GOVERNMENT OF JAMMU & KASHMIR

JAL SHAKTI DEPARTMENT

(I&FC KASHMIR)

STANDARD BIDDING DOCUMENT

(National Competitive Bidding)
For
Name of Work:
a) Construction of toe wall with stone pitching on LP Bund of River Jhelum at Dangerpora RD
94.000 -94.250 KM (L= 250 Mtrs), LP Bund of River Jhelum U/S Shadipora Bridge RD 96.848-
97.000 KM, LP Bund of River Jhelum Wangipora Opposite Grid Station RD 101.700-101.820
KM, RP Bund of River Jhelum at RD 95.680-95.800 KM (Length = 120 Mtrs).
b) Construction of toe wall with stone pitching on LP Bund of River Jhelum (D/S Hajin Bridge RD
114.330-114.400 KM, Khumina RD 108.740 KM, Baharabad RD 109.400-109.472 KM, D/S
Hajin Bridge RD 114.265-114.300 KM ), RP Bund of River Jhelum (Checki Chandergeer RD
114.810-114.912 KM, Checki S.K Bala RD 115.660-115.730), & on Paribal Nallah RD 3.930-
4.030 KM.
c) Slope Stabilisation by revetment with Geo Materials on R/S of River Jhelum (Galibal U/S
Sadunara RD 116.900-117.027 KM, D/S Sadunara RD 117.600-117.725 KM, Zoonipora
Hakabara RD 110.600-110.720 KM) and L/S of River Jhelum (Baharabad RD 109.400-
110.200 KM, Ladipora RD 119.700-119.820 KM, at Dagga Mohalla RD 96.320 -96.380 KM
(Length = 60 Mtrs), at Sumbal Market RD 103.250-103.310 KM (Length = 60 Mtrs),
d) Construction of Spurs on L/S of River Jhelum at RD 108.22 and RD 109.00 KM..

Under
Comprehensive Flood Management Programme of
River Jhelum & its tributaries Phase-II (PART – A)

District: Bandipora, Jammu & Kashmir(193501)

Bid Inviting Officer: Executive Engineer Irri & Flood Control Division
Sumbal

Bid Receiving Officer: Chief Engineer, I&FC Kashmir, Rajbagh Srinagar

Executing Agency: Jal Shakti Department, I&FC Kashmir

Phone/ Fax: 0194-2311085
Email: [email protected]
[email protected]

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 GOVERNMENTOFJAMMU&KASHMIR
OFFICE OF THE EXECUTIVE ENGINEER IRRIGATION AND FLOOD
CONTROL DIVISION SUMBAL (193101)
Invitation for Bids (Notice Inviting Tenders)
e- NIT No. IFCDB/ 05 of 2024-25 Dated: 16/08/2024.

For and on behalf of the Lt. Governor, J&K State, e-tenders (in two cover system)
are invited on Percentage Rate basis from approved and eligible bidders as defined in the
SBD for the following works: -
S. No. Title Details
01. Name of the Work A) Construction of toe wall with stone
pitching on LP Bund of River Jhelum at
Dangerpora RD 94.000 -94.250 KM (L=
250 Mtrs), LP Bund of River Jhelum U/S
Shadipora Bridge RD 96.848-97.000 KM,
LP Bund of River Jhelum Wangipora
Opposite Grid Station RD 101.700-
101.820 KM, RP Bund of River Jhelum at
RD 95.680-95.800 KM (Length = 120
Mtrs).
B) Construction of toe wall with stone
pitching on LP Bund of River Jhelum (D/S
Hajin Bridge RD 114.330-114.400 KM,
Khumina RD 108.740 KM, Baharabad RD
109.400-109.472 KM, D/S Hajin Bridge
RD 114.265-114.300 KM ), RP Bund of
River Jhelum (Checki Chandergeer RD
114.810-114.912 KM, Checki S.K Bala RD
115.660-115.730), & on Paribal Nallah RD
3.930-4.030 KM.
C) Slope Stabilisation by revetment with Geo
Materials on R/S of River Jhelum (Galibal
U/S Sadunara RD 116.900-117.027 KM,
D/S Sadunara RD 117.600-117.725 KM,
Zoonipora Hakabara RD 110.600-110.720
KM) and L/S of River Jhelum (Baharabad
RD 109.400-110.200 KM, Ladipora RD
119.700-119.820 KM, at Dagga Mohalla
RD 96.320 -96.380 KM (Length = 60
Mtrs), at Sumbal Market RD 103.250-
103.310 KM (Length = 60 Mtrs),
D) Construction of Spurs on L/S of River
Jhelum at RD 108.22 and RD 109.00 KM.
02. Source of Funds /Scheme Code Central Assistance under “Flood
Management” component of the “Flood
Management and Border Areas Programme
(FMBAP)” (JK-2101)
03. Estimated Cost ₹14,0000000/=
04. Position of Administrative Approval Accorded vide Govt. order No. 149-JK
(JSD) of 2022 Dated: 14.07.2022 issued
under endstt. No. PHE-PS02/3/2020-PLG-
PHE-Part-I Dated: 14.07.2022

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05. Position of Technical Sanction Sanctioned vide Chief Engineer Kmr.
Irrigation & F C Department Srinagar‟s order
No. 44-DB of 2024-25 dt.06.08.2024

06. Position of Funds Assured (Budgetary Provision for 2024-25)

07. Period of Completion 18 Working months

08. Cost of Tender Document ₹5000/- in the form of Treasury Challan/ Treasury
Receipt for bidders of UT J&K and for U.T.
outside bidders may formulate DD/ Banker's
cheque from any Scheduled bank in favour of
Executive Engineer Irrigation and Flood Control
Division Sumbal.
(Copy shall be uploaded online)
09. Website/portal address https:// jktenders.gov.in

10. Earnest Money Deposit (in Lakhs) ₹28,00000/-

11. Selection Criteria /Eligibility Criteria As defined in SBD of this work

12. Period of Tender Validity The Tender shall remain valid for 120 days
after the bid submission end date.

13. Critical Dates

a) Publishing date and time of tender
amendments documents 16.08.2024 at 1600 Hrs.

b) Starting date & time for downloading of

tender documents 17.08.2024 at 10:00 A.M

c) Pre-bid meeting, Site Visit 27.08.2024 at 12:00 Noon in

and
Clarification to Tender documents
the office of the Chief Engineer
Kmr; I & F.C. Deptt Rajbagh
Srinagar
d) Starting date and time of bid submission 17.08.2024 at 1300 Hrs.
(CoverNo.1to2)
e) Closing date and time of bid submission 06 .09.2024 upto 16:30 Hrs.
(Cover No.1 to 2)
f) Date and time of bid opening 07.09.2024 at 12:00 Noon
(Cover No.1)
g) Date and time of bid opening Will be intimated online after completion of
(CoverNo.2) evaluation of Technical Cover (Cover-I)

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 1. A pre-bid meeting will be held to clarify issues and to answer questions on any matter that
may be raised at that stage by the bidders.
2. Prospective Bidders within UT of J&K shall submit the tender Document Fee (Non-
Refundable/ Non- Transferrable) in the shape of e-Challan/Treasury Challan/ Treasury
Receipt pledged in favour of Executive Engineer Irrigation and Flood Control Division
Sumbal to be deposited under MH-0702-Rev. Misc.While as the bidders outside UT shall
submit the same in the form of Demand Draft pledged to Executive Engineer, Irrigation &
Flood Control Division Sumbal.
3. (Earnest money /Bid Security in shape of CDR/FDR/BG pledged to the Chief Engineer,
I&FC Kashmir Payable at Srinagar. The Bank Guarantee should be valid for 45 days
beyond bid validity.
4. Furnishing of hard copies of bids immediately after submission of e-tenders is dispensed
with. The same should be obtained only from the bidder who is declared as L1 after
opening of financial bids as per Finance Department O.M. No. A/24(2017)-651 Dt: 07-06-
2018.
5. The Contractor shall have to arrange all the key construction material for successful
completion of the work. No Departmental store shall be issued.
6. Further details can be seen in bidding document available on website www.jktenders.gov.in
7. Conditional bids and the bids not meeting the qualifying criteria shall be summarily
rejected.
8. The authority reserves the right to cancel any or all bids without assigning any reason.
9. Subsequent Corrigendum/Addendum if any shall be published on above website.
Sd/-
No: I&FCD/Sbl/e-NIT/971-85 Executive Engineer,
Dated: 16.08.2024 Irrigation & FC Division,
Sumbal.
Copy to the: -
1. Advisor (B) to Hon‟ble Lt.Governor J&K State for his information.
2. Financial Commissioner (ACS) Jal Shakti Department for information please.
3. Divisional Commissioner Kashmir for information.
4. Engineer in Chief, Civil Secretariat Srinagar for information.
5. Chief Engineer Irrigation and Flood Control Department, Kashmir for information.
6. Chief Engineer, Design,Inspection & Quality Control J&K for information.
7. Chief Engineer, R &B Kashmirfor information.
8. Chief Engineer, PHE Kashmir for information.
9. Chief Engineer Srinagar Smart City Limited for favour of information please.

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10. District Development Commissioner Bandipora for information.
11. Director Information Department, Jammu/Srinagar for information. He is requested to get
the e-NIT published in two leading National & local dailies before its due date for two
days.
12. Superintending Engineer, Hydraulic Circle, Sumbal/ Bandipora HQ: Sopore for
information.
13. Executive Engineer, __________________________________ for information.
14. Private Secretary to Chief Secretary, UT of J&K for information of Chief Secretary
15. Private Secretary to Secretary, Planning & Dev. Department, UT of J&K for information
of Secretary
16. Assistant Executive Engineer, Flood Control Sub-Division.
17. Assistant Executive Engineer, Irrigation Sub- Division ……………….
18-20. AAO/ HD/ HA, Divisional Office for information.
21. Notice Board.

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 SECTION–1
INSTRUCTION TO BIDDERS (ITB)
Table of Clauses

A.General ............................................................................................................................................
1. Scope of Bid....................................................................................................................................
2. Source of Funds..............................................................................................................................
3. Fraud and Corruption ......................................................................................................................
4. Eligible Bidders ...............................................................................................................................
5. Eligible Materials, Equipment and Services .............................................................................................
B. Contents of Bidding Documents ............................................................................................
6. Sections of Bidding Document ........................................................................................................
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .......................................................
8. Amendment of Bidding Document ..................................................................................................
C. Preparation of Bids................................................................................................................
9. Cost of Bidding................................................................................................................................
10. Language of Bid ..............................................................................................................................
11. Documents Comprising the Bid ......................................................................................................
12. Letters of Bid, and Schedules .........................................................................................................
13. Bid Prices and Discounts ................................................................................................................
14. Currencies of Bid and Payment ......................................................................................................
15. Documents Comprising the Technical Proposal .............................................................................
16. Documents Establishing the Qualifications of the Bidder ...............................................................
17. Period of Validity of Bids .................................................................................................................
18. Bid Security .....................................................................................................................................
19. Format and Signing of Bid ..............................................................................................................
D. Submission and Opening of Bids .................................................................................................
20. Submission of Bids .........................................................................................................................
21. Deadline for Submission of Bids .....................................................................................................
22. Late Bids .........................................................................................................................................
23. Withdrawal, Substitution, and Modification of Bids .........................................................................
24. Bid Opening ....................................................................................................................................
E. Evaluation and Comparison of Bids......................................................................................
25. Confidentiality .................................................................................................................................
26. Clarification of Bids .........................................................................................................................
27. Deviations, Reservations, and Omissions ......................................................................................
28. Preliminary Examination of Technical Bids .....................................................................................
29. Responsiveness of Technical Bid ...................................................................................................
30. Non-conformities, Errors, and Omissions .......................................................................................
31. Qualification of the Bidder ...............................................................................................................
32. Correction of Arithmetical Errors .....................................................................................................
33. Abnormally Low Bids ......................................................................................................................
34. Negotiation of Bids ..........................................................................................................................
35. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .....................................................

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F. Award of Contract… ........................................................................................................
36. Award Criteria..............................................................................................................................................
37. Notification of Award .......................................................................................................................
38. Signing of Contract .........................................................................................................................
39. Performance Security .....................................................................................................................
40. Advance Payment & Security .........................................................................................................

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A. GENERAL
1. Scope of Bid

1.1 The employer as indicated in bid data Sheet (BDS) invites bids for construction of works
(as defined in this document referred to as “the works” detailed in table given in NIT. The
successful bidder will be expected to complete the works by the intended date specified
in the NIT / Contract Data (Section 4 of this document).

1.2 Throughout these bidding documents, the terms „bid‟ and „tender‟ and their derivatives
(bidder/tenderer, bidding/tendering, etc.) are synonymous.
1.3 The submission of a bid by a bidder shall be deemed to imply and taken as indicating
that he has read, understood, and abided by the conditions stated therein and the GCC,
Special Conditions of Contract, Specifications of work and other conditions as annexed
to this Standard Bidding Document (SBD).

2. Source of Funds

The expenditure on this work will be met from the funds under the project
“Comprehensive Flood Management of River Jhelum and Its Tributaries-Phase II
(Part -A)”.

3. Fraud and Corruption

3.1 It is required that the bidders observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, it is defined, for
the purposes of this provision, the terms set forth below as follows:
a. “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value
to influence the action of a public official in the procurement process or incontract
execution; and
b. “Fraudulent practice” means a misrepresentation of facts in order to influence a
Procurement process or the execution of a contract to the detriment of the Employer and
includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non‐competitive levels and to deprive the Government of
the benefits of free and open competition.
c. “Collusive practice” is an arrangement between two or more parties11 designed to
achieve an improper purpose, including to influence improperly the actions of another
party;

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d. “Coercive practice” is 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
party12.
3.2 The Employer will reject a proposal for evaluation, and/or award if it determines that the
Bidder recommended for award has engaged in any of the corrupt or fraudulent practices
in competing for the contract in question and will declare the firm ineligible, either
indefinitely or for a stated period of time, to be awarded a contract, if it at any time
determines that the firm has engaged in corrupt or fraudulent practices in competing for,
or in executing the contract.
3.3 Furthermore, Bidders may be aware of the provision stated in Clause 61 of the
Conditions of Contract.
4. Eligible Bidders
(a) All eligible bidders meeting the eligibility criteria as defined in section3 of SBD can
participate in the tender. The applicant should be a private or government-owned legal
entity or under an existing agreement in the form of a Joint Venture (JV). In
the case of a JV:
(b) all partners shall be jointly and severally liable, and
(c) the JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV during the bidding process
and, in the event the JV is awarded the Contract, during contract execution.
(d) The maximum No. of partners allowed in JV for this work shall be two.
4.1 A Bidder, and all parties constituting the Bidder, shall have the nationality of India.
4.2 Government of Jammu and Kashmir considers a conflict of interest to be a situation in
which a party has interests that could improperly influence that party‟s performance of
official duties or responsibilities, contractual obligations, or compliance with applicable
laws and regulations, and that such conflict of interest may contribute to or constitute a
prohibited practice. Government of J&K will take appropriate actions, which include not
financing the contract, if it determines that a conflict of interest has flawed the integrity
of any procurement process. Consequently, all Bidders found to have a conflict of interest
shall be disqualified. A Bidder may be considered to be in a conflict of interest with one
or more parties in this bidding process if, including but not limited to:
(a) They have controlling shareholders in common; or
(b) They receive or have received any direct or in direct subsidy from any of them; or

(c) They have the same legal representative for purposes of this bid; or
(d) They have a relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the Bid of

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 another Bidder, or influence the decisions of the Employer regarding this bidding
process; or
(e) a Bidder participates in more than one bid in this bidding process. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids in which the-
party is involved. However, this does not limit the inclusion of the same sub=contractor,
not otherwise participating as a Bidder, in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of the design or technical
specifications of the contract that is the subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is proposed to be
hired) by the Employer as Engineer for the contract
4.3 A bidder shall not be eligible to participate in any procurement activities under a
Government-financed project while under sanction imposed by Government of J&K. Bid
from a sanctioned bidder will be rejected.
4.4 Government-owned enterprises shall be eligible only if they can establish that they
are legally and financially autonomous and operate under commercial law, and that they
are not a dependent agency of the Employer.
4.5 Bidders shall provide such evidence of their continue deligibility satisfactory to the
Employer, as the Employer shall reasonably request.
5. Eligible Material, Equipment and Services
5.1 All participating Bidders are required to register in the e-procurement portal. The Bidder
intending to participate in the bid is required to register in the portal using his/her active
personal/official e-mail ID as his/her Login ID and attach his/her valid Digital Signature
Certificate (DSC) to his/her unique Login ID. He / She have to submit the relevant
information as asked for about the firm/contractor.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the services are
provided. Materials and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a commercially
recognized product results that differs substantially in its basic characteristics or in
purpose or utility from its components.

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B. BIDDING DOCUMENTS
6. Content of Bidding Documents;
6.1 The Bidding Document consist of Parts I, II, and III, which include all the Sections
indicated below, and should be read in conjunction with any Addenda issued in
accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
PART II Requirements
Section 5 – Scope of Work & Technical Specifications
PART III Conditions of Contract and Contract Forms
Section 6 - General Conditions (GCC)
Section 7 - Particular Conditions (PCC)
Section 8 - Contract Forms (COF)
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding Document and their
Addenda, if they were not obtained directly from the source stated by the Employer in the
Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the
Bidding Document. Failure to furnish all information or documentation required by the
Bidding Document may result in their rejection of the bid
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
7.1 A prospective Bidder requiring any clarification of the Bidding Document shall contact
the Employer in writing at the Employer‟s address indicated in the BDS or raise his
inquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The
Employer will respond in writing to any request for clarification, provided that such
request is received no later than ten (10) days prior to the deadline for submission of bids.
The Employer shall forward copies of its response to all Bidders who have acquired the
Bidding Document in accordance with ITB 6.3, including a description of the inquiry but
without identifying its source. Should the Employer deem it necessary to amend the
Bidding Document as a result of a request for clarification, it shall do so following the
procedure under ITB 8 and ITB 21.2.

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7.2 The Bidder is advised to visit and examine the Site of Works and its surroundings and
obtain for itself, on its own risk and responsibility, all information that may be necessary
for preparing the bid and entering into a contract for construction of the Works. The costs
of visiting them Site shall be at the Bidder‟s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder‟s designated representative is invited to attend a pre-bid meeting, if provided
for in the BDS. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any questions inwriting, to reach the
Employer not later than three days before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised, without
identifying the source, and the responses given, together with any responses prepared
after the meeting, will be transmitted promptly through the tender portal
www.jktenders.gov.in to all Bidders who have acquired the Bidding Document in
accordance with ITB 6.3. Any modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the Employer exclusively
through the issue of an addendum pursuant to ITB 8 and not through the minutes of the
pre-bid meeting.
7.7 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.
8. Amendment of Bidding Document
8.1 At any time prior to the deadline for submission of bids, the Employer may amend the
Bidding Document by issuing addenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be communicated
in writing to all the bidders through the tender portal www.jktenders.gov.in who have
obtained the Bidding Document from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 21.2.

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 C. PREPARATION OF BIDS
9. Cost of Bidding
9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid,
and the Employer shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.
10. Language of Bid
10.1 All documents relating to the bid shall be in the English language
11. Documents Comprising the Bid
11.1 The Bid shall comprise two envelopes submitted simultaneously online on the e-
procurement portal www.jktenders.gov.in in accordance with ITB 21.1, one called the
Technical Bid containing the documents listed in ITB 11.2 and the other the Price Bid
containing the documents listed in ITB 11.3.
11.2 The uploaded Technical Bid shall comprise the following:

(a) Scanned Copy of Cost of Tender Document fee as per e-NIT/SBD.

(b) Scanned Copy of Earnest Money for requisite amount in the form of CDR/FDR/Bank
Guarantee as defined in e-NIT/SBD.
(c) GST Registration Certificate of the bidder or both the bidders in case of JV/latest GST
Returns (GSTR-3B) Monthly/quarterly & relevant PAN to be uploaded.
(d) Valid registered card with J&K UT Govt. CPWD, Railways and other State/Central
Government Departments.
(e) Letter of Technical Bid;
(f) Bid Security, in accordance with ITB 18;
(g) Bid Validity
(h) written confirmation authorizing the signatory of the Bid to commit the Bidder, in
accordance with ITB 19.2;
(i) documentary evidence in accordance with ITB 16 establishing the Bidder‟s qualifications
to perform the contract;
(j) Any other document required in the BDS.

11.3 The Price Bid shall comprise the following:

(a) Uploaded BOQ with rates filled in by the bidder for all items in item rate contract or the
percentage quoted above or below for the advertised contract price.

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(b) Completed Price Schedules (if any), in accordance with ITB 12 and 13, or as stipulated
in the BDS;

(c) Any other document required in the BDS.

11.4 In addition to the requirements under ITB 11.2, bids submitted by a JV shall include a
copy of the Joint Venture Agreement entered into by all partners. Alternatively, a Letter
of Intent to execute a Joint Venture Agreement in the event of a successful bid shall be
signed by all partners and submitted with the bid, together with a copy of the proposed
agreement.
12. Letters of Bids and Schedules
12.1 The Letters of Technical Bid and the Schedules, and all documents listed under ITB 11,
shall be prepared using the relevant forms furnished in Section 4 (Bidding Forms). The
forms must be completed without any alterations to the text, and no substitutes shall be
accepted. All blank spaces shall be filled in with the information requested.
13. Letters of Bids and Schedules

13.1 The Bidder shall submit a bid for the whole of the works described in ITB 1.1 by filling
in prices for all items of the Works in the BOQ provided for the work and upload the
same. In case of item rate contracts, the Bidder shall fill in rates and prices (includes all
taxes i.e., GST, Income tax and labour cess etc) in words and figures for all items of the
Works described in the Bill of Quantities. Items against which no rate or price is entered
by the Bidder will not be paid for by the Employer when executed and shall be deemed
covered by the rates for other items and prices in the Bill of Quantities.

13.2 Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted
by the Bidder shall be fixed.

13.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or for
any other cause, as of the date 28 days prior to the deadline for submission of bids, shall
be included in the rates and prices and the total Bid Price shall be determined by the BOQ
uploaded by the Bidder for the work.
14. Currencies of Bid and payment
14.1 The currency of the bid and payment shall be Indian Rupees.
15. Documents Comprising the Technical Proposal
15.1 The Bidder shall furnish, as part of the Technical Bid, a Technical Proposal including a
statement of work methods, equipment, personnel, schedule and any other information as

14
 stipulated in Section 4 (Bidding Forms), in sufficient detail to demonstrate the adequacy
of the Bidders‟ proposal to meet the work requirements and the completion time.
16. Documents Establishing the Qualifications of the Bidder
16.1 To establish its qualifications to perform the Contract in accordance with Section 3
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested
in the corresponding information sheets included in Section 4 (Bidding Forms).
17. Period of Validity of Bids
17.1 Bids shall remain valid for the period specified in the BDS after the bid submission
deadline date prescribed by the Employer. A bid valid for a shorter period shall be
rejected by the Employer as nonresponsive.
17.2 In exceptional circumstances, prior to the expiration of the bid validity period, the
Employer may request Bidders to extend the period of validity of their Bids. The request
and the responses shall be made in writing. If a bid security is requested in accordance
with ITB 18, it shall also be extended twenty-eight (28) days beyond the deadline of the
extended validity period. A Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request shall not be required or permitted to modify its
Bid.
18. Bid Security/ Earnest Money
18.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, a bid
security as specified in the BDS, in original form. The amount and currency of the Bid
Security shall be as specified in the BDS.
18.2 The bid security shall be, at the Bidder‟s option, in any of the following forms:
(a) An unconditional bank guarantee;
(b) Term Deposit Receipt (TDR);
(c) Fixed Deposit Receipt;
all from a reputable bank from India. In the case of a bank guarantee, the bid security
shall be submitted either using the Bid Security Form included in Section 4 (Bidding
Forms) or in another substantially similar format approved by the Employer prior to bid
submission. In either case, the form must include the complete name of the Bidder. The
bid security shall be valid for twenty-eight days (28) beyond the original validity period
of the bid, or beyond any period of extension if requested under ITB 17.2.

18.3 Any bid not accompanied by a substantially compliant bid security in accordance with
ITB 18.2, shall be rejected by the Employer as non- responsive.

18.4 If a bid security is specified pursuant to ITB 18.1, the bid security of unsuccessful

15
 Bidders shall be returned as promptly as possible upon the successful Bidder‟s furnishing
of the performance security pursuant to ITB 42.

18.5 If a bid security is specified pursuant to ITB 18.1, the bid security of the successful
Bidder shall be returned as promptly as possible once the successful Bidder has signed
the Contract and furnished the required performance security.

18.6 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder
on the Letters of Bid, except as provided in ITB 17.2 or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 38;

(ii) furnish a performance security in accordance with ITB 39; or

(iii) accept corrections of arithmetic errors pursuant to ITB 32; or

(iv) furnish a domestic preference security, if applicable, in accordance with ITB 38.

18.7 The Bid Security of a JV shall be in the name of the JV that submits the Bid. If the JV
has not been legally constituted at the time of bidding, the Bid Security shall be in the
names of all future partners as named in the letter of intent mentioned in ITB 4.1.

19. Format & Signing of Bid

19.1 Bidders shall submit their bids electronically. Procedures for submission, sealing and
marking are outlined in the ITB 20

19.2 The Bid shall be typed or written in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the bid. The name and
position held by each person signing the authorization must be typed or printed below the
signature.

19.3 A bid submitted by a JV shall be signed so as to be legally binding on all partners

19.4 Submission of Original Documents: Furnishing of hard copies of bids immediately after
submission of e-tenders is dispensed with. The same should be obtained only from the
bidder who is declared as L1 after opening of financial bids as per Finance Department
O.M. No. A/24(2017)-651 Dt: 07-06-2018.

19.5 Online Submission (uploading) of the following document

16
The following documents shall be uploaded online as part of Technical Bid. Use of
relevant Bidding Forms provided in Section 4 of SBD shall be made by the bidder to
upload the qualification information sought below as applicable.
1. Treasury Challan /Demand draft due to cost of Bid as per NIT/SBD.
2. Bid Security in the form of FDR/Bank Guarantee as specified in ITB 18. 2
3. Affidavit regarding corrections of information
4. Affidavit regarding claim against decision of tender committee.
5. Affidavit regarding Bid Validity.
6. Affidavit regarding Arbitration and or Litigation history
7. Certificate of familiarization.
8. Financial turnovers of last 3 years
9. Experience in work of Similar nature works executed from last seven yearsalongwith
copy of allotments/agreement and completions certificates.
10. Profit and Loss statement and Audit report for the last Three years certified by the CA
11. Cash Flow certificates, undertaking by the tenderer not less than 30% of contract value
12. Reference from the bidder bankers/Credit facility certificate not less than 25% of the
contract value.
13. Evidence of ownership/lease/hiring of the major construction equipment.
14. Details of the proposed technical persons.
15. Litigation or Arbitration during the last five years
16. Affidavit regarding abandoned works and undertakings
17. Pan Card (Scanned Copy)
18. Registration Certificate G.S.T(Scanned Copy)
19. Valid registered card with J&K UT Govt. CPWD, Railways and other State/Central
Government Departments (Scanned Copies).
20. Latest GST Returns (GSTR-3B) Monthly/Quarterly as applicable (Attested Copy)
21. Statement of ethical conduct, Fraud and corruption.
22. Joint Venture Memorandum – Power of Attorney for MOU /Separate affidavits duly
attested by First Class Judicial Magistrate.
23. POA for signing of bid in case of firm/POA for signing bid in case of JV.
24. Labour Licences
25. Any other specific document can be added as per work requirement.
In case of any deficiency, it will be treated as misrepresentation by such bidder and
the bid will be declared non-responsive.

D. SUBMISSION AND OPENING OF BIDS

17
20. Submission of Bids
20.1 The electronic bid submission procedures are specified in the BDS.
21. Deadline of Bid Submission
21.1 Bids must be received by the Employer through the e-procurement portal of J&K
Government nolater than the date and time in accordance with ITB 20.
21.2 The employer may, at its direction, extend the deadline for the submission of bids by
amending the Bidding Document in accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
22. Late Bids
22.1 The e-Procurement portal system does not permit submission of any bid after the
deadline for submission of bids.
23. Withdrawal, Modification & Substitution of Bids
23.1 A Bidder may withdraw, substitute, or modify its Bid Technical or Price prior to deadline
for submission of bids.
23.2 No bid may be withdrawn, substituted, or modified in the interval between the deadline
for submission of bids and the expiration of the period of bid validity specified by the
Bidder on the Letter of Technical Bid/Letter of Price Bid or any extensionthereof.
24. Bid Opening
24.1 The Employer shall open the Technical Bids after analysing the original documents as
per ITB clause 19.4 at the place and time specified in the BDS in the presence of Bidders‟
representative who chose to attend. Specific electronic bid opening procedures shall be as
specified in the BDS.

24.2 The Employer shall prepare a record of the opening of Technical Bids that shall include,
as a minimum: the name of the Bidder; and the presence or absence of a bid security. The
Bidders representatives who are present shall be requested to sign the record. The
omission of a Bidder‟s signature on the record shall not invalidate the contents and effect
of the record. A copy of the record shall be distributed to all Bidders and it must be with
the bidder at the time of bidopening.
24.3 The result of Technical Evaluation of the bids shall be made public on e-procurement
system following which there will be a period of minimum three working days during
which any bidder may submit online complaint which shall be considered for mandatory
reply online and upload the same before opening of financial bid.
24.4 The Employer will notify Bidders in writing through official website who have been
18
 rejected on the grounds of their Technical Bids being substantially non-responsive to the
requirements of the Bidding Document.
24.5 The Employer shall conduct the online opening of Price Bids of all Bidders who submitted
substantially responsive Technical Bids, in the presence of Bidders‟ representatives who
chose to attend at the address, date and time specified by the Employer. The bidder‟s
representatives who are present shall be requestedto sign a register evidencing their
attendance.

E. EVALUATION AND COMPARISON OF BIDS

25. Confidentiality
25.1 Information relating to the examination, evaluation, comparison, and post qualification
of bids and recommendation of contract award, shall not be disclosed to Bidders or any
other persons not officially concerned with such process until information on Contract
award is communicated to all Bidders.
25.2 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 its Bid.
25.3 Notwithstanding ITB 25.2, from the time of bid opening to the time of Contract award, if
any Bidder wishes to contact the Employer on any matter related to the bidding process,
it may do so in writing.
26. Confidentiality
26.1 To assist in the examination, evaluation of the Technical Bids, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid or submission in original, of any
document submitted in the electronic bid. Any clarification submitted by a Bidder that is
not in response to a request by the Employer shall not be considered. The Employer‟s
request for clarification and the response shall be in writing. No change in the substance
of the Technical Bid or prices in the Price Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errorsdiscovered by the Employer in the
evaluation of the Price Bids, in accordance with ITB 32.
26.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the
Employer‟s request for clarification, its bidmay be rejected.
27. Deviations, Reservations & Omissions
27.1 During the evaluation of bids, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Bidding Document; and

19
(c) “Omission” is the failure to submit part or all of the information or documentation
required in the BiddingDocument. If a Bidder does not provide clarifications of its Bid by the
date and time set in the Employer‟s request for clarification, its bid may be rejected.
28. Preliminary Examination of Technical Bids
28.1 The Employer shall examine the Technical Bid to confirm that all documents and
technical documentation requested in ITB Sub-Clause 11.2 have been provided, and to
determine the completeness of each document submitted.
28.2 The Employer shall confirm that the following documents and information have been
provided in the Technical Bid. If any of these documents or information is missing, the
offer shall be rejected.

(a) Letter of Technical Bid;

(b) written confirmation of authorization to commit the Bidder;
(c) Bid Security, if applicable; and
(d)Technical Proposal in accordance with ITB 15.
29. Responsiveness of Technical Bid
29.1 Employer‟s determination of a Bid‟s responsiveness is to be based on the contents of the
bid itself, as defined in ITB 11
29.2 A substantially responsive Technical Bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that, if accepted, would:

(a) affect in any substantial way the scope, quality, or performance of the Works specified in
the Contract; or
(b) limit in any substantial way, inconsistent with the Bidding Document, the Employer‟s
rights or the Bidder‟s obligations under the proposed Contract; or
(c) if rectified, would unfairly affect the competitive position of other Bidders presenting
substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the Bid submitted in accordance
with ITB 15, Technical Proposal, in particular, to confirm that all requirements of Section
5 (Works Requirements) have been met without any material deviation or reservation.

29.4 If a bid is not substantially responsive to the requirements of the Bidding Document, it
shall be rejected by the Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

30. Non-conformities, Errors & Omissions

30.1 Provided that a bid is substantially responsive, the Employer may waive any

20
 nonconformities in the Bid that do not constitute a material deviation, reservation or
omission.

30.2 Provided that a Technical Bid is substantially responsive, the Employer may request that
the Bidder submit the necessary information or documentation, within a reasonable
period of time, to rectify non-material non-conformities in the Technical Bid related to
documentation requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the Price Bid. Failure of the Bidder
to comply with the request may result in the rejection of its Bid.

31. Qualification of a Bidder

31.1 The Employer shall determine to its satisfaction during the evaluation of Technical Bids
whether Bidders meet the qualifying criteria specified in Section 3 (Evaluation and
Qualification Criteria).

31.2 The determination shall be based upon an examination of the documentary evidence of
the Bidder‟s qualifications submitted by the Bidder, pursuant to ITB 16.1.

31.3 An affirmative determination shall be a prerequisite for the opening and evaluation of a
Bidder‟s Price Bid. A negative determination shall result into the disqualification of the
Bid, in which case the Price Bid to the Bidder shall not be opened online.

32. Correction & Arithmetical Errors

32.1 The Price bids have to be submitted Online for the purpose of declaration of lowest
bidder as such there shall be no arithmetical corrections in the e-procurement process.

33. Abnormally Low Bids

33.1 If the Bid of a successful bidder is seriously unbalanced or front loaded in the opinion of
the Employer. The Employer may in such cases seek written clarifications from the
Bidder, including detailed price analyses of its Bid price in relation to scope, schedule,
resource mobilization, allocation of risks and responsibilities, and any other requirements
of the bid‟s document. If, after evaluating the price analyses, procuring entity
determines that the Bidder has substantially failed to demonstrate its capability to
deliver the contract at the offered price, the Employer may reject the Bid/
Proposal.A bid which contains several items in Bill of Quantities which are
unrealistically priced low and which cannot be substantiated satisfactorily by the bidder
may be rejected as non-responsive

21
34. Negotiation of Bids
34.1 For examination, evaluation, and comparison of bids, the Employer may, at his discretion,
ask the lowest bidder for clarification of his rates including reduction of rate on negotiation
and breakdown of unit rates.

35. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids
35.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to contract award, without thereby incurring
any liability to Bidders. In case of annulment, all bids submitted and specifically, bid
securities, shall be promptly returned to the Bidders
35.2 In case, any conditions laid down in contravention with any clause of the GFR-2017 or
Manual for procurement of works-2022, the relevant clause of the later shall prevail. The
same shall be applicable in case any condition not laid down in the NIT but required in
evaluation of Bids, fixation of contract or execution of work.

F. AWARD OF CONTRACT
36. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids
36.1 The Employer shall award the Contract to the Bidder whose offer has been determined to
be the lowest evaluated bid and is substantially responsive to the Bidding Document,
provided further that the Bidder is determined to be qualified to perform the Contract
satisfactorily.

37. Notification of Award

37.1 Prior to the expiration of the period of bid validity, the Employer shall notify the
successful Bidder, in writing, via the Letter of Acceptance included in the Contract
Forms, that its bid has been accepted.
37.2 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract.
37.3 At the same time, the Employer shall also notify all other Bidders of the results of the
bidding, and shall publish in an English language newspaper or well-known and freely
accessible website the results identifying the bid and contract numbers and the following
information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as read out at
Bid Opening; (iii) name and evaluated prices of each Bid that was evaluated; (iv) name of
bidders whose bids were rejected and the reasons for their rejection; and (v) name of the
winning Bidder, and the Price it offered, as well as the duration and summary scope of

22
 the contract awarded. After publication of the award, unsuccessful bidders may request in
writing to the Employer for a debriefing seeking explanations on the grounds on which
their bids were not selected. The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after publication of contract award, requests a debriefing.

38. Signing of Contract

38.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Agreement.

38.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful
Bidder shall sign, date, and return it to the Employer.
39. Performance Security
39.1 Within twenty-eight (28) days of the receipt of notification of award from the Employer,
the successful Bidder shall furnish the performance security in accordance with the
conditions of contract, subject to ITB 33.5, using for that purpose the Performance
Security Form included in Section 8 (Contract Forms), or another form acceptable to the
Employer. If the institution issuing the performance security is located outside the
country of the Employer, it shall have a correspondent financial institution located in the
country of the Employer to make it enforceable.
39.2 Performance security shall be furnished for an amount of Three percent (03%) of the
value of the contract.
39.3 Failure of the successful Bidder to submit the above- mentioned Performance Security or
to sign the Contract Agreement shall constitute sufficient grounds for the annulment of
the award and forfeiture of the bid security. In that event the Employer may award the
Contract to the next lowest evaluated Bidder whose offer is substantially responsive and
is determined by the Employer to be qualified to perform the Contract satisfactorily.
40. Advance Payment & Security
40.1 No Advance payments under this contract

23
 SECTION–2

BID DATA SHEET (BDS)

24
 A. Introduction

ITB1.1 The Employer is: Jal Shakti Department, Government of J&K Through
Chief Engineer, Irrigation & Flood Control Kashmir Silk Factory, Rajbagh
Srinagar

ITB2.1 The name of the Projectis: Comprehensive Flood Management of River Jhelum
and Its Tributaries-Phase II (Part -A)”.
B. Bidding Documents

ITB7.1 For clarification purposes only, the Employer‟saddressis:

(Silk Factory, Rajbagh Srinagar)
City: Srinagar
PINCode: 190008
Country: IndiaTelephone:0194-
2311085
Facsimilenumber:0194-2311085
Electronicmailaddress:[email protected], [email protected],
[email protected]
Requests for clarification should be received by the Employer no later than:
7 days prior to the deadline for submission of bids.
ITB7.4 A Pre-Bid meeting shall take place at the following date, time and place:[insert date,
time & place below]
Date: 27.08.2024
Time:11:30Hrs.
Place: Office of Chief Engineer, I&FC Kashmir Silk Factory Rajbagh Srinagar
C. Bidding Documents
ITB10.1 Thelanguageof thebidis:English
ITB11.2(f) All Details as per Bidding Forms in Section 3 of SBD
ITB11.3(c) “Not Applicable”
ITB13.5 The prices quoted by the Bidder shall not subject to adjustment during the
performance of the Contract in accordance with the provisions of the conditions of
contract.
ITB14.1 The Currency of the bid and payment shall be IndianRupees.
ITB17.1 The bid validity period shall be 120 days after the bid submission deadline date
prescribed by the employer.
ITB18.1 ₹2800000/= @2% OF ADVERTISED AMOUNT (Earnest Money)
ITB19.3 The written confirmation of authorization to sign on behalf of the Bidder shall consist
of Legally Enforceable Power of Attorney. Also, Bids submitted by an existing or
intended JV shall include an undertaking signed by all parties (i) stating that all parties
shall be jointly and severally liable, and (ii) nominating a Representative who shall
have the authority to conduct all business for and on behalf of any and all the parties
of the JV during the bidding process and, in the event the JV is awarded the Contract,
during contract execution.

25
 D. Bid Submission and Opening Date

ITB20.1 If bidders shall have the option of submitting their bids electronically, the electronic
bidding submission procedures shall be:

1. Obtaining a Digital Signature Certificate:

1.1 The Bids submitted online should be signed electronically with a Digital
Signature Certificate to establish the identity of the Bidder bidding online. These
Digital Signature Certificates are issued by an approved certifying authority,
authorized by the Controller of Certifying Authorities, Government of India.
1.2 A Digital Signature Certificate is issued upon receipt of mandatory identity proofs.
Bid for a particular Tender may be submitted only using the digital signature
certificate. In case, during the process of a particular Tender, the user loses his
Digital Certificate (i.e. due to virus attack, hardware problem, operating system
problem etc.); he may not be able to submit the Bid online. Hence, the users are
advised to back up the certificate and keep the copies at safe places under proper
security to be used in case of emergencies.
1.3 In online tendering, the digital certificate issued to the authorized user of a firm or
association (User) and used for electronic tendering will be considered equivalent
to a no- objection certificate/power of attorney to that user. The firm or
association has to authorize a specific individual via an authorization certificate
signed by all partners to use the digital certificate as per Indian Information
Technology Act 2000. Unless the certificate is revoked, it will be assumed to
represent adequate authority of the user to Bid on behalf of the firm or association
as per Indian Information Technology Act 2000. The digital signature of this
authorized user will be binding on the firm or association. It shall be the
responsibility of management/partners of the registered firm or association to
inform the Certifying Authority or Sub Certifying Authority, if the authorized
user changes, and apply for a fresh digital certificate and issue a fresh
„authorization certificate‟ for the new user
1.4 The same procedure holds true for the authorized users in a private/public limited
company. In this case, the authorization certificate will have to be signed by the
directors of the company.
2. Downloading and submission of bids is free of charge.
3. Tender Download: Eligible Bidders can download the Tender Document online.
4. Submission of Bids online: Bidders have to submit and sign their encrypted Bids (by
their user Public-Key) online on the e-procurement Portal
https://www.jktenders.gov.in using their digital signature certificate within the date
and time as stated in the Tender schedule (Key Dates). The electronic Bids of only
the Bidders who have submitted their Bid within the stipulated time, as per the
Tender time schedule (Critical Dates), will be accepted by the system.The
critical dates are defined in NIT itself.
5. Substitution or Withdrawal of Bids: A Bidder may substitute or withdraw its Bid
prior to the deadline for bid submission
ITB24.1 The bid opening shall take place at:
(Chief Engineer, I&FC Kashmir Silk Factory Rajbagh Srinagar)

26
 City: Srinagar, UT of J&K Country:India
Date:____.09.2024 Time: 1100 Hrs.
ITB24.1 The bid opening shall take place online on the Portal https://www.jktensders.gov.inon
or after the date indicated in ITB20.1. A copy of the opening details and tender status
shall be available on the e-Portal.

ITB24.1 For Electronic bid submission in accordance with ITB20.1, the specific bid opening
procedures shall be:
1. Opening of Technical Bid: The Employer shall first open the original
documents and online technical bids in the presence of Bidders or their
designated representatives and any one who choose to attend, and check for the
presence and validity of Bid Security and documents submitted in the Technical
Bids, as required by the Employer. In case, the requirements are not met, the
Technical Bid Evaluation will not be conducted, and the Financial Bid of the
concerned Bidder shall not be opened.
2. Opening of Financial Bid: After the completion of the technical evaluation, the
Employer shall open online the Financial Bids submitted by the technically
qualified Bidders in the presence of designated representatives of the technically
qualified bidders and anyone who chooses to attend. Date, time and address of
the public opening of Financial Bids will be intimated separately.

ITB 33.5 No provision for Additional Performance Security to be kept in Bid Documents in case
of Abnormally Low Bids as per the Circular of the Finance Department A/MISC
(2018)-III-895/J Dt: 22.12.2020

27
 Section- 3
Eligibility
&
Qualification Criteria for Bidders

28
 QUALIFICATION CRITERIA
Factor Eligibility
Sub-Factor Criteria Documentation
Requirement Single Bidder Joint Venture Required

All Partners Each Partner At Least one

Combined Partner
(Lead partner)
Nationality Nationality in Must meet Must meet Must meet Must meet Form ELI –1 and
accordance with requirement requirement requirement requirement ELI –2 with
ITB 4.2 attachments

Conflict of No-conflicts of Must meet Must meet Must meet Must meet Letter of Technical
Interest interest in requirement requirement requirement requirement Bid
accordance with
ITB 4.3
GO J&K Not having Must meet Must meet Must meet Must meet Letter of Technical
Ineligibility declared Ineligible requirement requirement requirement requirement Bid
by Govt. of J&K
with ITB 4.4
Government Compliance with Must meet Must meet Must meet Must meet Form ELI –1 and
owned Entity Conditions of ITB requirement requirement requirement requirement ELI –2 with
4.5 attachments

29
 Factor Historical Contract Non-Performance

Sub-Factor Criteria
Requirement Single Joint Venture
Bidder
All Partners Each Partner At Least one Documentation
Combined Partner Required
(Lead Partner)
All pending Arbitration/
Pending litigation shall in total not
Arbitration/ represent more than Must meet N/A Must meet
Litigation History fifteen percent (15%) of requirement Must meet requirement Form CON -1
the Bidder’s net worth requirement
and shall be treated as
resolved against the
Bidder.

No consistent history of Must meet Must meet Must meet Must meet Form CON – 1
Arbitration/ court/arbitral award requirement requirement requirement requirement
Litigation History decisions against the
Bidder since 1st January
2019

Note: The Bidder shall provide accurate information on the related Bid Form about any litigation or arbitration resulting from contracts completed or ongoing

under its execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result in

disqualifying the Bidder.

24
Factor Financial Situation

Sub-Factor Criteria Documentation

Required
Requirement Single Joint Venture
Bidder
All Partners Each Partner At Least one
Combined Partner
(Lead Partner)
Average Annual Average Annual financial
Turnover turnover from Civil
Engineering Works during Must meet Must meet Must meet Must meet
the last 3 years, ending requirement requirement twenty five fifty percent Form FIN – 1
31st March of the previous percent (25%) of (50%) of the
the requirement requirement
financial year, should be
at least 30% of the
Advertised Cost.

Financial The Bidder must Must meet Must meet Must meet at Must meet at Cash Flow Certificate
Resource Criteria demonstrate access to, or requirement requirement least twenty least fifty percent from Bidder’s Banker
availability of, financial five percent (50%) of the
resources such as liquid (25%) of the requirement
assets, unencumbered requirement
real assets, lines of credit,
and other financial
means, other than any
contractual advance
payments to meet:
(i) The following cash-
flow requirement: INR
3.50 Cr.
(ii) The overall cash flow
25
 requirements for this
contract and its current
commitments and for
future contract
commitments.

Factor Work Experience

Sub-Factor Criteria Documentation

Required
Requirement Single Joint Venture
Bidder All Partners Each Partner At Least one
Combined Partner
(Lead Partner)
Similar Work The experience having
experience successfully completed or
substantially completed Must meet Must meet Must meet the Must meet the
requirement requirement requirement for requirement for Form Exp – 1
similar works during last
one contract of one contract of
seven years ending last
25% value 50% value
day of month previous to
the one in which tenders
are invited, which should
be either with of the
following with
completion certificate
duly authenticated by an
officer not below the rank
of Executive Engineer
from Govt./Semi Govt.
organization: - (i) Three
similar completed works
each costing not less
26
 than
5.60 Crore*. OR
(ii) Two similar completed
works each costing not
less than 7.00 Crore*. OR
(iii) One similar
completed work costing
not less than 11.20 Crore.
*
Note (i) Similar work will mean:
a) Major Flood protection/Bank Protection /River Training works on Rivers/Nallahs.

b) Headworks and Lining on Irrigation Canals.

c) Regulatory Gates/Barrages/Weirs on Rivers and nallahs.

d) Water Supply Schemes including Impounding Reservoirs, Filtration Plants, Service Reservoirs, Overhead tanks excluding pipe laying.
e) Sewage Treatment Plants including its network.

f) Effluent Treatment plants & its network.

g) Dewatering Stations and allied network.

h) Single or multiple span Bridges on River/ Nallahs having span more than 25 mts.

i) Civil works for Mega/Micro/Mini Hydel projects.

j) Irrigation or Flood Control or Multipurpose Dams.

k) River Front Development works

The bidder should upload the successful completion certificate towards the same by an officer not less than Executive Engineer from Government/ Semi- Government/

Government Entity of India. The allotment for the work should invariably be uploaded as well.

In case the relevant details are not attached/uploaded the bid can be rendered non-responsive.

ii). Substantial completion shall mean work completed at least 80% (Value wise) or more. Certificate for substantial completion of the similar work should contain two parts.
Part-I shall contain financial value of work done and part-II shall contain certificate of functional completion.

iii) For contracts under which the Bidder participated as a joint venture member, only the Bidder’s share, by value, shall be considered to meet this requirement. The completion
27
certificate for works executed under JV shall clearly depict the JV partnership percentages and the proportion of the work value of each bidder for getting evaluated. The allotment

of work and JV agreement of the parties claimed as Similar experience shall be uploaded as well.

iv) In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has

been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets

the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be

aggregated.
v) For arriving Cost of similar works, the value of work executed shall be brought to current costing level by enhancing the actual value of work at simple rate of percent per

annum, calculated from the date of completion to the date of Bid opening.

Bid Capacity Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity for
construction work is equal to or more than advertised value of the work. The available bid capacity will be
calculated as under:
Assessed Available bid capacity = (A*N*2.5-B)
Were,
A = Maximum value of civil engineering works executed in any one year during the last five years
(updated to the price level of the current financial year at the rate of 8% per year), taking into account the
completed as well as works in progress).
N = 1.0 (Number of years prescribed for completion of the works for which bids are invited) (period up to
6 months to be taken as half-year and more than 6 months as one year).
B = Value, at the current price level, of existing commitments and on-going works to be completed
concurrently with the works specified upto the period of “N” above as per FIN 4 in section 4.
Partners of JV should Jointly Possess the bid capacity

28
Equipment Capability:
The bidder should own, or have assured access (through hire, lease, purchase agreement) to the critical equipment for this project as per as under in full working order
and satisfy that, based on known commitments will be available for timely use for this contract.
S. No. Item of Equipment Min. Requirement Availability Proposals Remarks
for Prequalification
Type No’s No’s Owned/Leased/ Age/
Hired Condition
(1) (2) (3) (4) (5) (6) (7)
01. DMC Piling Equipment 03
02. Genset 02
03. Welding Machines 02
04. Tremie Pipe 03
05. Pock-lain 03
06. Concrete Mixers preferably semi- 04
automatic/automatic (Min output
5 Cum/hr.)
07. Water Tanker 04
08. Concrete Vibrator 03
09. Dewatering Pumps 04 Sets
10. Concrete Breaker 01
11. Shuttering 500 Sqm
12. Auto level with allied 02
accessories
13. Total Station with allied 01
accessories

Note: i) The Bidder’s provision of the minimum equipment requirements given in the list above shall not relieve the Bidder, in the event of contract award, of his obligation to
provide sufficient equipment to complete the Works in accordance with the Contract within stipulated time period.
ii) The partners of JV shall jointly possess the required machinery, T&P as stated above.
29
Contractor’s representative & Key personnel:
The Bidder must demonstrate that it will have a suitably qualified (and in adequate numbers)

minimum Key Personnel, as described in the table below, that are required to perform the
Contract. The Bidder shall provide details of the Key Personnel and such other Key Personnel that

the Bidder considers appropriate, together with their academic qualifications and work
experience. The Bidder shall complete the relevant details in Bidding Forms.
S.No. Key Personnel Designation No. Min. Relevant Years
Required Qualification of Experience
01. Project Manager/Contract 01 Contract Manager shall have a 10
Manager bachelor’s degree in civil
engineering and an experience
of minimum 6 years in Civil
engineering works. The age of
the personnel as on the date of
bid submission shall not be
more than 60 years
02. Site Engineer 02 Site Engineer shall have a 04
Bachelor’s degree/Diploma
in civil engineering and an
experience of minimum 3
years
03. Surveyor 01 Diploma Holder 02

04. Works Supervisor 04 10th pass & preferably ITI 04

qualified with min. 5
Years of experience

Note: The partners of JV shall jointly possess the required staff stated above.

24
 SECTION–4

BIDDING FORMS
Note: Bidders are advised to complete the bidding forms provided herein and upload the same along with
necessary attachments forgetting evaluated. Information needs to be provided strictly as per Bidding Forms.

Imp Note: The bid will be declared non-responsive unless the details are
provided in Bidding Forms provided herein.

25
 Bidding Forms
The following Bidding Forms shall be filled by the bidder and uploaded in his Technical Bid for
getting evaluated. The information sought shall be strictly provided in the formats
provided.
S.No. Description

01. Letter of Technical Bid

02. Bid Security

03. Contractor’s Work Methodology

04. Contractor’s Equipment

05. Contractor’s Key Personnel

06. PER 1: Proposed personnel

07. PER 2: Proposed personnel

08. FORM EL-1: Bidder’s Information Form

09. Details of Participation in the Joint Venture

10. Additional Details required from Bidder and partners of JV

11. Form FIN–1: Financial Situation and Performance

12. Form FIN - 2: Average Annual Construction Turnover

13. Form FIN-3: Financial Resources

14. Form FIN-4: Current Contract Commitments / Works in Progress

15. Form Exp-1: Similar Work Experience

16. Proformafor Joint Bidding Agreement for Joint Venture

26
 LETTER OF TECHNICAL BID

To

Name
Address

Subject: Tender for "Write Name of work”

DearSir,

With reference to your limited tender enquiry referred above, We,

(na

me of the applicant) having examined all relevant documents and understood

their contents, hereby submit ourTenderand statethat:

1. All information provided in the Bidding Forms along with attachments as apart of
technical bid is true and correct.

2. We have thoroughly read the tender conditions and have inspected the site and is fully
aware of site conditions & scope of works envisaged under this contract.

3. We shall make available to I & F C Department any additional information it may find
necessary or require to supplement or authenticate the technical bid details.

4. We, for any part of the contract, do not have any conflict of interest in accordance with
ITB-3.8;

5. We are not under a declaration of in eligibility issued by Govt. of India/Any State Govt.
in India/ Public Sector Undertakings.

6. We agree and under take to abide by all the terms and conditions of the tender

document.

7. We have never been debarred/ blacklisted by the Govt. of India/Any State/UT Govt. in

Indian public sector undertaking/UT of J&K.

Company seal & Signature
Name
Designation
Company
Date

27
 BID SECURITY (BANK GUARANTEE)

WHEREAS [name of Bidder] (herein after called“the Bidder”) has

submitted his Bid dated [date] for the construction of [name of Contract herein
after called “the Bid”].
KNOW ALL PEOPLE by these presents that We [name of Bank] of [name of country]
having our registered office at_ (herein after called “the Bank”) are bound unto
[name of Employer] (herein after called “the Employer”) in the
sum of * for which payment well and truly to be made to the said
Employer the Bank itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this ______________ day/month of 2023.
THE CONDITIONS of this obligation are:
(1) If after Bid opening the Bidder with draws his bid during the period of Bid validity
specified in the Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer
during the period of Bid validity:
(a) Fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
(b) Fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders; or
(c) Does not accept the correction of the Bid Price pursuant to Clause 26.
We undertake to pay to the Employer up to the above amount upon
receipt of his first written demand, without the Employer having to substantiate
his demand, provided that in his demand the Employer will not that the amount
claimed by him is due to him owning to the occurrence of one or any of the
three conditions, specifying the occurred condition or conditions.
The Guarantee will remain in force upto and including the date 45days after the
deadline for submission of Bids as such deadline is stated in the Instructions to
Bidders or as it may be extended by the Employer, notice of which extensions(s) to
the Bank is hereby waived. Any demand in respect of this guarantee should reach
the Bank not later than the above date
Date
_______________________________Witness

(Signature, name and address).

* The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in NIT/
ITB Clause 18 and its sub-clauses of the Instructions to Bidders (ITB).

28
Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability

to meet the requirements for the key equipment listed in this specified in this section supra. A
separate Form shall be prepared for each item of equipment listed:

Item of equipment*

Equipment information Name of manufacturer Model and power rating

Capacity* Year of manufacture*

Current Status Current Location

Details of Current Commitments
Source of Equipment Indicate source of the equipment

Omit the following information for equipment owned by the Bidder

Owner Name of Owner

Address of Owner

Telephone Contact Name and Title

Fax Email:

Agreement Details of rental / lease / manufacture agreements specific to the project

29
Key personnel:
Bidders should provide the names of suitably qualified personnel to meet the requirements

specified in this section supra. The data on their experience should be supplied using the Form
below for each candidate.

Form PER – 1: Proposed Personnel

S.No. Title of Position Name Qualification Relevant Years of

Experience

10

11

12

Note:
In PER-2 highlight the minimum qualification and experience data submitted in last two columns

30
 Form PER-2
Resume and Declaration
Contractor’s Representative and Key Personnel

The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be
used for evaluation

Position*

Personal information Name Date of Birth

Professional Qualifications

Present Employment Name of the Employer

Address of Employer

Telephone Contact
(Manger/Personal Officer)
Fax Email

Job Title Years with present Employer

Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.

From* To* Company Position Relevant Technical/

Managerial Experience

Declaration
I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the

information contained in this Form PER-2 correctly describes myself, my qualifications and my
experience.

I confirm that I am available as certified in the following table and throughout the expected
time schedule for this position as provided in the Bid:

31
Commitment Details

Commitment to duration of [insert period (start and end dates) for which this Key
contract: Personnel is available to work on this contract]

Time commitment: [insert the number of days/week/months/ that this Key

Personnel will be engaged]

I understand that any misrepresentation or omission in this Form may:

(a) be taken into consideration during Bid evaluation;

(b) my disqualification from participating in the Bid;

(c) my dismissal from the contract.

Name of Key Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Bidder:

Signature: ________________________________________________________

Date: (day month year): __________________________________

32
 FORM EL-1:Bidder’s Information Form

Bidders Information Form

Bidder’s legal name

In case of JV, legal name of

each partner
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s legal address in
country of constitution
Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-
mail address)
In case of JV, legal name of
each partner

Bidder’s country of
constitution
Attached are copies of the following original documents.
❑ 1. In case of single entity, articles of incorporation or constitution of the legal entity
named above, in accordance with ITB Clause 4

❑ 2. Authorization to represent the firm or JV named in above, in accordance with ITB

Clause 4

❑ 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB

Clause 4

❑ 4. In case of a government-owned entity, any additional documents not covered

under 1 above required to comply with ITB Clause 4

33
 FORM EL-2:JV Information Form

JV Information Form

Bidder’s legal name

JV Partner’s or Subcontractor’s
legal name

JV Partner’s or Subcontractor’s
country of constitution

JV Partner’s or Subcontractor’s
year of constitution

JV Partner’s or Subcontractor’s
legal address in country of
constitution

JV Partner’s or Subcontractor’s
authorized representative
information
(name, address, telephone
numbers, fax numbers, e-mail
address)
Attached are copies of the following original documents.
❑ 1. Articles of incorporation or constitution of the legal entity named above, in
accordance with ITB Clause 4

❑ 2. Authorization to represent the firm named above, in accordance ITB Clause 4

❑ 3. In the case of government-owned entity, documents establishing legal and

financial autonomy and compliance with commercial law, in accordance ITB Clause 4

34
 DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION DETAILS FIRM ‘A’ FIRM ‘B’

(Lead Member)

Financial

Name of the Banker(s)

Planning

Major Equipment and Machinery

Key Personnel

Execution of Work (Give details on

proposed contribution of each)

Additional Details required from each Individual Bidder and partners of JV

1. Tender Document Fee as per NIT/SBD (Attach Scanned Copy)

2. Earnest Money/Bid Security per NIT/ITB Instructions (Attach Scanned Copy)

3. PAN issued by Income Tax Department (Attach proof)

4. GSTIN Registration Details (Attach proof)

5. GSTR-3B Return Details (Monthly/Quarterly)

6. Affidavit/undertaking of not having been debarred/black-listed by any Govt./Semi Govt.

Organization/Corporation at any stage and/or debarred /blacklisted by the department

of UT of J&K PHE/I&FC/(R&B)/PMGSY etc.

7. the affidavit/undertaking that information being submitted is correct and true,

and that any false information shall lead to disqualification at any stage.

35
 Form FIN–1:

Financial Situation and Performance

Each Bidder or member of a JV must fill in this form

Financial Data for Previous Three Years

Year 2021-22 Year 2022-23 Year 2023-24

Statement of Financial Position (Information from Balance Sheet)

2021-22 2022-23 2023-24

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth

(NW)
Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenues

Profits Before Taxes

Profits After Taxes

2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in progress
and for future contract commitments.
S.No. Sources of Finance Amount (INR)

01.

02.

03.
 Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last
three years, as indicated above, complying with the following conditions.
 All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).

36
 Form FIN - 2: Average Annual Construction Turnover

Each Bidder or member of a JV must fill in this form

Average Turnover data from Last 3 Years (Civil Engg. Works Only) *

Year Amount (INR)

2021-22

2022-23

2023-24

Average Annual Turnover

Note: Annual construction turnover calculated as total certified payments received for work in

progress or completed, for 3 years. This should be certified by a Chartered Accountant.

37
Joint Venture
Names of all partners of a joint venture

1. Lead Partner

2. Other Partner

Average Turnover data from Last 3 Years (Civil Engg. Works Only)*

Partner 2021-22 2022-23 2023-24

Lead Partner

Other Partner

Totals

Name and address of Bankers to the Joint Venture ………………………

*to be certified by a Chartered Accountant with valid UDIN.

38
 Form FIN-3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Qualifying
Criteria stated above in this section supra.
S.No. Source of Financing Amount (INR)

01.

02.

03.

 Attached are copies of letters from source of financing duly dated, signed and stamped by

officials of the source of financing.

1. Committing in clear unambiguous terms that if the subject put to bid contract package is

awarded to the bidder the source of financing shall extend the amount indicated as the line of
credit.

2. Mentioning the status of the following: -

a) Total amount of available sanctioned lines of credit from the sources of financing to the

bidder for financing the current contract commitments.

b) Utilized amount of line of credit out of the above available sanctioned lines of credit.

c) Balance amount of unutilized line of credit (but not cancelled) out of the available
sanctioned lines of credit.

Note: Solvency Certificates shall not be considered as line of credit.

39
 Form FIN-4
Current Contract Commitments / Works in Progress
Bidder (or each JV partner) should provide information indicated below in order to calculate

the aggregated financial resources requirement, which requirement equals the sum of: (i) the
Bidder’s (or each JV partner’s) current commitments on all contracts that have been awarded,

or for which a letter of intent or acceptance has been received, or for contracts approaching
completion, but for which an unqualified, full completion certificate has yet to be issued and

(ii) financial resources requirement for subject contract as determined by the Employer. Bidder
must also disclose any other financial obligations that could materially affect the

implementation of subject contract if such contract were to be awarded to the Bidder.

S.No. Name of Employer’s Date of Remaining Outstanding Monthly
Contract Address Completion Contract Contract Financial
period (A) Value (B) Resources
Requirement
(B/A)
01.

02.

03.

A. Cumulative Financial Resources Requirement for Current Contract

Commitments

B. Financial Resources Requirement for Subject Contract 3.50 Crore

Financial Resources Requirement (Sum A plus B)

Attached:

An undertaking certifying that information on all current contract commitments has been

provided and the information provided is correct

40
 Form Exp-1
Similar Work Experience

[The following table shall be filled in for contracts performed by the Bidder, each member of a
Joint Venture]
Work performed as prime Contractor or Partner in JV on construction works of a similar nature
and volume over the last seven years previous to the month in which bids are invited. [Attach
certificate from the Engineer not below the rank of Executive Engineer.]
Similar Contract No. Information

Contract Identification

Award date

Completion date
Role in Contract Prime Contractor Member in JV

Total Contract Amount Amount in INR

If member in a JV, specify Percent of Total Amount

participation in total
Contract amount
Employer's Name:

Address:
Telephone/fax number
E-mail:
Description of Similarity
1. Amount
2. Physical size of required
Works and Services items
3. Complexity
4. Methods/Technology
5. Construction rate for key
activities
6. Other Characteristics

41
 PROFORMA FOR JOINT BIDDING AGREEMENT FOR JOINT VENTURE
(to be executed on stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the day of 20

AMONGST
1. having its registered office at (hereinafter referred to as the 'First Part' which

expression shall, unless repugnant to the context include its successors and permitted
assigns)

AND
2. _______________ having its registered office at ___(hereinafter referred to as the

'Second Part' which expression shall, unless repugnant to the context include its
successors and permitted assigns).

The above-mentioned parties of the FIRST and SECOND PART are collectively referred to as the
"Parties" and each is individually referred to as a "Party"

WHEREAS,
(A) The I&FC Department, represented by its (Name of tendering office) and having its office

at (hereinafter referred to as the "Authority" which expression shall, unless

repugnant to the context or meaning thereof, include its Tender ID No. for

(Name of work).
(B) The Parties are interested in jointly bidding for the tender as member of a Joint Venture

and in accordance with the terms and conditions of the tender document in respect of the
work, and

(C) It is necessary conditions under the pre-qualifying criteria (PQC) that the Parties of the
Joint Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with

the Application.
NOW IT IS HEREBY AGREED as follows: -

1. Definitions and Interpretations: In this Agreement, the capitalized terms shall, unless

the context otherwise requires, have the meaning ascribed thereto under the PQC in the

SBD..
2. Joint Venture:

42
 a. The parties do hereby irrevocably constitute a Joint Venture for the purpose of jointly

participating in the Bidding Process for the project.

b. The Parties hereby undertake to participate in the Bidding Process only through this

Joint Venture and not individually and/or through any other Joint Venture constituted
for this Project, either directly or indirectly.

3. Covenants: The Parties hereby undertake that in the event the Joint Venture is declared

the selected Bidder and awarded the contract, it shall perform all its obligations as the

Contractor in terms of the Contract.

4. Role of the Parties: The Parties hereby undertake to perform the roles and

responsibilities as described
below: -

a. Party of the First Party shall be the Lead Member of the Joint Venture and shall have
the power of attorney from the other Party for conducting all business for and on

behalf of the Joint Venture during the Bidding Process and execution process as well
as post execution process.

b. Party of the Second Part shall be the Member of the Joint Venture.
5. Joint and Several Liability: The Parties do hereby undertake to be jointly and severally

responsible for all obligations and liabilities relating to the Project and in accordance
with the terms and conditions given in the NIT and Tender Documents.

6. Field of Expertise: The Parties do hereby declare that the field of expertise of the parties

are as under:

a. First Party
b. Second Party

7. Share of Work in the Project: The parties agree that the proportion of the Contract to

be allocated among the parties shall be as follows:

a. First Party

b. Second Party

8. Representation of the Parties: Each Party represents to the other Party as of the date of

this Agreement that: -

43
(a) Such Party is duly organized, validly existing all in good standing under the laws of its

incorporation and has all requisite power and authority to enter into this Agreement.
(b) The execution, delivery and performance by such Party of this Agreement has been

authorized by all necessary and appropriate corporate or Governmental action and a

copy of the extract of the charter documents and board resolution / power of attorney in

favour of the person executing this Agreement for the delegation of power of authority
to execute this Agreement on behalf of the Joint Venture party is annexed to this

Agreement, and will not, to the best of its knowledge:

(i) Require any consent or approval and already obtained.

(ii) Violate any applicable law presently in effect and having applicability to it.
(iii) Violate the Memorandum and Articles of Association, by-laws or other applicable

organizational documents thereof.

(iv)Violate any clearance, permit, concession, grant, license or other Governmental

authorization, approval, Judgement, order or decree or any mortgage agreement,

indenture or any other instrument to which such Party is a Party or by which such

Party or any of its properties or assets are bound or that is otherwise applicable to
such Party; or.

(v) Create or impose any liens, mortgages, pledges, claims, security, interest, charges or
encumbrances or obligations to create a lien, charge, pledge, security, interest,

encumbrances or, mortgage in or on the property of such Party, except for

encumbrances that would not, individually or in the aggregate, have a material

adverse effect on the financial condition or prospects or business of such Party so as

to prevent such Party from fulfilling its obligations under this Agreement.

(c) This Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

(d) There is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Affiliates is a Party that presently affects or which would have a

material adverse effect on the financial condition or prospects or business of such Party
in the fulfilment of its obligations under this Agreement.

9. Termination: This Agreement shall be effective from the date hereof and shall continue

in full force and effect until completion of Defect Liability Period under and in accordance
with the Contract, in case the Project is awarded to the Joint Venture. However, in case

44
 the Joint Venture does not pre-qualify for the Project or does not get selected for award

of the Project, the Agreement will stand terminated in case the Applicant does not pre-
qualify or upon return of the Bid Security by the Authority to the Bidder, as the case may

be.
10. Miscellaneous

a. This Joint Bidding Agreement shall be governed by Laws of India.

b. The Parties acknowledge and accept that this Agreement shall not be amended by

the Parties without the prior written consent of the Accepting Officer.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of LEAD Member by:

SECOND PART

Signature Name Designation Address

Signature Name Designation Address

WITNESS - In the presence 1. 2.

45
 SECTION–5

TECHNICAL SPECIFICATIONS
&
Typical Tender Drawings

46
1.1 Technical Specifications
The technical specification in respects of Civil works shall be as per standard specification
published by CPWD and MORT & H with latest publication in 2019 & 2013 respectively.
Further the other specifications of the material so supplied should be in accordance with the
IS: 16653 – 2017. Besides the execution should be in conformity with the “handbook for Flood
Protection, Anti Erosion & River Training works” issued by the Central Water Commission
GoI & the J&K Public Works Department Engineering Manual 2020.
Link to download CPWD Specifications: https://cpwd.gov.in/Documents/cpwd_publication.aspx

Link to download MORT&H Specifications: https://morth.nic.in

Link to download CWC Flood protection Manual:

https://gfcc.gov.in/sites/default/files/Handbook%20for%20Flood%20Protection%2C%20Anti
%20Erosion%20%26%20River%20Training%20Works.pdf

Link to download J&K Public works Manual:

https://www.jkpwdrb.nic.in/pdfs/PWD%20ENGINEERING%20MANUAL%202020.pdf

1.2 Typical Tender Drawings

47
ADD TYPICAL DRAWINGS HERE

48
ADD TYPICAL DRAWINGS HERE

49
 Section 6 –
General Conditions of Contract

50
 Table of Clauses
A. General

1. Definitions…………………………………………………………………………………..
2. Interpretation………………………………………………………………………………..
3. Language and Law………………………………………………………………………….
4. Engineer‟s Decisions ………………………………………………………………………
5. Delegation ……………………………………………………………………………….
6. Communications ……………………………………………………………………………
7. Subcontracting………………………………………………………………………………
8. Other Contractors………………………………………………………………………..…..
9. Personnel and Equipment……………………………………………………………………
10. Employer‟s and Contractor‟s Risks………………………………………………………….
11. Employer‟s Risks…………………………………………………………………………….
12. Contractor‟s Risks……………………………………………………………………………
13. Insurance……………………………………………………………………………………..
14. Site Investigation Reports……………………………………………………………………
15. Contractor to Construct the Works…………………………………………………………..
16. The Works to Be Completed by the Intended Completion Date…………………………….
17. Designs by Contractor and Approval by the Engineer………………………………………
18. Safety.………………………………………………………………………………………..
19. Discoveries.…………………………………………………………………………………..
20. Possession of the Site.……………………………………………………………………..…
21. Access to the Site…………………………………………………………………………….
22. Instructions, Inspections and Audits………………………………………………………...
23. Appointment of the Adjudicator…………………………………………………………….
24. Procedure for Disputes………………………………………………………………………
B. Time Control
25. Program……………………………………………………………………………………..
26. Extension of the Intended Completion Date………………………………………………..
27. Acceleration………………………………………………………………………………...
28. Delays Ordered by the Engineer……………………………………………………………
29. Management Meetings ……………………………………………………………………..
30. Early Warning………………………………………………………………………………
C. Quality Control
31. Identifying Defects…………………………………………………………………………
32. Tests………………………………………………………………………………………...

51
33. Correction of Defects ……………………………………………………………………...
34. Uncorrected Defects ……………………………………………………………………...
D. Cost Control
35. Contract Price………………………………………………………………………………
36. Changes in the Contract Price ……………………………………………………………...
37. Variations…………………………………………………………………………………..
38. Cash Flow Forecasts……………………………………………………………………….
39. Payment Certificates………………………………………………………………………
40. Payments…………………………………………………………………………………..
41. Compensation Events ……………………………………………………………………
42. Tax………………………………………………………………………………………
43. Currencies……………………………………………………………………………….
44. Price Adjustment………………………………………………………………………..
45. Retention………………………………………………………………………………..
46. Liquidated Damages……………………………………………………………………
47. Advance Payment………………………………………………………………………
48. Securities……………………………………………………………………………….
49. Day works………………………………………………………………………………
50. Cost of Repairs…………………………………………………………………………
E. Finishing the Contract
51. Completion…………………………………………………………………………….
52. Taking Over……………………………………………………………………………
53. Final Account………………………………………………………………………….
54. Operating and Maintenance Manuals …………………………………………………
55. Termination……………………………………………………………………………
56. Fraud and Corruption …………………………………………………………………
57. Payment upon Termination……………………………………………………………
58. Property………………………………………………………………………………..
59. Release from Performance…………………………………………………………….
60. Eligibility………………………………………………………………………………
61. Labor Laws and Regulations………………………………………………………….
62. Environmental Laws and Regulations………………………………………………..
63. Provision of Vehicle…………………………………………………………………..

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 General Conditions of Contract
General
1. Definitions
1.1 Boldface type is used to identify defined terms
(a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for
the execution and completion of the Works and the remedying of any defects
(b) The Activity Schedule is a schedule of the activities comprising the construction,
installation, testing, and commissioning of the Works in a lump sum contract. It includes a
lump sum price for each activity, which is used for valuations and for assessing the effects
of Variations and Compensation Events
(c) The Adjudicator is the person appointed jointly by the Employer and the Contractor to
resolve disputes in the first instance, as provided for in GCC 23.1 hereunder
(d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the
Bid.
(e) Compensation Events are those defined in GCC 41.1 hereunder.
(f) The Completion Date is the date of completion of the Works as certified by the Engineer,
in accordance with GCC 52.1.
(g) The Contract is the Contract between the Employer and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in GCC 2.3 below.
(h) The Contractor is the party whose Bid to carry out the Works has been accepted by the
Employer.
(i) The Contractor’s Bid is the completed bidding document submitted by the Contractor to
the Employer.
(j) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the Contract.
(k) Days are calendar days; months are calendar months.
(l) Dayworks are varied work inputs subject to payment on a time basis for the Contractor‟s
employees and Equipment, in addition to payments for associated Materials and Plant.
(m) A Defect is any part of the Works not completed in accordance with the Contract.
(n) The Defects Liability Certificate is the certificate issued by Engineer upon correction of
defects by the Contractor.
(o) The Defects Liability Period is the period calculated from the Completion Date where the
Contractor remains responsible for remedying defects.
(p) Drawings include calculations and other information provided or approved by the Engineer
for the execution of the Contract.
(q) The Employer is the party who employs the Contractor to carry out the Works, as specified
in the PCC.

53
(r) Equipment is the Contractor‟s machinery and vehicles brought temporarily to the Site to
construct the Works.
(s) Force Majeure as defined in PCC
(t) The Initial Contract Price is the Contract Price listed in the Employer‟s Letter of
Acceptance.
(u) The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the PCC. The Intended
Completion Date may be revised only by the Engineer by issuing an extension of time or an
acceleration order.
(v) Letter of Acceptance means the formal acceptance by the Employer of the Bid and denotes
the formation of the Contract at the date of acceptance.
(w) Materials are all supplies, including consumables, used by the Contractor for incorporation
in the Works.
(x) “Party” means the Employer or the Contractor, as the context requires.
(y) PCC means both Particular Conditions of Contract or Special Conditions of Contract
(z) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or
biological function.
(aa) The Engineer is the person named in the PCC (or any other competent person appointed by
the Employer and notified to the Contractor, to act in replacement of the Engineer) who is
responsible for supervising the execution of the Works and administering the Contract.
(bb) Retention Money means the aggregate of all monies retained by the Employer pursuant to
GCC 45.1.
(cc) The Site is the area defined as such in the PCC.
(dd) Site Investigation Reports are those that were included in the bidding documents and are
factual and interpretative reports about the surface and subsurface conditions at the Site.
(ee) Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer.
(ff) The Start Date is given in the PCC. It is the latest date when the Contractor shall
commence execution of the Works. It does not necessarily coincide with any of the Site
Possession Dates.
(gg) A Subcontractor is a person or corporate body who has a Contract with the Contractor to
carry out a part of the work in the Contract, which includes work on the Site.
(hh) Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.
(ii) A Variation is an instruction given by the Engineer which varies the Works.
(jj) The Works are what the Contract requires the Contractor to construct, install, and turn over
to the Employer, as defined in the PCC.

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2. Interpretations
2.1 In interpreting these GCC, singular also means plural, male also means female or neuter,
and the other way around. Headings have no significance. Words have their normal meaning
under the language of the Contract unless specifically defined. The Engineer shall provide
instructions clarifying queries about these GCC.
2.2 If sectional completion is specified in the PCC, references in the GCC to the Works, the
Completion Date, and the Intended Completion Date apply to any Section of the Works
(other than references to the Completion Date and Intended Completion Date for the whole
of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority:
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor‟s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities (or Schedules of Prices for lump sum contracts), and
(i) any other document listed in the PCC as forming part of the Contract.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the PCC.
4. Engineer’s Decision
4.1 Except where otherwise specifically stated, the Engineer shall decide contractual matters
between the Employer and the Contractor in the role representing the Employer.
5. Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people except to
the Adjudicator, after notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be effective
only when in writing. A notice shall be effective only when it is delivered.
7. Subcontracting
7.1 The Contractor may subcontract with the approval of the Engineer, but may not assign the
Contract without the approval of the Employer in writing. Subcontracting shall not alter the
Contractor‟s obligations. The subcontracting shall not exceed 50% of the total value of
work. The Sub Contractors should have an experience in any one year with in the last 3
years of execution of similar item of construction to an extent of 50% of the quantity

55
 proposed to be executed as a subcontract.
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of Other Contractors, as
referred to in the PCC. The Contractor shall also provide facilities and services for them as
described in the Schedule. The Employer may modify the Schedule of Other Contractors,
and shall notify the Contractor of any such modification.
9. Personnel and Equipment
9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid to
carry out the Works, or other personnel and equipment approved by the Engineer. The
Engineer shall approve any proposed replacement of key personnel and equipment only if
their relevant qualifications or characteristics are substantially equal to or better than those
proposed in the Bid.
9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor‟s
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the work in the Contract.
10. Employer’s and Contractor’s Risk
10.1 The Employer carries the risks which this Contract states are Employer‟s risks, and the
Contractor carries the risks which this Contract states are Contractor‟s risks.
11. Employer’s Risk
11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are
Employer‟s risks:
(a) The risk of personal injury, death, or loss of or damage to property (excluding the Works,
Plant, Materials, and Equipment), which are due to
(i) use or occupation of the Site by the Works or for the purpose of the Works, which is the
unavoidable result of the Works or
(ii) negligence, breach of statutory duty, or interference with any legal right by the Employer or
by any person employed by or contracted to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due
to a fault of the Employer or in the Employer‟s design, or due to war or radioactive
contamination directly affecting the country where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of
loss of or damage to the Works, Plant, and Materials is an Employer‟s risk except loss or
damage due to
(a) aDefectwhich existed on the Completion Date.
(b) an event occurring before the Completion Date, which was not itself an Employer‟s risk,
or.

56
 (c) the activities of the Contractor on the Site after the Completion Date.
12. Contractor’s Risk
12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of
personal injury, death, and loss of or damage to property (including, without limitation, the
Works, Plant, Materials, and Equipment) which are not Employer‟s risks are Contractor‟s
risks.
13. Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts and deductibles stated in the PCC for the following events which are due to the
Contractor‟s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
(d) Materials, and Equipment) in connection with the Contract; and
(e) personal injury or death
If contractor fails to provide insurance within stipulated time, all the losses mention in 13(a),
13(b), 13(c) & 13(d) shall be settled/paid by the contractor.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer
for the Engineer‟s approval before the Start Date. All such insurance shall provide for
compensation to be payable in the types and proportions of currencies required to rectify the
loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer
may effect the insurance which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the
Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies.
14. Site Investigation Reports
14.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports referred to
in the PCC, supplemented by any information available to the Bidder.
15. Contractor to Construct the Works
15.1 The Contractor shall construct and install the Works in accordance with the Specifications
and Drawings.
16. The Works to be completed by the Intended Completion Date
16.1 The Contractor may commence execution of the Works on the Start Date and shall carry out

57
 the Works in accordance with the Program submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.
17. Designs by Contractor and Approval by the Engineer
17.1 The Contractor shall carry out design to the extent specified in the PCC.
The Contractor shall promptly submit to the Employer all designs prepared by him. Within
14 days of receipt, the Employer shall notify any comments. The Contractor shall not
construct any element of the permanent work designed by him within 14 days after the
design has been submitted to the Employer or where the design for that element has been
rejected. Design that has been rejected shall be promptly amended and resubmitted. The
Contractor shall resubmit all designs commented on taking these comments into account as
necessary.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer, who is to approve them if they comply with the Specifications and
Drawings.
17.4 The Engineer‟s approval shall not alter the Contractor‟s responsibility for design of the
Temporary Works.
17.5 The Contractor shall obtain approval of third parties to the design of the Temporary Works,
where required.
17.6 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer before this use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the Site as specified in
the PCC.
19. Discoveries
19.1 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 take reasonable
precautions to prevent Contractor‟s Personnel or other persons from removing or damaging
any of these discoveries. The Contractor shall notify the Engineer of such discoveries and
carry out the Engineer‟s instructions for dealing with them.
20. Possession of the Site
20.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of
a part is not given by the date stated in the PCC, the Employer shall be deemed to have
delayed the start of the relevant activities, and this shall be a Compensation Event.
21. Access of the Site
21.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access
to the Site and to any place where work in connection with the Contract is being carried out

58
 or is intended to be carried out.
22. Instructions, Inspections and Audits
22.1 The Contractor shall carry out all instructions of the Engineer which comply with the
applicable laws where the Site is located.
22.2 The Contractor shall permit the Employer to inspect the Contractor‟s accounts, records and
other documents relating to the submission of bids and contract performance and to have
them audited by auditors appointed by the Employer. The Contractor shall maintain all
documents and records related to the Contract for a period of three (3) years after
completion of the Works. The Contractor shall provide any documents necessary for the
investigation of allegations of fraud, collusion, coercion, or corruption and require its
employees or agents with knowledge of the Contract to respond to questions from the
Employer.
23. Appointment of the Adjudicator
23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the time
of the Employer‟s issuance of the Letter of Acceptance. If, in the Letter of Acceptance, the
Employer does not agree on the appointment of the Adjudicator, the Employer will request
the Appointing Authority designated in the PCC, to appoint the Adjudicator within 14 days
of receipt of such request.
23.2 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that
the Adjudicator is not functioning in accordance with the provisions of the Contract, a new
Adjudicator shall be jointly appointed by the Employer and the Contractor. In case of
disagreement between the Employer and the Contractor, within 30 days, the Adjudicator
shall be designated by the Appointing Authority at the request of either party, within 14 days
of receipt of such request.
24. Procedure for Disputes
24.1 If the Contractor believes that a decision taken by the Engineer was either outside the
authority given to the Engineer by the Contract or that the decision was wrongly taken, the
decision shall be referred to the Adjudicator within 14 days of the notification of the
Engineer‟s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of
a dispute. If the adjudicator fails to give its decision with in the period of 28 days of the
receipt of a notification of a dispute, either party may with in 28 days of the expiration of the
above mentioned period, give notice to the other party of its dissatisfaction and intention to
commence arbitration.
24.3 The Adjudicator shall be paid the daily allowance at the rate specified in the PCC, together
with reimbursable expenses of the types specified in the PCC, and the cost shall be divided
equally between the Employer and the Contractor, whatever decision is reached by the

59
 Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28
days of the Adjudicator‟s written decision. Neither party shall be entitled to commence
arbitration of a dispute unless a notice of dissatisfaction has been served in accordance with
the GCC 24.2 above. If neither party refers the dispute to arbitration within the above
28 days, the Adjudicator‟s decision shall be final and binding. In the event that a party fails
to comply with the decision of the adjudicator which has become final and binding, then the
other party may without prejudice to any other rights it may have, refer the failure itself to
arbitration.
24.4 The arbitration shall be conducted in accordance with the arbitration procedures published
by the institution named and in the place specified in the PCC.

Time Control
25. Program
25.1 Within the time stated in the PCC, after the date of the Letter of Acceptance, the Contractor
shall submit to the Engineer for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in the Activity Schedule.
25.2 An update of the Program shall be a program showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
25.3 The Contractor shall submit to the Engineer for approval an updated Program at intervals no
longer than the period stated in the PCC. If the Contractor does not submit an updated
Program within this period, the Engineer may withhold the amount stated in the PCC from
the next payment certificate and continue to withhold this amount until the next payment
after the date on which the overdue Program has been submitted. In the case of a lump sum
contract, the Contractor shall provide an updated Activity Schedule within 14 days of being
instructed to by the Engineer.
25.4 The Engineer‟s approval of the Program shall not alter the Contractor‟s obligations. The
Contractor may revise the Program and submit it to the Engineer again at any time. A
revised Program shall show the effect of Variations and Compensation Events.
26. Extension of the Intended Completion Date
26.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or
a Variation is issued which makes it impossible for Completion to be achieved by the
Intended Completion Date without the Contractor taking steps to accelerate the remaining
work, which would cause the Contractor to incur additional cost.
26.2 The Engineer shall decide whether and by how much to extend the Intended Completion
Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a

60
 Compensation Event or Variation and submitting full supporting information. If the
Contractor has failed to give early warning of a delay or has failed to cooperate in dealing
with a delay, the delay by this failure shall not be considered in assessing the new Intended
Completion Date.
27. Acceleration
27.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the
Engineer shall obtain priced proposals for achieving the necessary acceleration from the
Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be
adjusted accordingly and confirmed by both the Employer and the Contractor.
27.2 If the Contractor‟s priced proposals for an acceleration are accepted by the Employer, they
are incorporated in the Contract Price and treated as a Variation.
28. Delayed Ordered by the Engineer
28.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within
the Works.
29. Management Meetings
29.1 Either the Engineer or the Contractor may require the other to attend a management meeting.
The business of a management meeting shall be to review the plans for remaining work and
to deal with matters raised in accordance with the early warning procedure.
29.2 The Engineer shall record the business of management meetings and provide copies of the
record to those attending the meeting and to the Employer. The responsibility of the parties
for actions to be taken shall be decided by the Engineer either at the management meeting or
after the management meeting and stated in writing to all who attended the meeting.
30. Early Warnings
30.1 The Contractor shall warn the Engineer at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the quality of the work, increase the
Contract Price, or delay the execution of the Works. The Engineer may require the
Contractor to provide an estimate of the expected effect of the future event or circumstance
on the Contract Price and Completion Date. The estimate shall be provided by the
Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Engineer in making and considering proposals for
how the effect of such an event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting instruction of the Engineer.
Quality Control
31. Identifying Defects
31.1 The Engineer shall check the Contractor‟s work and notify the Contractor of any Defects
that are found. Such checking shall not affect the Contractor‟s responsibilities. The Engineer
may instruct the Contractor to search for a Defect and to uncover and test any work that the

61
 Engineer considers may have a Defect.
32. Tests
32.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification
to check whether any work has a Defect and the test shows that it does, the Contractor shall
pay for the test and any samples. If there is no Defect, the test shall be a Compensation
Event.
32.2 Contractor will establish field lab within one month of the date of signing the contract so
that construction material tests at site during construction can be done as directed by
Engineer in charge. Necessary Apparatus are given below:
(a) Sieve Set. (b) Balance electronic (c) Slump Cone (d) Vicat Apparatus
(e) Cube Moulds- 150mm ×150 mm (f) Hydrometer (g) Vibrator (h) Stop Watch
(i) Calculator etc.
33. Correction of Defects
33.1 The Engineer shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion, and is defined in the PCC. The
Defects Liability Period shall be extended for as long as Defects remain to be corrected
33.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect
within the length of time specified by the Engineer‟s notice.
34. Uncorrected Defects
34.1 If the Contractor has not corrected a Defect within the time specified in the Engineer‟s
notice, the Engineer shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.
Cost Control
35. Contract Price
35.1 In the case of an item rate contract, the Bill of Quantities shall contain priced items for
the Works to be performed by the Contractor.
The Bill of Quantities is used to calculate the Contract Price. The Contractor will be
paid for the quantity of the work accomplished at the rate in the Bill of Quantities for
each item.
36. Changes in the Price
36.1 In the case of an item rate contract:
(a) If the final quantity of the work done is in excess of the quantity in the Bill of
Quantities for the particular item by more than 20%, the Engineer shall adjust the rate
to be applied for the varied quantities with the prior approval of the Employer.
(b) The Engineer shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded, except with the prior approval of the Employer.
(c) If requested by the Engineer, the Contractor shall provide the Engineer with a detailed

62
 cost breakdown of any rate in the Bill of Quantities.
37. Variations
37.1 All Variations shall be included in updated Programs, and, in the case of a lump sum
contract, also in the Activity Schedule, produced by the Contractor.
37.2 In the case of an item rate contract, if the work in variation requires an adjustment of
rate to be applied to varied quantities in accordance with GCC 36, the Engineer shall
apply the least of the following rates for the varied quantities, (i) prevalent market
rates, (ii) the rates as per the J&KSchedule of rates (iii) rates in the Bill of Quantities
for the item under consideration.
37.3 In the case of an item rate contract, if the work in the Variation requires addition of
particular extra items in the Bill of Quantities, the rates for such extra items shall be in
the form of new rates for the relevant items of work decided from the J&K Schedule of
Rates.
38. Cash Flow Forecasts
38.1 When the Program, or, in the case of a lump sum contract, the Activity Schedule, is
updated, the Contractor shall provide the Engineer with an updated cash flow forecast.
39. Payment Certificates
39.1 The Contractor shall submit to the Engineer monthly statements of the estimated value
of the work executed less the cumulative amount certified previously.
39.2 The Engineer shall check the Contractor‟s monthly statement and certify the amount to
be paid to the Contractor.
39.3 The value of work executed shall be determined by the Engineer.
39.4 The value of work executed shall comprise:
(a) In the case of an item rate contract, the value of the quantities of work in the Bill of
Quantities that have been completed; or
(b) In the case of a lump sum contract, the value of work executed shall comprise the
value of completed activities in the Activity Schedule.
39.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
39.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
40. Payments
40.1 Payments shall be adjusted for deductions due to advance payments, security deposit,
other recoveries in terms of the contract and taxes at source, as applicable under the
law. The Employer shall pay the contractor the amounts Engineer had certified within
14 days of the date of each certificate.

63
40.2 The Authorized Representative of the employer shall make the payment certified by
the Engineer.
40.3 Items of the work for which no rate or price has been entered in the Bill of quantities
will not be paid for by the employer and shall be deemed to be covered by other rates
and prices in the contract.
40.4 Department shall not be responsible for non- release or delayed release of funds. No
interest shall be paid for delayed payment.
40.5 With respect to materials brought by the Contractor to the Site for incorporation in the
Permanent Works, the Contractor shall (i) receive a credit in the month in which these
materials are brought to the Site and (ii) be charged a debit in the month in which they
are incorporated in to the Permanent Works, both such credit and debit to be
determined by the Engineer in accordance with the following provisions;
(a) no credit shall be given unless the following conditions shall have been met to the
Engineer‟s satisfaction;
(i) the materials is in accordance with the specifications for the Works.
(ii) the materials have been delivered to the Site and are properly stored (bulk materials are
to be stored in measurable stocks) and protected against loss, damage or deterioration.
(iii) the Contractor‟s records of the requirements, orders receipts and use of materials is
kept in a form approved by the Engineer, and such records are available for inspection
by the Engineer.
(iv) only the materials for which payment has been made by the Contractor shall be
considered for advance. Where the materials are supplied from the Contractor‟s
captive source, the reasonableness of the valuation of such materials shall be furnished
by the Contractor. The materials brought on credit to the Site shall not be considered
for advance.
(v) the Contractor has submitted a statement of his cost of acquiring and delivering the
materials to the Site together with paid vouchers and other such documents as may be
required for the purpose of evidencing such cost.
(vi) the material shall be incorporated or used within 90 days period.
(b) the amount to be credited to the Contractor shall be the equivalent of75 percent of the
Contractor‟s reasonable cost of the materials delivered to the Site, after review of the
documents listed in sub paragraph (a) (v) above, as determined by the Engineer.
Provided further, the advance shall not exceed 75 percent of the corresponding value of
materials determined on the basis of the BOQ rates.
(c) the amount to be debited to the Contractor for any materials incorporated into the
Permanent Works shall be equivalent to the credit previously granted to the Contractor
for such materials pursuant to sub-para (b) above, as determined by the Engineer.

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41. Compensation Events
41.1 The following shall be Compensation Events:
(a) The Employer does not give access to a part of the Site by the Site Possession Date
pursuant to GCC 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that affects the
work of the Contractor under the Contract.
(c) The Engineer orders a delay or does not issue Drawings, Specifications, or instructions
required for execution of the Works on time beyond 21 days from the date of request.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon
work, which is then found to have no Defects.
(e) The Engineer unreasonably does not approve a subcontract to be let beyond 28 days
from request alongwith requisite details of sub-contractor
(f) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from information available publicly
and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by
the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not work within
the dates and other constraints stated in the Contract, and they cause delay or extra cost
to the Contractor.
(i) The effects on the Contractor of any of the Employer‟s Risks.
41.2 If a Compensation Event would prevent the Works being completed before the
Intended Completion Date, the Intended Completion Date shall be extended. The
Engineer shall decide whether and by how much the Intended Completion Date shall
be extended after the approval of the employer.
41.3 The compensation event effects shall be compensated by granting suitable extension of
time based on merit & there shall be no cost claim whatsoever be it idling of men &
machinery or in any other form. The contractor shall price his bids to consider all
eventualities whatsoever.
41.4 The Contractor shall not be entitled to compensation to the extent that the Employer‟s
interests are adversely affected by the Contractor‟s not having given early warning or
not having cooperated with the Engineer.
42. Tax
42.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and
other levies, duties, royalties, cess, toll, taxes of Central and UT Governments, local
bodies and authorities that the Contractor will have to pay for the performance of this

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 Contract. The Employer will perform such duties in regard to the deduction of such
taxes at source as per applicable law.

43. Currencies
43.1 Where payments are made in currencies other than the currency of the Employer‟s
country specified in the PCC, the exchange rates used for calculating the amounts to be
paid shall be the exchange rates stated in the Contractor‟s Bid.
44. Price Adjustment
Deleted.
45. Retention
45.1 The Employer shall retain from each payment due to the Contractor the proportion
stated in the PCC until Completion of the whole of the Works.
45.2 The total amount retained shall be repaid to the Contractor when the Defect Liability
Period has passed and the Engineer has certified that all Defects notified by the
Engineer to the Contractor before the end of this period have been corrected. The
Contractor may substitute retention money with an “on demand” bank guarantee.
46. Liquidated Damages
46.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated
in the PCC for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount
defined in the PCC. The Employer may deduct liquidated damages from payments due
to the Contractor. Payment of liquidated damages shall not affect the Contractor‟s
liabilities.
46.2 The If the Intended Completion Date is extended after liquidated damages have been
paid, the Engineer shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate.
47. Advance Payment
Deleted.
48. Securities
48.1 The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in an amount specified in the
PCC, from reputable local banks including scheduled banks or nationalized banks
acceptable to the Employer. The Performance Security shall be valid until 28 days
from the date of issuance of the Certificate of Completion.
49. Dayworks
49.1 If applicable, the Dayworks rates in the Contractor‟s Bid shall be used for small
additional amounts of work only when the Engineer has given written instructions in

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 advance for additional work to be paid for in that way.
49.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms
approved by the Engineer. Each completed form shall be verified and signed by the
Engineer within two days of the work being done.
49.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks
forms.
50. Cost of Repairs
50.1 Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Correction periods shall be remedied by the
Contractor at the Contractor‟s cost if the loss or damage arises from the Contractor‟s
acts or omissions.
Finishing the Contract
51. Completion
51.1 The Contractor shall request the Engineer to issue a certificate of Completion of the
Works, and the Engineer shall do so upon deciding that the work is completed.
52. Taking Over
52.1 The Employer shall take over the Site and the Works within seven days of the
Engineer‟s issuing a certificate of Completion.
53. Final Account
53.1 The Contractor shall supply the Engineer with a detailed account of the total amount
that the Contractor considers payable under the Contract before the end of the Defects
Liability Period. The Engineer shall issue a Defects Liability Certificate and certify
any final payment that is due to the Contractor within 56 days of receiving the
Contractor‟s account if it is correct and complete. If it is not, the Engineer shall issue
within 56 days a schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the
Engineer shall decide on the amount payable to the Contractor and issue a payment
certificate.
54. Operating and Maintenance Manuals
Deleted.
55. Termination
55.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
55.2 Fundamental breaches of Contract shall include, but shall not be limited to, the
following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the
current Program and the stoppage has not been authorized by the Engineer;

67
(b) the Engineer instructs the Contractor to delay the progress of the Works, and the
instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for
a reconstruction or amalgamation;
(d) a payment certified by the Engineer is not paid by the Employer to the Contractor
within 84 days of the date of the Engineer‟s certificate;
(e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of
time determined by the Engineer;
(f) the Contractor does not maintain a Security, which is required; and
(g) the Contractor has delayed the completion of the Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in the PCC.
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract, pursuant to GCC 57.1.
55.3 When either party to the Contract gives notice of a breach of Contract to the Engineer
for a cause other than those listed under GCC 56.2 above, the Engineer shall decide
whether the breach is fundamental or not.
55.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
55.5 If the Contract is terminated, the Contractor shall stop work immediately, make the
Site safe and secure, and leave the Site as soon as reasonably possible.
56. Fraud and Corruption
56.1 Government of J&K requires the Employer, as well as Contractors, Subcontractors,
manufacturers, and Consultants; observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuit of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
(ii) 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;
(iii) “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;
(iv) “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of another
party; and
(b) will penalize a firm or an individual, at any time, in accordance with rules and Policy

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 of the Govt. and Integrity Principles and Guidelines, including declaring ineligible,
either indefinitely or for a stated period of time, to participate in Government of J&K-
administered activities or to benefit from an Government of J&K-financed or
Government of J&K-administered contract, financially or otherwise, if it at any time
determines that the firm or individual has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, or coercive or other prohibited practices.
57. Payment and Termination
57.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a certificate for the value of the work done and
Materials brought to site, less advance payments received up to the date of the issue of
the certificate, less performance security, less any other recoveries in terms of contract
and the less the percentage to apply to the value of the work not completed, as
indicated in the PCC. If the total amount due to the Employer exceeds any payment
due to the Contractor, the difference shall be a debt payable to the Employer.
57.2 If the Contract is terminated for the Employer‟s convenience or because of a
fundamental breach of Contract by the Employer, the Engineer shall issue a certificate
for the value of the work done, Materials ordered, the reasonable cost of removal of
Equipment, repatriation of the Contractor‟s personnel employed solely on the
Contractor‟s costs of protecting and securing the Works, and less advance payments
received up to the date of the certificate.

58. Property
58.1 Consequent to termination of the contract because of a fundamental breach of Contract
by the Contractor, the Employer shall give notice that the Contractor‟s Equipment and
Temporary Works will be released to the Contractor at or near the Site. The Contractor
shall promptly arrange their removal, at the risk and cost of the Contractor. However,
if the Contractor fails to make a payment due to the Employer, all Materials on the
Site, Plant, Equipment, Temporary Works, and Works may be sold by the Employer in
order to recover this payment. Any balance of the proceeds shall then be paid to the
Contractor.
59. Release from Performance
59.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Contractor, the Engineer shall certify
that the Contract has been frustrated. The Contractor shall make the Site safe and stop
work as quickly as possible after receiving this certificate and shall be paid for all work
carried out before receiving it and for any work carried out afterwards to which a
commitment was made.

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60. Eligibility
60.1 The Contractor, subcontractors or suppliers for any part of the contract including
related services shall have the nationality of India.
60.2 The materials, equipment and services to be supplied under the Contract shall have
their origin in source countries not under sanction by the Government of India. All
expenditures under the Contract will be limited to such materials, equipment, and
services. At the Employer‟s request, the Contractor may be required to provide
evidence of the origin of materials, equipment and services.
60.3 For purposes of GCC 61.2, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the services
are provided. Materials and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a commercially
recognized product results that differs substantially in its basic characteristics or in
purpose or utility from its components.
61. Labor Laws and Regulations
61.1 The Contractor shall comply with all relevant labor laws and regulations applicable to
the Contractor‟s personnel.
61.2 The Contractor shall provide equal wages and benefits to men and women for work of
equal value or type.
61.3 The Contractor shall not employ any child to perform work, including work that is
economically exploitative, or is likely to be hazardous to, or to interfere with, the
child‟s education, or to be harmful to the child‟s health or physical, mental, spiritual,
moral, or social development. “Child” means a child below the statutory minimum age
of 18 Years.
61.4 The Contractor shall not employ “forced and compulsory labour” in any form. “Forced
or compulsory labour consists of all works or service, not voluntary performed that is
extracted from an individual under threat or force or penalty.
61.5 Contractor shall comply with the specific labour regulations as stated in the PCC.
61.6 Breach by the Contractor of any of the provisions stated in Sub-Clause GCC 18.1,
GCC 62.2, GCC 62.3, GCC 62.5 and GCC 62.5, stated above, will be a ground for the
Employer to terminate the Contract.
62. Environmental Laws and Regulations
62.2 The Contractor shall comply with all applicable national, provincial, and local
environmental laws and regulations. The Contractor shall comply with the specific
environment monitoring requirements as stated in the PCC.
63. Provision of Vehicle: The contractor will have to provide One (01) new air
conditioned vehicle (SUV) throughout the contract period for execution of said work

70
for the use of Employer/ Engineer from 08 am to 08 pm for 25 days in a month and
1600 Kms per month. This vehicle will be used for the work related to the contract.
Necessary expenses against the fuel/ oil/ driver/ maintenance etc shall be borne by the
contractor. In case the contractor does not provide the vehicle during the contract
period, the employer will make the arrangement at the cost of the contractor and the
expenses thereof shall be recoverable from the contractor‟s dues.

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 Section 7

Particular Conditions of Contract

Or
Special Conditions of Contract
The following Particular Conditions of Contract shall supplement the GCC. Whenever
there is a conflict, the provisions herein shall prevail over those in the GCC.

72
 Particular Conditions of Contract

A.General

GCC1.1(q) The Employer is:

Jal Shakti Department, Government of Jammu and Kashmir
through
(Chief Engineer, I&FC Kashmir Rajbagh Srinagar )
GCC 1.1(s) Force Majeure
If, at any time during the currency of the contract, the performance of any obligation (in whole or in
part) by the Engineer-in-Charge or the Contractor shall be prevented or delayed by reason of any
war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution, insurrection, civil
commotion, sabotage, large scale arson, large scale epidemics, nuclear accidents, any other
catastrophic unforeseeable circumstances, quarantine restrictions, any statutory, rules, regulations,
orders or requisitions issued by a Government Department or competent authority(hereinafter
referred to as "event”) then, provided notice of the happening of such an event is given by either
party to the other within 21 days of the occurrence thereof.
Notwithstanding what is contained above high-water level or flood situation or the consequent
damage thereof shall not be classified as an event under for the purpose of interpreting this clause.
i) Neither party by reason of such event be entitled to terminate the contract or have claim for
damages against the other in respect of such non-performance or delay in performance.
ii) The obligations under the contract shall be resumed as soon as practicable after the event
has come to an end or ceased to exist.
iii) If the performance in whole or part of any obligation under the contract is prevented or
delayed by reason of the event beyond a period of 180 days, the contract may be fore-
closed with mutual consent by giving a notice of 30 days without any repercussions on
either side.
iv) In case of doubt or dispute, whether a particular occurrence should be considered an
“event” as defined under this clause, the decision of the Chief Engineer shall be final and
binding.
v) Works that have already been measured shall be paid for by the Engineer even if the same is
subsequently destroyed or damaged as a result of the event except for flood. The cost of
rebuilding or replacing any work that has been measured shall be borne by the Department.
vi) If the contract is fore-closed under this clause, the Contractor shall be paid fully for the work
done under the contract, but not for any defective work or work done which has been
destroyed or damaged before its measurement. The Engineer shall have the option to take
over any plant and material lying at site, at rates provided for in the contract, failing that, as
per rates which are determined to be fair and reasonable by the Engineer.
vii) If no notice is issued by either party regarding the event within 21 days of occurrence, the
said event shall be deemed not to have occurred and the contract will continue to have
effect as such.

GCC1.1(u) The Intended Completion Date for the whole of the Works shall be (Insert Number) Months from the
start date with the following mile stones.

73
 Mile stone* Value of Contract to Period from the date of start of work
be achieved
th
Mile stone1 1/8th 1/4 of intended completion period**
th
Mile stone2 3/8th 1/2of intended Completion period** Full3/4

Mile stone3 3/4th intended completion period**

Rest of the work within remaining period

**Intended completion period shall be the period between the Start Date and Intended Completion
Date.
GCCs1.1(aa) The Engineer is :(Executive Engineer, Irri. & Flood Control Division Sumbal)
&4.1
GCC1.1(cc) (Site is located in District Bandipora at tehsil Sumbal / tehsil Hajin).

GCC1.1(ff) The Start Date shall be 21 days from the date of issue of the notice to proceed with the work.
The notice to proceed shall be issued within 21 days of signing of agreement.

GCC1.1(jj) (Insert Work Details:

a) Construction of toe wall with stone pitching on LP Bund of River Jhelum at
Dangerpora RD 94.000 -94.250 KM (L= 250 Mtrs), LP Bund of River Jhelum U/S
Shadipora Bridge RD 96.848-97.000 KM, LP Bund of River Jhelum Wangipora
Opposite Grid Station RD 101.700-101.820 KM, RP Bund of River Jhelum at RD
95.680-95.800 KM (Length = 120 Mtrs).
b) Construction of toe wall with stone pitching on LP Bund of River Jhelum (D/S Hajin
Bridge RD 114.330-114.400 KM, Khumina RD 108.740 KM, Baharabad RD 109.400-
109.472 KM, D/S Hajin Bridge RD 114.265-114.300 KM ), RP Bund of River Jhelum
(Checki Chandergeer RD 114.810-114.912 KM, Checki S.K Bala RD 115.660-
115.730), & on Paribal Nallah RD 3.930-4.030 KM.
c) Slope Stabilisation by revetment with Geo Materials on R/S of River Jhelum (Galibal
U/S Sadunara RD 116.900-117.027 KM, D/S Sadunara RD 117.600-117.725 KM,
Zoonipora Hakabara RD 110.600-110.720 KM) and L/S of River Jhelum (Baharabad
RD 109.400-110.200 KM, Ladipora RD 119.700-119.820 KM, at Dagga Mohalla RD
96.320 -96.380 KM (Length = 60 Mtrs), at Sumbal Market RD 103.250-103.310 KM
(Length = 60 Mtrs),
d) Construction of Spurs on L/S of River Jhelum at RD 108.22 and RD 109.00 KM.
GCC2.2 Sectional Completions are:(Applicable)

GCC2.3(i) (Allotment/ Work Order)

GCC3.1 The language of the contract is English

The law that applies to the Contract is the law of India

GCC8.1 Schedule of other contractors: will be informed if required

GCC13.1 The minimum insurance amounts and deductibles shall be:

(a) For the Works, Plant and Materials: Full replacement cost

(b) For loss or damage to Equipment: Full replacement / repair cost

(c) For loss or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with Contract: Full replacement/ repair cost

(d) For personal injury or death:

(i) Of the Contractor’s employees/ other people:

The minimum insurance cover for Third Party Liability Insurance injury andfordeathshall be governed
by the Law of the land and the contractor shall comply with the same.

GCC14.1 Site Investigation Reports are: (Not Applicable)

74
GCC17.1 The following shall be designed by the Contractor:(Not Applicable )

GCC18.1 The Contractor shall:

a) Comply with all applicable safety regulations;
b) Take care for the safety of all persons entitled to be on the Site;
c) Use reasonable efforts to keep Site and Works clear of unnecessary obstructions so as
to avoid danger to these persons;
d) Provide fencing, lighting, guarding and watching of the works until completion and
taking over and
e) Provide any Temporary Works (including road ways, footpaths, guards and fences), which
may be necessary, because of the execution of the Works, for the use and protection of
the public and owners and occupiers of adjacent land.
The Contractor shall at all times all reasonable precautions to maintain the health and safety of
Contractor’s Personnel. In collaboration with local health authorities, the Contractor shall ensure
availability of first aid facilities, medical staff, sick bay and allnecessary welfare and hygiene
requirements and for the prevention of epidemics to include: (i) provision for a sufficient supply of
suitable food, (ii) adequate supply of drinking water and other water for the use of the
Contractor’s Personnel, and (iii) protection from insect and pest nuisance.
The Contractor shall conduct health and safety programs for workers employed for the project, and
shall include information on the risks of sexually transmitted diseases, including HIV/ AIDs in such
programs.

GCC20.1 The Site Possession Date(s) shall be: The Start Date

GCC23.1 The Appointing Authority shall be: The Administrative Secretary,Jal shakti Deptt , UT of J&K

GCC24.3 The Adjudicator shall be paid fees as shall be decided by the competent authority per day of visit/
meeting together with reimbursement of expenditure on travel as per actual.

GCC24.4 Arbitration shall be carried out in accordance with the following procedures.
Contracts with domestic contractors:
The Arbitration proceedings shall be in accordance Arbitration and Conciliation Act. 2015.
Arbitral Tribunal consisting of 3 Arbitrators one each to be appointed by the Employer and the
Contractor and the third Arbitrator to be chosen by the two Arbitrators so appointed by the Parties
to act as Presiding arbitrator, shall be considered. In case of failure of the two Arbitrators appointed
by the parties to reach upon a consensus within a period of 30 days from the appointment of the
Arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the Executive
Council, Indian Roads Congress.
(a) Arbitration proceedings shall be held at Srinagar J&K, India, and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
(b) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost
and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal.
However, the expenses incurred by each party in connection with the preparation,
presentation, etc. of its proceedings as also the fees and expenses paid to the arbitrator
appointed by such party or on its behalf shall be borne by each party itself.
(c) Performance under the contract shall continue during the arbitration proceedings and
payments due to the Contractor by the Employer shall not be withheld, unless they are the
subject matter of the arbitration proceedings.

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 B.Time Control

GCC25.1 The Contractor shall submit for approval a Program for the Works within 15 days from the date of
the Letter of Acceptance and the Program shall be a part of the contract.

GCC25.3 The period between Program updates is 60 days.

The amount to be with held for late submission of an updated Program is Rs. 10.00 Lakhs.

C. Quality Control
GCC33.1 The Defects Liability Period is : 18 months

D.Cost Control
GCC43.1 The currency of the Employer’s country is : Indian Rupees. All payments to the contractors shall be
made in Indian Rupees.
GCC44.1 Deleted
& 44.2

GCC45.1 The proportion of payments retained is 10% from each bill, subject to a maximum of 5% of the
Final contract price.

GCC46.1 The liquidate damages for the whole of the Works is 0.35% per week of the initial contract price,
rounded off to the nearest thousand, per day.
The maximum amount of liquidated damages for the whole of the works is 10% of the Initial
Contract Price.

GCC48.1 5% of the Contract Price or Estimated Cost of Works whichever is higher

(No Provision for Additional Performance Security shall be kept in case of Abnormally Low Bids as
per standing Instructions of Finance Deptt., UT of J&K )

E. Finishing the Contract

GCC54.1 Deleted

GCC54.2 Deleted

GCC55.2(g) The maximum number of weeks: 10 weeks

GCC61.5 Labour
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for
the engagement of all staff and labour, local or other, and for their payment, housing, feeding and
transport. The unskilled and semiskilled labour of the Union territory of J&K shall be given
preference for deployment on projects. 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.
Compliance with Labour Regulations
During continuance of the contract, the Contractor and his sub-Contractors shall abide at all times
by all existing labour enactments and 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 the Central Government or the local authority. Salient features of
some of them major labour laws that are applicable to construction industry are given below.
The Contractor shall keep the Employer indemnified in case any action is taken against the
Employer

76
By the competent authority on account of contravention of any of the provisions of any Act or rules
made there 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 any money due to theContractor 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.

Salient Features of Some Major Labour Laws Applicable to Establishments Engaged in Building
and Other Construction Work.

a) Work men 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 onsatisfaction
of certain conditions on separation if an employee has completed 5 years’ service or more or
on death the rate of 15 days wages for every completed year of service. The Act is applicable to
all establishments employing 10 or more employees.

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the employer plus workers @ 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 etc.

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

e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the Contractor fails
to provide, the same are required to be provided, by the Principal Employer by Law. The
Principal Employer is required to take Certificate of Registration and the Contractor is required
to take license from the designated Officer. The Act is applicable to the establishments or
Contractor of Principal Employer if they employ 20 or more contract labour.
f) Minimum Wages Act 1948: The Employer is supposed to pay not less than the Minimum Wages
fixed by appropriate Government as per provisions of the Act if the employment is a scheduled
employment. Construction of Buildings, Roads, Runways are scheduled employments.

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

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

i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more
employees. TheAct provides for payments of annual bonus subject to aminimum of 8.33% of
wages and maximum of 20% of wages to employees drawing Rs.3500/-per month or less. The
bonus to be paid to employees getting Rs.2500/- permonth or above upto Rs.3500/- per month
shall be worked out by taking wages as Rs.2500/-per month only. The Act does not apply to
certain establishments. The newly set-up establishments are exempted for five years in certain
circumstances. Some of the State Governments have reduced the employment size from 20 to
10 for the purpose of applicability of this Act.

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

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

employing 100 or more workmen (employment size reduced by some ofthe States and Central
Government to 50). The Act provides for laying down rules governing the conditions of
employment by the Employer on matters provided in the Act and get the same certified by the
designated Authority.

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 ofchildren
below 14 years of age in certain occupations and processes and provides forregulation of
employment ofchildren in all otheroccupationsand processes. EmploymentofChildLabouris
prohibitedinBuilding andConstructionIndustry.
n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act
1979: The Act is applicable to an establishment which employs 5 or more inter-state migrant
workmen through an intermediary (who has recruited workmen in one state for employment
in the establishment situated in another state). The Inter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, travelling expenses from home upto the establishment
and back, etc.
o) The Building and Other Construction workers (Regulation of Employment andConditions of
Service) Act 1996 and the Cess Act of 1996: All the establishments who carry on any building
or other construction work and employs 10 or more workersare covered under this Act. All
such establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be modified by the Government.
The Employer of the establishment is required to provide safety measures at the Building or
construction work and other welfare measures, such as Canteens, First-Aid facilities,
Ambulance, Housing accommodations for workers near the work place etc. The Employer to
whom the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government.
p) Factories Act 1948: The Act lays down the procedure for approval at plans before settingup a
factory, health and safety provisions, welfare provisions, working hours, annual earned leave
and rendering information regarding accidents or dangerous occurrences to designated
authorities. It is applicable to premises employing 10 persons or more with aid of power or 20
or more persons without the aid of power engaged in manufacturing process.
Noise and Disturbance
All Works shall be carried us without unreasonable noise and disturbance. The Contractor shall
indemnify and keep indemnified the Employer from and against any liability for damages on
account of noise or other disturbance created while or in carrying out the Works and from and
against all claims, demands, proceedings, damages, costs, changes and expenses whatsoever in
regard or in relation to such liability.

Pollution
The Contractor shall take all reasonable steps to protect the environment (both on and offthe site)
to avoid adverse impacts; limit the damage and nuisance to people and property resulting from
pollution, noise and other results of his operations.
The Contractor shall insure the emissions, surface discharges and effluents from Contractor’s
activities shall not exceed values stated in the Specifications or prescribed by applicable Laws.
Subject and without prejudice to any other provision of the Contract and the law of the land

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And its obligations as applicable the Contractor shall take all reasonable precaution.
a) Procurement and renewal of the NOC from State Pollution Control Board, till the expiry of the
Contract will be the sole responsibility of the Contractor. The Employer shall be indemnified against
any claim arising out of non-obtaining of the NOC by the Contractor.
b) Procurement and renewal of the NOC if any required, till the expiry of the Contract will be the sole
responsibility of the Contractor. The Employer shall be-indemnified against any claim arising out of
non-obtaining of the NOC by the Contractor.
c) Procurement and renewal of the NOC from the Department of Geology and Mines, till theexpiry of
the Contract will be the sole responsibility of the Contractor. The Employer shall be-indemnified
against any claim arising out of non-obtaining of the NOC by the Contractor. The Royalty charges if
any shall have to be paid by the contractor towards Geology & Mining Department at his own and
consideration cost against the material towards I & Flood Control Division Sumbal.
d) in connection with rivers, streams, waterways, drains, water-courses, lakes, reservoirs andtheliketo
prevent:
i) Silting:
ii) Erosion of their beds or banks: and
iii) Pollution of the water so as to affect adversely the quality or appearance thereof of cause
injury or death to animal and plant life.
e) In connection with underground water resources including percolating water to prevent:
i) Any interference with the supply to or obstruction from such sources; and
ii) Pollution of the water so as to affect adversely the quality thereof.

The Apprentices Act 1961

The Contractor shall duly comply with the provisions of theApprentices Act 1961 (III of 1961) the rules
made thereunder word and any order that may be issued from time to time under the said Act and the
said Rules and on his failure or neglect to do so be shall be subject to all liabilities and penalties provided
by the said Act and the said rules.

Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential, save in so far as
may be necessary for the purposes thereof, and shall not publish or disclose the same or any
particulars thereof in any trade or technical paper or elsewhere without the previous consent in
writing of the Employer. If any dispute arises as to the necessity of any publication or disclosure for
the purpose of the Contract the same shall be referred to the Employer whose determination shall
be final.

Life-Saving Appliances and First-Aid Equipment

The Contractor shall provide and maintain upon the Works and the Site sufficient, proper and
efficient life-saving appliances and first-aid equipment to the approval of the Engineer and in
accordance with the requirements of ILO Convention No. 62. The appliances and equipment shall
be available for use at all times during the Contract Period
Customs and Security Requirements
The Contractor shall comply with all regulations for the time being imposed by the Customsand
Security Authorities in respect of the passage of Plant, vehicle, materials and personnel through
Customs barriers.

Indemnification
The Contractor shall keep the Employer both during and after the term of this Contract fully and
effectively indemnified against all losses, damages, injuries, deaths, expenses, actions, proceedings,
demands, costs and claims including, but not limited to, legal fees and expenses, suffered by
Employer, where such loss, damages, injury or death is the direct result of the wrong ful action,
negligence, or breach of Contract of the Contractor or their sub-contractors, or the personnel or
agents of either of them, including the use or violation of any statutory regulations, laws in vogue in
the Employer’s country.
Generic Environmental Management and Monitoring Plan
Environmental Management and Monitoring Plan (EMP) is the key to ensure a safe and clean
environment. The desired results from the environmental mitigation measures proposed in the
project may not be obtained without a management plan to assure its proper implementation and
function. The EMP envisages the plans for the proper implementation of mitigation measures to
reduce the adverse impacts arising out of the project activities.
The Contractor shall follow the generic environmental management plan given as Appendix-

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 I, Particular Conditions of Contract. However, based on the site requirements, mitigation measures
worked out in road specific EIA/IEE reports shall be adopted in coordination with Site Engineer.

Social Liability
(i) The Contractor shall bear the cost of any impact on structure or land due to movement of
machinery during construction.
(ii) All temporary use of lands outside ROW to be through written approval of Land owner.
(iii) Location of construction camps to be setup in consultation with Jal shakti Deptt.

HIV-AIDS Awareness and Prevention

(a) The Contractor shall conduct an HIV-AIDS awareness programme via an approved service provider
or specialized NGO, and shall undertake such other measures as are specified in this Contract to
reduce the risk of the transfer of the HIV virus between and among the Contractor’s Personnel
and the local community, to promote early diagnosis and to assist affected individuals. The
Contractor shall throughout the contract: (i) conduct Information, Education and Consultation
Communication (IEC) campaigns, at least every other month, addressed to all the Site staff and
labor (including all the Contractor's employees, all Sub-Contractors and Consultants'
employees working on the Site, and truck drivers and crew making deliveries to the Site for
Works and Services executed under the contract, and to the immediate local communities,
concerning the risks, dangers and impact, and appropriate avoidance behavior with respect to
of Sexually Transmitted Diseases (STD) —or Sexually Transmitted Infections (STI) in general and
HIV/ AIDS in particular; (ii) provide male or female condoms for all Site staff and labor as
appropriate; and (iii) provide for STI and HIV/ AIDS screening, diagnosis, counseling and referral
to a dedicated national STI and HIV/AIDS program, (unless otherwise agreed) of all Site staff and
labor.
(b) The Contractor shall include in the program to be submitted for the execution of the Works
and Services under Sub-Clause 17 a program for Site staff and labour and their families in
respect of Sexually Transmitted Infections (STI) and Sexually Transmitted Diseases (STD)
including HIV/ AIDS. The STI, STD and HIV/ AIDS alleviation program shall indicate when, how
and at what cost the Contractor plans to satisfy the requirements of this Sub-Clause and the
related specification. For each component, the program shall detail the resources to be
provided or utilized and any related sub-contracting proposed. The program shall also include
provision of a detailed cost estimate with supporting documentation. Payment to the
Contractor for preparation and implementation this program shall not exceed the Provisional
Sum dedicated for this purpose.
Removal of staff
If the Engineer or his Representative asks the Contractor to remove a person who is a member of
the Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with the work in the
Contract.
It will be the sole responsibility of the Contractor to replace the removed person with a suitable
candidate having equivalent or better qualification.
GCC62.1 The Contractor shall (a) establish an operational system for managing environmental impacts, (b)
carryout all of the monitoring and mitigating measures set forth in the Technical Specifications
attached here to, (c) allocate the budget required to ensure that such measures are carried out,
and the actual costs for the implementation of such measures shall be reimbursed by the Employer
to the Contractor from Provisional Sums. The Contractor shall Submit to the Employer quarterly
reports on the carrying out of such measures.
Additional Contract Clauses as defined below herein shall also be part
of both GCC & SCC.
PCC 1 Water Supply, Electricity & Telephone Facilities
Availability of adequate water for work and sources thereof shall be confirmed by the Contractor
before submitting the tender. Water for construction, curing or any other purpose shall be brought
by the Contractor at his own cost. The Contractor will have to make his own arrangement at his
own cost for obtaining or providing electric supply at Work site. Electrical supply for the
department’s use at work site shall be provided by the Contractor. No charges would be payable by
the Department. Contractor will have to make his own arrangement at his own cost of telephone
facilities at work site, if required.

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PCC 2
Co-ordination|
When several agencies for different sub-Works of the project are to work simultaneously on the
project site, the Contractor shall render full co-ordination for achieving proper co- ordination
between different Workers to ensure timely completion specified in each item of work shall
therefore be strictly adhered to each work may make his independent arrangements for water
power, housing etc. but he will be at liberty to come to mutual agreement with the approval of the
Engineer-in-charge. The Contractor shall not take or cause to be taken any steps of action that may
cause disruption, discontent or disturbance to work, labour or other arrangements etc. of other
Contractors in the project localities. Any action by the Contractors which the Engineer-in-charge in
his unquestioned discretion may consider as infringement of the above code would be considered
as a breach of the contract
conditions and shall be dealt with accordingly. In case of any dispute or disagreement between the
various Contractors, the Engineer-in-charge’s decisions regarding the coordination, co-operation
and facilities to be provided by any of the Contractor shall be final and binding on the Contractor
concerned and such a decision or decision shall not violate any contract nor absolve the Contractor
of his obligations under the contract, nor form the ground for any claim or compensation.

PCC 3
Relation with public authorities
The Contractor shall comply with all rules, regulations, by laws and directions given from
time to time by any local or public authority or body in connection with this work and shall
himself pay fees or charges which are liveable on him without any extra cost to Government.

PCC 4
Site office and Laboratory for Testing
The Contractor shall have a site office with all required facilities as discussed with
Engineer in charge. A field lab is to be installed on site for testing of all items to be
executed as per tender. The list of required equipment shall be got approved from
Engineer in charge within 7 days of work order and lab shall be installed in a period of 1
month from work order.

PCC 5
Supply of Material
The contractor shall make his own arrangement of all material including cement,
reinforcing steel, structural steel & Geobags / Fabrics (Non Wooven in Polypropylene PP)
etc. The contractor shall be responsible for all transportation and storage of the materials
at site and shall bear the related costs. The engineer shall be entitled, at any time, to
inspector examine all such materials. The contractor shall provide reasonable assistance
for inspection or examination as may be required
The contractor shall keep an accurate record for use of materials like Geobags, Geofabric,
cement and steel used in works in a manner prescribed by the Engineer. The Geo synthetics
so supplied should be marked with BIS certification.
Large stock of cement shall not be kept at the work site but only sufficient quantities shall
be kept to ensure continuity of work. The contractor shall provide and maintain efficient
water proof storage sheds for cement on the site of work. It shall be stacked properly and
covered with tarpaulin or any other impervious materials in order to protect the cement
bags from moisture.
PCC 6
Stacking, Storage & Guarding of Materials
The stacking and storage of materials at site at shall be in such a manner as to prevent
deterioration or intrusion of foreign matter and to ensure the preservation of their quality,
properties and fitness for the work. Suitable precautions shall be taken by the Contractor
to protect against atmospheric actions, fire and other hazard.
The materials likely to be carried away by wind shall be stored in suitable stores or with
suitable barricades and where there is likelihood of subsidence of soil; heavy materials
shall be stored on paved platforms. Suitable separating barricades and enclosures as
directed by Engineer- in-charge shall be provided to separate various materials brought
by Contractor.
The Contractor shall at his own expenses, engage watchmen for guarding the materials,

81
 plant, machinery and the work during day and night against any pilferage or damage and
also for prohibiting trespassers.
No materials brought to the site shall be removed from the site without the prior approval
of the Engineer- in-charge.
All constructional plant, provided by the Contractor shall, when brought on the site, be
deemed to be exclusively intended for the construction and the Contractor shall not
remove the same or any part thereof (save for purpose of moving it from on part of the site
to another) without the consent in writing of the Engineer- in- charge who shall record the
reasons for withholding the consent.
The materials shall not be stacked in place where it is liable to be damaged or lost due to
traffic passing over or to be washed away by rain or floods, to be buried under the land
slide etc. or ship down on embankment or hill side etc. No claims for any loss due to these
and similar causes will be entertained.

PCC 7
Rejection of Material
The actual supplied material with regard to the Geobags & Geofabric shall be put to
Third Inspection check by the Engineer I/C by selecting a random batch from supplied
material. The cost on a/c of such Inspection is to be borne by the Contractor/agency
himself.
Any stock or batch of material (s) of which sample(s) does not conform to the prescribed
test and quality shall be rejected by the Engineer- in-charge or his representative and
such material(s) shall be removed from the site by the Contractor at his own cost. Such
rejected material shall not be made acceptable by any modifications.
Material not corresponding in character and quality with approved samples will be
rejected by the Engineer- in-charge or his representative and shall be removed form site
by the Contractor at his own cost.
PCC 8
Supply of Colour Record Photographs and Albums
The Contractor shall arrange to take colour photograph at various stages / faces of the
Works including interesting and novel features of the work as desired by the Engineer-
in-charge needed for authentic documentation as desired. The photographs shall be of
acceptable quality and they shall be taken by professionally competent photographer
with camera having the facility to record the date of photographs taken in the prints and
negative /C.D. The Contractor shall supply two colour prints of each of the photographs
taken to the standard 4’’ x 6’’ size mounted in albums of acceptable quality along with
C.D. Each photograph in the album shall be suitably captioned. It shall be considered as
incidental to the work and no additional payment whatsoever will be made for the same.
The photographs should be Geo- tagged which shall be taken before, during and after
completion of work.
PCC 9
Videography
Contractor shall supply video films/video C.D./Digital Photograph before stating of
work, during execution and completed work of important activities of the work as
directed by Engineer- in-charge during currency of the project and editing them to a
video film / CD of playing time not less than 30 minutes and up to 60 minutes as directed
by Engineer- in-charge. Such as film shall be suitably narrative and titled indicating
chainage, activities. The CD/Pen drive shall be of acceptable quality and shall be
capable of producing colored pictures. This is incidental to work and no payments shall
be made for the same
PCC 10
Indemnity
The Contractor shall indemnify the Government against all action, suits, claims and
demands brought or made against it in against of anything done or committed to be done
by the Contractor in execution of or in connection with the work of this contract and
against any loss or damages to the Government in consequences to any action or suit
being brought against the Contractor for anything done or committed to be done in the
execution of the work of this contract. The Government may, at its discretion and entirely
at the cost of Contractor, defend such suit either jointly with the Contractor or single, in

82
 case the latter chooses not to defend the case.

PCC 11
Testing of Materials
The Contractor shall make field arrangements for testing of all materials as per standard
specifications or as directed by Engineer- in-charge in the field laboratory. No payment
for testing shall be made.
The Contractor shall not be eligible for any claim or compensation either arising out of
any delay in the work or due to any corrective measures required to be taken on account
of and as a result of testing of material.
All materials, before being incorporated in the work shall be inspected by the Engineer
or his representative and if necessary, tested before use, any work on which such
materials are used without approval and written permission of the Engineer, is liable to
be considered as defective and not acceptable.
 The periodical test to be carried out on material, mixes and placed concrete shall
be specified by the Engineer from time to time and the contractor and the
contractor shall allow all the facilities and cooperation towards collection of
samples etc. All labour for collecting samples for test will be supplied by the
contractor free of cost to the Engineer. Where testing facility is not available in
the field lab, the Engineer in-Charge will get the test conducted from some
approved laboratory and testing and all the charges shall be borne by the
contractor in all such cases.
 An authorized representative of the contractor shall remain present at the time
when the samples are taken and shall authenticate the facts, if so required. If the
contractor’s representative fails to be present as aforesaid, the samples or cores
etc. as are taken by the Engineer or his representative shall be considered
authentic. The contractor will however be informed if the details of such samples
having been taken.
 The quality and quantity of material shall be responsibility of the contractor,
irrespective of the tests being good.
 The Geobags & Fabric (Non-wooven in Polypropylene, PP) shall be put to
testing for Mechanical, Hydraulic & Physical characteristics for its various
parameters as mentioned in the IS 16653_2017 (together read with
Ammendment-I of Oct-23) for the Type-2 requirement. The tests of the supplied
material to be utilized for the work shall have to be conducted by the
contractor/agency on his own expenses. All these tests shall have to be conducted
at any BIS or NABL Certified / accredited facility/Laboratory. The results of all
such tests conducted should be made available to the department/ Engineer in
Charge and only then the material be brought to the site. The material so brought
shall again be got re-tested after random picking of samples & it’s frequency by
the Engineer I/C in accordance with the clause-8 of the IS-16653_2017 (together
read with Ammendment-I of Oct-23) for the above characteristics as per the
same Code through the above-mentioned laboratories only. All the cost related to
these testing shall be borne by the contractor.

83
PCC 12
Third Party Inspection
The agency before supply of the Geobags & Geofabric (To be supplied as Non-Wooven in
Poly Propylene) has to get Third party certification done from any BIS or NABL
Accredited facility or laboratory. The tests so conducted in particular with regard to the
Geobags & Fabric should in accordance with the IS 16653:2017 (together read with
Ammendment-I of Oct-23) as mentioned in its Table-1. The third party would inspect to
ensure execution of work as per specifications/agreement and also quality control. The
report of the same shall would be submitted to Engineer-in-charge. The agency/contractor
shall be bound by the report of 3rd party inspection and shall take remedial measures for
execution of work as per specifications in agreement at their own cost. The cost of 3rd
inspection shall be borne by the employer.
PCC 13
Idle Men and Machinery
No claim for idle labour/idle machinery on any account shall be entertained. Similarly,
no claim shall be entitled for any business loss or any such loss.
PCC 14
Monsoon or Flood Damage
Damages due to earthquake, rain or flood to the works being executed under this
contract has shall have to be made good by the agency till the work is handed over to
the Department. The responsibility for making good the damages due to earthquake,
rain or flood rests with the agency. No extra payment is payable for such operations and
the agency shall therefore, has to take all necessary precautions to protect the work
done during the construction period.
Contractor must bear in mind that as far as this contract is concerned provisions under
Force Majeure (FM) in GCC cannot be invoked in respect of damage due to
Earthquake, rain or floods. They are advised to participate only by accepting the risk
involved and it shall deemed that they understood such scenario as may arise.
PCC 15
Unforeseeable Difficulties:
Except as otherwise stated in the Contract:
i) The Agency shall be deemed to have obtained all necessary information as to risks,
contingencies and other circumstances which may influence or affect the Works:
ii) The paramount risk is the high-water level and the flood situation which may
happen during the currency of contract which the contractor is advised to consider
in advance before bidding.
iii) by signing the Contract, the Agency accepts total responsibility for having foreseen
all difficulties and costs of successfully completing.
iv) the Works: and the Contract Price shall not be adjusted to take account of any
unforeseen difficulties or costs.

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 Section8
Contract Forms

TableofForms

Letterof Acceptance ......................................................................................

ContractAgreement ......................................................................................
PerformanceSecurity ....................................................................................
AdvancePayment Security ...........................................................................

85
 Letter of Acceptance
[onletterheadpaperoftheEmployer]

....... date. ......

To:........ ..name and address of the Contractor..........

Subject: ..... ... ..Notification of Award Contract No........ ...

This is to notify you that your Bid dated……………... date consisting of the Technical
and Price Bids for execution of the. . .. .. . .. .name of the contract and identification
number, as given in the Contract Data for the Accepted Contract Amount of the
equivalent of. .. .. ....amount in numbers and words and name of currency. ... as corrected
and modified in accordance with the Instructions to Bidders is hereby accepted by our
Agency.

You are requested to furnish the Performance Security within 28 days in

accordance with the Conditions of Contract, using for that purpose the
Performance Security Form included in Section 9 (Contract Forms) of the Bidding
Document.

Authorized Signature:.........................................................................

Name and Title of Signatory:..............................................................

Name ofAgency:................................................................................

86
 Contract Agreement
THIS AGREEMENT made the......day of.................,.......,between ............................................... name of
the Employer... . ... .. .(herein after “the Employer”), of the one part, and.. .. .name of the Contractor. .
..(herein after“ the Contractor”),of the other part:

(Following is Applicable for Joint Ventures only)

THIS AGREEMENT made the......day of.................,.......,between ............................................... name of

the Employer..........(herein after “the Employer”),of the one part,and.............................................. name of
the Contractor……….JV(hereinafter “the Contractor”) of the other part consisting of following entities,
namely
1(name and address)
2(name and address)
3(name and address)… .......................................................................................................................... each of
which will be jointly and
Severally liable to the Employer for all obligations execution and completion under this
agreement,:

WHEREAS the Employer desires that the Works known as.....name of the Contract ..................... should
be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion
of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

- The Letter of Acceptance

- The Letters of Technical Bid and Price Bid
- The Addenda Nos. ... .insert addenda numbers if any.... .
- The Particular Conditions
- The General Conditions;
- The Specification
- The Drawings ;and
- The completed Schedules,

3. In consideration of the payments to be made by the Employer to the Contractor as indicated

in this Agreement, the Contractor hereby covenants with the Employer to execute the Works
and to remedy defects therein inconformity in all respects with the provisions of the Contract.

87
 4. The Employer hereby covenants to pay the Contract or in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may be come payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.

INWITNESS where of the parties hereto have caused his Agreement to be executed in accordance
with the laws of India on the day, month and year indicated above.

Signedby............................................................... Signedby.............................................................
................................................................................

For and on behalf of the Employer for and on behalf the Contractor
In the presence of in the presence of

Witness,Name,Signature,Address,Date Witness,Name,Signature,Address,Date

88
 Performance Security

.................................Bank’s Name, and Address of Issuing Branch or Office.................................

Beneficiary:...............................Name and Address ofEmployer...........................................

Date:.........................................................................................................................
Performance Guarantee No.:.........................................................................................

We have been informed that.....name of the Contractor .................. (herein after called" the Contractor")

has entered into Contract No......reference number of the Contract..... . dated with you, for the execution of ...

... name of contract and brief description of Works .......................... (herein after called" the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is
required.
At the request of the Contractor, we.....name of the Bank hereby irrevocably under take to pay you
Any sum or sums not exceeding in total an amount of. ... .name of the currency and amount in figures*.. ....
(.....amount in words ) such sum being payable in the types and proportions of currencies in which the
Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contract or is in breach of its obligation(s) under the Contract,
without your needing to prove or to show grounds for your demand or the sum specified therein.

The guarantor agrees to one time extension of this guarantee for period not to exceed six months, in
response to the employer’s written request for such extension, such request to be presented to us,
the guarantor, before the expiry of this guarantee.

This guarantee shall expire, no later than the.....Day of.........., ...................................... ,and any demand
for Payment under it must be received by us at this office on or before that date.

........... ........... ..... .

Seal of Bank and Signature(s)

-Note-
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and
denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer. If the
bank issuing the performance security is located outside the country of the Employer, it shall have a correspondent financial
institution located in the country of the Employer.

Insert the date twenty-eight days after the expected completion date.

Signature Not Verified

Digitally signed by MOHD JAMAL
RATHER
Date: 2024.08.16 15:33:54 IST 24
Location: Jammu and Kashmir-JK