PWD 1519650414 - 74793 - 30008crsu
PWD 1519650414 - 74793 - 30008crsu
PWD 1519650414 - 74793 - 30008crsu
(BUILDING WORKS)
PART 1 : COMPLETE BIDDING DOCUMENT
TABLE OF CONTENTS
The bids from eligible bidders online are hereby invited in the website: http://www.haryanaeprocurment.gov.in for
the following work.
Name of work Approximate Earnest Pre Bid Opening Cost of bid Period of
value of work money meeting of tender in Rs. (Non completion in
(Rs. In Lacs) contractor / refundable) months.
society ( Rs.
in Lacs)
Providing and fixing of 1,000/- 4 months
10.27 10,300/- for
fire fighting system in
Society &
Girls Hostel in the 20,600/- for
contractor
Campus of Ch. Ranbir
Singh University at
Jind in Jind Distt.
The tender will be received only through E-tendering for further details visit website
http://www.haryanaeprocurment.gov.in or http://www.hsrdc.in
Package Name of work Approximate Earnest Cost of Time Date and time
No. value of money document Limit for bid
works (Rs.) (Rs.) (Rs.) preparation to
Hash submission
1. Providing and fixing
10.27 10,300/- for 4 Months
of fire fighting system
Society & Rs. 1000/-
in Girls Hostel in the 20,600/- for
contractor
Campus of Ch. Ranbir
Singh University at
Jind in Jind Distt.
1. Bidding Documents can be downloaded online from the Portal http://haryanaeprocurment.gov.in by the
Societies/Contractors registered on the Portal.
2. Pre-bid meeting will be held on _____________ at ________ Hrs. in the committee room of office of
Superintending Engineer, Haryana PWD (B&R) Br., Kaithal. to clarify the issues and to answer questions
on any matter that may be raised at that stage as stated in clause 9.2 of “ Instructions to Bidders” of the
bidding document.
3. As the Bids to be submitted online are required to be encrypted and digitally signed, the Bidders
are advised to obtain the same at the earliest. For obtaining Digital Certificate, the Bidders may
contact the representative of Nextenders, the Services Providers of Electronic Tendering System.
4. The contractual Agencies can submit their tender documents (Online) as per the
dates mentioned in the key dates:-
Key Dates
Sr. Tender Schedule Bidder Stages Start date & Expiry date & time
N time
o
.
1. Release of tender -
2. Online Bid preparation &
submission (Bidder Stage)
3. Manual submission of Tender
document fee, EMD and
E-Service fee etc.
4. Date & time of opening of -
Technical Bids
5. Date & Time of Open Financial -
/Price-Bid
5. The Bidders can download the bidding documents from the Portal http://haryanaeprocurment.gov.in
Tender Document Fees has to be paid online during the Bid Preparation and Hash Submission stage and
Bid Security has to be submitted in a separate sealed BS envelope. The bidders shall have to pay the Tender
Document Fees mentioned against the work at the time of Bid Preparation and Hash Submission stage. The
Bid Security will have to be in any one of the form as specified in the bidding document. The BS envelop
has to reach in the office of Deputy General Manager, HSRDC, Jind/ Superintending Engineer Kaithal
Circle PWD (B&R) Br., Kaithal. Willing Bidders shall have to pay the e- Service Fees of Rs. 1000/- in
6. The tender shall be submitted by the tenderer in the following three separate envelops:
Note:- Online Bidders are required to submit the physical BS in a physical BS Envelope-‘BS’ Price Bids and
Technical Bid are to be submitted mandatory online and shall not be accepted in any physical form.
Reference of the BS is to be mentioned Online.
Above envelope, as applicable, shall be kept in a big outer envelope, which shall also be sealed, In the first
instance, the Envelop-BS’ of all the Bidders containing the Bid Security shall be opened online and physically. If the
Earnest Money is found proper, Technical Bid shall be opened (online) in the Envelope in ‘CI’ Shall be opened
(online) only if the tenders meet the qualification criteria as per Bid document. The date of opening of Financial Bid
shall be fixed at the time of opening of Technical Bid.
The contractual Agencies will submit the necessary documents as under.
A copy of above is forwarded to the following for information and wide publicity:
(1) Managing Director, Haryana State Roads & Bridges Development Corporation Ltd., Panchkula.
(2) Engineer-in-Chief Haryana, PWD B&R Branch Chandigarh.
(3) All Superintending Engineer, Haryana PWD B&R Branch.
(4) Deputy Commissioner, Jind.
(5) Commissioner, Rohtak.
(6) All Executive Engineers, PWD B&R Branch in Haryana/All DGM’s under HSRDC.
(7) The Assistant Registrar, Co-op. L&C Society, Jind/Safidon.
(8) The District Co-op. L&C Society, Jind
(9) All approved Contractors/Societies of PWD B&R of appropriate class.
(10) Notice Board.
1. The contractor/agency should have valid class “A” Electrical Contractor’s License, himself
issued by the Chief Electrical Inspector, Haryana Only.
2. The contractor/agency should have Haryana GST Registration.
3. The contractor/ agency should have solvency certificate from Nationalize Banker’s of
application to be submitted.
4. No any authorization of other contractor/agency will be allowed.
5. The agency enlisted with HUDA/PWD B&R/CPWD/MES in field of firefighting system can
participate the tender.
6. The contractor /agency should have NOC from local fire authority after completion of the
work.
7. The contractor/agency should have EPF & ESI number submitted can participated the tender.
1. These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
2. Registration of the contractors on the Hr. PWD B&R Deptt. website
http://www.haryanaeprocurment.gov.in .
All the Contractors registered / intending to register with Haryana PWD (B&R) Branch and intending to
participate in the tenders processed online, are required to get registered on the Electronic Tendering
System on the Portal http://haryanaeprocurmentt.gov.in
The Contractors registered with other departments who are also eligible to participate in the tenders are also
required to be registered on the Electronic Tendering System in OPEN category.
For more details, please see the information in Registration info link on the home page.
3. Obtaining a Digital Certificate:
3.1 The Bids required to be submitted online should be signed electronically with a Digital
Certificate to establish the identity of the bidder bidding online. These Digital Certificates are
issued by an approved certifying agency, authorized by the controller of Certifying Authorities,
Government of India.
3.2 A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters
attested by the bankers /gazzetted officers with whom the contractor maintains the accounts
with. Only upon the receipt of the required documents, a digital certificate can be issued.
3.3 The registered contractors may obtain Class-II B Digital Certificates from any Certifying
Authority or Sub- Certifying Authority authorized by the Controller of Certifying Authorities or
may obtain information and application format and documents required to issue of digital
certificate from:
O/o. DS&D Haryana,
SCO – 09, IInd Floor,
Sector – 16, Panchkula – 134108
Help Desk: 1800-180-2097 (Toll Free Number)
E - mail: chandigarh@nextenders.com
2. The registered contractors may obtain the digital certificates from any other Certifying Authority or
Sub-Certifying Authority authorized by the Controller of Certifying Authorities, Government of
India.
3.4 Bid for a particular tender may be submitted only using the Digital certificate, which is used to
encrypt the data and sign the hash during the stage of bid preparation and hash submission. In
case, during the process of a particular tender, the user looses his digital certificate (i.e. due to
virus attack, hardware problem, operating system problem); he/she may not be able to submit the
bid online. Hence, the Authorized users are advised to back up his/her Digital certificate and keep
the copies at safe place under proper security to be used in case of emergencies.
3.4 In case of online tendering, if the Digital certificate issued to the authorized user of a firm is
used for signing and submitting a bid it will be considered equivalent to a no-objection
Other Information:
1. The intending Contractors shall fill in the item rate in the online BOQ templates of the tender.
2. Duly accepted power of Attorney in original along with its two certified copies in the name of
tenderer or authorized representative to act on behalf of the agency.
3. Bidder must strictly abide by the stipulations set forth in detailed notice inviting tenders while
tendering for the work.
4. In case any tender does not comply with procedure given in the DNIT, it will be presumed that
the contractor is not interested in work and the work shall not be let out to him. Further he may
be de-barred without further notice to him for failing to abide by the approved terms of detailed
notice inviting tenders for this work.
5. The tenders which are not accompanied by the earnest money or do not strictly follow the
technical requirement, are liable to be rejected summarily without arising any reason and no
claim what so ever on their account will be considered.
6. Tenders quotations which are dependent upon the quotations of another tender shall be
summarily rejected.
SECTION-1
INSTRUCTIONS TO BIDDERS
(ITB)
A. GENERAL
1 Scope of Bid
1.1 The Employer (named in Appendix to ITB) invites bids for the construction of works (as defined
in these documents and referred to as “the works”) detailed in the table given in ITB. The bidders
may submit bids for any or all of the works detailed in the table given in ITB.
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 Client Department.
3. Eligible Bidders.
3.1 This Invitation for Bids is open to all bidders as defined in Appendix to ITB.
4.2 Deleted
4.3 All bidders shall include the following information and documents with their bids in Section 2:
a) copies of original documents defining the constitution or legal status, place of registration, and
principal place of business, written power of attorney of the signatory of the Bid to commit the
Bidder.
b) total monetary value of construction work performed for each of the last seven years.
c) Experience in works of similar nature (defined as billing for works in progress and completed in
all cases of Buildings, Bridges, ROB’s and RUB’s only) and size for each of the last seven years
and details of works underway or contractually committed, and clients who may be contacted for
further information on those contracts.
d) major items of construction equipment proposed to carry out the Contract.
e) qualifications and experience of key site management and technical personnel proposed for
Contract:
f) reports on the financial standing of Bidder, such as profit and loss statements and auditor’s
reports for the past seven years.
g) evidence of access to line(s) of credit and availability of other financial resources facilities (25%
of contract value), certified by the Bankers (Not more than 3 months old).
h) undertaking that the bidder will be able to invest a minimum cash upto 25% of contract value of
work, during implementation of work.
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) proposals for subcontracting components of the works amounting to limiting to 20 per cent of the
Bid Price (for each, the qualifications and experience of the identified sub-contractor in the
relevant field should be annexed); and
l) the proposed methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to
4.5A. To qualify for award of the contract, each bidder in its name should have in the last seven
years as referred to in Appendix.
The Tenderer may be asked to give presentation in front of the Department and clients for
showing their previous work experience.
The past experience in similar nature of work should be supported by completion certificates
issued by an officer not below the rank of DGM or equivalent The completion certificate shall be
supported with copies of TDS certificates issued by employer for the work executed.
Completion / satisfactory work done Certificates from Clients/ Employers.
Self declaration on no pending litigation.
Up-to date I T Return & PAN Card, VAT Registration Certificate, & Service Tax Registration
Certificate.
Valid bank solvency certificate for an amount of Rs. ________ lakhs.
b) The applicant should have minimum Average Annual financial turnover during the
last 3 years, ending 31st March of the previous financial year, should be at least 30%
of the estimated cost. This should be duly audited by a Chartered Accountant (10%
compounded value per year to be added)
c) The applicant should have not incurred any loss in more than two years during the
last five years ending last day of tender duly certified by the Charted Accountant.
d) The contractor or his identified sub-contractor should possess required valid license for
executing the water supply/sanitary/electrical engineering works and should have
executed similar water supply/sanitary/electrical engineering works.
e) The applicant’s performance for each work completed in the last 7 years and in hand
should be certified by an officer not below the rank of DGM /Project manager or
equivalent and should be obtained in sealed cover.
B. Each bidder should further demonstrate:
(a) Availability (either owned or leased) of the key and critical equipment to attain the
completion of works in accordance with the prescribed construction schedule are shown
in the Annexure-I.
(b) Availability for this work of personnel with adequate experience as required; as per
Annexure-II.
(c) liquid assets and/or availability of credit facilities of not less than amount indicated in
Appendix.
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 aggregate of the qualifying criteria for the individual contracts.
4.6. Sub-contractors’ experience and resources shall not be taken into account in determining the
bidder’s compliance with the qualifying criteria except to the extent stated in 4.5 (A) above.
N= Number of years prescribed for completion of the works for which bids are invited (period upto six
months taken as half-year and more than six months as full year)
M= 3
B= Value of existing commitments and ongoing works to be completed during the period of completion
of the works for which bids are invited ( updated) to the price level of the last year @ 10% per
annum.
Note: The statements showing the value of existing commitments and on-going 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 DGM or equivalent.
4.8 Even though the bidder met the above qualifying criteria, they are subject to be disqualified if
they have:
- made misleading or false representations in the forms, statements and attachments
submitted in 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, or financial failures etc: and/or.
- participated in the previous bidding for the same work and had quoted unreasonably high
bid prices and could not furnish rational justification to the employer.
6. Cost of Bidding.
6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will in no case be responsible and liable for those costs.
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.
Invitation for Bids
1 Instructions to Bidders
2. Qualification Information, and other forms.
3 Conditions of Contract
4. Contract-Data.
5. Technical Specifications
6. Form of Bid.
7. Bill of Quantities.
8. Securities and others forms
9. Drawings
10. Documents to be furnished by the bidder.
8.3. The bidder is expected to examine carefully all instructions, conditions of contract, contract data,
forms, terms, technical specifications, bill of quantities, forms, Annexes and drawings in the Bid
Document. 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.
9.1. A prospective bidder requiring any clarification of the bidding documents may notify the
Employer in writing or by cable (hereinafter “cable” includes telex and facsimile) 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 15 days prior to the deadline for submission of
bids. Copies of the Employer’s response will be forwarded to all purchases of the bidding
documents, including a description of the enquiry but without identifying its source.
9.2 Pre-bid meeting
9.2.1 A pre-bid meeting shall be held at Kaithal in the office of Superintending Engineer, Kaithal
Circle, PWD B&R Br., Kaithal on __________ at ______ Hrs.
9.2.2. The purpose of the meting will be to clarify issues and to answer questions for clarification of any
doubts on any provision of the contract or 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 email 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 and a copy placed on departmental website. 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.
10.2. Any addendum thus issued shall be part of the bidding documents and put up on website only.
The employer will assume no responsibility in this regard.
10.3. To give prospective bidders reasonable time in which to take an addendum into account in
preparing their bids, the Employer may, at his discretion, extend as necessary the deadline for
submission of bids, in accordance with Sub-Clause 20.2 below.
C. PREPARATION OF BIDS
12.2. Following documents, which are not submitted with the bid, will be deemed to be part of the bid.
Section. Particulars.
13.1. The contract shall be for the whole works as described in Sub-Clause 1,1, based on the priced Bill
of Quantities submitted by the Bidder.
13.2. The intending Contractors shall fill in Item rate at its appropriate places in figures. Items for
which no rate or price is entered by the bidder will not be paid for by the Employer and
considered as nil rate & such items will have to be executed by the contractor free of cost.
13.3. All taxes, duties, cess, other levies and surcharge as applicable from time to time payable by the
contractor under the contract, or for any other cause shall be included in the rates, prices and total
Bid Price submitted by the Bidder and such items will have to be executed by the contractor free
of cost.
14.1. The unit rates and the price shall be considered in Indian Rupees. All payments shall be made in
Indian Rupees.
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 bidders’ 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 15.3 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. In the case of contracts in which the Contract Price is fixed (not subject to price adjustment), in
the event that the Employer requests and the Bidder agrees to an extension of the validity period,
the contract price, if the Bidder is selected for award shall be the bid price corrected as follows;
The price shall be increased by the factor of 0.2% for each week or part of a week that has
elapsed from the expiration of the initial bid validity to the date of issue of letter of acceptance to
the successful Bidder.
15.4. Bid evaluation will be based on the bid prices without taking into consideration the above
correction.
16 . Bid Security.
16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in column 4 of
the table of IFB for this particular work. The bid security is to be paid online via Credit Cards /
Internet Banking Accounts / ITZ Cash Cards/Debit Cards for contract(s) less than Rs.5.00 lacs.
For contract(s) more than Rs.5.00 lacs, bid security shall be in favour of Deputy General
Manager, Haryana State Roads & Bridges Development Corporation Ltd., Jind and may be in one
of the following forms:
16.2. Bank Guarantees (and other instruments having fixed validity) 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 45 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.
(a) if the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or.
(b) 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.
17.1. Bidders shall submit offers that fully comply with the requirements of the bidding documents,
including the conditions of contract, 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.
Deleted
D. SUBMISSION OF BIDS
19.2. Deleted
19.3. In addition to the identification required in Sub-Clauses 19.1, the envelope containing EMD ad
Performance guarantee shall indicate the name and address of the bidder to enable the bid to be
returned unopened in case it is declared late, or the Evaluation Committee declares the bid as non
responsive pursuant to Clause 23.
19.4. If the envelope is not sealed and marked as above, the Superintending Engineer, Kaithal Circle,
Hr. PWD (B&R) Br., Kaithal will assume no responsibility for the misplacement or premature
opening of the bid.
20.1 Deleted.
20.2. The Employer may extend the deadline for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all right and obligations of the Employer and the
bidders previously subject to the original deadline will then be subject to the new deadline.
21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned
unopened to the bidder.
23.2. Deleted.
23.5 Evaluation of the technical bids with respect to bid security, qualification information and other
information furnished pursuant to clause 12.1 of ITB shall be taken up and completed on the date
of bid opening and a list will be drawn up of the responsive bids whose financial bids are eligible
for consideration.
23.6 The date & time of opening of the Financial Bid will be announced by the Employer.
23.7. At the time of opening of “Financial Bid”, the names of the bidders whose bids were found
responsive in accordance with Clause 23.4 will be announced. The bids of only those bidders will
be opened. The responsive Bidders ‘ names, the Bid prices, the total amount of each bid, any
discounts and such other details as the Employer may consider appropriate, will be announced by
the Superintending Engineer, Kaithal Circle, Hr. PWD (B&R) Br., Kaithal at the opening. Any
Bid price or discount, which is not read out and recorded, will not be taken into account in Bid
Evaluation.
23.8 The Superintending Engineer will prepare the minutes of the bid opening including the
information disclosed to those present in accordance with sub clause 23.6.
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 to the successful Bidder has
25.1. To assist in the examination, evaluation, and comparison of Bids, the Superintending Engineer
may, at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit
rates. The request for clarification and the response shall be in writing or by cable, but no change
in the price or substance of the Bid shall be sought, offered, or permitted except as required to
confirm the correction of arithmetic errors discovered by the Superintending Engineer in the
evaluation of the Bid 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 the contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Employer, it should do so in writing.
25.3. Any efforts by the Bidder to influence the Superintending Engineer, Kaithal Circle, Hr. PWD
(B&R) Br., Kaithal in the Employer’s bid evaluation, bid comparison or contract award decisions
may result in the rejection of the Bidders’ bid.
26.1. During the detailed evaluation of “Technical Bids”, the Superintending Engineer 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) is substantially responsive to the
requirements 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 of reservation is one (a) which effects in any substantial way the scope, quality, or
performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding
documents, the Superintending Engineer right or the Bidder’s obligations under the Contract; or
(c) whose rectification would effect 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 Superintending
Engineer, Kaithal Circle, Hr. PWD (B&R) Br., Kaithal and may not subsequently be made
responsible by correction or withdrawal of the non-conforming deviation or reservation.
27.1. “Financial Bids” determined to be substantially responsive will be checked by the Superintending
Engineer, Kaithal Circle, Hr. PWD (B&R) Br., Kaithal for any arithmetic errors. Errors will be
corrected by the Employer as follows:
(a) Where there is a discrepancy between the rates in figures and in words, the rate in words
will govern; and
(b) Where there is a 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;
28.1 The Engineer shall extend the Intended Completion Date, with approval from authority
competent to grant time extension as mentioned in clause 16.16.6 of PWD Code through
employer, 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.
The Clause 16.16.6 is reproduced as under:-
“16.16.6 The authority competent to technically sanction the estimate shall have the power to
grant EOT. However, to check disproportionate EOTs and to ensure uniformity in approach, the
MD, HSRDC shall issue instructions in this regard from time to time.”
28.2 The Engineer with the approval of the authority competent to grant time extension as per PWD
Code Clause 16.16.6 through employer shall decide whether and by how much to extend the
intended completion date within 56 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 delay or has failed to cooperate in dealing
with a delay, the delay by the failure shall not be considered in accessing 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. The employer shall refer the case to the
authority competent to grant time extension as per Clause 16.16.6 of PWD Code within further 14
days for his decision. If the authority competent to grant time extension fails to give his
acceptance within next 28 days, the engineer shall not grant the time extension and the Contractor
may refer the matter to the Dispute Redressal System under clause 24.1. In case the employer
happens to be the authority competent to grant time extension, he would convey his decision to
the Engineer within 42 days.
29.1. The Superintending Engineer 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. deviations; and
(c ) deleted.
29.3. The Superintending Engineer, Kaithal Circle, Hr. PWD (B&R) Br., Kaithal reserves the right to
accept or reject any variation or deviation, Variations and deviations and other factors, which are
in excess of the 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 the contract, the Superintending Engineer may require
the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to
32. Employer’s right to accept any Bid and to reject any or 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 effected Bidder or Bidders or any obligation to inform the
affected Bidder or Bidders of the grounds for the Employer action.
32.2 Normally, the lowest responsive tender (L1) shall be accepted unless there is some valid
objection like, his record of failure in execution of formal works or his rates being abnormally
low and nor workable, etc
32.3 Tenders shall be accepted in accordance with the delegation of the powers under Departmental
Financial Rules (DFR).
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 performance security in accordance with the provisions of Clause 34.
33.3. The agreement will incorporate all agreements between the Employer and the successful Bidder.
It will be signed by the Employer and sent to the successful Bidder, within 28 days following the
notification of award along with the Letter of Acceptance. Within 21 days of receipt, the
successful Bidder will sign the Agreement and deliver it to the Employer.
33.4. Upon the furnishing by the successful Bidder of the Performance Security, the Superintending
Engineer will promptly notify the other Bidders that their Bids have been unsuccessful.
33.5 If the lowest tenderer (L-1) backs out, his earnest money shall be forfeited, the agency will be de-
barred for giving tenders for one year and the second lowest tenderer(L-2), third lowest tenderer
(L-3) in order of sequence, may be called upon to bring his offer to the same level as the
originally first lowest tenderer. In the event of their refusal to do so, tenders shall be recalled. In
case of great urgency, authority competent to accept the tender may authorize call of limited or
short notice tenders.
34.1. Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the
Superintending Engineer a Performance Security in any of the forms given below for an amount
equivalent to 5% of the Contract price plus additional security for unbalanced or front loaded
tenders in accordance with Clause 29.5 of ITB to be kept as a surety that the contractor completes
the work satisfactory. The performance security will be valid upto the end of the defect liability
period+45 days or as prescribed in the contract data. In case, the time of completion is enlarged,
the validity of the guarantee shall be correspondingly extended. It carries no interest and is
refunded to the contractor after the date specified in the contract.
- a bank guarantee in the form given in Section 8; or
- certified Bank Draft as indicated in Appendix.
34.2. If the performance security is provided by the successful Bidder in the form of a Bank Guarantee,
it shall be issued either (a) at the Bidder’s option, by a Nationalized/Scheduled Indian bank or (b)
by a foreign bank located in India 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, forfeiture of the Bid Security and de-
barring the agency for giving tenders for one year. If the work of is an urgent nature and cannot
brook delay involved in re-tendering, the remaining tenderers shall be offered the lowest
approved rates. If more than one tenderer turns up, then preferences shall be given to the tenderer
graded according to the rates quoted in the first instance.
34.4 Subsequent Offer:-. But if the subsequent even from a non-tenderer(received within one week of
the previous offer and before the decisions of the contract) is not just marginally but significantly
favourable to the Government (to the extent of 5% of the lowest tender amount in case of works
costing more than Rs.5.00 crores, 10% in case of works more than Rs.1.00 crore but less than
Rs.5.00 crores, 20% for in case of works more than Rs.5.00 lacs but less than Rs.1.00 crore and
30% in case of works less than Rs.5.00 lacs or any other limits as decided by Government from
time to time) then the subsequent offer can be considered provided the bidder deposits the bid
security and unconditional bank guarantee for the difference of the amounts between the offer of
the lowest agency and the subsequent fresh offer. In that case, short notice fresh sealed bids shall
be invited, with special invitation to the previous participants including the subsequent bidder
mentioned above, but with the stipulation that the subsequent bidder shall not bid higher than his
previous offer, otherwise his bid security and bank guarantee shall be forfeited. Tender shall be
allotted to the lowest valid bid received (Introduced as per PWD (B&R) EIC Memo No.1416-
93/Genl. Dated 29.02.2012).
34.5 The letter of acceptance shall be issued to the contractor for an amount of its financial offer as
evaluated. If this amount is more than 20% above the administrative approval, Govt./Client’s
approval shall be taken. In other cases work can be allotted under intimation to
Government/Client. In any case, revised administrative approval shall be sought if the excess
over the amount of administrative approval is more than 10%. The client deptt. shall be given
sufficient time to arrive at decision, say 30-45 days.
35. Advance Payment and Security
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. Deleted
37. Corrupt or Fraudulent Practices
37.1. The Superintending Engineer, Kaithal Circle, Hr. PWD (B&R) Br., Kaithal 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 and will declare the firm ineligible,
either indefinitely or for a stated period of time; to be awarded a contract with Govt. of
India/State PWD and any other agencies, if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for the contractor, or in execution.
37.2. Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 23.3 and Sub-Clause
59.2 of the Conditions of Contract.
38. Debarring
If the agency submits Financial Bid through e-tendering but fails to submit either bid security or
the Technical bid or both, then the agency will be debarred from further tendering in Haryana
PW(B&R) Deptt./HSRDC for minimum one year.(As per H.O. instruction issued vide memo no.
6241-/General dated 10.08.2011.
The agency/bidder to whom the work is allotted shall be paid lowest of the following in the
running/finals bills:
1. Amount calculated with the accepted rates of the lowest agency.
2. Amount worked out with the rates of L-2/L-3/L-4 and so on
3. Amount worked out with the accepted percentage above HSR+CP/analytical rates/NS item
rates worked out in financial statement. Financial statement will be made a part of agreement.
(As per instruction issued vide memo no. 629-696/Genl. Dated 02.02.2012.
The agency to whom the work is allotted shall complete the entire work as per drawing
irrespective of quantities in the DNIT. The agency is bound to consult the drawings before
tendering and tender the work accordingly.
The Employer can withdraw any item of DNIT at any stage. No claim on account of withdrawal
will be entertained.
APPENDIX to ITB
Clause Reference
With respect to
Section-I.
2. Eligible bidders are Bidders registered with Haryana Government, [Cl. 3.1]
Other State Governments, Government of India and other Central and State
Government Undertakings who satisfy the Qualification criteria.
11. Price level of the current financial year 2017-18 [Cl. 4.7]
12. The pre-bid meeting will take place in the office of [Cl. 9.2.1]
Superintending Engineer, Kaithal Circle, Kaithal
On ___________ at _______ Hrs.
16. The bid should be submitted latest by _____________ upto 15:00 Hrs.
17. The technical bid will be opened by Superintending Engineer Kaithal Circle,
PWD B&R Branch, Kaithal. [Cl. 23.1]
18. The Bank Draft / Bank Guarantee from any nationalized bank [Cl. 34.1]
In favour of Superintending Engineer, Kaithal Circle, PWD B&R
Branch, Kaithal.
ANNEXURE –I
List of Key plant & Equipment to be deployed on the work (contract (s) amounting more than
Rs.10.00 crores) except minor Special Repair & Maintenance works.
ANNEUXRE-II
1 Upto Rs. 100.00 lacs One Civil Engineer with diploma Rs. 30,000/- per month
in Civil Engineering with 5 years
experience of building
construction.
2 Above Rs. 100.00 lacs to One Civil Engineer with degree Rs. 50,000/- per month
Rs.500.00 lacs. in Civil Engineering with 2 years
experience or Diploma in Civil
Engineering with 5 years
experience in building
construction.
3 Above Rs. 500.00 lacs One Civil Engineer with degree Rs. 75,000/- per month
in Civil Engineering with 5 years for Civil Engineer and
experience in building Rs. 25,000/- per month
construction and one Quality for Quality Control
Control Engineer with Diploma in Engineer.
Civil Engineering with 2 years
experience in quality control.
In case the contractor fails to employ the Key Personnel required to be employed as above
at site, the department will employ the personnel and the recoveries will be made as above from
his bills alongwith 14% departmental charges. The personnel so employed shall be considered as
employees of the contractor and all responsibilities of them shall lie with him only.
SECTION-2
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.
1.3.1. Work performed as prime contractor and 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) on works of a similar nature over the last seven years.**
Project Name of Description Contract Value of Date Stipulated Actual date Remarks
Name the of work No. Contract of period of of explaining
Employer (Rs. issue completion completion* reasons
crore) of for delay
work & work
order Completed
#1.3.2 Quantities of work executed as prime contractor and 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 seven years:**
1.4. 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.
Description Place & Contract Name & Value of Stipulated Value of Anticipated
of works State No. Address Contract period of works* date of
of (Rs. Cr) completion remaining completion
Employer to be
completed
(Rs. Cr)
1 2 3 4 5 6 7 8
Description Place & Name & Address Estimated Stipulated Date when Remarks,
of works State of Employer value of period of decision is if any
works completion expected
(Rs. Cr.)
1 2 3 4 5 6 7
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.
Item of Requirement Availability proposals Remarks
Equipment No. Capacity Owned/ Leased Nos./Capacity Age/ (from whom to
to be procured Condition be purchased)
1.6. Qualifications and experience of key personnel required for administration and execution of
the Contract [Ref. Clause 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.
Position Name Qualification Year of Experience Years of experience in
(General) the proposed
position
Project Manager
Etc.
1.7. Proposed sub-contracts and firms involved. [Refer ITB Clause 4.3(k)]
Sanctions of the works Value of Sub-contract Sub-contractor Experience in similar
(Name & work
Address)
Attach copies of certificates on possession of valid license for executing water supply/ sanitary work/
building electrification works [Reference Clause 4.5(d) & Clause 4.5(e)]
*1.8. Financial reports for the last five years: balance sheets, profit and loss statements, auditors’
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 fax numbers of the Bidders’ bankers who may provide
references if contacted by the Employer.
1.11. Information on litigation history in which the Bidder is involved.
1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders.
1.13. Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts
as necessary to comply with the requirements of the Bidding documents. [Refer ITB Clause 4.1 &
4.3(1)]
1.14. Programme
1.15. Quality Assurance Programme
2. Deleted
3. Additional Requirements
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) Affidavit (ii) Undertaking
BANK CERTIFICATE
__________________
(Signature)
Name of Bank
AFFIDAVIT
1. I, the undersigned, do hereby certify that all the statements made in the required attachments are
true and correct.
3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to
furnish pertinent information deemed necessary and requested by the Department to verify this
statement 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.
___________________________________
_________________
(Title of Officer)
_________________
(Name of Firm)
_________________
DATE
UNDERTAKING
____________________ would invest a minimum cash up to 25% of the value of the work during
implementation of the Contract.
___________________________________
_________________
(Title of Officer)
_________________
(Name of Firm)
_________________
DATE
SECTION-3
CONDITIONS OF CONTRACT
CONDITIONS OF CONTRACT
A.GENERAL
1. Definitions
1.1 Terms which are defined in the Control Data are not also defined in the Conditions of Contract
but keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
The Completion Date is the date of completion of the Works as certified by the Engineer-in-
Charge 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 Contractor Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
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 named in the Contract Data (or any other competent person appointed
and notified to the contractor to act in replacement of the Engineer-in-Charge) who is responsible
for supervising the Contractor, administering the Contract, certifying payments due to the
Contractor, issuing and valuing Variations to the Contract, awarding extensions of time, and
valuing the 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-in-Charge by issuing an
extension of time.
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or
chemical or biological function.
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 Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
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 Subcontractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the Work in the Contract which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor
which are needed for construction or installation of the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn over to the
Employer, as provided in the bid documents, BOQ and drawings etc. and as directed by the
Engineer from time to time defined in the Contract Data.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female
or neuter, and the other way around. Headings have no significance, Words have their normal
meaning under the language of the Contract unless specifically defined. The Engineer-in-Charge
will provide instructions clarifying queries about the Conditions of Contract.
2.2 It 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 or priority:
(1) Agreement.
(2) Letter of Acceptance, notice to proceed with the works.
(3) Contractor’s Bid
(4) Contract Data.
(5) Conditions of Contract including Special Conditions of Contract.
(6) Specifications.
(7) Drawings
(8) Bill of quantities and
(9) Any other document listed in the Contract Data as forming part of the Contract.
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 the role representing the Employer.
5. Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people except to the
Adjudicator after notifying the Contractor and may cancel any delegation after notifying the
Contractor.
6. Communications
6.1. Communications between parties 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 India Contract Act.).
7. Sub-contracting
7.1. The Contractor may sub-contract any portion of work, upto a limit specified in Contract Data,
with the approval of the Engineer-in-Charge but may not assign the Contract without the approval
of the Employer in writing. Sub-contracting does not alter the Contractor’s obligations.
8. Other Contractors
8.1. The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the date given in the Schedule of other Contractors. The
Contractor shall as referred to in the Contract Data, also provide facilities and services for them
as described in the Schedule. The employer may modify the schedule of other contractors and
shall notify the contractor of any such modification.
9. Personnel
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 functions stated in the Schedule or other
personnel approved by the Engineer-in-Charge The Engineer-in-Charge 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.
In case of non-employment of key personnel action can be taken as per clause 59 of conditions of
contract & deduction will be made from the bills / due payment of the contractor on account of
salary per month of key personnel as per Annexure-II of Section-I @ of Rs. 30,000/- P.M for
Sr.No.1, Rs. 50,000/- P.M for Sr.No.2 and Rs 1,00,000/- P.M for Sr. No. 3.
9.2. If the Engineer-in-Charge asks 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 seven days and has no further connection with the work in the Contract.
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may
effect the insurance which the Contractor should have provided and recover the premiums the
Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the
payment of the premiums shall be a debt due. 14% Departmental charges over payment of
premiums will also be recovered from the contractors.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the Competent
authority.
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. In case such information
is not available in the contract data, the Contractor shall gather such information from the office
of Engineer-In- Charge. No claim on account of non availability will be entertained.
16.1. The Contractor shall construct and install the Works in accordance with the Specification and
Drawings.
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-in-Charge, and complete them by the Intended Completion Date.
18.1. The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer-in-Charge, 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-in-Charge’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 the 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-in-Charge 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-in-Charge of such
discoveries and carry out the Engineer-in-Charge’s instructions for dealing with them.
21. Possession of the Site
21.1. The Employer shall give possession of all parts of the Site to the Contractor. If possession of a
part is not given by the date stated in the 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-in-Charge and any person authorized by the Engineer-in-
Charge 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-in-Charge pertaining to works
which comply with the applicable laws where the Site is located.
24. Dispute Redressal System
24.1 If any dispute or difference of any kind whatsoever arises in connection with or arising out of this contract or
the execution of Works or maintenance of the Works there under, whether before its commencement or during the
progress of Works or after the termination, abandonment or breach of the contract, it shall, in the first instance, be
referred for settlement to the competent authority, described alongwith their powers in the contract data. The
competent authority shall, within a period of forty-five days after being requested in writing by the Contractor to do
so, convey his decision to the contractor. Such decision in respect of every matter so referred shall, subject to review
as hereinafter provided, be final and binding upon the Contractor. In case the Works is already in progress, the
Contractor shall proceed with the execution of works, including Maintenance thereof, pending receipt of the decision
of the competent authority as aforesaid with all due diligence.
24.2 Either party will have the right of appeal, against the decision of the competent authority to arbitrator within a
period of 28 days from decision of the competent authority. Either party may give notice to the other for refer a
decision of the competent authority to an Arbitrator within 28 days of the Competent Authority written decision. If
neither party refers the dispute to arbitration within the next 28 days, the Competent Authority decision will be
final and binding.
(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) within 30 days after
receipt of the notice of the appointment of its arbitrator by the other party, then the Council, Indian
Road 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.
(c) Arbitration proceedings shall be held in Jind / Panchkula, and the language 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 provided in the bid document.
(e) 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.
25.
Policy of fee structure of arbitrators in case of Civil Engineering Construction Contracts/ Supervision Consultants
1. The fee and other charges payable to an arbitrator in arbitration case shall be as given in the schedule
below:-
Sr. Agreement amount Fee Payable of TA/DA Charges for Reading fee and
no. sole Arbitrator / computer award writing
each Arbitrator in Operator / Clerk including typing
Tribunal charges and
stationery etc.
1. Upto Rs. 2.00 No Arbitrator
required
2. More than Rs. 2.00 crore but Rs. 10,000/- per As per Govt. 1000/- per Rs. 25000/-
upto 10.00 crore hearing and Rule hearing and lumpsum
maximum Rs. maximum Rs.
2.00 lacs for 20,000/- for the
whole proceeding whole proceeding
3. More than Rs. 10.00 crore Rs. 12,500/- per As per Govt. 1250/- per Rs. 25000/-
tribunal comprising of three hearing and Rules hearing and lumpsum each
Arbitrator maximum Rs. maximum Rs. Arbitrator of
3.00 lacs for 25,000/- for the Tribunal
whole proceeding whole proceeding
to each Arbitrator
26 Deleted
27.1. Within the time stated in the Contract Data the Contractor shall submit to the Engineer-in-Charge
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-in-Charge, 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-in-Charge 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.
27.4. The Engineer-in-Charge’s approval of the Programme shall not alter the Contractor’s obligations.
The Contractor may revise the Programme and submit it to the Engineer-in-Charge again at any
time. A revised Programme is to show the effect of Variations and Compensation Events.
28.1 The Engineer shall extend the Intended Completion Date with approval from authority competent to grant time
extension as mentioned in clause 16.16.6 of PWD code through employer. 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.
28.3 The Engineer shall within 14 days of receiving full justification from the contractor for extension of Intended
Completion Date refer to the Employer. The Employer shall refer the case to the authority competent to grant
time extension as per Clause 16.16.6 of PWD code within further 14 days for his decision. If the authority
competent to grant time extension fails to give his acceptance within next 28 days, the engineer shall not grant the
time extension and the Contractor may refer the matter to the Dispute Redressal System under Clause 24.1. In
case the employer happens to be the authority competent to grant time extension, he would convey his decision to
the Engineer within 42 days.
29. Deleted
30.1. The Engineer-in-Charge may instruct the Contractor to delay the start or progress of any activity within the
Works.
31.2. The Engineer-in-Charge shall record the business of management meetings and is to provide copies of his
record to those attending the meting and to the Employer. The responsibility of the parties for actions to be
taken is to be decided by the Engineer-in-Charge either at the management meeting or after the
management meeting and stated in writing to all who attended the meting.
32.1. The Contractor is to warn the Engineer-in-Charge 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-in-Charge 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-Charge 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-in-Charge.
34. Tests
34.1. If the Engineer-in-Charge 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.
35.2. Every time notice of a Defect is given the Contractor shall correct the notified Defect within the
length of time specified by the Engineer-in-Charge’s notice.
D. COST CONTROL
37. Bill of Quantities
37.1. The Bill of Quantities shall contain items for the construction, installation, testing and
commissioning work to be done by the Contractor.
37.2. The Bill of Quantities is used to calculate the Contractor Price. The Contractor is paid for the
quantity of the work done at the rate in the Bill of Quantities for each item.
38.3. Deleted
39. Variations
39.1. Deleted
40.1 Deleted
41.1. When the Programme is updated, the contractor is to provide the Engineer-in-Charge with an
updated cash flow forecast.
42.1. The Contractor shall submit to the Engineer-in-Charge monthly statements of the estimated value
of the work completed less the cumulative amount certified previously by 1st week of the month.
In case contractor does not submit his bill by 1st week of the month, Engineer-In-Charge shall get
the monthly statement of the estimated value of work completed less cumulative amount prepared
by the end of third week of the month. This procedure will be followed even if no work is carried
out at the site of work.
42.2. The Engineer-in-Charge 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 works in the relevant amounts and under
conditions set forth in sub-clause 51(3) of the conditions of contract.
42.4. The value of work executed shall comprise the value of the quantities of the Compensation
Events.
42.5. The value of work executed shall include the valuation of Variations and Compensation Events.
42.6. The Engineer-in-Charge 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. 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 @10% per annum upon the delayed
payment 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.
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 the other rates and price in the Contract.
44.2. If a Compensation Event would cause additional cost or would prevent the work being completed
before the Intended Completion Date, the Contract Price shall be increased and/or the Intended
Completion Date is extended. The Engineer-in-Charge shall decide whether and by how much the
Contract Price shall be increased and whether and by how much the Intended Completion Date
shall be extended.
44.3. As soon as information demonstrating the effect of each Compensation Event upon the
Contractor’s forecast cost has been provided by the Contractor, it is to be assessed by the
Engineer-in-Charge and the Contract Price shall be adjusted accordingly. If the Contractor’s
forecast is deemed unreasonable, the Engineer-in-Charge shall adjust the Contract Price based on
Engineer-in-Charge’s own forecast. The Engineer-in-Charge will assume that the Contractor will
react competently and promptly to the event.
44.4. The Contractor shall not be entitled to compensation to the extent that the Employer’s interests
are adversely affected by the Contractor not having given early warning or not having cooperated
with the Engineer-in-Charge.
45. Tax
45.1. The rates quoted by the Contractor shall be deemed to be inclusive of the sales tax /VAT, Labour
Cess, Service Tax if any and other taxes 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.
46. Currencies
46.1. All payments shall be made in Indian Rupees.
47.1 The rate of cement/steel issued under the authority of Engineer-in-Chief Hr. PW (B&R) Deptt.,
Chandigarh on the date of receipt of tender shall be considered as base rate. If during execution of the
works, the rate of cement/steel increases or decreases, the difference in cost shall be paid/ recouped from
47.1.3 After approval of tender, the Contractor shall submit the work programme for execution
of wok and get it approved from the Engineer-in-Charge in the time limit prescribed in
the tender document. The increase in rates of cement/steel shall only be paid if the work
is carried out within the prescribed period as per the approved work programme.
47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by
the provisions of this or other clauses in the contract, the unit rates and prices included in the contract
shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.
49.2. If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer-in-Charge 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 to the date of repayment at the rates specified in Sub Clause
43.1. If the contractor achieves the next mile stone in time, then LD imposed will be waived off
automatically and payment shall be released without any interest in the next bill due to the
contractor.
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 everyday 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 engineer may, without prejudice to any other method of recovery deduct the amount of such
damages from any money due or to become due to the contractor. The payment or deduction of such
damages shall not relieve the contractor from his obligation to complete the works on from any other of
his obligations and liabilities under the contract.
50. Deleted
51. Advance Payment
51.1. The Engineer 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
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-in-Charge.
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 is
assessing valuations of work done, Variations, price adjustments, Compensation Events, or
Liquidated Damages.
52. Securities
52.1. The Performance Security (Including additional security for unbalanced bids) shall be provided to
the Employer not 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 Rupees. The Performance Security shall be valid until a date 45 days from the date of
expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid
until a date 45 days from the date of issue of the certificate of completion.
53. Deleted
55.1. The Contractor shall request the Engineer-in-Charge to issue a Certificate of Completion of the
Works and the Engineer-in-Charge will do so upon deciding that the Work is completed.
56.1. The Employer shall take over the Site and the Works within seven days of the Engineer-in-
Charge issuing a certificate of Completion.
57.1. The Contractor shall supply to the Engineer-in-Charge a detailed account of the total
amount that the Contractor considers payable under the Contract before the end of the Defects Liability
Period. However, the final bill of the work will be passed by the Engineers within 90 days from the date
of completion. The final account and final bill are different in nature. The Engineer-in-Charge shall issue
a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days
after the end of defect liability period if it is correct and complete. If it is not, the Engineer-in-Charge
shall issue within 56 days a schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineer-in-Charge
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:
i.the Contractor stops work for 20 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer-in-Charge.
ii.the Engineer-in-Charge instructs the Contractor to delay the progress of the Works and the
instruction is not withdrawn within 28 days;
iii.the Employer or the Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
iv.a payment certified by the Engineer-in-Charge is not paid by the Employer to the Contractor
within 56 days of the date of the Engineer-in-Charge’s certificate;
v.the Engineer-in-Charge 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-in-Charge;
vi.the Contractor does not maintain a security which is required.
vii.the Contractor has delayed the completion of miles stone/ work by 30 days and
viii.if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices
in competing for or in executing the Contract
ix.Non-employment of key personnel as per clause 9.
For the purpose of this paragraph “ corrupt practice” means the offering, giving, receiving or
soliciting of any thing 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.”
59.3. When either party to the Contract gives notice of a breach of contract to the Engineer-in-Charge
for a cause other than those listed under Sub Clause 59.2 above, the Engineer-in-Charge 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 reasonable possible.
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.
(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 promotions etc.
(i) Payment of Bonus Act 1965:- Bonus will be paid as per latest policy of the Govt. of India.
(j) Industrial Disputes Act 1947:- The Act lays down the machinery and procedure for resolution
of Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.
(k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all establishments
employing 100 or more workmen (employment size reduced by some of the States and
Central Government to 50 ). The Act provides for laying down rules governing the conditions
of employment by the Employer on matters provided in the Act and get the same certified by
the designated Authority.
(l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade unions of
workmen and employers. The Trade Unions registered under the Act have been given certain
immunities from civil and criminal liabilities.
(m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment 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.
(o) The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act of 1996:- All the establishment 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 accommodations for
workers near the work place etc. The Employer to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
(p) Factories Act 1948:- The Act lays down the procedure for approval 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 occurrences to designated
authorities. It is applicable to premises employing 10 persons or more with aid of power or 20
or more persons without the aid of power engaged in manufacturing process.
SECTION-4
CONTRACT DATA
1 The Employer
Name: Superintending Engineer,
Address: Kaithal Circle, PWD B&R Br., Kaithal.
3 The Defects Liability Period is three years from the date of completion of [Cl.1.1 & 35]
work.
4 The Start Date shall be 21 days after the date of issue of the acceptance
letter.
5 The Intended Completion Date for the whole of the work is 04 months [Cl.1.1,17&28]
after start of work with the following milestones:
[Cl.2.2 &49.1]
6 Milestone dates:
Physical works to be completed Period from the start date
Milestone 1 i.e. 20% 01 month
Milestone 2 i.e. 40% 02 months
Milestone 3 i.e. 70% 03 months
Milestone 4 i.e. 100% 04 months
8 The following documents also form part of the Contract i.e. undertaking of [Cl. 2.3(9)]
the bidder if any.
9 The law which applies to the Contract is the law of Union of India [Cl.3.1]
13 The minimum insurance cover for physical property, injury and death is Clause Reference
Rs.5 lacs per occurrence with the number of occurrences limited with respect to
to four. After each occurrence, contractor will pay additional section 3
premium necessary to make insurance valid for four occurrences
always. This clause is applicable for contracts more than 1.00 [C1.13]
crore initially
17 Deleted. [C1.26]
18 The period for submission of the programme for approval of Engineer [C1.27.1]
shall be 21 days from the issue of Letter of Acceptance.
Pc = Base price of cement as issued under authority of M.D. (HSRDC), Panchkula valid at the
time of the last stipulated date of receipt of tender including extensions, if any.
C10 = All India Wholesale Price index for Grey cement as published by the Economic Advisor to
Government of India, Ministry of Industry and Commerce as valid on the last stipulated date of
receipt of tenders including extensions, if any.
C1 = All India Wholesale Price index for cement for period under. Consideration as published by
Economic Advisor to Government of India, Ministry and Commerce as valid on the date of purchase
of material.
b) Adjustment for Component of ‘Steel’
Vs = Ps x Qs x S1-S10
S10
Where,
Vs = Variation in cost of steel reinforcement bars i.e. increase or decrease in the amount in
rupees to paid or recovered.
Ps = Base price of steel reinforcement bars, as issued under authority of M.D. (HSRDC),
Panchkula at the time of the last stipulated date of receipt of tender including extension , if any.
Qs = Quantity of steel paid either by way of secured advance or used in the works since pervious
bill (whichever is earlier)
S10 = All India wholesale Price Index for Steel (Bars & rods) for the period under consideration
as published by Economic Advisor to Government of India, Ministry of Industry and Commerce
as valid on the last stipulated date of tenders including extensions, if any.
S1 = All India wholesale Price Index for steel (Bars & rods) in for the period under consideration
as published by Economic Advisor to Government of India, Ministry of Industry and Commerce as
valid on the date of purchase of material.
25 Amount of liquidated damages for delay in The amount of liquidated damages will [Cl.49]
completion of works be 1/2000 of agreement amount
per day. If any, milestone is
delayed/not achieved within 20
days from stipulated date, the
agreement can be terminated.
26 Maximum limit of liquidated damages for 10 per cent of the Initial Contract Price [Cl.49]
delay in completion of work/ milestones rounded off to the nearest
thousand.
27 Deleted
28 Deleted
III Machinery For works costing more than Rs.10.00 crores, or such
Advance limit as may be prescribed by the Government from time
to time, another interest bearing machinery advance to a
maximum of 5% of the contract price, depending on
merits of the case, can be given with the approval of the
M.D., HSRDC, Panchkula against the new key
construction equipment brought to the site, if a written
request is made by the contractor.
The advance shall be paid only upon the
contractor furnishing (i) an affidavit that the machinery
in question is free of any charge or hypothecation with
any bank or financial institution: (ii) unconditional and
irrecoverable bank guarantee(s) (iii) satisfactory proof of
purchase/payment of the machinery, and (iv) a written
undertaking that the equipment so purchased by him is
required for use on the work in question, is fully
serviceable shall work only on that job and shall not be
removed from the site without obtaining written
approval of the Engineer-In-Charge. The recovery of
machinery advance and the interest to be charged
thereon shall be as per tender document. Interest
@Prime Lending Rate (PLR) of SBI prevalent at the
time of tender per annum shall be charged against the
machinery advance given to he contractor.
The recovery of the machinery advance together
with interest shall be done through percentage
deductions from interim/running payments, in the
manner prescribed in the contract. It shall be desirable to
recover the total amount of machinery advance
alongwith interest within 80% of the time stipulated for
completion. The mobilization bank guarantee shall be
released after the recovery of full machinery advance,
including interest thereon.
30 Deleted.
31 Always provided that the advance shall be completely repaid prior to the expiry of the original
time for completion pursuant to clauses 17 and 28.
Repayment of Secured advance.
32. 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
into the Works.
The Securities shall be for the following minimum amounts equivalent as a percentage of the
Contract Price
Performance Security for 5 per cent of contract price plus Rs……………… (to be decided after
evaluation of the bid) as additional security in terms of ITB Clause 29.5.
33. The standard form of Performance Security acceptable to the Employer shall be an unconditional
Bank Guarantee of the type as presented in Section 8 of the Bidding Documents.
34. The date by which “as-built” drawings including PH/EI fixations (in scale as directed) in 2 sets
are required is within 28 days of issue of certificate of completion of whole or section of the
work, as the case may be.
35. The amount to be withheld for failing to supply “as-built” drawings by the date required is 1% of
the contract value.
36. The following events shall also be fundamental breach of contract:
“The Contractor has contravened Sub-clause 7.1 and Clause 9 of conditions of contract.”
37. The Contractor has contravened Sub-clause 7.1 and Clause 9.0 of GCC.
If the Contract is terminated on account of fundamental breach of Contract by the Contractor,
then the additional penalty for not completing the work shall be 20 percent of the value of the
work not completed in addition to the Liquidated damages, [Cl:60]
(To be calculated as per Clause 25 of contract date)
SECTION 5
TECHNICAL SPECIFICATIONS
The work will be executed as per Haryana PWD B&R Specifications as per latest amendment.
In case of any discrepancy the Bureau of Indian Standards shall be followed and then CPWD
specifications shall be followed. These will be in order of preference as mentioned below:
i) Haryana PWD (B&R) Specifications.
ii) Bureau of Indian Standards.
iii) CPWD Specifications.
In case, any item is not covered by all three above, then the decision of Engineer-in-Charge
shall be final.
2. PREAMBLE
2.1 The technical specifications contained herein shall be read in conjunction with the other
bidding documents as specified in volume-1.
2.2 SITE INFORMATION
2.2.1 The information given here under and provided else where in these documents is given in
good faith by the employer but the contractor shall satisfy himself regarding all aspects of site
conditions and no claim will be entertained on the plea that the information supplied by the
employer in erroneous insufficient.
2.2.2 The area in which the works are located is mostly plain terrain.
. (i) During summer months, from about 20º C minimum to 46º C maximum.
2.2.3.2 The average annual rainfall in the area is of the order of 500mm. A good portion of which is
2.2.3.3 The range of relative humidity varies from a minimum of 40% to a maximum of 80%.
1. STEEL
The steel to be used for the work shall be T.M.T. steel as per I.S.1786 Fe. 500 instead of cold
twisted Deformed (Ribbed/Tor Steel) as per IS code 1786. TATA/ SAIL will be used. In case
TATA/ SAIL is not available, preference will be given to RINL/SAIL.
2. CEMENT
I.S.I. marked 43 grade ordinary Portland cements as per I.S. 8112 (Latest) packed in HDOE bags
of 50kg each from the reputed firm from Birla , J.K., ACC or as approved by Engineer-in-Charge
is to be used by the Contractor/ bidder Pozallana, Portland cement can be used only in non RCC
work.
3. Test Certificate from Shri Ram Test House/ NIT Kurukshetra or any other approved test center
shall be supplied by the agency for each lot of material and the cost thereof shall be borne by the
agency.
4. Payment of items involving use of cement, steel will be made to the agency only if original
voucher or bill of purchase is supplied to the Engineer-in-Charge with each RA Bill.
5. No payment of items involving use of cement steel and other material will be made to the
agency if it is brought from any other manufacturer other than mentioned in this DNIT and
item thus executed will rejected & No payment will be made for such items.
6. Marble, Dholpur, Kotah or any other type of stone should be used in the work as approved by the
Engineer-in-Charge-in-charge.
7 In case factory manufactured items, the contractor will give the name of manufacturers and a
warranty certificate of five years in favour of Engineer-in-Charge. In case of doors shutters the
type of wood used shall also be given by the manufacturer.
8. All material which will be brought to the site either should be got tested at site or a test certificate
from the manufacturer will be produced by the contractor .In case Engineer-in-Charge is not
satisfied with the certificate produced by the contractor than the material will be sent to a reputed
laboratory for testing as desired by the Engineer-in-Charge-in Charge and charges there of shall
be borne by the agency.
9. In case sample is not found up to the specification than the testing expenditure will be borne by
the agency and material is to be replaced.
10. If test certificate is not produced by the contractor/manufacturer the same will be got tested at the
frequency as in I.S. code/laboratory manual/PWD specification and the entire expenditure will be
borne by the agency.
11. The aluminum sections to be used in the Joinery work shall be of Jindal or Hindalco.
1. The earth to be used shall be good and free from leaves, mud, vegetable matter slush and
other materials.
2. The work shall be carried out strictly in accordance with the P.W.D. specification book of
1990 of latest edition, there to and to the entire satisfaction of the Engineer-in-Charge of the
work and as amended from time to time, till the date of final payment.
3. The rate to be quoted shall includes all allowances for hardness wetness sales tax forest, dues
octroi, cess and all such other charges and taxes leviable if any and nothing extra shall be
payable to the agency on this account.
4. Nothing shall be paid for any loss of damages done due to rains, floods, or any other act of
God.
5. Payment for earth filling will be done on the basis of cross sections as laid down in the
Haryana PWD specification No. 6.2 para 27 (b) read with the para 28 and multiplying the
ratio of dry built density of the earth and laid to dry bulk density of natural fill.
6. 20% deduction shall be made for actual measured cubic contents in all cases of un-
compacted fills to arrive at the net cubic contents/measurements.
7. No earth shall be taken from Govt. land.
8. In case agency brings/use the earth from lesser lead than provided in the D.N.I.T. / analysis.
The rate shall be reduced proportionately.
9. Cross section of existing ground at the interval of 15 metres shall be accepted and signed by
the tenderer before start of the work.
1. The recovery of the pipe already laid will be made on measurement rate basis or point rate
basis or on actual expenditure basis which ever is on high side. In case of Departmental
work, 10% supervision charges shall also be added.
2. Conduit pipe where already laid for wiring purpose will be delivered to the contractor in
absolutely clean condition with round inspection boxes duly painted, covered and
whole system tested. After the conduit system is handed over to the contractor to whom the
work is allotted, he will be responsible for its upkeep.
3. During execution of work, if the contractor does not lay pipe and its accessories in the slab
within time prescribed by the Engineer-in-Charge of the work, the Deptt. can then lay the
said pipe-departmentally at contractors risk and cost without operating the clause 2 and 3 of
the contract agreement.
4. Separate conduit pipe for power plug with independent circuit wires shall be laid.
6. C-Series MCB will be provided for air conditioner wiring and no extra payment will be
made and only one make of MCB’s will be used in whole work.
7. Vertical type of MCB distribution boards will be provided wherever required as per design.
8. The contractor is also allowed to use MCBs duly ISI marked of more then 9 KA breaking
capacity for which no extra payment will be made.
9. For HSR item no.31.12 (D), 31.15 the make of enclosure will be same as that of MCB
of standard size having thickness 1.6 mm and 1.2 mm in case of TPN and SPN
enclosure respectively.
10. All MCCBs upto 220 Amp will have 25 KA minimum breaking capacity and above 220
amp. MCCBs will have 50 KA minimum breaking capacity. All MCCBs will have
magnetic thermal release and rotary operating mechanism duly interlocked and only one
make of MCCBs shall be used in whole work. No extra payment on this account shall be
made.
11. The thickness of M.S. Sheet of switch boxes should be of 16 gauges for which no extra
payment will be made.
12. The fan boxes sheet should be 16 gauge and anodized for which no extra payment will be
made.
13. The contractor shall install the material from the list of approved electrical material
appended in the NIT. Material not covered in the list will be used as per HSR-1988, and
PWD Specifications-1990.
14. The contractor must ensure preparation and submission of pipe diagram, wiring diagram,
key diagram etc. as required vide PWD Specifications Chapter No. 31.6.
15. Where ISI recommends multi stranded conductor of cable, cable with multi- stranded
conductor only will be used on work.
16. Rates should be quoted by the tenderer both in word and in figure, in case of any difference
between the two, the lowest of the same shall be considered as final rate.
18. The tenderer must either be ‘A’ Class Electrical Contractor enlisted with Haryana
PW(B&R) Deptt. or he must sublet the electrical work to a sub contractor possessing the
above qualification. The Sub contracting will be done with the written approval of
Superintending Engineer, Elect. Circle PW(B&R) Deptt., Rohtak or DGM, Elect. Divn.
PW(B&R) Deptt. (concerned division) as per competency.
19. The contractor must employ the following staff while carrying out work:-
1 Upto Rs. 1.00 crore One Electrical Engineer with Rs. 30,000/- per month
diploma in Electrical Engineering
with 5 years experience of building
construction.
2 Above Rs. 1.00 cr. to One Electrical Engineer with degree Rs. 50,000/- per month
Rs. 5.00 cr. in Electrical Engineering with 2
years experience or Diploma in
Electrical Engineering with 5 years
experience in building construction.
3 Above Rs. 5.00 cr. One Electrical Engineer with degree Rs. 75,000/- per month
in Electrical Engineering with 5 for Civil Engineer.
years experience in building
construction
21. All the street light fittings, bulbs and cables will be got inspected by the contractor at the
works/Go down of the manufacturer before installation at site. A certificate will also be
produced/ submitted by the contractor about the authenticity of purchase of above
material from the authorized source.
22. Only HYLAM make ISI make (I.S.2036-1995) white Bakelite sheet will be used without
any extra cost.
23. The rates mentioned in the NIT are for complete item including cost of all
accessories, material, labour, tool plants, water electricity bills etc. Unless otherwise
specified. No extra payment for the same shall be made.
24. The minimum size of MS control switch boards for controlling one fan point and one
light point shall not be less than 20cm x 25cm x 10cm.
25. The MS box for telephone, Intercom and Bell push shall be installed of size 100mm x
100mmx 60mm in place of 75mm x 75mm x 60mm.
26. The tender having ambiguous/confusing rates and conditions shall be summarily rejected.
27. The quantity/amount of NIT can be increased or decreased.
28. No Road cut charges shall be paid.
29. The contractor shall install two number check nuts and one No. PVC threaded Bush for
each pipe in MS inspection boxes. The contractor shall also install PVC flanged bush in
the junction boxes for each pipe. No extra payment on this account will be made. The
contractor shall quote the rates accordingly.
General: - This distribution board shall be fabricated out of 14 gauge sheet steel cubical type suitable for floor
mounting end or dead front type. Suitable rubber gaskets shall be provided between all opening and
joint to make the distribution board dust, moisture and vermin proof. The distribution board shall be
suitable for indoor location and shall consist of the bus bar chambers both vertically and horizontally
and the cable entry for the distribution shall be from bottom. Distribution board will consist of a number
of vertical sections. Each vertical section shall be divided in to a few standard sizes of the compartment.
The equipment for the various incoming and out going feeders shall be housed in a separate
compartment. Each compartment door of distribution board shall be provided with inter locking
arrangement with the handle of the respective switches/ MCCB such that the door can not be opened
unless the switches are in the off position. Vertical cable entry shall be provided on each section of the
distribution board for cabling purpose. Continues bus bar of copper shall be provided at the bottom
along the entire length, cable compartment with concealed hinged front door will be fully segregated
from the main horizontal/ vertical bus bar of equipment module. The distribution board shall be painted
with a suitable enameled shade after necessary primary treatment. The distribution board shall be
suitable for operation on 415 volts 3 phase 50 cycles per second A.C. supply system.
Bus Bar: - The hi gh conducti vity copper bus bar provided in the chambers shall be
duly tinned and insulated and rigidl y suppor ted at the short intervals by strong
12mm thick non inflammable hylam parti tions. The partitions shall be so
designed so as to with stand the stress, which can nor mall y occur on short
circuits. Further, The bus bars and links shall be of flat copper dully tinned so
that the contract between bus bars s hall be easily accessible from front for any
connections and ins pection etc.
The bus bars chamber should have of strong metal having no possibility of any dents, due to accidents
and damage, which could result into electrical fault. Bus bars chamber shall be of unit type construction
and have standard flanges opening at the top and bottom on both side so that any modification,
extension can be easily effected at the site.
Test Certificate: - A test certificate from the manufacturer shall be handed over to the department
before installation of the panel specifying that the panel conform to relevant ISS/ PWD specifications.
Wiring Diagram: - After completion of the work complete diagram showing connections to the
various equipment on the board is to be prepared by the contractor and to be submitted to the
department along with final bill of the work. In case contractor fails to supply the diagram amount @
0.5% of the work executed shall be deducted from the contractor’s final bill.
Connection: - Inter connections from bus bar chamber to the different molded case circuit breaker / air
circuit breaker should be through solid copper bars of the required capacity duly tinned and insulated
for which no extra payment will be made.
5 PVC wires ( Copper condutor) (ISI Grandlay, Havell's, Kalinga, National, Plaza,
Marked) ECKO, Bonton.
7 HT-XLPE cables with AI. Conductor CCI, Gloster, Havell's,ICC, ICL, Incab, Plaza.
(ISI Marked).
8 LT-XLPE cables with AI. Conductor CCI, (Tropothen-X) Grandlay, Havell,s, Incab,
(ISI Marked). ICL, ICC, Plaza.
10 GI pipe and MS pipe (Medium) (ISI Hindustan, Jindal, Parkash, Ravindra, Tata.
Marked)
13 Enclosures (Standard Size only). Makes as per MCB's (But in case of Indo-Kopp
it will be Indo-Asian)
14 ELCB's/ RCCB's (ISI Marked). GE, Havell's , Load Stop, L&T, Siemens,
18 Ceiling fans (Double ball bearings). Bajaj, Crompton, Khaitan, Orient, Usha.
P.H. fixtures.
1. The P.H. fixtures such as seats, urinals, Cistern, Sinks etc. shall be of reputed manufacturers
such as Hindware, Periware etc. shall be used. Preferably Hindware will be used.
2. The G.I. pipe to be used of ‘B’ Class of reputed manufacturers such as Tata/Jindal. The
weight of pipe per meter shall be as per recommendation of the manufacturers.
3. The P.V.C. pipes shall be I.S.I. marked and reputed brand such as Finolex, Prince & Supreme
etc.
4. The other fixture of C.P. brass as mentioned in the Schedule shall be I.S.I. marked or of
reputed manufacturers such as Jaguar /Marc or equivalent duly approved by Engineer-In-
Charge.
5. The item of H.C.I. as mentioned in the Schedule shall be as per Haryana P.W.D.
Specification.
6. In this contract schedule of rates only essential portion of items has been written, for Public
Health item, but it will deem to cover only the entire items as fully described in Haryana
PWD Schedule of Rates - 1988.
7. The Engineer-in-Charge shall be entitled to order against any item of work shown in this
contract schedule of rates here-in-after called the “Schedule” to any extent and without any
limitation what-so-ever required in his opinion for the purpose of work irrespective of the fact
that the quantities are omitted altogether in the schedule to be carried out.
1. The work will be carried out strictly in accordance with the PWD Book of
specification addition 1990, which will form a part and parcel of this contract
agreement.
2. In this contract schedule of rates only essential portion of item has been written, but it will deem
to cover the entire items as fully descry bed in Haryana PWD schedule of rates-1988.
3. The Engineer-in-Charge-in-charge shall be entitled to order work against any item of work shown
in this contract schedule of rates hereinafter called the schedule, to any extent and without any
limitation where ever as may be required in his opinion for the purpose of work, Irrespective of
the fact that the quantities are omitted all together in the schedule or are shown more or less than
the work ordered to be carried out.
4. The rate for any item of work not provided in the Haryana PWD schedule of rates 1988 but
executed at site will be decided by the competent authority and the decision will be binding upon
the contractor.
5. All the items in this contract schedule or rates are subject to the footnotes given in the Haryana
PWD schedule or rates of rates 1988 regarding these items.
6. Approximate quantities are given in this contract schedule of rates and may vary at the time of
execution of works. The payment will however be made for the actual work done by the
contractor. No extra claims whatsoever will be admissible to the contractor on account of v
variation alternation or deletion of any items over the quantities depicted in this contract schedule
of rates.
7. All amendments issued on the Haryana PWD Schedule of Rates-1988 upto the date of opening of
tenders will be applicable on the contract schedule of rates.
8. The contractor will have to make his own arrangement of bricks.
9. Any other items not included in this contract schedule of rates and got done at site of work will be
paid according to Haryana PWD schedule of rates 1988 accepted in the allotment letter approval
issued by the competent authority against this agreement.
10. No claim will be entertained from the contractor in case of any omission in description rates or
unit which might have occurred in any of these items taken in this schedule while comparing this
schedule or on account of typing comparison or overwriting in case of any error the same shall be
rectifiable at any stage as per Haryana PWD schedule of rates 1988 alongwith the amendments on
the same received from time to time.
11. The premium should be quoted above or below the contract schedule of rates and no condition
should be given in case any condition is tendered this will be considered as Null and void and
only the premium or discount quoted by the tenderer shall be accepted in case any tenderer
refuses to accept this his earnest money will be forted.
12. The contractor shall submitted the test certificate if the steel brought by him to site of work also
the sample of steel may be got tested by the Engineer-in-Charge. The steel shall be ISI marked.
SECTION-6
FORM OF BID
FORM OF BID
Description of the Works:
___________________________________________________________________________
To :
Address :
1. We offer to execute the Works described above and remedy any defects therein in conformity
with the conditions of Contract, specification, drawings, Bill of Quantities and Addenda for the
sum(s) of
_____________________________________________________________________
( _________________________________________________________________ )
2. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably possible
after the receipt of the Engineer-in-Charge’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.
Address
_____________________________________________________________________
Witness
_____________________________________________________________________
Address
_____________________________________________________________________
Occupation
_____________________________________________________________________
SECTION-7
BILL OF QUANTITIES
BILL OF QUANTITIES
Preamble
1. The Bill of Quantities 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-in-Charge
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-in-Charge may fix within the terms of the
Contract.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as it is
otherwise provided under the Contract, include all constructional plant, labour, supervision,
materials, erection, maintenance, insurance, profit, taxes cess and duties, together with all general
risks, liabilities and obligations set out or implied in the Contract.
5. The cost of Items against which the Contractor has failed to enter a rate or price shall be deemed
to be covered by other rates and prices entered in the Bill of Quantities.
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 Items of Work.
7. General directions and descriptions of work and materials are not necessarily repeated or
summarized in the Bill of Quantities. References to the relevant sections of the contract
documentation shall be made before 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 of Haryana PWD (B&R)
9. Errors will be corrected by the Employer for any arithmetic errors pursuant to Clause 29 of the
Instructions to Bidders.
10. Rock is defined as all materials which, in the opinion of the Engineer-in-Charge, 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 kw with a single
rear mounted heavy duty ripper.
DNIT for Providing and Fixing of Fire Fighting System in Girls Hostel in the
campus of Ch. Ranbir Singh University at Jind in Jind Distt.
Approximate Amount: Rs. 10.27 Lacs Date of tender:
In In words
figure
1 2 3 4 5 6
1. Any items of work not provided in the contract schedule of rates if required to be executed
will be paid as per Haryana PWD schedule of rates 1988 plus ceiling premium as applicable
in DNIT subject to the premium tendered by the contractor. In case of non schedule item,
these will be paid by the Engineer-in-Charge based on market rates of that time after getting
approval from the competent authority and will be binding upon the contractor.
2. The work will be carried out strictly in accordance with the PWD book of specification 1990
edition and that will form part and parcel of this contract agreement.
3. The Engineer-in-charge shall be entitled to order work against any item or work shown in this
contract schedule of rates hereinafter called the “Schedule” to any extent and without any
limitation whatsoever as may be required in his opinion for the purpose of work irrespective
of the fact the quantities are omitted altogether in the “Schedule” or shown more or less than
the work ordered to be carried out.
4. In this contract schedule of rates only essential portion of items has been written, but it will
deem to cover the entire items as fully described in Haryana PWD schedule rates 1988 till the
date of opening of tender and will be applicable on this contract schedule of rates.
5. All the items in this contract schedule of rates 1988 subject to the foot notes given in the
Haryana PWD schedule of rates 1988 till the date of opening of tender and will be applicable
on this contract schedule of rates.
6. Approximate quantities are given in this contract schedule of rates and may very at the time
of execution of works done at site by the contractor.
7. The condition regarding this agreement of bricks & tiles by the departments be accepted &
tagged with this condition is liable or rejection will be issued from the department. The bricks
will be arrangement by the contractor himself.
8. All amendments issued to the Haryana PWD schedule of rates will be applicable on the
contract schedule of rates.
9. As and when contractor gives condition that arrangement of water shall be made by the
department, it shall be deemed that all the charges incurred thereon shall be borne by the
department and recovery on the total work done shall be made from him.
10. No claim will be entertained from the contractor in case of any mistake in description, rate or
unit occurred on account of typing or comparison or over sight. If there is any mistake, the
same shall be rectifiable by the Engineer-In-Charge at any stage as per Haryana PWD
schedule of rates 1988 and all the amendments received from time to time.
11. The premium should be quoted above or below the contract schedule or rates and no
condition should be given. In case any conditions is tendered, this will be considered as null
and void and only the premium or discount quoted by the tenderer small be accepted. In case
any tendered refused to accept the above afterwards, his earnest money will be forfeited.
13. Rate to be quoted by the contractor for each N.S. item for complete job including all taxes,
carriage etc. Nothing extra on any account shall be paid.
14. The payment will be made according to the actual work done by the contractor.
15. Towel rails and bottle traps will be fitted after written approval of Engineer-in-Charge.
SECTION-8
SEALED with the Common Seal of the said Bank this _____________ day of ___________, 20____.
(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 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;
(c) does not accept the correction of the Bid Price pursuant to Clause 27.
We undertake
to pay to the Employer up to the above amount upon receipt of his first written demand, without
the Employer having to substantiate his demand, provided that in his demand the Employer will
note that the amount claimed by him is due to him owning to the occurrence of one or any of the
three conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date _______________________** days
after the deadline for submission of Bids as such deadline for submission of Bids as such deadline
is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee should reach
the Bank not later than the above date.
__________________________________________________________________________________
[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. Date should be inserted by the Employer
before the Bidding documents are issued.
To
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security
for compliance with his obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on behalf
of the Contractor, up to a total of ___________________________ [amount of guarantee]*
_______________________ (in words), such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first
written demand and without cavil or argument, any sum or sums within the limits of
_____________________________ [amount of guarantee] as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder 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.
* An amount shall be inserted by the Guarantor, representing the percentage the Contract Price
specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
To
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 Contractor] (hereinafter called “the Contractor”) shall deposit with
__________________________ [name of Employer] 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 further agree that no change or addition to or other modification of terms of the Contractor or
Works to be performed thereunder or of any of the Contract documents which may be made
between _______________________ [name of Employer] and the Contractor, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under
the Contract until _______________________________ [name of Employer] receives full
repayment of the same amount from the Contractor.
Yours truly,
* An amount shall be inserted by the Bank or Financial Institution representing the amount of the
Advance Payment, and denominated in Indian Rupees.
(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).
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 constructions 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 the
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 an accepted by the Employer as security are absolutely the Contractor’s own propriety and
free from encumbrances of any kind and the contractor will not make any application for or
receive a further advance on the security of materials which are not absolutely his own
property and free from encumbrances of any kind and the Contractor indemnified the
Employer against all claims to any materials in respect of which an advance has be made to
him as aforesaid.
(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-in-Charge.
(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-in-Charge 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
_________________________(Date)
To
______________________________ (Name and address of the Contractor)
______________________________
______________________________
Dear Sirs,
This is to notify you 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 Bidders¹ is hereby accepted by our
agency.
We accept/ do not accept that __________________ be appointed as the Adjudicator² . 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 21 days of the receipt 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.
Your faithfully,
Authorized Signature
Name and title of Signatory
Name of Agency
¹ 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.
² To be used only if the Contractor disagrees in his Bid with the Adjudicator proposed by the
Employer in the “Instructions to Bidders”.
_________________________(Date)
To
______________________________ (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._________________________________________________________.
You are hereby instructed to proceed with the execution of the said works in accordance with the
contract documents.
Your faithfully,
Agreement
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the conditions of contract hereinafter referred to and they shall be deemed to
form and be read and construed as part of this Agreement.
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) Contractor’s Bid
iv) Condition of Contract: General and Special
v) Contract Data
vi) Additional condition
vii) Drawings
viii) Bill of Quantities and
ix) Any other documents listed in the Contract Data as forming part of the Contract.
In witnessed whereto the parties there to have caused this Agreement to be executed the day and
year first before written.
UNDERTAKING
_____________________________________
(Signed by an Authorised Officer of the Firm)
____________
Title of Officer
___________
Name of Firm
______
DATE
SECTION-9
DRAWINGS
Drawings can be seen in the office of in the office of Deputy General Manager,
Haryana State Roads & Bridges Development Corporation Ltd., PWD B&R office
building, Jind.
1. 2. 3. 4.
5. 6. 7. 8.
SDE/JERemarks
Deputy General Manager
13. 14.
14. Tenderers are advised to visit the site sufficiently in advance of the date fixed for
submission of the tender. A tenderer shall be deemed to have full knowledge of all the
relevant document/samples and site etc. whether he inspects them or not.
15. The acceptance of the tender will rest with the Employer who does not bind himself to
accept the lowest tender and reserves to himself the authority to reject any or all the
tenders received without assigning any reasons.
16. Deleted
17. Deleted
18. The liquidated damages can be deferred/reduced/waived (whole or part) by the SE concerned
for contract(s) upto Rs.1.00 cr., M.D., HSRDC from Rs.1.00 cr. to Rs.10.0. cr. and M.D.,
HSRDC for contract(s) above Rs.10.00 cr. This will be done on the written request of
the contractor and written recommendations of DGM/SE as the case may be.
19. Upon completion and before offering the work for acceptance, the contractor shall remove
all false work, excavated and useless materials, rubbish, temporary building constructed by
him and shall leave the site and adjacent area in a neat and clean condition to the entire
satisfaction of the Engineer-in-Charge. The Engineer-in-Charge, reserves the option to take
away any item of work or any part there of at any time during the currency of the contract
and reallocate it to any other agency with due notice to the contractor without liability of any
kind or payment of any compensation. Extra amount if incurred will be recovered from the
agency.
20. The contractor has to make his own arrangements for water, bricks, wood and every item
required directly or indirectly for completion of work.
22. In case of emergency the Contractor shall be required to pay his labour every day and if this
is not done, the Engineer-In-Charge will make the requisite payment and recover the same
from the contractor.
23. Actual quantities of completed and accepted work shall only be paid.
24. No pits shall be dug by the contractor near the site of work or within Govt. land for taking
out earth for use on the works. In case of default the pits so dug will be filled in by the
department at the cost of the contractor plus fourteen percent departmental charges.
25. The rates to be quoted by the contractor shall be inclusive of octroi terminal tax, royalty, cess
and all other taxes and charges. These are for complete work in all respects
26. The Contractor shall not be entitled for any payment on account of work done untill he signs
the agreement.
27. Nothing extra shall be paid for any lead and if unless otherwise specified for any material
required directly or indirectly and the rates to be given in the tender shall include all leads in
the contract schedule.
28. The Contractor shall be responsible for any /all losses of material, damage done to unfinished
work as a result of floods and other acts of God. The Govt. will not be responsible for any
compensation as a result of such damage or loss to the Contractor and the Contractor shall be
liable to set right such damage at his own cost to the satisfaction of the Engineer-in-Charge.
29. The royalty, sales tax, cess and any other taxes, if any shall be paid by the contractor direct to
the respective department in accordance with their rules and regulations in force from time to
time without intervention of the Public Works Department.
30. Amount of work may be increased or decreased and any item committed and substituted in
accordance with the requirement of the department and no claim on this amount shall be
entertained. The contractor will have to complete the whole building as per architectural
plans submitted by the Architect Consultant of this project i.e. M/s Bhargava &
Associates, 7, Siri fort, New Delhi.
31. Contractor shall be responsible to provide to the entire satisfaction of the Engineer-in-Charge
at his own expenses the following amenities for the labour employed by him.
32. The contractor shall be responsible for housing, sanitation and medical treatment of laborers
employed by him and shall abide by all the rules and regulations made by Govt. in this
behalf from time to time.
33. For Contractor’s labour regulations, fair wage clause, and rules for protection of health and
sanitation arrangements for workers employed by the public works department or its
contractor’s reference be made to chapter 7, 8 and 9 respectively.
35. Apprentice Act- The Contractor shall comply with the provisions of the Apprentice Act,
1961 and the rules and orders issued there-under from time to time. If the Contractor fails to
do so his failure will be breach of the contract the Employer may at his discretion cancel the
contract. The Contractor shall also be liable for any peculiary liability arising on account of
any violation by him of the provision of the Act.
36. If during the execution of the work, the contractor will engage imported labour, he shall
immediately inform the local health authorities entrusted.
37. Imported labour means Labour belonging to a state other than Haryana State.
38. All material left at site by the contractor for a period of more than one month after the
completion of work shall become the property of the public works department and
Contractor shall have no claim whatsoever for such material.
39. The Contractor shall maintain at site of work full details of specification of the work fixed by
the Engineer-in-Charge and approved drawing of the work.
40. Nothing extra shall be paid to the Contractor for diversion of water in the channels stream if
it becomes necessary for the execution and completion of the work.
41. The Contractor will not have any claim in case of delay by the Department for removal of
tree or shifting, raising, removing of telegraph, telephone or electric lines (Over head or
under ground) and other structure, if any, which comes in the way of the work.
42. The items rate should be quoted by the Contractor and no condition should be given. In case
any condition is tendered this will be considered as null and void and only item rates quoted
by the tenderer shall be accepted. In case any tenderer refuses to accept this his earnest
money will be forfeited.
The Contractor shall comply with all legal orders and directions given from time to time by
any local or public authorities and shall pay out of his own money the fees or charges to
which he may be liable.
(iii) The contractor shall furnish written information to the Engineer-in-Charge stating the
original source of supply and dates of manufactures of all materials manufactured away from
the actual site of work. The information shall be furnished at least two weeks (or such other
period as may be directed by Engineer-in-Charge in advance of the incorporation of any such
materials in the works.
(iv) Any work done or materials used without supervision or inspection by the Engineer-in-
Charge/Departmental Representative is liable to be ordered to be removed and replaced at
the contractor’s expenses.
(v) If so directed the Contractor shall at any time before the acceptance of the work, remove or
uncover such portion of the finished work as may be directed. After examination, the
contractor shall restore the said portion of the work to the standards required as per
specifications. The work shall not be considered to have been completed in accordance with
the terms of the contract until the Engineer-in-Charge-in-charge shall have certified in
writing that it has been completed to his satisfaction. No approval of materials or
workmanship or approval of part of the work during the progress of execution shall bind the
Engineer in any way or effect his power to reject the work when alleged to be completed or
to suspend the issue of his certificate of completion until such alterations or modifications or
reconstructions have been affected as shall enable him to certify that the work has been
completed to his satisfaction.
(vi) The inspection of the work or materials shall not relieve the Contractor any of his obligation
to fulfill the terms of the contract as herein prescribed by the plans and specifications.
(vii) Failure to reject any defective work or material will not in any way prevent later rejection
when such defect is discovered or obligate the department to make final acceptance.
46. Canvassing in connection with a tender in any form renders the tender liable to rejection.
47. If there are varying or conflicting provisions made in any documents forming part to the contract the
accepting authority shall be the decision authority with regarded to the intension of the documents.
48. If, however, the contractor seeks to some assistance from the department in connection with arranging
water/electric connection from the public utility service authorities for the purpose of Govt. work such
assistance only to the extent of writing a letter from the Engineer-in-Charge to the authority
concerned for giving such connection may be provided. All charges etc. shall be borne by the
contractor.
50 The defect liability period shall be one years from the date of completion in case of original
works. For maintenance and S/R works, defect liability period will be one year and re-painting
/white wash/snowcem/distempering will not be required. The date of completion shall be
considered as the date certified by the Engineer-In-Charge.
50.1 The Engineer shall give notice to the contractor of any defects before the end of the effects
Liability-cum-Maintenance Period. The Defects Liability-cum-Maintenance period shall be
extended for as long as defects remain to be corrected.
50.2 The Contractor shall correct the notified Defect / Defects within the length of time as specified
by the Engineer’s, notice.
50.3 The contractor will be fully responsible for the quality and workmanship of the works executed
by him. The liability on account of shortcomings in executed items found by any investigating
agency during the defect liability period or afterwards shall be born by the agency.
50.4 The Contractor shall do the routine maintenance of building to the required standards in the
manners as per Haryana PWD specifications latest edition, DNIT, agreement conditions and keep
the whole building in defect free condition during defect liability period as defined above.
50.5 The routine maintenance standards shall meet the following minimum requirements to the entire
satisfaction of Engineer-in-charge.:-
i) Plaster work and flooring work to be repaired soon after these appear or brought to his
notice either during contractor’s monthly inspection or by the Engineer or otherwise.
Repair shall be carried out in a manner which does not affect the aesthetics.
ii) Defective joinery such as door, window, cup-board shutters, chowkhats, wire gauge,
glass panes, fitting, fixtures etc. to be rectified / replaced immediately after the defects
appear.
iii) Any structural damage / fault / defect to be rectified to the satisfaction of Engineer-In-
Charge as soon as the same appears.
iv) Defective or incomplete/improper white washing / colour washing, distempering,
painting etc. to be rectified immediately on notice by the Engineer-in-charge.
v) All rain water pipes, sun-shades and the like components to be inspected every
fortnightly and cleaned as and when required.
vi) Leakage of water of any kind in the building to be set right immediately on priority.
vii) All electrical / Public Health installations including wiring, pipelines etc. made in the
building to be repaired / rectified / replaced as soon as any defect has appeared / notice.
viii) The agency shall make good all the items / works damaged during the repair being done
by him and bring the same in original form.
ix) Any other maintenance operation required to keep the building use worthy at all the time
during the maintenance period.
x) He shall maintain a register in the building for daily recording the defects, damages,
shortcomings noticed by user and address the problem within three days or else he will
approach the Engineer-in-charge for extension of this time.
(i) No Claim for Excess Consumption of material other than those specified shall be entertained by the
department.
B. FOR SHORT CONSUMPTION OF CEMENT
(i) Upto 5%, the recovery of cost of material thus saved shall be made from the contractor at the base
price as applicable on the date of tender.
(ii) Less consumption by more than 5% (i.e. above 5 %) the rates of items of work involved shall be
reduced. If it is not possible to determine the exact items on which less material has been used, the
cost of the material so saved shall be recovered from the contractor at double the issue rate. The DGM
reserves the right to take any other deterrent action which he deems fit against the contractor. It shall
be at the discretion of the department to determine whether the stability of the structure is affected
adversely due to less consumption of materials and in case it is felt that it is likely to be so, the DGM
-in-charge shall reject the work and the decision of Superintending Engineer in such matter shall be
final.
55 No claim of any kind what-so-ever shall be entertained for any and all the losses or damages to the
contractor due to the completion of the work getting delayed due to the failure or delay on the part of
the public works department under the terms and conditions of the contract.
56. The contractor shall supply at his own cost and expenses all labour materials etc. for labour and
checking of any portion of the work during construction. Whosesoever required by the Engineer-in-
Charge or his representative and nothing extra shall be paid for same.
57. Occupation of Additional Lands:
58 No claim by the contractor for additional payment will be allowed on the ground of any
misunderstanding or misapprehension in respect of any such matter or otherwise on the ground of any
allegation or fact that incorrect information was given to him by any person whether in the employ of
the Govt. or not or of the failure on his part to obtain correct information nor shall the contractor be
relieved from any risk or obligations imposed on or undertaken by him under the contract on any such
ground or on the ground that he did not or could not fore-see any matter which may in fact, effect or
have affected the execution of the work.
59. During the absence on work of the Engineer-in-Charge he shall be represented by one of his
subordinate whose duties are to watch and supervise the works, to test and examine any materials to
be used or workmanship employed to ensure that the works are performed in conformity with the
plans, estimates and specifications in all respects and to keep Engineer-in-charge informed of the
progress of the works and the manner in which they are done. The Engineer-in-charge may from time
to time delegate any of the powers and authorities vested in him to the departmental representative in
writing.
60. The Departmental representative shall have no authority to alter or waive the provisions of plans and
estimates and specifications or to relieve the contractor or any of his duties or obligations under the
contract. He shall however, have the authority to inform the contractor in writing to replace any
materials considered defective and to suspend, to do, or rectify the work improperly performed or not
according to plans and estimates or specifications in his judgment and the contractor shall comply.
61. Failure of the Departmental Representative to disapprove any work of materials shall not prejudice
the power of the Engineer-in-Charge thereafter to disapprove such work or materials and to order the
pulling down, removal or breaking up thereof. If the contractor shall be dissatisfied by reason of any
decision of the Departmental representative, he shall be entitled to refer the matter to the Engineer-in-
Charge. Who shall thereupon confirm or reverse such a decision.
62. The contractor shall also inform the Engineer-in-Charge in writing when any portion is ready for
inspection giving him sufficient notice to enable him to inspect the same without retarding the further
progress of the work.
63. Unless otherwise provided in the contract document materials such as rubble, gravel sand, murrum,
kankar earth, soil, etc. obtained from excavation and materials obtained by dismantling any existing
structures shall remain the property of the Government.
64. Any tress branches, bushes, crops etc. which may be required to be cut during the execution of the
work shall be handed over to the Public Works Department or disposed of as directed.
65. The contractor will submit the design of temporary structure scaffolding to department in advance
without any cost. The contractor will remain responsible for design and safety of scaffolding
irrespective of approval by the Engineer-in Charge
66. The contractor shall use canal water for construction of building or water from any other sources as
approved by the Engineer-in-Charge. Water should be got tested at regular intervals i.e. maximum of
2 (two) months from the laboratory approved by the Engineer-in-Charge and no extra cost will be
paid for the same. Water to be used shall meet latest IS standard as per IS 456/other relevant codes.
1. Short Title
These regulations may be called Haryana Public Works Department Contractor’s Labour
Regulations.
2. Definition
In these regulations, unless otherwise expressed or indicated the following words and
expressions shall have the meaning hereby assigned to them respectively that is to say :
(1) Labour means workers employed by a Public Works Department contractors directly or
indirectly through a sub-contractor or other persons of by an agent on his behalf.
(2) Fair wages means, whether for item or place work, notified at the time of inviting tenders for
the work and where such wages have not been so notified the wages prescribed by the Public
Works, Department for the district in which the work is done.
(3) “Wages” shall have the same meaning as defined in the payment of Wages Act 1936 and
includes time and place rate wages.
The contractor shall before he commences his work on contract display and correctly
maintain & continue to display and correctly in a clean and legible condition in conspicuous
places on the work notice in English and in the Local Language spoken by the majority of the
Workers giving the fair wages notified or prescribed by the Haryana Public Works Department
and the hours of work for which such wages are earned.
4. Payment of Wages
(i) The contractor shall fix the wage periods in respect of which the wages shall be payable.
(iii) Wages of every workman employed on the contract shall be paid before the expiry of ten
days after the last day of the wage period in respect of which the wages are payable.
(iv) When the employment of any worker is terminated by or on behalf of the Contractor, the
wages, earned by him shall be paid before the expiry of succeeding the one on which his
employment is terminated.
(i) The contractor shall maintain a wage book of each worker in such form as may be convenient
but the same shall include the following particulars
(d) Total amount payable for the work during each wage period.
(e) All deductions made from the wages with an indication in each case of the ground for
which the deduction is made.
(ii) The contractor shall also maintain a wage slip for each worker employed on the work.
(iii) The authority competent to accept the contract may grant an exemption from the maintenance
of Wages book and Wage Slips to a contractor who in his opinion may not directly or
indirectly employ more than 100 persons in the work.
(1) The wages of a worker shall be paid to him without any deduction of any kind except the
following :
(a) Fines.
(b) Deductions for absence from duty i.e. from the place or places where by the terms of his
employment he is required to work. The amount of deduction shall be in proportionate to
the person for which he was absent.
(c) Deductions for damage to or loss of goods expressly entrusted to the employed person for
custody or for loss of money for which he is required to account where such damage or
loss is directly attributable to his neglect or default.
(d) Any other deductions which the PWD may from time to time allow.
2.) No fine shall be imposed on a worker and no deduction for damage or loss be made from his
wages until the worker has been given an opportunity of showing cause against such fines or
deductions.
3.). The total amount of fine which may be imposed in any one wage period on a worker shall not
exceed an amount equal to 50 paisa in a rupee of the wage payable to him in respect of that
wage period.
4.) No fine imposed on any worker shall be recoverable from him by installments or after the
expiry of 60 days from the date on which it was imposed.
1. The contactor shall maintain a register of fine and of all deductions for damage or loss such
Register shall maintain the reason for which fine was imposed or deduction for damage or
loss was made.
2. The contractor shall maintain, a list in English and local Indian Language clearly defining acts
and commissions for which penalty of fine can be imposed. He shall display such list and
maintain it in a clean and legible condition in conspicuous places on the work.
9. Preservation of Books
The wage book, the wage slips and the Register of lines, deductions required be maintained under
these regulations shall be preserved for 12 months after the date of last entry made in them.
The Labour Welfare Officer or any person authorized by the Government on their behalf shall
have power to make enquiries with a view to ascertaining and enforcing due and proper
observance of the wage clause and provisions of their regulations. He shall investigate into any
complaint regarding the default made by the Contractor or sub-Contractor in regard to such
provisions.
The Labour Welfare Officer or any other person authorized aforesaid shall submit a report of the
result of his investigations enquiry to the DGM concerned indicating the extent, if any, to which
the default has been committed and the amount of fine recoverable in respect of the acts or
commission and omission of the labourer with a note that necessary deduction from contractor’s
will be made and the wages and other dues be paid to the labourers concerned.
Any person aggrieved by the decision and recommendation of the Labour Welfare Officer or
other person so authorized may appeal against decision to the Labour Commissioner but subject
to such appeal the decision of the officer shall be final and binding upon the Contractor.
12A- No party shall be allowed to be represented by a lawyer during any investigation, enquiry appeal
or any other proceedings under these regulations.
The contractor shall allow inspection of the Wage Book. Wage Slips to any of his workers or to
his agent at a convenient time and place after due notice is received, or to the Labour Welfare
Officer or any other person authorized by the Haryana Government in his behalf.
The contractor shall submit periodical as may be specified from time to time.
15. Amendment
The Haryana Government may, from time to time and to amend these regulations, the decision of
the Labour Commissioner, Haryana Government or any other person authorized by the Haryana
Government in that behalf shall be final.
CHAPTER-8
III-FAIR WAGES CLAUSES
(a) The Contractor shall pay not less than the fair wage to labourers engaged by him on the
work.
EXAMINATION :- Fair Wage’ means wage whether for time of piece work
notified from ti me to time for the area and where such wages have not
been so notified the wages specified by the Public Wor ks (B&R) Deptt.
Har yana for the district in which the wor k is done.
(b) The Contractor shall not withstanding the provisions of any agreement to the contrary,
caused to be paid fair wages to labour, indirectly engaged on the work including any
labour engaged by his sub-contractors in connection with the said work, as if the
labourers had been directly employed by him.
(c) In respect of labour directly or indirectly employed on the works for the performances of
the contractor’s part on this agreement the contractor shall comply with or cause to be
complied with the Haryana PWD Contractor’s Labour’s Regulations made by the
Government from time to time in regard to payment of wages wage period deductions
from wages recovery of wages not paid and deductions unauthorized made maintenance
of wage register wage book, wage slip, publication of wages and other terms of
employment inspection and submission of periodical returns and all other matters of a
lime nature.
(d) The DGM or Sub Divisional Engineer concerned shall have the rights to deduct, from the
moneys due to the Contractor, any sum required or estimated to be required for making
good the loss suffered by a worker or workers by reason of non-fulfillment of the
conditions of the contract for benefit of the workers, non payment of wages or deductions
made from his or their wages, which are not justified by terms of the contract for non
observance of the regulations referred to in clause (c) above.
(e) Vis-à-vis the Haryana Government, the Contractor shall be primarily liable for all
payments to be made under and the observance of the regulations aforesaid without
prejudice to his right to claim indemnity from his sub Contractors.
(f) The regulations shall be deemed to be a part of this contract and any branch there shall be
deemed to be branch of this contract.
Rules for the Protection of Health and Sanitary Arrangements for Workers Employed by the
Haryana Public Works Department or its Contractors
The Contractor shall at his own expense provide or arrange for the provision of foot wear for any
labour doing cement mixing work (the Contractor has undertaken to execute under this contract)
to the satisfaction of the Engineer – in – charge and on his failure to do so Government shall be
entitled to provide the same and recover the cost thereof from Contractor.
The Contractor shall submit by the 4th and 19th of every month to the DGM a true statement
showing in respect of the second half of the proceeding month and the first half of the current
month respectively (i) the number of labourers employed by him on the work (ii) their working
hours (iii) the wages paid to them (iv) the accident that occurred during the said forthright
showing the circumstances under which they happened and the extent of damage and injury
caused by them and (v) the number of female workers who have been allowed Maternity benefit
according to clause 19-F and the amount paid to them failing which the Contractor shall be liable
to pay to Government a sum not exceeding Rs. 50/- for each default or materially incorrect
statement. The decision of the DGM shall be final in deducting from any bill due to the contractor
the amount levied as fine.
Maternity benefit for female workers employed by the Contractor, leave and pay during leave
shall be regulated as follow: -
1. LEAVE (i) in case of delivery/maternity leave not exceeding 8 weeks (4 weeks up to and
including the day of delivery and 4 weeks following that day) (ii) in case of miscarriage : up
to 3 weeks from the date of miscarriage.
2. PAY (i) In case of delivery, leave pay during maternity leave will be at the rate of the
woman’s average daily earning calculated on the total wages earned on the day when full
time work was done during a period of 3 months immediately preceding the date of which
she gives notice that she excepts to be confined or at the rate of Rs. 12/- per day which ever is
greater.
(ii) In case of miscarriage, Leave pay at the rate of average daily earning calculated on the total
wages earned on the days when full time work was done during a period of 3 months
immediately proceeding the date of such miscarriage.
(iii) Conditions for the grant of Maternity leave :- No Maternity leave benefit shall be admissible
to a woman unless she produces a certificate of confinement and excepted delivery within 4
weeks proceeding the date on she proceeds on leave.
3. FIRST AID (a) At every work place, there shall be maintained in readily accessible place
first aid appliances including an adequate supply of sterilized dressing and cotton wools. The
appliances shall be kept in good order and in large workplaces it shall be placed under the
charge of a responsible person who shall be readily available during the working hours.
(b) All large work places where hospital facilities are not available within easy distance of the work,
first aid post shall be established and be run by a trained compo under.
(c) Where large work places are remote from regular hospital an indoor ward shall be provided with
one bed for every 250 employees.
(d) Where large work places are situated in cities, towns in their suburbs and no beds are considered
necessary owing to the proximity of city or town hospitals a suitable transport shall be
provided to facilitate removal of urgent cases to these hospitals.
These shall be provided within the precinct of every work places, Latrines and Urinals in an
accessible place and the accommodation separately for each of them shall not be less than the
following scales : -
No. of Shades
In particulars cases the DGM shall have the powers to very the scale where necessary.
The inside walls shall be constructed of masonry or some suitable heat resisting non absorbent
material and shall be cement washed inside and outside at least once a year. The dates of cement
shall be noted in register maintained for this purpose and kept available for inspection.
DISPOSAL OF EXCRETA
Unless otherwise aggranged for by the local sanitary authority arrangements for proper disposal
and a sanitary of excreta by incineration at the work place shall be made by means of a suitable
incineration approved by the Asstt. Director of Public Health or Municipal Medical Officer of
Health, as the case may be, in whose jurisdiction the work place is situated. Alternately excreta
may be disposed of by putting a layer of night soil at the bottom of pucca tank prepared for the
purpose and covering it with 9 inches layers of earth for a fortnight when it will turn into a
manure.
CRECHE:
At every work place these shall be provided free of cost two suitable sheds one main and the
other for the use of labour. The height of the shelter shall not be less than eleven feet from the
floor level to the lowest part of the roof.
At every work place at which 50 or more women workers are ordinary employed, these two huts
for use of children under the age of six years belonging to such women. One hut shall be used for
infants “Games and to play” and the other as their bed room. The hut shall not be constructed on a
lower standard then the following :-
(iii) Plants spread over mud floor and covered with mating.
The huts shall be provided with suitable and sufficient opening for light and ventilations.
There shall be adequate provision of sweepers to keep the place clean. There shall be two day
attendant. Sanitary, utensils shall be provided to the satisfaction of Health Office of the area
concerned. The use of the hut shall be restricted to children, their attendant and mothers of the
children.
CANTEEN:
A cooked food canteen on a moderate scale shall be provided for the benefit of workers where over it is
considered expedient.
(i) Suitable scaffolds shall be provided for all workmen for all works that cannot be safely
done from a ladder or by other means.
(ii) A scaffolds shall not be constructed taken down or substantially altered except.
(c) All scaffolds and appliances connected there with and ladder shall :-
1. be of sound material.
2. be of adequate strength having regard to the load and strains to which they will be subjected and.
4. scaffolds shall not be overloaded and so far as practicable, the load shall be evenly
distributed.
5. scaffolds shall be so constructed that no part there of can be displaced in on normal use.
6. Before installing, lifting gear on scaffolds special precautions shall be taken to ensure the
strength and stability of the scaffolds.
8. before allowing a scaffold to be used by the workman, every care shall be taken to see
whether the scaffolds have been erected by his workmen and steps taken to ensure that it
complies fully with the requirement of the articles.
(d) In case of working platforms gangways place and stairways at a height exceeding that
to be prescribed by a national laws and regulations :-
(i) Every working platform and every gangway shall be closely boarded unless other
adequate measures are taken to ensure safety.
(ii) Every working platform and every gangway shall have adequate width, and.
Every opening in the floor of a building or in working platforms shall except for the time and
to the extent required to allow the access of persons or the transport or shifting of
material be provided with suitable means to prevent the fall of persons or materials.
When persons are employed on a roof where there is a danger of failing from a height exceeding
that to be prescribed by national laws of regulations suitable precautions shall be a taken
to prevent the fall of persons or materials.
Suitable precautions shall be taken to prevent persons being struck by articles which might fall
from scaffolds or other working places.
1. Soft means of access shall be provided to all working platforms an other working places.
2. Every place where work is carried on the means approach there to shall be adequately lighted.
3. Every ladder shall be securely fixed of such length as to provide secure hand held and foot at
every position at which it is used.
5. No material on the site shall be so stacked or placed as to cause danger to any person.
(1) All necessary personal safety equipment shall be kept and available for use of the
persons employed on the site be maintained in condition suitable for immediate use.
(2) The worker shall be required to use the equipment thus provided and the employed
shall take adequate steps to ensure proper use of the equipment by these concerned.
Adequate provision shall be made for prompt first aid treatment of all injuries likely to be
sustained during the course of the work.
1. The above rates are for complete work including cost of all materials, labour, tools and plants
and water etc. unless or otherwise specified.
2. All other items covered by the Haryana PWD schedule of rates 1988, 2nd edition corrected upto
date and got carried out, if any will be paid for as per Haryana PWD schedule of rates 1988, 2nd
edition corrected upto date subject to the accepted tendered Premium / abatement given by the
contractor for similar item of relevant chapter.
3. All clauses and notes given in the Haryana PWD schedule of rates 1988 2nd edition with upto
date correction slips issued upto the date of tender shall be applicable to all above items
wherever necessary.
4. The description, rates, units, etc. of above schedule shall be corrected as per Haryana PWD
schedule of rate 1988, 2nd edition in case of any error or omission.
5. Chapter numbers with items referred to above are of Haryana PWD schedule of rates 1988 2nd
edition, corrected upto date.
6. The whole work shall be carried out strictly in accordance with the Haryana PWD
specifications book 1990 latest edition as applicable to Haryana State with upto date correction
slips.
7. No premium shall be payable on the items which are not provided in the Haryana PWD
schedule of rates 1988, 2nd edition, corrected-up-to-date.
8. Samples of all building materials, doors and windows, fittings and other articles required for
use on the work shall be got approved from the Engineer-in-Charge, Articles manufactured by
firms of repute, approved by the Engineer-in-Charge shall only be used. Only articles classified,
as First Quality by the manufactures shall be used. Articles which are not First quality shall be
rejected by the Engineer-in-Charge. Preference shall be given to those articles, which bear I.S.I.
certification mark. In case articles bearing ISI certification mark are not available, the quality of
samples brought by the contractor shall be judged by the standards laid down in the relevant ISI
specifications. All materials and articles brought by the contractor to the site of work for use
shall confirm to the samples approved, which shall be preserved till the completion of work.
Final decision to reject any material shall rest with the Engineer-in-Charge.
9. The contractor shall provide suitable measuring arrangements at site for checking of various
articles brought by him to ensure mixing in specified proportions.
10. The contractor shall provide such recesses, hole, openings etc. as directed by Engineer-in-
Charge as required for the Electrical / sanitary work and nothing shall be payable on this
account.
11. Thickness of RCC shall be measured and paid for structural sizes designed.
12. Steel used in supports, spacers and for hooks and overlaps, which are not, approved i.e. which
are not provided according to the drawing or the instructions of Engineer-in-Charge shall not be
measured for payment.
13. Where there is a provision for flush door shutters, only doors as bear the ISI certification marks
and arranged from manufacturer of good repute like Green, Duro, Jwala, Ujala, True wood,
Black Cobra shall be accepted. In case flush door shutters bearing ISI certification marks are
not available in the market, flush door shutters confirming to ISI specifications and arranged
from manufacturer of good repute shall only be accepted. They should be water proof, termite
proof and have a guarantee for 10 years for any defect liability.