CA NO. GE (AF)/YEL/ OF 2024-2025 SERIAL PAGE No.

89

SPECIAL CONDITIONS
1.0 GENERAL
The following Special Conditions shall be read in conjunction with the general condition
of contract IAFW-2249 and IAFW – 1779A including Errata/ Amendments thereto. If any
provision in these special conditions is at variance with that of the aforesaid documents,
the former shall be deemed to take precedence thereover.

2.0 ADMISSION TO SITE BY CONTRACTOR AND RESPONSIBILITY TO

ASCERTAIN HIS OWN INFORMATION.

(a) The tenderers shall contact the GE (AF) Yelahanka, Bangalore for the purpose
of inspection of site(s) and relevant documents other than those sent herewith, who will
give reasonable facilities for this purpose. The tenderers shall also make themselves
familiar with working conditions, accessibility of site(s), availability of materials/ labour
and other cogent condition of work under this contract.

(b) The tenderers shall be deemed to have visited the site(s) and made themselves
acquainted with working conditions, whether they actually inspected the site(s) or not.

3.0 SECURITY PASSES

3.1 Refer condition 25 of IAFW – 2249. The Contractor shall employ only Indian
Nationals as his representatives, servants and workmen and verify their antecedents
and loyalty before employing them for the works. He shall ensure that no person of
doubtful antecedents and nationality is in any way, associated with the work. If for
reason of technical collaboration or other consideration the employment of foreign
national is unavoidable, the contractor shall furnish full particulars to this effect to the
Accepting officer at the time of submission of his tender. GE shall order the contractor to
cease to employ in connection with this contract any representative, agents, servant and
workmen or employee, whose continued employment in his opinion is undesirable. The
contractor shall not be allowed any compensation on this account.

3.2 The contractor shall, on demand by the Engineer-in-Charge submit list of his
agents, employees and work people concerned and shall satisfy the Engineer-in-
Charge as to the bonafide of such people.

3.3 Verification of antecedents of Contractor’s representatives/labour deployed at

site in connection with execution of work under the contract, as per security
requirement of User unit/ installation shall be the responsibility of the contractor and all
expenses in connection with verification of antecedents by Police/Security agency shall
be borne by the contractor.

4.0 CONDITIONS FOR WORKING IN RESTRICTED AREA

The work under this contract lies in RESTRICTED AREA.

4.1 VISIT TO SITE WITHIN THE RESTRICTED AREA

Permission to enter the restricted area before submission of tenders can be obtained
through the GE. Tenderers are advised to send prior intimation of their agents,
representatives etc., if any, dates and time of their proposed visit so that necessary
arrangements may be made by GE to secure admission. Whether a tenderer visits the
site or not, he shall be deemed to have full knowledge of the conditions viz., restrictions
of entering into/exit from and working within the restricted area.
Contd…
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SPECIAL CONDITIONS (CONTD…)

4.2 ENTRY / EXIT

The contractor/his agents/representatives/workmen etc. and his materials, carts, trucks
or other means of transport etc will be allowed to enter through and leave from only
such gate or gates and at such times as the GE/ AGE or authorities in charge of the
Restricted Area may at their sole discretion permit to be used. Contractor’s authorised
representative is required to be present at the places of entry and exit for the purpose
of identifying his carts, trucks etc to the person in charge of the security of the Restricted
Area.

4.3 IDENTITY CARDS OR PASSES: The contractor, his agent and

representative are required individually to be in possession of an identity card or pass
duly verified by the Asst. Garrison Engineer. The identity card or pass will be examined
by the security staff at the time of entry into or exit from the restricted area and also at
any time or number of time inside the restricted area.

4.4 IDENTITY OF WORKMEN: Every workman shall be in possession of an

identity card. The identity card shall be issued after a thorough investigation of
antecedents of the labourers by the contractor and attested by Officer-in- charge of the
unit concerned in accordance with the standing rules and regulations of the unit.
Contractor shall be responsible for the conduct of his workmen, agents or
representatives.

4.5 SEARCH
Through search of all persons and transport shall be carried out at each gate and for as
many as a gate is used for entry or exit and may be carried out at any time or any
number of times at the work site within the Restricted area.

4.6 FEMALE SEARCHER

If the contractor desires to employ female labour on works to be carried out inside the
area of a factory, Depot, park etc, and a female searcher is not borne on the authorised
strength of the factory, Depot, park etc., at the time of submission of the tender, he shall
be deemed to have allowed in his tender for pay and allowance etc., for a female
searcher (Class – IV Servant/Gp ‘D’ Servant) calculated for the period female labour is
employed by him inside that area. If more than one contractor has/have to be employed
female searcher in addition to the authorised strength of the factory, Depot, park etc.,
the salary and allowances paid to the female searcher(s) shall be distributed on an
equitable basis between the contractors employing female labour taking into
consideration the value and period of completion of their contracts. The GE’s decision in
regard to the amount recoverable on this account from any contractor shall be final and
binding.

4.7 WORKING HOURS

4.7.1 The units controlling restricted area, usually work during six days in the week
and remain closed on the 7th day. The working hours available to contractor’s labour
and staff however, appreciably reduced because of the time taken in security, checks
observed at the time of entry, exit and during working hours.

Contd…
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4.7.2 The exact working hours, days and non-working days observed for the restricted
area, where works are to be carried out shall be deemed to have been ascertained by
the contractor before submitting his tender. The tenderers attention is invited to the fact
that the total number of working hours for a unit are prescribed in regulations and they
cannot be increased by the GE (AF), Yelahanka, Bangalore (or) authorities controlling
the restricted area. The definition of “working days” as given under Condition 1(t) of
IAFW-2249 does not apply in cases where the works are carried out in restricted areas.

4.7.3 Contractor’s materials, transport etc., shall normally be permitted to come in /go
out of the area between 9 A.M. to 5 P.M. only.

4.7.4 Contractor may also be allowed to carryout the work beyond 5 PM and upto 9AM
(day and night) with prior approval of GE but no movements of materials and transports
out of site of works shall be permitted during night unless special permission is
obtained from the factory/unit authorities.

4.8 WORK ON HOLIDAYS.

The contractor shall not carryout any work on Gazzetted Holidays/Weekly holidays and
other non-working days except when he is specially authorized in writing to do so by
the GE. The GE may at his sole discretion, declare any day as holiday or non-working
day without assigning any reasons for such declaration.

4.9 ACCESS TO RESTRICTED AREA AFTER COMPLETION OF WORKS.

After the works are completed and surplus stores etc., removed the contractor, his
agent, representative or workman etc., may not be allowed to have access to the
restricted area except for attending any rectification of defects pointed out to him by the
GE.

4.10 FIRE PRECAUTIONS. The contractor, his agents, representatives, workmen etc
shall strictly observe the order pertaining to fire precautions prevailing within the
restricted area. Motor transport vehicles, if allowed by the authorities to enter the
restricted area, must be fitted with a fire extinguisher in working condition.

5.0 MINIMUM WAGES PAYABLE: -

5.1 Refer Condition 58 of IAFW-2249. The contractor shall not pay wages lower than
minimum wages for labour as fixed by the Government of India/State Govt/Union
territory, whichever is higher.

5.2 Contractor’s attention is also drawn, amongst other things, to the ‘explanations’ to
the schedule of minimum wages referred to above.

5.3 The fair wages referred to in Condition 58 of IAFW-2249 will be deemed to be the
same as the minimum wages referred to above as updated from time to time.

5.4 Schedule of minimum wages are not enclosed along with tender documents.
However, the contractor shall be deemed to have verified the minimum fair wages
payable as on the bid submission end date.

Contd…
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SPECIAL CONDITIONS (CONTD…)

5.5 The contractor shall have no claim whatsoever, if on account of local factors and/
or regulations, he is required to pay the wages in excess of minimum wages as
described above during the execution of work.

6.0 ROYALTIES:
6.1 Reference condition 14 of General Conditions of Contracts (IAFW-2249). No
quarries on defence land are available.

7.0 LAND FOR TEMPORARY WORKSHOP STORES ETC

7.1 Delete the following from lines 5 to 9 of Sub para 1 of condition 24 of IAFW-2249 “In
the event of area of land ………. land allotted to him” and insert as under:-

7.2 “Separate land will be allotted to the contractor for the storage of materials,
temporary workshop and offices for which he shall pay the nominal rent of Rs. 1/- per year
or part of the year as mentioned in Condition 24 of IAFW-2249. The land / open space
available within vicinity of site of work as directed by GE may also be used by the
contractor for this purpose but free of charge”.

8.0 WATER
8.1 Refer Condition 31 of General Conditions of contracts IAFW – 2249 and clause 1.13 of
MES Schedule.

8.2 Water will not be supplied by the MES. The tenderers are advised to visit the
site of works to ascertain availability of water from civil sources or from nearby natural
sources outside MoD land. The contractor shall be allowed, if he so desires, to install
hand pumps, tube wells at site of work at places as approved by Engineer-in-Charge
and nothing shall be charged from the contractor. The contractor shall remove the hand
pumps, tube wells as and when asked to do so by Engineer-in-Charge/GE and in any
case on completion of the work and before issue of completion certificate, unless GE
desires that these hand pumps, tube wells be left in position and the contractor agrees
to do so without claiming cost thereof from department. No compensation whatsoever
shall be admissible to the contractor, if he is required to remove the pumps(s),
tubewells before completion of work. Use of water from such sources shall be permitted
only if found potable after testing and fit for use in the work. The water from such
sources shall be got tested by the contractor from a laboratory approved by the GE,
who shall, after satisfying himself, permit the contractor to use the water from such
sources. Testing charges shall be borne by the contractor. GE shall also carry out the
independent testing of water.

Contd…
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SPECIAL CONDITIONS (CONTD…)

9.0 CO-OPERATION WITH OTHER AGENCIES.

9.1 The contractor shall permit free access and afford normal facilities and usual
convenience to other agencies or Departmental workmen to carry out connected works
or services under separate arrangements. The contractor will not be allowed any extra
payment on this account and no compensation shall be admissible to the contractor on
this account.

10.0 ELECTRIC SUPPLY:

Electricity will be supplied by MES upto a maximum of 10KW, three phase and
230 volts. The contractor shall be charged for the electric energy consumed at the
following rates: -

(i) At Rs 21.65 per unit for lighting purposes.

(ii) At Rs 21.65 per unit for power purposes.

Electric supply required for the works shall be made available by MES at the
incoming terminal of the main switch marked on the site plan. The exact location of the
electrical point(s) will be shown by the AGE. The main switch and KWH meter to
register the electric energy supplied shall be provided and installed by MES. The
contractor shall provide all necessary connections, cables, fittings, etc., from the main
switch in order to ensure proper and suitable supply of electricity. The MES do not
guarantee for continuity of supply and no compensation whatsoever shall be allowed for
supply becoming intermittent or for breakdown in the system by any reason
whatsoever. AGE or his representatives shall be free to inspect all the power consuming
devices or any electric lines provided by contractor, which is not to the satisfaction of
the AGE shall be disconnected from the supply, if so directed by him.

11. NET WORK ANALYSIS:

11.1 The Time and Progress Chart to be prepared as per condition 11 of General
Conditions of Contracts (IAFW-2249) shall consist of detailed network analysis and a
time schedule. The critical path network will be drawn jointly by the GE and the
contractor soon after acceptance of the tender. The time scheduling of the activities will
be done by the contractor so as to finish the work within the stipulated time. On
completion, a firm calendar date schedule will be prepared and submitted by the
contractor to the GE who will approve it after due scrutiny. Four copies of the schedule
will be submitted within two weeks from the date of handing over the site.

11.2 During the currency of the work the contractor is expected to adhere to the time
schedule and this adherence will be a part of the contractor's performance under the
contract. During the execution of the work the contractor is expected to participate in
the reviews and updating of the network undertaken by the GE. These reviews may be
undertaken at the discretion of the GE either as a periodic appraisal measure or when
the quantum of work ordered on the contractor is substantially changed through
deviation orders or amendments. Any revision of the schedule as a result of the review
will be submitted by the contractor to the GE within a week who will approve it after
due scrutiny.

Contd…
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SPECIAL CONDITIONS (CONTD…)

11.3 The contractor will adhere to the revised schedule thereafter. In case of a
contractor disagreeing with the revised schedule, the same will be referred to the
Accepting Officer whose decision will be final, conclusive and binding. GE’s approval
to the revised schedule resulting in a completion date beyond the stipulated date of
completion shall not automatically amount to a grant of extension of time. Extension of
time shall be considered and decided by the appropriate authority mentioned in
condition 11 of IAFW-2249 and separately regulated.

11.4 The contractor shall mobilise and employ sufficient resources to achieve the
detailed schedule within the broad framework of the accepted methods of working and
safety. (d) No additional payment will be made to the contractor for any multiple shift
work or other incentive methods contemplated by him in his work schedule even
though the time schedule is approved by the Department.

12.0 SAMPLE OF MATERIALS

12.1 Refer condition 10 of IAFW-2249 and clause 1.6 & 1.7 of MES SSR Part I-
Specification.

12.1 Material provided by the contractor for incorporation in the works shall, unless
otherwise specified in the Particular specification be IS marked. IS means Indian
Standards as issued by the Bureau of Indian Standards. Wherever in the specifications
“IS” is referred to, it means the edition with all amendments, current on the due date of
receipt of the tender documents.

12.2 The tenderer is advised to inspect other materials which are displayed in the
Office of GE, before submitting his tender. The tenderer shall be deemed to have
inspected the samples and satisfied himself as to the nature and quality of materials, he
is required to incorporate in the work irrespective of whether he has actually inspected
them or not. The materials to be incorporated in the work by the contractor shall be IS
marked or shall be equal or superior in quality to samples displayed and shall comply
with the specifications given hereinafter.

12.3 The contractor shall produce samples of all materials, articles, fittings,
accessories etc, that he proposes to use and get these approved in writing by the
Garrison Engineer within reasonable time from the date of commencement of work as
per work order. The materials, article, etc as approved shall be labeled as such and
shall be signed by the GE and contractor’s representative. These samples shall be kept
in the custody of the Garrison Engineer / Engineer-in-Charge.

12.4. The contractor shall not procure materials unless the samples are first got
approved by the Garrison Engineer.

12.5. The brand of all materials, articles, fittings, etc approved together with the names
of the manufacturers and firms from which supplies have been arranged shall be
recorded.

Contd…
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12.5 (Contd…)
(a) A list of items / articles which are having IS certification mark and readily
available are given in Appendix “B”/List of Manufacturer. It is mandatory that ISI
certified marked items/articles as listed in Appendix “B”/ List of Manufacturer shall be
incorporated in the work. In case of any, discrepancy between list as per Appendix “B”/
List of Manufacturer and downloaded list of BIS marked items from BIS site, the
downloaded list from BIS website shall prevail subject to verification from BIS.

(b) The Govt reserves the right to get the items/articles as listed in Appendix “B”/
List of Manufacturer tested in approved laboratories. The cost of sample for testing shall
be borne by the contractor and the remaining expenses such as cost of transportation of
sample to laboratory and testing fee shall be borne by the Govt, if the test result is found
to be satisfactory. However, in the event of the test result being found unsatisfactory, the
entire cost of testing including cost of samples shall be borne by the contractor.
Government may get more than one sample of the same materials tested and the cost of
such testing shall be borne by the Government.

13. PROPRIETARY/ BRANDED MATERIAL

13.1 Proprietary/branded material such as paint, chemicals for anti-termite treatment,
bitumen, water proofing compound etc., quantity of which cannot be checked after
incorporation in the work, shall when collected at site, be recorded in measurement
book and signed both by the Engineer-in-Charge and the contractor as a check to
ensure that the required quantity has been brought at site for incorporation in the work.

13.2 Materials brought to site shall be stored as directed by the Engineer-in-Charge

and those already recorded in measurement book shall be suitably marked for
identification.

13.3 The contractor shall obtain proprietary/branded materials from manufacturers or

from manufacturer’s authorized stockiest where such authorized stockiest have been
appointed. The contractor shall, on demand, produce original receipted
vouchers/invoices of supplies to the Garrison Engineer / EIC, to ensure that the
contractor has actually brought the required quantity of the materials from the
authorized dealers/manufacturers and also to be find out the rates thereof. The original
vouchers/invoices shall be defaced and stamped by Engineer-in-Charge, indicating
contract number, name of work, under his dated signature. The contractor shall ensure
that the materials are brought to site, in original sealed containers packing bearing
manufacturers marking except in the case of the requirement of material(s) being less
than the smallest packing.

14. PERIOD FOR KEEPING THE TENDER OPEN

14.1 The tender shall remain open for acceptance for a period of 60 days from the
next day subsequent to the bid submission end date.

15. ADVANCE ON ACCOUNT OF MATERIALS WHICH DOES NOT LOSE

IDENTITY
15.1 The contractor may be paid advance on account of the full value of the under
mentioned materials only, brought on the site on his furnishing guarantee bonds from
scheduled bank for the amount of retention money which should otherwise be
recoverable from him under this contract.
Contd…
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SPECIAL CONDITIONS (CONTD…)

(a) Factory made steel windows / ventilators.

(b) Electrical fittings / fixtures / cables / wires.
(c) Steel for reinforcement.
(d) Any other non-perishable materials as decided by GE

15.2 The Bank Guarantee Bonds shall be executed for a period and on a form as
directed by the Accepting officer. The contractor shall further arrange to extend the
period of Guarantee Bond, if and when necessary, as directed by Accepting officer or
shall furnish fresh Guarantee Bond of similar value in lieu.

15.3 It will be noted that advance on account to the full value of materials brought on
the site is permissible only in respect of fittings and fixtures and other manufactured
items which do not lose their identity. Materials like bricks, aggregate pre-cast concrete
and similar items shall not be taken in the list.

16 SECURITY OF CLASSIFIED DOCUMENTS

16.1 Contractor’s special attention is drawn to conditions 2A and 3 of IAFW-2249
(General conditions of Contracts). The contractor shall not communicate any classified
information regarding work either to subcontractors or others without the prior
approval of the Engineer-in-Charge. The contractor shall also not make copies of the
design / drawings and other documents furnished to him in respect of the work and
shall return all documents on completion of the work or on earlier determination of the
contract. The contractor shall along with the final bill, attach a receipt from the
Engineer-in-Charge in respect of his having returned the classified documents as per
condition 3 of IAFW-2249 (General Conditions of Contract).

17 OFFICIAL SECRETS ACT

17.1 The contractor shall be bound by the official secrets Act – 1923.

18. RECORD OF MATERIALS AND PURCHASE VOUCHERS

18.1 The quantity of materials such as cement, steel, paints, water proofing compound,
chemicals for anti-termite treatment and the like, as directed by the Engineer-in-Charge
(the quantity of which cannot be checked after incorporation in works) shall be
recorded in measurement books and signed by the contractor and the Engineer-in-
Charge as a check to ensure that the required quantity has been brought to site for
incorporation in the work.

18.2 Materials brought to site shall be stored as directed by the Engineer-in-Charge

and those already recorded in Measurement Book shall be suitably marked for
identification.

18.3 Refer Condition 10 OF IAFW-2249, The contractor shall, on demand, produce to

the GE, original receipted paid vouchers in respect of the supplies. The paid vouchers
so produced shall be verified, defaced and stamped by Engineer-in-Charge indicating
contract number name of work under his dated signature. The contractor shall ensure
that the materials are brought to site, in original sealed containers/ packing, bearing
manufacturer’s marking except in the case of the requirement of material (s) being less
than smallest packing.
Contd…
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SPECIAL CONDITIONS (CONTD…)

18.4 Contractor shall produce paid vouchers /original receipted voucher as stipulated
in Condition 10 OF IAFW-2249. Contractor shall produce paid vouchers /original
receipted voucher from the manufacturers and / or their authorized agents for the full
quantity of the following materials mandatorily, as applicable as a prerequisite before
submitting claims for payment for advance on account of the work done and / or
materials collected in accordance with condition 64 of General Conditions of contracts
IAFW-2249. Contractor shall submit original receipted voucher of other materials also if
demanded by the Engineer in charge / GE: -

(a) Cement
(b) Steel
(c) Pump sets/valves/flameproof LED light fittings/LED light fitting
(d) Exhaust fans/Wall mounted Fans/WPT Chemicals/Pipes and fittings
(e) Any other materials as decided by Engineer-in- Charge.
19 ACCEPTANCE QUALITY OF WORK AND FINISHES
(i) To determine the acceptable standard of materials and workmanship / final
finishes and layout of fittings etc., the contractor shall execute stages of work viz.,
excavation, foundation concrete, walling upto plinth / lintel / roof levels, roofing,
flooring, joinery, built-in-items, finishes and the like and services i.e., internal
electrification etc under the close supervision of Engineer-in-charge and shall be
labeled as sample room. The workmanship of various trades and finishes of the
sample room shall serve as guiding sample for the remaining portion.

(ii) Approval of the stages and workmanship of sample room shall be separately
entered and approved in stage passing register giving reference to sample room for
easy identification even at a later date.

20. CONTRACTOR’S PLANT / EQUIPMENT AT SITE

20.1 The contractor shall furnish to the Engineer-in-Charge every morning distribution
return of his plants / equipment’s on the site of work stating the following particulars: -

(i) Particulars of plants / equipments, their make, manufacturer’s model No. if

any, Registration No., if any, capacity, year of manufacture and year of purchase.
(ii) Total No. (Quantity) on site of work.
(iii) Location indicating No. (Quantity) at each location on the site of work.
(iv) For the purpose of this condition, purchase value on the date of purchase for
plant/ equipment and vehicle No. of trucks and lorries shall be furnished.
However, neither the workman’s tools nor manually operated tools / equipment
shall be given. The Engineer-in-Charge shall record the particulars supplied by
the contractor in the works dairy and send the return to the GE/ AGE (I) for
record in his office.

Contd…
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SPECIAL CONDITIONS (CONTD…)

21 CLEANING DOWN

21.1 Refer condition 49 of IAFW-2249 General Conditions of contracts.

22.2 The contractor shall clean all floors, walls, remove cement/ lime / paint marks /
drops etc., clean the joinery, glass panes etc., touch up all other necessary items of
work in connection therewith and leave the whole premises clean and tidy before
handing over the buildings.

22 DAMAGE TO EXISTING STRUCTURES

22.1 Any damage to the existing structures, any existing road etc., during the
execution of work shall be made good by the contractor at his own expense.
Rectification, replacement, making good and touching up etc shall be carried out,
conforming to the materials and workmanship originally provided and to the satisfaction
of the Engineer-in-Charge. In case of any dispute on this account the decision of the GE
shall be final, binding and conclusive.

23 RECORD OF CONSUMPTION OF CEMENT

23.1 For the purpose of keeping the record of cement consumed in the works. The
contractor shall maintain a pucca bound register with serially numbered pages initialed
by the Engineer-in-Charge, showing quantity of cement received used in the work and
balance at the end of each day. The register shall be signed daily by representative of
MES and the contractor in token of verification of its correctness and will be checked by
Engineer-in- Charge, at-least once a week and on the days cement is brought to site by
the Contractor.

23.2 The aforesaid provision will not, however absolve the contractor of his
responsibility to justify the consumption of cement at the time of finalization of his
account.

23.3 The register shall be kept at site in the safe custody of the contractors
representative during the progress of the work and shall on demand, be produced for
verification to the Inspecting Officer(s).

23.4 On completion of the work, the contractor shall deposit the cement register with
the Engineer in charge for record with MES.

24. CONCILIATION

24.1 SCOPE OF CONCILIATION. The scope of conciliation shall be restricted to the

following types of disputes with financial limits as indicated therein: -
(a) Disputes relating to levy of compensation for delay in completion-actual amount
of compensation.
(b) Disputes relating to technical examination of works.
(c) Disputes relating to interpretation of the provisions of the contract with reference
to their application to parties.
(d) Disputes relating to non-return of Schedule ‘B’ stores over-issued to the
contractor.
(e) Any other dispute having fair chances of being resolved by conciliation and
considered fit to be referred to conciliation by the parties.
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SPECIAL CONDITIONS (CONTD…)

For item (b), (c), (d) and (e) as stated above, the financial limit shall be rupees two
Lakhs or one percent of the contract amount whichever is less for each item.

24.2 COMMENCEMENT OF CONCILIATION PROCEEDINGS.

(a) The party initiating conciliation shall send to the other party a written invitation
to conciliate, briefly identifying the subject of the dispute.

(b) Conciliation proceedings shall commence when the other party accepts in
writing the invitation to conciliate.

(c) If the other party rejects the invitation, there will be no conciliation proceedings.
If the party initiating conciliation does not receive a reply within 30 days from the date
on which he sends or within such other periods of time as specified in the invitation, he
may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he
shall inform in writing the other party accordingly.

24.3 NUMBER OF CONCILIATORS.

24.3.1 There shall be a Sole Conciliator.

24.4 APPOINTMENT OF CONCILIATOR: All disputes brought out in Para 1 (a) to

(e) above shall be referred to the Sole Conciliator viz. Serving officer not below the rank
of Superintending Engineer/ Superintending Engineer (QS&C) having degree in
engineering or equivalent or having passed final/direct final examination of Sub
Division II of Institution of Surveyors (India) to be appointed by the Engineer-in-Chief,
Army Headquarters, New Delhi or in his absence the officer officiating as Engineer-in-
Chief or Director General of Works if specifically delegated by the Engineer-in-Chief in
writing.

24.5 STATUS OF EFFECT OF SETTLEMENT AGREEMENT: The settlement

agreement signed by the parties as a result of conciliation proceedings shall have the
same status and effect as an arbitral award on agreed terms.

25 CONSTRUCTION LABOUR WELFARE TAX

25.1 Consequent upon promulgation of ordinance by the President of India, Contractors
shall be liable to pay this element for construction labour welfare tax if any and quoted rates
shall be deemed to be inclusive of this element, and no extra payment shall be admissible
to the contractor on this account.

26. RE-IMBURSEMENT/ REFUND ON VARIATION IN “TAXES DIRECTLY

RELATED TO CONTRACT VALUE”

(a) The rates quoted by the Contractor shall be deemed to be inclusive of all taxes
(including GST on materials, GST on Works Contracts, Labour welfare cess/tax etc.),
duties, Royalties, Octroi & other levies payable under the respective statutes. No
reimbursement/refund for variation in rates of taxes, duties, Royalties, Octroi & other
levies and/or imposition/abolition of any new/existing taxes, duties, Royalties, Octroi &
other levies shall be made except as provided in sub para (b) here-in-below.
Contd…
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(b) (i) The taxes which are levied by Government at certain percentage rates of
Contract Sum/Amount shall be termed as “taxes directly related to Contract value” such
as GST on materials, GST on Works Contracts, Labour welfare cess/tax and the like but
excluding Income tax. The tendered rates shall be deemed to be inclusive of all “taxes
directly related to Contract value” with existing percentage rates prevailing on the bid
submission end date. Any increase in percentage rates of “taxes directly related to
Contract value” with reference to prevailing rates on the bid submission end date shall
be reimbursed to the Contractor and any decrease in percentage rates of “taxes
directly related to Contract value” with reference to prevailing rates on the bid
submission end date shall be refunded by the Contractor to the Govt/deducted by the
Government from any payments due to the Contractor. Similarly, imposition of any new
“taxes directly related to Contract value” after the bid submission end date shall be
reimbursed to the contractor and abolition of any “taxes directly related to Contract
value” prevailing on the bid submission end date shall be refunded by the Contractor to
the Govt/deducted by the Government from the payments due to the Contractor.

(ii) The Contractor shall within a reasonable time of his becoming aware of variation
in percentage rates and/or imposition of any further “taxes directly related to Contract
value” give written notice thereof to the GE stating that the same is given pursuant to
this Special Condition, together with all information relating thereto which he may be in
a position to supply. The Contractors shall also submit documentary proof/information
as the GE may require.

(iii) The Contractor shall, for the purpose of this condition, keep such books of
account and other documents as are necessary and shall allow inspection of the same by
a duly authorized representative of Government, and shall further, at the request of the
GE furnish, verified in such a manner as the GE may require any documents so kept and
such other information as the GE may require.

(iv) Reimbursement for increase in percentage rates/imposition of “taxes directly

related to Contract value” shall be made only if Contractor necessarily and properly
pays additional “taxes directly related to contract value” to the Government, without
getting the same adjusted against any other tax liability or without getting the same
refunded from the concerned Government Authority and submits documentary proof for
the same as the GE may require.

(c) Any tender which proposes any alteration to the above condition and/or
which proposes the element of GST separately over and above the quoted lump
sum/unit price will be treated as conditional tender and is liable for rejection.

SIGNATURE OF CONTRACTOR AGE (CONTRACTS)

Dated: FOR ACCEPTING OFFICER