M.P. INDUSTRIAL DEVELOPMENT CORPORATION LTD.

,
REGIONAL OFFICE, INDORE
(A Govt. Of Madhya Pradesh Undertaking)

TENDER DOCUMENT
(CONFIDENTIAL AND NON TRANSFERABLE)

IMPORTANT INSTRUCTION
1. Please fill in your percentage in figures as well as in words at appropriate place.
2. Please deposit earnest money separately. Copy of receipt of earnest money
should be uploaded on line.
3. No physical submission of Tender is required.
4. Please note that if financial proposal submitted manually bid will be rejected.

1
M.P. INDUSTRIAL DEVELOPMENT CORPORATION LTD.,
REGIONAL OFFICE, INDORE
(A Govt. Of Madhya Pradesh Undertaking)

CONTRACT

NAME OF WORK :
Appointment of Consultant for Survey & Demarcation (DGPS & total station survey) work in
various Industrial area of MPIDC RO Indore

ISSUED TO :

TENDER NOTICE NO:- 4612 Dated – 12.03.2021

DATE :- 15.03.2021

DOCUMENT

Authorized Signatory

Authorized Signatory

2
 M.P. INDUSTRIAL DEVELOPMENT CORPORATION LTD.,
REGIONAL OFFICE, INDORE
Regional Office : Atulya I.T.Park , First Floor,
Khandwa Road, Indore (MP)

Appendix 2.10

Tender Document
For Percentage Rate only

Office of the –Executive Director, MPIDC Ltd., Regional Office, Indore (MP)

NIT Number and Date MPIDC/IND/ACCT/2021/4612 Dated :

12.03.2021

Agreement Number and Date

Appointment of Consultant for Survey & Demarcation
Name of work (DGPS & total station survey) work in various
Industrial area of MPIDC RO Indore

Name of the Contractor

Probable Amount of Contract Rs. 02.00 lakh

(Rs. in Figure) Rs. 02.00 lakh

Rs. Two Lakh Only.
(Rs. in Words)

Contract Amount

(Rs. in Figure)

(Rs. in Words)

Stipulated Period of Completion 12 months including rainy season

3
 Appendix 2.10 (Tender Document)
Table of Contents

Section No. Particulars Page

Section 1 NIT 5-7
Instructions to Bidders (ITB) 8-12
Section 2 Bid Data Sheet 13-14
Annexure A to M 15-35
Table of Clauses
Part-I General Conditions of Contract (GCC)
Section 3 Contract Data
Annexure N to W
Part-II Special conditions of Contract (SCC)
Section 4 Bill of Quantities (BOQ)
Section 5 Agreement Form

4
 SECTION 1
M.P. INDUSTRIAL DEVELOPMENT CORPORATION LTD.,
REGIONAL OFFICE, INDORE
Regional Office : First Floor, Atulya I.T.Park ,
Khandwa Road, Indore (MP)

Notice Inviting Tenders

N.I.T. No. MPIDC/IND/ACCT/21/4612 Dated: 12.03.2021

Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:

S.
Probable
No./ Completion
Amount
Pkg Work District(s) Period
(Rs. in
/Co (months)
lakh)
de
1 Appointment of Consultant for Survey & 12 months
Demarcation (DGPS & total station survey)
- Rs. 02.00 (including
work in various Industrial area of MPIDC
RO Indore Rainy Season)

1. Interested bidders can view the NIT on website https://mptenders.gov.in

2. The Bid Document can be purchased only online from 15.03.2021 upto 17:31 to 19.03.2021
upto 17:30.
3. Amendments to NIT, if any, would be published on website only, and not in news paper.
4. The rates shall be quoted excluding GST.
5. GST will be paid extra as per applicable Government Rules/Orders where ever applicable.

Executive Engineer

5
 Notice Inviting Tender

M.P. INDUSTRIAL DEVELOPMENT CORPORATION LTD.,

REGIONAL OFFICE, INDORE
Regional Office : Atulya I.T.Park , First Floor,
Khandwa Road, Indore (MP)

N.I.T. No. MPIDC/IND/ACCT/21/4612 Dated: 12.03.2021

Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:

Probable
Earnest Cost of Period of
S. Amount
Money Bid Completio
No./ District of Category of
Name of work Deposit Document n
Pkg/ (s) Contract Contractor
(EMD) (In (In
Code (Rs. in
(In Rupees) Rupees) Months)
Lakh)
1 Appointment of Consultant - Rs.02.00 Rs. 4,000/- Rs. 1180/- - 12 months
for Survey & Demarcation (i/c GST) including
(DGPS & total station survey) rainy
work in various Industrial season
area of MPIDC RO Indore

1. All details relating to the Bid Document (s) can be viewed and downloaded free of cost on the
website www.mptetenders.gov.in.
2. Bid Document can be purchased after making online payment of e-portal fees through
Credit/Debit/Cash Card/internet banking.
3. At the time of submission of the Bid the eligible bidder shall be required to:
i) Pay the cost of Bid Document;
ii) Deposit the Earnest Money;
iii) Submit a check list; and
iv) Submit an affidavit.
Details can be seen in the Bid Data Sheet.

4. ELIGIBILITY FOR BIDDERS:

(a) At the time of submission of the Bid the bidder should have valid registration with the
Government of Madhya Pradesh, PWD in appropriate class. However, such bidders
who are not registered with the Government of Madhya Pradesh and are eligible for
registration can also submit their bids after having applied for registration with
appropriate authority.
(b) The bidder would be required to have valid registration at the time of signing of the
Contract.
(c) Valid „A‟ Class Electrical License.
(d) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result in
forfeiture of the earnest money deposit.

5. Pre-qualification – Prequalification conditions, wherever applicable, are given in the Bid Data
Sheet.

6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data Sheet.

7. The Bid Document can be purchased only online from 15.03.2021 upto 17:31 to 19.03.2021
6
 upto 17:30. Other key dates may be seen in bid data sheet.

8. Amendments to NIT, if any, would be published on website only, and not in newspaper.

9. GST will be paid extra at the applicable rates to the contractor. Rest of the other taxes, cess,
levies, fee toll etc. shall be the responsibility of contractor to pay.

Executive Engineer

7
 SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. Scope of Bid

Survey & Demarcation of plots with co-ordinates, land measurements, preparation of maps
shown of mts in hard & soft copy format.

2. General Quality of Work:

The work shall have to be executed in accordance with the technical specifications specified
in the Bid Data sheet / Contract Data, and shall have to meet high standards of workmanship,
safety and security of workmen and works.

3. Procedure for Participation in E-Tendering

The procedure for participation in e-tendering is given in the Bid Data Sheet.

4. One bid per bidder

4.1 The bidder can be an individual entity or a joint venture (if permitted as per Bid Data
Sheet). In case the J.V. is permitted, the requirement of joint venture shall be as per
the Bid Data Sheet.
4.2 No bidder shall be entitled to submit more than one bid whether jointly or severally. If
he does so, all bids wherein the bidder has participated shall stand disqualified.

5. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his bid, and
no claim whatsoever for the same shall lie on the Government.

6. Site visit and Examination of Works

The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain
for itself on its own responsibility all information that may be necessary for preparing the bid
and entering into a contract for construction of the work. All costs in this respect shall have to
be borne by the bidder.

B. BID DOCUMENTS
7. Content of Bid documents
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to Bidders, Bid Data Sheet with all Annexure
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data with all
Annexure and
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
9. Agreement, and
10. Any other document(s), as specified.

8
8. The bidder is expected to examine carefully all instructions, conditions of contract, the
contract data, forms, terms and specifications, bill of quantities, forms and drawings in the
Bid Document. Bidder shall be solely responsible for his failure to do so.

9. Pre-Bid Meeting (where applicable)

Wherever the Bid Data Sheet provides for pre-bid meeting:
9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet. Any change in
the schedule of pre-bid meeting would be communicated on the website only, and
intimation to bidders would not be given separately.

9.2 Any prospective bidder may raise his queries and/or seek clarifications in writing before
or during the pre-bid meeting. The purpose of such meeting is to clarify issues and
answer questions on any matter that may be raised at that stage. The Employer may, at
his option, give such clarifications as are felt necessary.

9.3 Minutes of the pre-bid meeting including the gist of the questions raised and the
responses given together with any response prepared after the meeting will be hosted on
the website.

9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the Bid
Document, it shall be done by issuing amendment to the online NIT.

10. Amendment of Bid Documents

10.1 Before the deadline for submission of bids, the Employer may amend or modify the Bid
Documents by publication of the same on the website.

10.2 All amendments shall form part of the Bid Document.

10.3 The Employer may, at its discretion, extend the last date for submission of bids by
publication of the same on the website.

C. Preparation of Bid

11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms and
submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid required to be
uploaded as per the time schedule mentioned in the key dates of the Notice Inviting e-Tenders
after signing of the same by the Digital Signature of their authorized representative.

12. Documents comprising the Bid

The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all bids .On line
Envelop A shall contain the following as per details given in the Bid Data Sheet :

i) Registration number or proof of application for registration and organizational details

in format given in the Bid Data Sheet.
ii) Payment of the cost of Bid Document;
iii) Earnest Money; and
iv) An affidavit duly notarized.

9
 Part 2 – This shall be known as Online Envelope B and required to be submitted only in
works where pre-qualification conditions and/or special eligibility conditions are stipulated in
the Bid Data Sheet. Online Envelop B shall contain a self-certified sheet duly supported by
documents to demonstrate fulfilment of pre-qualification conditions.
Part 3 – This shall be known as Online Envelope C and would apply to all bids.
Envelop C shall contain financial offer in the prescribed format enclosed with the Bid Data
Sheet.

13. Language
The bid as well as all correspondence and documents relating to the bid exchanged by the
Bidder and the Employer shall be in English or Hindi. Supporting documents and printed
literature that are part of the Bid may be in another language provided they are accompanied
by an accurate translation of the relevant passages in English. In such case, for the purposes
of interpretation of the bid, such translation shall govern.

14. Technical Proposal

14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data Sheet,
the Technical Proposal shall comprise of formats and requirements given in the Bid
Data Sheet.
14.2 All the documents/ information enclosed with the Technical Proposal should be self-
attested and certified by the bidder. The Bidder shall be liable for forfeiture of his
earnest money deposit, if any document / information are found false/ fake/ untrue
before acceptance of bid. If it is found after acceptance of the bid, the bid sanctioning
authority may at his discretion forfeit his performance security/ guarantee, security
deposit, enlistment deposit and take any other suitable action.

15. Financial Bid

i. The bidder shall have to quote rates in format referred in Bid Data Sheet, in overall
percentage, and not item wise. If the bid is in absolute amount, overall percentage would
be arrived at in relation to the probable amount of contract given in NIT. The overall
percentage rate would apply for all items of work.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and
words is found, lower of the two shall be taken as valid and correct.
iii. The bidder shall have to quote rates inclusive of all duties, taxes, royalties and other
levies; and the Employer shall not be liable for the same.
iv. The material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the Bid Data Sheet.

16. Period of Validity of Bids

The bids shall remain valid for a period specified in the Bid Data Sheet after the date of
“close for biding” as prescribed by the Employer. The validity of the bid can be extended by
mutual consent in writing.

17. Earnest Money Deposit (EMD)

17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 The EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial
bank, issued in favour of the name given in the Bid Data Sheet. The Fixed Deposit
Receipt shall be valid for six months or more after the last date of receipt of bids.
10
 However, other form(s) of EMD may be allowed by the Employer by mentioning it in
the Bid Data Sheet.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working days
of the decision on the bid.

17.5 EMD of the successful Bidder will be discharged when the Bidder has Signed the
Agreement after furnishing the required Performance Security.
17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.

D. Submission of Bid
18. The bidder is required to submit online bid duly signed digitally, and Envelop „A‟ & „B‟ in
physical form also at the place prescribed in the Bid Data Sheet.

E. Opening and Evaluation of Bid

19. Procedure
19.1 Envelope „A‟ shall be opened first online at the time and date notified and its contents
shall be checked. In cases where Envelop „A‟ does not contain all requisite
documents, such bid shall be treated as non-responsive, and Envelop B and/or C of
such bid shall not be opened.
19.2 Wherever Envelop „B‟ (Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified. The bidder shall have freedom to witness
opening of the Envelop „B‟. Envelop „C‟ (Financial Bid) of bidders who are not
qualified in Technical Bid (Envelop „B‟) shall not be opened.
19.3 Envelope „C‟ (Financial Bid) shall be opened online at the time and date notified. The
bidder shall have freedom to witness opening of the Envelop „C‟.
19.4 After opening Envelop „C‟ all responsive bids shall be compared to determine the
lowest evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring
any liability. In all such cases reasons shall be recorded.
19.6 The Employer reserves the right of accepting the bid for the whole work or for a
distinct part of it.

20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and recommendation of
contract award shall not be disclosed to bidders or any other person not officially
concerned with such process until final decision on the bid.
20.2 Any attempt by a bidder to influence the Employer in the evaluation of the bids or
contract award decisions may result in the rejection of his bid.

F. Award of Contract
21. Award of Contract
The Employer shall notify the successful bidder by issuing a „Letter of Acceptance‟ (LOA)
that his bid has been accepted.

22. Performance Security

22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall have
11
 to furnish performance security of the amount in the form and for the duration, etc. as
specified in the Bid Data Sheet.
22.2 Additional performance security, if applicable, is mentioned in the Bid Data Sheet
and shall be in the form and for the duration, etc. similar to Performance Security.

23. Signing of Contract Agreement

23.1 The successful bidder shall have to furnish Performance Security and Additional
Performance Security, if any, and sign the contract agreement within 15 days of issue
of LOA.
23.2 The signing of contract agreement shall be reckoned as intimation to commencement
of work. No separate work order shall be issued by the Employer to the contractor for
commencement of work.
23.3 In the event of failure of the successful bidder to submit Performance Security and
Additional Performance Security, if any or sign the Contract Agreement, his EMD
shall stand forfeited without prejudice to the right of the employer for taking any
other action against the bidder.

24. Corrupt Practices

The Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:

i. may reject the bid for award if it determines that the bidder recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract; and
ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period of time,
to participate in bids, if it at any time determines that the bidder has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or
in executing, a contract.

For the purposes of this provision, the terms set forth above are defined as follows:
a. “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
b. “fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
c. “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
d. “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of
another party.

[End of ITB]

12
 BID DATA SHEET
General
Sr. No. Particulars Data
1 Office Inviting Tender MADHYA PRADESH INDUSTRIAL
DEVELOPMENT CORPORATION, REGIONAL
OFFICE, INDORE

2 NIT No. MPIDC/ROIND/ACCT/21/4612 date 12.03.2021

3 Date of NIT 12.03.2021
4 Bid document download available 12.03.2021 17.30 onwards
from date & time
5 Website link https://www.mpetenders.gov.in

Section 1 – NIT

NIT Particulars Data

Clause
Reference
2 Portal Fees As notified in E-Tendering Website
https://www.mpetenders.gov.in
3 Cost of Bid Document Rs. 1180/- i/c GST
Cost of Bid Document Payable at Online
4 Affidavit format Annexure B
5 Pre-qualifications required NA
If Yes, details Annexure C
6 Special Eligibility No
If Yes, details Annexure D
7 Key Dates Annexure A
Section 2 – ITB
Clause Particulars Data
Reference
1 Name of work
Appointment of Consultant for Survey & Demarcation
(DGPS & total station survey) work in various Industrial
area of MPIDC RO Indore

2 Specifications Annexure - E

3 Procedure for participation in e- Annexure - F

tendering

BID DATA SHEET

Clause Particulars Data

Reference

13
4 Whether Joint Venture is allowed NA (Annexure – G)

9 Pre bid meeting to be held NA

12 Envelope –A Containing Only Online
(i) Registration number or proof of
application for registration and
organizational details as per
Annexure H
(ii) Cost of Bid Document
(iii) EMD
(iv) An affidavit duly notarized as per
Annexure – B
14 Envelope-B Technical Proposal Only Online

15 Envelope-C Financial Bid Annexure- J (only online)

Materials to be issued by the NIL
department
16 Period of Validity of Bid 120 Days
17 Earnest Money Deposit 4,000/-
Forms of Earnest Money Deposit Online
EMD valid for a period of 6 months after the last date of receipt of bids.
21 Letter of Acceptance (LoA) Annexure – L
22 Amount of Performance Security 5% of the Contract Amount.
Additional Performance Security, if B. If bid of the successful bidder is found to be
any more than 15% (Fifteen Percent) below the
contract amount, then the bidder shall have to
deposit additional performance security equal to
the difference of amount quoted by the bidder
beyond below 15% and 15% below contract
amount i.e. Quoted percentage by the bidder
(Beyond below 15%) minus 15% of the contract
amount.

For e.g. if the bidder has quoted 17% below

the Probable amount of contract (PAC) then
the additional performance Security will
have to be deposited by the bidder equal to
= (17%-15%) x Amount of contract.
Performance security in the format Annexure – M

Performance Security in favour of Executive Director MPIDC R.O. Indore

Performance security valid up to The upfront Bank Guarantee against performance
security shall be taken for a period as mentioned
below-
Construction Period + 3 Months.
It is clarified that in case the construction period of
the work is extended beyond the stipulated
completion period, the bank guarantee against PG
shall have to be got extended by the contractor for
the relevant period so as to satisfy the validity
criteria mentioned above.

14
Additional Performance security The additional performance Security if applicable
valid up to shall be taken for a period mentioned below:-
Construction period.
It is clarified that in case the construction period
of the work is extended beyond the stipulated
completion period, the bank guarantee against PG
shall have to be got extended by the contractor
for the relevant period so as to satisfy the validity
criteria mentioned above. Additional
performance guarantee may be released as per
MP PWD order no. 2807 dt. 11.07.2018

15
 Annexure – A
(See clause 1, 7 of Section 1 – NIT)

KEY DATES

Works Start Expiry

S. Bidder’s
Department Envelopes
No. Stage Date Time Date Time
Stage
1 Bid 22.03.2021 17.30
Submission
– Online
2 Technical 24.03.2021 15.00 Envelope- A
Proposal open &B
(Envelope-A &
B)

16
 Annexure – B
(See clause 3 of Section 1 – NIT)
|| AFFIDAVIT ||
(To be Contained in Envelope A)
(On Non Judicial Stamp of Rs. 100)

I/we _______________________________________________________ who is/ are

_______________________ (status in the firm/ company) and competent for submission of the
affidavit on behalf of M/S ______________________ (contractor) do solemnly affirm an oath and
state that:

I/we am/are fully satisfied for the correctness of the certificates/records submitted in support
of the following information in bid documents which are being submitted in response to notice
inviting e-tender No. ______________

for__________________________ (name of work) dated __________________ issued by the

________________ (name of the department).

I/we am/ are fully responsible for the correctness of following self-certified information/
documents and certificates:

1. That the self-certified information given in the bid document is fully true and authentic.

2. That:

a. Term deposit receipt deposited as earnest money, demand draft for cost of bid document
and other relevant documents provided by the Bank are authentic.

b. Information regarding financial qualification and annual turnover is correct.

c. Information regarding various technical qualifications is correct.

3. No close relative of the undersigned and our firm/company is working in the department.
OR
Following close relatives are working in the department:

Name ____________________ Post _________________ Present Posting _____________

Signature with Seal of the Deponent (bidder)

I/ We, ____________ above deponent do hereby certify that the facts mentioned in above
paras 1 to 4 are correct to the best of my knowledge and belief.

Verified today _______________ (dated) at ________________ (place).

Signature with Seal of the Deponent (bidder)

Note: Affidavit duly notarized in original shall reach at least one calendar day before opening of the
bid.

17
 Annexure – C
(See clause 5 of Section 1 -NIT )

PRE- QUALIFICATIONS CRITERIA

Not Applicable
The bidder should have:

A. Financial

i. Experience of having successfully executed similar nature of work :

a) three similar works, each costing not less than the amount equal to 20% of the probable
amount of contract during the last 3 financial years;
or
b) two similar works, each costing not less than the amount equal to 30% of the probable
amount of contract during the last 3 financial years;
or
c) one similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract in any one financial year during the last 3 financial years;

ii. Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years.

iii. Executed similar items of work in any one financial year during the last 3 financial years,
which should not be less than the minimum, physical requirement, if any, fixed for the
work.

iv. Bid Capacity – Bidder shall be allotted work up to his available Bid Capacity, Not less
than PAC, which shall be worked out as given in format I-2 of Annexure I.

Note: Financial year means 2017 -2018, 2018 – 2019 & 2019 – 2020.

B. Physical

Physical qualifications for the work shall be as below

S. No. Particulars Quantity Period

Physical qualification required No

18
 Annexure – D
(See clause 6 of Section 1 -NIT )

SPECIAL ELIGIBILITY CRITERIA

No Special Eligibility Criteria are required.

19
 ANNEXURE - E
(See clause 2 of Section 2 –ITB & Clause 10 of GCC)

Specifications
1. NBC Specifications for building works.
10. 2. Schedule of rates from MPPWD Road and Bridge SOR w.e.f. 29-08-2017 with
amendment & Schedule of rates For Building Works SOR w.e.f. 01/12/2020 Up to date
amendment upto date issue of NIT.

The provisions of general / special conditions of contract, those specified elsewhere in the bid
document, as well as execution drawings and notes, or other specifications issued in writing by the
Employer shall form part of the technical specifications of this work.

20
 Annexure –F

GUIDELINES TO CONTRACTORS FOR IMPLEMENTATION OF

E-PROCUREMENT SYSTEM IN MPIDC, GOVERNMENT OF MADHYA PRADESH
https://www.mpetenders.gov.in

Note: These will over rule the stated in the tender documents, wherever relevant and applicable.

1. Registration of Bidders on e-procurement System:

All the Bidders registered / intending to work with MPIDC, are required to register on the e-
procurement System on the website https://www.mpetenders.gov.in and get empanelled on
https://www.mpetenders.gov.in in order to participate in tenders processed by MPIDC, using the
e-procurement System.
The Bidders registered with other departments who are also eligible to participate in tenders
processed by MPIDC, are also required to be registered on the e-procurement System on
https://www.mpetenders.gov.in

3. Digital Certificate:
The bids submitted online should be signed electronically with a Class III Digital Certificate to
establish the identity of the Bidder submitting the Bid online. The bidders may obtain Class III
Digital Certificates issued by an approved certifying Authority authorized by the Controller of
Certifying Authorities, Government of India.
A Class III Digital Certificate is issued upon receipt of mandatory identity proofs along with an
Application Form. Only upon the receipt of the required documents, a Digital Certificate can be
issued.
Note : It may take up to 7 working days for issuance of Class III Digital Certificate; hence the
bidders are advised to obtain them at the earliest.
Important Note : Bid for a particular tender can be submitted during the ONLINE BID
SUBMISSION stage only using the Digital Certificate that is used to encrypt the data and
Upload their bids.
In case, during the process of a particular tender, the bidder loses his Digital Certificate
because of any problem (such as misplacement, virus attack, hardware problem, operating
system problem, etc); he may not be able to submit his bid online.

Hence, the bidders are advised to keep their Digital Certificates in a safe place under proper
security to be used whenever required.

The digital certificate issued to the Authorized User of a Partnership Firm / Private Limited
Company / Public Limited Company / used for online bidding will be considered as equivalent
to a no-objection certificate / power of attorney to that user.

In case of Partnership Firm, majority of the Partners have to authorize a specific individual
through Authority Letter signed by majority of the Partners of the Firm.

In case of Private Limited Company, Public Limited Company, the Managing Director/ any
other person (having designated authority to authorize a specific individual) has to
authorize a specific individual through Authority Letter.
Unless the certificate is revoked, it will be assumed to represent adequate authority of the
specific individual to bid on behalf of the Organization for online tenders as per Information
Technology Act 2000. This Authorized User will be required to obtain a Digital Certificate.
The Digital Signature executed through the use of Digital Certificate of this Authorized User
21
will be binding on the firm. It shall be the responsibility of Management / Partners of the
concerned firm to inform the certifying authority, if the authorized User changes, and apply
for a fresh digital certificate for the new authorized User.

3. Set Up of Bidders’ Computer System:

In order for a Bidder to operate on the e-procurement System, the computer system of the bidder is
required to be set up for Latest version of Java, Operating System, Internet Connectivity, Utilities
Fonts, etc. A help file on setting up of the Computer System can be obtained from the portal.

4. Publishing of NIT
For the tenders processed using the e-procurement system, only a brief Advertisement related to the
tender shall be published in the newspapers and the Detailed Notice shall be uploaded only on the e-
procurement system. The bidders can view the Detailed Notice and the time schedule for all the
tenders‟ processes using the e-procurement System on the website https://www.mpetenders.gov.in

5. Key Dates
The bidders are strictly advised to follow the time schedule (Key Dates) of the Tender for their side
for tasks and responsibilities to participate in the tender, as all the stages of each Tender are locked
before the start time and date and after the end time and date for the relevant stage of the Tender as
set by the concerned Department Official.

6. Purchase of Tender Documents:

The tender document can be purchased ONLY online. The tender shall be available for purchase to
concerned eligible bidders immediately after online release of the tender and upto scheduled date and
time as set in the key dates. Arrangements have been made for the Bidders to make payments online
via Credit Card / Internet Banking. In case of online tendering, the application form for the purchase
of tender documents shall not be required.

The bidder can purchase the tender documents online by making online payment of tender document
fees using the service of the secure electronic payments gateway (see point 7 below for further
details), and should print out the system generated receipt of their reference which can be produced
whenever required.

7. Electronic Payment Account:

As the tender documents shall be available for purchase only online, bidders are required to pay the
tender document fees online using the Online Payments Gateway Service integrated into the e-
Procurement System. For the list of available modes of electronic payments that are presently
accepted on the Online Payments Gateway Service, please check the link „List of e-payments
accepted online‟ on https://www.mpetenders.gov.in

8. Preparation of Bids and Submission of Bid Online by the Bidders:

The Bidders have to prepare their Bids online, encrypt their bid data in the Bid Forms and submit
Bid Seals (Hashes) of all the envelopes and documents required to be uploaded related to the Tender
as per the time schedule mentioned in the key dates of the Notice Inviting Tenders after signing of
the same by the Digital Signature of their authorized representative.

9. Submission of Earnest Money Deposit:

As mentioned in Bid Data Sheet.

22
10. Opening of Tenders:
The concerned Department Official receiving the tenders or his duly authorized Officer shall first
open the online Earnest Money Deposit and copy of Tender Purchase Receipt envelope of all the
Bidders and verify the scanned copy of the Earnest Money Deposit and copy of Tender Purchase
Receipt uploaded by the Bidders. He shall check for the validity of Earnest Money Deposit as
required. He shall also verify the scanned documents uploaded by the bidders, if any, as required. In
case, the requirements are incomplete, the commercial and other envelopes of the concerned Bidders
received online shall not be opened.
The concerned official shall then open the Technical Proposal envelopes submitted online and
physical by the Bidders in the presence of the Bidders or their authorized representatives who choose
to be present in the order of opening. He will match the Bid seal (Hash) of each envelope and the
documents uploaded, during the respective opening, with the hash submitted by the Bidders during
the Bid Preparation stage. In the event of a mismatch, the Bid data in question shall be liable for a
due process of verification by the Nodal Officer of e-procurement System of Public Works
Department. For more details you may contact

Contact : MPIDC LTD., REGIONAL OFFICE, INDORE : Tel. 0731-2970611, 2974363,

2971311
Fax No. 0731-2972629

23
 Annexure -G
(See clause 4 of section 2-ITB)

JOINT VENTURE (J.V.)

NOT ALLOWED

JOINT VENTURE (J.V.)1

If J.V. is allowed following conditions and requirements must be fulfilled –
1. Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements :
a. one of the partners shall be nominated as being Lead Partner, and this authorization shall be evidenced by
submitting a power of attorney signed by legally authorized signatories of all the partners;
b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on all partners;
c. the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all
partners of the joint venture and the entire execution of the contract, including payment, shall be done exclusively
with the partner in charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution of the contract in accordance
with the contract terms, and a statement to this effect shall be included in the authorization mentioned under [c]
above, as well as in the bid and in the Agreement [in case of a successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in respect of planning, design,
construction equipment, key personnel, work execution, and financing of the project. All members of JV should have
active participation in execution during the currency of the contract. This should not be varied/modified
subsequently without prior approval of the employer;
f. The joint venture agreement should be registered, so as to be legally valid and binding on all partners; and
g. a copy of the Joint Venture Agreement entered into by the partners shall be submitted with the bid.
2. The figures for each of the partners of a joint venture shall be added together to determine the Bidder’s compliance
with the minimum qualifying criteria required for the bid. All the partners collectively must meet the criteria
specified in full. Failure to comply with this requirement will result in rejection of the joint venture’s bid.
3. The performance security of a Joint Venture shall be in the name of the partner Lead Partner/joint venture.
4. Attach the power of attorney of the partners authorizing the Bid signatory(ies) on behalf of the joint venture
5. Attach the agreement among all partners of the joint venture [and which is legally binding on all partners], which
shows the requirements as indicated in the Instructions to Bidders’.
6. Furnish details of participation proposed in the joint venture as below:
DETAILS OF PARTICIPATION IN THE JOINT VENTURE
PARTICIPATION DETAILS FIRM ‘A’ (Lead Partner) FIRM ‘B’ FIRM ‘C’
Financial
Name of the Banker(s)
Planning
Construction Equipment
Key Personnel
Execution of Work
(Give details on contribution of each)

1
Section 2 –Annexure - G
24
 Annexure -H
(See clause 12 of section 2-ITB & clause 4 of GCC)

ORGANIZATIONAL DETAILS

(To be Contained in Envelope-A)

S.
Particulars Details
No.
Registration number issued by Centralized (If applicable, scanned copy of
1 Registration System of Govt. of M.P. of Proof application for registration to be
of application for registration. uploaded)
Valid Registration of bidder in appropriate Registration No.………….. Date
2 class through Centralized Registration of Govt. ……………. (Scanned copy of
of M.P. Registration to be uploaded)
Name of Organization/Individual/Proprietary
3
Firm/ Partnership Firm
Entity of Organization
Individual/Proprietary Firm/Partnership Firm
4 (Registered under Partnership Act)/Limited
Company (Registered under the Companies
Act-1956)/Corporation/Joint Venture
5 Address of Communication
6 Telephone Number with STD Code
7 Fax Number with STD Code
8 Mobile Number
9 E-mail Address for all communications
Details of Authorized Representative
10 Name
11 Designation
12 Postal Address
13 Telephone Number with STD Code
14 Fax Number with STD Code
15 Mobile Number
16 E-mail Address

Note: In case of partnership firm and limited company certified copy of partnership deed/Articles
of Association and Memorandum of Association along with registration certificate of the
company shall have to be enclosed.

Signature of Bidder with Seal

Date: ……………………..

25
 Annexure -I
(See clause 14 of section 2 -ITB)

Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

Not Applicable

S. No. Particulars Details to be submitted

1 Experience – Financial & Physical Annexure –I (Format: 1-1)

2 Annual Turnover Annexure –I (Format: 1-2)

3 List of technical personnel for the key Annexure –I (Format: 1-3)

positions

4 List of Key equipments/machines for Annexure –I (Format: 1-4)

quality control labs

5 List of Key equipments/machines for Annexure –I (Format: 1-5)

construction work

Note:

1. Technical Proposal should be uploaded duly page numbered and indexed.

2. Technical Proposal uploaded otherwise will not be considered.

26
 Annexure –I (Format: I-1)
(See clause 14 of section 2 -ITB)

FIINANCIAL & PHYSICAL EXPERIENCE DETAILS

(Not Applicable)

A. Financial Requirement:

The bidder should have completed either of the below:

a) three similar works each costing not less than the amount equal to 20% of the probable
amount of contract during the last 3 financial years; or

b) two similar works each costing not less than the amount equal to 30% of the probable
amount of contract during the last 3 financial years; or

c) one similar work of aggregate cost not less than the amount equal to 50% of the probable
amount of contract in any one financial year during the last 3 financial years;

To be filled in by the contractor:

i. Details of successfully completed similar works shall be furnished in the following

format.

ii. Certificate duly signed by the employer shall also be enclosed for each completed similar
work.

Agreement Name of Date of Date of Amount of Employer‟s Name

Number & Year work Work Order Completion Contract and Address

Existing commitments – (Value of ‘C’ for Bid Capacity formula)

Agreement Name of Date of Date of Amount Amount of Employer‟s

Number & work Work Completion of balance work Name and
Year Order Contract Address

27
B. Physical Requirement:

Execution of similar items of work in any one financial year during the last 3 financial years should
not be less than the minimum physical requirement fixed for the work.

Actual Quantity Executed

. (To be filled in by the contractor )
Particulars
No.
Year-1 Year-2 Year-3
Physical qualification required No

Note:

1. Certificate duly singed by the employer shall be enclosed for the actual quantity executed
in any year during the last 3 financial years.

2. Similar works: civil works related to building repairing work.

28
 Annexure –I (Format: I-2)
(See clause 14 of section 2 -ITB)

ANNUAL TURN OVER

Not Applicable

Requirement:

Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in progress of completed

1. 2017 – 2018
2. 2018 – 2019
3. 2019 - 2020

Note :

i. Annual turnover of construction should be certified by the Chartered Accountant.

ii. Audited balance sheet including all related notes, and income statements for the above
financial years to be enclosed.

Bid Capacity

Applicants who meet the minimum qualifying criteria in the evaluation as stated above are to
be evaluated further for bid capacity as under :
Bid Capacity = (1.5 A X B) – C

Where

A= Maximum value of civil engineering works executed in any one year during the last five year
(10% weightage per year shall be given to bring the value of work executed at present price
level)

B= Proposed contract period in years.

C= Amount of work in hand at present.

29
 Annexure –I (Format: I-3)
(See clause 14 of section 2 –ITB & Clause 6 of GCC)

List of Technical Personnel for the Key Positions

Not Applicable

30
 Annexure –I (Format: I-4)
(See clause 14 of section 2 -ITB)

List of Key Equipments/Machines for Quality Control Labs

Not Applicable

31
 Annexure –I (Format: I-5)
(See clause 14 of section 2 -ITB)

List of Key Equipments/Machines for Construction Work

Not Applicable

32
 Annexure – J
(See clause 14 of section 2 –ITB)

FINANCIAL BID
(To Be Contained in Envelope-C)
(Only online)

NAME OF WORK ……………………………………………….

I/We hereby bid for the execution of above work within the time specified at the rate (in
figures) …………………. (in words) ……………………………..percent below/above or at par
based on the Bill of Quantities and item wise rates given therein all respects and in accordance with
the specifications, designs, drawings and instructions in writing in all respect in accordance with
such conditions so far as applicable. I/We have visited the site of work and am/are fully aware of all
the difficulties and conditions likely to affect the carrying out the work. I/We have fully acquainted
myself/ourselves about the conditions in regard to accessibility of site and quarries/kilns, nature and
the extent of ground, working conditions including stacking of materials, installation of tools and
plant conditions effecting accommodation and movement of labour etc. required for the satisfactory
execution of contract.

Should this bid be accepted, I/We hereby agree to abide by and fulfil all the terms and
provisions of the said conditions of contract annexed hereto so far as applicable, or default thereof to
forfeit and pay to the Governor of Madhya Pradesh or his successors in office the sums of money
mentioned in the said conditions.

Note:

i Only one rate of percentage above or below or at par based on the Bill of Quantities and item
wise rates given therein shall be quoted.
i. Percentage shall be quoted in figures as well as in words. If any difference in figures and
words is found lower of the two shall be taken as valid and correct rate. If the bidder is not
ready to accept such valid and correct rate and declines to furnish performance security and
sign the agreement his earnest deposit shall be forfeited.
ii. In case of the percentage “above” or “below” is not given by a bidder his bid shall be
treated as non responsive.
iii. All duties, taxes and other levies payable by the bidder shall be included in the percentage
quoted by the bidder.

Signature of Bidder

Name of Bidder

The above bid is hereby accepted by mean on behalf of MPIDC, Indore dated the
……………………. day of ……………………….. 20...............

Signature of Officer by whom accepted.

……………………………………………………………

33
 Annexure – K
(See clause 15 of Section 2 -ITB)

NO MATERIALS WILL BE ISSUED BY THE DEPARTMENT 30

34
 Annexure - L
(See clause 21 of Section 2 -ITB)

LETTER OF ACCEPTANCE (LOA)

No. _______________ Dated: __________

To

M/s ___________________________
(Name and address of the contractor)

Subject: ___________________________________
(Name of the work as appearing in the bid for the work)

Dear Sir (s),

Your bid for the work mentioned above has been accepted on behalf of the Executive
Director MPIDC Ltd., Regional office, Indore at your bided percentage _____ below/above or at par
the Bill of Quantities and item wise rates given therein.

You are requested to submit within 15 (Fifteen) days from the date of issue of this letter:

a. The performance security/performance guarantee of Rs. _______________ (in figures)

(Rupees _______________________________________________ in words only).

The performance security shall be in the shape of term deposit receipt/bank guarantee of any
nationalized/scheduled commercial bank valid up to three months after the expiry of defects
liability period.

b. Sign the contract agreement.

Please note that the time allowed for carrying out the work as entered in the bid is _______
months including/excluding rainy season, shall be reckoned from the date of signing the contract
agreement.

Signing the contract agreement shall be reckoned as intimation to commencement of work and
no separate letter for commencement of work is required. Therefore, after signing of the agreement,
you are directed to contact the Engineer-in-charge for taking the possession of site and necessary
instructions to start the work.

Yours faithfully,

Executive Director

35
 Annexure – M

(See clause 22 of section 2 –ITB)

PERFORMANCE SECURITY
To

-------------------------------- (Name of Employer)

--------------------------------
-------------------------------- (address of employer)
--------------------------------

WHEREAS _____________________ [name and address of Contractor)

(Hereinafter called “the Contractor”) has undertaken, in pursuance of Letter of Acceptance No.__________
dated ____________ to execute _____________[name of Contract and brief description of Works]
(hereinafter called "the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligation in accordance with the contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on behalf of
the Contractor, up to a total of ___________ [amount of guarantee]* ______________ (in words), such sum
being payable in the types and proportions of currencies in which the contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within
the limits of _________________[amount of guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor before presenting us
with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract of the
Works to be performed there under or of any of the Contract documents which may be made between you and the
Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.
Our liability under this Bank Guarantee shall not exceed Rs. .......................( Rs. ......................only) & we
further declare that this Bank Guarantee will be valid from .................to ....................... and we declare that this
Bank Guarantee will be renewed automatically; (Only upto actual work completion period + defect liability
period + 3 month) we undertake to renew this Bank Guarantee on our own till the matter is settled & fully
discharged by the Executive Director, MPIDC, R.O. Indore. The liability of the importer shall not be discharged in
any account without the consent of the Executive Director, MPIDC, R.O. Indore in writing.
This guarantee shall be valid until 3 (three) months of expiry of the Defect Liability Period.

Signature, Name and Seal of the guarantor _________________________________________

Name of Bank _______________________________________________________________

Address_____________________________________________________________________

Phone No., Fax No., E-mail Address, of Signing Authority ____________________________

Date _______________________________________________________________________

An amount shall be inserted by the Guarantor, representing the percentage the Contract Price specified in the
Contract including additional security for unbalanced Bids, if any and denominated in Indian Rupees.

36
 SECTION 3

Conditions of Contract
Part – I General Conditions of Contract (GCC)

Table of Clauses of GCC

Clause Particulars Clause Particulars

No. No.
A. General 21 Payments for Variations and/ or Extra
Quantities
1 Definitions 22 No compensation for alterations in or
restriction of work to be carried out.
2 Interpretations and Documents 23 No Interest Payable
3 Language and Law 24 Recovery from Contractors
4 Communications 25 Tax
5 Subcontracting 26 Check Measurements
6 Personnel 27 Termination by Engineer-in-Charge
7 Force Majeure 28 Payment upon Termination
8 Contractor‟s Risks 29 Performance Security
9 Liability For Accidents to Person 30 Security Deposit
10 Contractor to Construct the 31 Price Adjustment (NA)
Works
11 Discoveries 32 Mobilization and Construction
Machinery Advance
12 Dispute Resolution system 33 Secured Advance
B. Time Control 34 Payment Certificates
13 Programme E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
16 Contractor‟s quoted percentage F. Other Conditions of Contract
C. Quality Control 37 Currencies
17 Tests 38 Labour
18 Correction of Defects noticed 39 Compliance with Labour Regulations
during the Defect Liability
Period
D. Cost Control 40 Audit and Technical Examination
19 Variations – Change in Original 41 Death or Permanent Invalidity of
Specifications, Designs, Contractor
Drawings etc.
20 Extra Items 42 Jurisdiction

37
 A. General
1. DEFINITIONS

1.1 Bill of quantities means the priced and completed bill of quantities forming part of the Bid.
1.2 Chief Engineer: means Chief Engineer of the MPIDC, Bhopal.
1.3 Completion: means completion of the work as certified by the Engineer-in-charge,
accordance with the provision of agreement.
1.4 Contract: means the contract between the Employer and the Contractor to execute, complete
and/or maintain the work. Agreement is synonym of Contract and carries the same meaning
wherever used.
1.5 Contract Data: means the documents and other information which comprise of the contract.
1.6 Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7 Contractor's bid: means the completed bid document submitted by the Contractor to the
Employer.
1.8 Contract amount: means the amount of contract work out on the basis of accepted bid.
1.9 Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply completion of
work or any component thereof.
1.10 Day: means the calendar day
1.11 Defect: means any part of the work not completed in accordance with the specifications
included in the contract.
1.12 Department: MPIDC Ltd., Regional office, Indore, which adopts this document.
1.13 Drawing: means drawings including calculations and other information provided or
approved by Engineer-in-charge.
1.14 Employer: means the party as define in the contract data, who employs the contractor to
carry out the work. The employer may delegate any or all functions to a person or body
nominated by him for specified functions. The word employer/ Government /Department
wherever used denote the employer.
1.15 Engineer: means the person named in the contract data.
1.16 Engineer in charge: means the person named in the contract data.
1.17 Equipment: means the Contractor's machinery and vehicles brought temporarily to the site for
execution of work.
1.18 Government: means Government of Madhya Pradesh.
1.19 In Writing: means communicated in written form and delivered against receipt.
1.20 Material: means all supplies, including consumables, used by the contractor for the
incorporation in the work.
1.21 Executive Engineer : means Executive Engineer of the MPIDC Ltd., Regional office Indore.
1.22 Stipulated period of completion: means the period in which the contractor is required to
complete the work. The stipulated period is specified in the contract data.
1.23 Specification: means the specification of the work included in the contract and any
modification or addition made or approved by the Engineer-in-charge.
1.24 Start Date: means the date of signing of agreement for the work.
1.25 Sub contractor: means a person or corporate body who has a contract with the contractor,
duly authorized to carry out a part of construction work under the contract.
1.26 Temporary work: means work, design, constructed, installed and removed by the contractor
that are needed for construction or installation of the work.
1.27 Tender/Bid, Tenderer / Bidder: are the synonyms and carry the same meaning wherever
used.
1.28 Variation: means any change in the work which is instructed or approved as variation under
the contract.
1.29 Work: The expression “work” or “works” where used in these conditions shall unless there
be something either in the subject or context repugnant to such construction be construed and
taken to mean the work by virtue of contract, contracted to be executed, whether temporary or
permanent and whether original, altered, substituted or additional.
38
2. INTERPRETATIONS AND DOCUMENTS

2.1 Interpretations
In all the contract, except where the context requires or otherwise;
a. words indicating one gender include all genders;
b. Words indicating the singular also include the plural and vice versa
c. Provisions including the word “agree”, “agreed” or “agreement” require the
agreement to be recorded in writing.
d. “written” or “in writing” means hand-written, type-written, printed or electronically
made, and resulting in a permanent record.

2.2 Documents Forming Part of Contract:

1. NIT with all amendments
2. Instructions to Bidders (ITF, Bid Data Sheet with all Annexure)
3. Conditions of Contract:
i. Part I General Conditions of Contract and Contract Data; with all annexure
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Bill of Quantities
7. Technical and Financial Bid
8. Agreement
9. Any other document(s), as specified.

3. Language and Law

The language of the Contract and the law governing the Contract are stated in the Contract
Data.

4. Communications
All certificates, notice or instruction to be given to the Contractor by the Employer/Engineer
shall be sent to the address or contact details given by Contractor in [Annexure H of ITB].
The address and contact details communication with the Employer/Engineer shall be as per
the details given in the Contract Data. Communication between parties that are referred to
in the conditions shall be in writing. The notice sent by facsimile (fax) or other electronic
(email) shall also be effective on confirmation of the transmission. The notice sent by
registered post or speed post shall be effective on delivery or at the expiry of the normal
delivery period as undertaken by the postal service. In case of any change in address for
communication, the same shall be immediately notified to Engineer-in-Charge.

5. Subcontracting
Sub Contracting shall be permitted for contracts of value more than amount in the Contract
Data with following conditions.
a. The Contractor may subcontract up to 25 percent of the contract price with approval of the
Employer in writing, but will not assign the subcontracting shall not alter the Contractor's
obligations.
b. Following shall not form part of subcontracting:
i. Hiring of labour through a labour contractor
ii. The purchase of materials to be incorporated in the works.
iii. Hiring of plant & machinery.
c. The sub-contractor will have to be registered in the appropriate category in the
centralised registration system for contractors of the GoMP.

39
Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if applicable.
If the Contractor fails to deploy required number of technical staff, recovery as
specified in the Contract Data will be made from the contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that
the person leaves the site within three days and has not further connection with the
works in the contract.

7. Force Majeure
7.1 The term “Force Majeure” means an exceptional event or circumstance:

(a) Which is beyond a Party‟s control,

(b) Which such Party could not reasonably have provided against before entering into the
Contract,
(c) Which, having arisen, such Party could not reasonably have avoided or overcome,
and
(d) Which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional events or circumstances
of the kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) War, hostilities (whether war be declared or not), invasion, act of foreign
enemies,
(ii) Rebellion, terrorism, sabotage by persons other than the Contractor‟s Personnel,
revolution, insurrection, military or usurped power, or civil war,
(iii) Riot, commotion, disorder, strike or lockout by persons other than the
Contractor‟s Personnel,
(iv) Munitions of war, explosive materials, ionising radiation or contamination by
radio-activity, except as may be attributable to the Contractor‟s use of such
munitions, explosives, radiation or radio-activity, and
(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.
7.2 In the event of either party being rendered unable by force majeure to perform any
duty or discharge any responsibility arising out of the contract, the relative obligation
of the party affected by such force majeure shall upon notification to the other party
be suspended for the period during which force majeure event lasts. The cost and loss
sustained by either party shall be borne by respective parties.
7.3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply, it is clarified that
this sub clause shall not give eligibility for price adjustment to contracts which are
otherwise not subject to the benefit of price adjustment clause.
7.4 The time for performance of the relative obligation suspended by the force majeure
shall stand extended by the period for which such clause lasts. Should the delay
caused by force majeure exceed twelve months, the parties to the contract shall be at
liberty to foreclose the contract after holding mutual discussions.

8. Contractor’s Risks
8.1 All risks of loss or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.
8.2 All risks and consequences arising from the inaccuracies or falseness of the
documents, drawing, designs, other documents and/or information submitted by the
contractor shall be the responsibility of the Contractor alone, notwithstanding the fact
that the designs/ drawings or other documents have been approved by department.

40
9. Liability for Accidents to Person
The contractor shall be deemed to have indemnified and saved harmless Government against
all action, suits, claims, demands, costs etc. arising connection with injuries suffered by any
persons employed by the contractor or his subcontractor for the works whether under the
General law or under workman‟s compensation Act, or any other statute in force at the time
of dealing with question of the liability of employees for the injuries suffered by employees
and to have taken steps properly to ensure against any claim there under.

10. Contractor to Construct the Works

10.1 The Contractor shall construct, install and maintain the Works in accordance with the
Specifications and Drawings as specified in the Contract Data.
10.2 In the case of any class of work for which there is no such specification as is
mentioned in Contract Data, such work shall be carried out in accordance with the
instructions and requirement of the Engineer-in-Charge.
10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and
generally of all means used for the fulfilment of this contract whether such means
may or may not be approved or recommended by the Engineer.

11. Discoveries
Anything of historical or other interest or of significant value unexpectedly discovered on the
Site shall be the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer‟s instructions for dealing with them.

12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in
Contract Data in writing giving full description and grounds of dispute. It is clarified
that merely recording protest while accepting measurement and/or payment shall not
be taken as raising a dispute.

12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer
shall not be liable for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30 days
to the Appellate Authority as defined in the Contract data. The Appellate Authority
shall decide the dispute within 45 days.
12.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983.
12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum.

B. Time Control
13. Programme
13.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods, arrangements,
order and timing for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its execution.
The contractor shall submit the list of equipment and machinery being brought to site,
the list of key personnel being deployed, the list of machinery/equipment being
placed in field laboratory and the location of field laboratory along with the
Programme.

41
 13.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining Works, including any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an update Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does
not submit an updated Programme within the period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.
13.5 The Engineer‟s approval of the Programme shall not alter the Contractor‟s
obligations.

14. Extension of Time

14.1 If the Contractor desires an extension of time for completion of the work on the
ground of his having been unavoidably hindered in its execution or on any other
grounds, he shall apply, in writing, to the Engineer-in-Charge, on account of which he
desires such extension. Engineer-in-Charge shall forward the aforesaid application to
the Competent Authority as prescribed.
14.2 The competent authority shall grant such extension at each such occasion within a
period of 30 days of receipt of application from contractor and shall not wait for
finality of work. Such extensions shall be granted in accordance with provisions
under clause-15 of this agreement.
14.3 In case the work is already in progress, the Contractor shall proceed with the
execution of the works, including maintenance thereof, pending of the decision of the
competent authority as aforesaid with all due diligence.

15. Compensation for Delay

15.1 The time allowed for carrying out the works, as entered in the agreement, shall be
strictly observed by the Contractor.
15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is
dispensed with.
15.3 In the event milestones are laid down in the Contract Data for execution of the works,
the contractor shall have to ensure strict adherence to the same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned on the
Contract Data the Engineer-in-Charge shall retain from the bills of the Contractor
amount equal to the liquidated damages leviable until the Contractor make such
delays good. However, the Engineer-in-Charge shall accept bankable security in lieu
of retaining such amount.
15.6 If the Contractor is given extension of time after liquidated damages have been paid,
the Engineer-in-Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.
15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall be
adjusted against the liquidated damages levied.

16. Contractor’s quoted percentage

The Contractor‟s quoted percentage rate referred to in the “Bid for works” will be deducted/
added from/ to the net amount of the bill after deducting the cost of material supplied by the
department.

42
 C. Quality Control
17. Tests

17.1 The Contractor shall be responsible for:

a. Carrying out the tests prescribed in specifications, and

b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
c. At least 20% test of material of prescribed frequencies should be carried out by
Engineering College/MPPWD/NABL accredited labs as directed by Engineer-in-
Charge. The charges for the same paid by the contractor.
17.2 The contractor shall have to establish field laboratory within the time specified and
having such equipments as are specified in the Contract Data.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the Contract Data.

18. Correction of Defects noticed during the Defect Liability Period

18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well
before the end of the Defect Liability Period. The Defect Liability Period shall
automatically stand extended until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period
to the satisfaction of the Engineer, within the time specified by the Engineer, the
Engineer will assess the cost of having the Defect corrected, and the cost of correction
of the Defect shall be recovered from the Performance Security or any amount due or
that may become due to the contractor and other available securities.

D. Cost Control

19. Variations – Change in original Specifications, Designs and Drawings etc.

19.1 The Engineer-in-Charge shall have power to make any alterations, omissions or
additions to or substitutions in the original specifications, drawings, designs and
instructions that may appear to him to be necessary during the progress of the work
and the contractor shall carry out the work in accordance with any instructions which
may be given to him in writing signed by the Engineer-in-Charge and such
alterations, omission, additions or substitutions shall not invalidate the contract and
any altered, additional or substituted work, which the contractor may be directed to do
in the manner above specified, as part of the work, shall be carried out by the
contractor on the same conditions in all respects on which he agrees to do the main
work.
19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-Charge shall be conclusive as to such proportion.

20. Extra Items

20.1 All such items which are not included in the priced BOQ shall be treated as extra
items.

21. Payments for Variations and / or Extra Quantities

21.1 The rates for such additional (Extra quantity), altered or substituted work / extra items
under this clause shall be worked out in accordance with the following provisions in
their respective order:-
a. The contractor is bound to carry out the additional (Extra quantity), work at the same rates as
are specified in the contract for the work.

43
 b. If the item is not in the priced BOQ and is included in the SOR of the department, the rate
shall be arrived at by applying the quoted tender percentage on the concerning SOR rate.

Note:- All SOR amendment applicable upto issue date of NIT.

c. If the rates for the altered or substituted work are not provided in applicable SOR – such rates
will be derived from the rates for a similar class (type) of work as is provided in the contract
(priced BOQ) for the work.
d. If the rates for the altered, substituted work cannot be determined in the manner specified in
the sub clause (c) above – then the rates for such composite work item shall be worked out on
the basis of the concerned Schedule of Rates minus/plus the percentage quoted by the
contractor.
e. If the rates for a particular part or parts of the item is not in the Schedule of Rates and the
rates for the altered, or substituted work item cannot be determined in the manner specified in
sub clause (b) to (d) above, the rate for such part or parts will be determined by the
Competent Authority as defined in the Contract Data on the basis of the rate analysis derived
out of prevailing market rates when the work was done.
f. But under no circumstances, the contractor shall suspend the work on the plea of non-
acceptability of rates on items failing under sub clause (a) to (e). In case the contractor does
not accept the rate approved by the Engineer-in-Charge for a particular item, the contractor
shall continue to carry out the item at the rates determined by the Competent Authority. The
decision on the final rates payable shall be arrived at through the dispute settlement
procedure.

22. No compensation for alterations in or restriction of work to be carried out.

22.1 If at any time after the commencement of the work, the Engineer-in-Charge, for any reason
whatsoever, not require the whole or any part of the work as specified in the bid to be carried
out; the Engineer-in-Charge shall give notice in writing of the fact to the contractor and
withdraw that whole or any part of the work.
22.2 The contractor shall have no claim to any payments or compensation whatsoever, on account
of any profit or advantage which he might have derived from the execution of work in full or
on account of any loss incurred for idle men and machinery due to any alteration or
restriction of work for whatsoever reason.
22.3 The Engineer-in-Charge may supplement the work by engaging another agency to execute
such portion of the work, without prejudice to his rights.

23. No Interest Payable

No interest shall be payable to the Contractor on any payment due or awarded by any
authority.

24. Recovery from Contractors

Whenever any claim against the Contractor for the payment arises under the contract, the
Department may be entitled to recover such sum by:
(a) Appropriating, in part or whole of the Performance Security and Additional Performance
Security, if any; and/or Security Deposit and/or any sums payable under the contract to the
contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the balance sum may
be recovered from any payment due to the contractor under any other contract of the
department, including the securities which become due for release.
(c) The department shall, further have an additional right to effect recoveries as arrears of land
revenue under the M.P. Land Revenue Code.

44
25. Good & Service Tax (GST) for work contract service

The contractor/successful bidder shall be abide by the GST laws, the following conditions are
required to be fulfilled :-
a) Contractor must have valid GST registration.
b) As per PWD manual financial bid shall be inclusive of all taxes except GST, GST-TDS shall
be deducted as applicable by the law in force at the time being.
c) Financial bid should be excluding GST, GST shall be additionally payable, if not exempted
under GST laws.
d) Contractor shall have to raise proper GST invoice, mentioning clear-cut bifurcation like basic
amount, SGST, CGST and IGST tax amount if applicable etc. in full pursuance to invoicing
rules prescribed in GST law.
e) Financial comparison for determination of L1, L2 shall be done deemed to be excluding
applicable GST amount. But all other taxes shall be inclusive.
f) GST, TDS shall be deducted if applicable under GST law at the time of bill passing date.
g) Successful bidder shall have to file applicable GST return within scheduled time frame under
GST law (GSTR01,02,03 etc.), incase of failure in filing such return within schedule time
frame, by the bidder, MPIDC Ltd., Indore shall have the right to deduct/recover such
involved GST amount, Interest, penalty etc accordingly, and no excuse in this regard shall be
considered.

25 (a) Tax
25.1 The rates quoted by the contractor shall be deemed to be inclusive of the commercial tax and
other levies, duties, cess, toll, taxes of Central and State Governments, local bodies and
authorities, except GST.
25.2 The liability, if any, on account of quarry fees, royalties, octroi and any other taxes and duties
in respect of materials actually consumed on public work, shall be borne by the contractor.
25.3 Any changes in the taxes due to change in legislation or for any other reason shall not be
payable to the contractor.

26. Check Measurements

26.1 The department reserves to itself the right to prescribe a scale of check measurement of work
in general or specific scale for specific works or by other special orders.
26.2 Checking of measurement by superior officer shall supersede measurements by subordinate
officers(s), and the former will become the basis of the payment.
26.3 Any over/excess payments detected, as a result of such check measurement or otherwise at
any stage up to the date of completion of the defect liability period specified in this contract,
shall be recoverable from the Contractor, as per clause 24 above.

27. Termination by Engineer-in-Charge

27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer-in-Charge
may by notice require the Contractor to make good the failure and to remedy it within a
specified reasonable time.
27.2 The Engineer-in-Charge shall be entitled to terminate the Contract if the Contractor
(a) Abandons the Works or otherwise plainly demonstrates the intention not to continue
performance of his obligations under the contract;
(b) The Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation;
(c) Without reasonable excuse fails to comply with the notice to correct a particular defect
within a reasonable period of time;
(d) The Contractor does not maintain a valid instrument of financial security as prescribed;
(e) The Contractor has delayed the completion of the works by such duration for which the
maximum amount of liquidated damages is recoverable;
(f) If the Contractor fails to deploy machinery and equipment or personnel or set up a field
laboratory as specified in the Contract Data;

45
(g) If the Contractor, in the judgment of the Engineer-in-Charge has engaged in corrupt or
fraudulent practices in completing for or in executing the contract;
(h) Any other fundamental breaches as specified in the Contract Data.

27.3 In any of these events or circumstances, the Engineer-in-Charge may, upon giving 14 days
notice to the Contractor, terminate the Contract and expel the Contractor from the Site.
However, in the case of sub-paragraph (b) or (g) of clause 27.2, the Engineer-in-Charge may
terminate the Contract immediately.
27.4 Notwithstanding the above, the Engineer-in-Charge may terminate the Contract for
convenience by giving notice to the Contractor.

28. Payment upon Termination

28.1 If the contract is terminated under clause 27.3, the Engineer shall issue a certificate for value
of the work accepted on final measurements, less Advance Payments and Penalty as indicated
in the Contract Data. The amount so arrived at shall be determined by the Engineer-in-
Charge and shall be final and binding on both the parties.
28.2 Payment on termination under clause 27.4 above –
If the Contract is terminated under clause 27.4 above, the Engineer shall issue a certificate for
the value of the work done, the reasonable cost of removal of Equipment, repatriation of the
Contractor‟s personnel employed solely on the Works, and the Contractor‟s costs of
protecting and securing the Works and less advance payments received up to the date of the
certificate, less other recoveries due in terms of the contract and less taxes due to be deducted
at source as per applicable law.
28.3 If the total amount due to the Employer exceeds any payment due to the Contractor, the
difference shall be recovered as per clause 24 above.

29. Performance Security

The Contractor shall have to submit performance security and additional performance
security, if any, as specified in the Bid Data Sheet at the time of signing of the contract. The
contractor shall have to ensure that such performance security and additional performance
security, if any, remains valid for the period as specified in the Contract Data.

30. Security Deposit

30.1 Security Deposit shall be deducted from each running bill at the rate as specified in the
Contract Data. The total amount of Security Deposit so deducted shall not exceed the
percentage of Contract Price specified in the Contract Data.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or fixed
deposit receipt assigned to the Employer, with validity up to 3 (three) months beyond the
completion of Defect Liability Period/ extended Defect Liability Period.
30.3 The Security Deposit shall be refunded on completion of Defect Liability Period.

31. Price Adjustment -NA

31.1 Applicability
1. Price adjustment shall be applicable only if provided for in the Contract Data.
2. The price of adjustment clause shall apply only for the works executed from the date of
signing of the agreement until the end of the initial intended completion date or extensions
granted for reasons attributed to the Employer by the Engineer.
3. The Contractor shall not be entitled to any benefit arising from the price adjustment clause
for extension in the contract period for reasons attributed to the Contractor.
4. In the Force Majeure event the price escalation clause shall apply.

46
31.2 Procedure
1. Contract price shall be adjusted for increase or decrease in rates and price of labour,
materials, fuels, and lubricants in accordance with following principles and procedures and as
per formula given in the contract data.
2. The price adjustable shall be determined during each quarter from the formula given in the
contract data
3. Following expression and meaning are assigned to the work done during each quarter:
R = Total value of work during the quarter. It would include the amount of secured advance
granted, if any, during the quarter, less the amount of secured advance recovered, if any
during the quarter, less value of material issued by the department, if any, during the quarter.
4. Weightages of various components of the work shall be as per the Contract Data.
31.3 To the extent that full compensation for any rise or fall in costs to the contractor is not covered
by the provisions of this or other clauses in the contract, the unit rates and prices included in
the contract shall be deemed to include amounts to cover the contingency of such other rise
or fall in costs.
31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either positive or
negative, i.e. if the price adjustment is in favour of the Employer, the same shall be recovered
from the sums payable to the contractor.

32. Mobilization and Construction Machinery Advance (NA)

32.1 Payment of advances shall be applicable if provided in the Contract Data.
32.2 If applicable, the Engineer in charge shall make interest bearing advance payment to
the contractor of the amounts stated in the Contract Data, against Provision by the
contractor of an unconditional Bank Guarantee in a form and by a nationalized/
scheduled banks, in the name as stated in the Contract Data, in amounts equal to the
advance payment. The guarantee shall remain effective until the advance payment has
been repaid, but the amount of the guarantee shall be progressively reduced by the
amounts repaid by the contractor.
32.3 The rate of interest chargeable shall be as per Contract Data.
32.4 The construction machinery advance, if applicable, shall be limited to 80% of the cost
of construction machinery and admissible only for new construction machinery.
32.5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account
shall be taken of the advance payment or its recovery in assessing valuations of work
done, variations, price adjustments, compensation events, or liquidated damages.

33. Secured Advance (NA)

33.1 Payment of secured Advance shall be applicable if provided in the Contract Data.
33.2 If applicable, the Engineer shall make advance payment against materials intended for
but not yet incorporated in the Works and against provision by the contractor of an
unconditional Bank Guarantee in a form and by a nationalized/ scheduled bank, in the
name as stated in the Contract Data, in amounts equal to the advance payment. The
guarantee shall remain effective until the advance payment has been adjusted, but the
amount of the guarantee shall be progressively reduced by the amounts adjusted by
the contractor.
33.3 The Amount of secured advance and conditions to be fulfilled shall be as stipulated in
the Contract Data.
33.4 The Secured Advance paid shall be recovered as stated in the Contract Data.

34. Payment Certificates

The payment to the contractor will be as follows for construction work:

47
 (a) The Contractor shall submit to the Engineer monthly statements of the value of the
work executed less the cumulative amount certified previously, supported with
detailed measurement of the items of work executed.
(b) The Engineer shall check the contractor‟s monthly statement and certify the amount
to be paid to the contractor.
(c) The value of work executed shall be determined, based on the measurements
approved by the Engineer/Engineer-in-charge.
(d) The value of work executed shall comprise the value of the quantities of the items in
the Bill of quantities completed.
(e) The value of work executed shall also include the valuation of variations and
compensation Events.
(f) All payments shall be adjusted for deductions for advance payment, security deposit,
other recoveries in terms of contract and taxes at source as applicable under the law.
(g) The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
(h) Payment of intermediate certificate shall be regarded as payments by way of advance
against the final payment and not as payments for work actually done and completed.
(i) Intermediate payment shall not be preclude the requiring of bad, unsound and
imperfect or unskilled work to be removed and taken away and reconstructed or be
considered as an admission of the due performance of the contractor any part thereof,
in any respect or the occurring of any claim.
(j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.

E. Finishing the Contract

35. Completion Certificate
35.1 A Completion Certificate in the prescribed format in contract Data shall be issued by
the Engineer-in-Charge after physical completion of the Work.
35.2 After Final payment to the contractor, a Final Completion Certificate in the prescribed
format in the Contract Data shall be issued by the Engineer-in-Charge.

36. Final Account

36.1 The Contractor Shall Supply the Engineer with a detailed account of the total amount
that the contractor considers payable for works under the contract within 21 days of
issue of certificate of physical completion of works. The Engineer shall issue a
Defects Liability Certificate and certify any payment that is due to the Contractor
within 45 days of receiving the Contractor‟s account if it is correct and complete. If
the account is not correct or complete, the Engineer shall issue within 45 days a
schedule that states the scope of the corrections or additions that are necessary, If the
Account is still unsatisfactory after it has been resubmitted, the matter shall be
referred to the Competent Authority as defined in the Contract Data, who shall decide
on the amount payable to the Contractor after hearing the Contractor and the Engineer
in charge.
36.2 In case the account is not received within 21 days of issue of Certificate of
Completion as provided in Clause 35.1 above, the Engineer shall proceed to finalise
the account and issue a payment certificate within 28 days.

F. Other Conditions of Contract

37. Currencies
All payments will be made in Indian Rupees.

38. Labour
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.

48
 38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed by
the Contractor on the Site and such other information as the Engineer may require.

39. Compliance with Labour Regulations

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

40. Audit and Technical Examination

MP Industrial Development Corporation Indore shall have the right to cause an audit and
technical examination of the works and the final bill of the contract including all supporting
vouchers , Abstract etc. to be made after payment of the final bill and if as a result of such
audit and technical examination any sum is found to have been overpaid in respect of any
work done by the contractor under the contract and found not to, have been overpaid in
respect of any work done by the contractor under the contract or any work claimed by him to
have been done under the contract and found not to, have been executed , the Contractor shall
be liable to refund the amount of overpayment and it shall be lawful for MP Industrial
Development Corporation Indore, to recover the same from him in the manner prescribed in
clause 24 above and if it is found that the Contractor was paid less than what was due to him,
under the contract in respect of any work executed by him under it, the amount of such under
payment shall be duly paid by MP Industrial Development Corporation Indore to the
Contractor.

41. Death or Permanent Invalidity of Contractor

If the Contractor is an individual or a proprietary concern, partnership concern, dies during
the currency of the contract or becomes permanently incapacitated, where the surviving
partners are only minors, the contracts shall be closed without levying any damages/
compensation as provided for in clause 28.2 of the contract agreement. However, if the
competent authority shall enter into a fresh agreement for the remaining work strictly on the
same terms and conditions under which the contract was awarded.

42. Jurisdiction
This Contract has been entered into the State of Madhya Pradesh and its validity,
construction, interpretation and legal effect shall be subjected to the courts at the place where
this agreement is entered into. No other jurisdiction shall be applicable.

[End of GCC]

49
 Contract Data

GCC
Particulars Data
Clause
1.14 Employer MP Industrial Development Corporation Ltd.,
Regional office, Indore
1.15 Engineer Junior Engineer, Assistant Engineer
1.16 Engineer-in-Charge Executive Engineer
1.22 Stipulated period of completion 12 months including rainy season
3 Language & Law of Contract English
4 Address & contact details of the As per Annexure – H
Contractor
Address & contact details of the 1st Floor, Atulya I.T. Park, Khandwa Road,
Employer/Engineer- Phone, Fax, Indore.
e-mail Phone – 0731 – 2970611, 2974363
Fax – 0731 - 2972629
E-mail – [email protected]
5 Subcontracting permitted for the No
Contract Value
6 Technical Personnel to be provided by -
the Contractor
Penalty, if required Technical -
Personnel not employed
10 Specifications As per Annexure – E
Drawings As per Annexure – N
12 Competent Authority for deciding Executive Director, MPIDC Ltd., Regional
dispute under Dispute Resolution office, Indore
System
Appellate Authority for deciding Managing Director, MPIDC Ltd., Bhopal
dispute under Dispute Resolution
System
13 Period for submission of updated Every month
construction program or
at the end of Mile stone whichever is less.
Amount to be withheld for not @ 1% (Percent) of contract amount, subject to
submitting construction program in a maximum of Rs. 50,000/-
the prescribed period
14 Competent Authority for granting Executive Director, MPIDC Ltd., Regional
Time Extension office, Indore
15 Milestones laid down for the Contract YES
If Yes, details of Milestones As per Annexure – O
Liquidated damage As per Annexure – P
17 List of equipment for lab As per Annexure – Q
Time to establish lab 15 days
Penalty for not establishing field 1% (Percent) of contract amount, subject to a
Laboratory maximum of Rs. 50,000/- per month of delay.
18 Defect Liability Period Three Months after physical completion of
work.
Note :- In accordance with clause 18.3 (GCC),
the Engineer in Charge shall intimate the
contractor about the cost assessed, for making
good the defects and if the contractor has not

50
GCC
Particulars Data
Clause
corrected defects , action for correction of
defect shall be taken by the Engineering in
Charge as below:-
(a) Deploy department labour and material
Or
(b) Engage a contractor by issuing a work order
at contract rate / SOR rate
Or
(c) Sanction supplementary work in a existing
agreement to a contractor for zonal works or
similar other work.
Or
(d) Invite open tender
Or
(e) Combination of above
21 Competent Authority for determining Executive Director, MPIDC Ltd., Regional
the rate office, Indore
27 Any other condition for breach of Yes, as below :
contract If the Contractor fails to achieve 50% Financial
progress in any Milestone and/or fails to
achieve 75% Financial progress in Two
consecutive Milestones.
28 Penalty Penalty shall include:

a. Security deposit as per clause 30 of General

Conditions of Contract and
b. Liquidated Damages imposed as per clause 15 or
Performance Security (Guarantee) including
Additional Performance Security (Guarantee), if
any, as per clause 29 of General Conditions of
Contract, whichever is higher
29 Performance guarantee (Security) shall be Three month beyond the Completion of Defect
valid up to Liability Period.
30 Security Deposit to be deducted from At the rate of 5%, will be release after defect
each running bill liability period
Maximum limit of deduction of Security Up to 5% of Final Contract Amount
Deposit
31 Price Adjustment formula and procedure NA
to calculate
31.1(1) Price adjustment shall be applicable NA
32 Mobilization and Construction Machinery NA
Advance Applicable
33 33.1 Secured Advance Applicable NA

33.2 If yes, Unconditional Bank In the format prescribed in Annexure - T

Guarantee
33.2 If yes, Amount of Secured Advance Not Applicable

33.3 If yes, Conditions for Secured a. The materials are in-accordance with the
Advance specification for works:

51
GCC
Particulars Data
Clause
b. Such materials have been delivered to site, and
are properly stored and protected against
damage or deterioration to the satisfaction of
the Engineer. The contractor shall stone the
bulk material in measurable stacks.;
c. The Contractor‟s records of the requirements,
orders, receipt and use of materials are kept in
a form approved by the Engineer and such
records shall be available for inspection by the
Engineer;
d. The contractor has submitted with his monthly
statement the estimated value of the materials
on site together with such documents as may be
required by the Engineer for the purpose of
valuation of the materials and providing
evidence of ownership and payment thereof;
e. Ownership of such materials shall be deemed
to vest in the Employer for which the
Contractor has submitted an Indemnity Bond in
an acceptable format; and
f. The quantity of materials is not excessive and
shall be used within a reasonable time as
determined by the Engineer.
33.4 If yes, Recovery of Secured advance The advance shall be repaid from each succeeding
monthly payments to the extent materials (for
which advance was previously paid) have been
incorporated into the Works.
35 Completion Certificate – after physical As per Annexure – U
completion of the work
Final Completion Certificate – after final As per Annexure – V
payment on completion of the Work
36 Competent Authority Executive Director, MPIDC Ltd., Regional
Office, Indore
39 Salient features of some of the major As per Annexure – W
labour laws that are applicable
41 Competent Authority Executive Director, MPIDC Ltd., Regional
Office, Indore

52
 ANNEXURE – N
(See clause 10 of Section 3-GCC)

Drawings
Detail Drawing can be seen in the office of the Superintendent Engineer, Atulya I.T.
Park, 1st floor, Khandwa Road, Indore (MP)

53
 ANNEXURE – O
(See clause 15 of Section 3-GCC)
Details of Milestones

Amount to be withheld
S. Description of Milestone Time allowed in days in case of non
No. (Financial) (from date of start) achievement of
milestone
1/4th of the
1 1/8th of the whole work Stipulated period of
2 3/8th of the whole work 1/2 ofcontract
the Stipulated
period of contract As per Annexure „P‟
3 3/4 th
of the whole work 3/4th of the
Stipulated period of
4 Completion of Work contract
Stipulated period of
contract

54
 ANNEXURE – P
(See clause 15 of Section 3-GCC)

Compensation for Delay

If the contractor fails to achieve the milestones, and the delay in execution of work is attributable to
the contractor, the Employer shall retain an amount from the sums payable and due to the contractor
as per following scale –

i. Slippage up to 25% in financial target during the milestone under consideration

– 2.5% of the work remained unexecuted in the related time span.

ii. Slippage exceeding 25% but Up to 50% in financial target during the milestone under
consideration
– 5% of the work remained unexecuted in the related time span.

iii. Slippage exceeding 50% but Up to 75% in financial target during the milestone under
consideration
– 7.5% of the work remained unexecuted in the related time span.

iv. Slippage exceeding 75% in financial target during the milestone under consideration
- 10% of the work remained unexecuted in the related time span.

Note: For arriving at the dates of completion of time span related to different milestones, delays
which are not attributable to the Contractor shall be considered. The slippage on any
milestone is if made good in subsequent milestones or at the time of stipulated period of
completion, the amount retained as above shall be refunded. In case the work is not
completed within the stipulated period of completion along with all such extensions which
are granted to the Contractor for either Employer‟s default of Force Majeure, the
compensation shall be levied on the contractor at the rate of 0.05% per day of delay limited to
a maximum of 10% of contract price.

The decision of Executive Director shall be final and binding upon both the parties.

55
 ANNEXURE – Q
(See clause 17 of Section 3-GCC)

List of Equipment for Quality Control Lab

As per requirement at site.

56
 Annexure – R
(See clause 31 of section 3 –ITB)

Price Adjustment

Not Applicable

The formulas for adjustment of price are as follow:

R= Value of work as defined in Clause 31.2(3) of General Conditions of Contract

Weightages* of component in the work

Percentage of
S. No. Component
component in the work
1 Cement – Pc
2 Steel - Ps
3 Bitumen - Pb
4 POL - Pt

 Weightages of various components of the work shall be determined by the component

technical sanction authority.

Adjustment for cement component

Price adjustment for increase or decrease in the cost of cement procured by the contractor
shall be paid in accordance with the following formula:

VC= 0.85 x Pc/100x R x (C1-C0)/C0

Vc= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for cement

C0 = The all India wholesale price index for Grey cement on the date of opening of Bids as
published by the Ministry of Industrial Development, Government of India, New
Delhi. (www.eaindustry.nic.in)

C1 = The all India average wholesale price index for Grey cement for the month under
consideration as published by Ministry of Industrial Development, Government of
India, New Delhi. (www.eaindustry.nic.in)

P c= Percentage of cement component of the work

Note: For the application of this clause, index of Grey Cement has been chosen to represent
Cement group.

Adjustment of steel component

Price adjustment for increase or decrease in the cost of steel procured by the Contractor shall
be paid in accordance with the following formula:

Vs= 0.85 x Ps/100 x R x (S1-S0)/S0

Vs= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for steel.
57
 S0 = The all India wholesale price index for steel (Bars and Rods) on the date of opening
of Bids as published by the Ministry of Industrial Development, Government of India,
New Delhi. (www.eaindustry.nic.in)

S1 = The all India average wholesale price index for steel (Bars and Rods) for the month
under consideration as published by Ministry of Industrial Development, New Delhi.
(www.eaindustry.nic.in)

Ps= Percentage of steel component of the work

Note: For the application of this clause, index of Bars and Rods has been chosen to represent steel
group.

Adjustment of bitumen component

Price adjustment for increase or decrease in the cost of bitumen shall be paid in accordance
with the following formula:

Vb= 0.85 x Pb/100 x R x (B1-B0) / B0

Vb= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for bitumen.

B0= The official retail price of bitumen at the IOC depot at nearest center on the date of
opening of Bids.

B1= The official retail price of bitumen of IOC depot at nearest center for the 15 th day of
the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid in
accordance with the following formula:

Vf= 0.85 x Pf/100 x R x (F1-F0) / F0

Vf= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for fuel and lubricants.

F0= The official retail price of High Speed Diesel (HSD) at the existing consumer pumps
of IOC at nearest centre on the date of opening of Bids.

F1= The official retail price of HSD at the existing consumer pumps of IOC at nearest
centre for the 15th day of month of the under consideration.

Pf= Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High Speed Diesel has been chosen to
represent fuel and lubricants group.

58
 Annexure –S
(See clause 32 of Section 3-GCC)

Bank Guarantee form for Mobilization and Construction Machinery Advance

Not Applicable

To
……………………………. (name of Employer)
……………………………. (name of Employer)
……………………………. (name of Contractor)

In accordance with the provisions of the General Conditions of Contract, clause 31

(“Mobilization and Construction Machinery Advance”) of the above-mentioned Contract
…………………………… (name and address of Contractor”) (hereinafter called “the Contractor”)
shall deposit with …………………….. (name of Employer) a bank guarantee to his proper and
faithful performance under the said Clause of the Contract in an amount of
………………………….. (amount of Guarantee)* …………………………… (in words).

We, the ……………………………… (bank of financial institution), as instructed by the

Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety
merely, the payment to …………………………… (name of Employer) on his first demand without
whatsoever right of obligation on our part and without his first claim to the Contractor, in the amount
not exceeding ………………………. (amount of guarantee)*
…………………………………………. (in words).

We further agree that no change or addition to or other modification of the terms of the
Contractor or Works to be performed there under or of any of the Contract documents which may be
made between ……………………………….. (name of Employer) and the Contractor, shall in any
way release us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until …………………… (name of Employer) receives full repayment of the
same amount from the Contractor.

Yours truly,

Signature and Seal ………………………………………

Name of Bank/Financial Institution……………………..

Address …………………………………………………

Date …………………………………………………….

59
 Annexure –T
(See clause 33 of Section 3-GCC)

Bank Guarantee form for Secured Advance

INDENTURE FOR SECURED ADVANCES

Not Applicable

This indenture made the …………………… day of …………….. 20……

BETWEEN …………………… (hereinafter called the contractor which expression shall where the
context so admits or implies be deemed to include his executors, administrators and assigns) or the
one part and the Employer of the other part.

Whereas by an agreement dated …………………. (hereinafter called the said agreement) the
contractor has agreed.

AND WHEREAS the contractor has applied to the Employer that he may be allowed
advanced on the security of materials absolutely belonging to him and brought by him to the site of
the works the subject of the said agreement for use in the construction of such of the works as he has
undertaken to executive at rates fixed for the finished work (inclusive of the cost of materials and
labour and other charges).

AND WHEREAS the Employer has agreed to advance to the Contractor the sum of Rupees
……………………………. On the security of materials the quantities and other particulars of which
are detailed in Accounts of Secured Advance attached to the Running Account Bill for the said
works signed by the Contractor on ……………… date the Employer has reserved to himself the
option of making any further advance or advances on the security of other materials brought by the
Contractor to the site of the said works.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rs. ……………………..on or before the execution of these presents
paid to the Contractor by the Employer (the receipt where of the Contractor doth hereby
acknowledge) and of such further advances (if any) as may be made to him as a for said the
Contractor doth hereby covenant and agree with the President and declare as follows:

That the said sum of Rupees …………………………… so advanced by the Employer to

(1) The Contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be
employed by the Contractor in or towards expending the execution of the said works and for
no other purpose whatsoever.

(2) That the materials details in the said account of Secured Advances which have been offered
to and accepted by the Employer as security are absolutely the Contractor‟s own propriety
and free from encumbrances of any kind and the contractor will not make any application for
or receive a further advance on the security of materials which are not absolutely his own
property and free from encumbrances of any kind and the Contractor indemnified the
Employer against all claims to any materials in respect of which an advance has be made to
him as aforesaid.

60
(3) That the materials detailed in the said account of Secured Advances and all other materials on
the security of which any further advance or advances may hereafter be made as aforesaid
(hereafter called the said materials) shall be used by the Contractor solely in the execution of
the said works in accordance with the directions of the Engineer.

(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for
the proper watch, safe custody and protection against all risks of the said materials and that
until used in construction as aforesaid the said materials shall remain at the site of the said
works in the Contractor‟s custody and on his own responsibility and shall at all times be open
to inspection by the Engineer or any officer authorized by him. In the event of the said
materials or any part thereof being stolen, destroyed or damaged or becoming deteriorated in
a greater degree than is due to reasonable use and wear thereof the Contractor will forthwith
replace the same with other materials of like quality or repair and make good the same
required by the Engineer.

(5) That the said materials shall not be removed from the site of the said works except with the
written permission of the Engineer or an officer authorized by him on that behalf.

(6) That the advances shall be repayable in full when or before the Contract receives payment
form the Employer of the price payable to him for the said works under the terms and
provisions of the said agreement. Provided that if any intermediate payments are made to the
Contractor on account of work done than on the occasion of each such payment the Employer
will be at liberty to make a recovery from the Contractor‟s bill for such payment by
deducting there from the value of the said materials than actually used in the construction and
in respect of which recovery has not been made previously, the value for this purpose being
determined in respect of each description of materials at the rates at which the amounts of the
advances made under these presents were calculated.

(7) That if the Contractor shall at any time make any default in the performance or observance in
any respect of any of the terms and provisions of the said agreement or of these presents the
total amount of the advance or advances that may still be owing of the Employer shall
immediately on the happening of such default be repayable by the Contractor to be the
Employer together with interest thereon at twelve percent per annum from the date or
respective dates of such advance or advances to the date of repayment and with all costs,
charges, damages and expenses incurred by the Employer in or for the recovery thereof or the
enforcement of this security or otherwise by reason of the default of the Contractor and the
Contractor hereby covenants and agrees with the employer to reply and pay the same
respectively to him accordingly.

(8) That the Contractor hereby charges all the said materials with the repayment to the Employer
of the said sum of Rupees.................................................and any further sum of sums
advanced as aforesaid and all costs, charges, damages and expenses payable under these
presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding
anything in the said agreement and without prejudice to the power contained therein if and
whenever the covenant for payment and repayment here-in-before contained shall become-
enforceable and the money owing shall not be paid in accordance there with the Employer
may at any time thereafter adopt all or any of the following courses as he may deem best:

(a) Seize and utilise the said materials or any part thereof in the completion of the said
works on behalf of the Contractor in accordance with the provision in that behalf
contained in the said agreement debiting the Contractor with the actual cost of
effecting such completion and the amount due to the Contractor with the value of
work done as if he had carried it out in accordance with the said agreement and at the
rates thereby provided. If the balance is against the Contractor, he is to pay same to
Employer on demand.
61
 (b) Remove and sell by public auction the seized materials or any part thereof and out of
the moneys arising from the sale retain all the sums aforesaid repayable or payable to
the Employer under these presents and pay over the surplus (if any) to the Contractor.

(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due
to the Contractor under the said agreement.

(9) That except in the event of such default on the part of the Contractor as aforesaid interest on
the said advance shall not be payable.

(10) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute or
difference arising over the construction or effect of these presents the settlement of which has
not been here-in-before expressly provide for the same shall be referred to the Employer
whose decision shall be final and the provision of the Indian Arbitration Act for the time
being in force shall apply to any such reference.

62
 Annexure – U
(See clause 35 of Section 3 –GCC)

Physical Completion Certificate

Name of Work:

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

Agreement No. ………………………………. Date ……………………………..

Amount of Contract Rs. …………………………………………………………..

Name of Agency: …………………………………………………………………..

Used MB No. ……………………………………………….

Last measurement recorded:

a. Page No. & MB No. ……………………………………………

b. Date …………………………………………………………….

Certified that the above mentioned work was physically completed on ………………………
(date) and taken over on ……………………….. (date) and that I have satisfied myself to
best of my ability that the work has been done properly.

Date of issued

Superintendent Engineer

………………………………

………………………………

63
 Annexure – V
(See clause 35 of Section 3 –GCC)

Final Completion Certificate

Name of Work:

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

Agreement No. ………………………………. Date ……………………………..

Name of Agency: …………………………………………………………………..

Used MB No. ……………………………………………….

Last measurement recorded:

a. Page No. & MB No. ……………………………………………

b. Date …………………………………………………………….

Certified that the above mentioned work was physically completed on ………………………
(date) and taken over on ……………………….. (date).

Agreemented amount Rs. ………………………

Final amount paid to contractor Rs. …………………

Incumbency of officers for the work.

I have satisfied myself to best of my ability that the work has been done properly.

Date of issue:

Superintendent Engineer
………………………………

………………………………

64
 Annexure – W
(see clause 39 of Section 3 – GCC)

Salient Features of some Major Labour Laws Applicable

a) Workmen Compensation Act 1923:- The Act provides for compensation in case of injury
by accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972:- Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed the prescribed
minimum years (say, five years) of service or more or on death the rate of prescribed
minimum days (say, 15 days) wages for every completed year of service the Act is applicable
to all establishments employing the prescribed minimum number (say, 10) or more
employees.

c) Employees P.F. and miscellaneous Provisions Act 1952:- The Ac provides for monthly
contributions by the employer plus workers at the rate prescribed (say, 10% or 8.33%). The
benefits payable under the Act are:

i. Pension or Family pension on retirement or death as the case may be.

ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to women
employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal Employer
by the law. The Principal Employer is required to take Certificate of Registration and the
Contractor is required to take license from the designated Officer. The act is applicable to the
establishments or Contractor of Principal Employer if they employ prescribed minimum (say,
20) or more contract labour.

f) Minimum Wages Act 1948:- The Employer is to pay not less than the minimum wages
fixed by appropriate Government as per provision of the Act if the employment is a
scheduled employment. Construction of buildings, roads, runways is scheduled employment.

g) Payment of Wages Act 1936:-It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979:- The Act provides for payment of equal wages for work of
equal nature to male and female workers and for not making discrimination against female
employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965:- The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of annual
bonus within the prescribed range of percentage of wages to employees drawing up to the
prescribed amount of wages, calculated in the prescribed manner. The Act does not apply to
certain establishments. The newly set-up establishments are exempted for five years in
certain circumstances. States may have different number of employment size.

j) Industrial Disputes Acct 1947:- The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal and
65
 what are the requirements for laying off or retrenching the employees or closing down the
establishment.

k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all establishments

employing prescribed minimum (say, 100 or 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the Act and
gets these certified by the designated Authority.

l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade unions
of workmen and Employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulations of employment of children in all other occupations and processes. Employment of
child labour is prohibited in building and construction industry.

n) Inter-state Migrants Workmen’s (Regulation of Employment & Condition of Service)Act

1979:- The Act is applicable to an establishment which employs prescribed minimum (say,
five) or more inter-state migrants workmen through an intermediary (who has recruited
workmen in one state for employment in the establishment situated in other state). The Inter-
State migrant workmen, in an establishment to which this act becomes applicable, are
required to be provided certain facilities such as Housing, Medical-Aid, Travelling expenses
from home up to the establishment and back etc.

o) The Building and Other Construction workers (Regulation of Employment & Condition
of Service) Act 1996:-) All the establishment who carry on any building or other
construction work and employs the prescribed minimum (say, 10) or more workers are
covered under this Act. All such establishment are required to pay cess at the rate not
exceeding 2% of the cost of construction as may be modified by the Government. The
Employer of the establishment is required to provide safety measures, such as canteens, first-
aid facilities, ambulance, housing accommodations for workers near the work place etc. The
Employer to whom the Act applies to obtain a registration certificate from the Registering
Officer appointed by the Government.

p) Factories Act 1948:- The Act lays down the procedure for approval of program before setting
up factory, health and safety provision, welfare provision, working hours, annual earn leave
and rendering information regarding accident or dangerous occurrence to designated
authorities. It is applicable to premises employing the prescribed minimum (say, 10) persons
or more with aid of power or another prescribed minimum (say, 20) or more persons without
the aid of power engaged in manufacturing process.

66
 SECTION 3
Conditions of Contract

Part – II Special Conditions of Contract (SCC)

Scope of Work
Detail survey of stop dam reservoir area for desired capacity with all cross
1.1
sectional level required for design and calculation of stop dam.
Geological investigation upto 9mts. or as per requirement of depth of
1.2
foundation, whichever is higher
1.3 Preparation DPR for capacity of 4.0 MLD.
Preparation of Design, Drawing of stop dam duly technical sanctioned by
1.4
competent authority of MPWRD & submission of tender document.
Submission of details of submerging land including private and Govt. land
1.5
along with Khasra Plan B1 etc.

Payment Break-up
S. No. Description Payment
1. After completion of Survey and submission of DPR in 3 50%
set
2. After got Technical Sanction from Competent Authority 25%
3. After approval of tender 25%

67
 SECTION 4
BILL OF QUANTITIES (BOQ)

General Description of work – Appointment of Consultant for Survey & Demarcation

(DGPS & total station survey) work in various Industrial area of MPIDC RO Indore
Probable Amount of Contract: Rs 02.00 Lakh (Rs. Two Lakh Only)

S.
Description of Item Unit Qty
No.

Survey & Demarcation (DGPS & total station survey) work in

1 Hact. 200
various Industrial area of MPIDC RO Indore

Executive Engineer

68
 SECTION 5

AGREEMENT FORM
This agreement, made on the ……………………… day of ………………… between
…………………… (name and address of Employer) (hereinafter called “the Employer”) and
…………………………………… (name and address of contractor) hereinafter called “the
Contractor” of the other part.
Whereas the Employer is desirous that the Contractor execute
…………………………………...
…………………………………….. (name and identification number of Contract) (hereinafter called
“the Works”) and the Employer has accepted the Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein, at a cost of
Rs……………………
NOW THIS AGREEMENT WITNESSED as follows:
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and they
shall be deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works as remedy any defects therein in conformity in all aspects with the
provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of works and the remedying the defects wherein Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as part of
this Agreement viz.
i. Letter of Acceptance
ii. Contractor‟s Bid
iii. Condition of Contract: General and Special
iv. Contract Data
v. Bid Data
vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of the Contract.
In witnessed whereof the parties were to have caused this Agreement to be executed
the day and year first before written.
The Common Seal of ………………………………………………….. was hereunto
affixed in the presence of:
Signed, Sealed and Delivered by the said
…………………………………………………………………....
………………………………………………………….. in the presence of:

Binding signature of Employer ……………………………………………………

Binding Signature of Contractor …………………………………………………..

69