GOVERNMENT OF ASSAM

PUBLIC WORKS ROADS DEPARTMENT

Name of work:-

Package No. :-

BIDDING DOCUMENT FOR CONSTRUCTION OF BRIDGE AND

CONSTRUCTION/UPGRADATION/IMPROVEMENT/WIDEINING OF ROAD PROJECTS UNDER
MUKHYA MANTRIR UNNOTO PAKIPATH NIRMAN ACHANI (MMUPPNA) UNDER RIDF- XXX OF
NABARD FOR THE YEAR 2024-25

VOLUME-I

(Invitation for Bid, Instruction to Bidders, Form of Bid, Qualification

Information, Condition of Contracts, Technical Specifications, Bill of Quantities)

OFFICE OF THE CHIEF ENGINEER, P.W.D. (ROADS) ASSAM, CHANDMARI,

GUWAHATI-3
INVITATION FOR BID
(IFB)
 TENDER DETAILS

1.Electronic Tender No:

2.Package No: : Refer DNIT
3.Scope ofWork: : CONSTRUCTION OF BRIDGE AND
CONSTRUCTION/UPGRADATION/IMPROVEMENT/WIDEINING OF ROAD
PROJECTS UNDER MUKHYA MANTRIR UNNOTO PAKIPATH NIRMAN ACHANI
(MMUPPNA) UNDER RIDF- XXX OF NABARD FOR THE YEAR 2024-25.

Sl. Name of LAC Package No. Name of Work Estimated/ NIT Value
No. (Rs in lakhs)
1 As detailed in the DNIT against respective Packages

4. Value of work (in Lakh). : As detailed in the DNIT

5. Bid Security (in Rs.) : As detailed in the DNIT
6. Tender Processing Fee : As detailed in the DNIT
7. Period of Completion : As detailed in the DNIT
8. Name of the Employer : Chief Engineer (Roads), PWRD, Assam
Chandmari, Guwahati-03
9.Address for Paper Submissions and Opening : State Bridge Design Branch
O/o the Chief Engineer (Roads), PWRD, Assam
Chandmari, Guwahati 3.
10. Class of contractor : As per Govt. Notification No. DA5R.132/2018/2
dated 20.07.2018
11. The site for the work is available.
12. Details may be seen at www.assamtenders.gov.in from 31-08-2024 as well as in the office of the
Chief Engineer (Roads), PWRD, Assam, Chandmari, Guwahati - 3 during office hours on any working
day between Document download start date to Bid submission closing date. Online submission of
Tender Processing Fee, Bid Security, Technical bid and Financial bid as specified in the 'Tender Time
Schedule'.
13. a) Bidding documents must be submitted online on or before the expiry date as per Tender Schedule
unless the date is extended through a corrigendum.
b) Online Bids will be opened at the start time for 'Open Technical' and ‘Open Financial’ (Separately
for Technical and Financial Part) as specified in the Tender Schedule in the office of the Chief
Engineer (Roads), PWRD, Assam. If the office happens to be closed on the date of opening of the
bids as specified, the bids will be opened on the next working day at the same time and venue.
14. Tender processing fee and Bid Security amount (EMD) against the work can be deposited online as
per OM No. FEB/269/2017/27 dated 21.08.2019. In case, the bidder wishes to submit Bid Security in
the form of a Bank Guarantee, the bidder is required to submit the same in favour of Chief Engineer
(Roads), PWRD, Assam from a Nationalized / Scheduled Commercial Indian Bank in hard copy
(original) in addition to uploading the Scanned copy as a part of the online bid submission. Hard
copies in original of Affidavit for correctness of information and Bank Guarantee for Bid Security (if
applicable) has to reach the employer as specified in ‘Tender Time Schedule’ before the expiry date.
15. The bid for the work shall remain valid for a period of 180 (one eighty) days after the deadline date
for bid submission. If any bidder/tenderer withdraws his bid/ tender before the said period or
makes any modifications in the terms and conditions of the bid, the said Bid Security shall stand
forfeited.
16. Other details can be seen in the bidding documents at www.assamtenders.gov.in from 31-08-2024
as well as in the Office of the Chief Engineer (Roads), PWRD, Assam during office hours.
17. Bids may be submitted only in the following method: Item Rate method as per BOQ.
18. Wherever in the bid document reference to the Cost of Bid document is made, the meaning is online
payment only of Tender Processing Fee instead of demand draft or any other instruments
mentioned anywhere in the bid document. The word demand draft or any other forms of
submission, is deemed to be amended to online payment along with online submission of bid
document.
 GOVERNMENT OF ASSAM
OFFICE OF THE CHIEF ENGINEER, PWD (ROADS), ASSAM

List of Important Dates of Bids for Construction/Up gradation of Roads:

1. Name of Work: : As detailed in the DNIT

Package No. : As detailed in the DNIT

2. Completion Period for

construction/ : As detailed in the DNIT
improvement

3. Date of Issue of Notice

: 17-08-2024
Inviting Bid

4. Period and Places of Sale Period: As per tender time schedule

of Bidding Documents :
Place: Online (www.assamtenders.gov.in.)

5. Time, Date and Place of Time & Date: As per tender time schedule
Pre-bid Meeting : Place – State Bridge Design Branch, Office of the Chief
Engineer (Roads), PWRD, Assam, Chandmari, Guwahati - 3

6. Time, Date and Place of Time & Date: As per tender time schedule
submission of Bids
Place – Online (www.assamtenders.gov.in.). [Supporting Hard
: Copies to be submitted at State Bridge Design Branch, Office
of the Chief Engineer (Roads), PWRD, Assam, Chandmari,
Guwahati – 3]

7. (a) Time and Date for

: Time & Date as per tender time schedule
opening Technical Bids

(b) Time and Date of

: To be intimated later
opening Financial Bids

8. Place of opening bids State Bridge Design Branch, Office of the Chief Engineer
:
(Roads), PWRD, Assam, Chandmari, Guwahati-3

9. Validity of Bids : 180 days after the deadline date for bid submission.

10. Officer inviting Bids : Chief Engineer (Roads), PWRD, Assam, Chandmari, Guwahati-3

8
 Appendix to Tender Schedule
Note:

1. The non-refundable tender processing fee as specified in the DNIT against the work must be
deposited online as per instructions given vide as per OM. No.FEB.269/2017/27 dated
21.08.2019. Tender processing fee in any other form will not be accepted.
2. Bid Security amount as specified in the DNIT against the work can be deposited online as per
OM No.FEB.269/2017/27 dated 21.08.2019. In case, the bidder wishes to submit Bid Security in
the form of a Bank Guarantee, the bidder is required to submit the Bank Guarantee in favour of
Chief Engineer (Roads) PWRD, Assam from a Nationalized/ Scheduled Commercial Indian Bank
in hard copy (original) in addition to uploading the Scanned copy as a part of the online bid
submission.
3. Exemption of 50% of Bid Security is granted to unemployed Engineering graduate/ Diploma
holders and for contractors of reserved category ie ST/SC/OBC/MOBC.
4. Submission of Technical Bid along with Tender Processing Fee and Bid Security both on-line and
manually on or before 14:00 hrs of 21.09.2024.
5. Dates of opening Technical Bid and Financial Bid are tentative.
6. In case, if any holiday falls in any sequence, next working day will be considered
7. Pre-bid meeting :A pre-bid meeting will be held as per tender time schedule and venue
specified to clarify the issues and to answer questions on any matter that may arise at that
stage as stated in Clause 9.2 of ‘Instructions to Bidders’ of the bidding document.

9
EMD Details
Name of the Bank:

Branch:

Type of EMD:

Amount of EMD:

Valid From:

Valid To:

Reference Number:

10
NOTICE IMPORTANT DOCUMENTS

Notice:

The following documents will form part of the tender document

1. Section 1 (ITB)
2. Section 2 (Qualification information)
3. Section 3 (Conditions of contract)
4. Section 4 (Contract data)
5. Section 5 (Technical specification)
6. Section 6 (Form of bid)
7. Section 7 Bill of quantities
8. Section 8 Special Condition of Contract
9. Section 9 Securities and other forms
10. Section 10 Drawings

Note:- Section-6 and 7 are to be submitted separately in Vol.-II

11
 SECTION 1
INSTRUCTIONS TO BIDDERS
(ITB)

12
 Section 1: Instructions to Bidders
Table of Clause

A. General E. Bid Opening and Evaluation

1. Scope of Bid 23. Bid Opening

2. Source of Funds 24. Process to be Confidential
3. Eligible Bidders 25. Clarification of Financial
bids
4. Qualification of the Bidder 26. Examination of Bids and
Determination of
Responsiveness
5. One Bid per Bidder 27. Correction of Errors
6. Cost of Bidding 28. Deleted
7. Site Visit 29. Evaluation and Comparison
of Financial Bids
B. Bidding Documents 30. Deleted

F. Award of Contract
8. Content of Bidding 31. Award Criteria
Document 32. Employer‟s Right to
9. Clarification of Bidding Accept any Bid and to
Documents reject any or all Bids

10. Amendment of Bidding 33. Notification of Award

Documents and Signing of Agreement
34. Performance Security
C. Preparation of Bids 35. Deleted.
11. Language of Bid
12. Documents Comprising
the Bid 36. Dispute Review Expert
13. Bid Prices 37. Corrupt of Fraudulent
14. Currencies of Bid and Practices
Payment
15. Bid Validity
16. Bid Security
17. Alternative Proposals
by Bidders
18. Format and Signing of Bids

D. Submission of Bids
19. Sealing and Marking of Bids
20. Deadline for Submission of Bids
21. Late Bids
22. Modification and Withdrawal of Bids
21. Late Bids
22. Modification and Withdrawal of Bids

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 A. GENERAL

1. Scope of Bid
1.1 The Chief Engineer, PWD, (Roads), Assam, Chandmari, Guwahati-3 on behalf of the
Governor of Assam (referred to employer in this document) invites bids for the
construction of works "(as defined in these documents and referred to as “the works)
detailed in the table given in IFB. The bidders may submit bids for any or all of the
works detailed in the table given in IFB.

1.2 The successful bidder will be expected to complete the works by the intended
completion date specified in the Contract data.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their
derivatives (bidder/tenderer, bid/tender, bidding/tendering, etc.) are synonymous.

2. Source of Funds
2.1 The expenditure on this project will be met from the budget of Govt. of Assam, PW (Roads)
Department ( RIDF-XXX of NABARD). The work will be awarded only after receipt of
the Administrative approval from the Govt. of Assam.

3. Eligible Bidders
3.1 This invitation for Bids is open to all bidders.
3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
statement that the Bidder is neither associated, nor has been associated, directly or
indirectly, with the Consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as Project
Manager for the Contract. A firm that has been engaged by the Employer to provide
consulting services for the preparation of supervision of the works, and any of its
affiliates shall not be eligible to bid.

4. Qualification of the Bidder

4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary. The proposed methodology should include
programme of construction backed with equipment planning and deployment duly
supported with broad calculations and quality assurance procedures proposed to be
adopted justifying their capability of execution and completion of work as per technical
specifications, within stipulated period of completion.

4.2 Prequalification Condition. Deleted

4.3 All bidders shall furnish the following information in Section 2.

a. Evidence of access to or availability of credit facilities (minimum 10% of

notified contract value) certified by the bankers (un conditional) not more
than 3 months old.
b. Power of attorney.
c. Copies of original documents defining the constitution of legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Bidder.
d. Total monetary value of civil construction work performed for each of the last
five years.

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 e. Experience in works of a similar nature and size for each of the last five years,
and details of works underway or contractually committed; and clients who may
be contracted for further information on those contracts;
f. Major items of construction equipment proposed to carry out the Contract.
g. Qualifications and experience of key site management and technical personnel
proposed for Contract.
h. Reports on the financial standing of the Bidder, such as profit and loss
statements and auditor‟s report for the past five years;
i. Authority to seek references from the Bidder‟s bankers;
j. Information regarding any litigation, current or during the last five years, in
which the Bidder is involved, the parties concerned, and disputed amount.
k. The proposed methodology and work programme of construction, backed with
equipment planning and deployment, duly supported with broad calculations
and quality control procedures proposed to be adopted, justifying their
capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones.
l. Copy of PAN Card
m. VAT /GST clearance certificate.
n. Affidavit of tools and machineries
o. Undertaking of Technical key persons proposed by the bidder with attested
copies of Certificate of academic qualification, passport size photographs,
complete postal /e-mail address, contact no. & details of their past experience
with project names.
p. Litigation history.
q. Bid security in any of prescribed form ( BG/ Scanned copies of online payment
receipt of Tender Processing Fee and Bid Security amount ) specified for the work .
r. Original affidavit of correctness of information.
s. Certificate of executed quantities of work done in any one year of the last 5 (five)
years, issued by the authorized Engineer in-charge.
t. List of existing commitments showing value of remaining works. Certificate to
be obtained from the authorized Engineer in-charge.
u. Undertaking for investment of minimum cash up to 25% of the value of the
work during implementation of the contract.
v. Documentary evidence of ownership in the form of a certificate from the
Executive Engineer, PWD (Roads) under whose jurisdiction the Hot Mix Plant
possessed by the bidder is located and a geo-stamped photograph of the plant,
which is mandatory for bidding in works with BM/DBM/BC.

4.4 Bids from Joint ventures are not acceptable.

a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.

4.5 (A) To qualify for award of the contract, each bidder in its name should have in the
last five years, i.e. 2019-2020, 2020-21, 2021-22, 2022-23, &2023-24

a) Achieved a minimum annual financial turnover (in all classes of civil

engineering construction works only) of 67% of the NIT value, amount as
indicated in Appendix in any one year (Cost of completed works of previous
years shall be given weightage of 10% per year base on rupee value to bring
them to present price level)
b) Satisfactory completed (not less than 90% of contract value), as a prime
contractor at least one similar work of value not less than 1/3 (one third) of the

15
 Contract value. Document for one authenticate single similar work should be
furnished.
c) Executed in any one year, the minimum quantities of the major items of work as
indicated in Appendix (usually not less than 40% of the estimated quantity).
d) The prospective tenderer should not have abandoned any works under PWD
(Roads) Deptt. nor should any contract for works under PWD(Roads) Deptt.
have been rescinded in the last five years.

B. Each bidder should further demonstrate:

a) Availability (either owned or leased) of the following key and critical equipment
for this work: [Refer Annexure-I].
b) Availability of key personnel for this work with adequate experience as
required; as per Annexure-II. The contractor should further note that the key
personnel named in the Technical Bid/Credential submitted by him, should be
present during inspection by higher officers of the department. Any change of
the key personnel by the contractor should immediately be reported to the
Engineer.
c) Liquid assets and/ or availability of credit facilities of not less than 10% of the
estimated cost of the package (credit line / letter of credit/ certificate from
banks). The certificate from the bank should be in the prescribed Sample Format
given in Section – 2 (Qualification Information).
C. To qualify for a package of contracts made up of this and other contracts for which
bids are invited in the IFB, the bidder must demonstrate having experience and
resources sufficient to meet the qualifying criteria for the individual contracts.

4.6 Deleted.

4.7 Bidders who meet the minimum qualification criteria will be qualified only if
their available bid capacity at the expected time of bidding is more than the total
bid value. The available capacity will be calculated as under:

Assessed available bid capacity = (A*N*2-B)

Where
A= Maximum value of civil engineering works executed in any one year during the
last five years (updated to the price level of the year indicated in Appendix) rate
of inflation may be taken as 10% per year taking into account the completed as
well as works in progress.

N= Number of years prescribed for completion of the works for which bids are
invited.

B= Value (updated to the price level of the year indicated in Appendix) of existing
commitments and ongoing works to be completed during the next financial year
(period of completion of works for which bids are invited).

Note: The statements showing the value of existing commitments and ongoing works
as well as the stipulated period of completion remaining for each of the works
listed should be countersigned by the Engineer in charge, not below the rank of
an Executive Engineer or equivalent.

4.8. Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified, if they have:

16
  Made misleading or false representations in the forms, statements and enclosures
submitted as a proof of the qualification requirements; and/or
 Record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion, litigation history and financial failure etc.

5. One Bid per Bidder

5.1 Each bidder shall submit only one bid for one package. A bidder who submits or
participates in more than one Bid for a particular package will be liable to disqualified
not only for that work but for subsequent work also.

6. Cost of Bidding (Tender Processing Fee)

6.1 The bidder shall bear all costs associated with the preparation and submission of his
Bid, and the Employer will in no case responsible or liable for re-imbursement of such
expanses regardless of the contract or outcome of the bidding process.

7. Site visit

7.1 The bidder, at the Bidder‟s own responsibility and risk is encouraged to visit and
examine the site of works and its surroundings and obtain all information that may be
necessary for preparing the Bid and entering into a contract for construction of the
works. The costs of visiting the site shall be at the bidder‟s own expense.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents.

8.1 The set of bidding documents comprises the documents listed below and addenda
issued in accordance with clause 10;
Section Particulars Volume No.
Invitation for Bid Vol. I
1 Instruction to Bidder Vol. I
2 Qualification information and other forms Vol. I
3 Conditions of contract Vol. I
4 Contract Data Vol. I
5 Technical Specifications Vol. I
8 Securities and other forms Vol. I
9 Drawings Vol. I
6 Form of Bid Vol. II
7 Bill of Quantities Vol. II
10 Documents to be furnished by bidder Vol. I

8.2 Deleted
8.3 The Bidder is expected to examine carefully all instructions, conditions of contract,
contract date, forms, terms, technical specifications, bill of quantities, forms, Annexes in
the Bid Documents. Failure to comply with the requirements of Bid Documents shall be
at the bidder‟s own risk. Pursuant to clause 26 hereof, bids which are not substantially
responsive to the requirements of the Bid Documents shall be rejected.

9. Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may notify
the Employer in writing at the Employer‟s address indicated in the invitation to bid. The
employer will respond to any request for clarification, which he received earlier than 7
(seven) days prior to the deadline for submission of bids. Copies of the Employer‟s

17
 response will be forwarded to all purchasers of the bidding documents, including a
description of the enquiry but without identifying its source.

9.2 Pre-Bid Meeting

9.2.1 The Bidder or his official representative is invited to attend a pre-bid meeting, which will take
place at the address, venue, time and date as indicated in appendix.

9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.

9.2.3 The bidder is requested to submit any questions in writing or by cable to reach the Employer not
later than one week before the meeting.

9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source
of enquiry) and the responses given will be transmitted without delay to all purchasers of the
bidding documents. Any modification of the bidding documents listed in Sub-Clause 8.1, which
may become necessary as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes
of the pre-bid meeting.

9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.

10. Amendment of Bidding Documents.

10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing to all purchasers of the bidding documents. Prospective
bidders shall acknowledge receipt of each addendum in writing or by cable to the
Employer. The Employer will assume no responsibility for postal delays.
10.3 To give prospective bidders reasonable time in which to take an addendum in to
account in preparing their bids, the Employer may, at his description, extend as
necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2
below.

C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All documents relating to the bid shall be in the English language.

12. (A) Documents comprising the Bid

12.1 The bid to submit by the bidder (refer Clause 8.1) shall be in 2(two) separate parts
i.e. Technical and Price (Financial) bids :
Part I shall be named "Technical Bid" and shall comprise
(i) Scanned copies of online payment receipt of Tender Processing Fee and Bid Security
amount specified for the work
(ii) Bid Security in the form specified under clause No. 16.1 below.
(iii) Qualification information and supporting documents as specified in Section 2.
(iv) Certificates, undertakings, affidavits as specified in Section 2.
(v) Any other information pursuant to Clause 4.3 of these instructions.
(vi) Undertaking that the Bid shall remain valid for the period specified in Clause 15.1
(vii) Acceptance/non-acceptance of Dispute Review Expert proposed in Clause 36.1
(viii) Authority to check reference from the bidders Bankers (Clause 4.3.1)
(ix) Affidavits of tools and machineries etc
(x) Undertaking of Technical key persons proposed by the bidder with attested copies of
Certificate of academic qualification, Passport size photograph,complete postal /e-mail
address, contact No & details of past experience with project names

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 (xi) Detailed Methodology & work programme
(xii) Litigation history
(xiii) Bank’s credit certificate in prescribed format (unconditional)
(xiv) Original affidavit of correctness of information
(xv) Certificate of similar nature of work done, completed in last 5 (five) years, issued by the
authorized Engineer in-charge.
(xvi) Certificate of executed quantities of work done in last 5 (five) years, issued by the
authorized Engineer in-charge.
(xvii) List of existing commitments with value of remaining work as on the date of submission
of Bid
(xviii) Audited Balance sheet of last 5 (five) years.

Part II shall be named " Financial Bid" to be submitted through on-line only, and
shall comprise
(i) Form of Bid as specified in Section 6
(ii) Priced Bill of Quantities for items specified in Section 7

B The bidders shall submit the bid as follows:-

a. Technical and Price (Financial) bids in online mode only along with Scanned copies of
online payment receipt of Tender Processing Fee and Bid Security.
b. Hard Copies in Original are to be submitted for the following:
i) Affidavit for Correctness of Information.
ii) Bid Security in the form of Bank Guarantee in favour of Chief Engineer (Roads)
PWRD, Assam in Original, if applicable.
iii) Bank’s credit certificate in prescribed format (unconditional)
iv) Any other Affidavit required to be submitted.
The above shall then be put inside one outer envelope. The printout of Bid
Acknowledgement from www.assamtenders.gov.in shall be pasted on the outer
envelope.

12.2 The Bidder shall prepare Technical Bid one for submission through on line and another
hard copy for manual submission. The information/particulars/data required for the
technical bids should invariably be filled up as per prescribed formats and all pages
including supporting documents should be marked.
12.3 Following documents, which are not submitted with the bid, will be deemed to be part
of the bid.

Section Particulars Volume No.

Press Notice inviting tenders,
Corrigendum Invitation for Bids Vol.-I
(IFB)
1 Instructions to Bidders Vol.-I
3 Conditions of Contract Vol.-I
4 Contract Data Vol.-I
5 Technical Specifications Vol.-I
9 Drawings Vol.-I

13. Bid Prices

13.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on
priced Bill of Quantities submitted by the Bidder.

19
13.2 The Bidder shall fill in rates and prices and line item total (both in figures and works)
for all items of the Works described in the Bill of Quantities along with total bid price
(both in figures and words). Items for 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 other rates and prices in the Bill of Quantities. Corrections, if any, shall be made by
crossing out, initialing, dating and rewriting.
13.3 All duties, taxes, and other levies payable by the contractor under the contracts, or for
any other cause shall be included in the rates, prices and total Bid price submitted by
the bidder.
13.4 Deleted

14. Currencies of Bid and Payment

14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for period not less than 180 days after the deadline date for bid
submission specified in Clause 20. A bid valid for a shorter period shall be rejected by
the Employer as non-responsive. In case of discrepancy in bid validity period between
that given in the undertaking pursuant to Clause 12.1 (v) and the Form of Bid submitted
by the bidder, the latter shall be deemed to stand corrected in accordance with the
former and the bidder has to provide for any additional security that is required.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the bidders may extend the period of validity for a specified additional
period. The request and the bidder‟s responses shall be made in writing or by cable. A
bidder may refuse the request without forfeiting his bid security. A bidder agreeing to
the request will not be required or permitted to modify his bid except as provided in

hereinafter, but will be required to extend the validity of his bid security for a period of
the extension, and in compliance with Clause 16 in all respects.
15.3 Deleted

15.4 Bid evaluation will be based on the bid prices without taking in to consideration the
above correction.

16. Bid Security

16.1 The Bid Security amount as specified against the work can be deposited online as per OM
No.FEB.269/2017/27 dated 21.08.2019 (enclosed). In case, the bidder wishes to submit Bid
Security in the form of a Bank Guarantee, the bidder is required to submit the Bank Guarantee
in favour of Chief Engineer (Roads) PWRD, Assam as specified under Section 9 from a
Nationalized/ Scheduled Commercial Indian Bankin hard copy (original) in addition to uploading
the Scanned copy as a part of the online bid submission.
16.2 Bank Guarantee issued, as surety for the bid shall be valid for 45 days beyond the validity of the
Bid.
16.3 Any Bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-
Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.
16.4 The bid security of unsuccessful bidders will be returned within 28 days of the end of the bid
validity period specified in Sub-Clause 15.1.
16.5 The bid security of the successful bidder will be discharged when the bidder has signed the
Agreement and furnished the required Performance Security.
20
16.6 The Bid Security may be forfeited
a. If the Bidder withdraws the Bid after Bid opening during the period of Bid validity.
b. If the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or
c. In the case of a successful Bidder, if the Bidder fails within the specified time limit to
(i) Sign the Agreement; or
(ii) Furnish the required Performance Security
17. Alternative Proposals by Bidders
17.1 Bidders shall submit offers that fully comply with the requirements of the bidding
documents, including the conditions of contract (including mobilization advance or
time for completion), basic technical design as indicated in the drawing and
specifications. Conditional offer or alternative offers will not be considered further in
the process of tender evaluation.

18. Format and Signing of Bid

18.1 The Bidder shall submit both technical and financial bids through on-line. One hard
copy of technical bid along with supporting documents (Affidavits, Bid security, cost of
bid, undertakings in original & other certificates attested by a gazetted officer) of the
documents comprising the bid as described in Clause 12 of these Instructions to
Bidders, bound with the volume containing the “Technical Bid” and clearly marked
“HARD COPY of Technical bid”. In the event of discrepancy between on line &
manual technical bid, the online bid shall Prevail and will be considered for evaluation.

18.2 The hard copy of technical Bid (supporting documents only attested by a gazetted
officer) as per clause 12.1 of the ITB shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder, as also pursuant to Sub-Clause 4.3. All pages
of the bid where entries or amendments have been made shall initiated by the person or
persons signing the bid.

18.3 The Bid shall contain no alterations or additions, except those to comply with
instructions issued by the Employer, or as necessary to correct errors made by the
bidder, in which case such corrections shall be initiated by the person or persons
signing the bid.

D. SUBMISSION OF BIDS
Only on-line bids will be accepted. Both technical & financial bids will have to be submitted through on-
line mode only. However, hard copy of Affidavit/ Bid Security as specified in clause 12.1 of the ITB is to
be submitted as per schedule and location specified.

19. Bidding through E-Tendering System:

19.1 The bidding under this contract is electronic bid submission through website http://
www.assamtenders.gov.in. Detailed guidelines for viewing bids and submission of
online bids are given on the website.The Invitation for Bids is published on this website.
Any citizen or prospective bidder can logon to this website and view the Invitation for
Bids and can view the details of works for which bids are invited. The perspective
bidder can submit bids on-line; however, the bidder is required to have
enrolment/registration in the website and should have valid Digital Signature
Certificate (DSC) in the form of smart card/e-token. The DSC can be obtained from any
authorised certifying agencies.The bidder should register in the web site http://
www.assamtenders.gov.in using the relevant option available. Then the Digital
Signature registration has to be done with the e-token, after logging into the site. After
this, the bidder can login the site through the secured login by entering the password of
the e-token & the user id/ password chosen during registration.

21
 After getting the bid schedules, the Bidder should go through them carefully and then
submit the documents as asked, otherwise, the bid will be rejected.

The completed bid comprising of documents indicated in ITB clause 12, should be
uploaded on the website given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the bidding document and
scanned copy of bid security in case it is provided in the form of BG.

The bidder shall furnish information as described in the Form of Bid on commissions or
gratuities, if any, paid or to be paid to agents relating to the Bid, and to contract
execution if the bidder is awarded the contract.

19.2 Electronic Submission of Bids:

The bidder shall submit online the requirements under qualification criteria and
Technical and Financial parts. The contents of the Post Qualification and Technical and
Financial bid shall be as specified in clause 12 of the ITB.

A) On-line: Scanned copies of online payment receipt of Tender Processing Fee, Bid Security
(scanned copy of Bid security if submitted in the form of Bank Guarantee),
Technical Bid and other supporting documents like (i) Certificate of similar
nature of work done, completed in last 5 (five) years (ii) affidavit with
photographs of machineries /equipments registered, in a court of Law affirming
that he will use the stated machineries/equipmentsto carry out the contract (iii)
Undertaking of Technical key persons proposed by the bidder (iv) credit
facilities (minimum 10% of notified contract value) certified by the bankers (v)
Certificate of executed quantities of work done in last 5 (five) years (vi)
Undertaking for investment of minimum cash up to 25% of the value of the
work & affidavits etc as per clause 12.1 of the ITB

All the documents are required to be signed digitally by the bidder. After
electronic on line bid submission, the system generates a unique bid
identification number which is time stamped. This shall be treated as
acknowledgement of bid submission.

Financial Bid (BOQ & Form of Bid) (Only On-line) should be submitted
separately as VOLUME-II. Bidwill be rejected/ cancelled if Financial Bid
submitted off-line/hard copy.

B) Off-line: Hard Copies in Original of Affidavit for Correctness of Information, Bid Security
in the form of Bank Guarantee, Bank‟s credit certificate and any other Affidavit
required to be submitted as per clause 12.1 of the ITB.

The Bidder shall seal the hard copies in one envelope duly marking the envelope
as “HARD COPIES: to be opened not before as per tender schedule (date & time
of Technical Bid opening)”.

The Bidder shall also paste the printout of Bid Acknowledgement from
www.assamtenders.gov.in on the outer envelope.

In addition to the identification above, the envelope shall indicate the name and address of the
bidder to enable the bid to be returned unopened in case it is declared late, pursuant to Clause
21, or the Evaluation Committee declares the bid as non-responsive pursuant to Clause 23.

22
20. Deadline for Submission of the Bids
20.1 Complete Bids (including Technical and Financial) must be received by the Employer at
the address specified above and not later than the date indicated in appendix. In the
vent of the specified date for the submission of bids declared a holiday for the
Employer, the Bids will be received up to the appointed time on the next working day.
20.2 The Employer may extend the deadline for submission of the bids by issuing an
amendment in accordance with clause 10, in which case all rights and obligations of the
Employer and the bidders previously subject to the original deadline will then be
subject to the new deadline.

21. Late Bids

21.1 The electronic bidding system would not allow any late submission of bids after due date and
time as per server schedule. Any Hard Copies received by the Employer after the deadline
prescribed in Clause 20 will be returned unopened to the bidder.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their bids by giving notice in writing before the
deadline prescribed in Clause 20 or pursuant to Clause 23.

22.2 Each bidder‟s modification or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with clause 18 & 19, with the outer and inner envelopes
additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.
22.3 No bid may be modified after the deadline for submission of Bids except in pursuance
of Clause 23.
22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and
the expiration of the original period of bid validity specified in Clause 15.1 above or
extended pursuant to Clause 15.2 may result in the forfeiture of the Bid security
pursuant to Clause 16.

E. BID OPENING AND EVALUATION

23. Bid Opening
23.1 The Employer will open all the Bids received (except those received late), including
modifications made pursuant to Clause 22, in the presence of the Bidders or their
representatives who choose to attend at time, date and place specified in Appendix in
the manner specified in Clause 20 and 23.3. In the event of the specified date of Bid
opening being declared a holiday for the Employer, the Bids will be opened at the
appointed time and location on the next working day.
23.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first, Bids for which
an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not
be opened.
23.3 Before opening the envelope containing hard copy of “Technical Bid” documents,
envelope containing cost of bid document & then the envelope containing bid
security will be opened first. The amount, form and validity of the bid security and
cost of document furnished with each bid will be announced. If the bid security
furnished does not conform to the amount and validity period as specified in the
Appendix to ITB and has not been furnished in the form specified in Clause 16, the
online technical bid and the online financial bid will be destroyed and all papers
submitted with manual technical bid will be returned unopened to the bidder.
23.4 i) Subject to confirmation of the bid security by the issuing Bank, the bids
accompanied with valid bid security will be taken up for evaluation with respect to the
Qualification Information and other information furnished in Part-I of the Bid pursuant
to Clause 12.1.
ii) After receipt to confirmation of the bid security, the bidder will be asked in writing
(usually) within 10 days of opening of the Technical Bid) to clarify or modify his
technical bid, if necessary, with respect to any rectifiable defects.

23
 iii) The bidders will respond in not more than 7 days of issue of the clarification letter,
which will also indicate the date, time and venue of opening of the Financial Bid
(usually on the 21st day of opening of the Technical Bid).
iv) As soon as possible, the Evaluation Committee will finalize the list of responsive
bidders whose financial bids are eligible for consideration.
v) The Employer shall inform the bidders, whose technical bids is found responsive, of
the date, time and place of opening of the financial bids. The bidders so informed , or
their representative, may attend the meeting of opening of financial bids
23.5 If, as a consequence of the modification carried out by the bidder in response to sub-
clause 23.4, the bidders desire to modify their financial bid, they will submit the
modification in separate sealed envelope so as to reach the Employer‟s address (refer
Sub-Clause 19.2) before the opening of the financial bid as intimated in the clarification
letter (refer sub-clause 23.4). The envelope shall have clear marking “MODIFICATION
TO FINANCIAL BID-Not to be opened except with the approval of the Evaluation
Committee”.
23.6 At the time of opening of “Financial Bid”, the names of Bidders were found responsive
in accordance with clause 23.4 (iv) will be announced. The bids of only these bidders
will be opened. The remaining bids will be returned to the bidders unopened. The
responsive Bidders‟ names, the Bid prices, the total amount of each Bid, any discounts,
Bid Modifications and withdrawals, and such other details as the Employer may
consider appropriate, will be announced by the Employer at the opening. Any Bid price
or discount, which is not read out and recorded, will not be taken in to account in Bid
Evaluation.
23.7 In case bids are invited in more than one package, the order for opening of the
“Financial Bid” shall be that in which they appear in the “Invitation for Bid”.
23.8 The Employer shall prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.6.

24. Process to be Confidential

24.1 Information relating to the examination, clarification, evaluation and comparison of
Bids and recommendations for the award of a contract shall not be disclosed to Bidders
or any other persons not officially concerned with such process until the award of the
successful Bidders has been announced. Any effort by Bidder to influence the
Employer‟s processing of Bids or award decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

25.1 To assist in the examination, evaluation and comparison of Bids, the Employer may, at
his discretion, ask any Bidder for clarification of his Bid, including breakdown of unit
rates. The request for clarification and the response shall be in writing or by cable, but
no change in the price of substance of the Bid shall be sought, offered or permitted
except as required to confirm the correction of arithmetic errors discovered by the
Employer in the evaluation of the Bids in accordance with Clause 27.
25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating
to his bid from the time of the bid opening to the time of the contract is awarded. If the
Bidder wishes to bring additional information to the notice of the Employer, it should
be do so in writing.
25.3 Any effort by the Bidder to influence the Employer in the Employer‟s Bid evaluation,
bid comparison or contract award decisions may result in the rejection of the Bidder‟s
bid.

26. Examination of Bids and Determination of Responsiveness

26.1 During the detailed evaluation of “Technical Bids”, the Employer will determine
whether each Bid (a) meets the eligibility criteria defined in Clause 3 and 4, (b) has been
properly signed; (c) is accompanied by the required securities and (d) substantially

24
 responsive to the requirement of the Bidding documents. During the detailed
evaluation of the “Financial Bid”, the responsiveness of the bids will be further
determined with respect to the remaining bid conditions i.e., priced Bill of Quantities,
Technical specifications, and Drawings.
26.2 A substantially responsive “Financial Bid” is one which conforms to all the terms,
conditions, and specifications of the Bidding documents, without material deviation or
reservation. A material deviation is one (a) which affects in any substantial way the
scope, quality, or performance of the works; (b) which limits in any substantial way, in
consistent with the bidding documents, the Employer‟s rights or the bidder‟s
obligations under the contract; or (c) whose rectification would affect unfairly the
competitive position of other Bidders presenting substantially responsive Bids.
26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer,
and may not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.

27. Correction of Errors

27.1 “Financial Bids” determined to be substantially responsive will be checked by the
Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
(a) Where there is discrepancy between the rates in figures and in words, the rate in
words will govern; and
(b) Where there is discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will govern.
27.2 The amount stated in the “Financial Bid” will be corrected by the Employer in
accordance with the above procedure and the Bid amount adjusted with the
concurrence of the Bidder in the following manner.
(a) If the Bid price increases as a result of these corrections, the amount as stated in the
bid will be the “Bid Price” and the increase will be treated as rebate;

(b) If the Bid price decreases as a result of the corrections, the decreased amount will be
treated as “bid price”.
Such adjusted bid price shall be considered as binding upon the Bidder. If the Bidder
does not accept the corrected amount the Bid will be rejected, and the Bid security may
be forfeited in accordance with Sub-Clause 16.6 (b).

28. Deleted

29. Evaluation and Comparison of Financial Bids

29.1 The Employer will evaluate and compare only the Bids determined to be substantially
responsive in accordance with Sub-Clause 26.2.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid price
by adjusting the Bid price as follows:
(a) Making any correction for errors pursuant to Clause 27; or
(b) Making an appropriate adjustment for any other acceptable variations, deviation; and
(c) Making appropriate adjustments to reflect discounts or other price modifications
offered in accordance with Sub-Clause 23.6.
29.3 The Employer reserves the right to accept or reject any variation or deviation. Variations
and deviations and other factors, which are in excess of requirements of the Bidding
documents or otherwise result in unsolicited benefits for the Employer, shall not be
taken into account in Bid evaluation.
29.4 The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contract, during the period of implementation of the contract, will not be
taken into account in Bid evaluation.
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer‟s
estimate of the cost of work to be performed under contract, the Employer may require
the bidder to produce detailed price analysis for any or all items of the Bill of Quantities,
25
 to demonstrate the internal consistency of those prices with the construction methods
and schedule proposed. After evaluation of the price analysis, the Employer may
require that amount of the performance security set forth in Clause 34 be increased at
the expense of the successful Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under the Contract.
29.6 A Bid, which contains several items in the Bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the Bidder, may be
rejected as non-responsive.
30. Deleted

F. AWARD OF CONTRACT
31. Award Criteria
31.1 Subject to Clause 32, the Employer will award the contract to the bidder whose Bid has been
determined.
(i) To be substantially responsive to the Bidding documents and who has offered the lowest
evaluated Bid price; and
(ii) To be within the available bid capacity adjusted to account for his bid price which is evaluated
the lowest in any of the packages opened earlier than the one under consideration.
In no case, the contract shall be awarded to any bidder whose available bid capacity is less than
the evaluated bid price, even if the said bid is lowest evaluated bid. The contract will in such
cases be awarded to the next lowest bidders at his evaluated bid price.

32. Employer’s Right to Accept any Bid and to Reject any of all Bids
32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to
cancel the Bidding process and reject all Bids, at any time prior to the award of Contract, without
thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the
affected Bidder or Bidders of the grounds for the Employer‟s action.
32.2.1 DELETED
32.2.2 The acceptance and rejection of tenders/bids is left entirely to the discretion of the Chief
Engineer, PWD, (Roads), Assam/ Tender committee as applicable.
32.2.3 Even though a bidder meet al l qualifying criteria and successfully comes out in technical bid
evaluation and also appears to be lowest (L1) bidder while framing the comparative statement,
he or they (in case of Firm) are subject to be disqualified if the bidder or any of its partners (of a
Firm).
 Make misleading or false representations in the forms, statements and attachments submitted
with the bid.
 Records of poor performance during last five years, as on the date of bid such as abandoning the
works, rescinding the contract for reasons attributable to the non performance of the contractor/
bidder, inordinate delay in completion, consistence history of litigation/ arbitration award
against the bidder or any of its constituents or financial failure due to bankruptcy etc.
 Showing very poor performance in implementation of PWD works.

33. Notification of Award and Signing of Agreement

33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to
expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter.
This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will
state the sum that the Employer will pay the Contractor in consideration of the execution,
completion and maintenance of the Works by the contractor as prescribed by the contract
(hereinafter and in the contract called the “Contract Price”).
33.2 The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with provision of Clause 34.
33.3 The Agreement will incorporate all Agreement between the Employer and the successful Bidder.
The successful bidders will furnish performance security and sign the agreement within 21
(twenty one) days following the notification of award (letter of acceptance).
33.4 Upon the furnishing by the successful Bidder of the performance security, the Employer will
promptly notify the other bidders that their Bids have been unsuccessful.

34. Performance Security

26
34.1 Within 10 (ten) days of issue of the letter of acceptance, the successful Bidder shall deliver to the
Employer a performance security in any of the forms given below for an amount equivalent to
2% of the contract price plus additional security of unbalance bids in accordance with Clause
29.5 of ITB and Clause 52 of conditions of Contract.
- A bank guarantee in the form given in section 9;
Or Bank FDR.

Validity Period: As Below

(i) Performance security shall be valid for the period of 45 days after the expiry of Liability
Period of 5 (Five) years from the date of completion of work.
34.2 If the performance security if provided by the successful bidder in the form of a bank Guarantee,
it shall be issued either (a) at the bidders option, by a nationalized/schedule Indian Bank or (b)
by a Foreign Bank located in India approved by RBI and acceptable to the Employer.

34.3 Failure of the successful bidder to comply with the requirements of Sub-Clause 34.1 shall
constitute sufficient grounds for cancellation of the award and forfeiture of the bid security.
34.4 Deleted

35. Advance Payment and Security

35.1. The Employer will provide an Advance Payment on the Contract Price as stipulated in
the Conditions of Contract, subject to maximum amount, as stated in the Contract Data.

36. Dispute Review Expert

36.1 The Employer proposes that name of the proposed Dispute Review Expert as indicated in
Appendix be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated
in Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder
should so state in the Bid. If the Letter of Acceptance, the Employer has not agreed on the
appointment of the Dispute Review Expert, the dispute review expert shall be appointed by the
Govt. of Assam.
37. Corrupt or Fraudulent Practices
37.1 The Employer will reject a proposal for award if it determines that the bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question
will declare the form in eligible, either indefinitely or for a stated period of time, to be awarded a
contract with National Highway Authority of India/State P.W.D. and any other agencies, if at
any time determines that the firm has engaged in corrupt or fraudulent practices in competing
for the contractor, or in execution.
37.2 Further more, Bidder shall be aware of the provision stated in Sub-Clause 23.2 and Sub-Clause
59.2 of the Conditions of Contract.

38. Design and Drawing

38.1. The selected bidder shall have to prepare design and drawing of RCC bridge on the basis of approved
hydraulic particulars and SSI report and submit accordingly to the Chief Engineer PWD (Roads), Assam
in 4 ( four) sets for necessary approval.

38.2 The proposal of Bridge proper along with Detailed Design calculations and drawings if required may be
forwarded by the department for the Proof Checking to the IIT- Guwahati. In this regard, no extra payment
will be made to the contractor by the Department for the proof checking of the design calculations and
drawings, and the Contractor should include the cost of proof checking of design and drawing while
quoting rate for the bridge work

27
 Appendix to ITB
ITB Clause Ref: (4.3):
The information required from bidders are as per clause 4.3

ITB Clause Ref: (12.1) Part I (II):

1) The other documents required are: The Bidder must submit an affidavit with photographs of machineries
/equipments registered in a court of Law affirming that he will use the stated machineries/ equipments to carry
out the contract.
2) The Bidder must submit the following with the bid:
a) Registration certificate
b) Copy of PAN Card
c) Professional clearance
d) Power of Attorney
e) Scanned Copies of online payment receipt of Tender Processing Fee and Bid
Security.
f) Scanned copy of Bank Guarantee, in case, the bidder wishes to submit Bid
Security In the form of a Bank Guarantee
g) Audited Balance sheet signed by qualified CA for last five years showing
amount receipt from Civil Contract
h) Undertaking of Technical key persons proposed by the bidder with attested
copies of Certificate of academic qualification, complete postal /e-mail address,
contact no. & details of past experience with project names
i) Methodology & work programme
j) Litigation history
k) Bank‟s liquidity certificate in prescribed format (unconditional)
l) Certificate of similar nature of work done, completed in last 5 (five) years, issued
by the authorized Engineer in-charge.
m) Certificate of executed quantities of work done in last 5 (five) years, issued by
the authorized Engineer in-charge.
n) List of existing commitments with value of remaining work as on the date of
submission of Bid
o) Undertaking for investment of minimum cash up to 25% of the value of the
work during implementation of the contract.
p) Original affidavit of correctness of information.

3) The bidders shall submit the manual technical bid as follows:

(a) Scanned copies of online payment receipt of Tender Processing Fee and Bid Security.
(b)Bank Guarantee in original, in case, the bidder wishes to submit Bid Security In the
form of a Bank Guarantee.
( c) One hard copy of technical bid (self-attested supporting documents only etc.) as per
clause 12.1 of the ITB for verification & checking authenticity of documents during
evaluation. in separate sealed envelopes.
These three envelopes shall then be put inside one outer envelope

ITB Clause Ref: (16):

The amount of Bid Security / EMD shall be as stated in IFB
(Exemption: from bid security is 50% on the above mentioned amount rounded off to nearest thousand in
case of contractors belonging to ST/SC/MOBC/ OBC and unemployed Degree/Diploma engineers).

ITB Clause Ref:(34.1):

a) The amount of performance guarantee is 2% (two percent) and Performance security shall be valid up to a date
45 days after the expiry of Defect Liability Period of 5(Five) year after intended completion date.
b) Performance security should be in favour of concerned Executive Engineer, PWRD,
ITB Clause Ref: (13.4): Deleted

28
Appendix to ITB (1) Clause reference with Respect to Section-I

1. Name of the Employer:: Chief Engineer, PWD, (Roads), Assam, Chandmari, Guwahati-03.

2. The last five years::

Furnish the information required below (under „3‟ and „4‟) for the following financial years:
2019-2020
2020-2021
2021-2022
2022-2023
2023-2024
3. The annual financial turnover amount:67% of respective value of work mentioned in
IFB
[Refer to „clause 4.5A (a)‟ of section –I instruction to bidders]

4. Value of similar work: 1/3rd of respective value of work in IFB

(Not less than one third of contract value.)
[Refer to „clause 4.5A (b)‟ of section –I instruction to bidders]

5. Quantities of works are:

[Refer to „clause 4.5A (c)‟ of section –I instruction to bidders]
40% of estimated quantity of major items as detailed in the online Bill of Quantities

6. Liquid assets or availability of credit facilities is :10% of DNIT Value

[Refer to „clause 4.5B (c)‟ of section –I instruction to bidders] 10 (ten) percent of the
contract value

7. Availability of key and critical equipments:

[Refer to „clause 4.5B (a)‟ of section –I instruction to bidders]

8. Availability of key personnel::

[Refer to „clause 4.5B (b)‟ of section –I instruction to bidders]

9. Price level of the Financial year :2024-25

10. Assessed available bid capacity:

[Refer to „clause 4.7‟ of section –I instruction to bidders]

11. Addressed of the employer:

Chief Engineer (Roads), PWRD, Assam, Chandmari, Guwahati-3

12. Identification bid for:-As detailed in DNIT

13. The bid should be submitted latest by :as per tender time schedule

14. Technical bid will be opened at Development Branch, office of the Chief Engineer
(Roads), PWRD, Assam, Chandmari, Guwahati-3:As per tender time schedule

15. Bank Guarantee for Bid security in favourof :Chief Engineer (Roads), PWRD, Assam.

16. Tender Processing Fee: Online Payment Only

17. Name of Dispute Review Expert is:(to be decided mutually later)

At a daily fee of Rs............... with reimbursable expenses.

29
18. Escalation factor (Year before/ Multiply factor):
Following Enhancement factor will be used for the cost of works executed in the
financial figures to a common base value for the works completed in India.

Year Before Multiplying

Factor
One 1.10
Two 1.21
Three 1.33
Four 1.46
Five 1.61

Applicant should indicate actual figures of cost and amount for the works executed by
them withoutaccounting for the above-mentioned factors.

30
Qualification Information [Reference CI. 4.5 (B) (a)] - Annexure - I

List of Key Plant & Equipment to be deployed on Contract Work (Capacity & Numbers varying depending
upon the different scope/provision) :

Minimum
Sl.
Type of Equipment Minimum Capacity Requirement (in
No.
Nos.)
1 Hot Mix Plant 100-120 TPH 1
Paver Finisher hydrostatic with Sensor
2 75 cum/hr. 1
Control
3 Excavator cum Loader 2
4 Static Roller 8 to 10 T 3
5 Vibratory Roller 8 to 10 T 1
6 Water Tanker with sprinkler 6KL 1
7 Mechanical Broom 1250 Sqm/Hr. 1
8 Tippers 5.5 cu.m 3
9 Bitumen Boiler /Distributor 7 to 10 T 1
10 Pay Loader 1
11 Truck 10 T 3
12 Mobile van 2
12 Water Pump 10 HP 2
13 Welding M/C 10 HP 2
14 Diesel Electric Generator 35 KVA 2
15 Needle Vibrators 4
16 Plate Vibrator 1
Concrete mixer with weighing and water 10/7 ft 3
17
necessary facility
18 Concrete Batching Plant with Generator 10 cum/hour 1
19 Double Drum Power Winch 5 Ton 2
20 Prestressing jack with Pump Multipull 2
21 Piling Rig with accessories 2
22 Compressor 1
Grouting pump 1
23
24 Concrete pump with all accessories 10 cum/hour 1

Note: (a) The bidder must produce the following documentary evidence in support of his owning the above equipment:.

1. The bidder will have to demonstrate availability of equipments required for construction of road and bridge
works either owned or on lease or hire as per proforma at 1.5 of section 2, qualification information.The
bidder must submit an affidavit.

2. Bidders shall also attach copies of R.C/Invoice of machineries under his possession. If proposed for lease,
the bidder shall submit such agreement made with the lessee along with documents of possession of such
machineries with the lessee.

31
Qualification Information [Reference CI. 4.5 (B) (b)]Annexure II
List of Key Personnel to be deployed on Contract Work:

Sl.No. Key Personnel Minimum Qualification Minimum

(Designation) Requirement (Nos.)
1 Project Manager B.E. Civil + 5 to 7 Years Exp. 1
B.E. Civil + 3 Years Exp. Or Diploma in Civil
2 Site Engineer 2
Engg + 5 years Exp
B.E. Mech. + 3 years Exp. Or Dip. Mech. + 7
3 Plant Engineer 1
years Exp.
B.E. Civil. + 3 years Exp. Or Dip. Civil. + 7 years
4 Quantity Surveyor 1
Exp.
B.E. Civil. + 3 years Exp. Or Dip. Civil. + 7 years
5 Soil & Material Engineer 1
Exp.
Total 6

32
 SECTION – 2
QUALIFICATION INFORMATION

33
 Qualification Information
The information to be filled in by the Bidder in the following pages will be used for purposes of post qualification as
provided for in Clause 4 of the Instructions to Bidders. This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder:
(attach Copy)
Power of attorney of signatory of Bid:
(attach)
Place of registration:
Principal place of business:
1.2 The Total Volume of civil Engineering Construction work performed in the last five years:

i) 2019-2020
ii) 2020-2021
iii) 2021-2022
iv) 2022-2023
v) 2023-2024

Qualification Information 1.3.1

Work performed as prime contractor, work performed in the past as a nominated sub-contractor will also be
considered provided the sub-contract involved execution of all the main items of work described in the bid document,
provided further that all other qualification criteria are satisfied (in the same name) of works of a similar nature over
the last five years.
Value of contract

Date of Issue of

Stipulated Date

Actual Date of
of Completion
Description of

Delay & Work

Project Name

Contract No.

Work Order

Completion

reasons for
(Rs. Crore)

Completed
explaining
Employer

Remarks
Name of

work

Add As Many Rows You Want To Add

Attach certificate(s) from the Engineer(s) – in charge

34
Qualification Information 1.3.2

Quantities of work executed as prime contractor, work performed in the past as a nominated sub-contractor
will also be considered provided the sub-contract involved execution of all main items of work described in
the bid document, provided further that all other qualification criteria are satisfied (in the same name and
style) in the five years.**

Year Name of the Name of the Quantity of work performed

Work employer
E/W GSB WBM/WMM BM/DBMC SDBC/BC RCC/PSC PCC/RCC Pile/ ICBP
Superstru Well
cture
2019-2020
2020-2021
2021-2022
2022-2023
2023-2024

*Attach certificate(s) from the Engineer (s)-in-charge.

Immediately preceding the financial year in which bids are received.

Qualification Information 1.4 (A)

Information on Bid Capacity (works for which bids have been submitted and works which are yet to be
completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Description of Place & Contract Name & Value of Stipulated Value of works Anticipat
Work State No Address of Contract period of remaining to be ed Date
Employer (Rs. completion completed of
Crore) (Rs. Crore) * completi
on

Add As Many Rows You Want To Add

*Attach certificate(s) from the Engineer (s)-in-charge. If certificate is not submitted the bids may be rejected
or 100% value will be considered as existing commitment.

35
Qualification Information 1.4 (B)
(B) Works for which bids already submitted:
Description of Place Name & Estimated Value of Stipulated Date when Remarks,
Work & Address of Works period of decision is if any
State Employer (Rs. Crore) completion expected

Add As Many Rows You Want To Add

Qualification Information 1.5

1.5 Availability of key items of contractor’s Equipment essential for carrying out the works [Ref. Clause 4.5
(B) (a)]. The Bidder should list all the information requested below. Refer also to Sub Clause 4.3 (d) of the
Instructions to Bidders.

Remarks(from
Item of
Requirement Availability proposals whom to be
Equipment
purchased)
Nos V
No. Capacity Owned Age/ Condition
Capacity

Note: (a) The bidder must produce the following documentary evidence in support of his owning the above
equipment: 1. The bidder will have to demonstrate availability of equipments required for construction of
road and bridge works owned by him as per proforma at 1.5 of section 2, qualification information. 2. The
bidder must submit an affidavit/ Certificate from the Engineer. The bidder shall also attach copies of
RC/Invoice of machineries under his ownership. 3. The bidder must have ownership of Hot Mix Plant that to
be used for execution of the construction work. Documentary evidence of ownership in the form of a
certificate from the Executive Engineer, PWD (Roads) under whose jurisdiction the Hot Mix Plant possessed
by the bidder is located and a geo-stamped photograph of the plant, which is mandatory for bidding in
works with BM/DBM/BC.

36
Qualification Information 1.6_
1.6 Qualifications and experience of key personnel required for administration and execution of the Contract
[Ref. Clauses 4.5 (B) (b)]. Attach biographical data. Refer also to Sub Clause 4.3 (e) of instructions to
Bidders and Sub Clause 9.1 of the Conditions of Contract.

Year of
Position Years of experience in
Sl.No. Name Qualification Experience
Designation the proposed position
(General)

1 Project Manager

2 Site Engineer
Plant Engineer
3

4 Quantity Surveyor

Soil & Material

5
Engineer

Total

37
Qualification Information 1.7
Proposed sub-contracts and firms involved [refer ITB Clause 4.3(K)]
Sections of the Works Value of subcontract Sub-contractor (name Experience in similar work
and address)

Add As Many Rows You Want To Add

Qualification Information 1.8-1.10

1.8 Financial reports for the last five years: balance sheets, profit and loss statements, auditor‟s reports (in
case of companies/corporation), etc. List them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of
credit, etc. List them below and attach copies of support documents.

1.10 Name, address, and telephone, telex, and facsimile numbers of bidders bankers who may provide
references if contacted by the Employer.

Qualification Information 1.11

1.11 Information on litigation history in which the Bidder is involved.

Remarks showing present

Other Party (ies) Employer Cause of Dispute Amount involved
status

Add As Many Rows You Want To Add

Qualification Information 1.12-1.15 :

1.12 Statement of Compliance:
1.13 Proposed work method and schedule:
1.14 Programme:
1.15 Quality Assurance Programme:

2. Deleted

Qualification Information 3 :
3. Additional Requirements: 3.1
3.1 Bidders should provide any additional information required to fulfill the requirements of Clause 4 of
the Instructions to the Bidders, if applicable
(i) Legal document in the form of Affidavit:
(ii) Undertaking:
(iii) Authority to seek reference from the bidder’s bankers:

38
Qualification Information 4.5 A(ITB) :

Year minimum annual value of completion of execution of Contracts

financial turnover one similar work as minimum abandonment
(In Rs.) prime contractor quantities of the (Yes/No)
(In Rs.) major items of
work
2019-2020
2020-2021
2021-2022
2022-2023
2023-2024

Qualification Information [Reference CI. 4.5 (B) (b)]Annexure II

List of Key Personnel to be deployed on Contract Work:

Sl.No. Key Personnel Minimum Qualification Minimum

(Designation) Requirement (Nos.)
1 Project Manager B.E. Civil + 5 to 7 Years Exp. 1
B.E. Civil + 3 Years Exp. Or Diploma in Civil
2 Site Engineer 2
Engg + 5 years Exp
B.E. Mech. + 3 years Exp. Or Dip. Mech. + 7
3 Plant Engineer 1
years Exp.
B.E. Civil. + 3 years Exp. Or Dip. Civil. + 7 years
4 Quantity Surveyor 1
Exp.
B.E. Civil. + 3 years Exp. Or Dip. Civil. + 7 years
5 Soil & Material Engineer 1
Exp.
Total 6

Qualification Information 4.5.c

Quantities of work executed as prime contractor, work performed in the past as a nominated sub-contractor will also
be considered provided the sub-contract involved execution of all main items of work described in the bid document,
provided further that all other qualification criteria are satisfied (in the same name and style) in the last five years.

Year Name of the Name of the Quantity of work performed

Work employer
E/W GSB WBM/ BM/DB SDBC/ RCC/P PCC Pile/ ICBP
WMM MC BC SC /RC Well
Superst C
ructure
2019-2020
2020-2021
2021-2022
2022-2023
2023-2024

39
Attach certificates (s) from the Engineer(s)-in Charge

40
SECURITIES AND OTHERS FORM

BID SECURITY (BANK GUARANTEE):

PERFORMANCE BANK GUARANTEE:

BANK GUARANTEE FOR ADVANCE PAYMENT:

INDENTURE FOR SECURED ADVANCES:

LETTER OF ACCEPTANCE:

AGREEMENT:

ISSUE OF NOTICE TO PROCEED WITH THE WORK:

UNDERTAKING:

41
Qualification Information 4.3
All bidders shall furnish the following information in Section 2.

Evidence of access to or availability of credit facilities:1

Power of attorney:

Latest income tax-clearance certificate from concerned department:

Copy of PAN card:

1 Evidence of access to or availability of credit facilities (minimum 10% of notified contract value) certified by the bankers.

42
Financial Turn Over For Last Five Years :

Financial annual turnover for the year 2019 – 2020 :

Financial annual turnover for the year 2020 – 2021 :

Financial annual turnover for the year 2021 – 2022 :

Financial annual turnover for the year 2022 – 2023 :

Financial annual turnover for the year 2023 – 2024 :

Total value of Civil Engineering construction Work performed :

Attach certificates (s) from the Engineer(s)-in Charge

In the year 2019-2020 (in Rs. Lakhs):

In the year 2020-2021 (in Rs. Lakhs):

In the year 2021-2022 (in Rs. Lakhs):

In the year 2022-2023 (in Rs. Lakhs):

In the year 2023-2024 (in Rs. Lakhs):

43
 SECTION – 3
CONDITIONS OF CONTRACT

44
 CONDITIONS OF CONTRACT

Table of Contents

A. General C. Quality Control

1. Definations 33. Identifying Defects

2. Interpretation 34. Tests
3. Language and Law 35. Correction of Defects
4. Engineer‟s Decisions 36. Uncorrected Defects
5. Delegation
6. Communications D. Cost Control
7. Sub-contracting 37. Bill of Quantity
8. Other contractors 38. Changes in the Quantities
9. Personnel 39. Variations
Employer‟s & Contractor 40. Payments and variations
10. Risks 41. Cash Flow Forecasts
11. Employer‟s Risks 42. Payment Certificates
12. Contractor‟s Risks 43. Payments
13. Insurance 44. Compensation Events
14. Site Investigation Report 45. Tax
15. Queries about the Contract Data 46. Currencies
16. Contractor to Construct the Works 47. Price Adjustment
17. The Works to be completed by the 48. Retention
Intended Completion Date 49. Liquidated Damages
18. Approval by the Engineer 50. Bonus
19. Safety 51. Advance Payment
20. Discoveries 43 52. Securities
21. Possession of the Site 53. Deleted
22. Access to the site 54. Cost of Repairs
23. Instructions
24. Disputes E. Finishing the Contract
25. Procedures for Disputes 55. Completion
Replacement of Dispute Review 56. Taking Over
26. Expert 57. Final Account

B. Time Control 58. Operating and Maintenance

27. Programme Manuals
Extension of the Intended 59. Termination
28. Completion Date 60. Payment upon Termination
29. Deleted 61. Property
30. Delays ordered by the Engineer 62. Release from Performance
31. Management Meeting
32. Early Warning F. Special Conditions of Contract
G. Additional Special Conditions

45
 CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions

1.1 Terms, which are defined in the Contract Data, are not also defined in the Conditions
of Contract but keep their defined meanings. Capital initials are used to identify
defined terms.
The Adjudicator (synonymous with Dispute Review Expert) is the person
appointed jointly by the Employer and the Contractor to resolve disputes in first
instance, as provided for in Clauses 24 and 25. The name of the Adjudicator is defined
in the Contract Data.
Bill of Quantities means the priced and completed Bill of Quantities forming
part of the Bid.
Compensation Events are those defined in Clause 44 hereunder.
The Completion Date is the date of completion of the works as certified by the
Engineer in accordance with Sub-Clause 55.1.
The Contract is the contract between the Employer and the Contractor to
execute, complete and maintain the Works. It consists of the documents listed in
Clause 2.3 below.
The Contract Data defines the documents and other information, which
comprise the Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works
has been accepted by the Employer.
The Contractor’s Bid is the completed bidding document submitted by the
contractor to the Employer and includes Technical and Financial Bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter
as adjusted in accordance with the provisions of the Contract.
Days are calendar days; Months are Calendar months.
A Defect is any part of the Works not completed in accordance with the
Contract.
The Defects Liability Period is the period named in the Contract Data and
calculated from the Completion Date.
The Employer is the party who will employ the Contractor to carry out the
Works.
The Engineer is the person names in the Contract Data (or any other competent
person appointed and notified to the Contractor to act in replacement of the Engineer)
who is responsible for supervising the Contractor, administering the contract,
certifying payments due to the Contractor, issuing and valuing Variation to the
Contract, awarding extensions of time, and valuing Compensation Events.
Equipment is the Contractor‟s machinery and vehicles brought temporarily to
the Site to construct the Works.
The Initial Contract Price is the Contract price listed in the Employer‟s Letter
of Acceptance.
The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is specified in the
Contract Data. The Intended Completion Date may be revised only by the Engineer by
issuing and extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the Works.
Plant is any integral part of the works, which is to have a mechanical, Electrical,
Electronic or Chemical or Biological function.
The Site is the area defined as such in the Contract Data.

46
 Site Investigation Reports are those, which were included in the bidding
documents and are factual interpretative reports about the surface and sub-surface
conditions at the site.
Specification means the specifications of the works included in the contract
and any modification or addition made or approved by the Engineer.
The Start Date is given in the Contract data. It is the date when the contractor
shall commence execution of the works. It does not necessarily coincide with any of the
Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a contract with the
Contractor to carry out a part work in the contract, which includes work on the site.
Temporary works are works designed, constructed, installed, and removed by
the Contractor, which are needed for construction or installation of the works.
A Variation is an instruction given by the Engineer, which varies the works.
The Works are what the contract requires the contractor to construct, install,
and turn over to the Employer, as defined in the contract data.

2. Interpretation
2.1 In interpreting these conditions of contract, singular also means plurals, 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 specially
defined. The Engineer will provide instructions clarifying queries about the conditions
of the contract.
2.2 If sectional completion is specified in the Contract Data, references in the conditions of
contract to the works, the completion date, and the intended completion date apply to
any section of the works (other than references to the completion date and intended
completion date for the whole of the works).
2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor‟s Bid
(4) Contract Data
(5) Condition of Contract including Special Conditions of Contract
(6) Specifications
(7) Bill of Quantities and
(8) Any other document listed in the Contract Data 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
Contract Data.

4. Engineer’s Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in 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 Contract and may cancel any delegation after
notifying the contractor.

6. Communications
6.1 Communications between parties which are referred to in the conditions are effective
only when in writing. A notice shall be effective only when it is delivered (in terms of
Indian Contract Act).

47
7. Sub-Contracting - Deleted

8. Other Contractors- Deleted

9. Personnel
9.1 The Contractor shall employ the Key Personnel named in the Schedule of Key
Personnel as referred to in the Contract Data to carry out the function stated in the
schedule or other personnel approved by the Engineer. The Engineer will approve any
proposed replacement of Key Personnel only if their Qualifications, Abilities and
Relevant Experience are substantially equal to or better than those of the personnel
listed in the schedule.
9.2 If the Engineer ask the Contractor to remove a person who is a member of the
contractor‟s staff or his work force stating the reasons the contractor shall ensure that
the person leaves the site within 7 days and has no further connection with work in the
contract.

10. Employer’s and Contractor’s Risks

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 Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the works in India, the risks of War, hostilities, invasion,
act of foreign enemies, rebellion, revolution, insurrection or military or usurped
power, civil work, riot commotion or disorder (unless restricted to the contractor‟s
employees) and contamination from any nuclear fuel or nuclear waste or radioactive
toxic explosive or (b) a cause due solely to the design of the works, other than the
contractor‟s design.

12. Contractor’s Risks

12.1 All risks of loss of or damage to physical property and of personnel injury and death
which arise during and in consequence of the performance of the contract other than
the expected risks are the responsibility of the contractor.

13. Insurance
13.1 The Contractor shall provide in the joint names of the Employer and the Contractor,
insurance covered from the Start Date to the end of the Defects Liability Period in the
amounts and deductibles stated in contract data 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 of property (except the Works, Plant, Materials and
Equipment) in connection with the Contract; and
(d) Personal injury or death.

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 affect the insurance which the Contractor should have provide 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 insurance shall not be made without the approval of the
Engineer.
48
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 Contract Data, supplemented by any information available to the
Bidder.

15. Queries about the Contract Data

15.1 The Engineer will clarify queries on the Contract Data.

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the Works in accordance with the
Specification and Drawings.

17. The Works to be completed by the Intended Completion Date.

17.1 The Contractor may commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the programme submitted by the Contractor,
as updated with the approval of the Engineer, and complete them by the Intended
Completion Date.

18. Approval by the Engineer

18.1 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.
18.2 The Contractor shall be responsible for design of temporary works.
18.3 The Engineer‟s approval shall not alter the Contractor‟s responsibility for design of the
Temporary Works.
18.4 The Contractor shall obtain approval of third parties to design of the Temporary
Works where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their use.

19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the site.

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

21. Possession of the Site

21.1 The Employer shall give possession of parts of the Site to the Contractor as per work
programme approved by the engineer-in-charge. If the possession of a part is not given
by the date stated in the Contract Data the Employer is deemed to have delayed the
start of the relevant activities and this will be Compensation Event.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer
access to the Site, to any place where work in connection with the Contract is being
carried out or is intended to be carried out and to any place where materials or plant
are being manufactured/fabricated/assembled for the works.

23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works,
which comply with the applicable laws where the Site is located.
49
23.2 The Contractor shall permit the Employer to inspect the Contractor‟s accounts and
records relating to the performance of the Contractor and to have them audited by
auditors appointed by the Employer, if so required by the Employer.

24. 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 Dispute Review Expert within 14 days of the
notification of the Engineer‟s decision.
25. Procedure for Disputes
25.1 The Dispute Review Expert (Board)* shall give a decision in writing within 28 days of
receipt of a notification of a dispute.
25.2 The Dispute Review Expert (Board)* shall be paid daily at the rate specified in the
Contract Data together with reimbursement expenses of the types specified in the
Contract.
____________________________________________________________________________
*Dispute Review Expert to be provided for works costing up to Rs. 50 Crores. Dispute Review
Board of three members (one from Employer, one from Contractor and one to be nominated
by IRC Council and agree by the representative members of Employer and Contractor) for
works costing more than Rs. 50 Crores.
Data and the cost shall be divided equally between the Employer and the Contractor,
whatever decision is reached by the Dispute Review Expert. Either party may give
notice to the other to refer a decision of the Dispute Review Expert to an Arbitrator
within 28 days of the Dispute Review expert‟s written decision. If neither party refers
the dispute to arbitration within the next 28 days, the Dispute Review Expert‟s
decision will be final and binding.
25.3 The arbitration shall be conducted in accordance with the arbitration procedure started
in the Special Conditions of Contract.
26. Replacement of Dispute Review Expert.
26.1 Should the Dispute Review Expert resign or die, or should the Employer and the
Contractor agree that the Dispute Review Expert is not fulfilling his functions in
accordance with the provisions of the Contract, a new Dispute Review Expert will be
jointly appointed by the Employer and the Contractor. In case of disagreement
between the Employer and the Contractor, within 30 days, the Dispute Review Expert
shall be designated by the Appointing Authority indicated in the Contract Data at the
request of either party, within 14 days of receipt of such request.

B. TIME CONTROL

27. Programme
27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer
for approval a Programme showing the general methods, arrangements, order, and
timing for all the activities in the works along with monthly cash flow forecast.
27.2 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining work including any changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer, for approval, an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does
not submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.

50
27.4 The Engineer‟s approval of the Programme shall not alter the Contractor‟s obligations.
The Contractor may revise the Programme and submit it to the Engineer again at any
time. A revised programme is to show the effect of variations and compensation
events.

28. Extension of the Intended Completion Date

28.1 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 and which would cause the Contractor to incur
additional cost.
28.2 The Engineer shall decide whether and by how much to extend the Intended
Completion Date within 35 days of the Contractor asking the Engineer for a decision
upon the effect of a 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.
28.3 The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The
Employer shall in not more than 21 days communicate to the Engineer the acceptance
or otherwise of the Engineer‟s decision. If the Employer fails to give his acceptance, the
Engineer shall not grant the extension and the contractor may refer the matter to the
Dispute Review under Clause 24.1.
29. Deleted
30. Delays ordered by the Engineer
30.1 The Engineer may instruct the Contractor to delay or progress of any activity within
the Works.
31. Management Meeting
31.1 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.
31.2 The Engineer shall record the business of management meetings and is to provide
copies of his record to those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken is to be decided by the Engineer
either at the Management meeting or after the management meeting and stated in
writing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to 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 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 is to be
provided by the Contractor as soon as reasonably possible.
32.2 The Contractor shall cooperate with the Engineer in making and considering proposals
for how the effect of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting instruction of the
Engineer.

C. QUALITY CONTROL
33. Identifying Defects
33.1 The Engineer shall checked the Contractor‟s work and notify the Contractor of any
defects that are found. Such checking shall not affect the Contractor‟s responsibilities.

51
 The Engineer may instruct the Contractor to search for a Defect to uncover and test
any work that the Engineer considers may have a Defect.

34. Tests
34.1 The contractor should set up field laboratory at the camp site with necessary future
and equipments required for carrying out the quality control test as per the attached
drawing.
34.2 The Contractor is required to carry out all necessary tests as per IRC norms for
earthwork, aggregates, bitumen etc. and get it approved by the Engineer. 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.

35. Correction of Defects

35.1 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 Contract
Data. The Defects Liability Period shall be extended for as long as Defects remain to be
corrected.
35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect
within the length of time specified by the Engineer‟s notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a Defect within the time specified in the Engineer‟s
notice, the Engineer will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.

D. COST CONTROL
37. Bill of Quantities
37.1 The Bill of Quantities shall contain items for the construction, installations, testing, and
commissioning work to be done by the Contractor.
37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rate in the Bill of Quantities for each item.

38. Changes in the Quantities

38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities
for the particular item by more than 25 per cent provided the change exceeds 1% of
initial Contract Price, the Engineer shall adjust the rate to allow for the change, duly
considering.

(a) Justification for rate adjustment as furnished by the contractor.

(b) Economies resulting from increase in quantities by way of reduces plant,
equipment, and overhead costs,
(c) Entitlement of the contractor to compensation events where such events are
caused by any additional work.

38.2 The Engineer shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded by more than 5 percent, except with the Prior approval of
the Employer.
38.3 If requested by the Engineer, the Contractor shall provide the Engineer with a detailed
cost breakdown of any rate in the Bill of Quantities.

39. Variations
39.1 All Variations shall be included in updated Programmes produced by the Contractor.

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40. Payments of Variations
40.1 The Contractor shall provide the Engineer with a quotation (with breakdown of unit
rates) for carrying out the Variation when requested to do so by the Engineer. The
Engineer shall assess the quotation, which shall be given with seven days or the
request of within any longer period stated by the Engineer and before the Variations is
ordered.
40.2 If the work in the Variations corresponds with an item description in the Bill of
Quantities and if, in the opinion of the Engineer, the quantity of work above the limit
stated in Sub-Clause 38.1 or the timing of its execution do not cause the cost per unit of
quantity to change, the rate in the Bill of Quantities shall be used to calculate the value
of the Variation. If the cost per unit of quantity changes, or if the nature or timing of
the work in the Variation does not correspond with items in the Bill of Quantities, the
quotation by the Contractor shall be in the form of new rates for the relevant items of
work.
40.3 If the Contractor‟s quotation is unreasonable, the Engineer may order the Variations
and make a change to the Contract Price which shall be based on Engineer‟s own
forecast of the effects of the Variation on the Contract‟s costs.
40.4 If the Engineer decides that the urgency of varying the work would prevent a
quotation being given and considered without delaying the work, no quotation shall
be given and the Variation shall be treated as a Compensation Event.
40.5 The Contractor shall not be entitled to additional payment for costs, which could have
been avoided by giving early warning.

41. Cash Flow Forecasts

41.1 When the Programme is updated, the contractor is to provide the Engineer with an
updated cash flow forecast.

42. Payment Certificates

42.1 The contractor shall submit to the Engineer monthly statements of the estimated value
of the work completed less the cumulative amount certified previously.
42.2 The Engineer shall check the Contractor‟s monthly statement within 14 days and
certify the amount to be paid to the Contractor after taking into account any credit or
debit for the month in question in respect of materials for the work in the relevant
amounts and under conditions set forth in Sub-Clause 51(3) of the Contract Data
(Secured Advance).
42.3 The value of work executed shall be determined by the Engineer.
42.4 The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities Completed.
42.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
42.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.

43. Payments
43.1 Payments shall be adjusted for deductions for advance payments, retention, other
recoveries in terms of the contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts certified by the Engineer as and when
fund is available.
43.2 If an amount certified is increased in a later certificate as a result of an award by the
Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed
payments as set out in this clause. Interest shall be calculated from the date upon
which the increased amount would have been certified in the absence of dispute.

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43.3 Items of the Works for which no rate or price has been entered in will not be paid for
by the Employer and shall be deemed covered by other rates and prices in the
Contract.
44. Compensation Events
44.1 The following Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access part of the Site as per the work programme
approved by the Engineer-in-charge by the Site Possession Date stated in the
Contract Data as per work programme approved by the engineer/employer.
(b) The Employer modifies the schedule of other contractors in a way which 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 works on time.
(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) Deleted.
(f) Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of Letter of Acceptance from the information
issued to Bidders (including the Site Investigation Reports), from information
available publicity 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) Deleted.
(j) The effect of the contractor of any of the Employer‟s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other compensation Events listed in the Contract Data or mentioned in the
Contract.
43.4 Whenever there is an addition or reduction to the contract price due to change in
legislation, variations or on account of any other Government determined reasons
amounting to more than the 25% of initial contract price, the Performance Security
shall be increased/ decreased by an equal percentage. The contractor shall deliver
Performance Security within 21 days of receipt of request in this regard from the
employer.
44. Compensation Events. Deleted
44.1 Deleted
44.2 Deleted.
44.3 Deleted.
44.4 Deleted.

45. Tax
45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the GST and
other levies, duties, royalties, cess, toll, taxes (except service tax) of Central and State
Governments, local bodies and authorities that the Contractor will have to pay for the
performance of this Contract. The Employer will perform such duties in regard to the
deduction of such taxes at source as per applicable law. The service tax shall be
reimbursed (if applicable) subject to production of proof of such payment by the
contractor.

46. Currencies
46.1 All payments shall be made in Indian Rupees.

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47. Price Adjustment-Deleted

48. Retention
48.1 The employer shall retain from each payment due to the Contractor the proportion stated in the Contract
Data until Completion of the whole of the Works.
48.2 On completion of the whole of the works the retained Security Deposit (8%) will be released @2%
at the elapse of one year after completion of the project, @2% at the elapse of two year after completion
of the project ,@ 2% at the elapse of three year after completion of the project and remaining 2% at the
elapse of four year after completion of the project . The 2% Performance Security or Additional
performance Security submitted by the contractor will be released after 28 days from end of Defect
Liabilty Period.

48.3 On completion of the whole works, the contractor may substitute retention money with an “on demand”
Bank Guarantee.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in Contract Data
(for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated
damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated damages does not affect the
Contractor‟s liabilities.
* For each day that the completion date is later than the intended completion date.
49.2 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. The Contractor shall be paid interest on the over payment calculated from the date of payment
of repayment at the rate specified in Sub-Clause 43.1.

49.3 If the contractor fails to comply with the time for completion as stipulated in the tender, then the contractor
shall pay to the employer the relevant sum stated in the Contract Data as Liquidated damages for such
default and not as penalty for every date or part of day which shall elapse between relevant time for
completion and the date stated in the taking over certificate of the whole of the works on the relevant
section, subject to the limit stated in the Contract Data.
The Employer may, without prejudice to any other method of recovery deduct the amount of such
damages from any monies due or to become due to the contractor. The payment of deduction of such
damages shall not relieve the contractor from his obligation to complete the work on from any other of his
obligations and liabilities under the contract.
49.4 If, before the Time for completion of the whole of the works or, if applicable, any Section, a Taking-Over
Certificate has been issued for any part of the Works or of a Section, the liquidated damages for delay in
completion of the remainder of the works or of that Section shall, for any period of delay after date stated
in such Taking-Over Certificate, and in the absence of alternative provisions in the Contract, the reduced
in the proportion which the value of the part so certified bears to the value of the whole of the Works or
Section, as applicable. The provisions of this Sub-Clause shall only apply to the rate of liquidated
damages and shall not affect the limit thereof.

50. Bonus:-
50.1 Deleted

51. Advance Payment

51.1 The Employer shall make advance payment to the contractor of the amounts stated in the Contract Data
by the date stated in the Contract Data, against provision by the Contractor of an Unconditional Bank
Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the
Advance payment. The guarantee shall remain effective until the advance payment has been repaid, but
the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor.

51.2 The contractor is to use the advance payment only to pay for Equipment, Plant and Mobilization expenses
required specifically for execution of the Works. The Contractor shall demonstrate that advance payment
has been used in this way by supplying copies of invoices or other documents to the Engineer. An interest

55
 bearing Mobilization advance shall be paid to the contractor exclusively for the cost of Mobilization at ten
percent of the contract price.

51.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due
to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No
account shall be taken of the advance payment or its repayment in assessing valuations of the work done,
Variations, price adjustments, Compensation Events, or Liquidated Damages.

51.4. Secured Advance : Deleted

52. Securities
52.1 The performance security (including additional security for unbalanced bids) shall be
provided to the Employer no later than the date specified in the letter of acceptance
and shall be issued in an amount and form and by a Bank or surety acceptable to the
Employer and denominated in Indian Rupee. The performance security shall be valid
until a date 28 days from the date of issue of the certificate of compensation.

53. Deleted
54. Cost of Repair
54.1 Loss or damaged to the works or materials to be incorporated in the works between
the start date and the end of the defects correction period shall be remedied by the
contractor at the contractor‟s cost if the loss or damages arises from the Contractor‟s
acts or omissions.

E. FINISHING THE CONTRACT

55. Completion
55.1 The Contractor shall request the Engineer to issue a certificate of completion of the
works and the Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the site and the works within 7 days of the Engineer
issuing a certificate of completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that
the Contractor considers payable under the contract before the end of the defects
liability period. The Engineer shall issue a defect liability certificate and certify any
final payment that is due to the contractor within 56 days of receiving the contractor‟s
account if it is correct and complete. If it is not, the Engineer shall issue within 56 days
a schedule that states the scope of the correction or additions that are necessary. If the
final account is still unsatisfactory after it has been resubmitted, the Engineer shall on
the account payable to the Contractor and issue a payment certificate, within 56 days
of receiving the contractor‟s revised account.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the
contractor shall supply them by the dates stated in the contract data.
58.2 If the contractor does not supply the drawings and/or manuals by the dates stated in
the contract data or they do not received Engineer‟s approval, the Engineer shall with
hold the amount stated in the contract data from payments due to the contractor.

59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the contract.
59.2 Fundamental breaches of contract include, but shall not be limited to the following:

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 (a) The Contractor stops work for 28 days when no stoppage of work is shown on
the current programme and the stoppage has not been authorized by the
Engineer;
(b) The Engineer instructs the Contractor to delay the progress of the works and
the instruction is not withdrawn within 28 days.
(c) The employer or the contractor is made bankrupt or goes into liquidation other
than for a reconstruction or amalgamation;
(d) A payment certified by the Engineer is not paid by the Employer to the
Contractor within 56 days of the date of the Engineer‟s certificate;
(e) The Engineer gives notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer;
(f) The Contractor does not maintain a security which is required;
(g) The Contractor has delayed the completion of works by the number of days for
which the maximum amount of liquidated damages can be paid as defined in
the Contract Data; and
(h) If the Contract, in the judgment of the Employer has engaged in corrupt of
fraudulent practices in competing for or in executing the Contract.
For the purpose of this paragraph: “corrupt practice” means the offering,
giving, receiving or soliciting of anything of value to influence the action of a
public official in the procurement process or in contract execution. “Fraudulent
practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the
Borrower, and includes collusive practice among Bidders(prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Borrower of the benefits of free and open competition”.
(i) The contractor does not bring to the site all the plants & machineries as per ITB
Sec 4.3(e) and / or does not ensure presence of key persons at site as mentioned
in the ITB Sec 4.3(e) to the full satisfaction of the Engineer-in-charge.
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer
for a cause other than those listed under Sub-Clause 59.2 above, the Engineer shall
decide whether the breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
59.5 If the Contract is terminated the contractor shall stop work immediately, make the site
safe and secure and leave the site as soon as reasonably possible.

60. Payment upon Termination

60.1 If the contract is terminated because of a fundamental breach of Contract by the
contractor, the Engineer shall issue a certificate for the value of the work done less
advance payments received up to the date of issue of the certificate, less other
recoveries due in terms of the contract, less taxes due to be deducted at source as per
applicable law and less the percentage to apply to the work not completed as indicated
in the Contract data. Additional Liquidation Damages shall not apply. 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.
60.2 If the contract is terminated at 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, the cost of balance material brought by the contractor
and available at site, the reasonable cost of removal of equipment, repatriation of the
contractor‟s personnel employed solely on the works, and the Contractor‟s costs of
protecting and securing the works and less advance payments received up to the date
of the certificate, less other recoveries due in terms of the contract and less taxes due to
be deducted at source as per applicable law.

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61. Property
61.1 All materials on the Site, Plant, Equipment, Temporary works and works are deemed
to be the property of the Employer, if the Contract is terminated because of a
Contractor‟s default.
62. Releases from Performance

62.1 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
commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

1. LABOUR:
The contractor shall, unless otherwise provided in the Contract, make his own arrangements for
the engagement of all staff and labour, local or other, and for their payment, housing, feeding and
transport.
The contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such
form and such intervals as the Engineer may prescribed, 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.
2. 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 the 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 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/bye
laws/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 the Contractor including his amount of
performance security. The Employer/Engineer shall also have right to recover from the Contractor any
sum required or estimated to be required for making good the loss or damage suffered by the Employer.
The employees of the Contractor and 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) Workman 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 of satisfaction of certain
conditions on separation if an employee has completed 5 years service or more on death, the rate of 15
days wages for every completed year of service. The Act is applicable to all establishments employing 10
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.

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(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 work of equal nature to
Male and Female workers and for not making discrimination against female employees in the matters of
transfers, training and promotion etc.
(i) Payment of Bonus Act 1965:- The Act is applicable to all establishments employing 20 or more
employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and
maximum of 20% of wages to employees drawing Rs. 3500/- per month or less. The bonus to be paid to
employees getting Rs. 2500/- per month or above up to Rs.3500/- per month shall be worked out by
taking wages at Rs. 2500/- per month only. The Act does not apply to certain establishments. The newly
set-up establishments are exempted for five years in certain circumstances. Some of the State
Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act.
(j) Industrial Disputes Act 1947:- The Act lays down the machinery and procedure for resolution of Industrial
disputes, in what situation a strike or lock out becomes illegal and what are the requirements for laying off
or retrenching the employees or closing down the establishment.
(k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all establishments employing 100
or more workmen (employment size reduced by some of the State 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 of children below 14
years of age in certain occupations and processes and provides for regulation of employment of children
in all other occupations and processes. Employment of Child Labour is prohibited in Building and
Construction Industry.
(n) Inter-State Migrant Workmen‟s (Regulation of Employment & Conditions of Service) Act 1979:- The Act is
applicable to an establishment which employs 5 or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the establishment situated in
another State). The Inter-State migrant workmen, in an establishment to which this Act becomes
applicable, are required to be provided certain facilities such as housing, medical aid, traveling expenses
from home up to the establishment and back, etc.
(o) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act
1996 and the Cess Act of 1996:- All the establishments who carry on any building or other construction
work and employs 10 or more workers are covered under this Act. All such establishments are required to
pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government.
The Employer of the establishment is required to provide safety measures at the Building or Construction
work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, housing
accommodation for workers near the work place etc. The Employer to whom the Act applies has to obtain
a registration certificate from the Registering Officer appointed by the Government.
(p) Factories Act 1948:- The Act lays down the procedure for approval of plans before setting up a factory,
health and safety provisions, welfare provisions, working hours, annual earned leave and rendering
information regarding accidents or dangerous occurrence 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.

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3. ARBITRATION (GCC Clause 25.3)
The procedure for arbitration will be as follows:

25.3 (a) In case of Dispute or difference arising between the Employer and a domestic contractor relating
to any matter arising out of or connected with this Agreement, such dispute or difference shall be settled in
accordance with the Arbitration and Conciliation Act, 1996. The parties shall make efforts to agree on a
sole arbitrator and only if such an attempt does not succeed and the 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 * Council, Indian Roads Congress.

(b) The Arbitral tribunal shall consist of three Arbitrators one each to be appointed by the Employer and the
Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties, and
shall act a presiding arbitrator. In case of failure of the two arbitrators by the parties to reach upon a
consensus within a period of 30 days from the appointment of the arbitrator appointed consequently, the
Presiding arbitrator shall be appointed by the * Council, Indian Roads Congress.

(c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above within 30
days after receipt of the notice of the appointment of its arbitrator by the other party, then the * Council,
Indian Roads Congress shall appoint the Arbitrator. A certified copy of the order of the Council, Indian
Roads Congress, making such an appointment shall be furnished to each of the parties.

(d) Arbitration proceedings shall be held in India, and the language of the arbitration proceedings and that
of all documents and communications between the parties shall be English.

(e) 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.
(f) Performance under the contract shall continue during the arbitration proceedings and payments due to
the contractor by the owners shall not be withheld, unless they are the subject matter of the arbitration
Proceedings.

4. Inspection and Plants and Allied Machinery:

The plant and allied machinery required for execution work of mainly BM, SDBC, Mixed Seal Surfacing,
WBM/WMM, PC &SC etc. shall be inspected/examined by the concerned Superintending
Engineer/Executive Engineer before commencement of the work.

G. ADDITIONAL SPECIAL CONDITIONS

1. In order to ensure submission of the work programme and approval of the same by the department before
commencement of the work the following target dates are fixed for the related activities for compliance by
all concerned:
A) The contractor after receiving the Letter of Acceptance shall furnish the work programme to the concerned
Executive Engineer within 10 (ten) days from the date of issue of the Letter of Acceptance.
B) The concerned Executive Engineer in turn shall forward the same after necessary scrutiny to the
Superintending Engineer for onward transmission to the Chief Engineer within 10 (ten) days from the
date of receipt of programme. The work program should be based upon M-S Project.
C) The signing of the contract agreement will be subject to the acceptance of the work programme by the
Chief Engineer.
2. From the date of taking over of site by contractor till the completion of the whole work, the entire
responsibility for **maintenance of the road portion & subways to RCC Bridges including the portions
where the work is not yet started (in addition to the maintenance of the already executed works) shall lie
with the contractor. In case the contractor fails to carry out the maintenance works, he will be notified by
the Executive Engineer to execute the same. If the contractor still then fails to carry out the same within 7
days from the date of receiving instruction etc. from the Executive Engineer in writing, the Executive
Engineer will be done the work and the cost thereof will be recovered from the contractor‟s next bill for the
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 works. The maintenance of Road as required in the place of work is to be carried out as per the existing
provisions of the road i.e. EW/GSB/WBM/WMM/BM/DBM /SDBC/BC as may be applicable as per the
direction of the Engineer in Charge.
3. The grade of bitumen for the various types of bituminous works course should be as per items of BOQ of
the work
4. The Hot Mix Plant should be set up within a linear distance of 20 to 30 km from the work site, as per IRC
SP:24.
5. The record of quality control test carried out in conformity with the technical specification No. 900 and
authenticated by the PWD staff shall be submitted to the Executive Engineer with every works bill and
secured advance bill. The Executive Engineer will forward no bill without these test records to the
employer/ Chief Engineer.
6. The contractor after receiving the letter of acceptance shall furnish 3(three) Xerox copies of the contract
agreement including the qualification criteria and other related papers forming the contract, as directed by
the Department for which no extra payment shall be paid by the employer/Deptt.
7. The contractor after receiving the letter of acceptance shall place technical key persons within 10 days
with their name with address for communication, telephone No to the concerned Executive Engineer.
During execution of the project, replacement of technical key persons, once posted cannot be
withdrawn/replaced without prior approval of the employer/Deptt.
8. The contractor after receiving the letter of acceptance shall place required good condition & workable
tools & machineries at work‟s site within 10 days.
9. Field laboratory as per prescribed plan with quality control equipments are to be set up at site within 20
days from the date of receiving the letter of acceptance. 2nos of B.Sc Graduate and 1no of Diploma in
Civil are to be employed for conducting the necessary tests and for maintaining the laboratory.
10. Possession of site will be given fully or partly in phase manners per site condition according to work
programme, progress of work, relevant activities without affecting the mile stones, this will not be
considered as Compensation Event. This may be read in conjunction with cl No. 21.1 of condition of
contract.

11. Deleted.

12. A third party monitoring with appropriate video recording/ photography of the progress of implementation
at the project site shall be carried on during the execution of work and on completion of the work as
mandatory. The third party as appointed by the State Govt. shall be informed by the Employer to the
selected bidder and concerned Executive Engineer of the PWD Division.
13. All testing for Bituminous Products must be carried from either of the following Laboratories/ Institutions:
a. I.I.T Guwahati
b. Road Research Laboratory, PWD Guwahati
c. Silchar NIT
The sample from which the testing has to be conducted shall be decided by the Employer i.e. Chief
Engineer PWD Roads / Engineer-in -Charge.
14. The following quality control equipments for field laboratory are to be kept at site for quality control tests to
be done by the Contractor under the strict supervision of the departmental Engineer and Staff.
A) For Earthwork :-
i) Moisture Meter with chemicals
ii) Apparatus for measuring Dry density by sand replacement method
iii) Apparatus for measuring Dry density by core cutter method
iv) Oven, electrically operated and thermostatically controlled upto 2000C & 3000C (sensitivity 10C)
v) Electronic balance of 200gm capacity 0.01gm accuracy.
vi) Madras Sand.
B) For G.S.B., W.B.M., P.C. & S.C, B.M. & S.D.B.C. Work :-
i) Automatic Core cutting Machine
ii) Thermometers.
a) Metallic type (Mercury in steel) with 30cm atem and 3m stem for near and distant readings.
b) Glass type (Mercury in glass) of ranges 1100C, 2500C
c) Infra-red Temperature meter
d) Digital thermometer (-500C to 3000C)
iii) Electronic balance of 10kg capacity of accuracy 0.5gm.
iv) Electronic balance of 5kg capacity of accuracy 0.01gm.
v) Standard set of 1.5 sieves, lid and Pan :-
61
 a) 450mm dia for coarse aggregate, 63mm, 53mm, 37.5mm, 26.50mm, 13.20mm, 9.50mm, 6.7mm
and 4.75mm.
b) 200mm dia for file aggregates :-
2.36mm, 2.0mm, 1.18mm, 600 micron, 425 micron, 300 micron, 150 micron, 75 micron.
vi) Flakiness and Elongation test gauge as per IS:2386 Part-1
vii) Water Adsorption Test apparatus as per IS:2386 Part-5
viii) Aggregate Impact value test apparatus as per IS:2386 Part-4
ix) Penetration test apparatus
x) Softening point test apparatus
xi) Apparatus for determining solubility in trichloroethylene test
xii) Viscometer as per IS:3117 for emulsion
xiii) Electrically operated centrifuge type bitumen extractor and Toluene (C6, H5CH3)
xiv) Glassware, graduated cylinder, spatula, scoops, steel scales, measuring tapes,
enameled trays, filter paper, 4mm thick glass, glass marking pencils, heat resistant hard gloves.
xv) Mechanical sieve shaker – 450mm dia, 200mm dia.
xvi) Riffle boxes for sampling of coarse and fine aggregator.
15. Only TMT CRS reinforcing bars are to be used in the work. The same must bear certification from ISI
marked reputed company or authorized dealer. The same must be approved by the Engineer-in Charge
concerned
16. As per State Govt. circular No.CRD.119/2003/5, dtd. 21-09-04. The Bid price to be rounded off at grand
total amount arrived at after multiplication and summing up from detailed item wise rate and quantities to
the nearest rupee by ignoring paise below fifty and to next rupee for amount with fifty paise or more. The
ranking in the financial bid/comparative statement shall be based upon the rounded bid price.
17. Deleted
18. Deleted
19. The work will be executed as per specifications of sanctioned estimated provisions and relevant IRC/IS
Codes.
20. It shall be ensured that for production of materials in crushers, boulders of minimum 150 mm size are
utilized for the purpose.
21. Collection of materials on the road sides should be so planned that it should commensurate with the
physical progress of works and the collected materials should not cause any hindrance to the traffic. It
must be ensured that contractor arranges for separate land for storage of road construction materials and
machinery and these shall not be allowed to be stacked on roadside.
22. Bitumen used for the work shall be heated in boilers only and not in drums on open fire. Spraying of
bitumen wherever necessary should be done only with the mechanical sprayers and premixing of bitumen
and stone aggregates should be done only in the proper mechanical mixture/ hot mix plant.

23. The work shall be executed as per Ministry‟s specifications for Road & Bridges works (5th Revision, 2013)
and instructions issued by this Ministry from time to time. Deviation is specifications for any works should
be got approved from the Ministry before adopting the same.

24. The work is to be carried out in accordance with the handbook of quality control for construction of Roads
& Runways (2nd Revision) IRC-SP-11,1988, observing strict quality control instructions as directed by the
Departmental officers and permanent records maintained thereof.

25. During the course of execution of work, traffic management shall be done in accordance with the
guidelines contained in IRC:SP-55-2001” Guidelines on safety in construction zone”.

26. The following road safety materials must used during the time of execution / diversion of traffic.
i) Traffic cone (385mm x 385mm base) x 722mm
ii) Safety jackets for labours/officers
iii) Safety helmets for labours/officers
iv) Safety reflective gloves
v) Pollution masks for labours & engineers
vi) Hand hold search light
vii) Led batons.
27. The display boards on development activities of the work shall be made as per direction of the
Departmental officers in-charge.

62
28. Roughness measurements, as an aid to more effective monitoring of road construction and maintenance
operation, will be taken after completion of work as per guidelines circulated to the State PWD‟s in
Ministry‟s letter No.RW/NH-33044/10/2000-S&R, dtd. 22-05-2000.
29. Video and Still Photography of the stretch to be improved/ renewed before and after execution of the work
should be invariably done and records sent to the Employer through the concerned Executive Engineer for
appreciation of work done.
30. Before actual execution, the borrow area for selected earth shall be exactly identified and got inspected
and approved from an officer to be appointed by the Executive Engineer.
31. All bitumen will have to be procured by the contractors from the refinery sources of IOC, HPC and BPC
only. Verification of related documents for purchase & testing of bitumen from Engineer-in-Charge is
compulsory.
32. All taxes & levies, cess etc shall be deducted as per Govt. rules in addition to directives contain in Govt.
letter No.ADT.326/2009/43, dt. 07.12.2009.
33. Each and every page constituting technical bids submitted should preferably be bound and shall be
signed /self attested by the authorized representative of the bidder submitting the bids.
34. Credential certificate for single similar work/quantity executed in a particular year submitted by
the bidder from any employer other than Assam Public Works Department shall contain the full
name, address, e-mail address, fax no. & mobile no. of the issuing officer and his head of the
department shall invariably be furnished along with the certificate for verification from this office /
bid evaluation committee during the time of Technical bid evaluation. In the event of non
fulfillment of the above condition or, non receipt of the certificate from the concerned authority
within 7(Seven) days time for confirmation of the authenticity of the certificate as well as its
contents; the said credential shall not be taken into consideration for qualification of the bidder.

35. Deleted
36. Deleted
37. Deleted
38. Income tax, Labour cess, GST will be deducted from each bill of the contractor as per prevailing rate.

39. Deleted
40. The Engineer may also extend the Intended Completion Date after obtaining approval from Chief Engineer/
Employer if a Compensation Event does not occur in the interest of work and if contractor is seen taking
steps to accelerate the remaining work. In that case, the extension of Intended Completion Date will be
granted without any claim of price escalation by the Contractor to incur additional cost.

41. Deleted
* Applicable for works costing Rs. 5.00 Crore and above.
** Clarification regarding maintenance of road during the period of construction
The maintenance of the road & subway bridges as required in the place of work is to be carried out complete
as per the direction of the Engineer in-charge.

42. Email address for communication:

Valid Email address of the contractor is necessary for further communication and any intimation done via
email should be responded by the contractor.

43. Security deposit (SD)/Retention money @ 8% of Bill Value will be deducted from interim bill of the
contractor.

63
 SECTION 4
CONTRACT DATA

64
 CONTRACT DATA

Clause reference
With respect
To Section 3

1. The Employer is Chief Engineer, PWD, (Roads ), Assam

[Cl. 1.1]
Address: O/o the Chief Engineer, PWD ( Roads), Assam
Chandmari, Guwahati-3

2. The Engineer is: The Executive Engineer, PWRD, As detailed in IFB.

Name of authorized Representative:

3. The non official member of Dispute Review committee appointed jointly by the Employer and
[Cl. 1.1]
Contractor is: (to be decided mutually later)
*Name: ______________________
*Address: ____________________
4. The Defects Liability Period is 5(Five) years from the date of completion. [Cl.1.1 & 35]

5. The start date shall be 7 days for the date of issue of the Notice to [Cl. 1.1]
proceed with the work. The Contractor shall submit a Program for the
Works within 10 days of signing the contract.

6. The Intended Completion Date for the whole of the Works is 24(twenty four)
months after start of work with the following milestone. [Cl.1.1.17&28]

Milestone to be achieved during the contract period

Mile stone 1 --- 15% of the entire contract work in 25% of the period allowed for completion
of construction
Mile stone 2 --- 40% of the entire contract work in 50% of the period allowed for completion
of construction
Milestone 3 ---- 75 % of the entire contract work in 75% of the period allowed for completion
of construction
Milestone 4 ----100% of the entire contract work within the period allowed for completion
of construction
7. The site is located in .................. District.

8. The name and identification number of the Contract is : As mentioned in IFB

Pkg No:- As mentioned in IFB [Cl. 1.1]

1. The works consist of :- E/W, GSB,WBM / WMM, DM / SDBC,DBM / BC, ICBP, PCC, RCC, RCC /PSC
Superstructure, Prestressing in Psc Superstructure / Steel Built up Girder, Cast in Situ Pile / Well
Sinking works etc.

The works shall, inter alia, include the following, as specified or as directed:

Clause Reference
With respect
To section 3

65
(A) Road Works

Site clearance; setting out layout; widening of existing carriageway and strengthening including camber
corrections; construction of new road/parallel service road; bituminous remodeling/construction of
junctions, intersections, bus bays‟ lay byes; supplying and placing of drainage channels, flumes, guard
post and guard other related items, construction/extension of cross drainage works, bridges, approaches
and other related stones; road marking, road signs and kilometer/hectometer stones; protective works for
roads/bridges; all aspects of quality assurance of various components of the works; rectification of the
defects in the complete works during the Defects liability Period; submission of “As-built” drawings and
any other related documents; and other item of work as may be required to be carried out for completing
the works in accordance with the drawings and provisions of the contract to ensure safety.

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and bearing; prestressed/reinforced
cement concrete superstructure; wearing coat, hand railings, expansion joints, approach slabs, drainage
spouts/down take pipes, arrangements for fixing light posts, water mains, utilities etc; provision of suitably
designed protective works; providing wing/return walls; provision of road markings, road signs etc.; all
aspects of quality assurance; clearing the site and handing over the works on completion; rectification of
the defects during the Defects Liability Period and submission of “As-built” drawing and other related
documents; and other items of work as may be required to be carried out for completing the works in
accordance with the drawings and the provisions of the contract and to Insure safety.

(C) Other Items

Any other items as required to fulfill all contractual obligations as per the
Bid documents. [C1.1.1]

10. The following documents also form part of the contract: [Cl.2.3(9)]

11. The law which applies to the contract is the law of Union India [Cl.3.1]

12. The language of the contract documents is English [Cl. 3.1]

13. Deleted. [Cl.7.1]

14. The Schedule of other Contractors [Cl.8]

15. The Schedule of Key Personnel As per Annex-II to Section I [Cl.9]

16. The minimum insurance cover for physical property, injury and death [Cl.13]
is Rs. 5 lakhs per occurrence with the number of occurrences limited
to four. After each occurrence, contractor will pay additional premium
necessary to make insurance valid for four occurrences always

17. Site investigation report [Cl.14]

18. The Site possession Dates shall be 7 days from the data of notice to
proceed with the work [Cl.21]

19. Fees and types of reimbursable expenses to be paid to the Dispute

Review Expert [Cl.25]

(To be inserted later)

20. Appointing Authority for the Dispute Review Expert-Council, Indian [Cl.26]
Roads Congress, New Delhi./Govt of Assam.

21. The period for submission of the programme for approval of Engineer [Cl.27.1]
66
 shall be 21 days from the issue of Letter of Acceptance.

22. The period between programme updates shall be 30 days. [Cl.27.3]

23. The amount to be withheld for late submission of an updated [Cl.27.3]

programme shall be Rs. 1.00 lakhs

24. The following events shall also be Compensation Events: [Cl.44]

Substantially adverse ground conditions encountered during the course of execution of work not provided
for in the bidding document.

(i) Removal of underground utilities detected subsequently.

(ii) Significant change in classification of soil requiring additional mobilization by the contractor, e.g.
ordinary soil to rock excavation.
(iii) Removal of unsuitable material like marsh, debris dumps, etc. not caused by the contractor
(iv) Artesian conditions
(v) Seepage, erosion, landslide
(vi) River training requiring protection of permanent work
(vii) Presence of historical, archeological or religious structures, monuments interfering with the
works.
(viii) Restriction of access to ground imposed by civil, judicial, or military authority.
25. The currency of the contract is Indian Rupees. [Cl.46]
26. Deleted
27. The proportion of payments retained (retention money) shall be 8% & 9% [Cl.48]

For ST/SC/MOBC/OBC/ unemployed (Graduate / Diploma) Engineers from each bill .

28. Amount of liquidated damages for [Cl.49]

delay in completion of works

1% per week of contract price for whole / part of work as fixed per mile stone at

item 6 of contract data , rounded off to the nearest thousand .

29. Maximum limit of liquidated 10 percent of the Initial Contract [Cl.49]

damages for delay in completion of price rounded off to the nearest thousand.
work.

30. Deleted

31. Deleted

32. The amounts of the advanced payment are :

Nature of advance Amount (Rs. Condition to be fulfilled) [Cl.51& 52]

i) Mobilization 10% of the Contract price On submission of unconditional Bank Guarantee (to
be drawn before the end of 20% of Contract period).
The contractor may furnish four bank guarantees of
2.5% each, valid for full period.
ii. Equipment 90% for new and 50% of After equipment is brought to site (provided the
depreciated value for old Engineer is satisfied that the equipment is required
equipment. Total amount will be for performance of the contract) and on submission of
subject to a maximum of 5% of unconditional Bank Guarantee for amount of
the Contract price. advance.

iii) Secured 75% of Invoice vFalue a) The materials are in accordance with the

67
 advance for non specification for Works.
perishable b) Such materials have been delivered to site, and
materials are properly stored and protected against
brought to site damage or deterioration to the satisfaction of the
Engineer. The contractor shall store the bulk
material in measurable stacks.;
c) The Contractor‟s records of the requirements,
orders, receipt and use of materials are kept in a
form approved by the Engineer and such records
shall be available for inspection by the Engineer;
d) The contractor has submitted with his monthly
statement the estimated value of the materials on
site together with such documents as may be
required by the Engineer for the purpose of
valuation of the materials and providing evidence
of ownership and payment thereof;
e) Ownership of such materials shall be deemed to
vest in the Employer for which the Contractor has
submitted an Indemnity Bond in an acceptable
format; and
f) The quantities of materials are not excessive and
shall be used within a reasonable time as
determined by the Engineer.

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment of the above conditions).
33.Repayment of advance payment for mobilization and equipment:
[Cl.
51.3]

The Mobilization Advance shall be recovered from or returned by the contractor

within the timeline as mentioned below in equal installments. The recovery shall be
time based and not linked to progress of work. However, an earlier repayment by the
contractor shall be allowed.
The Engineer shall recover the overdue installment amount against interim payments
certified by the Engineer under the Contract.
The OM No. eCF.FEA.364619/2023/20 dated 09.09.2023 will be applicable in
connection with mobilization advance.
Sl Instalment Amount to be repaid by the Timeline of repayment
No No. contractor

1 1st One‐fifth of the Mobilization One‐Sixth (1/6th) of the

Advance Original Contract Period

2 2nd One‐fifth of the Mobilization One‐Sixth (2/6th) of the

Advance Original Contract Period

3 3rd One‐fifth of the Mobilization One‐Sixth (3/6th) of the

Advance Original Contract Period

4 4th One‐fifth of the Mobilization One‐Sixth (4/6th) of the

Advance Original Contract Period

5 5th One‐fifth of the Mobilization One‐Sixth (5/6th) of the

Advance Original Contract Period

68
34. Repayment of secured advance: [Cl.51.4]
The advance shall be repaid from each succeeding monthly payments to
The extent materials [for which advance was previously paid pursuant to
Clause 51.4 of G.C.C.] have been incorporated in to the works.

35. The Securities shall be for the following minimum amounts equivalent as [Cl.52]
a percentage of the Contract Price:

Performance security for 2 percent of contract price plus Rs. …………..

(to be decided after evaluation of the bid) as additional security items of ITB Clause
34 The standard form of performance Security acceptable to the Engineer
shall be an unconditional bank Guarantee of the type as presented in
Section 9 of the Bidding Documents.

36. Deleted. [Cl.58]

37. Deleted. [Cl.58]

38. Deleted. [Cl.58]

39. The following events shall also be fundamental breach of contract: [Cl.59.2]
“The Contract has contravened Sub-clause 7.1 and Clause 9 of G.C.C.”

40. The percentage to apply to the value of the work not completed [Cl.60]
representing the Employer‟s additional cost for completing the Works
shall be 20 percent.

69
 SECTION- 5
TECHNICAL SPECIFICATIONS

70
Technical Specifications

Section-5
Clause 5.1: Technical specifications for road and bridge works shall be the "SPECIFICATION FOR ROAD AND
BRIDGE WORKS" (Fifth Revision, 2013), along with other addendum, corrigendum issued up to
28 days before the final date of submission of bid issued by the MORT&H Govt. of India and
published by IRC with a cross reference to relevant BIS for materials or other aspects not covered
by IRC.
The Technical Specifications contained herein shall be read in conjunction with other documents
of the Bid.
Clause 5.2 General Requirements
The Technical Specifications in accordance with which the entire work described herein after
shall be carried out and completed by the contractor shall comprise the following:

Part I: GENERAL TECHNICAL SPECIFICATIONS

Part II: SUPLIMENTARY TECHNICAL SPECIFICATIONS

Part III: ADDITIONAL TECHNICAL SPECIFICATIONS

Clause 5.2.1 PART I: GENERAL TECHNICAL SPECIFICATIONS

The General Technical Specifications shall be the Specifications for the Road and Bridge works
(5th Revision- April, 2013) issued by the Ministry of Surface Transport (Roads Wing) Govt. of
India and published by the Indian Roads Congress.

Clause 5.2.2 PART II: SUPLIMENTARY TECHNICAL SPECIFICATIONS

The Supplementary Technical Specifications shall comprise various
Amendments/Modifications/Additions to the “Specification foe Road and Bridge Works” referred
to in Part-I above and Additional specifications for particular item of works not already covered in
Part-I.

Clause 5.2.2.1 A Particular clause or a part thereof in “Specification foe Road and Bridge Works” (4th Revision-
Reprinted in May, 2001 referred to in Part-I above) where Amended/Modified/Added upon, and
incorporated under Part-II, referred to above, such Amendments/Modifications/Additions will
supersede the relevant clause or part of the clause.

Clause 5.2.2.2 The additional specifications comprise of specifications for particular item of works not already
covered in part-I.

Clause 5.2.2.3 When an Amended/Modified/Added clause supersedes clause or part thereof in the said
specifications then any reference to the superseded clause shall be deemed to refer to the
Amended/Modified/Added clause or part thereof.

Clause 5.2.2.4 In so far as any Amended/Modified/Added clause may come in conflict or be inconsistent with
any of the provisions of the said specifications under reference, the Amended/Modified/Added
clause shall always prevail.

Clause 5.3 AMMENDMENT/MODIFICATIONS/ADDITION OF CLAUSES

Clause 5.3.1 The following clauses in the “Specification foe Road and Bridge Works” (5th Revision-)

Clause 5.4 GENERAL TECHNICAL SPECIFICATIONS

The “SPECIFICATIONS FOR ROAD AND BRIDGE WORKS” (5th Revision- April, 2013), issued
by the Ministry of Surface Transport (Road Wings), Government of India and published by the
Indian Road Congress, Jamnagar House, New Delhi-110011, shall be deemed to be bound into
this document.

71
Note: In the absence of any definite provisions on any particular issue in the aforesaid specifications,
reference may be made to the specifications of latest IRC Codes and BIS Codes where IRC
codes are silent on that issue. Where even BIS Codes are silent, the Specifications of Assam
PWD (ROADS/ARIASP & RIDF) shall apply. If none of the foregoing applies, the construction
and completion of works shall conform to sound Engineering practice as approved by the
Engineer. In case of any dispute arising out of the interpretations of the above, the decision of
the Engineer in charge shall be final and binding on the Contractor.
SUPPLEMENTARY TECHNICAL SPECIFICATIONS
AMENDMENTS/MODIFICATIONS/ADDITIONS/TO EXISTING
CLAUSES GENERAL TECHNICAL SPECFICATIONS

Clause 102 DEFINITIONS

At the following at the end of this clause
MOST Ministry of Surface Transport
PWD(ROADS)-Public Works Departments (Assam)

Clause 105 SCOPE OF WORKS

Clause105.1 This clause shall be read as under:
“The work to be carried out under this contract shall consist of the various items as generally
described in the Bill of Quantities in the Bid Documents.”

CONTRACT DRAWINGS
The first sentence of this clause shall be read as under:
Any drawings provided for tendering purpose shall be used as a reference only and not for
construction or any financial claims.
Add the following to this clause:
“No extra claim by the contactor towards any delay in issue of the drawing or issue of any
revision/change to the drawings due to change in hydraulic data and design soil parameters
obtained from confirmatory boring by the contractor shall be admissible. The Engineer shall
intimate the contractor 37 days in advance regarding any delay in issue of drawings for any
particular stage of work. If the work gets affected due to delay in issue of drawings, the
contractor shall be granted extension of time to the extent the works get effected on this
account.”
All drawings for bridge proper should be prepared considering hydraulic data as per
approved estimate.

Clause 112 ARRANGEMENT FOR TRAFFIC DURING CONSTRUCTIONS

Clause 112.3 Passage of traffic along a Temporary Division
This clause shall be read as under:
At locations where new Bridge/cross-drainage work is to be constructed on existing alignment, a
temporary diversion shall be constructed to pass the vehicular traffic with the following
provisions:

i) Katcha road will be made minimum 4.2m widths with compacted soil as approved by
the Engineer. The formation level should be above HF2
ii) This temporary road shall be made with east longitudinal gradients which shall not
exceed 7 percent.
iii) A layer of 13 to 38mm gravel/53 to 22mm broken metal shall be laid over the earthen
formation. The thickness will be as per direction of the Engineer in charge.
iv) The diversion road including cross-drainage work shall be made as per approval of the
Engineer. It shall be responsibility of the contractor to construct, maintain the diversion
as well as the temporary bridge/culvert/footway including its approaches till the
completion of permanent work and opening it to traffic.

72
Clause 202 DISMANTLING CULVERTS, BRIDGES AND OTHER STRUCTURES/PAVEMENTS

Clause 202.6 Measurements of Pavement

Read Clause with the following amendment
v) Dismantling timber structures shall be in linear metre.

Clause 301 EXCAVATION OF ROADWAY AND DRAINS

Preparation of Cut Formation
Delete first sentence of Para 2 “where the material in the sub grade…” and substitute:

i) “Where the material in the sub grade (that is within 300mm from the lowest level of the
pavement) has a density less than percentages specified in Table 3.00.2 compared to
maximum laboratory dry density as per IS 2720 (Part 7) i.e. light compaction, the
contractor shall:
ii) R4move the upper 150mm of the sub grade soil to outside the roadway.
iii) Loosen; water as necessary and compact-in-situ the sub grade to a depth of 150 mm to
the requirements of clause 305.
iv) Replace the earlier (ii above) excavated soil by spreading, watering as necessary, and
compacting in layers in accordance with clause 305.”

Clause 304 EXCAVATION FOR STRUCTURES

Clause 304.3.4 Preparation of Foundation

In paras 2 and 3 of this clause, substitute „concrete grade M10‟ in place of 1:3:6 nominal mix.

Clause 305 EMBANKMENT CONSTRUCTION

Clause 305.3.4 Compacting ground supporting embankment/sub grade

In the second Para, the words “‟0.5m” shall be substitute by “0.3m”

Clause 305.3.5.1 Add the following at end of the clause

„The spreading of materials by manual means shall also be allowed as approved by the
Engineer.‟

Clause 305.3.5.4 Add the following at end of the clause

„The sprinkling of water by manual means shall also be allowed as approved by the Engineer.‟

Clause 306 SOIL EROSION AND SEDIMENTATION CONTROL

Clause 306.4 Measurement of Pavement

Existing clause shall be deleted and modified as under:
“All temporary sedimentation and pollution control works shall be deemed as incidental to the
earthwork and work as such no separate payment shall be paid for the same.”

Clause 306.5 Rates

This clause shall be deleted.

Clause 309 SURFACE/SUB-SURFACE DRAINS

Clause 309.2 Surface Drains

Add the following at the end of the clause.
The surface drains shall be of the following basic types:
1) Lined drain
2) Unlined drain
Add new sub-clauses as under:

73
Clause 309.2.1 Lined Drain
Lined Drain shall be constructed to the lines, grades, levels and dimensions as shown in the
drawing or as directed by the Engineer. It will consist of brick) masonry in cement mortar (1:;3),
cement plaster (1:3) with neat cement finish all constructed as per Technical Specification
Clause 301,1300 and as applicable.

Clause 309.2.2 Underlined Drain

Underlined Drain shall be constructed by excavating and finishing as per Technical Specification
clause 301 to the required lines, levels, grades and dimensions as shown in the drawing or as
directed by the Engineer.

Clause 401 GRANUALS SUB-BASE

Clause 401.2.1 The first para of this clause shall be read as under:
The material to be used for the work shall be natural sand, crushed stone, gravel, or
combinations there of depending upon the grading requirements and as approved by the
Engineers. The material shall be free from organic and other deleterious constituents and
conform to grading I given in table 400-2.

Clause 401.4.2 Spreading and compacting

Add the following at end of the clause:
The spreading of sub-base materials by manual means and sprinkling of water by manual means
shall also be allowed as approved by the Engineers.

Clause 404 WATER BOUND MACADAM SUB-BASE/BASE

Clause 404.2.5 Grading requirement of coarse aggregates

The first para shall be read as under:
The coarse aggregates shall conform to grading no. 2 of Table 400-7 for lower layer of 75mm
thickness and grading no.3 for top layer of 75mm thickness.

Clause 513 SEAL COAT

Clause 513.1.2 This para shall be substituted as under,

Seal coat shall be type (A) liquid seal coat comprising of an application or a layer of bituminous
binder followed by a cover of stone chippings.

Clause 903 QUALITY CONTROL TESTS DURING CONSTRUCTION

At the following sub clause after clause 903.2.3

Clause 903.2.4 Test on suitable material from road way and drainage Excavation to be brought to embankment
fill.
The following test on representative samples shall be carried out:

(a) Plasticity test {IS:2720(part-5)}:Each type to be tested, one test per 1000cubic metre of soil.
(b) Gradation test: Each type to be tested, one test per 1000 cubic metre of soil
(c) CBR test on materials to be in corporate in the sub grade on soaked samples {IS:
2720(part-16)}:one CBR test for every 2000 cubic metres at least or closer as when
required by the Engineer.
(d) Density test { IS: 2720(part-7)} :Each type to be tested, one test per 1000 cubic metres of
soil.

Clause 1015: TEST AND STANDARD OF ACCEPTANCE:

The 2nd para of this clause shall be read as under:
Testing of cements shall be done for each consignment / batch by the contractor either in a
recognized laboratory installed at site at contractors cost. Any cement with lower quality then
those shown in relevant IS/BIS codes shall be debarred from use of work

74
Clause 1107: CAST-IN-SITU CONCRETE PILES
At the following paragraph at the end of clause 1107

The steel casing of 3.5m minimum length fabricated from steel plate of minimum 8mm thickness
shall be provided at top from 30cm above LWL/L.B.L whichever is higher. The casing, is to be
withdrawn, shall be carried out in stage simultaneously during concreting. The concreting in bore
is to be done upon 300mm above L.W.L/L.B.L whichever is higher. For any eventually if
temporary liner casing cannot be withdrawn no extra payment will be made for such left out
casing.

** Load Test on Piles shall be carried out as per provision of relevant IRC code and MORT&H
guidelines.

** Only Steel shuttering shall be used for all components of bridge proper ( Foundation, Sub-
structure, Superstructure) & steel staging for superstructure work .

Part III-Additional Technical Specifications:

General
Notwithstanding the provisions of the general conditions, the works and the materials used by the
contractor shall comply with or exceed the requirements relevant sections of the Ministry of Road Transport an
Highway (MORTH) specifications for Roads and Bridges works (4th Revision 2001, published by IRC) and these
Additional Technical Specifications applicable to this contract are detailed in this section.

Petrol Maintenance Unit (PMU)

The Contractor shall provide and run daily, except on Sundays and Holidays permitted by the Engineer, a minimum
of one committed Patrol Maintenance Unit (PMU) comprising personnel and equipment to undertake the carrying
out the ordinary Maintenance Lump sum works as specified. All roads included in the BoQ shall be visited by PMU
at least once a month.The PMU shall be a truck (minimum 6 tonnes) painted and labeled appropriately for safety
and public awareness to the Engineer‟s satisfaction.Each PMU shall have as a minimum requirement.

1 No Patrol Foreman
1 No Heavy Vehicle Driver
5 Nos Maintenance worker
PMU to be equipped with 2 No Mobile Phone
1 No Jack Hammer
1 No Compressure
1 No vibrating Plate compactor
1.0 m3 cold storable Bituminous Premix and 0.5m3 of sand
2 Nos Half Road Closed Signs
2 Nos “ Road works Ahead signs”
12 No 300mm Plastic “ High visibility” coloured traffic cones.
200 Kg drum of Bitumen Emulsion
A hand (or electric) Emulsion Spray Pump
200 Ltr. Drum of water
2 Nos rakes
2 Nos Long Handle shovels
2 No Long Handle Heavy duty Brooms.
2 Nos Pickaxe
High visibility Jackets (Uniform) for all the PMU crew
Operational Flashing amber lights fitted to the Patrol Truck
Petrol maintenance Unit (PMU) vehicle Identification visibly, painted on vehicle (Contractor‟s
name, Clients name, Road names, Unit No, and Emergency contract Phone No.)
REFERENCE To MORTH SPECIFICATION

75
 General
Site Clearance
Earthwork, erosion control and damage
Sub-bases (Non bituminous) and shoulders
Bases and surface courses
Geosynthetics
Traffic Signs, Marking and other Road appurtenances
Quality control for Road works
Materials for Structure
Brick Masonry
Stone Masonry
Form Work
Steel Reinforcement (Untensioned)
Structural Concrete
Bearings
Open Foundations
Sub-Structure
Concrete Super Structure
Surface and Sub Surface Geotechnical Exploration
River Training work and protection work
Expansion Joints
Wearing coat and Appurtenances
Repair of Structures
Pipe Culverts
Maintenance of Roads
REFERENCE To MORTH SPECIFICATION
General
Site Clearance
Earthwork, erosion control and damage
Sub-bases (Non bituminous) and shoulders
Bases and surface courses
Geosynthetics
Traffic Signs, Marking and other Road appurtenances
Quality control for Road works
Materials for Structure
Brick Masonry
Stone Masonry
Form Work
Steel Reinforcement (Untensioned)
Structural Concrete
Bearings
Open Foundations
Sub-Structure
Concrete Super Structure
Surface and Sub Surface Geotechnical Exploration
River Training work and protection work
Expansion Joints
Wearing coat and Appurtenances
Repair of Structures
Pipe Culverts
Maintenance of Roads

Special Clauses to Specifications :

Additional clauses to the MORTH specifications for Road and Bridge works (5th Revision 2013, published by IRC)
section 3000 for Ordinary Maintenance activities. Job description for Routine Maintenance are described in
ppendix- A-along with Appendix B and Appendix C attached.
.

76
 SECTION – 6

FORM OF BID
To be submitted separately (Only On-line) along with BOQ
As Financial Bid in VOLUME-II

77
 FORM OF BID

Description of the Work: - As detailed in IFB

Pkg No:- As detailed in IFB

To
The Chief Engineer, PWD (Roads), Assam.
Chandmari, Guwhati-3,

1. We offer to Execute the Works describe above and remedy any defects therein in
conformity with the conditions of Contract, specifications, drawings, Bill of Quantities and
Addenda for the sum(s) of Rs.........................................……………………………………
(Rupees…………………………………………………………………..…..) only.

2. We undertake, if our Bid is accepted, to commence the Works as soon as in reasonably

possible after the receipt of the Engineer’s notice to commence and to complete the whole
of the Works comprised in the Contract within the time stated in the document.

3. We agree to abide by this Bid for the period of ……………. days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

6. We accept the appointment of______________________________________________

_____________________________________________________________________
_________________________________________ as the Dispute Review Expert.

(OR)

We do not accept the appointment of__________________________________________

____________________________________Review Expert and propose instead that
Shri_______________________________________ appointed as Dispute Review Expert,
whose BIO-DATA is attached.

Dated this _____________________ day of ______________ ______ /2024_.

Signature __________________________in the capacity of ____________________ duly

authorized to sign bids for and on behalf of _________________ _____________
_________________ (in block capitals or typed)

Address: _______________________________________________

Witness: _______________________________________________

Address: _______________________________________________

E - mail: __________________________

Occupation: ____________________

78
 SECTION – 7

BILL OF QUANTITIES

To be submitted separately (Only On-line) along with Form of Bid

As Financial Bid in VOLUME-II

79
 PREAMBLE
1. The Bill of Quantities (BOQ) shall be read in conjunction with the Instructions to Bidders.
Conditions of Contract, Technical Specifications and drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional and are given to
provide a common basis for bidding. The basis of payment will be the actual quantities of work
ordered and carried out, as measured by the Contractor and verified by the Engineer and
valued at the rates and prices tendered in the priced Bill of Quantities, where applicable, and
otherwise at such rates and prices as the Engineer may fix within the terms of the Contract.
3. The rates and prices tendered in the prices Bill of Quantities shall, except in so far as it is
otherwise provided under the Contractor, include all Impale plant, labour, supervision,
materials, erection of display board, sign/caution board, maintenance during Imp, insurance,
profit, taxes and duties, together with all general risks, liabilities and obligations set out or
implied in the Contract.
4. The rates and prices shall be quoted entirely in Indian Currency.
5. A rate or price shall be entered against each item in the Bill of Quantities, whether quantities
are stated or not. The cost of items against which the Contractor has failed to enter a rate or
price shall be deemed to cover by other rates and prices entered in the Bill of Quantities. The
rate should be quoted considering all the taxes.
6. The whole cost of complying with the provisions of the Contract shall be included in the items
provided in the priced Bill of Quantities, and where no items are provided the cost shall be
deemed to be distributed among the rates and prices entered for the related item of work.
7. General directions and descriptions of work and materials are not necessarily repeated or
summarized on the Bill of Quantities; References to the relevant sections of the contract
documentation shall be made entering rates or prices against each item in the Bill of
Quantities.
8. The method of measurement of completed work for payment shall be in accordance with the
specification for Road and Bridge works published by the Ministry of Surface Transport.
9. Error will be corrected by the Employer for any arithmetic errors pursuant to Clause 29 of the
Instructions of the Bidders.
10. Income tax, LabourCess, GST, Forest Royalty including other charges levied by the Forest
Department on forest products including any other taxes as applicable is to be paid by the
contractor. The department shall deduct the same from each bill of the Contractor, if the
contractor fails to produce the valid certificates from the concerned departments, as per
prevailing rate.
11. Security Deposit (SD)/Retention money @ 10% of Tender Value less the amount of
Performancessecurity already deposited will be deducted from each bill of the contractor.
12. Contractors should furnish coloured photographs at least 2 no per km or less showing works
before/during /after execution at their own cost along with each bill submitted by them.
13. As per State Govt. circular No.CRD.119/2003/5, dtd. 21-09-04. The Bid price to be rounded
offat grand total amount arrived at after multiplication and summing up from detailed item
wiserate and quantities to the nearest rupee by ignoring paise below fifty and to next rupee

80
 foramount with fifty paise or more. The ranking in the financial bid/comparative statement
shallbe based upon the rounded bid price.
14. Acceptance of lower/upper limit of tender rate shall be governed by the existing State
Government circular in force and Government decision shall be final and binding in this regard
i.e. Govt. Notification No. RBPC.85/2017/25 Dated,12.07.2018, Dispur, Guwahati-6.
15. The quantities shown in the BOQ are based on estimate submitted to concerned authority. If
the quantities in the sanctioned estimate vary from those furnished in the BOQ, the bidders
shall not be entitled to withdraw their bids and they shall comply with any instructions issue
by the Deptt. to complete the bid evaluation to its logical conclusion.
16. The units of items shown in the BOQ are based on the Schedule of Rates (SOR) of APWRD. In
case of discrepancy between the units of items shown in the BOQ and the units of items of the
SOR, the units of items of the SOR shall prevail. In case, separate rate analysis has been done
for the item, then, the unit of the item as per the rate analysis shall prevail.
17. Rock is defined as all materials which in the opinion of the Engineer, require blasting, or the
use of metal wedges and sledgehammers, or the use of compressed air drilling for its removal
and which cannot be extracted by ripping with a tractor of at least 150 km with a single rear
mounted heavy duty ripper.
18. All bitumen will have to be procured by the contractors from the refinery sources of IOCL,
HPCL and BPCL only. Verification of related documents for purchase & testing of bitumen from
Engineer-in-Charge is compulsory. The Contractor must produce the related invoices along
with the bills.
19. Only readable uploaded document may be accepted.

BILL OF QUANTITIES

SI. No Description of Item (with Quantity Unit Rate Amount

brief specification and
reference to book of
specification)
In Figures In Words

Attach Separately

Note 1.
1. Item for which no rate or price has been entered in will not be paid for by the Employer when
executed and shall be defined covered by the other rates and prices in the bill of quantities
(Refer : ITB Clause 13.2 and GCC Clause 43.3).
2. Unit rates and prices shall be quoted by the bidder in Indian rupee [ITB Clause 14.1].

81
 GOVT. OF ASSAM
FINANCE (BUDGET) DEPARTMENT

No BB.56/2000/1 Date: Dispur the 17th June’2000

OFFICE MEMORANDUM

Sub: - Payment of royalty on forest produces.

Different forest produces like timber, stone and sand used for construction work of the
Government Department and Government undertaking. The Executing Authority are to pay royalty to the
Government for collecting such materials.
To prevent the pilferage of any forest produce used in any construction materials byany Government
Department or Government undertaking, it is decided
that no bill in connection with any such constructions using forest produces will be paid by the executive
authority unless the forest department certifies that, the forest produces so utilized have been collected
from legal sources and necessary forest royalty/price due to the Govt has been paid .For this purpose
the executive authority will intimate the concerning territorial divisional forest officer the quantity of forest
produces specially sand, stone and timber utilized in the construction as per the estimate as per Profoma-
1 enclosed and send the documents furnished by the contractors, suppliers in support of such forest
produces to enable the divisional forest officers to verify the source and payment of dues. After scrutiny
and verification of the supplied documents the divisional forest officer will intimate the outcome to the
executing authority within a period of 15(fifteen) days in Profoma-II enclosed.
It has been decided that bill for construction works may be passed and paid only after the
executing authority received the certificate in Profoma-II mentioned above from the concerned divisional
forest officer.
In case where such certificates in Profoma-II are not received,the bills may be passed only after
deduction of the amount due as royalty which should be deposited to the Govt. Account.

This will come into force with immediate effect.

Sd/- S.C. Das

Commissioner & Secretary to the Govt of Assam
Finance Department, Dispur.

82
 PROFOMA-I
No. Date:-
To
The Divisional Forest Office
………………………………

Sub: - Certificate towardspayment ofForest royalty and genuineness of

Boulder/gravel/stone/sand,timber used in Govt. Construction.

Sir,

Minor minerals/Forest produces as described below have been utilized in the following Govt.
construction. Kindly furnish the required certificate regarding the genuineness and payment of
Forest Royalty of the forest produces so procured.

1. Name and type of the work :-

2. Name of the Contractor/Supplier :-

3. Quantity of Forest produces used

Type of Forest produce Quantity
/ Supplied

4. Amount paid towards Royalty

(photo copy of the documents :-
Showing the payment enclosed)

5. Details of Document No & Type of Quantity

permit,Lieuchallan,Vouchers, Date produce
T.P. Challan, money receipt
use for transportation of the Forest
produces(Enclosed in original)
(Copy enclosed)

The required certificate may kindly be furnished within the stipulated period
of 15(fifteen) days from the date of issue of this letter to enable undersigned to take a decision
on payment of bills(s) submitted by the Contractor/Supplier

Executive Engineer,PWD
……………………………

PROFOMA-II
83
 To
The Executive Engineer,PWD
………………………………
Sub :- Certificate towards payment of Forest royalty and genuineness of
Boulder/Stone/Gravel/Sand/Timber used in Govt.construction.
Ref :-
Sir,
With reference to the above, I would like to furnish the following information as sought
for.
1 Name and type of the work

2 Name of Contractor/Supplier
3 Total royalty assessed for the Sl. Challan No. & Type of Quantity Royalty
materials utilized as reported No Date material
vide letter cited under reference

4 Quantity of materials Type of produce Quantity Royalty

used/supplied for genuine 1.
document. 2.
5 Amount already paid by the Item No& date Amount
contractor/supplier as per forest realized
record (cash book item nos to
be mentioned)
6 Balance amount to be realized
from the bill of the
contractor/supplier
a. The VAT on F.R Rs. …….. realized vide Treasury Challan No. …… Dated ………
against quantity ……..
b. The Income Tax on F.R. Rs. ……..realized vide Sl. No. …… Dated ……… against
quantity...
The Original Documents sent vide your letter under reference are returned herewith.

Divisional Forest Officer

…………………………

84
 UNDERTAKING

I, the undersigned do hereby undertake that, I have gone through the

Contents of Tender Agreement and have understood the meaning thereof and
have no objection against any clause of the Tender Agreement.

__________________________________
(Signed by an Authorised officer of the Firm)

Seal &Signature Chief Engineer, PWD (Roads)

ofContractor/Firm Assam, Chandmari, Guwahati-3

85
 SECTION-8

SPECIAL CONDITION OF CONTRACT

86
 SPECIAL CONDITIONS OF CONTRACT (SCC)

The general conditions of contract set forth in F.2 from (under the nomenclature “conditions of contract” shall be
modified to the extent provided here under as SCC. Wherever the SCC is at variance with GCC, SCC will govern.

SCC 1 (Against GCC-2) the total Security Deposit (SD) will be 10% of contract price with 2% deposited within 21
days of the issue of letter of acceptance as per ITB in the form of, Bank draft , Bankers cheque and
balance 8% deducted from interim bills. The Bid security furnished with Bid will be discharged after
furnishing the 2% SD. The SD will be held by Govt. free of any interest.

SCC 2 (Against GCC 8.9)

Payment of contractor’s bills for works done shall be subject to availability of fund and delayed
payments will not bear any interest.

SCC 3 (Against GCC 10, 19)

Contractor will supply all materials and equipment required for the performance of the contract.
All materials supplied by the contractor shall conform to quality specified in relevant
IRC/MOST/ISI standard, which shall be confirmed by Quality control Tests as per direction of
the Engineer in charge.

SCC 4 (Against GCC 11)

(a) To ensure that the works are carried out in compliance with the technical specifications laid
down under the contract, the contractor shall carry out necessary all Quality Control (QC)
tests required as per relevant IRC specification under the direction and supervision of
Engineer in charge or staff deputed by him.
(b) In addition to the internal Quality Control (QC) tests as mentioned above, there shall be
provision also for conducting Quality Control tests by a separate Quality Control Team
deputed by CE, PWD(ROADS/ARIASP & RIDF, Border Roads & NEC works ), Assam for
which the contractor shall provide all facilities as and when notified by the Engineer in
charge. In the event of any item of working failing to meet the stipulated quality criteria as
per the test carried out by the QC team, 25% of the amount due to the contractor in all his
subsequent bills shall be deducted and shall not be released till such time as he rectifies the
said defect.
(c) The contractor shall arrange all equipment for the Quality Control equipments required as per
relevant IRC publication and carry out installation of the same as required for performance of
Quality Control tests and as per direction of the engineer in charge.

SCC 5 (Against GCC 18)

The defect liability period shall be 5 (Five) year for the date of certification of completion of
works. Any defect during the liability period shall be made good by the contractor at his own
cost.

SCC 6
(a) The contract must not be sublet.
(b) No labour under 14 years of age shall be employed in the work. All labourers employed shall
be paid at rates not less than those generally paid for similar work in the neighbourhood. The
contractor must employ in the execution of contract only Indian citizen as workers.
(c) If the work is not started within 15(fifteen) days from the date of written formal work order
for commencement of work, the security deposit will stand forfeited to the Govt. and such
failure to commence work in time will make him liable to other action as per clauses of the
F2 form contract.
(d) The work shall be carried out with diligence and promptness according to the specification in
all cases, to the requirements program, quality of work and materials etc.
(e) The department’s liability is to the contractor only and nobody elapse. At such it will be at
the discretion of the Chief Engineer to accept or refuse a power of attorney executed in
favour of any other person.
(f) The retained Security Deposit (8%) will be released @2% at the elapse of one year after
completion of the project, @2% at the elapse of two year after completion of the project ,@
87
 2% at the elapse of three year after completion of the project and remaining 2% at the elapse
of four year after completion of the project . The 2% Performance Security or Additional
performance Security submitted by the contractor will be released after 28 days from end of
Defect Liabilty Period.
(g) The contractor should thoroughly acquaint himself with all the clauses of the F2 contract
form and agree to the conditions laid down therein and in this Tender paper.
(h) The rates shall be provided for the finished items of work including cost of materials labour
and transportation which shall also include the cost of various sundries and contingencies
and no extra amount will be admissible to the contractor for these –
(i) The contractor shall include the cost of labour , camps or huts when necessary in suitable
place including conservancy and sanitary arrangements therein to the satisfaction og local
Public Health authority.
(ii) Suitable water supply arrangements for staff and labour shall have to be made by the
contractor at their own cost and no extra payment will be made by the department for this
purpose.

(iii) Suitable fencing barriers and signal sign and caution board etc. also will have to be
provided where necessary at work and at approaches to protect public and employees from
accident.
(iv) Compensation including cost of suit for injury to person or property due to neglect of any
measure of precaution and also sum which may become payable due to operation of
workman’s compensation Act.
(v) Royalty, Octroy duty, sales tax on turn over on all items if levied by the Govt. cost of
construction of temporary buildings required by the contractor for collection of materials,
storage house for the contractors and staff or other purpose of the work. No rent shall
however he payable to the Govt. for temporary occupation of available land owned by the
Govt. at site of work which should be vacated by the contractor after completion of work.

(vi) Fee dues payable to municipality of water supply authority.

(vii) Suitable apparatus for labour engaged in risky operation.

(viii) Clearance of site before commencement of work.

(i) Every contractor is expected before quoting his rate to inspect the site of the proposed work.
He should also inspect the quarries and satisfy himself about the quality and availability of
various materials of required specification. The Govt. will not pay any extra charges or
compensation for supply of substandard materials which will be rejected and have to be
removed and replaced by the contractors at their own cost.

(j) In the event of any claim by Forest department that the contract has extracted materials in
excess of the quantity stated in the permit. Royalty as will be charged by the Forest
department on account of the excess materials will be recovered by the department from any
sum due to the contractor by the State Govt. under the contract or otherwise from his security
deposit or the proceed of sales thereof or sufficient part thereof. The sum so recovered shall
be placed in deposit for credit to the Forest department after settlement of their claim.
(k) In case of quarries when Forest department’s quarry roads are used necessary road toll levied
by the forest department should be paid by the contractor. If the contractor cannot produce
any such toll clearance certificate the sum so due will be deducted from contractor’s bill and
will be credited to Forest Revenue.
(l) Compensation for obtaining soil from private land if any will be paid by the contractor. The
rate for imported soil should be quoted inclusive of royalty.
(m) Detailed working drawing as necessary for execution of work will by supplied by the
department free of cost to the selected contractor. No claim whatsoever will be entertained in
case there is any delay in supply of approved drawing to the contractor.
(n) Contractor should mention their registration number correctly in the tender along with local
or permanent address for quick disposal of tenders.
(o) No claim of contractor would be entertained if any boulders, trunk of trees etc. are met with
while cutting earth.
88
 (p) Payment will be made as per clause of F2 contract’s form. Interim payment will be made on
the basis of actual measurement of work carried out by the contractor on the basis of their
accepted rates.
(q) The contractor must maintain adequate technical staff well conversant with similar work, so
as the facilities quick and satisfactory progress of work.
(r) Income tax at 2% will be deducted from the contractor’s bill, besides other recoverable.

SCC 7. PAYMENT AGAINST MATERIALS BROUGHT TO SITE

DELETED

SCC 8. ENGAGEMENT OF LOCAL TECHNICAL PERSON:

The contractor will have to engage qualified local Engineers and sub-engineers etc. as
required in case of class-1 (group A, B & C) registered staff, P.W.D. Contractor.

SCC 9. UNWANTED EMPLOYEE:

The Engineer in charge may be require the Contractor to dismiss or remove from the
site of work any person employed by the contractor for the work who may be
incompetent or misconduct himself and the Contractor shall forthwith comply with such
requirement.

SCC 10:Contractor shall submit the schedule of execution in the form of bar chart/C.P.M, which shall
be approved by the competent Engineer Officer of the implementing agency before
commencement of work. Such bar chart/C.P.M. shall at various work stages.

SCC 12:TIME DELAY AND EXTENSION

(A) Time is the essence of the contract and specified in the contract documents or in each
individual work orders.
As soon as possible contract is let or any substantial work orders placed and before work
under it is begun, the Executive Engineer and the contractor shall agree upon a Time and
Progress chart. The Chart shall be prepared in direct relation to the time stated in the
contradictiveness or the Work order for completion of the individual items
thereof and / or the contract of the order as a whole. It shall indicate the forecast of the
dates for commencement and completion of the various trade processes or sections of the
work and shall be amended as may be required by agreement between the Executive
Engineer and the contractor within the limitation of time imposed in the contract
documents or work order. If the work be delayed :-
i) By force measure, or
ii) By reason of and abnormally that weather, or
iii) By reason of serious loss or damage by fire, or
iv) By reason of commotion, local combination of workmen, strike or
lockout, or
v) By reason of delay on part of nominated sub contractors, or nominated
suppliers which the contractor has, in the opinion of Executive
Engineer, taken all practicable steps to avoid, or reduce, or
vi) By reason of delay on the part of contractors or tradesmen engaged by
Govt. in executing works not forming part contract, or
vii) By reason of any other cause, which in the absolute discretion of the
accepting officers beyond the contractors control.

Then in such case the officer herein after mentioned may make fair and reasonable
extension in the completion dates of individual items or groups of items of works for which separate
periods of completion are mentioned in the contract documents or works order, as applicable.
Upon the happening of any such event causing delay, the contractor shall immediately, but
not later than 30 days of the happening of the event, give notice thereof in writing to the Executive
89
Engineer, but shall never the less use constantly his best endeavor to prevent or make good delay and
shall do all that may reasonably be required to the satisfaction of the Executive Engineer to proceed
with the works. Extension of time shall be granted as under: -

(a) By Executive Engineer for all terms contracts;

(b) By accepting officer of the contract of all other contracts.
In case of the contractor fails to notify the Executive Engineer of happening of an event
(s) causing delay within the period of 30 days stipulated in sub-para 3 above, he shall
forfeit his right to claim extension of time for the delay caused due to such event(s).

Extension of time, as granted above, shall be communicated to the contractor by the

Engineer in writing and shall be final and binding. PROVIDED THAT in the case of
contracts (other then term contracts) accepted by the Executive Engineer, the matter
shall be referred to the Chief Engineer, whose decision shall be final and binding.

(B) If the works be delayed: -

(a) By reason of non availability of Govt. stores shown in schedule “B”;
or
(b) By reason of non availability or breakdown of Govt. Tools Plants listed
in schedule “C”;
Then, in any such event, not with standing the provisions herein before contained, the
Accepting Officer may in his discretion grant such extension of time as may appear reasonable to him
and the same shall be communicated to the Contractor by the Executive Engineer in writing. The
decision so communicated shall be final and binding and the Contractor shall be bound to complete the
work within extended time.
(C) No claim in respect of compensation or other wise, however arising, as a result or
extensions granted under conditions (A) and (B) above shall be admitted.

PRECAUTIONS AGAINST RISKS:

The contractor shall be responsible at his own expense for precautions to prevent loss or
damage from any and all risks other than for Accepted Risks and to minimize the amount of any loss or
damage and for the provision of all protective works, casings, etc., required for the purpose, until the
works have been handed over complete to the Engineer in charge.

COMPENSATION FOR DELAY:

If the contractor fails to complete the works and clear the site on or before the date(s) fixed
for completion, he shall, without prejudice to any other right or remedy of Government on account of
such breach be liable to pay compensation as under :-
(a) in case of Term Contracts, on percent of the estimated value of the
requisition of the Works order for every week that the whole of the work
remains uncompleted;
(b) in the case of other Contracts, one percent of the Contract Value of the
item or group of items of work (excluding the Contract Value of such
individual items as are completed and taken over by the Executive
Engineer on or before the date(s) fixed for completion, in terms of
Condition 49 hereof) for which a separate period of completion is given in
the item or group of items Work concerned remains uncompleted, even
though the Contract as a whole be completed by the later date specified in
the Contract for any item or group of items of Works.
For the purpose of this condition the “Contract Value” shall be the value at contract rates of
the work as actually ordered including all deviation orders on the contractor.
When the delay is not a full week or in multiples of a week but involves a fraction of a week
the compensation payable for that fraction shall be proportional to the number of days involved.
Provided always that the total amount of compensation to be paid under this Condition shall
not exceed as mentioned below:-
(a) In the case of Term contracts, ten percent of the estimated value of the
Requisition or Work Order as a whole;
(b) In the case of order Contracts:-

90
 (i) Where the contract sum does not exceed Rs. 10 Lakhs-ten
percent of the contract Value of the item or group of items of
Work for which a separate period of completion is given.
(ii) Where the contract sum exceeds Rs.10lakhs but does not exceed
Rs.20lakhsTen percent of the contract Value of the item or
group of items of Work for which a separate period of
completion is given or Rupees one and a half lakhs whichever
is less.
(iii) Where the contract sum exceeds Rs.20lakhs-Seven and half
percent of the contract value of the item or group of items of
work for which a separate period of completion is given subject
to a maximum or Rupees seven and a half lakhs.
Procedure for dispute Resolution
Dispute resolution shall be carried out through the process of arbitration on accordance with the
procedure bid down in the “Arbitration and Consideration Act. 1996”, with the stipulation that the
dispute is to be referred to arbitrator within 30 days of the parties’ employer & the contractor failing to
arrive at an agreement as per procedure laid down in printed F2 form.

The procedure shall further include the following:-

(a) The arbitral Tribunal shall consist of three arbitrators one each to be appointed by the Employer
and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by
the parties and shall act as presiding arbiters. In case of failure of the two arbitrators appointed
by the parties to reach upon a co0nsensus within a period of 30 days from the appointment of
the arbitrator appointed subsequently, the presiding arbitrator shall be appointed by the
President of the Institution of Engineers (India)
(b) If one of the parties fails to appoint it s arbitrator in pursuance of sub-clause (a) above within 30
days after receipt of the notice of the appointment of its arbitrator by the other party, then the
President of the Institution of Engineers (India) making such an appointment shall be furnished
to each of the parties.
(c) Arbitration proceedings shall be held at Guwahati, India, and the languages of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
(d) 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.
(e) Where the value of the contract is Rs. 50.00 million and below, the disputes or differences
arising shall be referred to the Sole arbitrator. The Sole Arbitrator should be appointed by
agreement between the parties; failing such agreement, by the appointing, namely President of
the institution of Engineers.
(f) Performance under the contract shall continue during the arbitration proceedings and payments
due to the contractor by the owners shall not be withheld, unless they are the subject matter of
the arbitration proceedings.

Death or Permanent invalidity of Contractor :

If the contractor is an individual or proprietary concerned, dies during the currency of the
contract or becomes permanently incapacitated and where the surviving partners are only
minors, the contract shall be closed without levying any damages/ compensation as provided for
in clause 53 of contract agreement.

Maintenance period

Contractor has to maintain Road/ Bridge for the period of 5 (Five) year from the date of
completion at his own cost.

Tree Plantation :
Planting of Trees by the road side and their Maintenance for three Year is mandatory.

91
 SECTION-9

SECURITIES AND OTHERS FORM

(To be filled by Bidder/ Employer)

92
 FORM OF BID

Description of the Work: - _________________________________

_________________________________

To
The Chief Engineer, PWD ( Roads), Assam.
Chandmari, Guwhati-3,

1. We offer to Execute the Works describe above and remedy any defects therein in
conformity with the conditions of Contract, specifications, drawings, Bill of Quantities and
Addenda for the sum(s) of Rs.........................................……………………………………
(Rupees…………………………………………………………………..…..) only.

2. We undertake, if our Bid is accepted, to commence the Works as soon as in reasonably

possible after the receipt of the Engineer’s notice to commence and to complete the whole
of the Works comprised in the Contract within the time stated in the document.

3. We agree to abide by this Bid for the period of ……………. days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

6. We accept the appointment of______________________________________________

_____________________________________________________________________
_________________________________________ as the Dispute Review Expert.

(OR)

We do not accept the appointment of__________________________________________

____________________________________Review Expert and propose instead that
Shri_______________________________________ appointed as Dispute Review Expert,
whose BIO-DATA is attached.

Dated this _____________________ day of ______________ ______ /2018_.

Signature __________________________in the capacity of ____________________ duly

authorized to sign bids for and on behalf of _________________ _____________
_________________ (in block capitals or typed)

Address: _______________________________________________

Witness: _______________________________________________

Address: _______________________________________________

E - mail: __________________________

Occupation: ____________________

93
 BID SECURITY (BANK GUARANTEE)

WHEREAS, _____________________________[name of Bidder] (hereinafter called “the

Bidder”) has submitted his bid dated ______________________________________[date] for
construction of _______________________________________[name of Contract hereinafter
called “the Bid”].

KNOW ALL PEOPLE by these presents that We ______________________________________

[name of Bank] of ________________________________________ [name of country] having our
registered office at ______________________________________________[hereinafter called “the
Bank”) are bound up to __________________________________ [Name of Engineer]
(hereinafter Called “the Engineer”) in the sum of _________________________________* for
which payment Well and truly to be said Engineer the Bank itself, his successors and assigns
by these presents.

SEALED with the Common Seal of the said Bank this ____________ day of _________ 20 ____
THE CONDITIONS of this obligation are:

(1) If after Bid opening the Bidder withdraws his Bid during the period of Bid validity
specified in the Form of Bid.
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer/
Engineer 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 pursuit to Clause 27.
We undertake to pay to the Engineer up to the above amount upon receipt of his first
written demand, without the Employer/Engineer having to substantiate his demand,
provided that in his demand the Employer/ Engineer will note that the amount claimed by
him is due to him owing to the occurrence of one or any of the three conditions, specifying the
occurred condition or conditions.
This Guarantee will remain in force up to and including the date
____________________** days after the deadline for submission of Bids as such deadline is
started in the Instructions to Bidder or as it may be extended by the Employer/ Engineer,
notice of which extension (s) to the bank is hereby waived. Any demand in respect of this
guarantee should reach the Bank not later than above date.

DATE _________________ SIGNATURE ________________________________

WITNESS ___________________________ SEAL ________________________________

_____________________________________________________________________________
[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 Clause 16.1 of the Instructions to
Bidders.
**45 days after the end of the validity period of the Bid.

94
 PERFORMANCE BANK GUARANTEE

To

………………………………. [Name of Engineer]

………………………………… [Address of Engineer]

WHEREAS ___________________[name and address of Contractor] (hereinafter called “the

Contractor”) has undertaken, in pursuance of Contract No. ____________ dated
_____________ to execute
______________________________________________________________________________
____________________________ [name of Contract and brief description of works] (hereinafter
called “the Contractor”).

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

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

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

We hereby waive the necessary of your demanding the said debt from the contractor
before presenting us with the demand.

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

This guarantee shall be valid until 28 days from the date of expiry of the Defect
Liability Period.

Signature and Seal of the guarantor _________________

Name of Bank _________________________________
Address ______________________________________
Date _________________
_____________________________________________________________________________
*An amount shall be inserted by the Guarantor, representing the percentage of Contract Price
specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.

95
 BANK GUARANTEE FOR ADVANCE PAYMENT

To
_________________________________ [Name of Engineer]
_________________________________ [Address of Engineer]
_________________________________ [Name of Contractor]

Gentlemen:

In accordance with the provisions of the Conditions of Contract, sub-clause

51.1(“Advance Payment”) of the above mentioned Contract, _____________________________
_____________________________________ [name and address of the Contractor] (hereinafter
called “the Contractor”) shall deposit with _____________________________________[name of
Engineer] a bank guarantee to guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of _____________________________[ amount of
guarantee]* ________________________________ [in words].

We, the ______________________________[bank of financial institution], as instructed

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

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

This guarantee shall remain valid and full effect from the date of the advance payment
under the Contract until __________________________________________________ [name of
Employer] receives full repayment of the same amount from the Contractor.

Yours truly,

Signature and Seal ______________________________

Name of Bank /Financial Institution________________
Address ______________________________________
Date _________________
_____________________________________________________________________________
*An amount shall be inserted by the Bank or Financial Institution, representing the amount of
the Advance Payment, and denominated in Indian Rupees.

96
 INDENTURE FOR SECURED ADVANCES
FORM 31
(For use in cases in which the contract is for finished work and the contractor has entered into an agreement for the
execution of a certain specified quantity of work in a given time)
This indenture made the ___________________ day of ___________________________20 ______ BETWEEN
___________________________________(hereinafter called the Contractor which expression shall where the
context so admits or implies be deemed to include his executors, administrator and assigns) or the one part and
the Employer of the other part.
Whereas by an agreement dated ___________________________ (hereinafter called the said
agreement) the contractor has agreed.
AND WHEREAS the contractor has applied to the Employer that he may be allowed advanced on the security of
materials absolutely belonging to him and brought by him to the site of the works the subject of the said agreement
for use in the construction of such of the works as he has undertaken to executive at rates fixed for the finished
work (inclusive of the cost of materials and labour and other charges).
AND WHEREAS the Employer has agreed to advance to the Contractor the sum of Rupees
______________________________________________________ on the security of materials the quantities and
other particulars of which are detailed in Accounts of Secured advances attached to the Running Account Bill for
the said works signed by the Contractor on ________________ and the Employer has reserved to himself the
option of making any further advance or advances on the security of other materials brought by the Contractor to
the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of
Rupees ___________________________ on or before the execution of these presents paid to the Contractor by
the Employer (the receipt where of the Contractor doth hereby acknowledge) and of such further advances (if any)
as may be made to him as a for said Contractor doth hereby covenant and agree with the President and declare as
follows:

(1) That the said sum of Rupees __________________________________ so advanced by the Employer to
the Contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be employed
by the Contractor in or towards expending the execution of the said works and for no other purpose
whatsoever.
(2) That the materials details in the said Account of Secured Advances which have been offered to and
accepted by the Employer as security are absolutely the Contractor‟s own property and free from
encumbrances of any kind and the contractor will not make any application for or receive a further
advance on the security of materials which are not absolutely his own property and free from
encumbrances of any kind and the Contractor indemnified the Employer against all claims to any
materials in respect of which an advance has be made to him as aforesaid.
(3) That the materials detailed in the said account of Secured Advances and all other materials on the
security of which any further advance or advances may hereafter be made as aforesaid (hereafter called
the said materials) shall be used by the Contractor solely in the execution of the said works in accordance
with the directions of the Engineer.
(4) That the contractor shall make at his own cost all necessary and adequate arrangements for the proper
watch, safe custody and protection against all risks of the said materials and that until used in
construction as aforesaid the said materials shall remain at the site of the said works in the Contractor‟s
custody and on his own responsibility and shall at all times be open to inspection by the Engineer or any
officer authorized by him. In the event of the said materials or any part thereof being stolen, destroyed or
damaged or becoming deteriorated in a greater degree than is due to reasonable use and wear thereof
the Contractor will forthwith replace the same with other materials of like quality or repair and make good
the same required by the Engineer.
(5) That the said materials shall not be any account be removed from the site of the said works except with
the written permission of the Engineer or an officer authorized by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives payment from the
Employer of the price payable to him for the said works under the terms and provisions of the said
agreement. Provided that if any intermediate payments are made to the Contractor on account of work
done than on the occasion of each such payment the Employer will be at liberty to make a recovery from
the Contractor‟s Bill for such payment by deducting there from the value of the said materials than
actually used in the construction and in respect of which recovery has not been made previously, the
value for this purpose being determined in respect of each description of materials at the rates at which
the amounts of the advances made under these presents were calculated.

97
(7) That if the Contractor shall at any time make any default in the performance or observance in any respect
of any of the terms and provisions of the said agreement or of these presents the total amount of the
advance or advances that may still be owing of the Employer shall immediately on the happening of such
default be repayable by the Contractor to be the Employer together with interest thereon at twelve percent
per annum from the date or respective dates of such advance or advances to the date of repayment and
with all costs, charge, damages and expenses incurred by the Employer in or for the recovery thereof or
the enforcement of this security or otherwise by reason of the default of the Contractor and the Contractor
hereby covenants and agrees with the Employer to reply and pay the same respectively to him
accordingly.
(8) That the contractor hereby charges all the said materials with the repayment to the Employer of the said
sum of Rupees ____________________________________ and any further sum of sums advanced as
aforesaid and all costs, charges, damages and expenses payable under these presents PROVIDED
ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said agreement and
without prejudice to the power contained therein and whenever the covenant for payment and repayment
herein before contained shall become enforceable and the money owing shall not be paid in accordance
there with the Employer may at any time thereafter adopt all or any of the following courses as he may
deem best:
(a) Seize and utilize the said materials or any part thereof in the completion of the said works on
behalf of the contractor in accordance with the provisions in that behalf contained in the said
agreement debiting the contractor with the actual cost of effecting such completion and the amount
due to the contractor with the value of work done as if he has carried it out in accordance with the
said agreement and at the rates thereby provided. If the balance is against the contractor, he is to
pay same to the Employer on demand.
(b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys
arising from the sale retain all the sums aforesaid repayable or payable to the Employer under
these presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to the
Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid interest on the said
advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and the said agreement the
provisions of these presents shall prevail and in the event of any dispute or difference arising over the
construction or effect of these presents the settlement of which has not been here-in-before expressly
provided for the same shall be referred to the Employer whose decision shall be final and the provision of
the Indian Arbitration Act for the time being in force shall apply to any such reference.

98
 SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES

BANK CERTIFICATE

This is to certify that M/s.___________________________________________________ is a

reputed Company with a good financial standing.

It the contract for the work, namely ______________________________________________ is

awarded to the above firm, we shall be able to provide overdraft/ credit facilities to the extent
of Rs. _______________ to meet their working capital requirements for executing the above
contract during the contract period.

____________________
(Signature)
Name of Bank
Senior Bank Manager
Address of the Bank

99
 AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements/information furnished in

the bid document for the work of _____________________________ (name of work) are
true and correct to the best of my knowledge.

2. The undersigned/the undersigned on behalf of the Firm/Company also hereby certify

that neither I/our Firm/Company have abandoned any work in India nor any contract
awarded to us for such works have been rescinded, during last five years prior to the
date of this bid.

3. The undersigned hereby authorize(s) and requests) any Bank, Person, Firm or
Corporation to furnish pertinent information deemed necessary and requested by the
department to verify the statements/information or regarding my (our) competence
and general reputation.

4. The undersigned understand and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the
Department/project implementing agency.

______________________________________________
(Signature of the Bidder with proper title and full address)

________________
Date

100
 UNDERTAKING

I, The undersigned do hereby undertake that our firm M/s._________________________

__________________________________ would invest a minimum cash up to 25% of the value
of the work during implementation of the Contract.

_____________________________________
(Signed by an Authorised Officer of the Firm)

______________________
Title of Officer

______________________
Name of Firm

______________________
Date

101
 UNDERTAKING

I, the under signed do hereby undertake that our firm M/s

_________________________ agree to abide by this bid for a period of 180 (One hundred
eighty) days after the deadline date fixed for receiving the same and it shall be binding on us
and may accepted at any time before the expiration of that period

______________________________________
(Signed by an Authorised Officer of the Firm)

_____________________
Title of Officer

_____________________
Name of Firm

____________
Date

102
ACCEPTANCE/NON ACCEPTANCE OF DISPUTE REVIEW EXPERT PROPOSED
IN CLAUSE 36.1

I/We accept appointment of Sri………………………………………as the Dispute

Review Expert.

(OR)

I/We do not accept appointment of Sri………………………………………as the

Dispute Review Expert and propose instead that Sri……………………………………to
be appointed as the Dispute Review Expert.

Date:- Signature of the bidder

Name in full (in block capital letters)
Address-

Place:-

103
 AUTHORITY

Employer (therein after called the Chief Engineer, PWD, Roads, Assam,
Chandmari,Guwahati-3 is hereby authorized to seek reference from my Banker, as and
when required.

Date:- Signature of the bidder

Name in full (in block capital letters)
Address-
Place:-

Name & address of the Banker

with contact Telephone No./FAX No.

104
 LETTER OF ACCEPTANCE

(Letterhead paper of the Employer)

__________________ (Date)

To
______________________________ (Name and address of the Contractor)
______________________________
______________________________

Dear Sirs,

This is to notify that your Bid dated ____________________________ for execution of

the __________________________________ (name of the contract and identification number as
given in the Instructions to Bidders) for the Contract Price of Rupees ______________________
(______________________________) (amount in words and figures), as corrected and modified
in accordance with the Instructions to Bidders is hereby accepted by our agency.

We accept/do not accept that ________________________________ be appointed as the

Adjudicator**. You are hereby requested to furnish Performance Security, in the form detailed
in Para 34.1 of ITB for an amount equivalent to Rs. ____________________ within 2 weeks of
issue of this letter of acceptance valid up to 28 days from the date of expiry of defects Liability
Period i.e. up to __________________________ and sign the contract, failing which action as
stated in Para 34.3 of ITB will be taken.

Yours faithfully,

Chief Engineer, PWD

Roads, Assam,
Chandmari, Guwahati-3

____________________________________________________________________________
*Delete “corrected and” or “and modified” if only one of these actions applies. Delete as
corrected and modified in accordance with the Instructions to Bidders, if corrections or
modifications have not been affected.

**To be used only if the Contractor disagrees in his Bid with the Adjudicator proposed by the
Employer in the “Instructions to Bidders”.

105
 ISSUE OF NOTICE TO PROCEED WITH THE WORK
(letter head of the Employer)

__________________________(date)

To

Sri __________________________ (Name and address of the Contractor)

___________________

Dear Sirs,

Pursuant to your furnishing the requisite security as stipulated in ITB Clause 34.1 and
signing of the Contract for the construction of __________________________________
__________________________________________________________) at a Bid Price of Rs
_________________ (___________________________________________________________) only.

You are hereby instructed to proceed with the execution of the said works in
accordance with the contract documents.

Yours faithfully,

Chief Engineer, PWD

Roads, Assam,
Chandmari, Guwahati-3

106
 AGREEMENT

This agreement made the ………. th day of ……………… between Chief Engineer, P.W. D.
(Roads), Assam [hereinafter called “The Employer”] and
……………………………………………… (hereinafter called “the Contractor” of the other
part].Whereas the Employer is desirous that the Contractor execute the work of
…………………………………………….. [hereinafter called “the works”] and the employer has
accepted the Bid of the Contractor for the execution and completion of such works and the
remedying of any defects therein, at a cost of Rs. ……………………………. (Rupees
……………………….) only.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the conditions of Contract hereinafter referred to and
they shall be deemed to form and be read and constructed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the works and remedy and defects therein in conformity in all aspects
with the provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the works and the remedying the defects wherein
Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as part
of this Agreement viz.

(i) Letter of Acceptance,

(ii) Notice to proceed with the works,
(iii) Condition of Contract,
(iv) Contract Data,
(v) Technical Specification
(vi) Bill of Quantities and
(vii) Contractor‟s Bid

In witnessed where of the parties there to have caused this Agreement to be executed
the day and year first before written.

The Common Seal of ________________________________________________ was

hereunto affixed in the presence of ________________________________________________
______________________________________________________________________________

Signed, Sealed and Delivered by the said ______________________________________

_____________________________ and ____________________________________________
________________________________________________________________________________

In the presence of:

Biding Signature of Employer _____________________________________________________

Bidding Signature of Contractor ___________________________________________________

Signature Not Verified

Digitally signed by CHANDAN KUMAR
107 DAS
Date: 2024.08.31 16:13:19 IST
Location: Assam-AS