the
tenderer(s) who resort to canvassing will be liable to rejection.
GST would be applicable @18% for works contract and will be paid extra. The Contractor
has to upload GST registration certificate along with the tender document.
14.0 Refund of Earnest Money:
The Earnest Money received, will be refunded / released within 15 days, as the case may be,
to the unsuccessful bidders without any interest after opening of the price bid of the e-tender
document.
15.0 During techno commercial Evaluation of tender, an offer shall be considered nonresponsive
in case :-
i) is not accompanied by requisite earnest money or relevant documents in case of
exemption.
ii) is not accompanied by requisite tender paper cost.
iii) it does not meet the qualification criteria as stipulated in the NIT.
iv) The bidder submit conditional offer / impose own term and conditions / does not accept
tender conditions completely.
v) 6 months validity from the date of opening of techno commercial bid is not accepted /
agreed to as per the tender condition.
vi) offer /tender is submitted with any deviation from the tender term and condition.

In addition to above, a bidder may be disqualified if –

a) The bidder provides misleading or false information in the statements and documents
submitted.
b) Record of unsatisfactory performance during the last seven years.
The decision of Paradip Port Trust in this regard shall be final and binding on the bidder .

13
 Scanned copy of PAN Card of the firm shall be uploaded along with the tender document
failing which the Bid may not be considered. Income Tax as per the Act shall be deducted
from the Bill of the contractor.
16.0 An amount of Cess calculated @1% of the billed amount shall be progressively recovered
from each running bill as well as from the final bill of the contractor for onward transmission
of the same by the appropriate authority. Other statutory deduction will also be made as
applicable at the time of payment.
17.0 TAX RECOVERIES AT SOURCE:
Any type of taxes applicable to the subject contract, duties, service charges, rents, etc. as
may be deductible would be deducted at source from the running payments of the
contractor/firm by Paradip Port Trust at the time of effecting payments as contained in the
provisions of relevant Acts/Laws.
As per law, if there is any provision for reimbursement/payment of any type of taxes by the
employer, the same shall be done accordingly.
18.0 RETIRED GOVERNMENT OR COMPANY OFFICERS:
No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or
Administrative duties in Engineering Department of the State/Central Government or the
Paradip Port Trust is allowed to work as a contractor for the period of two years after his
retirement from Government service or from the employment of the Paradip Port Trust
without the previous permission of the State/Central Government/Paradip Port Trust, as the
case may be. The contract, if awarded, is liable to be cancelled if either the contractor or any
of his employee is found at any time to be such a person, who had not obtained the
permission of the State/Central Government or the Paradip Port Trust as aforesaid, before
submission of tender or engagement in the contractor‟s service as the case may be.

19.0 SECURITY REQUIREMENTS:

Where the works are to be carried out within the prohibited area of the Port, the contractor(s)
is required to obtain necessary permits/passes for his men and materials and vehicle for
entering the Security Zone at his own cost on deposit of required fees with Paradip Port
Trust. He is also required to comply with the Port Security Requirement as may be notified
from time to time.

20.0 LEGAL JURISDICTION:

All disputes are subject to exclusive jurisdiction of courts at Kujanga, Odisha only.

21.0 THE TENDER:

The amount quoted by the tenderer in the schedule of quantities and rates shall be inclusive
of all costs. No additional claim for extra cost etc will be entertained unless specified in the
tender.

22.0 SIGNING OF THE CONTRACT:

The successful tenderer shall be required to execute an agreement in the proforma attached
with the tender documents as APPENDIX-I with Odisha State Stamp paper of proper value
within 30 days from the date of issue of the work order.

23.0 GENERAL TENDER TO FORM PART OF AGREEMENT:

This general e-Tender Notice, Information to bidders shall be deemed to form part of the
Agreement.

24.0 INTEGRITY PACT:

All the works, procurement / contracts with threshold value of Rupees five crores and
above may be included in the Integrity Pact as detailed out in the format given at
APPENDIX-VIII and accordingly entrusted to the Independent External Monitor (IEM) for
effecting transparency and maintaining quality. Sri Ashutosh Mishra, IAS (Retd.), Plot
No.3, Prashasan Nagar, Road No.72, Jubilee Hills, Hyderabad-500110, Telangana and
Shri Srinivasan Rangarajan, IRSME (Retd.), C-1, Rail Nagar, Podanur, Coimbatore-
641023 have been appointed as IEM for Paradip Port Trust by CVC.

14
25. MISCELLANEOUS:
i) Bidders shall submit his offer for complete scope of work, strictly in accordance with the
tender document. Any deviation from the tender document and / or any in complete tender
shall not be considered.
ii) The bidder shall not impose his own terms and conditions in his offer or quote his rates
based on his own terms and conditions, such e-tenderers are liable to rejection at the option
of the trustees without further reference to the bidder.
„
iii) All materials shall have to be procured by the successful bidder and shall be of the best and
approved quality conforming to relevant specifications. The successful bidder shall also
arrange for supply of all labour, tools and plants as stipulated in the special conditions of the
contract, required for efficient execution of the work.
iv) all measuring units are in metric system and the rates and sums in the tender are in India
Currency. The language used throughout shall be in English.
v) the tender documents with all the enclosures, appendices, abstract form of tender and form
of tender shall be required to be complete, duly filled in and signed and uploaded.
vi) Contractor has to furnish a valid Mobile no.
vii) the bidder shall give a declaration about the names of their relations employed in Paradip
Port Trust. It is not to intention to debar the contractors from working if their relatives are
working in PPT but such a declaration is necessary in the interest of Trustees against any
possible lapses.

Sd/-
SIGNATURE OF THE TENDERER Executive Engineer,
BC Division
Paradip Port Authority.
Paradip- 754142
Dist- Jagatsinghpur
Odisha

15
 CONDITIONS OF CONTRACT

CIVIL WORKS

2004

CONDITIONS OF CONTRACT
PART: 1 GENERAL CONDITIONS
DEFINITION AND INTERPRETATION

DEFINITIONS : 1.1 In the Contract (as herein after defined) the following words and
expressions shall have the meaning hereby assigned to them, except
where the context otherwise requires.
(a) “Employer” means the party named in Part-II who has called for Tenders
to build or construct, erect or deliver the works and who will employ the
Contractor and the legal successors in title to the Employer but not
(except with the consent of the Contractor) any assignee of the Employer.
(b) “Contractor” means the persons, firm or company whose tender has been
accepted by the Employer and includes the contractor‟s personal
representatives, successors and permitted assigns.
(c) “Engineer” means the Chief Engineer/Chief Mechanical Engineer/Chief
Engineer (Mech./Elect.) designated as such in Part-II).
(d) “Consultant” means the person or persons, firm or company designated
as such in Part-II.
(e) “Engineer‟s Representative” means any Representative or the Engineer
to perform such duties as mentioned in Clause 2.1 and 2.2. thereof
whose authority shall be notified in writing to the Contractor by the
Engineer.
(f) “Works” means the works to be executed in accordance with the
Contract.
(g) “Contract” means the notice inviting the tender, the tender and
acceptance thereof and the formal agreement, if any, executed between
the Employer and the Contractor together with the documents referred to
therein including these Conditions, with appendices and any special
conditions, the specifications, designs, drawings period schedule/bills of
quantities and schedule of rates. All these documents taken together shall
be deemed to from one contract and shall be complementary to one
another.
(h) “Contract Price” means the sum named in the Tender subject to such
additions there to or deductions there from as may be made under the
provisions hereinafter contained.
(i) “Constructional Plant” means all appliances or things of whatsoever
nature required in or about the execution, completion or maintenance of
the Works or Temporary Works (as hereinafter defined) but does not
include materials or other things intended to form or forming part of the
permanent work.
(j) “Temporary Works” means all temporary works of every kind required in
or about the execution, completion or maintenance of the work.
(k) “Drawings‟ means the drawings referred to in the specification and any
modification of such drawings approved in writing by the Engineer and
such other drawings as may from time to time be furnished or approved in
writing by the Engineer or in case of contractor‟s alternate designs,
drawings submitted by the contractor and approved by the Engineer.
(l) “Site” means the lands and other places on under in or through which the
works are to be executed or carried out and any other lands or places
provided by the Employer for the purpose of the contract together with
such other places as may be specifically designated in the Contract as
forming part of the Site.
(m) “Approved” means approved in writing including subsequent written
confirmation of previous verbal approval and “approval” means approval
in writing including as aforesaid.
16
 (n) “Market Rate” means the rate as decided by the Engineer on the basis of
the cost of materials and labour to the contractor at the Site where the
works are to be executed, plus the percentage mentioned in schedule to
cover all overheads and profit.

(o) “Prime Cost” & “Prime Cost Sum” means the amount actually paid by the
contractor for any article, commodity or special work and shall include all
proper charges for packing, carriage and delivery to Site after deduction
of all trade discounts, rebates and allowance & the discount obtainable for
cash in so far as such discount for cash exceed 2½ percent.
(p) “Nominated Subcontractor” means all specialists, merchants, tradesmen
and others executing any special work or supplying any materials for
which provisional or prime cost sum are included in the contract, who may
have been or be nominated or selected or approved by the
Employer/engineer and shall be deemed to be employed by the
contractor.
(q) “Provisional Sum” or “Provisional Lumpsum” means a lumpsum included
by the Employer in the tender documents and shall represent the
estimated value of work for which details are not available at the time of
issue of tender.
(r) “Schedule(s) referred to in these conditions shall mean the relevant
Schedule(s) annexed to the tender paper issued by Employer.
(s) “A Week” means, seven days without regard to the number of hours
worked in any day in the week.
(t) “A Day” means a day of 24 hours from midnight to the next midnight
irrespective of the number of hours worked in that day.
(u) “A month” means month according to Gregorian Calendar.
Singular & Plural 1.2 Words Importing the singular only also include the plural and vice versa
where the context requires.
Marginal 1.3 The marginal headings or notes in these General Conditions shall not be
Headings or deemed to be part thereof or be taken into consideration in the
Notes interpretation or construction thereof or of the Contract.
ENGINEER’S REPRESENTATIVES
Duties and 2.1 The duties of the Engineer‟s Representative are to watch and supervise
Power of the works and to test and examine any materials to be used on
Engineer’s workmanship employed in connection with the works. He shall have no
Representative authority to relieve the contractor of any of his duties or obligations under
the contract nor except as expressly provided hereunder or elsewhere in
the contract to order any work involving delay or any extra payment by
the employer nor to make any variation of or in the works.
2.2 The Engineer may from time to time in writing delegate to the Engineer‟s
Representative any of the Powers and authorities vested in the Engineer
and shall furnish to the contractor a copy of all such written delegations of
powers and authorities. Any written instruction or approval given by the
Engineer‟s Representative to the contractor within the terms of such
delegation (but not otherwise) shall bind the contractor and the Employer
as though it had been given by the Engineer. Provided always as follows:-
(a) Failure of the Engineer‟s Representative to disapprove any work or
materials shall not prejudice the power of the Engineer thereafter
disapprove such work or materials and down, removal or breaking up
thereof.
(b) If the contractor shall be dissatisfied by reason of any decision of the
Engineer‟s Representative, he shall be entitled to refer the matter to the
Engineer who shall thereupon confirm, reverse or very such decision.
ASSIGNMENT AND SUBLETTING
Assignment Sub- 3.1 The contractor shall not assign the contractor or any part thereof or any
Letter benefit or interest therein or there under without the prior written consent
of the Employer.
3.2 The contractor shall not sublet the whole of the works, except where
otherwise provided by the contract, the contractor shall not sublet any
part of the works without the prior written consent of the Engineer (which
shall not be unreasonably withheld) and such consent if given shall not
17
 relieve the contractor from any liability or obligation under the contract
and he shall be responsible for the facts defaults and neglects of any sub-
contractor, his agents, servants, or workmen, provided always that the
provisions of labour on piecework basis shall not be deemed to be a
subletting under this clause.
EXTENT OF CONTRACT
4.1 The contract comprise the construction, completion and maintenance of
the works and except in so far as the contract otherwise provides, the
provisions of all labour, materials, constructional plant, Temporary works
and everything whether of a temporary or permanent nature required in
and for such construction completion and maintenance so far as the
necessity for providing the same is specified in or reasonably to be
inferred from the contract.
CONTRACT DOCUMENTS
Languages 5.1.1 The language or languages which the contract documents shall be drawn
up shall be English.
Documents 5.1.2 Except if and to the extent otherwise provided by the contract the
Mutually provisions of the General conditions and conditions of particular
Explanatory applications shall prevail over those of any other document forming part
of the contract. Subject to the forgoing the several documents forming the
contract are to be taken as mutually explanatory of one another but in
case of ambiguities or discrepancies the same shall be explained and
adjusted by the Engineer who shall there upon issue to the contractor
instructions directing in what manner the work is to be carried out.
5.1.3.1 If there are varying or conflicting provisions made in any one document
forming part of the contract, the contract, the Engineer shall be the
deciding authority with regard to the intention of the document.
5.1.3.2 Any error in description, quantity or rate in schedule or works/items or Bill
of Quantities or any commission there from shall not vitiate the contract or
release the contractor from the execution of the whole or any part of the
works comprised therein according to Drawing and specifications from
any of his obligations under the contract.
Custody of 5.2.1 The Drawing shall remain in the sole custody of the Engineer but two
Drawing copies thereof shall be furnished to the contractor free of cost. The
contractor shall provide and make at his own expense any further copies
required by him. At the completion of the contract the contractor shall
return to the Engineer all drawing provided under the contract, if so
desired by the Engineer. The contractor shall give adequate notice in
writing to the Engineer or the Engineer‟s Representative of any further
drawing or specification that may be required for the execution of the
works or otherwise under the contract.
In case of alternative design submitted by the contractor is accepted by
the Engineer and works executed as per alternative design, the original
tracing and copies of drawings which may be with the contractor, shall be
handed over to the Engineer on completion of the work and such tracing
and drawing shall become the property of the Engineer.
One copy of 5.2.2 One copy of the drawings furnished to the contractor or prepared by the
Drawings to be contractor and approved by the Engineer in case of contractor‟s
kept on site alternative designs as aforesaid shall be kept by the contractor on the site
and the same shall at all reasonable items be available for inspection and
use by the Engineer and the Engineer‟s Representative and by any other
person authorised by the Engineer in writing.
Further Drawings 5.3 The Engineer shall have full power and authority to supply to the
and Instructions contractor by the Employer, from time to time during the progress of the
works such further Drawings and instructions as shall be necessary for
the purpose of the proper and adequate execution and maintenance of
the work and the contractor shall carry out and be bound by the same.
GENERAL OBLIGATIONS
Contract 6.1 The contractor will be required to enter in to a formal agreement with the
Agreement Employer incorporating the conditions of contract in the form prescribed
by the Engineer with such modifications as may be necessary at the cost
of contractor. All costs, charges and expenses including stamp duty
18
 incurred in connection with the contract as well as preparations and
completion of agreement/shall be borne by the contractor. Until such
contact is executed the acceptance of the tender in terms of the contract
as defined in clause 1.1 (g) shall be binding upon the parties and shall be
contract.
Earnest Money 6.2.01 The amount of earnest money shall be 1% of the estimated cost put to
tender subject to the minimum of Rs.50 and maximum of Rs.20,000/-.
Security Deposit 6.2.1 A If the estimated cost of work does not exceed Rs.50,000/-
(i) A sum of worked out on the basis of 2% the accepted tender shall be
deposited by the contractor towards security in the form of cash,
irrevocable bank guarantee, Govt. Securities, approved bank deposit
receipts and other securities approved by the employer, within 14 days of
placement of work order. This will remain in force throughout the period of
contract including the maintenance period and will be refunded thereafter.
(ii) Further 2% retention money of the said accepted tender cost will be
deducted in installments at the rate of 2% from each of the Contractor‟s
running bills.
B If the estimated cost of work exceeded Rs.50,000/-
(i) A sum worked out on the basis of 5% of the accepted tender shall be
deposited by the contractor towards security in the form of cash,
irrevocable bank guarantee, Govt. securities, approved bank deposit
receipt and the others securities approved by the employer within 23 days
of placement of work order.
(ii) Retention money at the rate of 5% of the certified bill will be deducted
from each running bill subject to a maximum of 3% of the contract price.
(iii) Refund of the security deposit and the retention money to the contractor
will be made on the lines specified in clause 6.2.3 of conditions of
contract. Provided however, that contractor will have option to furnishing
irrevocable Bank Guarantee, Government securities, approved Bank
deposit receipt and other securities approved by the employer in lieu of
the retention money in cash referred to in sub-clause A (ii), B (ii) above.
Retention Money 6.2.2 A Percentage as stated in Part II will be deducted from each running bill
subject to a maximum accumulation of the sum stated in Part II.
6.2.3 The amount as stated in clauses 6.2.1 and 6.2.2 will not bear any interest.
Half of the above sum will be refunded to the contractor, if he so desires
on substantial completion and/or handling over of the work to the
satisfaction of Engineer, the balance being held in deposit as security for
a satisfactorily maintaining the works free from defects for a period of 6
months after the date of completion of works. If during this period of 6
months any defects are notified which in the opinion of the chief Engineer
are due to bad materials, used and or defective workmanship the
contractor shall be required to carry out at contractor‟s cost, such repairs
as the Chief Engineer considers necessary or in the event of contractor
failing to do this within a notified time, the Chief Engineer may arrange for
such repairs to be carried out and deducted the cost of such rectification
of the defects from the amount retained without prejudice to the recovery
of any amount that may have been spent in excess of the deposit. For
purpose of this clause, the period of 6 months shall count from the date of
handling over of the works by the Contractor to the Chief Engineer.
Inspection of Site 6.3 The Tender shall be deemed to have been based on such date regarding
hydrological climate and physical conditions nature of ground and
underlying strata as shall have been supplied by the Employer in the
documents furnished to the contractor by the Employer for the purpose of
tendering. The contractor shall never the less inspect and examine the
site and its surroundings and shall satisfy himself before submitting his
Tender as to the from and nature of the site the quantities and nature of
work and materials necessary for the completion of the work and the
means of access to the accommodation be may require and in general
shall himself obtain all necessary information as to risks contingencies
and other circumstances which may influence or effect his Tender.
Sufficiency of 6.4.1.1 The Contractor shall be deemed to have satisfied himself before
Tender tendering as to the correctness and sufficiency of his tender for the works
19
 and of the Rates and prices stated in Price Bill of Quantities and the
Schedule of Rates and Prices (if any) which Rates and prices shall except
in so far as it is otherwise provided in the contract cover all his obligations
under the contract and shall cover matters and things necessary for the
proper completion and maintenance of the works.
6.4.1.2 If the contractor suggests alternative designs he shall be deemed to have
collected all relevant information and conducted all necessary tests
required for the proper execution of the work based on his alternative
design before tendering.
Work to be 6.5 The contractor shall execute complete and maintain the works in strict
Satisfaction of accordance with the contract to the satisfaction of the Engineer and shall
Engineer comply with and adhere strictly to the Engineer‟s instructions and
directions on any matter (Whether mentioned in the contact or not)
touching or concerning the works. The Contractor shall take instructions
and direction only from the Engineer or (Subject to the limitations referred
no in Clause 2 here of from the Engineer‟s Representative.
Programme to 6.6.1 The execution of the work shall be so planned as to cause little
be Furnished impediment as practicable to the working of the Port in General.
6.6.2 The contractor shall submit to the Engineer, within one month or further
period as may be permitted by the Engineer after receipt of the
acceptance letter for the tender, a detailed PERT/CPM network based
programme for completion of work in the form of a detailed network and
Bar Charts both in triplicate. The network shall include the various
activities involved in the execution of the work and their
interdependencies and the time required for completion of the different
activities. The progress of the work shall be periodically reviewed and the
network will be up-dated by the contractor every three months and three
copies of this shall be supplied expeditiously to the Engineer. The
contractor shall submit to the Engineer during the first week of every
calendar month the up-to-date progress and the progress made during
the previous month on important sections or portions of the work in
relation to the network programme.
6.6.3 The contractor shall submit the Engineer within one month or further
period as may be permitted by the Engineer after the receipt of the
acceptance letter for the tenders, a statement indicating his estimates,
based on the detailed and approved network, of the gross and the net
amounts that would become payable to him at the end of each month
during the progress of the works, to enable the employer to arrange for
the required funds. In case a revision of such an estimate is considered
necessary by the Contractor he will be allowed to furnish a revised
estimate based again on approved network, provided it is received
sufficiently in advance of the actual date payment of a monthly certificate.
6.6.4 The contractor shall submit to the Engineer for his approval full details
and drawings for the design or any Temporary works which he proposes
to construct sufficiently in advance as directed by the Engineer depending
on the nature of the work before work on the erection of any such
Temporary works commences on the site.
6.6.5 The submission to and approval by the Engineer or Engineer‟s
Representative of such programme or the furnishing of such particulars
shall not relieve the contractor or any of the duties or responsibilities
under the contract in connection with the works or Temporary Works.
Contractor’s 6.7 The contractor shall give or provide all necessary superintendence during
Superintendence the execution of the works and as long thereafter as the Engineer may
consider necessary for the proper fulfilling of the contractor‟s obligations
under the contract. The contractor or competent and authorized agent or
representative approved of in writing by the Engineer (which approval
may at any time be withdrawn) is to be constantly on the works and shall
give his whole time to the superintendence of the same. If such approval
shall be withdrawn by the Engineer the contractor shall as soon as is
practicable after receiving written notice of such withdrawal remove the
agent from the site and shall not thereafter employ him again on the site
in any capacity and shall replace him by another agent approved by the
20
 Engineer such authorized agent or representative shall receive on behalf
of the contractor directions and instructions from the Engineer or (subject
to the limitations of clause 2 Hereof) the Engineer‟s Representative.
Contractor’s 6.8.1 The contractor shall provide and employ on the site connection with the
Employees execution and maintenance of the works.
(a) Only such technical assistants as are skilled and experienced in their
respective callings and such sub-agents foremen and leading hand as are
competent to give proper supervision to the work they are required to
supervise and.
(b) Such skilled, semiskilled and unskilled labour as is necessary for the
proper and timely execution and maintenance of the works.
6.8.2 The Engineer shall be at liberty to object to and require the contractor to
remove forthwith from the works and person employed by the contractor
in or about the execution or maintenance of the works who in the opinion
of the Engineer misconduct himself or is incompetent or negligent in the
proper performance of his duties or whose employment is otherwise
considered by the Engineer to be undesirable of the Engineer. Any
persons so removed from the works shall be replaced as soon as
possible by a competent, substitute approved by the Engineer.
6.8.3 The Employer shall be at liberty to terminate the contract if the successful
tender himself or any of his partners/employees or any of his directors
who having held class I post in the Port Trust prior to his retirement has
failed to obtained the Chairman‟s Port Trust specific permission to
undertake any outside employment before the expiry of two years from
the date his retirement, in accordance with the provisions of the
…………………………..…… Port Trust Class I employees. (Acceptance
of employment after retirement) Regulations 1975.
Setting Out 6.9 The contractor shall be responsible for the true and proper setting out of
the works in relation to original point lines and level of reference given by
the Engineer in writing and for the correctness (subject as above-
mentioned) of the position levels dimensions and alignment of all parts of
the works and for the provision of all necessary instruments appliances
and labour in connection therewith. If at any time during the progress of
the works any error shall appear or arise in the position levels dimension
or alignment of any part of the works the contractor on being required so
to do by the Engineer or Engineer‟s Representative shall at his own
expense rectify such error to the satisfaction of the Engineer or
Engineer‟s Representative. The Checking of any setting out or of any line
or level by the Engineer or the Engineer‟s Representative shall not in any
way relieve to contractor of his responsibility for the correctness thereof
and the contractor shall carefully protect and preserve all benchmarks
site-rails pages and other things used in setting out the works.
Borehole and 6.10 If at any time during the execution of the works the Engineer shall require
Exploratory the contractor to make boreholes or to carry out exploratory excavation
Excavation such requirement shall be ordered in writing and shall be deemed to be
an addition ordered under the provisions of clause 11.1.1 and 11.1.2
hereof unless a provisional sum in respect of such anticipated work shall
have been included in the Bill of Quantities.
Watching and 6.11.1 The contractor at his own cost shall make such provisions for the lighting
Lighting the works, materials and plant whether on shore or a float and shall
provide all such works and lights as may be required by Engineer or the
Employer or any other authority having jurisdiction in connection with the
site together with all labour stores and services required for their efficient
working and use at any item of day and night and all buoys and other
works required for the proper indication of submerged work and of
mooring for his vessels. He shall also provided at his own cost every
description of watching and maintenance required in connection with the
foregoing and all other services and for protecting and securing all places
dangerous whether to the contractor workmen or to other persons until
the work shall have been handed over to the Employer unless the
Engineer shall decide that such services are not longer required.

21
 6.11.2 All lights provide by the contractor shall be placed or screened so as not
to interfere with any signal lights on the Employer‟s railways or with any
navigational lights or with any traffic or signal lights of any local or other
authority.
Care of Works 6.12.1 From the commencement to the completion of the works the contractor
shall take all responsibility for the care thereof and of temporary works
and in case any damage loss or injury shall happen to the works or to any
part thereof or to any Temporary works from any cause whatsoever (save
and except the Excepted Risk as defined in Clauses 6.12.2) shall at his
own cost repair and make good the same so that at completion the works
shall be in good order and condition and in conformity in every respect
with requirements of the contract and the Engineer‟s instructions. In the
event of any such damage loss or injury happening from any of the
Excepted Risks the contract shall if and to the extend required by the
Engineer and subject always to the provisions of clause 17 hereof repair
and make good the same as aforesaid at the cost of the Employer. The
contractor shall also be liable for any damage to the works occasioned by
him in the course of any operations carried out by him for the purpose of
complying with his obligations under clause 10.1.1 to 10.1.4 hereof.
6.12.2 The “Excepted Risk” are war hostilities (Whether war be declared or not)
invasion act of foreign enemies rebellion revolution insurrection or military
or usurped power civil war or (otherwise than amount the contractor‟s
own employee‟s) riot communion or disorder or use or occupation by the
Employer or any portion of the works in respect of which a Certificate of
completion has been issued or a cause solely due to the Engineer‟s
design of the works or any such operation of the forces of nature as
reasonable foresight and ability on the part of the contractor could not
foresee or reasonable provide against (all of which are herein collectively
referred to as “The Excepted Risks”)
Insurance of 6.13 Without limiting his obligations and responsibilities under Clauses 6.12.1
Works Etc. and 1.2.2 hereof the contractor shall insure in the joint names of the
Employer and the contractor against all loss or damage from whatever
cause arising (other than the Excepted Risks) for which he is responsible
under the terms of the Contract and in such manner the Employer and
Contractor are covered during period of construction the works and are
also covered during the period of Maintenance for loss or damage arising
from a caused occurring prior to the commencement of the period of
Maintenance and for any loss or damage occasioned by the contractor in
the course of any operations carried out by him for the purpose of
complying with his obligations under clauses 10.1.1 to 10.1.4 hereof.
(a) The works and the Temporary Works to the full value of such works
executed from time to time.
(b) The materials Constructional Plant & other things brought on the Site by
the Contractors to the full value of such materials Constructional Plant
and other things.
(c) As in case of sinking of constructional Plant and equipment for the cost of
salvage of the same to aggregate limit of Rs………………….. Lakhs.
6.13.1 The insurance applies only to contracts the estimated value of which is
Rs.25 lakhs or above. Such insurance shall be effected with an insurance
and in terms approved by the Employer & the Contractor shall whenever
required produce to the Engineer or the Engineer‟s Representative the
policy or policies of insurance and the receipts for payment of the current
premium provided always that without limiting his obligation and
responsibilities as aforesaid nothing in the Clause contained shall render
the Contractor liable to insure against the necessity for the repair or
reconstruction of any work constructed with materials of workmanship not
in accordance with the repairments of the contract.

Damage 6.14.1 The contractor shall (except if and so far as the specification provide
Persons and otherwise) indemnify and keep indemnified the employer against all
Property losses and claim for injuries or damage to any persons or any property
whatsoever (other than surface or other damage to land being or crops
22
 being on the site suffered by tenants or occupiers) which may arise out of
or in consequence of the construction & maintenance of the works and
against all claims demands proceeding damages costs charges and
expenses whatsoever in respect of or in relation there to that nothing
herein contained shall be deemed to render the Contractor liable for in
respect of or to indemnify the employer against any compensation or
damages. Provided further that for the purpose of this clause the
expression “The Site” shall be deemed to be limited to the area defined in
the specification or shown on the drawings in which land and crops will be
disturbed or damaged as an inextensible consequence of the carrying out
of the Works.
Third Party 6.15.1 Before commencing the execution of the Works the contractor (but
Insurance without limiting his obligations and responsibilities under Clause 6.14.1)
shall insure against any damage loss or injury which may occur to any
property (including that of the Employer or to any person (including any
employee of the employer) by or arising out of the execution of the Works
or temporary works or in the carrying out of the Contract otherwise than
due to the matters referred to in the provision to clause 6.14.1 hereof.
Minimum 6.15.2 Such insurance shall be effected with an insurance and in terms
Amount of Third approved by the Employer and for at last the amount stated in the Tender
Party Insurance and Contractor shall whenever required produce to the Engineer or the
Engineer‟s Representative the policy or policies or insurance and the
receipt for payments of the current premiums.
Accident or 6.16.1 The Employer not be liable for or in respect of any damages or
Injury to compensation payable at Law in respect or in consequence of any
workmen accident or injury to any Workman or other person in the employment of
the Contractor any sub-contractor and the Contractor shall indemnify and
keep indemnified the employer against all which damages and
compensation and against all claims demands proceedings cost charges
and expenses whatsoever in respect thereof or in relation thereto.
Insurance 6.16.2 The contractor shall insure against such liability with an insurer approved
against accident by the Employer and shall continue such insurance during the whole of
etc., to Workman the time that any persons are employed by him on the Works and shall
when required produce to the Engineer or the Engineer‟s Representative
such policy of insurance and the receipt for payment of the current
premium. Provided always that in respect of any persons employed by
any subcontractor the Contractors obligations to insure as aforesaid
under this sub-clause shall be satisfied if the sub-contractor shall have
insured against the liability in respect of such persons in such manner
that the Employer is indemnified under the Policy but the Contractor shall
require such sub-contractor to produce to the Engineer or „Engineer‟
Representative when required such policy of insurance and the receipt for
payment or the current premium.
Remedy on 6.17 If the Contractor shall fail to effect and keep in force in insurance referred
Contractor’s to in Clause 6.13, 6.15 and 6.16 hereof or any other insurance which he
Failure to Insure may be required to effect under the terms of the contract then and in any
such case the employer may effect and keep in force any such insurance
and pay such premium or premiums as any be necessary for the purpose
and from time to time deduct the amount so paid by Employer with
interest as stated in part II as aforesaid from any moneys due or which
may become due to the contractor or recover the same as a debt due
from the contractor.
Giving of Notice 6.18.1 The Contractor shall give all notices and pay all fees required to be given
and Payment of or paid by any national or State Statute Ordinance or other Law or any
Fees Regulation or Bye-law of any local or other duly constituted authority in
relation the execution of the works or of any Temporary works and by the
rule regulations of all public bodies and companies whose property or
rights are affected or may be affected in any way by the works or any
Temporary works.

Compliance with 6.18.2 The Contractor shall conform in all respects with the provisions of any
Statutes such Statute Ordinance or Law as aforesaid and the Regulations or bye-
23
Regulations etc. laws of any local or other duly constituted authority which may be
applicable to the works or to any Temporary works and with such rules
and regulations of public bodies and companies as aforesaid and shall
keep the Employer indemnifying against all penalties and liability of every
kind for breach of any such statute Ordinance or Law Regulations or a
Bye-Law provided always that the Employer will repay or allow to the
contractor all such sums as the Engineer shall certify to have been
properly payable and paid by the contractor in respect of such fees, other
than fees which the contract requires the contractor to pay which fees
shall be included in the rates and prices entered in the price Bill of
quantities.
Fossils etc. 6.19 All fossils coins articles or value of antiquity and structures and other
remains or things of geological or archaeological interest discovered on
the site of the works shall as between the Employer and the contractor be
deemed to be absolute property of the Employer and the contractor shall
take reasonable precautions to prevent his workmen of any other persons
from removing or damaging any such article or thing and shall immediately
upon discovery thereof and before removal acquaint the Engineer‟s
Representative of such discovery and carry out at the expense of the
Employer the Engineer‟s Representative‟s order as to the disposal of the
same.
Patents Rights 6.20 The contractors shall save harmless and indemnify the Employer from and
and Royalties against all claims and proceedings for or on account of infringement of any
patent rights design trade mark or name or other protected rights in
respect of any constructional Plant machine work or material used for or in
connection with the works or temporary works or any of them and from
and against all claims demands proceeding damages costs charges and
expenses whatsoever in respect thereof or in relation thereto. Except
where otherwise specified the contractor shall pay all tonnage and other
royalties rent and other payments or compensation (if any) for getting
stones, and gravel, clay or other materials required for the works or
Temporary works or any of them.
Interference with 6.21.1 All operations necessary for the execution of the works and for the
Traffic and construction of any Temporary works shall, so far as compliance with
Adjoining requirements of the contract permits, be carried on so as not to interfere
Properties & unnecessarily or improperly with the public convenience or the excess to
antipollution use and occupation or private roads and footpaths or to or of properties,
measure Whether in the possession of the Employer or of any other person and the
contractor shall save harmless and indemnify the Employer in respect of
all claims demands proceedings damage costs charges and Expenses
whatsoever arising out of or in relation to any such materials in so far as
the contractor is responsible therefor.
6.21.2 The works and Temporary works shall be carried out in such manner as
not to interfere with ships or other vessels using the port or endanger
interfere with traffic whether by road rail or water and other normal
operation of the ports.
6.21.3 The Employer will afford the contractor reasonable facilities to enable him
to carry out the contract but the contractor must strictly observe any rules,
regulations or instructions which he may from time to time receive from the
Employer or the Engineer or any person or persons authouised by them
for the safety and protection of persons, traffic whether by road, rail or
water and property on the site or the land adjacent to the site.
6.21.4 The contractor shall take all possible precautions to secure the efficient
protection of the Docks, Harbours and all other waterways against
pollution of any kind during the execution, completion and maintenance of
the works and he shall ensure that no oil organic matter, refuse, rubbish or
other things of whatsoever nature are allowed to sweep or be supplied or
thrown into the water ways by him, his employees or sub-contractors or
any other agency or his.
Extra Ordinary 6.22.1 “The contractor shall use every reasonable means to prevent any of the
Traffic highways or bridges communicating with or on the routes to the site form
being damaged or injured by any traffic of the contractor or any of his sub-
24
 contractors and in particular shall select routes choose and use vehicles
restrict and distribute loads so that any such extraordinary traffic as will
inevitable excise from the moving of plant and material from and to the site
shall be limited as far as reasonably possible and so that no unnecessary
damage or injury may be occasioned to such highways and bridges.
Special Loads 6.22.2 Should it be found necessary for the contractor to move one or more loads
of constructional plant machinery or reconstructed Units of parts of units or
work over part of highway or bridge failing with the jurisdiction of the
Employer the moving whereof is likely of damage any highway or bridge
unless special protection or strengthening is carried out then the
contractor shall before moving the load on to such high way or bridge give
notice to the Engineer of Engineer‟s Representative of the weight and
other particulars of the load to be moved and his proposals for protecting
or strength or the said highway or bridge. Unless within fourteen days of
the receipt of such notice the Engineer shall be counter-notice direct that
such protection or strengthening is unnecessary than the contractor will
carry out such proposal or any modification thereof that the engineer shall
require. At his own cost.
Waterborne 6.22.3 Where the nature of the works is such as to require the use by the
Traffic contractor or waterborne transport the foregoing provisions of this clause
shall be construed as though “highway” included a lock, dock, sea wall or
other structure related to a waterway and “vehicle” included craft, and shall
have effect accordingly.
Opportunities for 6.23 The contractor shall in accordance with the requirements of the Engineers
other afford all reasonable opportunities for carrying out their work to any other
Contractors contractors employed by the Employer and their workmen and the
workmen of the employer and of any other duly constituted authorities who
may be employed in the execution on or near the site of any work not
included in the contract of any contract which the Employer may enter into
in connection with or ancillary to the works. If however the contractor shall
on the written request of the Engineer of the Engineer‟s Representative
make available to any such other contractor or to the Employer or any
such authority any roads or ways for the maintenance of which the
contractor is responsible for to permit the use by any such of the
contractors scaffolding or other plant on the site or provide any other
service of whatsoever nature for any such the Employer shall pay to the
contractor in respect of such use or service such sum of sums as shall in
the opinion of the Engineer be reasonable provided also that if the
contractor avails of similar services from such other or the Employee the
Employer shall be entitled to recover from the contractor in respect of such
service such sum or sums as shall in the opinion the Engineer be
reasonable. The decision of the engineer shall be final.
Supply of Plant 6.24 Except where otherwise specified the contractor shall at his own expense
Materials & supply and provide all the Constructional Plant Temporary Works
labour materials both for Temporary and for permanent works labour (including
the supervision thereof) transport to or from the site and in and about the
works and other things every kind required for the construction
completion and maintenance of the works.
Materials to be 6.25.1 “Materials which the Employers is prepared to supply are shown in the
supplied by the schedule, soon after the acceptance or tender, the contractor shall give in
Employer writing a phased requirement of material according to the programme of
execution of works with regard to issue of materials.”
6.25.2 If the contractor desires the Employer to supply materials other than
those mentioned in the schedule, such as materials may be supplied by
the Employer. If available in the matter, at rates to be fixed by the
Employer.

6.25.3 For material listed in Schedule …………………………………… which the

contractor does not stipulate to supply himself but requires the Employer
to supply he shall give a reasonable notice in writing of his requirements
to the Engineer in accordance with the agreed phased programme. Such
materials shall be supplied for the purpose of contract only and the value
25
 of materials so supplied at the rate specified in the aforesaid schedule
shall be set off or deducted, as and when materials are consumed in
items for work for which payment is being made to the contractor, from
any sums then due or which may there after become due to the
contractor, under the contract. A the time of submission of bills contractor
shall certify that balance of materials supplied is available at site.
6.25.4 The contractor shall bear the cost of loading, transporting, storing to site,
unloading under cover as required, assembling and joining the several
parts together as necessary and incorporating and fixing materials in the
works including all preparatory work of whatever description as may be
required, and of closing, preparing loading and returning empty cases or
containers to the place of issue.
Return of 6.25.5 All materials issued to the contractor by the Employer for incorporation or
materials fixing in the works (including preparatory work) shall, on completion or on
before closure of works, be returned by the contractor at his expense, at
the place of issue, after making due allowances for actual consumption,
reasonable wear and tear and/ or waste if the contractor is required to
delivery such materials at a place other than the place of issue, he shall
do so and the transportation charges from the site to such place, less the
transportation which would have been incurred by the contractor has such
materials been delivered at the place of issue shall be borne by the
Employer.
6.25.6 Surplus materials returned by the contractor shall be credited to him by
the Engineer at rates not exceeding those at which those were originally
issued to him after taking into consideration any deterioration or damage
which may have been caused to the said materials whilst in the custody
of the contractor.
6.25.7 If on completion of works the contract fails to return surplus materials out
of those supplied by the Employer that in addition to any other liability
which the contractor would incur, the Engineer may, by a written notice to
the contractor require him to pay within a fortnight or receipt of the notice
for such un-returned surplus materials at double the issue rates.
Clearance of site 6.26 On completion of the works the contractor shall clear away and remove
on completion from site all constructional plant surplus materials rubbish and Temporary
works of every kind and leave the whole of the site and Works clean and
in a workman like condition to the satisfaction of the Engineer. If not done
the cost of clearing etc. will be recovered from any money due to the
contractor.
Ownership of 6.26.1 All excavated materials, debris etc. arising from the demolition or removal
debris and or properties, buildings or structures the work site and all other materials,
excavated or things of whatsoever nature found or being upon or excavated from the
materials etc. site shall remain the property of the Employer and shall not be removed
by the contractor from the site or used in the works until permission for
such renal or use has been given by the Engineer in writing.
2.26.2 “Except as specifically authorised in writing by the Engineer no
photographs shall be taken nor shall any photograph articles or
description or the work or the site or any part thereof be published nor
shall any details of the drawings furnished to him or part thereof be
disclosed, by the contractor his employees contractors agents and
representatives.
Removal of Craft 6.27 The contractor shall forthwith and with dispatch at his own cost raise and
of plant that has remove any craft or plant (fleeting or otherwise) belonging to him or to
suck any subcontractor employed by him (including also any plant which is
held by the contractor any subcontractor under agreement for hire or hire,
purchase) which may be sunk in the course of the construction,
completion or maintenance of the works or otherwise deal with the same
as the Engineer may direct and until the same shall be raised & removed
the contractor shall set all such buys and display at nigh such lights & do
all such things for the safety of navigation as may be required by the
Engineer or by this Employer, in the event the contractor not carrying out
the obligation imposes‟ upon him by this clause the Employer may buoy
and light such sunken craft or plant and raise and remove the same and
26
 the contractor shall reimburse to the Employer all costs incurred in
connection there with.
Contractor’s 6.28 Should the contractor for the purpose of the contract desire to provide the
Temporary temporary moorings for this craft and floating plant he will be allowed to
Moorings and do so in positions and manner approved by the Engineer. The contractor
Payment of shall not lay such mooring so as to interfere with traffic in the waterways
Charges and such moorings shall be removed if and when required by the
Engineer. The contractor shall pay all docks, port, customers and
wharfage charges, bounder charges other fees, charges, dues
assessments and outgoing as may become payable in the course of
execution of the contract works and the contractor would be deemed to
have made allowances for these charges in the contract price quoted by
him in his tender.
Life Saving 6.29 The contractor shall provide and maintain upon the works sufficient
appliances and proper and efficient life saving appliances and first aid equipment to the
First-Aid approval of the Engineer and in accordance with the requirements of
Equipment I.L.O Convention No.62. The appliances and equipment shall be available
for use at all times. For work carried out within the dock area or in the
vicinity of any wharf or quay, of quay, the contractor shall abide by all the
provisions of the dock workers (safety, health and welfare) scheme 1961.
The Contractor‟s particular attention is drawn to Clause 43 of the said
Regulation in respect of erection and maintenance of staging.
Bribes’ 6.30 Any bribe, commission gift or advantage given promised or offered by or
Commission and on behalf of the contractor or his partner, agent or servant or anyone on
corrupt Gifts his or their behalf to any officer, servant, representative or agent of the
Engineer or to any person on his behalf in relation to the obtaining or to
the execution of this or any other contract with the Employer shall in
addition to any criminal liability which he may incur, subject to the
contractor to the cancellation of this and all other contractor with
Employer and also the to payment or any loss or damage resulting from
any such cancellation. And the Employer shall be entitled to deduct the
amounts so payable from any money otherwise due to the contractor
during this or any other contract Any question or dispute as to the
commission of any offence under the present Clause shall be settled by
the Engineer, in such manner and on such evidence or information as he
shall think fit and consider sufficient and his decision shall be final and
binding on the contractor.
Antimalarial 6.31.1 Every precaution as directed by the Engineer shall be taken by the
precautions contractor to prevent the breeding of mosquitoes on the site and all
receptacles used for the storage of water must be suitably protected for
this purpose and must be applied at the close of work every day.
Precautions 6.31.2 Every precaution shall be taken by the contractor to prevent air and water
against air and pollution resulting from his operations as per requirements of the
water pollution appropriate authorities.

Reservation or 6.32. The Employer reserves to himself the right any time or times to carry out
right to dredge any works he thinks necessary or proper in the vicinity of the site or
elsewhere.
Use of 6.33 Except as may be provided in the specification or approved by the
Explosives Engineer, the contractor shall not use explosives. The contractor shall
only permit handling and use of explosive to be carried by men fully
qualified and experienced in the storage, handling and use of the types of
explosive to be used. He shall comply with the provision of Indian
Explosive Act.
Customs and 6.34 The contractor shall comply with all the regulations imposed by the
security customs and port security Authorities in respect of the passage of plant
requirements vehicles. Materials and personal through Custom‟s barriers.
Use of Port Trust 6.35 In addition to the land at site of works proper, the contractor shall be
Land allotted suitable land for the purpose of lying out his work area, stores etc.
free or any rental charges as shown in the contractor drawing in case he
needs additional land the same would be given if it can be conveniently
spared and he will be charged rent for the additional land at the rates
27
 fixed by the Engineer. The contractor, however, shall fix all electrical,
water supply and drawings installation, as per existing Municipal
regulations and pay charges for consumption of electrical energy and
water. On execution of the works the site shall be handed over to the
Engineer in good state with such a date as may be intimated to him by
the engineer.
Levels 6.36 The contractor shall provide all assistance. Instrument machines, labour
Soundings and materials as are normally required for taking levels & sounding for the
Charts preparation of level charts and corrections before commencement of work
and after execution of works. The contractor shall provide at his own
expense experienced attendants for the Engineer or the Engineer‟s
Representative to assist him in taking levels and checking of alignments.
Inflamable 6.37 The contractor shall comply with all central and local regulations in
Stores respect of safe storage of all Inflammable stores, or other materials
involving risk to third parties and shall take submit to the Engineer for
approval all drawings and documents required for the construction of
storage shed or other accommodation and shall build all such storage
sheds to the proper requirements.
Apprentices 6.38 The contractor shall during the term of this contract comply with the
provisions of the Apprentices Act. 1961 and maintain as part of his
organization a system or apprenticeship for training craftsmen. Failure on
the part of the contractor to observe the conditions and stipulations of this
clause shall be deemed to be a failure to employ a sufficient number or
proper and efficient workmen within the meaning of clause 6.8 above and
all the rights and remedies of the Employer there in provided including the
power to determine the contract shall applicable in such case.
LABOUR
Engagement of 7.1.1. The contractor shall make his own arrangements for the engagement of all
labour labour, local or otherwise, and save in so far as the contract otherwise
provides for the transport housing feeding and payment thereof.
Supply of Labour 7.1.2. The contractor shall so far as is reasonably practicable having regard to
local conditions provide on the site to the satisfaction of the Engineer‟s
Representative as adequate supply of drinking and other water for the use
of the contractor‟s staff and work people.
Alcoholic Liquor 7.1.3 The contractor shall not otherwise than in accordance with the statutes
of Drugs Ordinance and Government. Regulations or orders for the time being in
force import sell give barter or otherwise dispose of any alcoholic liquor or
drugs or permit or suffer any such important in sale gift barter or disposal
by his sub-contractors agents or employee.
Arms & 7.1.4. The contractor shall not give barter or otherwise dispose of to any person
Ammunition or persons any arms or ammunition of any kind or permit or suffer the
Festival & same as aforesaid.
Religious 7.1.5. The contractor shall allow his labour the Govt. notified National and local
Customs festival holidays and also such closed holidays for the Port declared by
the employer and also have due regard to local religious and social
customs in respect or labour employed by him.
Epidemics 7.1.6 In the event of any outbreak of illness or an epidemic nature the contractor
shall comply with and carry out such regulation orders and requirements
as may be make by the government or the local medical or sanitary
authorities for the purpose of dealing with and overcoming the same.
Disorderly 7.1.7 The contractor shall at all times take all reasonable precautions to prevent
Conduct, etc. any unlawful riotous or disorderly conduct by or amongst his employees
and for the prevention of peace and protection of persons and property in
the neighborhood of the works against the same.
Observance by 7.1.8 The contractor shall be responsible for observance by his contractors of
sub-contractors the foregoing provisions.
The contractor shall at all times during the continuance of the contract. So
Compliance with 7.1.9. far it may be necessary comply with all existing enactment‟s including
Regulations etc. central and state legislation as well as, any applicable bylaws of any local
authority regarding labour particularly the minimum wages Act. Factories
Act. Workmen‟s Compensation Act, Employees provident Fund and family
pension fund Act., Employees state insurance Act., Contract labour
28
 (Regulation & Abolition) Act., Payment or wages Act. Maternity Benefit
Act. National Festival Holidays Act, Shop & Establishment Act, and shall
keep the employer indemnified against any action that may be taken
against him for the contravention of the provision of the above said
enactment‟s by the contractors. The rates quoted by the contractor in
schedule of quantities and Rates (SQ & R) shall be deemed to include all
expenses whatsoever the contractor may be require to incur for the
compliance with the provisions of the above said legislation. The
contractor shall make necessary arrangement for the employer to witness
the payments make by the contractor to his staff and labour.
Foreign 7.1.10 Should the contractor find that suitable qualified and Experienced
Personnel personnel required for the works are not available in India in sufficient
numbers and should the contractor wish to employ personnel Nationalities
other than Indian the contractor must obtain the necessary permits form
the central government to permit foreign personnel to enter India and to
work in India for this work. The contractor shall keep the employer fully
informed, of application made by him for the work permits for foreign staff
and/or approvals by the Indian authorities.
Fair wages 7.1.11 The contractors shall pay the labour engaged by him on the work not less
than fair wages which expression shall mean whether for the time or piece
work the labour rates or wages as fixed by the central Public works
Department as fair wage of the state payable to the different categories of
labours or those as notified under the Minimum wage Act. For the district
for corresponding employees of the employer of whichever may be higher.
That the contractor shall pay the labour engage by him on the work not
less than the minimum wages notified under any central or state law as
applicable to the Port and he shall not engage persons below the
minimum age fixed under any such law applicable.
Wage Records 7.1.12 The contractor shall maintain records of wages and other remuneration
paid to his employees in such forms as may be convenient and to the
requirements of the engineer & conciliation Officer, Central Ministry of
Labour, Government of India of such other authorised persons appointed
by the state Government. The contractor shall also exhibit the different
notices as required under the Minimum Wages Act. 1949, payment of
wages Act. 1936 and other Acts, Rules and Regulations make there under
from time to time.
Inspection of 7.1.13.1 The Engineer or the engineer‟s Representative or any other person
Wages Records authorised by them on their behalf shall have power to make inquiries with
a view to ascertain a proper observance of the Fair Wage Clause. He shall
have the power to investigate into any compliance regarding any default
made by the contractor sub-contractor regard to such provisions and also
the provisions made in the contract labour Act.
7.1.13.2 The Engineer shall have right to deduct from the moneys due to the
contractor any sum required or estimated to be required by making good
the loss suffered by a worker or workers by reason of non-fulfillment of the
conditions of the contract for the benefit of the workers, non-payment of
wages or of deductions make from his or their wage which are not justified
by their terms of the contract or non-observance of the regulations.
Accidents 7.1.14 The contractor shall within 24 hours of the occurrence of any accident at
or about the site or in connection with execution of the work report such
accidents to the Engineer/Engineer‟s Representative. The contractor Shall
also report such accidents to the competent authorities to whom such
report is required bye-law.
7.1.15 Any other conditions affecting labour and wages shall be as set out in
Part-II, in sub-clauses numbered 7.1.16, 7.1.17 etc. as may be necessary.
Wage book and 7.1.16 That the contractor shall maintain :
wage slips
(1) A wage book of each in such forms as may be convenient but the same
shall include the following particulars :-
(i) Rate of daily or monthly wages.
(ii) Nature of work on which employed.
(iii) Total number of days worked during each wage period.
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 (iv) Total amount payable for the work during each wage period.
(v) All deductions made from the wages with an indication in each case of the
grounds for which the deduction is made.
(vi) Wage actually paid for each wage period.
(2) A wage slip for each worker employed on the work provided that the
Engineer may grant exemption for the maintenance of the wage slip, if in
his opinion not more than 19 persons are likely to be employed directly on
the work, but in case he will have to maintain wage books as specified in
7.1.16. (1) above.
Preservation & 7.1.17 The wage books and wage slips shall be preserved for a period of not less
books & Slips than 12 months after the date of the last entry made in it.
Returns of 7.2 The contractor shall if required by the Engineer delivery to the Engineer‟s
Labour etc. Representative or at his office a return in detail in such from and at such
intervals as the Engineer may prescribe showing the supervisory staff &
the numbers of the several classes of labour from time to time employed
by the contractor on the site and such information inspecting
constructional plant as the engineer‟s Representative may require.

ADDITIONAL LABOUR CLAUSE AS PER ADMINISTRATIVE

OFFICE LETTER NO. AD-LO-16/85 Dt.02.07.85
7.3.1 (i) That, no clearance certificate will be issued to you by the labour Officer
of the Port Trust. Unless you produce satisfactory proof before him to the
effect that you had notified in a publication in the news paper having wide
local circulation about the completion of your work in respect of this
contract, inviting claims of the workmen in respect of unpaid wages/dues if
any. of such workmen and that the time limit of such claim has expired or
that claims made have been fully and finally settled by you. You have to
furnish a copy of the news paper where in such publication was make and
the particulars of claims if any, made and settled by you.
(ii) That, without prejudice and in addition to the above precondition, you
shall have to give an undertaking that in case at any subsequent time, a
claim is made by worker against you before any competent court or
authority in respect of his unpaid dues in connection with the execution of
work, irrespective of whether the Port Trust has been made a party to
such claim before the above authority or court or not in the event of the
workmen succeeding to get an order from such court or authority
decreeing his claim in full or in part, the Port Trust will have the right ot
receive from you the expense towards litigation if the Port Trust, has been
made a party there to and also indemnify itself form you for the amount of
dues thus decreed by such court or authority and paid by the Port Trust to
the concerned workman/workmen. The Port Trust authorities shall always
have the right to recover the above expenses and payments from you from
your dues. If any, lying in the hands of the Port Trust whether in respect of
this contractor of any other contract and failing to do so to realise such
amount from you through appropriate court of lay as a debt due on you.
MATERIALS AND WORKMANSHIP
Quality of 8.1.1 All materials and workmanship shall be of the respective kinds described
Materials and in the contract and in accordance with the Engineer‟s instruction and shall
Workmanship be subjected from time to time such tests as the Engineer may direct at
and tests the place of manufacture of fabrication or on the Site of at all or any of
such places or any of the approved test hours. The contractor shall
provided such assistance instruments machines labour and materials as
are normally required for examining measuring and testing and work and
the quality weight or quality of any materials used and shall supply
samples of materials before incorporation in the works for testing as may
be selected and required by the Engineer.
Cost of Samples 8.1.2 All samples required for testing and compression shall be supplied by the
contractor at his own cost at the places indicated by the Engineer if the
supply thereof is clearly intended by or provided for in the specification or
Bill of Quantities.
Cost of Tests 8.1.3 The cost of marking any test shall be borne by the contractor if such test is
30
 clearly intended by or provided for in the specification or bill of Quantities
and (in the cases only of a test under load or of a test to ascertain whether
the design of any finished or partially finished work is appropriate for the
purpose which it was intended to fulfil is particularized in the specification
or Bill of Quantities in sufficient detail to enable the contractor to price or
allow for the same in his Tender. In case specifications for a particular
item are no the tender documents, relevant I.S. specification will apply.
Cost of test not 8.1.4 If any test is ordered by the Engineer which is either.
provided for etc.
(a) Not so intended by or provided for or
(b) (in the case above mentioned) is not so particularized or
(c) Through so intended or provided for is ordered by the engineer to be
carried ut by an independent person at any place other that the site or the
place of manufacture of fabrication of the materials tested than the cost of
such test shall be borne by the contractor if the test shows the
workmanship or materials not to be in accordance with the provisions of
the contract or the Engineer‟s instructions but otherwise by the Employer.
General 8.2.1 Materials required for the works, whether brought by the contractor or
supplied by the employer shall be stored by the contractor only at places
approved by the Engineer, Storage and safe custody of materials shall be
the responsibility of the contractor.
Materials 8.2.3 All materials brought to the site shall become and remain property of the
brought to site Employer and shall not be removed off the site without the prior written
approval of the Engineer. But whenever the work are finally completed and
advance, if any in respect of any such materials is fully recovered the
contractor shall at his own expense forth with remove from the site all
surplus materials originally supplied by him and upon such removal, the
same shall revert in and become the property of the contractor.
Examination of 8.4.1. No work shall be covered up or put out of view without the approval of the
work before Engineer of the Engineer‟s Representative and the contractor shall afford
covering up full opportunity for the Engineer or Engineer‟s Representative to examine
and measure and work which is about to be covered up or putout of view
and to examine foundations before permanent work is placed thereon. The
contractor shall give due notice to the Engineer‟s Representative
whenever any such work or foundations is or are ready or about to be
ready for examination and the Engineer‟s Representative shall without
unreasonable delay unless be considers it unnecessary and advises the
contractor accordingly attend for the purpose of examining and measuring
such work or of examining such foundations.
Uncovering and 8.4.2 The contractor shall uncover any part or parts of the works or make
Making openings openings in or through the same as the Engineer may from time to time
direct and shall reinstate and make good such parts to the satisfaction of
the engineer. If any such part of parts have been covered up or put out of
view after compliance with the requirements of clause 8,4,1, and are found
to be executed in accordance with the contract the expenses of
uncovering making openings in or though reinstating and making goods
the same shall be borne by the Employer but in any other case all such
expenses shall be borne by the contractor and shall be recoverable from
him by the Employer or may be deducted by the Employer form any
money due or which may become due to the contractor.
Removal of 8.5.1 The Engineer shall during the progress of the works have power to order
Improper Works in writing from time to time.
and Materials
(a) The removal from the site within such time or times as may be specified in
the order of any materials which in the opinion of the engineer are not in
accordance with the contract.
(b) The substitution of proper and suitable material and
(c) The removal and proper re-execution (not withstanding any previous test
thereof or interim payment there-for) or any work which in respect of
materials or workmanship is not in the opinion of the Engineer in
accordance with the contract.
Default of 8.5.2 In case of default on the part of the contractor in carrying out such order
31
 Contractor in the employer shall be entitled to employ and pay other persons to carry
Compliance out the same and all expenses consequent there on or incidental there to
shall be borne by the contractor and shall be recoverable form him by the
employer or may be deducted by the Employer form any monies due to
which may become due to the contractor.
Suspension of 8.6.1.1 The contractor shall on the written order of the engineer suspend the
work progress of the works or any part thereof for such time or times and in
such manner as the engineer may consider necessary and shall during
such suspension properly protect and secure the work so far as is
necessary in the opinion of the engineer. The extra cost including all
running wages to be paid on the site salaries depreciation and
maintenance of plant site on costs and general overhead costs of contract
incurred by the contractor in giving effect to the Engineer‟s overhead costs
of contract incurred by the contractor in giving effect to the Engineer‟s
instructions under this clause shall be borne and paid the Employer unless
such suspension is.
(a) Otherwise provided for in the contractor
(b) Necessary for the proper executions of the work or by reason of whether
conditions affecting the safety or quality or the works or by some default
on the part of the contractor or
(c) Necessary of the safety of the works or any part thereof.
8.6.1.2 Provided that contractor shall not be entitled to recover any such extra
cost unless he gives notice in writing of his intention to claim to the
engineer within 20 days of the Engineer‟s order. The Engineer shall settle
and determine such extra payment to be made to the contractor in respect
of such claim as shall be the opinion of the Engineer be fair and
reasonable.
COMMENCEMENT TIME AND DELAYS
Commencement 9.1 The contractor shall commence the works on site within the period named
of Works in the Tender after the receipt by him of an order in writing to this effect
from the Engineer and shall proceed with the same with due expedition
and without delay except as may be expressly sanctioned or ordered by
the Engineer or be wholly beyond the contractor‟s control.
Possession of 9.2.1 Save in so far as the contract may prescribe the extent of portions of the
site site of which the contractor is to be given possession from time to time and
the order in which such portions shall be made available to him and
subject to any requirement in the contract as to the order in which the
works shall be executed the employer will with the Engineer‟s written order
to commence the works give to the contractor possession of so much of
that site as may be required to enable the contractor to commence and
proceed with the construction of the works in accordance with the
programme referred to in clause 6 hereof (if any) and otherwise in
accordance with such reasonable proposals of the contractor as he shall
by notice in writing to the Engineer make and will from time to time as the
works proceed give to the contractor possession of such further portions of
the site as may be required to enable the contractor to proceed with the
construction of the works with due dispatch in accordance with the said
programme or proposals (as the case may be). If the contractor suffers
delay from failure on the part of the Employer to give possession in
accordance with the terms of this clause the Engineer shall grant an
extension of times for the completion of the works.
Way-leave etc. 9.2.2 The contractor shall bears all expenses and charges for special or
temporary way leaves required by him in connection with access to the
site. The contractor shall also provide at his own cost any additional
accommodation outside the site required by him for the purposes of the
works.
Time of 9.3 Subject to any requirement in the specification as to completion of any
Completion portion of the works before completion of the whole of the works shall be
completed within the time stated in the Tender calculated from the last day
of the period name in the Tender as that within which the works are to be
commenced or such extended time as may be allowed under clause 9.4
hereof.
32
 Extension of 9.4 Should the amount of extra or additional work of any kind or other special
Time for circumstances of any kind whatsoever which may occur be such as fairly
Completion to entitle the Contractor to an extension of time for the completion of the
Work the Engineer shall determine the amount of such extension provided
that the Engineer is not bound to take into account any extra or additional
work or other special circumstances unless the Contractor has within 28
days after such work has been commenced or such circumstances have
arisen or as soon thereafter as is practicable delivered to the Engineer‟s
Representative full and detailed particulars of any claim to extension of
time to which he may consider himself entitled in order that such claim
may be investigated at that time.
No night or 9.5 Subject to any provision to the contrary contained in the contract none of
Sunday work the permanent work shall save as hereinafter provided be carried on
during the night or on Sundays (if locally, recognized as days of rest) or
their locally recognized equivalent without the permission in writing of the
Engineer‟s Representative save when the work is unavoidable or
absolutely necessary for the saving of life or property or for the safety of
the works in which case the contractor shall immediately advise the
Engineer‟s Representative. Provided always that the provisions of this
clause shall not be applicable in case of any work which it is customary to
carry out by rotary or double shifts.
Rate of Progress 9.6 The whole of the materials plant and labour to be provided by the
contractor under clause 4.1 hereof and the mode manner and speed of
execution and maintenance of the works are to be of a kind and conducted
in a manner to the satisfaction of the Engineer. Should the rate of progress
of the works or any part thereof be at any time in the opinion of the
Engineer too slow to ensure the completion of the works by the prescribed
time or extended time for completion the Engineer shall so notify the
Contractor in writing and the contractor shall thereupon take such steps as
the contractor may think necessary and the Engineer may approve to
expedite progress so as to complete the works by the prescribed time or
extended time for completion. If the work is not being carried on by day
and night and the contractor shall request permission to work by night as
well as by day, the Engineer shall consider grant of such permission but
the contractor will not be entitled for any additional payment for so doing if,
however, the Engineer refuses such permission, the contractor shall not
be entitled for any extension of time on the contract on account of such
refusal. All work at night shall be carried out without unreasonable noise
and disturbance. The contractor shall indemnify the Employer from and
against any liability for damages on account of noise or other disturbance
created while or in carrying out the work and from and against all claims,
demands proceedings costs charges and expenses whatsoever in regard
or in relation to such liability.
Liquidated 9.7.1 If the contractor shall fail to complete the works within the time prescribed
damages for by clause 9.3 thereof or extended time then the contractor shall pay to the
Delay Employer the sum stated in Part-II as liquidated damage and not as a
penalty for such default for every week or part of a week which shall else
between the time prescribed by clause 9.3 of extended time as the case
may be and the completion of the works. The Employer may without
prejudice to any other method of recovery deduct the amount of such
damages from any smounts in its hands due to which may become due to
the contractor, Provided that the total amount of such damages to be paid
shall not exceed the sum started in part-II. The payment of such damages
shall not relive the contractor of his obligation to complete the works or
from may other of his obligations or liabilities under the contract.
Reduction of 9.7.2 If before the completion of the whole of the works any part of the works
liquidated has been certified by the Engineer as completed pursuant to clause 9.8
hereof and occupied or used by the Employer the liquidated damages for
delay shall for any period of delay after such certification be reduced in the
proportion which the value of the part so certified bears to the value of the
whole of the works.
Demurrage and 9.7.3 “All rent, demurrage another charges incurred as a result of the
33
other Charges contractor‟s failure to load or unload wagons of the Employer, the Indian
Railways or of any other authority or company or to clear goods from
quays, godowns or elsewhere within the prescribed free time shall be
borne by the contractor, when called upon to do so contractor shall pay all
such charges according to the scales in force and if he fails to do so the
charges shall be deducted from any sum which may be due to him by the
Employer”.
Certificate of 9.8 As soon as in the opinion of the Engineer the works shall have been
completion of substantially completed and shall have satisfactorily passed any final test
work that may be prescribed by the contract the Engineer shall on receiving a
written undertaking by the contractor to finish any outstanding work during
the period of maintenance issue a certificate of completion in respect of
the works and the period of maintenance of the works shall commence
from the date of such certificate. Provided that the Engineer may given
such a certificate with respect to any part of the works before the
completion of the whole of the works and shall upon the written application
of the contractor give such certificate respect to any substantial part of the
works which has been both completed to the satisfaction or the Engineer
and occupied or used by the Employer and when any such certificate is
given in respect of a part of the works such part shall be considered as
completed and the period of maintenance of such part shall commence
from the date of such certificate. Provided also that a certificate of
completion given in accordance with the forgoing provisions of any part of
the works occupied and used as aforesaid shall not be deemed to certify
completion of any ground or surfaces requiring reinstatement unless such
certificate shall expressly so state.
MAINTENANCE AND DEFECTS
Definition of 10.1.1 In these conditions the expression period of maintenance shall mean the
period of period of maintenance named in the tender calculated from the date of
Maintenance completion of the works certified by the Engineer in accordance with
clause 9.8 hereof or in the event of more than one certificate having been
issued by the Engineer under that said clause from the respective dates
so certified and in relation to the period of maintenance the expression
“The Works” shall be constructed accordingly.
Execution of 10.1.2 To the intent that the works shall at or as soon as practicable after the
Works of Repair expiration of the period of maintenance be delivered up to the Employer is
etc. as good and perfect a condition (fair wear and tear excepted) to the
satisfaction of the Engineer as that in which they were at the
commencement of the period of maintenance the contractor shall execute
all such work of repair amendment reconstruction rectification and making
goods of defects imperfections shrinkages or other faults as may be
required of the contractor in writing by the Engineer during the period of
maintenance or within fourteen days after its expiration as a result of an
inspection by or on behalf of the Engineer prior to its expiration.
Cost of 10.1.3 All such work shall be carried out by the contractor at his own expense if
Execution of the necessity thereof shall in the opinion of the Engineer be due to the use
work of Repair of materials or workmanship not in accordance, with the contractor or to
etc. neglect or failure on the part of the contractor to comply with any obligation
expressed or implied on the contractor‟s part under the contract if in the
opinion of the Engineer such necessity shall be due to any other cause the
value of such work shall be ascertained and paid for as if it were additional
work.
Remedy on 10.1.4 If the contractor shall fail to do any such work as aforesaid required by the
Contractor’s Engineer, the Employer shall be entitled to carry out such work by his own
Failure to carry workmen or by other contractors and if such work is a work which the
out work contractor should have carried out at the contractor‟s own cost shall be
Required entitled to recover from the contractor the cost thereon or may deduct the
same from any monies due or that may become due to the contractor.
Contractor to 10.2. The contractor shall if required by the Engineer in writing search for the
Search cause of any defect imperfection of fault under the direction of the
Engineer. Unless such defect imperfection of fault shall be one for which
the contractor is liable under the contract, the cost of the work carried out
34
 by the contractor in searching as aforesaid shall be borne by the
Employer. But if such defect imperfection or fault shall be one for which
the contractor is liable as aforesaid the cost of the work carried out in
searching as aforesaid shall be borne by the contractor and he shall in
such case repair rectify and make good such defect imperfection or fault at
his own expense in accordance with the provision of clause 10.1.1. to
10.1.4. hereof.
ALTERATIONS ADDITIONS AND OMISSION
Variations 11.1.1 The Engineer shall make any variations of the from quality or quantity of
works or any part hereof that may in his opinion necessary and for that
purpose or if for any other reason it shall in his opinion be desirable shall
have power to order the contractor to do and the contractor shall do any of
the following :-
(a) Increase or decrease the quantity of any work included in the contractor.
(b) Omit any such work.
(c) Change the character or quality or kind of any such work.
(d) Change the level lines positions and dimensions of any part of the works,
and
(e) Execute additional work of any kind necessary for the completion of the
works, and no such variation shall in any way vitiate or invalidate the
contract but value (if any) of all such variations shall be taken in to account
in ascertaining the amount of the contract price.
Orders for 11.1.2 No such variation shall be made by the contractor without as order in
variation to be in writing of the Engineer. Provided that no order in writing shall be required
writing for increase or decrease in the quantity of any work where such increase
or decrease in not the result of an order given under this clause but is the
result of the quantities exceeding or being less than those stated in the bill
or Quantities. Provided also that if for any reason the engineer shall
consider it desirable to give any such order verbally the contractor shall
comply with such order and any confirmation in writing of such verbal
order given by the Engineer whether before or after the carrying out of the
order shall be deemed to be an order in writing within the meaning of this
clause Provided further that if the contractor shall confirm in writing to the
Engineer any verbal order of Engineer and such confirmation shall not be
contradicted in writing by the Engineer it shall be deemed to be an order in
writing by the Engineer.
Valuations of 11.2.1 The Engineer shall determine the amount (if any) which in his opinion
Variations should be added to or deducted from the sum named in the tender in
respect of any extra or additional work done or work omitted by his order.
All such work shall be valued at the rates set out in the contract if in the
opinion of the Engineer the same shall be applicable. If the contract shall
not contain any rates applicable to the extra or additional work then
suitable prices shall be agreed upon between the Engineer and the
contractor. In the event of disagreement the Engineer shall fix such prices
as shall in his opinion be reasonable and proper.
Power of 11.2.2.1 Provided that if the nature of amount of any omission or addition relative to
Engineer to fix the nature of amount of the whole of the contract work or to any part
Rate thereof shall be such that in the opinion of the Engineer the rate or price
contained in the contract for any item of the works is by reason of such
omission or addition rendered unreasonable or inapplicable than a suitable
rate or price shall be agreed upon between the engineer and the
contractor, in the event of disagreement the Engineer shall fix such other
rate or price as shall in his opinion be reasonable and proper having
regard to the circumstances.
11.2.22 Provided also that no increase of the contract price under clause 11.2.1. or
variation or rate or price under clause 11.2.2.2. shall be made unless as
soon after the date of the order as is practicable and in the case of extra or
additional work before the commencement of the work or as soon
thereafter as is practicable notice shall have been given in writing :-
(a) By the contractor to the Engineer of his intention to claim extra payment or
a varied rate or
(b) By the Engineer to the contractor of his intention to vary rate or price as
35
 the case may be.
Increase or 11.2.3 If the net effect of all variations (other than those arising by reason of any
decrease of clause relating to variations in price of materials and/or labour) shall be
costs found on completion of the whole of the works to result in a reduction or an
addition greater than as stated in Part-II the amount of the contract price
shall be amended by such sum as shall be agreed upon between the
Engineer and contractor. In the event of disagreement the Engineer shall
fix such sum as shall in his opinion be reasonable and proper regard being
had to all material and relevant factors including the contractor‟s on costs
and overheads.
Day Work 11.2.4.1 The Engineer may if in his opinion it is necessary or desirable order in
writing that any additional or substituted work shall be executed on a day
work basis. The contractor shall then the paid for such work under the
conditions set out in the Day work schedule in the Bill of Quantities and at
the rates and prices affixed there to by him in his tender.
11.2.4.2 The contractor shall furnish to the engineer such receipts or other
vouchers as may be necessary to prove the amounts paid and before
ordering materials shall submit to the Engineer quotations for the same for
his approval.
11.2.4.3 In respect of all work executed on a day work basis the contractor shall
during the continuance of work deliver each day to the engineer‟s
Representative an exact list the duplicate of the names occupation and
time of all workmen employed on such work and a statement also in
duplicate showing the description and quantity of all materials and plant
used thereon or therefore (other than plant which is included in the
percentage addition in accordance with the schedule herein before
referred to). One copy of each list and statement will if correct or when
agreed be signed by the Engineer‟s Representative and returned, to the
contractor. At the end of each month the contractor shall deliver to the
Engineer‟s Representative a priced statement of the labour material and
plant (except as aforesaid) used and the contractor shall not be entitled to
any payment unless such lists and statements have been fully and
punctually rendered. Provided always that if the Engineer shall consider
that for any reason the sending of such list or statement by the contractor
in accordance with the foregoing provision was impracticable he shall
nevertheless be entitled to authorise payment for such work either as day
work. (On being satisfied as to the time employed and plant and materials
used on such work) or at such value therefore as shall in his opinion be
fair and reasonable.
The contractor shall send to the Engineer‟s Representative once in every
Claims 11.2.5 month an account giving particulars (as full and detailed as possible) of all
claims for any additional expense to which the contractor may consider
himself entitled and or all extra or additional work ordered by the Engineer
which he has executed during the preceding month and no claim for
payment for any such work will be considered which has not been
included in such particulars.

PLANAT TEMPORARY WORKS & MATERIALS

PLANT ETC. 12.1.1 All constructional Plant Temporary works and materials provided by
Exclusive use for contractor shall when brought on to the site be deemed to be exclusively
the work intended for the construction and completion of the works and the
contractor shall not remove the same or any part hereof (save for the
purpose of moving it from one part of the site to another) without the
consent in writing of the Engineer which shall not be unreasonably
withheld provided that nothing contained in these conditions shall prevent
the Employer from retaining on the site for the due completion of the
works, and any item of constructional Plant Temporary works and
materials after the happening of any event which gives to the Engineer the
right to exclude the contractor from site and proceed with the completion
of the works.
36
Removal of Plant 12.1.2.1 Upon completion of the works, the contractor shall remove from the site all
etc. the said constructional Plant and Temporary works remaining thereon any
unused material provided by the contractor.
12.1.2.2 If the contractor fails to remove any such constructional plant Temporary
Works or unused materials within such reasonable time, after the
completion of works, as may be allowed by the Engineer then the
Employer may sell the same and shall after deducting form the proceeds
costs, charges and expenses of and in connection with such sale pay the
balance if any, to the contractor.
Employer not 12.1.3 The Employer shall not at any time be liable for the loss of or injury to any
liable for of the said constructional plant Temporary works or materials save as
Damage to Plant mentioned in clauses 6.12.1., 6.12.2. and 17 hereof.
etc.
Employer’s Plant 12.1.3.1 The contractor may be permitted the use of the employer‟s cranes and
& Equipment other mechanical equipment (If the same can be conveniently spared) only
on payment of deposit and such charges as may be determined by the
Engineer provided these equipments could be spared while using the
equipment the contractor shall carry out such directions as may be given
by the Engineer or other officer in charge of such equipment and pay to
the employer the charges that are due but in the event of his failure to do
so the amounts due shall be recovered by deductions from the bills.
Re-export of 12.1.4 In respect of any constructional Plant which contractor shall have imported
Plant etc. for the purpose of the works the employer will assist the contractor where
required in procuring any necessary government consent to the re-export
of such constructional plant by the contractor upon the removal thereof as
aforesaid. In such case the contractor shall indicate, wherever possible re-
export commitment in the tender itself.
Customs 12.1.5 The Board will provided only recommendatory assistance to the contractor
Clearances were required in obtaining clearance through the customs of constructional
Conditions of plant materials & other things required for the works. It is however
Hire of contractor‟s responsibility to satisfy all the Rules and Regulations in this
Constructional regard.
Plant
12.1.6 With a view to securing in the event of a forfeiture under clause 16.1.1
hereof the continued availability for the purpose of executing the works of
any essential Hired plant the contractor shall not bring on to the site any
essential Hired plant unless the agreement for hire thereof contains a
provision that the owner thereof will on request in writings made by the
Employer within seven days after the date on which any such forfeiture
has become effective and on the Employer undertaking to a pay all hire
charges in respect thereof from such date hire Essential Hired Plant to the
Employer on the same terms in all respects as the same was hired to the
contractors save that the employer shall be entitled to permit the use
thereof by any other contractor employed by him for the purpose of
completing the works under the terms of the clause 16.1.
Hire purchase 12.1.7 The Employer shall in order to avoid seizure by the owner of any Hire
Payment by the Purchase Plant be entitled to pay to such owner the amount of any
Employer overdue installment for other sum payable under any agreement for hire
purchase and in the event of his doing so any amount so paid by him shall
be debt due from the contractor to the employer and may be deducted by
the Employer form any moneys due or that may become due to the
contractor under the contract or may be recovered by the employer form
the contractor at law.
Cost of purpose 12.1.8 In the event the Employer entering into any agreement for hire of Essential
of Clause 16.1.1 Hired Plant pursuant to the provisions of Clause 12.1.7. all sums properly
paid by the Employer under the provisions of any such agreement and all
expenses incurred by him (including stamp duties) in entering into such
agreement shall be deemed for the purpose of clause 16.1.1. hereof to be
part of the cost completing the work.
Contractor’s 12.1.9 The contractor shall upon request made by the Engineer at any time in
Certificate as to relation to any item of Essential Hired Plant forth with notify to the
hiring provisions Engineer in writing the name and address of the owner thereof and shall
37
 certify that the agreement for the hire thereof contains provision in
accordance with requirements of clause 12.1.6 and 12.1.7. The contractor
shall also upon request as aforesaid give a like notification (but without
certificate) in regard to any Hire Purchase Plant.
Contractor to 12.1.10 The contractor shall obtain all relevant information regarding the
obtain procedure for the imports and subsequent re-export of his constructional
Plant and materials form the chief controller of imports and Exports and
the Ministry of Transport. New Delhi and shall have informed himself on
the details of custom‟s charges and drawback regulations applicable to the
items of construction plant. The contractor shall provide the necessary
guarantee bonds when these are required by the customs notwithstanding
that in port licence may be granted in the name of the Employer.
Customs Dues 12.1.11 The contractor shall pay (and the rates and prices named by him in the
etc. priced bill of quantities shall include) all customs or other import duties.
Harbour dues port rates, tolls, pilotage, landing charges wharfage and
local imports and dues and all other costs charges and imports
whatsoever in respect of any material whether for the Permanent or
Temporary works, plant and other things imported into India or exported
there from in connection with the works either in the name of contractor or
the Employer.
Approval of 12.2 The operation of clause 12.1.1. to 12.1.1. hereof shall not be deemed to
Materials etc. not imply any approval by the Engineer of the materials or other matters
implied referred to therein nor shall it prevent the rejection of any such materials at
any time by the Engineer.
MEASUREMENT
Quantities 13.1. The quantities set out in the Bill of Quantities are the estimated quantities
of the work but they are not to be taken as the actual and correct
quantities of the works to be executed by the contractor in fulfillment of his
obligations under the contract.
Works to be 13.2 The Engineer shall except as otherwise stated ascertain and determine be
Measured admeasurements the value in accordance with the contract of work done
in accordance with the contract. He shall when the requires any part or
parts of the works to be measured give notice to the contractor‟s
authorized agent or representative shall forthwith send or attend a
qualified agent to assist the Engineer or the Engineer‟s Representative in
making such measurement and shall furnish all particulars required by
either of them. Should the contractor not attend or neglect or omit to send
such agent then the measurement make by the Engineer of approved by
him shall be taken to be the correct measurement of the work. For the
purpose of measuring such permanent work as is to be measured by
records and drawings the Engineers Representative shall prepare records
and Drawings month by month or such work and the contractor as and
when called upon to do so in writing shall within 14 days attend to examine
and agree such records and drawings with the Engineers Representative
and shall sign the same when so agreed and if the contractor does not so
attend to examine and agree any such record and Drawings they shall be
taken to be correct. If after examination of such records and drawings the
contractor does not agree the same or does not sign the same as agreed
they shall nevertheless to be taken to be correct unless the contractor
shall within 14 days of such examination lodge with the Engineer‟s
Representative for decision by the Engineer notice in writing of the
respects in which such records and drawings are claimed by him to be
incorrect.
Method of 13.3 The work shall be measured not withstanding any general or local custom
Measurement except where otherwise specifically described or prescribed in the
contract.
PROVISIONAL AND PRIME COST SUMS
Provisional 14.1.1 Every provisional sum (other than P.C. prices under the clause 14.1.2.) set
Sums out in the Bill of Quantities (whether for work to be executed by the
contractor which has not been specified in detail when the contract is
entered into or for work to be executed by a Nominated subcontractor as
hereinafter defined) together with the charges and profits (if any) which the
38
 contractor shall have added to such sums shall be deducted from the
contractor price and in lieu thereof there shall be added to the contract
price :-
(a) Where work to which the provisional sum relates has been order by the
Engineer and executed by the contractor the value of the work so
executed valued in accordance with clauses 11.2.1., 11.2.2. and 11.2.3.
hereof and.

(b) Where work to which the provisional sum relates has been ordered by the
Engineer and executed by Nominated sub-contractor (as hereinafter
defined) the sum or sums actually paid (subject however to the provision
of clause 14.1.5) by the contractor to such sub-contractor on the direction
of the engineer and (if the contractor shall have added to the provisional
sum to which the work relates any sums in respect of charges and profits)
a sum in the same proportion to the sum so actually paid as the said
charges and profits bear to the said provisional sum.
Prime Cost Items 14.1.2 Every sum in the Bill of Quantities which contains either as the whole or
part of the sum a prime cost (P.C.) price for goods or materials to be
supplied for or for incorporation into the works shall be varied by the
substitution for the prime cost price of the actual price (subject however to
the provisions of clause 14.1.5. hereof) paid by the contractor for the
goods or materials on the direction of the Engineer and the contract price
shall be increased or decreased (as the case may be) by the amount by
which the sum to the bill of quantities is increased or decreased by such
substitution. No variation shall made to or in respect of any sum added for
labours to the prime cost price on account of the said actual price being
greater or less than the prime cost price but in respect of all order charges
and profit there shall be added or deducted as the case may be a sum
representing such percentage as is provided in the Bill of Quantities in
relation to the particular item or prime cost concerned or (if none) as is
inserted by the contractor in the form of Tender as the percentage for the
adjustment of prime cost sums.
Use of 14.1.3 All sums set out in the Bill of Quantities which shall be stated to be stated
provisional and to be provisional or for contingencies shall be used only at the direction
Contingency and discretion of the Engineer and if not used either wholly or part shall as
Items to the amount not used be deducted from the contract price.
14.1.4.1 The contractor shall when required by the Engineer produce all quotation
invoices, vouchers and accounts or receipts in connection with
expenditure in respect of provision or prime cost items.
Production of 14.1.4.2 If instructed by the Engineer the contractor shall obtain quotations from
Vouchers etc. approved sub-contractors or suppliers for the execution of the works under
a provisional sum or the supply of goods or materials under a prime cost
sum. The contractor shall submit these quotations to the Engineer
together with such other information as the engineer may required and
upon receiving instruction from Engineer he shall place his order for the
execution of such work of the supply of such goods or materials with the
subcontractor or supplier nominated by the Engineer.
Cash Discount 14.1.5 In so far any sum is paid by the contractor to a nominated subcontractor
(as hereinafter defined) by direction of the Engineer under clause 14.1.1
(B) or 14.1.2. before the contractor shall have received payment of that
sum from the Employer there shall for the purpose of adjusting the
contract price under clause 14.1.1 or 14.1.2 hereof (as the case may be)
added to the actual sum paid by the contractor as aforesaid 2.5% of the
amount of such actual payment and the benefit of any cash discount
whether availed off or not by the contractor allowed in respect thereof shall
be passed to the Employer.
Assignment Sub- 14.1.6 In the event of a Nominated Subcontractor (as hereinafter defined) having
contractors undertaken towards the contractor in respect of work executed or the
Obligations goods or materials supplied by such nominated sub-contractor any
continuing obligation extending for a period exceeding that of the period of
maintenance under this contract the contractor shall at any time after the
expiration of the period of maintenance assign to the Employer at the
39
 Employer‟s request and cost the benefit of such obligation for the
unexpired duration thereof.
Nominated Sub- 14.2.1 All specialists merchants tradesmen and other executing any work or
contractors supplying any goods for which provisional or prime cost sums are included
in the Bill of Quantities who may have been or be nominated or selected or
approved by the Employer or the Engineer and all persons to whom by
virtue of the provisions of the Bill of Quantities of Specification the
contractor is required to subject any work shall in the execution of such
work or that supply of such goods be deemed to be sub-Contractors
employed by the contractor and are hereinafter referred to as Nominated
Sub-Contractors Provided always that the contractor shall not be required
by the Employer or the engineer or be deemed to be under any obligation
to employ any nominated subcontractor who shall decline to enter into a
sub-contractor with the contract containing provisions.
(a) That is respect of the work or goods the subject of the sub-contract
nominated sub-contractor will undertake towards the contractor the like
obligation and liabilities arises as are imposed upon the contractor towards
the Employer by the terms of the contract and will save harmless and
indemnify the contractor from and against the same and from all claims
demands proceedings damages cost charges and expenses whatsoever
arising out of or in connection therewith or arising out of or in connection
with any failure to perform such obligations or to fulfill such liabilities and.
(b) That the Nominated sub-contractor will save harmless and indemnify the
contractor from and against any negligence by the nominated sub-
contractor his agents workmen and servants and from and against any
misuse by him or them of any constructional plant or Temporary Works
provided by the contractor for the purpose of the contract and from all
claims as aforesaid.
Payments to 14.2.2.1 Before issuing under clauses 15.1.1 to 15.1.7 hereof any certificate which
Nominated Sub- includes any payment in respect of work done or goods supplied by any
contractors nominated sub-contractor the Engineer shall be entitled to demand from
the contractor responsible proof that all payments (less retentions)
included in previous in certificated in respect of the work or goods of such
nominated sub-contractor have been paid or discharged by the contractor
in default whereof unless the contractor shall.
(a) Inform the Engineer in writing that he has reasonable cause for
withholding or refusing to make such payment and
(b) Produce to the Engineer reasonable proof that he has so informed such
nominated sub-contractor in writings.
14.2.2.2 The Employer shall be entitled to such nominated sub-contractor direct
upon the certificate of the Engineer all payments (less retentions) which
the contractor has failed to make to such nominated sub-contractor and to
deduct by way of set-off the amount so paid by the Employer from any
sum due or which become due from the Employer to the contractor.

14.2.2.3 Provided always that where the Engineer has certified and the employer
has paid direct as aforesaid the Engineer shall in issuing any further
certificate in favour of the contractor deduct from the amount thereof the
amount so paid direct as aforesaid but shall not withhold or delay the issue
of the certificate itself when due to be issued under the terms of the
contract.
Final payment to 14.2.3 If the engineer desires to secure final payment to any nomination
Nominated Sub- subcontractor before final payment is due to the contractor and if such
contractor sub-contractor has satisfactory indemnified the contractor against any
latent defects than the Engineer may in certificate under clauses 15.1.1 to
15.1.7. of these conditions include as amount to cover the said final
payments and thereupon the contractor shall pay to such sub-contractor
the amount so certified and the limit of retention money named in the
appendix to the tender shall be reduced in proportion to the amount so
certified and the contractor shall be discharged from all liability for the
work or materials covered by such certificate except for any latent defects.
CERTIFICATES AND PAYMENTS
40
Monthly payment 15.1.1.1 The contractor shall submit to the Engineer each month on or before the
10th of the month, a statement on the standard printed form to be had an
application showing the estimated contract value of the permanent work
executed upto the end of the month (if such value shall justify the issue of
an interim certificate) and the contractor will be paid monthly on the
certificate of the Engineer. The amount due to him on account of
estimated contract value of the permanent work executed up to the end of
the previous month together with such amount (if any) as the Engineer
may consider proper on account of material for permanent works delivered
by the contractor on the site and in addition such amount as the Engineer
may consider fair and reasonable for any Temporary works or
constructional plants for which separate amounts are provided in Bill of
Quantities subject to a retention of the ………………… % named in the
tender unit the amount retained shall reach the “Limit of Retention Money”
named the tender (hereinafter called “The Retention Money”) provided
always that no interim certificate shall be issued for a sum less than that
named in the tender at one time.
15.1.1.2 80% of the net amount of interim certificate shall be paid by the Employer
within 10 days from the date of interim certificate and the balance within
30 days from the date of interim certificate.
15.1.2.1 One half of the Retention Money shall become due and shall be paid to
the contractor when the Engineer shall certify in writing that the works
have been substantially completed and other half shall be paid to the
contractor 14 days after the maintenance certificate has been delivered to
the Employer notwithstanding that at such time there may be outstanding
claims by the contractor against the Employer and provided always that if
at such time there shall retain to be executed by the contractor any works
ordered during such period pursuant to clause 10.1.1 to 10.1.4 and 1.2
hereof the Employer shall be entitled to with hold payment until the
completion of such works of so much of the second half of the retention
money as shall in the opinion of the Engineer represent the cost of the
works so remaining to be executed.
15.1.2.2 Provided further that in the event of different maintenance periods having
become applicable to different parts of the works pursuant to clause 9.8
hereof the expression” expiration of the period of Maintenance” shall for
the purposes of the clause be deemed to mean the expiration of the latest
of such period.
Time of payment 15.1.3.1 Payment upon each of the Engineer‟s Certificate shall subject to the
provision hereinafter be made by the Employer within the number of days
named in the Tender after such certificate has been issued by the
Engineer.
15.1.3.2 Delay in making such payments by the Employer due to exceptional
circumstances shall not nullify or vitiate in any way the other conditions of
the contract and contractor shall have no claim on this account.
Correction and 15.1.4 The Engineer may be any certificate make any correction or modification
with holding of in any previous certificate which shall have been issued by him and shall
Certificate have power to withhold any certificate if the works or any part thereof are
not being carried out to his satisfaction.
Indian Currency 15.1.5 Subject to the provision of clause 15.1.7 hereunder all payments made to
the contractor under the contract shall unless otherwise agreed be made
to the contractor in Indian currency.
Foreign currency 15.1.6 If the execution of the works shall necessitate material or equipment for
Required for incorporation in the permanent works which can bot be obtained in India,
permanent works an application for import Licence in each case is to be made-by the
contractor. The release of necessary foreign currency for such purpose
shall be arranged by the Employer and shall not be included in the amount
of foreign Exchange referred in Clause 15.1.7 hereunder. Such Foreign
currency will paid at the rate stated in the tender.
Foreign 15.1.7 The contractor shall insert in the tender the amount which he requires to
Exchange be paid in foreign currency in addition to payments under clause 15.1.6 for
Required for all all other purposes such as contractors plant overseas staff, expenses etc,
other purposes which shall be listed in detail. The contractor shall also insert in the tender,
41
 the rate of exchange at the date of tendering upon which his tender is
based and the payment shall be made accordingly.
Advance for 15.1.8.1 The Employer shall pay to the contractor a lump sum advance as stated in
mobilisation part-II against Bank guarantee as a loan towards initial mobilization at the
interest started in Par-II. The advance shall be given immediately after the
execution of the contract agreement provided that the contractor shall
obtain and furnish at his own expenses towards security an advance
guarantee bond in the approved from as given in the tender documents for
a sum equal to the amount of the loan issued by a scheduled bank or the
Life insurance corporation of India.
Repayment of 15.1.8.2 The entire sum of the loan together with the interest accrued thereon shall
Advance for be recovered from the contractor from his monthly bills as stated in Part-II
mobilisation
Recovery of (i) Recovery of the sum loaned above shall be made from the payment
Loan certified in the interim certificate in proportion to the value of the work done
and certified by the Engineer after the value of the work reaches 25% of
the tendered value and all sums loaned shall be fully recovered by the
time the value of work completed reaches 75% of the tendered value and
the balance of loan, if any, remaining unpaid at that time shall forthwith be
paid up in cash by the contractor. The recovery of interest at the rate
referred to clause 16.2 (a) hereof on the loan shall be made monthly by
deduction from the interim certificates next due and the same shall be
calculated on the balance loans outstanding on the last day of each
previous calendar month.
(ii) The recovery of loan will normally be made according to the following
formula.
R=200 X P% of the gross value of the interim bill.
A
Where R=Recovery by which the total loan is to be reduced
P=Total amount of Loan(i.e. the amount of the loan
When 25% the contract price of the work has been Completed)
A= Contract value
If, however, the amount so arrived at, falls short of Rs.25,000/- the
contractors will have to make good the shortfall either by allowing
additional recovery from the bill or by payment in cash/by cheque, so that
an amount of Rs. 25,000/- is repaid every month.
(iii) The recovery of the installment of the loan and interest thereon will be
made proportionately from the 80% and 20% payments due to them
through their interim bill is due from/issued to them, the recovery of loan
according to the above formula may not be feasible. In that case, in order
to maintain the speed and continuity, of recovery the contractors will have
to pay an amount of Rs.25,000/- being the minimum amount towards
repayment of loan, and the interest due for that month before the end of
that month.
Advance for 15.1.9.1 If required by the contractor, an advance at an interest 3% over the
plant and Reserve Bank rate as announced from time to time by the Reserve Bank
Equipment’s of India under section 49 for the R.B.I. Act 1984 per annum may be paid
by the Employer as under.
(i) Up to 90% of the value of the new plants and equipment‟s considered
necessary for the work and the same procured and brought to site by the
contract for the work and.
(ii) 75% of cost as assessed by the Engineer in the case or old plant and
equipment‟s considered necessary for the work and brought to site by the
contract for the work.

Against production relevant documents and hypothecation of the said

plant and equipment to the Employer. In the event of any advance against
hypothecation of plant and machinery being granted to one contractor, the
contractor shall execute a deed of hypothecation, hypothecating the plant,
machinery and equipment against the advance received from the Board
and have the same registered before the Register of companies under
section 125 of the companies Act, in the case of companies registered
42
 under the companies Act. The amount of this advance shall be restricted
to 10% or the contract value.
Repayment of 15.1.9.2 The advance for machinery and equipment together with interest accord
Advance for thereon will be recovered from the monthly Bills as stated in clause
machinery and 15.1.8.2.
equipment
Advance on 15.1.10 “Interest free advance to the extent of 75% of the cost of materials brought
Material to site for permanent work will be paid to the contractor only on certain
items as may be approved by the Engineer. The advance on materials will
be recovered from subsequent bills as and when the materials are used in
the work”.
Approval only by 15.2 No certificate other than the Maintenance Certificate referred to in Clauses
Maintenance 15.3.1 to 15.3.3. hereof shall be demand to constitute approval of any
Certificate work or other matter in respect of which it is issued or shall be taken as an
admission of the due performance of the contract or any part thereof or off
the accuracy of any claim or demand made by the contractor or of
additional or varied work having been ordered by the Engineer not shall
any other certificate conclude or prejudice any of the powers of the
Engineer.
Maintenance 15.3.1 The contractor shall not be considered as completed until a maintenance
Certificate certificate shall have been signed by the Engineer and delivered to the
Employer stating that the works have been completed and maintained to
his satisfaction. The Maintenance certificate shall be given by the
Engineer twenty eight days after the expiration of the period of
maintenance (or if different periods of maintenance, shall become
applicable to different parts of the works the expiration of the latest such
period) or as soon thereafter as any works ordered during such period
pursuant to clauses 10.1 and 12.2 hereof shall have been completed to
the satisfaction of the Engineer and full effect shall be given to this clause
notwithstanding any previous entry on the works or the taking possession
work or using thereof or any part thereof by the Employer. Provided
always that the issue of the maintenance certificate shall not be a
condition procedure to payment to the contractor of the second portion or
the Retention Money in accordance with the conditions set out in Part-II in
the clauses 15.1.1. to 15.1.9.
Creation of 15.3.2 The Employer shall not be liable to the contractor for any matter or thing
Employers arising out of the in connection with the contract or the execution of the
liability works unless the contractor shall have made claim in writing in respect
thereof the giving of the maintenance certificate under this clause.
Unfulfilled 15.3.3 Notwithstanding the issue of the Maintenance Certificate the contractor
Obligation and (subject to clause 15.3.2.) the Employer shall remain liable for the
fulfillment of any obligation incurred under the provisions of the contract
prior to the issue of the Maintenance certificate which remains
unperformed at the time such certificate is issued and for the purposes of
determining the nature and extent of any such obligation the contract shall
be deemed to remain in force between the parties hereto.
Time Limit for 15.3.4.1 The contractor‟s final bill shall be passed for payment within three months
Payment of final after the issue of certificated by the Engineer provided the contractor has
Bill fully complied with the requirements under the contract. If the amount
payable under any certificate is not sufficient to cover deductions to be
made for the sums loaned and other sums deductible under the contract
the balance outstanding shall be paid by the contractor in cash within 15
working days from the date of receipt of the written notice issued in this
regard by the Engineer.
The date on which a cheque of payment is handed over to the contractor
by the Employer will considered as the date of payment for all purpose.
15.3.4.3 After the payment of the amount of final bill payable as aforesaid has been
made the contractor may, if he so desires reconsider his position in
respect of the disputed portion of the final bill and if he fails to do so within
90 days his disputed claim shall be dealt with as provided in the contract.
REMEDIES AND POWERS
Forfeiture 16.1.1 If the contractor shall become bankrupt of have a receiving order made
43
 against him or shall present his petition in bankruptcy or shall make as
agreement with or assignment in favour or his creditors or shall agree to
carry out the contract under committee of inspection of his creditors or
(being a corporation) shall go into liquidation (other than a voluntary
Liquidation for the purpose of amalgamation of reconstruction) or if the
contractor shall assign the contract without the consent in writing of the
Employer first obtained or shall have an execution levied on his goods or if
the Engineer shall certify in writing to the Employer that in his opinion the
contractor :-
(a) Has abandoned the contract or
(b) Without reasonable excuse has failed to commence the works or has
suspended the progress of the works for 28 days after receiving from the
Engineer written notice to proceed or
(c) Has failed to remove materials from the site or to pull down and replace
work for 28 days, after receiving from the Engineer written notice that the
said materials or work has been condemned and rejected by the Engineer
under these conditions or.
(d) If not executing the works in accordance with the contract or is persistently
or flagrantly neglecting to carry out his obligations under the contract or
(e) has to determent of good workmanship or in defiance of the Engineer‟s
instructions to the contrary sub-let any part of contract, then the Employer
may after giving 14 days notice in writing to the contractor enter upon the
site and the works and expel the contractor there from without thereby
avoiding the contract or releasing the contractor from any of his obligations
or liabilities under the contractor or affecting the rights and powers
conferred on the Employer or the Engineer by the contract and may
himself complete the works or may employ another contractor to complete
the works and the employer or such other contractor may use for such
completion so much of the constructional plant temporary work and
materials which have been deemed to be reserved exclusively for the
construction and completion of the works under the provisions of the
contract as he or they may think proper and the employer may at any time
sell any of the said constructional plant temporary works and unused
materials and apply the proceeds of sale in or towards the satisfaction of
any sums due or which may become due to him from the contractor under
the contract.
Valuation 16.1.2 The Engineer shall as soon as may be practicable after any such entry
forfeiture and expulsion by the Employer fix and determine ex parte or by or after
reference to the parties or after such investigation or enquiries as he may
think fit to make or institute and shall certify that amount (if any) had at the
time of such entry and expulsion been reasonable earned by or would
reasonably accrue to the contractor in respect of work then actually done
by him under the contract and what was the value of any of the said
unused or partially used materials any constructional plant and any
temporary works.
Payment after 16.1.3 If the Employer shall enter and expel the contractor under this clause he
Forfeiture shall not be liable to pay to the contractor any money on account of the
contract until the expiration of the period of maintenance and thereafter
until the costs of completion and maintenance damages for delay in
completion (if any) and all other expenses incurred by the Employer have
been ascertained and the amount thereof certified by the Engineer. The
contractor shall then by entitled to receive only such sum or sums (if any)
as the Engineer may certify would have been due to him upon due
completion by him after deducting the said amount. But if such amount
shall exceed the sum which would have been payable to the contractor on
due completion by him than the contractor shall upon demand pay to the
Employer the amount of such excess and it shall be deemed a debt due
by the contractor to the employer shall be recoverable accordingly.
Assignment of 16.1.4 If so required by the Employer of the Engineer the contractor shall before
benefit of the expiration of the notice referred to in clause 16.1.1 of this clause
Agreement assign to the Employer without payment the benefit of any agreement
which the contractor has entered into for the supply of materials and/or for
44
 the execution of any works for the purpose of the contract but on the terms
that a supplier or sub-contractor shall be entitled to make any reasonable
objection to any further assignment thereof by the employer and the
Employer may pay the supplier or sub-contractor for any such material
supplied and delivered to the site or works executed under such
agreement (whether the same be assigned as aforesaid or not) before or
after the giving of the notice the amount due by such agreement in so far
as the supplier or the sub-contractor or by the employer to the contractor.
The Employer‟s right under the clause are in addition to their rights to
nominated sub-contractors as provided in clause 14.2.2 and payments
under clause 14.2.3. or under this clause may be made out of any
Retention money in the hands of the Employer.
Urgent Repairs 16.2 If by reason of any accident of failure or failure of other event occurring to
in or in connection with the works or any part thereof either during the
execution of the works or during the period of maintenance any remedial
or other work or repairs shall in the opinion of the Engineer or the
Engineer Representative be urgently necessary of security and the
contractor is unable or unwilling at once to do such work or repair the
Employer may be his own or other workmen do such work or repair as the
Engineer or the Engineer‟s Representative may consider necessary. If the
work or repair so done by the Employer is work which in the opinion of the
Engineer the contractor was liable to do at his own expense under the
contract all cost and charges properly incurred by the Employer in so
doing shall on demand be paid by the contractor to the Employer or may
be deducted by the Employer from any monies due or which may become
due to the contractor, provided always that the Engineer of the Engineer‟s
Representative (as the case may be ) shall as soon after the occurrence of
any such emergency as may be reasonably practicable notify the
contractor thereof in writing.
SPECIAL RISKS
No liability for 17. Notwithstanding anything in contract contained.
war, etc Risk
(1) The contractor shall be under no liability whatsoever whether by way of
indemnity or otherwise for or in respect of destruction of or damage to the
works (save to work condemned under the provisions of clauses 8.5.2
hereof prior to the occurrence of any special risk hereinafter mentioned) or
Temporary works or to property whether of the Employer or third parties or
for or in respect of injury or loss of life which is he consequence whether
direct or indirect of war hostilities (whether war be declared or not)
invasion act of foreign enemies rebellion revolution insurrection of military
or usurped power civil war or (otherwise than among the contractor‟s own
employees) riot commotion or disorder (hereinafter comprehensively
referred to as “the said special Risks”).
Projectile (2) Destruction damage injury or loss of life caused by the explosion or impact
Missile, etc. whenever and wherever occurring of any mine bomb shell grenade or
other projectile missile ammunition or explosive of war shall be deemed to
be a consequence of the said special Risks.
Increased costs (3) The Employer shall repay to the contractor any increased cost of
arising from incidental to the execution of the works (other than such as may be
Special Risks attributable to the cost of reconstructing work condemned under the
provisions of clause 8.5 and 8.5.2. hereof prior to the occurrence of any
special Risk) which is howsoever attributable to or consequent on or the
result of or any way whatsoever connected with the said special risks
(subject however to the provisions in this clause hereinafter contained in
regard to outbreak of war) but the contractor shall as soon as any such
increase of cost shall come to his knowledge forth with notify the Engineer
thereof in writing.
Outbreak of war (4) If during the currency of the contract there shall be an outbreak of war
(whether war is declare or not ) in any part of the world which whether
financially or otherwise materially affects the execution of the woks the
contractor shall unless and until the contract is terminated under the
provisions in this clause contained use his best endeavors to compete the
45
 execution of the works provided always that the Employer shall be entitled
at any time after such outbreak of war to terminate this contract by giving
notice in writing to the contractor and upon such notice being given this
contract shall (save as to the right s of the parties under this clause and to
the operation of clause 19.1 hereof terminate but without prejudice to the
rights of either party in respect of any antecedent breach thereof.
Removal of Plant (5) If the contract shall be terminated under the provisions of the last
on Termination preceding clause the contractor shall with all reasonable dispatch remove
from the site all constructional plant and shall give similar facilities to his
sub-contractors to do so.
Payment if (6) If the contract shall be terminated as aforesaid the contractor shall be paid
Contract by the Employer (in so far as such amounts items shall not have already
terminated been covered by payments on account made to the contractor) for all work
executed prior to the date of termination at the rates and prices provided in
the contract and in addition :-
(a) The amounts payable in respect of any preliminary items so far as the
works or service comprised therein has been carried out or performed and
a proper proportion as certified by the Engineer of any such items the work
of service comprised in which has been partially carried out or performed.
(b) The cost of materials or goods reasonable ordered for the works or
Temporary works which shall have been delivered to the contractor or of
which the contractor is legally liable to accept delivery (such materials or
goods becoming the property of the employer upon such payment being
made by him).
(c) A sum to be certified by the Engineer being the amount of any expenditure
reasonably incurred by the contractor in the expectation of completing the
whole of the works in so for as such expenditure shall not have been
covered by the payments in this clause before mentioned.
(d) Any additional sum payable under the provisions of clause 17.4.
(e) The reasonable cost of removal under clause 17.6 and (if required by the
contractor return thereof to the contractor‟s main plant yard in his country
of registration or to any other destination at no greater cost.
(f) The reasonable cost of repatriation of all the contractor‟s staff and
workmen employed on or in connection with the works at the time of such
termination.
Provided always that against any payment due from the Employer under
this sub-clause the Employer shall be entitled to credit with any
outstanding balance due from the contractor for advance in respect of
plant and materials and any sum previously paid by the Employer to the
contractor in respect of the works.

FRUSTRATION
Payment in 18.0 In the event of the contract being frustrated whether by war or otherwise
Event of howsoever the sum payable by the Employer to the contractor in respect
Frustration of the work executed shall be the same as that which would have been
payable under clause 17 hereof if the contract had been terminated under
the provisions of clause 17 hereof.

NOTICES
Service of 20.1 Any notice to be given to the contractor under the terms of the contract
Notices on shall be served by sending the same post to or leaving the same at the
Contractor contractor‟s principal place of business (or in the event of the contractor
being a company to or at its registered office) or at contractor‟s site office
or elsewhere as approved by the Engineer.
Service of 20.2 Any notice to be given to the Employer under the terms of the contract
Notices on shall be served by sending the same by post to or leaving the same at the
Employer Employer‟s last known address (or in the event of the Employer being a
company to or at his registered office).
Major Economic 21.2 In the event of there being subsequent to the date of Tender such a major
Dislocation economic dislocation within the country in which the works are being or
are to be constructed as to result in the imposition by the Government or
that country or currency restrictions or in devaluation of the currency of
46
 that country the Employer shall pay to the contractor any increased cost
of or incidentals to the execution of the works which is howsoever
attributed to or consequent on or the result of or in any way whatever
connected with such economic dislocation provided always that nothing in
this clause contained shall prejudice the right of the contractor to always
that noting in this clause contained shall prejudice the right of the
contractor to exercise any other rights or remedies to which the contractor
may be entitled in such event.
Registration with 21.3 The contractor shall register with the Employer‟s Dy. Conservator/
Board’s D.PLC. Dy. Port Conservator/Director Marine Department all his floating crafts
of the employed in the execution of this contract and no floating craft which has
contractor’s not been so registered shall be allowed to be employed in execution of
this contract. No exemption whatsoever shall be grant granted in this
regard.
Floating crafts 21.3 The contractor shall be interpreted and have effect in accordance with the
used in the law of India and any suit or other proceedings relating to this contract
execution of shall be filed or taken by the contractor in a court of law only (in Cuttack,
contract works Orissa)

21.4 The successful tenders should furnish information before the award of the
contract whether he himself or any of his partners directors or employees
has held class-1 post in the Port Trust within the period of last two years.
Income Tax 21.5 The tenderers are required to submit Income Tax clearance certificate
Clearance alongwith their tender.

CONDITIONS OF CONTRACT

Part – II Conditions of particular application

(Definitions Clause 1.1)

Employer (a) The Employer (hereinafter called “Board”) means to Trustees of the Port of
PARADIP. A body corporate under the Major Port Trust Act 38 of 1963
represented by the Chairman.
Engineer (b) The Engineer is the Chief Engineer of the PARADIP PORT TRUST
Consultant (c) The „consultant‟ is M/s
…………………………………………………………… whom the
consultancy Agreement has been entered in to by the Employer on
…………
Earnest money The amount of Earnest Money shall be 1% of the estimated cost put to
6.2.01. tender subject ot the minimum of Rs.50/- and maximum of Rs. 20,000/-
Security Deposit (See at Page-19 amended) A, B
6.2.1.
Retention Money 5% of the amount of certified bill up to a limit 3% of the contract price.
6.2.2.

Remedy of (Rate of interest as applicable to be indicated) 3% above prevailing Bank

Contractor’s rate‟s as announced by the Reserve bank of India from time to time under
Failure to ensure section 49 of the R.B.I. Act 1934.
6.17.
Liquidated ¼% per week or part thereof the total value of the contract, subject to the
damages 9.7.1 maximum of 5% of the total value of contract (may be reviewed if
required).
Variation 11.2.3. Upto 15% of the contract price.
Mobilisation Upto 15% of contract price at the interest rate 3% above the prevailing
Advance „Bank Rate‟ as announced by the Reserve Bank of India from time to
15.18.1. under section 49 of the R.B.I. Act 1934.
“RECOVERY OF LOAN”
47
 Repayment of (i) Recovery of the sum loaned above shall be made from the payment
Advance for certified in the interim certificate in proportion to the value of the work
mobilisation done and certified by the Engineer after the value of the work reaches
15.1.8.2. 25% of the tendered value and all sums loaned shall be fully recovered by
the time the value of work completed reaches 75% of tendered value and
the balance of loan. If any remaining unpaid at that time shall forthwith be
paid by in cash by the contractor. The recovery of interest at the rate
referred to clause 16.2 (a) hereof on the loan shall be made monthly by
deduction from the Interim certificate next due and the same shall be
calculated on the balance loans outstanding on the last day of each
previous calendar month.
(ii) The recovery of loan will normally be made according to the following
formula :
R= 200 X p% of the gross value of the interim bill
A
Where R= Recovery by which the total loan is to be reduced
P= Total payment of loan (i.e. the amount of the loan when 25% of the
contract price of the work has been completed)
P = Contract value
If however, the amount so arrived at, falls short or Rs, 25,000/- the
contractors will have to make good the shortfall either by allowing
additional recovery from the bill or by payment in cash/by cheque, so that
an amount of Rs.25,000/- is repaid every month.
Advance against (iii) The recovery of the installment of the loan, an interest thereon will be
Plant & made proportionately from the 80% and 20% payments due to them
equipment through their interim bill is due from/issued to them, the recovery of loan
15.1.9.2. according to the above formula may not be feasible. In that case, in order
to maintain the speed and continuity of recovery, the contractors will have
to pay an amount of Rs.25,000/- being the minimum amount towards the
repayment of loan, and the interest due for that month in cash/by cheque,
before the end of that month.
Repayment of Upto maximum 10% of the contract price at the interest rate of 3% above
advance against the “Bank Rate” as 15.1.8.1. above.
plant &
equipment
15.1.9.2
Advance of Mode of recovery as detailed in 15.1.8.2 above.
materials
15.1.10
Recovery of Advances will be recovered from the bills as and when materials are used
Advance of in the works.
materials
15.1.10.

48
 SPECIAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS

Clause TITLE Page No.

1. General
2. The Work
3. The Site
4. Programme and Progress of Work
5. Survey and Levels to be Agreed
6. Setting out the works
7. Order of works
8. Co-ordination and Inspection of Works
9. Contractor‟s Technical Staff
10. Work in monsoon
11. Contractor‟s working area
12. Temporary works, office, jetty, etc.
13. Operations of the Board and others
14. Port Trust Rules
15. Existing Services
16. Entry on private or other property
17. Notice of operations
18. Security and Safety
19. (a) Law Governing contract
(b) Arbitration and Notice
20. Joint Measurement of extras
21. Defects prior to taking over.
22. Possession prior to completion
23. Completion Documents
24. Water & power supply
25. Abnormal Rates
26. Dispute in Mode of Measurement
27. Liability and Guarantees
28. Contract supersedes previous documents
29. Bribes & commission
30. Photography
31. Publicity
32. Price Adjustment Payment/Escalation
33. No Compensation in case of Alteration or Restriction of works.
34. Right to the Board to Determine and Terminate Contract.
35 Security Deposit
36 Period of Maintenance
37 Joint Venture Participation
38 Deduction /Recovery of Cess under BO&CW Act
39 Employees Provident Fund / Employees State Insurance

49
 SPECIAL CONDITIONS OF CONTRACT

1. GENERAL
1.1 Special Conditions shall be read in conjunction with the General Conditions of Contract,
specification, Drawings and any other documents forming part of this contract wherever the
context so requires.
1.2 Notwithstanding the Sub-division of the documents in to these separate section and volume
every part of each shall be deemed to be supplementary to and complementary of every
other part and shall be read with and into the Contract so far as it may be practicable to do
so.
1.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with
any provisions of the Special conditions, the provisions of the Special Conditions shall be
deemed to over-ride the provisions of the General Conditions of contract and shall to the
extent of such repugnancy of variations, prevail.
1.4 Where it is mentioned in the Specification that the contractor shall perform certain work or
provide certain facilities, it is understood that the Contractor shall do so at his own cost.
1.5 The materials, design and workmanship shall satisfy the relevant Indian standard, the
specification conditioned herein and codes referred to. Where the specifications stipulate
requirement in addition to those contained in the Standard codes and specifications these
additional requirements shall also be satisfied.
2. THE WORK:
2.1 Scope of work: Furrow cutting, Spray grouting, 50mm bituminous macadam, 20mm
thick premix carpeting, seal coating, blinding the road surface, etc.The contractor will have
to execute the work strictly as per the direction of Engineer-in-charge

2.2 NATURE OF WORK: As detailed out in Bill of Quantities (BoQ) as per specifications and
drawings under this contract
3. THE SITE:
3.1 Site information.
3.1.1 The datum of soundings (chart datum) is Low Water Ordinary Spring Tide and all soundings
in drawings are referred to this Datum.
3.1.2 The following are the particulars of certain tide levels referred to the above „DATUM‟
TIDE CHART DATUM
Highest High Water +3.25 M
Lowest Low Water +0.40 M
Indian Mean Sea Level +1.55 M

3.1.3 Climate is tropical with high humidity. The maximum temperature is 102 degree F and the
minimum 51 degree F. The average annual rainfall is 55” which falls mostly during the South
West monsoon prevailing during the months of June – October.
The wind during the monsoon months of June to September is predominantly from South-
west and the strength varies between 3 and 5 on the Beanfort Scale. But there are certain
periods when the force increased to 6 or still higher.
3.2 Inspection of Site.
3.2.1 The intending tenderers are expected to visit the site and satisfy themselves on the actual
site conditions, meteorological and oceanographic data before tendering. Whatever
information regarding climatological data given in the tender documents is only intended as a
general guidance for the contractor and no warranty is given for the correctness of the same.
3.3 Access to Site: The contractor should examine the access to site before submitting his offer.
3.3.1 At present the work site is approachable by road from Cuttack Railway Station, a distance of
about 90 Kms. Cuttack is on Howrah-Madras Railway line. The site is also accessible by sea
from Calcutta, Visakhapatnam or any other Port.

50
4. PROGRAMME AND PROGRESS OF WORK
4.1 The contractor shall submit to the CE a realistic Bar Chart Schedule within 15 days from the
date of issue of work order showing the dates of commencement and completion of the
several parts of the work including anticipated dates for delivery, erection etc. of the various
sections of the work for this contract. The details Bar Chart Schedule shall be updated and
submitted by the contractor every three months.
4.2 The contractor shall submit to the CE in the first week of each month or any such period as
the CE may from time to time direct, a progress report for the proceeding period showing up-
to-date progress and progress during the previous period on all important items of each
section of portion of the work, in relation to and in consideration of detailed Bar Chart
Schedule.
5. SURVEYS AND LEVELS TO BE AGREED:
5.1 Before the works of any part thereof begun, the Contractor‟s agent and the CE‟s
representative shall together survey and take levels of the site of the works both above and
below water level, and agree all particulars on which the measurements of the works are to
be based. Such particulars shall be plotted by the Contractor and after agreement, the
drawings shall be signed by the CE or his authorized representative.
5.2 Failing such surveys and agreements being prepared and/or signed by the contractor, the
survey of the CE shall be final and binding on the Contractor.
5.3 The contractor shall be entirely responsible for the horizontal and vertical alignment, the
levels and correctness of every part of the work and shall rectify any errors or imperfection
therein. Such rectification shall be carried out by the contractor, at his own cost.
6. SETTING OUT THE WORKS:
The Contractor shall be responsible for the true and proper setting out of the works and for
the correctness of the position, levels, dimensions and alignment of all parts of the works and
for the provision of all necessary instruments appliances and labour in connection therewith.
If at any time during the progress of the works any error shall appear or arise in the position,
levels, dimensions or alignment of any part of the works, the contractor on being required so
to do by the CE shall at his own expenses rectify such error to the satisfaction of the CE
unless such error is based on incorrect data supplied in writing by the CE in which case the
expenses of rectifying the same shall be borne by the Board. The checking or any setting out
or of any line or level by the CE shall not in any way relieve the contractor of his
responsibility for the correctness thereof and the contractor shall carefully protect and
preserve all bench-marks, site nails, pegs and other things unused in setting out the works.
7. ORDER OF WORKS:
The order in which the works are to be carried out shall be to the approval of the CE and
shall be such as to suit the detailed method of construction, adopted by the contractor as
well as the realistic Bar Chart schedule. The works shall be carried out in such a manner so
as to enable the other contractors to work concurrently so that the entire project may be
brought into use immediately after the completion of works.
8. CO-ORDINATION AND INSPECTION OF WORKS:
The Co-ordination and inspection of the day-to-day work under the contract shall be the
responsibility of the Engineer and / or his representative. The written instructions regarding
any particular work will be normally passed by the Engineer and / or his representative.
.

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9. CONTRACTOR’S TECHNICAL STAFFS.
The Contractor shall provide all necessary technical supervisor / Staff during the execution
of the works and as long thereafter as the Engineer and / or his representative may consider
necessary for the proper fulfilling of the contractor‟s obligations under the Contract. The
Contractor‟s representative approved by the Engineer and / or his representative is to be
constantly present on the works and shall give his whole time for supervision of the same
and shall make himself available whenever called for by the Engineer and / or his
representative. If such approval shall be withdrawn by the Engineer and / or his
representative the Contractor shall as soon as practicable after receiving written notice of
such withdrawal; remove the agent from the site and shall not thereafter employ him again
on the site in any capacity and shall replace him by another agent approved by the Engineer
and / or his representative. Such authorized agent or representative shall receive on behalf
of the Contractor directions and instructions from the Engineer and / or his representative.
9.1 The names of training and experience of the Contractor‟s agent or representative and other
supervisory site staff shall be submitted to the CE for approval before they are appointed.
9.2 The Contractor shall provide and employ on the site in connection with the execution and
maintenance of work ;
a) Only such technical assistants as are skilled and experienced in their respective
calling and such sub-agent foremen and leading hands as are competent to give
proper supervision to the work they are required to supervise, and
b) Such skilled, semi-skilled labour as is necessary for the proper and timely execution
and maintenance of the works.
9.3 The Engineer and / or his representative shall be at liberty to object to and require the
contractor to remove forthwith from the works any person employed by the contractor in or
about the execution or maintenance of the works who in the opinion of the Engineer and / or
his representative misconducts himself or is incompetent or negligent in the proper
performance of his duties or whose employment is otherwise considered by the Engineer
and / or his representative to be undesirable and such person shall not be again employed
upon the works without written permission of the Engineer and / or his representative. Any
person so removed from the works shall be replaced without delay.
10. WORK IN MONSOON:
The execution of the work shall continue in the monsoon also. The Contractor must maintain
sufficient labour force, plant machineries and coverings etc. as may be required for the work
and to execute the construction according to the prescribed schedule. NO special rate will be
considered for such work in monsoon.
10.1 Holiday or Sunday work:
Generally, work on Sundays and Holidays are not allowed. However subject to provision in
local Acts and any statute of the State, the Contractor may have to arrange for work on
Holidays and Sunday after obtaining permission for concern division, whenever so desired
by the Engineer or his representative to expedite progress and complete the works in time.
The contractor shall not be entitled to any additional payment for taking up works on
Holidays and Sundays.
11. CONTRACTOR’S WORKING AREA:
11.1 The contractor would be given necessary working area/open space as per requirement and
necessary rent will be paid by the contractor towards Temporary Camp Shed, Labour
Shed, Stores only. The contractor shall pay charges for this area at the rates indicated in
Annexure-VII. The working area/open space for temporary sheds as above shall be jointly
measured by the department & contractor monthly and a report to this effect shall be
produced to the division office for recovery of ground rents. A suitable working programme
shall be furnished with the Tender. The decision of the Chief Engineer/or any Competent
Authority regarding allotment of open space for above purpose to different contractor shall
be final and binding on the contractor.
11.2 The contractor shall remove all temporary works and clear the site at his cost to the
satisfaction of the Chief Engineer before the site is returned to the Port Trust.

52
11.3 The contractor shall provide fencing all round his working area and after completion of the
contract shall remove the same and restore and level the area to its original profile to the
satisfaction of Engineer and / or his representative.
12.. Accessibility for Checking and Supervision.
The engaged Contractor is to provide necessary arrangements for free access to the PPT
Officer‟s and personnel for supervision and checking of the subject work at his own cost.
13. Responsibility of the Contractor for methodology of works:
i) The contractor shall be solely responsible for the methodology and detailed working
for the whole of the works keeping in mind the site conditions and shall supply to the
Engineer such particulars thereof as he may require from time to time.
ii) The contractor shall submit within the time stipulated by the Engineer in writing, the
details of actual methods that would be adopted by the contractor for the execution of
each item of the work supported by necessary details.
iii) Approval, for the drawings and sketches, if necessary including those of the plant and
machinery that would be used, their locations, arrangements for conveying and
handling materials etc. should be obtained from the Engineer well in advance for
starting each item of work. The Engineer reserves the right to suggest modifications
or make concrete changes in the methods proposed by the contractor whether
accepted previously or not at any stage of the work, to obtain the desired accuracy,
quality and progress of work, which will be final and binding on the contractor
14. Quality Control:
Quality control is an essential part in the construction of and must be based on proper
objective and qualitative measurement. The contractor will have the full responsibility for
quality control and delivering the acceptable quality in the field. Regular appraisal of the
quality control to the Engineer or his representative should be made for effecting
improvements in the construction techniques to ensure satisfactory quality of work. The
quality control function shall include but not be limited to the following items
i) Sampling and Testing of Construction Materials:
Essentially to be carried out on the materials brought to site for construction work
unless permitted otherwise by the Engineer or his representative.
ii) Sampling and Testing of work at various stages of Construction:
Essentially to be carried out at any approve laboratory as per tender conditions or any
from Govt approved organization unless permitted otherwise by the Engineer at the
cost of the contractor.
15. TEMPORARY WORKS, OFFICE, JETTY, ETC.
15.1 The contractor shall submit to the CE for his approval, drawings and proposals for any
temporary works such as batching plant, storage yard, office, store, false work and
temporary platforms, pre-casting yard, workshop, etc. which he intend to construct for the
execution of the contract and no such work shall be constructed before obtaining the written
approval of the CE.
15.2 The Contractor shall obtain permission for any temporary work and would ensure that during
execution of works the statutory requirements of the concerned authorities such as Paradip
Port Trust, Police, etc. would be compiled with.
15.3 Not less than one month before the date when the contractor intends to start erecting any
part of the temporary works and staging required for carrying out the works he shall furnish
to the CE complete drawings of that part of the temporary works and staging with a proper
design. The contractor shall at the same time, if so required by the CE furnish calculations in
respect of such temporary works. The contractor shall also furnish to the CE drawings
showing the method proposed for the erection of the various parts of the work. The
furnishing to the CE any design for any temporary works and staging shall not relieve the
Contractor from any liability or obligation under the contract in respect of such temporary
works and staging. All temporary works shall remain the property of the Contractor.
16. OPERATIONS OF THE BOARD AND OTHERS:

53
16.1 The ordinary business and works of the Board and others as carried out on and in the vicinity
of the site will be continued during the construction, completion and maintenance of the
works and the execution of the contract shall be conducted in such a way as to avoid
interference with traffic of every kind by land and by water and with any other works in
progress in vicinity.
16.2 The Contractor‟s attention is drawn to the fact that other contractors employed by the Board
may be working in the vicinity.
16.3 The Contractor shall where so directed by the Engineer and / or his representative be
required to work to other contractor‟s drawings where-so-ever drawings for work not included
in this Contract are related to particular details of works.
16.4 The Contractor shall from time to time as the Engineer and / or his representative may direct,
provide attendance on the other contractors and carry out minor works in connection with
such contracts. The cost of provision of such attendance and work as may be so required will
be charged to the appropriate provisional sum in the Bill of Quantities.
17. PORT TRUST RULES:
17.1 The Contractor shall observe the conservancy rules relating to the Harbour, Township area
and shall always take such necessary additional steps to keep the harbour waters free of
noxious or unhygienic matters coming from his works as are required by the Board. Under no
circumstances shall inflammable material be allowed to spill to the Harbour area/any water
bodies.
17.2 The Contractor shall always observe and comply with the working rules and regulations of
the Port Trust in force or as issued from time to time.
18. EXISTING SERVICES:
18.1 Drains, pipes, cables, overhead-wires and similar services encountered in the course of the
work shall be guarded from injury by the Contractor at his own cost, so that may continue in
full and uninterrupted use to the satisfaction of the owners thereof, or otherwise occupy any
part of the site in a manner likely to hinder the operation of such services.
18.2 Should any damage be done by the Contractor to any mains pipes, cables or lines (whether
above or below ground). Whether or not & shown on the drawings the Contractor must make
good or bear the cost of making good the same without delay to the satisfaction of the
Engineer and / or his representative of the owners.
19. ENTRY ON PRIVATE OR OTHER PROPERTY:
The Contractor shall not enter upon or commence any work in or upon, across or through
any land, building or place being private property until authorized in writing by the Engineer
and / or his representative or other competent authority to do so.
20. NOTICE OF OPERATIONS:
No important operations shall be commenced nor shall work outside the usual working hours
be carried out without the consent of the Engineer and / or his representative in writing or
without full and complete notice also in writing being given to him.

21. SECURITY AND SAFETY:

21.1 The Contractor shall comply with all regulations imposed by the customs and Paradip Port
Security Authorities in respect of the passage of Plant, Vehicles, machineries, equipment,
materials & personnel through Customs and Port barriers.
21.2 The Contractor shall take all possible precaution to prevent out breaks of fire on the site and
in all offices, stores, camps and other places and things connected therewith and especially
with respect to the safe storage of petroleum products, explosives and all other dangerous of
hazardous goods. He shall comply with all rules, regulations and orders of any statutory
Authority and of the Engineer and / or his representative at no extra cost to the Board.
21.3 The Contractor shall obtain from the Board details of any restricted areas in or around the
site and shall have prominently and clearly displayed for the information of his staff and work
people notices defining any such restricted areas. Such notices shall be provided at his own
expenses.

54
21.4 The Contractor shall give every facility to the authorized safety officers of the Board to
inspect the works whensoever required, and shall observed and abide by any instructions
given by the Engineer and / or his representative in regard to the use of Plant, equipment
and temporary works in respect of General Safety. Compliance with such requirement shall
not be used as the basis of a claim against the board.
21.5 The Contractor shall at his own expenses provide and maintain upon the works to the
satisfaction of the Engineer and / or his representative. Proper and efficient life-saving and
First-Aid appliances which shall at all times be available at work site for use.
The Contractor will be required to take entry passes to the restricted area of Port for all
personnel, labourers, vehicles, machineries, equipment etc. No claim whatsoever on this
account will be entertained.
22. (a) LAW GOVERNING CONTRACT:
The Contract shall be interpreted and have effect in accordance with the Law of India and no
suit or other proceeding relating to this Contract shall be filed or taken by the contractor in
any court of Law except in Kujang Court.
(b) ARBITRATION AND NOTICE: As per arbitration act of Govt of India.

23. JOINT MEASUREMENT OF EXTRAS:

23.1 In the event of the Contractor having to execute any work or provide any material in regard to
which he may propose to claim extras, he shall immediately notify the concerned division in
writing and shall at once make arrangements to take the measurements of the said work or
materials with the Engineer and / or his representative.
23.2 If these measurements are not taken jointly and booked and agreed at the time the work is
being executed, the Contractor‟s measurements will not after words be recognized by the
Engineering department .
23.3. The fact of such joint measurement having been made will in no way commit the Engineer
and / or his representative to a recognition of the claim if he considers such claim without
foundation. The Engineer and / or his representative shall at all times have full access to
Contractor‟s time book and may daily, check the time of any extra works with the
Contractor‟s time keeper or otherwise but the fact of his agreeing upon any time shall in no
way bind the Engineer and / or his representative to value the work other than by
measurement if he thinks fit so to do.
24. DEFECTS PRIOR TO TAKING OVER.
24.1 If at any time before the works are taken over, the Engineer and / or his representative shall
decide that any work done or materials used by the contractor or any subcontractor is or are
defective, or not in accordance with the contract or that the works or any portion thereof are
defective, or not in accordance with the Contract or that the works or any portion thereof are
defective, or do not fulfil the requirements of contract (all such matters being hereinafter
called “Defects” in this clause) and as soon as reasonably practicable, give to the contractor
notice in writing or the said decision specifying particulars of the defects alleged to exist or to
have occurred, then the Contractor shall at his own expense and with all speeds make good
the defects so specified.
24.2 In case the Contractor shall fail to do so, the CE may take, at the cost of the Contractor such
steps as may in all circumstances be responsible to make good such defects, The
expenditure so incurred by the Board will be recovered from the amount due to the
Contractor. The decision of the CE with regard to the amount to be recovered from the
contractor will be final and binding on the contractor.
24.3 As soon as the works have been completed in accordance with the contract (except in minor
respect that do not affect their use for the purpose of which they are intended and except
from maintenance thereof provided in relevant clause of General Conditions of Contract
thereof provided in relevant clause of General Conditions of Contract and have passed the
tests on completion) the Engineer and / or his representative shall issue a certificate
(hereinafter called completion certificate) in which he shall certify the date on which the work
have been so completed and have passes the said test and the Board shall be deemed to
have taken over the works on the date so certified. If the works have been divided into
various groups in the contract the Board shall be entitled to take over any group or groups

55
 before the other or others and thereupon the Engineer and / or his representative or his
certificate in respect thereof.
24.4 If any reason or any default on the part of the contractor a completion certificate has not
been issued in respect of every portion of the works within one month after the date fixed by
the contract for the completion of the works, on any portion thereof in respect of which a
completion certificate has not been issued, provided that the works or the portion thereof, so
used as aforesaid shall be reasonably capable of being used and that the contractor shall be
afforded reasonable opportunity for completing these works for the issue of completion
certificate.
25. PERIOD OF MAINTENANCE /Defect Liability Period:
Unless otherwise mentioned specifically, the period of maintenance /defect liability period of
work after completion will be 06(six) months from the actual date of completion of the work.
In these conditions, the expression “period of maintenance” shall mean the period of
maintenance named in the form of the tender calculated from the date of the completion of
the work certified by the Engineer and / or his representative in accordance with clause
10.1.1 of GCC hereof of in the event or more than one certificate having been issued by the
Chief Engineer under the said clauses from the respective date show certified and in relation
to the period of maintenance the expression “the works” shall be construed accordingly. The
security deposit for the work will be released after completion of defect liability period
/maintenance period.
26. Performance Guarantee period : Nil
27 WORKING PERIOD:
Normally the work will be carried out between 8 AM to 5 PM on working days only. However,
the tenderer should note that he/they might be required to carry out the job on Sundays,
Holidays and after normal working hours and at night in addition to the normal working hours
to expedite the progress of the work if permitted by the competent authority. The tenderer
should include in his rates the cost, if any, involved on those accounts.
28. BANK GUARANTEE in lieu of Cash Security Deposit:
Security Deposit shall be recovered from the R/A bill of the contractor as per Tender
Conditions of contract. However, Bank guarantee may be considered in lieu of cash security
deposit. In that case the contractor shall have to submit to the division, a performance bond
in the form of an irrevocable guarantee from any scheduled bank at Paradip.
29. POSSESSION PRIOR TO COMPLETION:
The CE shall have the right to take possession of or use any completed or partially
completed work or part of the work. Such possession or use shall not deem to be an
acceptance of any work completion in accordance with the contract agreement. If such prior
possession or use by the CE delays the progress of work, on equitable adjustment in the
time of completion will be made and the contract agreement shall be deemed to be modified
accordingly.
30. COMPLETION DOCUMENTS:
31. WATER AND POWER SUPPLY:
31.1 WATER SUPPLY:
The Board may supply to contractor with reasonable quantity of fresh water at one point near
the site subject to availability of fresh water as per prevailing rate.
Water to the extent possible will be made available by the Port Trust. The connection and
extension to the working area shall be arranged by the contractor at his own cost. The
contractor shall also provide a water meter at his cost for metering the quantity of water
used. Charges for the consumption of the water will be paid by the contractor at the
applicable rates indicated in Appendix-VII or as per charges fixed from time to time by Port
Trust during contract period.
31.2 ELECTRICITY SUPPLY: The Board may supply to the contractor with electricity at the site of
the contractor‟s working area at one point. The Contractor will be required to pay for the
electricity towards consumption/used on Meter basis at rates in force during the contract
period, PPT does not guarantee the continuity of power supply. In the event of power failure,

56
 the contractor shall be required to make its own arrangement for the provision of Electric
Power.
Drawing of power lines etc. from the point of supply of power by the Trust Board to the actual
work spot shall be arranged by the contractor at his own cost. Temporary lines and
connections by the contractor shall be approved by the authorized Agencies before drawing
the power. The contractor shall indicate his requirement of power to the concerned Executive
Engineer at the time of tendering or prior to work execution.
The contractor shall pay the Electricity charges at the applicable rates indicated in
Appendix-VII or as per charges fixed from time to time by Port Electrical Division.
N.B – The contractor will pay the required charges for water & power supply at the
rates fixed by PPT from time to time during the construction period only. The
charges for water & power consumption during the O&M shall be borne by the Board.
32. ABNORMAL RATES:
The Contractor is expected to quote rate for each item after careful analysis of cost involved
for the performance of the completed item considering all specifications and conditions of
contract. In case it is noticed that the rates quoted by the tenderer for any item are unusually
high or unusually low, it will be sufficient cases for the rejection of the tender unless the CE is
convinced about the reasonableness of the rates. For scrutiny the analysis for such rate is to
be furnished by the tenderer on demand.
33. DISPUTE IN MODE OF MEASUREMENT:
In case of any dispute as to the mode of measurement not covered by the contract to be
adopted for any item of work, mode of measurement as per relevant Indian Standard
Specification (Latest revision) shall be followed.
34. LIABILITY AND GUARANTEES:
34.1 The Contractor is responsible to carry out works as per specifications.
34.2 Of the Contractor feels that any variation in work or in quality of materials or proportions
would beneficial he shall bring this to the notice of Engineer and / or his representative in
writing.
34.3 The work will not be considered as complete and taken over by the Board until all the
temporary work for labour shed, store shed, site office and staff colonies etc. constructed by
Contractor are removed and work site cleaned to the satisfaction of Engineer and / or his
representative.

35 CONTRACT SUPERSEDES PREVIOUS DOCUMENTS:

The Contractor shall have no right to any increase in the rates in the Bill of Quantities.
36. BRIBES AND COMMISSION:
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
contractor or his or their behalf to any officer, servant, representative or agent of the CE or to
any person on his behalf in relation to the obtaining or to be execution of this or any other
contract with the Board shall in addition to any criminal liability which he may incur subject
the contractor to the cancellation of this and all other contracts with the Board and also to the
payment of any loss or damage resulting from any such cancellation. And the Board shall be
entitled to deduct the amounts so payable from any money otherwise due to the contractor
under this or any other contract. Any question or disputes as to the commission of any
offence under the present clause shall be settled by the CE in such a manner and on such
evidence or information as he shall think fit and consider sufficient and his decision shall be
final and conclusive.

57
37. PUBLICITY:
No information or photographs concerning the works maybe published.
38. PRICE ADJUSTMENT PAYEMENT/ESCALATION:
In case of Contract in which the estimate cost of work put to tender as per Tender Call Notice
is more than Rs.1.00 (One) Crore and stipulated completion period is beyond 12 (Twelve)
months (both criteria to be satisfied). The Contractor will be allowed overall price variation in
accordance with the following formula.
V = (R – C) X I- Io
Io
Where V = Amount of overall variation payable for a value of R of work done.
R = Value of work done during the period under reference.
C = Value of materials supplied by the Employer at the stipulated rates and consumed in the
work plus the secured advance paid against the material brought at site.
I = All India Average Consumer price index (Base 2001 = 100) for industrial workers declared
by the Labour Bureau, Government of India for the period covered by a bill does not coincide
with a calendar month, then weighted time average for the period will be taken for I.
Io = All India average consumer price index (Base 2001 = 100) for industrial workers
declared by the Labour Bureau. Government of India, as prevailing for the month of the
tender opening.
The price variation shall be subject to the following conditions:
(a) The price variation shall be claimed by the contractor through a supplementary bill
along with interim measured bill in every cycle & after the index for any month is
officially published by the concerned authorities.
(b) No variation will be allowed for work done beyond the stipulated completion date.
(c) Escalation will not be payable on extra items/substituted items.
39. NO COMPENSATION IN CASE OF ALTERATION OR RESTRICTION OF WORKS:
If at any time from the commencement of the work the CE shall for any reason whatsoever
not require the whole work or part thereof a specified in the tender to be carried out, the CE
shall give notice in writing of the fact to the Contractor, who shall have no claim to any
payment or compensation whatsoever on account of any profit or advantage which he might
have derived from the execution of the works in full, but which he did not derive in
consequence of the full amount of the works not having been carried out neither shall he
have any claim for compensation by reason of any alterations having been made in the
original specification, Drawings, designs and instructions which shall involve any curtailment
of the works as originally contemplated. Provided always that in all such cases the
Contractor shall be entitled to payments according to adjustments in Contract Price as
allowed under the Provisions of the Clause-11.2.1 of GCC.

40. EARNEST MONEY DEPOSIT (EMD):

a) For works, estimated cost put to tender up to Rs. 10.00 crores :2% (two percent) of
the estimated cost put to tender should be collected as EMD.
b) For works, estimated cost put to tender more than Rs. 10.00 crores: Rs. 20.00 lakhs
plus 1% (one percent) for the cost in excess of Rs.10.00 Crores, should be collected
as EMD.

41. JOINT VENTURE PARTICIPATION:

(a) Joint Venture (JV) firms are allowed to participate in the tenders having the estimated cost
put to tender more than Rs.5.00 Crores.
(b) No. of Joint Venture partners would be limited to three (including the lead partner) with at
least 26% equity holding by each member in case of a Company. In case a Joint Venture is
formed for the specific work only, each of the Joint Venture partner including the lead partner
shall have work experience of minimum value not less than 26% for at-least one single work
58
 of the estimated cost put to tender as indicated in TCN to become eligible to be a member of
Joint Venture. One of the partners shall be nominated as Lead Partner for signing
Agreement with Paradip Port Trust and shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all the partners of the joint venture. This
authorization shall be evidenced by submitting registered power of attorney signed by all the
partners.
(c) All partners of the joint venture shall be liable jointly and severally during the bidding process
and for the execution of the contract in accordance with the provisions of contract and a
statement to this effect shall be included in the authorization as above. The bid shall be
signed so as to legally bind all the partners jointly and severally.
(d) Joint Ventures must comply with the following requirements:
The joint venture must satisfy collectively the eligibility criteria as described in this section.
For this purpose, the following information of each member of the joint venture may be
submitted which will be added together to assess the collective eligibility criteria:
(i) Average Annual Turnover
(ii) Specific work Experience
(iii) Capacity of key Personnel
(iv) Ability to own / lease relevant equipment
Each JV Partner including the lead partner shall meet not less than 26% of the following
criteria:
(i) Average Annual Turnover
(ii) Specific work Experience

(e) All the partners together shall satisfy 100% of the criteria.
A copy of the joint venture agreement (JVA) specific to this work, if entered into by the
partners shall be submitted along with the Bid. Alternatively, the Memorandum of
Understanding (MoU) to execute a JVA in the event of successful bid shall be signed by all
partners and submitted with the bid. In any case, it is mandatory that a JV agreement is
entered into before the award of the work.
Pursuant to the foregoing, the Joint Venture Agreement shall include among other things, the
joint venture objectives, the proposed management structure, the contribution of each
partner in the joint venture, the commitment of the partners to joint and several liability for
due performance, recourse / sanctions within the joint venture in the event of default or
withdrawal of any partner and arrangements for providing the required indemnities.
(f) Similar Work Experience for Joint Venture (JV) Firm:
The partners of Joint Venture shall individually or jointly meet the similar work experience
criteria and the relevant work experience documents shall be furnished. Each JV partner
including the lead partner shall have work experience of minimum value not less than 26%
for at least one single work of the estimated cost put to tender as indicated in TCN. The
single work/two works / three works as indicated in the eligibility criteria shall not be spilt
which means in case of a single work one JV partner should have executed the single work
in full on his own as specified in Tender Call Notice and in case of two works / three works, if
JV partners proposed to collectively meet the experience then they should have individually
done each of the works in full on their own as per example given below.
Example-
A joint venture is constituted by three firms namely A, B & C and the estimated Cost of the
work put to tender is Rs.10,00,000/-. Then the eligibility criteria for meeting similar work
experience shall be
(i) Single work of value 80% equal to Rs. 8,00,000/-
(ii) Two works of value 50% each equal to Rs.5,00,000/-
(iii) Three works of value 40% each equal to Rs.4,00,000/-
JV may meet the similar work experience criteria either any one of the following categories.
(i) For single work category of value Rs. 8,00,000/-

59
 Any one Joint Venture Partner should have executed the Single work of value Rs.8.00 lakh
in full individually on his own.
(ii) For two works category of value Rs.5,00,000/- each.
Value of each work executed by JV Partner shall be Rs.5.00 lakh in full individually on his
own.
(iii) For three works category of value Rs.4,00,000/- each
Value of each work executed by JV Partner shall be Rs.4.00 lakh in full individually on his
own.
g. Financial Turnover: The average annual turnover of each partner of the JV individually shall
not be less than 26% of average annual turnover as indicated in the eligibility criteria in TCN
/ Tender Document. Turnover of individual partner of the JV will be added together for each
financial year to meet eligibility criteria of the Average Annual Turn Over..

42 DEDUCTION / RECOVERY OF CESS UNDER BO&CW ACT

As per the letter No.AD/IR-22/2010/3026 Dtd.28th July, 2010 and letter of Govt. of Orissa
No. LL-I-(iii)-98/09/720(56)/L.E., Bhubaneswar, Dtd.27th January, 2009, Cess @ 1% of the
executed value will be deducted. The deduction will be @ 1% of gross bill value from each
running bill / final bill of the contractor. This deduction will be in respect of building and other
construction works i.e. construction, alteration, repairs, maintenance or demolition, of or, in
relation to, buildings, streets, roads, railways, tram ways, airfields, irrigation, drainage,
embankment and navigation works, flood control works (including storm water drainage
works, generation, transmission and distribution of water), oil and gas installations, electric
lines, wireless, radio, television, telephone, telegraph and overseas communications, dams,
canals, reservoirs, water courses, tunnels, bridges, viaducts, aqueducts, pipelines, towers,
cooling towers, transmissions towers and such other work as may be specified in this behalf
by the appropriate Government by Notification, but does not include any building or other
construction work to which the provisions of the Factories Act, 1948 (63 of 1948) or the
mines Act, 1952 (35 of 1952) apply.
43. EPF Code under Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
and ESI Code under Employees’ State Insurance, 1948

The Tenderer must have EPF Code under Employees‟ Provident Fund & Miscellaneous
Provisions Act, 1952 and ESI Code under Employees‟ State Insurance, 1948 to cover all the
workers working under the Contractors. The successful tenderer, on award of the work must
ensure all the workmen, employed by the Contractors in relation to the contract work should
be cover under EPF and ESI Act‟ and other statutory benefits.
If asked for by the employer, the contractor will be required to submit photocopy of all
payment challans and produce the original for verification to the representative of the
Principal Employer, i.e. concerned Executive Engineer.
44. The quantities given in the bill of quantities are estimated quantities for work. During
execution of work, quantity may vary as per site condition and as directed by the Engineer or
his representative. The payment to the contractor will be made as per the actual work done.

TECHINICAL SPECIFICATION
1.0 These specifications establish and define the Material and constructional requirements for
Civil and Structural works. Specification will be followed for the execution of work as per
the latest BIS/ISI relevant to the item of work, materials supplied, testing, surveying,
measurements and scope of work and workmanship.
2.0 Methods of Measurements are indicated in these specifications. Where not so specified,
latest version of IS: 1200 shall be applicable.
3.0 Providing and operating necessary Measuring and Testing devices and Materials including
all consumable are included in the scope of work. No separate Measurement or payment for
testing the work shall be made but rates quoted for various items shall be deemed to
include the cost of such tests which are required to ensure achievement of specific quality.

60
4.0 Wherever referred to in this Tender Document, only the latest revision which shall be in
force till the completion of work of specifications, codes of practice and other publications
of the Bureau of Indian Standards shall be applicable.
5.0 In case of conflict amongst the provisions of Schedule of Rates, Specifications and Drawings,
all of them shall be read in conjunction with each other and clarification shall be obtained
from the CE whose decision shall be final and binding.
6.0 MATERIALS:
6.1 INDIAN STANDARDS
All materials shall, as far as possible, be of Indian Origin and conform to the latest additions
of the Indian Standards. Standard issued elsewhere may be used only if approved by the CE
and for these materials only for which appropriate Indian standards do not exist.
6.2 STORAGE OF MATERIALS
All the materials used in the permanent works shall be properly stored to prevent
deterioration or damage from any causes whatsoever to the entire satisfaction of the CE.
Cost for shed for storing of materials and deployment of watchman, etc. will be borne by the
Contractor and the same is deemed to be included in the offer. The Department is not
responsible for the theft/loss of materials at site.
7.0 CONSTRUCTION SCHEDULE:
The contractor shall furnish a detailed construction schedule to complete the work within
the stipulated period as mentioned in the Special Conditions of Contract (SCC) of tender
document.
8.0 TOOLS AND PLANTS:
The contractor shall deploy sufficient number of Tools, Plants, machinery etc. for timely
completion of the work.
9.0 DRAWINGS:
All the working drawings shall be prepared by the contractor.
10. STANDARDS & METHODS OF MEASUREMENTS:
The work shall conform to latest edition of the Indian Standard specifications.
Any part of the work not covered by the Standards shall conform to the relevant Indian
Standards. Where Indian Standards are not available, the foreign Standard such as British,
American, German, etc. as accepted by CE shall be allowed.
11. LIKELY SOURCES OF AGGREGATES:
11.1 The source of fine aggregate is near Cuttack at a distance of about 100 Kms. from the
work site and the materials can be brought by the road transport. Sand quality should
conform to Zone-II as recommended in IS 383.
11.2 The Coarse aggregate can be obtained from the Haridaspur Quarry located at a distance
of about 100 Kms. from the Port and is connected by road.
11.3 The Contractor shall check the sources, quality of material the availability, transportation
etc. before tendering the work.
12. The contractor shall be responsible for the true and proper setting out of work in
relation to original points, lines and levels of reference and providing with all
necessary instruments, appliances and labour in connection therewith.
13. Steel, Cement and all other materials required for the work shall be supplied by the
contractor at his own cost confirming to latest BIS Code. Reinforcement of
SAIL/RINL/VIZAG/TATA make confirming to Fe-500 shall only be used.
14.OPC/PSC cement of RAMCO/Dalmia/Ambuja/ Birla /JayPee/ Lafarge/Ultra Tech
/ACC/ Mahashakti or any other brand of 50 kg. per bag approved by the Engineer-in-
charge shall be used for the work.
15. Testing of Materials & Port approved Laboratories.
(a) The testing of the materials to the used in works shall be done in the following
5(Five) laboratories/institutions as per test requirement, as per standards as
decided by the agency engaged by PPT for work supervision or by the Engineer.
61
 There should be no repetition of tests in the same laboratory. Other laboratories
/institutions as found suitable also may be approved by Chief Engineer depending
on the requirement.
i) Central Laboratory, Bhubaneswar, Sachivalaya Marg, Unit-IV, Bhubaneswar,
Dist: Khurda.
ii) Central Laboratory, OMP Square, P.O.: Chauliaganj, Cuttack.
iii) College of Engineering & Technology, Civil Engineering Department, CET,
Ghatikia, Kalinga Nagar, Bhubaneswar.
iv) Testing Laboratory, Directorate of Export Promotion & Marketing, Industrial
Estate, Madhupatna, Cuttack.
v) IIT, Bhubaneswar.
(b) The acceptance or rejection and accordingly, the eligibility for payment of works
executed will be dealt as per the provisions in the above standards. In case of any
discrepancy or any issue in this regard, the same shall be decided by the
supervising agency engaged by PPT or the Chief Engineer, PPT, which will be final
and binding.
(c) Contractor has to undertake the following tests at any Port approved laboratory
during the course of construction as approved by the Engineer. All the expenses for
testing shall be borne by the contractor.
Control tests for RCC:
Sl. Type of material & test Relevant Indian
Frequency
No. details standard
(1) (2) (3) (4)
Physical and chemical tests IS : 269 Once for each source of supply
of Cement IS : 455 and occasionally when called for
IS : 1489 in case of long/improper storage.
01
IS : 8112 Besides the contractor also will
IS : 12269 submit the Test Certificate on
cement released by Manufacturer.
All physical and chemical IS : 1786 Once for each source of supply
02 tests of Steel reinforcement and occasionally when desired by
(Fe-500). Engineer in charge.
Coarse & Fine Aggregates: One test for every week work of
(i) Gradation IS : 2386 each fraction of coarse aggregate
and fine aggregate, initially.
(ii) Deleterious constituents IS : 2386 (Pt-2) -do-
(iii) Water absorption IS : 2386 (Pt-3) Regularly as required, subject to a
03 minimum of one test a day for
coarse aggregate and two tests a
day for fine aggregate. This data
shall be used for correcting the
water demand of the mix on a
daily basis.

(1) (2) (3) (4)

Coarse Aggregate: IS : 2386 (Pt-4) Once for each source of supply
(i) Los Angeles Abrasion and subsequently on monthly
value or aggregate basis.
04
impact test.
(ii) Alkali aggregate IS : 2386 (Pt-7) Before approving the aggregate
reactivity. IS : 456 and every month subsequently.
Water : IS : 2386 Once for approval of source of
(i) Chemical Test supply (if the supply source is
05
other than PPT), subsequently only
in case of doubt.

62
Note: Contractor has to conduct the day to day in-situ test by any Govt. approved private
laboratory during the execution of work in presence of the Engineer. All the expenses for
testing shall be borne by the contractor.

BILL OF QUANTITIES
1. GENERAL INSTRUCTION:
1.1 This Bill of Quantities must be read with the drawings, conditions of Contract and the
Specifications and the contractor shall be deemed to have examined the Drawings,
specifications, conditions of contract and to have acquainted himself with the detailed
description of the works to be done and the way in which they are to be carried out.
1.2 Notwithstanding that the work has been sectionalized every part of it shall be deemed to be
supplementary to and complementary to every other part and shall be read with it or into it
so far as it may be practicable to do so.
1.3 The detailed description of work and materials given in the specifications are not
necessarily repeated in the Bill of Quantities.
1.4 The quantities given in the Bill of Quantities are approximate only and are given to provide
a common base for tendering. Payment will be made according to the actual quantities of
work indicated on the drawings or ordered and carried out as measured by the Chief
Engineer and valued at the rates and prices quoted in the Bill of Quantities so long as the
total cost of works does not vary from the contract price by + twenty five percent (25%).
Any increase or decrease in the individual item shall not form the basis for alteration of the
rates quoted and accepted.
2. RATES AND PRICES TO BE INCLUSIVE:
2.1 Rates and prices set against items are to be the full inclusive value of the finished work in
accordance to the construction drawings and or described in the Specifications and
condition of contract. The rates shall include all elements of costs and expenses, which may
be required in and for completion of work as specified together with all costs and expenses
in complying with all general risks, liability and obligations together with every contingent
cost and charge whatsoever as set forth in the contract documents, including (but not by
way of limitation) all plant, machinery and appliances labour and other dues, establishment
charges including those from various statutory authorities, rents, taxes, insurance, testing
charges of different materials, supervision and overhead charges, profits, incidental
expenses if any and also include stoppage of work. The rates shall be inclusive of every
kind of temporary work executed or used in connection with proper completion of
permanent works (except those items in respect of which provision has been separately
made in the Bill of Quantities) and all such works as necessary for proper completion and
maintenance of the works.
2.2 The rates are intended to cover the supply of material including transport to site of works
and the execution of all works necessary to complete the work. Should there be any details
of construction materials which have not been referred to in the specifications or in the Bill
of Quantities and drawings but the necessity for which may be reasonably be implied and
inferred there from or which are usual or essential to the completion of the all works in all
trades, the same shall be deemed to be included in the rates and prices named by the
contractor in the Bill of Quantities. The rates and prices are to cover the item as described in
the Bill of Quantities and if there is inconsistency between the Bill of Quantities,
Specifications or Drawings, the description in the Bill of Quantities shall prevail.
2.3 Each individual item in the Bill of Quantities is to be priced. If any items are not priced, it is
to be indicated under which item or items the value of the work has been included. Items,
the Prices of which are the same shall not be bracketed. If the contractor omits to price an
item, the cost of the work of such item will be held to be spread over and included in the
prices given for other items. He shall not mark items “included” when the rate is asked for.
3. SUBSTITUTION:
If substitution found necessary at the time of execution for some items of work submitted by
the Contractor and agreed to by the Chief Engineer, the specifications for the materials
used, if not covered under the other items shall be as specified by the Chief Engineer and
the mode of measurement shall also be desired by the Chief Engineer.
63
 OTHER IMPORTANT INFORMATIONS:
1. The bill of quantities shall be read in conjunction with the tender documents including
Notice Inviting Tender, Information to the Bidders for e-procurement, General Conditions of
Contract, Special Conditions of Contract, Technical Specifications, Drawings, etc.
2. Descriptions given in the items are not exhaustive and the contractor’s rate should be
inclusive for finished item of work and completed in all respect as per the item of work and
also its specification.
3. The contractor shall have to pay a sum of Rs.500.00 (Rupees five hundred) towards the
cost of a certified copy of agreement.
4. All the quantities mentioned in the schedule are combined for all works unless otherwise
specified.
5. The tender is valid for SIX months. However, the tenderers may specify their validity not
less than six months from the date of opening of tender.
6. The contractor should at all times, during execution of work, keep Paradip Port Trust
indemnified against all loses/expenses etc. on account of compensation payable to the
contractors workers, cost of any law suit etc. and the contractor shall have to bear all such
expenses.
7. The contractor shall at his own cost provide all materials required for the work. All materials
to be provided by the contractor shall be conformity with the specification laid down in the
contract and the contractor shall if required furnish the proof regarding the specification at
his own cost to the Engineer-in-charge.
8. The contractor shall have to use own equipment for the execution of the work.
9. No mobilization & demobilization charges for any plant/machineries is payable under
this contract.

64
 APPENDICES

TABLE OF CONTENTS

APPENDIX TITLE PAGE No.

I PROFORMA OF AGREEMENT

II (a) FORM OF BANK GUARANTEE

(b) DETAILED INFORMATION ABOUT BANK

GUARANTEE
III FORM FOR PRELIMINARY CERTIFICATE OF
COMPLETION
IV FORM FOR FINAL COMPLETION.
V FORM FOR DECLARATION
VI FORM FOR REFUND OF SD AND ISD
VII SCHEDULE OF PORT TRUST RECOVERY RATES

VIII DRAWING
IX INTEGRITY PACT

65
 APPENDIX-I

NOTES: The Appendix forms part of the Tender. Tenderers are required to be fill up all the
blank spaces in this Tender Form and Appendix.

PROFORMA OF AGREEMENT
Gentlemen,

THIS AGREEMENT made ______________ day of _______________________

20_________ between the „Board of Trustees for the Port of Paradip, a statutory body constituted
under Major Port Trust Act 1963 under the rules there under and statutory modification thereto
having Registered office at Paradip Port Trust, Paradip Jagatsinghpur-754142 (hereinafter called
“EMPLOYER” which expression unless excluded by or repugnant to the context be deemed to
include his successor/s in office) on the one part and
……………………………………………………………………………….. (hereinafter called the
„CONTRACTOR‟ which expression shall unless excluded by or repugnant to the context, he deemed
to include his heirs, executors, administrators, representative, successor in office and permitted
assigns) of the other part.

WHEREAS the Board is desirous of executing the work “………………………………..” at

Paradip and WHEREAS the Contractor …………………………. has offered to execute, complete
and maintain such work in perfect condition till handing over to Board and whereas the Board has
accepted tender of the Contractor for an amount of Rs…………………. (Rupees
…………………………) only for execution/supply/maintenance and WHEREAS the contractor has
agreed to take up the above work in accordance with the conditions of contract and to the entire
satisfaction of the Board of Trustees.

NOW THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words expressions shall have the same meanings as are respective
assigned to them in General Conditions of Contract, hereinafter referred to.

2. The following documents shall be deemed to form and he read and construed as part of this
Agreement viz:-

(i) The tender call notice.

(ii) The drawing (if any)
(iii)Bill of Quantities
(iv) General Condition of Contract, Special Condition of Contract, technical specification and
tender conditions as uploaded by the bidder.
(v) Letter of Acceptance and Letter of Intent.
(vi) Work order No. ………………………….
(vii) Any other letter(s) exchanged between Contractor & Paradip Port Trust in connection with
the relevant tender till issuance of work order.

3. The Contractor hereby covenant with the Trustees to execute, complete and maintain the
work till handing over to the Board in conformity in all respects with the provisions of
Contract.
66
4. The Trustees hereby covenants to pay to the contractor in consideration of such execution
completion and maintenance of the works the Contract Prices at the times and in the manner
prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused their respective Common Seals to be
hereunto as fixed (or have set their respective hands and seals) the day and year first above
written.

Have executed these presents on the day and year first above written.

CHIEF ENGINEER
PARADIP PORT AUTHORITY
For & on behalf of the PPA
Signature of the Contractor

Witnesses: 1)

2)

Finance vetting: UOI No……………….. Dt……………..

Admn. Approval: UOI No. ………………/CD Dt………
File No……………………….

67
 APPENDIX-II
To
The FA &CAO, PPT

BANK GUARANTEE FORMAT FOR _________________________________________

Ref : Name of the Work : ________________________________________________________

T.C.N No.__________________________________________________ date: ______________
WHEREAS _______________________________________________________ (herein
after called “the Bidder”) has/have submitted his/their bid dated ________________ for
___________________________________________________ (herein after called “the Bid”).
KNOWN ALL MEN by these presents that we ________________________________
_________________ of ______________________________ having our registered office at
_______________________________ (hereinafter called “the Bank”) are bound onto Paradip Port
Trust (hereinafter called Paradip Port Trust) in the sum of Rs.__________________ (Rupees
______________________________________) only, for which payment will and truly to be made to
the said purchaser, the Bank binds itself, its successors and assigns, by these presents. Sealed with
the Common Seal of the Bank this _______________ day of ___________20______.
We undertake to pay to Paradip Port Trust the above amount, according to and upon receipt
of their first written demand, without Paradip Port Trust having to substantiate their demand,
provided that in their demand Paradip Port Trust will note that the amount claimed by them is due to
them owing to the occurrence of any one or all of the above stated conditions, specifying the
occurred condition or conditions.
This Bank Guarantee shall be payable on submission of a request letter for revocation at
___________________________________________ Branch with Code No. ________ at Paradip
in case there is a Branch at Paradip and in case there is no Branch at Paradip, then at a Branch
nearest to Paradip strictly following the guidelines issued by RBI from time to time. (The detailed
Postal Address of the Branch of the Bank where the BG can be encashed is to be mentioned).
THIS GUARANTEE will remain in force upto and including Dt.___________ and any demand
in respect thereof should reach the Bank not later than such date.
The above reference (TCN No.) must be used for all correspondences on this Bank
Guarantee.

(Name of the Bank)

By _______________
Title
Authorised Representative
(Signature of Witness)
Name & Address of witness:

68
 DETAILED INFORMATION ABOUT BANK GUARANTEE
a) The Bank Guarantee (BG) must be issued by a scheduled Bank. If the issuing Bank has a
branch at Paradip, then it has to ensure that the BG can be encashed at Paradip only. In case
the issuing Bank does not have a Branch at Paradip, it has to ensure that the BG can be
encashed at the nearest possible branch of the bank to Paradip. The issuing Branch of the
bank must ensure that the BG is encashed immediately on invocation without any delay and
demur. In encashing the BG the bank must strictly adhere to the RBI Guidelines issued from
time to time. The issuing Branch of the bank must clearly mention the complete address of the
Branch where the BG can be encashed when required.
b) The original BG should be sent by the issuing Branch of the bank to the beneficiary directly
under Registered Post/Speed Post/Courier cover with Acknowledgement. In exceptional cases
only, where the BG is handed over to the customer for any genuine reasons, the issuing
Branch of the bank should immediately send an unstamped duplicate copy of the BG by
Registered Post/Speed Post/Courier to the beneficiary with a covering letter requesting the
beneficiary to compare the original BG received from the customer and conform that it is in
order.
c) One officer should be specially designated by respective department with the responsibility for
verification timely renewal and timely encashment of B.Gs.
d) In this regard, the revised BG format is enclosed and the same is to be made as a part of the
Tender Document being issued henceforth. Also, in the case of tenders already floated where
the leftover time for submission of offer is 7 days or more, necessary corrigendum may be
issued to incorporate the new BG format. In all other cases the existing practice is to be
followed.
Further, if any deviation I the BG submitted by the participant is noticed when compared to the
format made available in the tender, the offer is not to be considered.

69
 APPENDIX –III

FORM FOR PRELIMINARY CERTIFICATE OF COMPLETION

TO
M/s._____________________________
_________________________________
_________________________________

PRELIMINARY CERTIFICATE OF COMPLETION

Dear Sirs,

This is to certify that the following work :

Name of works :
Allocation:
Contract No.
Resolution.:
And. :
Meeting No.:
Which was carried out by you, is in the opinion of Engineer is complete in every respect on the
____________________________________________________ in connection with the terms of the
contract and you are to maintain the work in connection with the terms of the contract and you are to
maintain the work in accordance with the Conditions of contract for a period of
_____________________ months _______________________ from the _____________________
20________ To ______________ 20 _______.

Yours faithfully,

CHIEF ENGINEER,
PARADIP PORT AUTHORITY

70
 APPENDIX –IV

FORM FOR FINAL COMPLETION

TO

M/s._____________________________
_________________________________
_________________________________

CERTIFICATE OF FINAL COMPLETION

Dear Sirs,

This is to certify that the following work VIZ.

Name of works :
Contract No.
Resolution.:

Which was carried out by M/s

________________________________________________________
is now complete in every respect in accordance with the terms of the contract and that all the
obligations under the contract have been duly fulfilled by the Contractor.

Yours faithfully,

CHIEF ENGINEER,
PARADIP PORT TRUST

71
 APPENDIX –V

FORM FOR REFUND OF EMD/EASD

1. Name of the Contractor :

2. Name of the work :

3. Bank Acknowledgement with other :

details.

4. Reasons for the refund :

Amount of the EMD/EASD :

Passed for Rs.

Executive Engineer,
BC Division
Paradip Port Authority.

Received Rs.
(Rupees ). only

Signature of the Contractor

With full Address
(Affix a revenue stamp)

72
 APPENDIX –VI

BILL FOR REFUND OF SD/ ISD

1. Name of work :

2. Name of the Contractor :

3. Date of Commencement :
4. Date of Completion :
5. Was the work completed in time? :
If not, whether the compensation
recoverable was under the
contract has been waived or
recovered already may please be
indicated.
6. If the work done satisfactorily?
7. Agreement No. and Date.
8. Payment Vr. in which recoveries :
now proposed to be refunded
were made.
9. Amount to be refunded. :
10. Indicate, if the final bill was paid if :
so quote Vr. No.
11. Was any defect found during :
maintenance ?
12. State whether :
13. Remarks, if any. :

M.B. No.
In
Page No.
Certified that no dues are outstanding against the Contractor for recovery.
Passed for Rs………………………………………………………………………………… only.
Asst. Executive Engineer (C)/
Executive Engineer.

Passed for Rs. …………………….. (Rupees ………………………………………………………………

…………………………………………………………………….) only.

Executive Engineer,
BC Division
Paradip Port Authority.
Receipt Rs………………….………. (Rupees ………………………………………………………..
………………………………………………) only.
Signature of the Contractor.

APPENDIX –VII
73
 SCHEDULE OF PORT TRUST RECOVERY RATES

NAME OF MATERIALS RECOVERY RATE

1. Water (a) On metering basis- Rate will be as per prevailing
rate and as per rate fixed by PPT from time to time.

(b) Ferrule Connection: Rate will be as per

prevailing rate on monthly basis and as per rate fixed by
PPT from time to time.
2. Power (Electricity) Rate/ Unit will be as per prevailing rate and as per charges
fixed by PPT from time to time.
3. GST GST would be applicable @ 18% for works contract and
will be paid extra.
4. Income Tax Income Tax would be applicable as per prevailing rate from
time to time.
5.Cess(As per As per the @ 1% of the executed amount.
provisions of building & other
construction workers (Regulation
of employment & conditions of
service) Act, 1996)
6. Ground Rent As fixed from time to time by the Estate Wing/ Traffic
Department of Paradip Port.

NB: The rates are subject to change from time to time as approved by Paradip Port or the
appropriate Authority.

74
 APPENDIX –VIII
INTEGRITY PACT
Between

(Name of the Authority) hereinafter referred to as "The Principal"

And
(Name of the bidders and consortium
members)...........................................................................hereinafter referred to as "The
Bidder/Contractor"

Preamble: The Principal intends to award, under laid down organizational procedures,
contract/concession for Tender No.
……………………………………………………………………………… The Principal values full
compliance with all relevant laws and regulations, and the principles of economic use of resources,
and of fairness and transparency in its relations with its Bidder. The Central Vigilance Commission
(CVC) has been promoting Integrity, transparency, equity and competitiveness in Government/PSU
transactions and as a part of vigilance administration and superintendence. CVC has, through its
Office Orders No. 41/12/07 dated 04.12.07 and 43/12/07 dated 28.12.07 and Circulars No. 18/05/08
dated 19.05.08 and 24.08.08 dated 05.08.2008, recommended adoption of Integrity Pact and
provided basic guidelines for its implementation in respect of major procurements in the Government
Organizations In pursuance of the same, the Principal agrees to appoint an external independent
Monitor who will monitor the execution of the contract for compliance with the principles mentioned
above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-
a. No employee of the Principal, personally or through family members, will in connection with
the execution of a contract, demand, take a promise for or accept, for him/herself or third
person, any material or immaterial benefit which he/she is not legally entitled to.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in
this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary
actions.

Section 2 - Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits itself to take all measures necessary to prevent corruption. It
commits itself to observe the following principles during the contract execution.

a. The Bidder/Contractor will not, directly or through any other person or firm, offer, promise or
give to any of the Principal's employees involved in the execution of the contract or to any
third person any material or immaterial benefit which he/she is not legally entitled to, in order
to obtain in exchange any advantage of any kind whatsoever during the execution of the
contract.

b. The Bidder/Contractor will not commit any offence under the relevant Anticorruption Laws of
India; further the Bidder/Contractor will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal
as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.

(2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
Section 3 - Disqualification from or exclusion from future Contracts
If the Bidder, before award of contract has committed a transgression through a violation of Section
2 or in any other form such as to put its reliability as Bidder into question, the Principal is entitled to
disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such
reason.

75
1. If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to
put its reliability or credibility into question, the Principal is entitled also to exclude the
Bidder/Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be determined by
the circumstances of the case, in particular the number of transgressions, the position of the
transgressions within the company hierarchy of the Bidder and the amount of the damage. The
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

2. The Bidder accepts and undertakes to respect and uphold the Principal's Absolute right to resort
to and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

3. If the Bidder/Contractor can prove that it has restored/recouped the Damage caused by it and has
installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely.

a. A transgression is considered to have occurred if in the light of available evidence no

reasonable doubt is possible.

Section 4 - Compensation for Damages

1. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to section 3, the Principal shall be entitled to demand and recover
from the Contractor liquidated damages equivalent to 5% of the contract value or the amount
equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher.

2. The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only
to condition that if the Bidder/Contractor can prove and establish that the termination of the contract
after the contract award has caused no damage or less damage than the amount or the liquidated
damages, the Bidder/Contractor shall compensate the Principal only to the extent of the damage in
the amount proved.

Section 5 - Previous transgression

1. The Bidder declares that no previous transgression has occurred in the last 3 years with any other
Company in any country or with any other Public Sector Enterprise in India that could justify its
exclusion from the award of the contract.

2. If the Bidder makes incorrect statement on this subject, it can be declared disqualified for the
purpose of the contract and the same can be terminated for such reason.

Section 6 - Equal treatment of all Bidders/Contractor/Subcontractors

1. The Bidder/Contractor undertakes to demand from all subcontractors a commitment in conformity
with this Integrity Pact, and to submit it to the Principal before contract signing.

Section 7 - Criminal charges against violating Bidders/Contractors/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder/ Contractor or Subcontractor, or of an

employee or a representative or an associate of a Bidder/ Contractor or Subcontractor, which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the Vigilance Office.

Section 8 - External Independent Monitor/Monitors (three in number depending on the size of

the contract) (to be decided by the Chairperson of the Principal)

1. The Principal shall appoint competent and credible external independent Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.
76
3. The Bidder/Contractor accepts that the Monitor has the right to access without restriction to all
Project documentation of the Principal including that provided by the Contractor. The
Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to its project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and documents
of the Bidder/Contractor/Subcontractor with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Bidder/Contractor. The parties offer to the Monitor the option
to participate in such meetings.

5. As soon as the Monitor notices a violation of this agreement, he will so inform the Management of
the Principal and request the Management to discontinue or heal the violation, or to take other
relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this,
the Monitor has no right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.

6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to
10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion
arise, submit proposals for correcting problematic situations.

7. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance
Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.

8. The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration This Pact begins when both parties have signed it. It expires 12 months
after the last payment under the Concession Agreement. If any claim is made/ lodged during this
time, the same shall be binding and continue to be valid despite the lapse of this pact as specified
above, unless it is discharged/determined by Chairperson of the Principal.

Section 10 - Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal.
2. Changes and supplements as well as termination notices need to be made in writing before they
become effective and binding on both the parties.
3. If the Bidder/Contractor is a partnership or a consortium, this agreement must be, signed by all
partners or consortium members.

4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intensions.

For the Principal For the Bidder/Contractor

Place.
Witness 1 : ............................. Witness 2 : .............................

Date .:……………………

77
 SPECIAL TERMS AND CONDITIONS OF TENDERERS
Make in India & sharing land border with India conditions:
INTIMATION TO TENDERERS:
i) Format of certificate for Local content declaration & Self declaration under Rule
153(iii) of the General Financial Rules (GFR‟s) 2017 .
ii) ii) Format of certificate for tenders for works under Rule 144(xi) in the General
Financial Rules (GFRs) 2017 .
iii) Accordingly 06 nos. of Annexures are attached. Bidders-

Eligibility and Preferential Policies

A. Provisions of Public Procurement (Preference to Make in India) OM No. order
OMNo.P-45021/2/2017-PP(BE- II) dated16.09.2020.
i. The Provisions contained in Public Procurement (Preference to Make in India) Order
2017 as amended by OM No.P-45021/2/2017-PP(BE-I1) dated 16.09.2020 further
as amended from time to time if any, shall be applicable to this tender.
ii. The margin of purchase preference applicable is 20% or as decided by the relevant
Nodal Ministry for the item from time to time.
iii. The minimum local content for Class-I and Class-II local suppliers shall be 50% and
20% respectively or as decided by the relevant Nodal Ministry for the item.
iv. Procurements where the estimate value is less than Rs.5.00 lakhs shall be
exempted from this order.
v. Verification of local content:
a. For procurement value up to Rs.10.00 crores:The Class-I local supplier /Class-II
local supplier at the time of tender, bidding or solicitation shall be obliged to indicate
percentage of local content and provide SelfCertification (as per the format enclosed)
that the item offered meets the local content requirement for Class-I local supplier/
Class-II local supplier as the case may be. They shall also give details of the
location(s) at which the local value addition is made.
b. For procurement value above Rs.10.00 crores: The Class-I local supplier /Class-II
local supplier at the time of tender, bidding or solicitation shall be required to provide
certificate from the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing chartered accountant
(in respect of suppliers other than companies) giving the percentage of local content.

vi) Purchase preference:

a) Subject to the provisions of this order and to any specific instructions issued by the
Nodal Ministry or in pursuance of this order, purchase preference shall be given to
Class-I local supplier in procurements undertaken by procuring entities in the manner
specified here under.
b) In the procurements of goods or works which are covered by para 3(b) above and
which are divisible in nature, the Class-I local supplier shall get purchase preference
over Class-II local supplier as well as Non-local supplier, as per following procedure.
i) Among all qualified bids, the lowest bid will be termed asL1 if L1 is Class-I
local supplier, the contract for full quantity will be awarded to L1.
ii) If L1 bid is not a Class-I local supplier 50% of the order quantity shall be
awarded to L1. Thereafter, the lowest bidder among the Class-I local supplier
will be invited to match the L1 price for the remaining 50% quantity subject to
the Class-I local supplier‟s quoted price falling within the margin for purchase
preference, and contract for that quantity shall be awarded to such Class-I
local supplier subject to matching the L1 price. In case such lowest eligible
Class-I local supplier fails to match the L1 price or accepts less than the
78
 offered quantity, the next higher Class-I local supplier within the margin of
purchase preference shall be invited to match the L1 price for remaining
quantity and so on, and contract shall be awarded accordingly. In case some
quantity is still left uncovered on class-I local suppliers, then such balance
quantity may also be ordered on the L1bidder.
c) In the procurements of goods or works, which are covered by para 3(b) above and
which are not divisible in nature, and in procurement of services where the bid is
evaluated on price alone, the lass-I local supplier shall get purchase preference over
class-II local supplier as well as Non-local supplier as per following procedure.
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is Class-I local
supplier, the contract will be awarded to L1.
ii. If L1 is not Class-I local supplier the lowest bidder among the Class-I local supplier
will be invited to match the L1 price subject to Class-I local supplier‟s quoted price
failing within the margin of purchase preference, and the contract shall be
awarded to such Class-I local supplier subject to matching the L1 price.
iii. In case such lowest eligible Class-I local supplier fails to match the L1 price, the
Class-I local supplier with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the Class-I local supplier within the margin
of purchase preference matches the L1 price, the contract may be awarded to the
L1 bidder.

(d) “Class-II local supplier will not get purchase preference in any procurement,
undertaken by procuring entities.
B. Restrictions under Rule 144 (xi) of General Financial Rules 2017 (order Public
Procurement No.1) of DOE, Public Procurement Division, No.F.No.6/18/2019-PPD)
dated 23.07.2020) and amendments / clarifications issued subsequently by DOE.
The provisions contained in Order (Public Procurement No.1of DOE, Public
Procurement Division No.F.No.6/18/2019PPD) dated 23.07.20 and as amended /
clarified from time to time shall be applicable to this tender.
i) Any bidder from a country which shares a land border with India will be eligible to bid
against the tender only if the bidder is registered with the Competent Authority
specified in Annexure II of Order (Public Procurement No.1) dated 23.07.2020.
ii) "Bidder" (including the term tenderer, 'consultant' or 'service provider‟ in certain
contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons or firms or
companies), every artificial juridical person falling in any of the descriptions of
bidders stated herein before including any agency branch or office controlled by
such person, participating in procurement process.
iii) "Bidder from a country which shares a land border with India" for the purpose of this
order means:
a. An entity incorporated, established or registered in such country : or
b. A subsidiary of an entity incorporated, established or registered in such a country : or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country : or
d. An entity whose beneficial owner is situated in such a country : or
e. An Indian (or other) agent of such an entity :or
f. A natural person who is Citizen of such a country :or
g. A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above.
iv) The beneficial owner for the purpose of (iii) above will be as under:
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 1. In case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has a controlling ownership interest or who exercises
control through other means.

Explanation
a) “Controlling ownership interest" means ownership of or entitlement to more than
twenty five percent of shares or capital or profits of the company;
b) “Control" shall include the right to appoint majority of the directors or to control the
management or Policy decisions including by virtue of their shareholding or
management rights or shareholder's agreements or voting agreements.
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s) who, whether acting alone or together, or
through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

v.An agent is a person employed to do any act for another, or to represent another in
dealings with third person.
vi. [To be inserted in tenders for works contracts, including turnkey contracts] The
successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.

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 Annexure-I

Model Certificate for Tenders (for transitional cases as stated in

para 3 of this order)
"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I hereby certify that this bidder is not from such a
country and is eligible to be considered."
Authorized signatory
(Name of the Firm entity).

Annexure-II
Model Certificate for Tenders
“I have read the clause regarding restrictions on procurement from a bidder of a Country
which shares a land border with India; I certify that this bidder is not from such a country, or
if from such a country, has been registered with the Competent Authority. I hereby certify
that this bidder fulfils all requirements in this regard and is eligible to be considered. [where
applicable, evidence of valid registration by the Competent Authority shall be attached].
Authorized signatory
(Name of the Firm entity).

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 Annexure-III
MODERL CERTIFICATE FOR TENDERS FOR WORKS INVOLVING POSSIBILITY OF
SUB-CONTRACTING
“I have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority and will not sub-Contract any work to a
contractor from such countries unless such contractor is registered with the Competent
Authority. I hereby certify that this bidder fulfils all requirements in this regard and is liable to
be considered (where applicable, evidence of valid registration by the Competent Authority
shall be attached).
Authorized signatory
(Name of the firm entity)

Annexure-IV
Model Certificate for GeM
I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this vendor/ bidder is not from such a
country, or if from such a country, has been registered with the Competent Authority. I
hereby certify that this vendor/ bidder fulfils all requirements in this regard and is eligible to
be considered for procurement on GeM [where applicable, evidence of valid registration by
the Competent Authority shall be attached].

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 ANNEXURE-V
Local content Declaration & Self Certification as per the Government of India Order towards Public
Procurement (preference to Make in India) vide Letter No. P45021/2/2017-PP(BE-II), (revised)
Dated.16.9.2020)
(TO BE PROVIDED ON BIDDERS COMPANY/FIRM LETTER HEAD)
I, ___________________(Name of the Person(s),S/o. at (Address), working as _____________
(Designation and name of the firm/Company/partnership/Joint venture),and I have been authorized to
sign the Declaration/Self-Certification on behalf of firm /Company/partnership/Joint venture do
hereby solemnly affirm and declare as under:
That I will agree to abide by the terms and conditions of the policy of Government towards Public
Procurement (preference to Make in India) vide Letter No. P-45021/2/2017-PP(BE-II)
(revised)Dated.l6.9.2020.
That the information furnished hereinafter is correct to be of my knowledge and belief and I
undertake to produce relevant records before the procuring entity or any authority so nominated for
the purpose of assessing the Local Content.
That the local content for all inputs which constitute the said equipment has been verified by me and
I am responsible for the correctness of the claims made therein.
That in the event of the domestic value addition of the product mentioned herein is found to be
incorrect and not meeting the prescribed value addition norms based on the assessment of an
authority so nominated for the purpose of assessing the Local Content, action will be taken against
me as per the notification P-45021/2/2017-PP(BE-II), (revised) Dated.16.9.2020.
I agree to maintain the following information in the company's record for a period of 8 years and
shall make this available for verification to my statutory authority.
The Details of the location(s) at which the local value addition is made
i. Name and details of the Domestic manufacture
ii. Date on which this certificate is issued
iii. Product for which the certificate is produced
iv. Percentage of local content

Signed by me at___________ on ________

Authorized signatory
(Name of the Firm entity).

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 Annexure-VI
Tenderers shall submit Declaration as per Annexure VIII in their technical bid
Format of Certificate for Tenders for Goods/Services/Works under Rule 144(xi) in the General
Financial Rules (GFRs),2017
To
((Name and address of Tender Inviting Authority)
DECLARATION BY AUTHORISED SIGNATORY OF THE FIRM

Dear Sir.
Ref: Your Tender No.____________ dated ____________
1.I/ We the undersigned_________________, (full name), do hereby declare, in my capacity as
_________ of M/s. _____________(name of bidder entity),that:
2.I / we certify that M/s.______________ (name of bidder entity).
a)is not from such a country, I hereby certify that this bidder fulfils all requirements in this regard and
is eligible to be considered. OR
b)is from such a country(strike out whichever is not applicable) and has been registered with the
Competent Authority. I hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered.[Where applicable, evidence of valid registration by the Competent
Authority is attached).
3.I / We the Bidder agree and undertake that if the contract is awarded to us, we will not sub-contract
or outsource any work and / or any part thereof to a contractor from such countries, unless such
contractor is registered with the Competent Authority and proof of same is obtained. I / we hereby
certify that this bidder fulfils all requirements in this regard and is eligible to be considered and I /
We submit the proof of registration herewith
[Wherever applicable, evidence of valid registration by the Competent Authority shall be attached]
4.I understand that the submission of incorrect data and / or if certificate / declaration given by M/s.
(name of bidder / entity) found to be false, this would be a ground for immediate termination and
further legal action in accordance with law as per Clause 12 of Public Order on Restrictions under
Rule 144 (xi) of the General Financial Rules (GFR's),2017.
5.This declaration cum undertaking is executed by us through our Authorized Signatory/ies after
having read and understood the Office Memorandum and Order (Public Procurement No.1,2,3) dated
23rd and 24thJuly 2020 of Ministry of Finance, Department of Expenditure, Public Procurement
Division, Government of India including the words defined in the said order which shall have the
same meaning for the purpose of this declaration cum undertaking.

Executed at_______ on this the _________day of _________.

By Authorised Signatory
(Signature and Name)
Seal of the Bidder

Signature Not Verified

Digitally signed by SANGRAM KESHARI
SAMAL
Date: 2024.05.30 15:48:05 IST
Location: eProcure-EPROC
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