The Procurement Of: Bidding Document
The Procurement Of: Bidding Document
The Procurement Of: Bidding Document
for
THE PROCUREMENT OF
Construction of Demlitar Solar Lift Irrigation Sub Project
Aiselukharka - 04, Khotang.
S.
Contract ID Estimated . Average Similar Size Bid Bid Security
N.
Amount Annual & Nature Docume Amount
(Inclusive Vat) Turnover Nrs. Nrs nt fee Nrs.
1
Project Chief
2
SECTION– I: Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet (BDS),
the Employer, as indicated in the BDS, issues this Bidding Document for the
procurement of Works as specified in Section V (Works Requirements). The name,
identification, and number of Contracts of the National Competitive Bidding (NCB)
are provided in the BDS.
1.2 Throughout this Bidding Document:
(a) the term “in writing” means communicated in written form and delivered against
receipt;
(b) except where the context requires otherwise, words indicating the singular
also include the plural and words indicating the plural also include the singular;
and
(c) “day” means calendar day.
2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget, approved by the
GoN, the implementing agency indicated in the BDS plans to apply a portion of the
allocated budget to eligible payments under the contract(s) for which this Bidding
Document is issued.
Or
Public Entities' own Resource Funded: In accordance with its annual program and
budget, approved by the public entity, the implementing agency indicated in the
BDS plans to apply a portion of the allocated budget to eligible payments under the
contract(s) for which this Bidding Document is issued.
Or
DP Funded: The GoN has applied for or received financing (hereinafter called
“funds”) from the Development Partner (hereinafter called “the DP”) indicated in
the BDS toward the cost of the project named in the BDS. The GoN intends to apply
a portion of the funds to eligible payments under the contract(s) for which this
Bidding Document is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of the GoN and upon
approval by the DP in accordance with the terms and conditions of the financing
agreement between the GoN and the DP (hereinafter called the “Loan/Grant
Agreement”), and will be subject in all respects to the terms and conditions of that
Loan/Grant Agreement. No party other than the GoN shall derive any rights from the
Loan Agreement or have any claim to the funds.
3. Fraud and 3.1 Procuring Entities as well as bidders, suppliers and contractors and their sub-
Corruption contractors under GoN/DP-financed contracts, shall adhere to the highest standard
of ethics during the procurement and execution of such contracts. In pursuance of
this;
(a) the Employer adopts, for the purposes of this provision, the terms as
defined below:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, anything of value to influence improperly the actions of
3
another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) “coercive practice” means impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more parties
designed to achieve an improper purpose, including influencing improperly
the actions of another party.
v) “obstructive practice” means (a) deliberately destroying, falsifying,
altering, or concealing of evidence material to an investigation; (b)
making false statements to investigators in order to materially
impede an investigation; (c) failing to comply with requests to
provide information, documents, or records in connection with an
investigation; (d) threatening, harassing, or intimidating any party
to prevent it from disclosing its knowledge of matters relevant to
the investigation or from pursuing the investigation; or (e)
materially impeding GoN/DP’s contractual rights of audit or access
to information; and
vi) “integrity violation” is any act which violates Anticorruption Policy,
including (i) to (v) above and the following: abuse, conflict of interest,
violations of GoN/DP sanctions, retaliation against whistleblowers or
witnesses, and other violations of Anticorruption Policy, including
failure to adhere to the highest ethical standard.
(b) the Employer will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or other integrity
violations in competing for the contract;
(c) DP will cancel the portion of the financing allocated to a contract if it determines
at any time that representative(s) of the GoN or of a beneficiary of DP-financing
engaged in corrupt, fraudulent, collusive, or coercive practices or other integrity
violations during the procurement or the execution of that contract, without the
GoN having taken timely and appropriate action satisfactory to DP to remedy the
situation.
(d) DP will impose remedial actions on a firm or an individual, at any time, in
accordance with DP's Anticorruption Policy and related Guidelines (as amended
from time to time), including declaring ineligible, either indefinitely or for a stated
period of time, to participate in DP-financed, -administered, or -supported
activities or to benefit from an DP-financed, -administered, or -supported contract,
financially or otherwise, if it at any time determines that the firm or individual
has, directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations; and
(e) The Contractor shall permit the GoN/DP to inspect the Contractor’s accounts and
4
records relating to the performance of the Contractor and to have them audited by
auditors appointed by the GoN/DP, if so required by the GoN/DP.
3.2 The Bidder shall not carry out or cause to carry out the following acts with
an intention to influence the implementation of the procurement process or the
procurement agreement :
(a) give or propose improper inducement directly or indirectly,
(b) distortion or misrepresentation of facts,
(c) engaging in corrupt or fraudulent practice or involving in such act,
(d) interference in participation of other competing bidders,
(e) coercion or threatening directly or indirectly to cause harm to the person
or the property of any person to be involved in the procurement proceedings,
(f) collusive practice among bidders before or after submission of bids for
distribution of works among bidders or fixing artificial/uncompetitive bid
price with an intention to deprive the Employer the benefit of open
competitive bid price,
(g) contacting the Employer with an intention to influence the Employer with
regards to the bids or interference of any kind in examination and evaluation
of the bids during the period from the time of opening of the bids until the
notification of award of contract.
3.3 PPMO, on the recommendation of the Procuring Entity may blacklist a Bidder for
a period of one (1) to three (3) years for its conduct including on the following
grounds and seriousness of the act committed by the bidder:
(a) if convicted by a court of law in a criminal offence which disqualifies the
Bidder from participating in the contract,
(b) if it is established that the contract agreement signed by the Bidder was based on
false or misrepresentation of Bidder’s qualification information,
(c)if it at any time determines that the firm has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practices in
competing for, or in executing, a GoN/DP-financed contract.
(d) if the successful bidder fails to sign the contract.
3.4 A bidder declared blacklisted and ineligible by the GoN, Public Procurement
Monitoring Office (PPMO) and/or the DP in case of DP funded project, shall be
ineligible to bid for a contract during the period of time determined by the GoN, PPMO
and/or the DP.
3.5 In case of a natural person or firm/institution/company which is already
declared blacklisted and ineligible by the GoN, any other new or existing
firm/institution/company owned partially or fully by such Natural person or
Owner or Board of director of blacklisted firm/institution/company; shall not be
eligible bidder.
3.6 Furthermore, Bidders shall be aware of the provisions of GCC (GCC 28.3 and 72.3(j).
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government - owned entity—
subject to ITB 4.5—or any combination of them in the form of a Joint Venture (JV)
under an existing agreement, or with the intent to constitute a legally-enforceable joint
5
venture. In the case of a JV:
(a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms. Maximum number of JV shall
be as specified in the BDS. The eligibility criteria requirement of the parties to
the JV shall be as specified in Section III Evaluation and Eligibility Criteria,
and
(b) the JV shall nominate a Representative who shall have the authority to conduct
all business for and on behalf of any and all the parties of the JV during the
bidding process and, in the event the JV is awarded the Contract, during
Contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of any
country or eligible countries mentioned in the BDS. A Bidder shall be deemed to have
the nationality of a country if the Bidder is a citizen or is constituted, or incorporated,
and operates in conformity with the provisions of the laws of that country. This criterion
shall also apply to the determination of the nationality of proposed sub Contractors or
suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a conflict of
interest shall be disqualified. if any of, including but not limited to, the following
apply:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy from any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common third parties,
that puts them in a position to have access to information about or improperly
influence on the Bid of another Bidder, or influence the decisions of the
Employer regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process either
individually or as a partner in a joint venture. This will result in the
disqualification of all Bids in which it is involved. However, subject to any finding
of a conflict of interest in terms of ITB 4.3 (a)-(d) above, this does not limit the
participation of the same subcontractor in more than one bid; or
(f) a Bidder or any of its affiliated entity, participated as a consultant in the
preparation of the design or technical specifications of the works that are the
subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is proposed to be
hired) by the Employer as Engineer for the Contract.
4.4 A firm that is under a declaration of ineligibility by the GoN/DP in accordance with ITB
3, at the date of the deadline for bid submission or thereafter, shall be disqualified. A
firm shall not be eligible to participate in any procurement activities under an DP-
financed, -administered, or -supported project while under temporary suspension or
debarment by DP pursuant to the DP's Anticorruption Policy (see ITB 3), whether such
debarment was directly imposed by the DP, or enforced by other DPs pursuant to the
Agreement for Mutual Enforcement of Debarment Decisions. A bid from a temporary
suspended or debarred firm will be rejected.
6
4.5 Enterprises owned by Government shall be eligible only if they can establish that they
are legally and financially autonomous and operate under commercial law, and that they
are not a dependent agency of the GoN.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the
Employer, as the Employer shall reasonably request.
4.7 Firms shall be excluded in any of the cases, if
(a) by an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, Nepal
prohibits any import of goods or Contracting of works or services from that
country or any payments to persons or entities in that country.
(b) DP Funded: as a matter of law or official regulation, Nepal prohibits
commercial relations with that country, provided that the DP is satisfied that
such exclusion does not preclude effective competition for the supply of goods
or related services required;
(c) DP Funded: a firm has been determined to be ineligible by the DP in
relation to their guidelines or appropriate provisions on preventing and
combating fraud and corruption in projects financed by them.
(d) If the corruption case is being filed to Court against the Natural Person or
Board of Director of the firm/institution /company or any partner of JV,
such Natural Person or Board of Director of the firm/institution /company
or any partner of JV shall not be eligible to participate in procurement
process till the concerned Court has not issued the decision of clearance
against the Corruption Charges.
5. Eligible 5.1 The materials, equipment and services to be supplied under the Contract shall have their
Materials, origin in any source countries as defined in ITB 4.2 above and all expenditures under
Equipment and
the Contract will be limited to such materials, equipment, and services. At the
Services
Employer’s request, Bidders may be required to provide evidence of the origin of
materials, equipment and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the services
are provided. Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its basic
characteristics or in purpose or utility from its components.
B. Contents of Bidding Documents
6. Sections of 6.1 The Bidding Document consist of Parts I, II, and III, which include all the
Bidding Document Sections indicated below, and should be read in conjunction with any Addenda
issued in accordance with ITB 8.
PART I Bidding Procedures
Section I Instructions to Bidders (ITB)
Section II Bid Data Sheet (BDS)
Section III Evaluation and Eligibility Criteria (EEC)
Section IV Bidding Forms (BDF)
7
PART II Requirements
Section V Works Requirements (WRQ)
Section VI Bill of Quantities (BOQ)
PART III Conditions of Contract and Contract Forms
Section VII General Conditions of Contract (GCC)
Section VIII Special Conditions of Contract (SCC)
Section IX Contract Forms (COF)
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding Document and
their Addenda, if they were not obtained directly from the source stated by the
Employer in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in
the Bidding Document and to furnish with its bid all information and documentation as
is required by the Bidding Documents. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document shall
Bidding Document, contact the Employer in writing at the Employer’s address indicated in the BDS or
Site Visit, Pre-Bid
raise any question or curiosity during the pre-bid meeting if provided for in
Meeting
accordance with ITB 7.4. The Employer will respond in writing to any request
for clarification, provided that such request is received within the period as
mentioned in ITB 7.5. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Document in accordance with ITB 6.3,
including description of the inquiry but without identifying its source. Should the
Employer deem it necessary to amend the Bidding Document as a result of a request
for clarification, it shall do so following the procedure under ITB 8 and ITB 17.2
7.2 The Bidder is advised to visit and examine the Site of Works and its surroundings and
obtain for itself, on its own risk and responsibility, all information that may be
necessary for preparing the bid and entering into a Contract for construction of the
Works. The costs of visiting the Site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury, loss of or damage
to property, and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting, if provided
for in the BDS. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage. 7.5 The Bidder is requested,
as far as possible, to submit any questions in writing, to reach the Employer as
mentioned in BDS.
7.5 The Bidder is requested, to submit any questions in writing, to reach the Employer as
mentioned in BDS.
8
7.6 Minutes of the pre-bid meeting, including the text of the questions raised, without
identifying the source, and the responses given, together with any responses prepared
after the meeting, will be transmitted promptly to all Bidders who have acquired the
Bidding Document in accordance with ITB 6.3. Any modification to the Bidding
Document that may become necessary as a result of the pre-bid meeting shall be made
by the Employer exclusively through the issue of an addendum pursuant to ITB 8 and
not through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer may amend the
Bidding Document Bidding Document by issuing agenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document from the
Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 19.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid,
and the Employer shall in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by
the Bidder and the Employer, shall be written in the language specified in the BDS.
Supporting documents and printed literature that are part of the Bid may be in another
language provided they are accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents 11.1 The Bid shall comprise the following:
Comprising the Bid
(a) Letter of Bid;
(b) completed Bill of Quantities (BoQ), in accordance with ITB 12 and ITB 13, or
as stipulated in the BDS;
(c) Bid Security, in accordance with ITB 16;
(d) written confirmation authorizing the signatory of the Bid to commit the Bidder, in
accordance with ITB 17.2;
(e) documentary evidence of establishing the Bidder’s eligibility;
(f) Bids submitted by a Joint Venture shall include a copy of the Joint Venture
Agreement entered into by all partners. Alternatively, a Letter of Intent to
execute a Joint Venture Agreement in the event of a successful Bid shall be
signed by all partners and submitted with the Bid, together with a copy of the
proposed agreement. The Joint Venture agreement, or letter of intent to enter
into a Joint Venture including a draft agreement shall indicate at least the parts
of the Works to be executed by the respective partners; and
(h) any other required documents, which is not against the provision of
Procurement Act/Regulation/Directives and Standard Bidding Document issued
9
by PPMO as specified in the BDS.
11.2 The Bidder is solely responsible for the authenticity of the submitted documents.
12. Letter of Bid 12.1 The Letter of Bid, Schedules, and all documents listed under ITB 11, shall be prepared
and Schedules using the relevant forms in Section IV (Bidding Forms) and in Section VI (Bill of
Quantities).The forms must be completed without any alterations to the text, and no
substitutes shall be accepted. All blank spaces shall be filled in with the information
requested.
13. Bid Prices and 13.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in the Schedules
Discounts shall conform to the requirements specified below.
13.2 The Bidder shall submit a bid for the whole of the works described in ITB 1.1
by filling in prices for all items of the Works, as identified in Section VI (Bill of
Quantities). In case of Unit Rate Contracts, the Bidder shall fill in rates and prices for
all items of the Works described in the Bill of Quantities. Items against which no rate or
price is entered by the Bidder will not be paid for by the Employer when executed and
shall be deemed covered by the rates for other items and prices in the Bill of Quantities.
13.3 The price to be quoted in the Letter of Bid shall be the total price of the Bid, excluding
any discounts offered. Absence of the total price in the Letter of Bid or the Bid Price in
the Bill of Quantities shall result in rejection of the Bid.
13.4 The Bidder shall quote any discounts and the methodology for their application in the
Letter of Bid, in accordance with ITB 12.1.
13.5 If so indicated in ITB 1.1, bids are invited for individual Contracts or for any
combination of Contracts (packages). Bidders wishing to offer any price reduction for
the award of more than one Contract shall specify in their bid the price reductions
applicable to each package, or alternatively, to individual Contracts within the package.
Price reductions or discounts shall be submitted in accordance with ITB 13.4, provided
the bids for all Contracts are submitted and opened at the same time.
13.6 Unless otherwise provided in the BDS and the Conditions of Contract, the prices
quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in accordance with the provisions of
the Conditions of Contract, the Bidder shall furnish the indices and weightings for the
price adjustment formulae in the Table of Adjustment Data in Section IV (Bidding
Forms) and the Employer may require the Bidder to justify its proposed indices and
weightings.
13.7All duties, taxes, and other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 30 days prior to the deadline for
submission of bids, shall be included in the rates and prices and the total bid price
submitted by the Bidder.
14. Currency of Bid 14.1 The currency of the bid and payment shall be in Nepalese Rupees.
and Payment
15. Period of 15.1 Bids shall remain valid for the period specified in the BDS after the bid submission
Validity of Bids deadline date prescribed by the Employer. A bid valid for a shorter period shall be
rejected by the Employer as nonresponsive.
15.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their Bids. The
10
request and the responses shall be made in writing. If a bid security is requested in
accordance with ITB 16, it shall also be extended 30 days beyond the deadline of the
extended validity period. A Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request shall not be required or permitted to modify its
Bid and to include any additional conditions against the provisions specified in
Bid Documents.
16. Bid Security 16.1 The Bidder shall furnish as part of its bid, in original form, a bid security as specified in
the BDS. In case of e-submission of bid, the Bidder shall upload scanned copy of Bid
security letter at the time of electronic submission of the bid. The Bidder accepts that
the scanned copy of the Bid security shall, for all purposes, be equal to the original. The
details of original Bid Security and the scanned copy submitted with e-bid should be the
same otherwise the bid shall be non-responsive.
16.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee from Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law or;
(b) a cash deposit voucher in the Employer's Account as specified in BDS.
In the case of a bank guarantee, the bid security shall be submitted either using the Bid
Security Form included in Section IV (Bidding Forms) or in another Form acceptable to
the employer. The form must include the complete name of the Bidder. The bid security
shall be valid for minimum thirty (30) days beyond the original validity period of the bid, or
beyond any period of extension if requested under ITB 15.2.
16.3 Any bid not accompanied by an enforceable and substantially compliant bid security
shall be rejected by the Employer as nonresponsive. In case of e- Submission, if the
scanned copy of an acceptable Bid Security letter is not uploaded with the electronic
Bid then Bid shall be rejected.
16.4 The bid security of unsuccessful Bidders shall be returned within three days, once the
successful bidder has furnished the required performance security and signed the
Contract Agreement pursuant to ITB 34.1and 35.1.
16.5 The bid security shall be forfeited if:
(a) a Bidder requests for withdrawal or modification of its bid, except as
provided in ITB 15.2:
(i) during the period of bid validity specified by the Bidder on the Bid, in case of
electronic submission;
(ii) from the period twenty-four hours prior to bid submission deadline up to the
period of bid validity specified by the Bidder on the Letter of Bid, in case of
hard copy submission.
(b) a Bidder changes the prices or substance of the bid while providing information
pursuant to clause ITB 24.1;
(c) a Bidder involves in fraud and corruption pursuant to clause 3.1;
(d) the successful Bidder fails to:
(i) furnish a performance security in accordance with ITB 34.1; or
(ii) sign the Contract in accordance with ITB 35.1
(iii) accept the correction of arithmetical errors pursuant to clause 28.1;
11
16.6 The Bid Security of a JV shall be in the name of the JV that submits the bid. If the JV
has not been legally constituted at the time of bidding, the Bid Security shall be in the
names of all future partners as named in the letter of intent mentioned in ITB 4.1.
17. Format and 17.1 The Bidder shall prepare one original of the documents comprising the bid as
Signing of Bid described in ITB 11 and clearly mark it ORIGINAL”. In addition, the Bidder shall
submit copies of the bid in the number specified in the BDS, and clearly mark each
of them “COPY.” In the event of any discrepancy between the original and the
copies, the original shall prevail. In case of e-submission of bid, the Bidder shall
submit his bid electronically in PDF or web forms files as specified in ITB
Clause 18.1(b),
17.2 The original and all copies of the bid shall be typed or written in indelible ink and shall
be signed by a person duly authorized to sign on behalf of the Bidder. This
authorization shall consist of a written confirmation as specified in the BDS and shall
be attached to the bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the bid, except
for un amended printed literature, shall be signed or initialed by the person signing the
bid.
17.3 Any amendments such as interlineations, erasures, or overwriting shall be valid only if
they are signed or initialed by the person signing the bid.
D. Submission and Opening of Bids
18. Sealing and 18.1 Unless otherwise specified in BDS, Bidders shall submit their bids by electronic or
Marking of Bids by mail/by hand/by courier. Procedures for submission, sealing and marking are as
follows:
(a) Bidders submitting bids by mail, by hand or by courier
i. Bidders shall enclose the original and each copy of the Bid. These envelopes
containing the original and the copies shall then be enclosed in one single
envelope.
ii. The inner and outer envelopes shall:
(aa) bear the name and address of the Bidder;
(bb) be addressed to the Employer as provided in BDS19.1;
(cc)bear the specific identification of this bidding process indicated in BDS
1.1; and
(dd) bear a warning not to open before the time and date for bid opening.
iii. If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the bid.
(b) Bidders submitting Bids electronically shall follow the electronic bid submission
procedure specified in BDS.
19. Deadline for 19.1 Bids must be received by the Employer at the address and no later than the date and
Submission of Bids time indicated in the BDS. In case of e-submission, the standard time for e-submission
is Nepalese Standard Time as set out in the server. The e-procurement system will
accept the e-submission of bid from the date of publishing of notice and will
automatically not allow the e-submission of bid after the deadline for submission of bid.
19.2 The Employer may, at its discretion, extend the deadline for the submission of bids by
12
amending the Bidding Document in accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
20. Late Bids 20.1 The Employer shall not consider any bid that arrives after the deadline for submission
of bids, in accordance with ITB 19. Any bid received by the Employer after the
deadline for submission of bids shall be declared late, rejected, and returned unopened
to the Bidder.
21. Withdrawal, 21.1 A Bidder may withdraw, or modify its bid after it has been submitted either in
and Modification of hard copy or by e-submission. Procedures for withdrawal or modification of
Bids
submitted bids are as follows:
(i) Bids submitted in hard Copy
a) Bidders may withdraw or modify its bids by sending a written notice in a
sealed envelope, duly signed by an authorized representative, and shall include
a copy of the authorization in accordance with ITB 17.2 before 24 hours
prior to the last deadline of submission of bid. The corresponding
modification of the bid must accompany the respective written notice. All
notices must be:
(aa) prepared and submitted in accordance with ITB 17 and ITB 18,and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL”, “MODIFICATION;” and
(bb) received by the Employer twenty four hour hours prior to the
deadline prescribed for submission of bids, in accordance with ITB 19.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the deadline
prescribed for submission of bids through e-GP system by using the forms
and instructions provided by the system.
21.2. Bids requested to be withdrawn in accordance with ITB 21.1 shall not be opened. In
case of hard copy submission, the Bid will be returned unopened to the Bidders.
21.3 Except in case of any modification or correction in bid document made by
procuring entity, Bidder may submit request for withdrawal or modification
only one time.
21.4 In case of hard copy bid, no bid may be withdrawn if the bid has already
been modified; except in case of any modification or correction in bid
document by procuring entity.
21.5 Request for withdrawal or modification must be made through the same medium of
submission. Request for withdrawal or modifications through different medium shall
not be considered.
21.6 The following provisions apply for withdrawal or modification of the Bids:
(i) In case of bids submitted in hard copy no bid shall be withdrawn or modified in
the interval between 24 hours prior to the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the Letter
of Bid or any extension thereof.
13
(ii) In case of e-submitted bids no bids shall be withdrawn or modified in the
interval between deadline for submission of bids and the expiration of the period
of bid validity specified by the Bidder on the Letter of Bid or any extension
thereof.
21.7 Once a Bid is withdrawn, bidder will not be able to submit another bid for the same
bid.
22. Bid Opening 22.1 The Employer shall open the bids in public at the address, date and time specified in
the BDS in the presence of Bidders` designated representatives who choose to attend.
22.2 The Employer shall download the e-submitted bid files. The e-procurement system
allows the Employer to download the e-submitted bid files (report) only after bid
opening date and time after login simultaneously by two members of the Bid opening
committee.
22.3 Electronically submitted bid shall be opened at first in the same time and date as
specified above. Electronic Bids shall be opened one by one and read out. The e-
submitted bids must be readable through open standards interfaces. Unreadable and or
partially submitted bid files shall be considered incomplete.
22.4 Thereafter, envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelope with the corresponding bid shall not be opened, but returned to the Bidder. No
bid withdrawal shall be Permitted unless the corresponding withdrawal notice contains
a valid authorization to request the withdrawal and is read out at bid opening. Next,
envelopes marked “MODIFICATION” shall be opened and read out with the
corresponding bid. No bid modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request the modification and is
read out at bid opening. Only envelopes that are opened and read out at bid opening
shall be considered further.
22.5 All other envelopes shall be opened one at a time, reading out: the name of the
Bidder; the Bid Price(s), including any discounts and alternative bids and
indicating whether there is a modification; the presence of a bid security and any
other details as the Employer may consider appropriate. Only discounts and
alternative offers read out at bid opening shall be considered for evaluation. No bid
shall be rejected at bid opening except for late bids, in accordance with ITB 20.1.
22.6 The Employer shall prepare a record of the bid opening that shall include, as a
minimum: the name of the Bidder and whether there is a withdrawal, or modification;
the Bid Price, per Contract if applicable, including any discounts and alternative offers;
and the presence or absence of a bid security. The Bidders’ representatives who are
present shall be requested to sign the record. The omission of a Bidder’s signature on
the record shall not invalidate the contents and effect of the record.
E. Evaluation and Comparison of Bids
23. Confidentiality 23.1 Information relating to the examination, evaluation, comparison, and recommendation
of Contract award, shall not be disclosed to Bidders or any other persons not officially
concerned with such process until information on Contract award is communicated to
all Bidders.
23.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids
14
or Contract award decisions may result in the rejection of its bid.
23.3 Notwithstanding ITB 23.2, from the time of bid opening to the time of Contract award,
if any Bidder wishes to contact the Employer on any matter related to the bidding
process, it may do so in writing.
24. Clarification of 24.1 To assist in the examination, evaluation, and comparison of the bids, the Employer
Bids may, at its discretion, ask any Bidder for a clarification of its bid. Any clarification
submitted by a Bidder that is not in response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the response shall be in
writing. No change in the prices or substance of the bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by the
Employer in the evaluation of the bids, in accordance with ITB 28. In case of e-
submission of bid, upon notification from the employer, the bidder shall also submit the
original of documents comprising the bid as per ITB 11.1 for verification of submitted
documents for acceptance of the e-submitted bid.
24.2 If a Bidder does not provide clarifications of its bid by the date and time set in the
Employer’s request for clarification, its bid may be rejected.
25. Deviations, 25.1 During the evaluation of bids, the following definitions apply:
Reservations, and
(a) “Deviation” is a departure from the requirements specified in the Bidding Document;
Omissions
(b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
26. Determination 26.1 The Employer’s determination of a bid’s responsiveness is to be based on the
of Responsiveness contents of the bid itself, as defined in ITB11.
26.2 A substantially responsive bid is one that meets the requirements of the Bidding
Document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works
specified in the Contract;
or
(ii) limit in any substantial way, inconsistent with the Bidding Document, the
Employer’s rights or the Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive bids.
26.3 If a bid is not substantially responsive to the requirements of the Bidding Document, it
shall be rejected by the Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.
26.4 In case of e-submission bids, the Employer evaluates the bid on the basis of the
information in the electronically submitted bid files. If the Bidder cannot substantiate
or provide evidence to establish the information provided in e-submitted bid
through documents/ clarifications as per ITB Clause 24.1, the bid shall not be
considered for further evaluation.
15
26.5 In Case, a corruption case is being filed to Court against the Natural Person
or Board of Director of the firm/institution /company or any partner of JV,
such Natural Person or Board of Director of the firm/institution /company or
any partner of JV such bidder’s bid shall be excluded from the evaluation, if
public entity receives instruction from Government of Nepal.
27. 27.1 Provided that a bid is substantially responsive, the Employer may waive any non-
Nonconformities, conformities in the bid that do not constitute a material deviation, reservation, or
Errors, and
omission.
Omissions
27.2 Provided that a bid is substantially responsive, the Employer may request that the
Bidder submit the necessary information or documentation, within a reasonable period
of time, to rectify nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such nonconformities shall
not be related to any aspect of the price of the bid. Failure of the Bidder to comply with
the request may result in the rejection of its bid.
27.3 Provided that a bid is substantially responsive, the Employer shall rectify quantifiable
nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall
be adjusted, for comparison purposes only, to reflect the price of a missing or non-
conforming item or component. The adjustment shall be made using the methods
indicated in Section III (Evaluation and Eligibility Criteria).
27.4 If the monetary value of such non-conformities is found to be more than fifteen percent
of the Bid Price of the bidder on account of minor discrepancies pursuant to ITB 27.3,
such bid shall be considered non responsive and shall not be involved in evaluation.
28. Correction of 28.1 Provided that the bid is substantially responsive, the Employer shall correct
Arithmetical Errors arithmetical errors on the following basis:
(a) only for unit price Contracts, if there is a discrepancy between the unit price and the total
price that is obtained by multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected, unless in the opinion of the Employer there
is an obvious misplacement of the decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c) If there is a discrepancy between the bid price in the Summary of Bill of Quantities and
the bid amount in item (c) of the Letter of Bid, the bid price in the Summary of Bill of
Quantities will prevail and the bid amount in item (c) of the Letter of Bid will be
corrected.
(d) if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) ,(b) and (c) above.
28.2 If the Bidder that submitted the lowest evaluated bid does not accept the correction of
errors, its bid shall be disqualified and its bid security shall be forfeited.
29. Evaluation of 29.1 The Employer shall use the criteria and methodologies listed in this Clause. No other
Bids evaluation criteria or methodologies shall be permitted.
16
29.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Value Added Tax , Provisional Sums, and the provision, if
any, for contingencies in the Summary Bill of Quantities, for Unit Rate Contracts,
or Schedule of Prices for lump sum Contracts, but including Day work items, where
priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with ITB 28.1;
(c) price adjustment due to discounts offered in accordance with ITB 13.4;
(d) adjustment for nonconformities in accordance with ITB 27.3;
(e) application of all the evaluation factors indicated in Section III (Evaluation and
Eligibility Criteria);
29.3 The estimated effect of the price adjustment provisions of the Conditions of Contract,
applied over the period of execution of the Contract, shall not be taken into account in
bid evaluation.
29.4 If this Bidding Document allows Bidders to quote separate prices for different
Contracts, and to award multiple Contracts to a single Bidder, the methodology to
determine the lowest evaluated price of the Contract combinations, including any
discounts offered in the Letter of Bid, is specified in Section III (Evaluation and
Eligibility Criteria).
29.5 if the bid for an Unit Rate Contract, which results in the lowest Evaluated
Bid Price is seriously unbalanced or front loaded or extremely low in the
opinion of the Employer, the Employer may require the Bidder to
produce detailed price analysis for any or all items of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the construction
methods and schedule proposed. After evaluation of the price analysis,
taking into consideration the schedule of estimated Contract payments, the
Employer may require that the amount of the performance security be
increased at the expense of the Bidder as mentioned in BDS to protect the
Employer against financial loss in the event of default of the successful Bidder
under the Contract or may consider the bid as non-responsive.
29.6 In case of e-submission bids, the Employer evaluates the bid on the basis of the
information in the electronically submitted bid files. If the Bidder cannot substantiate
or provide evidence to establish the information provided in e-submitted bid
through documents/ clarifications as per ITB Clause 24.1, the bid shall not be
considered for further evaluation.
29.7 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any partner of
JV, such Natural Person or Board of Director of the firm/institution /company
or any partner of JV such bidder’s bid shall be excluded from the evaluation, if
public entity receives instruction from Government of Nepal.
30. Comparison of 30.1 The Employer shall compare all substantially responsive bids in accordance with ITB
Bids 29.2 to determine the lowest evaluated bid.
31. Employer’s 31.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding
Right to Accept Any process and reject all bids at any time prior to Contract award, without thereby incurring
Bid, and to Reject any liability to Bidders. In case of annulment, all bids submitted and specifically, bid
17
Any or All Bids securities, shall be promptly returned to the Bidders.
F. Award of Contract
32. Award Criteria 32.1 The Employer shall award the Contract to the Bidder whose offer has been determined
to be the lowest evaluated bid and is substantially responsive to the Bidding Document,
provided further that the Bidder is determined to be qualified to perform the Contract
satisfactorily.
33. Letter of Intent 33.1 The Employer shall notify the concerned Bidder whose bid has been selected in
to Award the accordance with ITB 32.1 within seven days of the selection of the bid, in writing that
Contract/Notific the Employer has intention to accept its bid and the information regarding the name,
ation of Award address and amount of selected bidder shall be given to all other bidders who submitted
the bid.
33.2 If no bidder submits an application pursuant to ITB 36 within a period of seven days of
the notice provided under ITB 33.1, the Employer shall, accept the bid selected in
accordance with ITB 32.1 and Letter of Acceptance shall be communicated to the
selected bidder prior to the expiration of period of Bid validity, to furnish the
performance security and sign the contract within fifteen days.
33.3 In Case, a corruption case is being filed to Court against the Natural Person
or Board of Director of the firm/institution /company or any partner of JV, such
Natural Person or Board of Director of the firm/institution /company or any
partner of JV such bidder’s bid shall be excluded from the evaluation
34. Performance 34.1 Within Fifteen (15) days of the receipt of Letter of Acceptance from the Employer,
Security the successful Bidder shall furnish the performance security as under mentioned
from Commercial Bank or Financial Institution eligible to issue Bank Guarantee as per
prevailing Law in accordance with the conditions of Contract using Sample Form for
the Performance Security included in Section IX (Contract Forms), or another form
acceptable to the Employer.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen) percent below
the approved cost estimate, the performance security amount shall be 5 (five)
percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15 (fifteen)
percent below of the cost estimate, the performance security amount shall be
determined as follows:
Performance Security Amount =[(0.85 x Cost Estimate – Bid Price) x 0.5] + 5% of Bid
Price.
The Bid Price and Cost Estimate shall be inclusive of Value Added Tax.
34.2 Failure of the successful Bidder to submit the above-mentioned Performance Security
or to sign the Contract Agreement shall constitute sufficient grounds for the annulment
of the award and forfeiture of the bid security. In that event the Employer may award
the Contract to the next lowest evaluated Bidder whose offer is substantially responsive
and is determined by the Employer to be qualified to perform the Contract satisfactorily.
The process shall be repeated according to ITB 33.
35. Signing of 35.1 The Employer and the successful Bidder shall sign the Contract Agreement within the
Contract period as stated ITB 34.1.
18
35.2 At the same time, the Employer shall affix a public notice on the result of the award on
its notice board and make arrangement for causing such notice to be affixed on the
notice board also of the District Coordination Committee, District
Administration Office, Provincial Treasury and Controller Office and
District Treasury and Controller Office. The Employer may make arrangements
to post the notice into its website, if it has; and if it does not have, into the website of the
Public Procurement Monitoring Office, identifying the bid and lot numbers and the
following information: (i) the result of evaluation of bid; (ii) date of publication of
notice inviting bids; (iii) name of newspaper; (iv) reference number of notice; (v) item
of procurement; (vi) name and address of bidder making contract and (vii) contract
price.
35.3 Within thirty (30) days from the date of issuance of notification pursuant to ITB 33.1
unsuccessful bidders may request in writing to the Employer for a debriefing seeking
explanations on the grounds on which their bids were not selected. The Employer shall
promptly respond in writing to any unsuccessful Bidder who, requests for debriefing.
35.4 If the bidder whose bid is accepted fails to sign the contract as stated ITB 35.1, the
Public Procurement Monitoring Office shall blacklist the bidder on recommendation of
the Public Entity.
36. Complaint and 36.1 If a Bidder is dissatisfied with the Procurement proceedings or the decision made by
Review the Employer in the intention to award the Contract, it may file an application to the
Chief of the Public Entity within Seven (7) days of providing the notice under ITB 33.1
by the Public Entity, for review of the proceedings stating the factual and legal grounds.
36.2 Late application filed after the deadline pursuant to ITB 36.1 shall not be processed.
36.3 The chief of Public Entity shall, within five (5) days after receiving the
application, give its decision with reasons, in writing pursuant to ITB 36.1:
(a) whether to suspend the procurement proceeding and indicate the procedure to be
adopted for further proceedings; or
(b) to reject the application.
The decision of the chief of Public Entity shall be final for the Bid amount up to the value as
stated in 36.4.
36.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 36.3, is not given within five (5) days of receipt of
application pursuant to ITB 36.1, it can, within seven (7) days of receipt of
such decision, file an application to the Review Committee of the GoN, stating
the reason of its disagreement on the decision of the chief of Public Entity and
furnishing the relevant documents, provided that its Bid amount equal and
more than Rupees Twenty (NRs. 20,000,000). The application may be sent by
hand, by post, by courier, or by electronic media at the risk of the Bidder itself.
36.5 Late application filed after the deadline pursuant to ITB 36.4 shall not be processed.
36.6 Within three (3) days of the receipt of application from the Bidder, pursuant to ITB
36.4, the Review Committee shall notify the concerning Public Entity to furnish its
procurement proceedings, pursuant to ITB 36.3.
36.7 Within three (3) days of receipt of the notification pursuant to ITB 36.6, the Public
19
Entity shall furnish the copy of the related documents to the Review Committee.
36.8 The Review Committee, after inquiring from the Bidder and the Public Entity, if
needed, shall give its decision within one (1) month of the receipt of the application
filed by the Bidder, pursuant to ITB 36.4.
36.9 The Bidder, filing application pursuant to ITB 36.4, shall have to furnish a cash amount
or Bank guarantee from Commercial Bank or Financial Institution eligible to issue
Bank Guarantee as per prevailing Law equivalent to one percent (1%) of its quoted Bid
amount with the validity period of at least ninety (90) days from the date of the filing of
application pursuant to ITB 36.4.
36.10 If the claim made by the Bidder pursuant to ITB 36.4 is justified, the Review
Committee shall have to return the security deposit to the applicant, pursuant to ITB
36.9, within seven (7) days of such decision made.
20
SECTION - II
Bid Data Sheet
A. General
ITB 1.1 The Employer is: Department of Water Resources and Irrigation; Khando River Management
Project
ITB 1.1 The number and identification of lots comprising this bidding process is:
KRMP/Lift/Demlitar/2077-078/NCB-01
The name of the Project is: Construction of Demlitar Solar Lift Irrigation Sub Project ,
ITB 2.1
Aishelukharka-04, Khotang.
The implementing agency is:; Khando River Management Project, Rajbiraj, Saptari.
ITB 4.1 (a) Maximum number of partner in a joint venture shall be : 3 (three)
B. Bidding Document
For clarification purposes only, the Employer’s address is:
ITB 7.1
Attention: Project Manager
Address: Rajbiraj,Saptari
Telephone: : 9852831124
Facsimile number:
Electronic mail address: project.khado@gmail.com
A Pre-Bid meeting shall held. Pre-Bid Meeting will
ITB 7.4
Take place at the following date, time and place:
Date: 12th April 2021 AD(2077-12-30 BS)
Time: 11.00 hours
Place: Khando River Management Project, Rajbiraj.
A site visit shall be organized by the Employer
ITB 7.5 Time for request: Requests for clarification should be received by the Employer no later than 10
days prior to the deadline for submission of bids.
C. Preparation of Bids
ITB 11.1 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be submitted with the bid,
including the priced Bill of Quantities for Unit Rate Contracts and Schedule of Prices for lump
sum contracts: Not Applicable
21
ITB 11.1 (i) The Bidder shall submit with its bid the following additional documents:Not Applicable
ITB 13.6 The prices quoted by the Bidder shall not be subject to adjustment during the performance of the
Contract.
ITB 15.1 The bid validity period shall be: Ninety (90) days
ITB 16.1 The Bidder shall furnish a bid security, from Commercial Bank or Financial Institution eligible to
issue Bank Guarantee as per prevailing Law with a minimum of 2,60,000.00, which shall be
valid for 30 days beyond the validity period of the bid.
Bank Name: Rastriya Banijya Bank Ltd.
ITB 16.2 (b)
Branch Name:Rajbiraj
Bank Address: Rajbiraj,Saptari
Office Name: District Treasury Office,Rajbiraj,Saptari
Account Number: 2180100102030000
Office Code: 15-308-02
ITB 17.1 In addition to the original of the bid, the number of copy/ies is/are Not Applicable
ITB 17.2 The written confirmation of authorization to sign on behalf of the Bidder shall indicate:
(a) The name and description of the documentation required to demonstrate the authority
of the signatory to sign the Bid such as a Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV, an undertaking signed by
all parties (i) stating that all parties shall be jointly and severally liable, and (ii)
nominating a Representative who shall have the authority to conduct all business
for and on behalf of any and all the parties of the JV during the bidding process
and, in the event the JV is awarded the Contract, during contract execution.
ITB 18.1 Bidders shall have the option of submitting their bids: by electronic only
i. Bidders who choose to submit their bids electronically, can view/download the bidding
documents from “published bids” section of e-GP
systemhttps://bolpatra.gov.np/egp.
ii. For the purpose of e-Submission, the bidder shall, at first, register in e-GP system and
maintain their organization profile data and documents required during bid response
preparation. The details of e-GP registration and profile management procedure are
specified in Article No 9 and 10 respectively of e-GP Directives issued by PPMO,
which can be downloaded from Download section of e-GP system.
22
iii. In order to submit the bid, interested bidders shall deposit the cost of biding document
in the bank and account specified in Invitation for Bid (IFB). The scanned copy (in PDF
format) of the bank deposit voucher shall also be submitted along with the bid.
iv. The bidders shall prepare their bids using data and documents maintained in bidder’s
profile, instruction provided by e-GP system and forms/format provided in the bidding
document.
v. Bidders may submit bids as a single entity or as a joint venture (JV). Bidder submitting
bid in JV shall have to upload joint venture agreement along with partner(s) Bolpatra ID
provided during bidder’s registration.
vi. Bidders (all partners in case of JV) shall update their profile data and documents
required during preparation and submission of their bids.
vii. In case of bid submission in JV, the consent of the partners shall be obtained
through the confirmation link sent to the registered email address and the partners
shall have to acknowledge their confirmation.
viii. Bidders shall submit the required documents as specified in Section I-Instruction
to Bidders, Section II-Bid Data Sheet and Section III-Evaluation and Eligibility
Criteria of the bidding document. The format of the documents shall be in PDF
and/or web form as provisioned in the e-GP system.
ix. After providing all the details and documents, the e-GP system will generate bid
response documents for the bidder. Bidders shall download, verify and confirm
the bid response documents prior to bid submission.
x. For verifying the authentic user, the system will send one time password (OTP) in
the registered e-mail address of the bidder. System will validate the OTP and then
only allow bidders to submit their bid.
xi. Electronically submitted bids can be modified and/or withdrawn through the
system within the bid submission deadline.
xii. The bidder/bid shall meet the following requirements and conditions for e-
submission of bids;
aa) The e-submitted bids must be readable through PDF reader.
bb) The bidders are fully responsible for using the e-GP system as per specified
procedures and in no case the employer shall be held liable for bidder's
inability to use the system.
cc) When a bidder submits electronic bid through the e-GP System, it is
assumed that the bidder has prepared the bid by studying and examining the
complete set of the bidding document and e-GP instruction including the
provision stipulated in e-GP Directives.
23
Date :-22th April 2021
Time :12:00
ITB 29.5 The amount of the performance security be increased by Eight (8) percent of the quoted bid price.
24
SECTION - III
Evaluation and Eligibility Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and eligible Bidders.
GoN/DP requires bidders to be qualified by meeting predefined eligibility criteria. In accordance with ITB
29, no other methods, criteria and factors shall be used. The Bidder shall provide all the information
requested in the forms included in Section IV (Bidding Forms).
1. Evaluation
In addition to the criteria listed in ITB 29.2 (a) - (e) the following criteria shall apply:
Works are grouped in multiple contracts and pursuant to Sub-Clause 29.4 of the Instructions to Bidders,
the Employer will evaluate and compare Bids on the basis of a contract, or a combination of contracts, or
as a total of contracts in order to arrive at the least cost combination for the Employer by taking into
account discounts offered by Bidders in case of award of multiple contracts.
1.2 Quantifiable Nonconformities and Omissions
Subject to ITB 13.2 and ITB 29.2, the evaluated cost of quantifiable nonconformities including
omissions, is determined as follows:
[Insert in bidding document: “Pursuant to ITB 27.3, the cost of all quantifiable nonmaterial
nonconformities shall be evaluated, but excluding omission of prices in the Bill of Quantities. The
Employer will make its own assessment of the cost of any nonmaterial nonconformities and omissions
for the purpose of ensuring fair comparison of bids.”]
2. Eligibility
Criteria Compliance Requirements Documents
Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
2.1 Conflict of Interest
No conflicts of
must meet existing or must meet not Letter of Bid
interest in
requirement intended JV requirement applicable
accordance with
must meet
ITB Sub-Clause
requirement
4.3.
2.2 Government/DP Eligibility
Not having been
must meet must meet must meet not Letter of Bid
declared
requirement requirement requirement applicable
ineligible by
government/DP,
as described in
ITB Sub-Clause
25
4.4.
2.3 Government-owned Entity
Bidder required
must meet existing or must meet not Forms ELI - 1,
to meet
requirement intended JV requirement applicable ELI - 2, with
conditions of ITB
must meet attachments
Sub-Clause 4.5.
requirement
2.4 UN Eligibility
Not having been declared
must meet existing or must meet not Letter
ineligible based on a United
requirement intended JV must requirement applicable of Bid
Nations resolution or
meet requirement
Employer's country law, as
described in ITB Sub-
Clause 4.8.
2.5 Other Eligibility
Firm Registration Certificate must meet not must meet not Document
requirement applicable requirement applicable attachment
VAT and PAN Registration must meet not must meet not Document
certificate requirement applicable requirement applicable attachment
26
SECTION - IV
Bidding Forms
This Section contains the forms which are to be completed by the Bidder and submitted as part of its Bid.
27
Letter of Bid
The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................
To: ……………………………………………………………………………………………………….....
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) The total price of our Bid, excluding any discounts offered in item (d) below is: NRs.
…………………………………………..; or when left blank is the Bid Price indicated in the Bill of
Quantities.
(d) The discounts offered and the methodology for their application are:……………………………
(e) Our bid shall be valid for a period of …………………..[insert validity period as specified in ITB 15.1]
days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and
it shall remain binding upon us and may be accepted at any time before the expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;
(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from
eligible countries or any countries [insert the nationality of the Bidder, including that of all parties that
comprise the Bidder if the Bidder is a consortium or association, and the nationality of each Subcontractor
and Supplier];
(h) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3;
(i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding process in
accordance with ITB 4.3;
28
(j) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible, under the Employer’s country laws or official regulations or by
an act of compliance with a decision of the United Nations Security Council;
(k) We are not a government owned entity/We are a government owned entity but meet the
requirements of ITB 4.5;1
(l) We understand that this bid, together with your written acceptance thereof included in your notification
of award, shall constitute a binding contract between us, until a formal contract is prepared and executed;
(m) We declare that, we have not been black listed as per ITB 3.4 and no conflict of interest in the proposed
procurement proceedings and we have not been punished for an offense relating to the concerned
profession or business.
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may
receive; and
(o) If awarded the contract, the person named below shall act as Contractor’s Representative:
(p) We agree to permit the Employer/DP or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by the
Employer.
Name: .................................................................................................
Signed …………………………………………………………...
Date …………………………………………………………....
29
1 Use one of the two options as appropriate.
*Normally following source of index shall apply. Public Entity shall choose applicable Index for each
item.
(a) Labor: "National Salary and Wage Rate Index"- "Construction Labor" of Nepal Rastra Bank
or
rate fixed by District Rate Fixation Committee
(b) Material: "National Wholesale Price Index" - Construction Materials" of Nepal Rastra Bank
"National Wholesale Price Index" - " Machinery and Equipment" of Nepal Rastra Bank
or
** Bidders proposed weightings should be within the range specified by the Employer in column - 5
30
Table of Price Adjustment Data
[To be used if Price Adjustment is applicable
as per GCC 53.6]
Code Construction Unit Base Price (NRs/Unit) (Ex- Source (Factory)**
Material* factory)
1 2 3 4 5
Note:
The base prices of the construction materials shall be taken as of 30 days before the deadline for submission of
the Bid as quoted by the Bidder and verified by the Employer. For the purpose of calculation of price
adjustment, the Ex-factory price of the same source shall be taken into consideration.
31
Bid Security
Bank Guarantee
We have been informed that . …………. .[insert name of the Bidder] (hereinafter called “the Bidder”)
intends to submit its bid (hereinafter called “the Bid”) to you for the execution of …………... name of
Contract . …………… under Invitation for Bids No. ……………… (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we…………………. . name of Bank. ……………….. hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . ………...amount in figures
………………………. (. ………….. .amount in words ……………….) upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s)
under the bid conditions, because the Bidder:
(a) has withdrawn or modifies its Bid:
(i) during the period of bid validity specified by the Bidder on the Letter Bid, in case of electronic submission
(ii) from the period twenty-four hours prior to bid submission deadline up to the period of bid validity specified by the
Bidder on the Letter of Bid, in case of hard copy submission; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i)
fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the performance
security, in accordance with the ITB.
(d) is involved in fraud and corruption in accordance with the ITB
This guarantee will remain in force up to and including the date ………number…………days after the
deadline for submission of Bids as such deadline is stated in the instructions to Bidders or as it may be
extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect
of this guarantee should reach the Bank not letter than the above date.
This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee by the
Bidder unless notified by you for the release of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
Note:
The bid security of ………..……………. has been counter guaranteed by the Bank ……..………... ...…… on
…………... ...……..………. (Applicable for Bid Security of Foreign Banks).
32
Bidder’s Information Format
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
33
Bidder’s Information
mail address)
1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 17.2.
3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above required to
comply with ITB 4.5.
34
Form ELI - 2: JV Information Sheet
JV Partner's or
JV Partner's or
JV Partner's or
constitution
JV Partner's or
1. articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 and 4.2.
2. Authorization to represent the firm named above, in accordance with ITB .2.
3. In the case of government-owned entity, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
35
Part - II
REQUIREMENTS
36
Table of Clauses
Specifications ……………………………………………………………………………………............ 39
Notes on the Specifications ……………………………………………………………………....... 39
Sample Clause: Equivalency of Standards and Codes ... ........................................................... …….. 40
Drawings …………………………………………………………………………..…………………….. 41
37
SECTION - V
Works Requirements
This Section contains the Specification, the Drawings, and supplementary information that describe
the Works to be procured.
Scope of Work
Main works within the scope of the contract are as following:
Design review of Demlitar Solar Lift Irrigation Sub-project and modify the design
accordingly as per the discharge required and as per the actual site condition;
Installation of description board that contains information about the project that is easily
readable from 30 m distance;
Supply of Solar Crystalline PV Module with minimum 250 Wp;
• Supply of suitable Submersible Solar Pump able to lift a minimum average discharge
of 150m3/day in the month of February at total head of not less than 140m. with
minimum cable length and with three phase variable frequency Inverter of 21 kW
capacity having facility to record the consumption of pump in KWH for one year with
inbuilt MPPT controller having IP 66 rating. at least 5 years warranty as per
specificaton & all other accessories for Grounding System with required no of surge
protectors, earthing electrode, backfill chemical, lighting arrestor, wire 7/18,Junction
box etc as per design & specification all complete ready to deliver water as per
instruction of the site Engineer including transportion upto site etc. all complete.
Supply module structure, grounding system and all other necessary components for solar
water pumping system for irrigation;
Installation of the Solar pumping system;
Construction of RCC reservoir;
Co-ordinate with WUA for excavation and filling of main delivery line, distribution line
and outlets.
Test run and service as needed by the employer
38
aa) Specifications
STANDARDS SPECIFICATIONS
A. All workmanship, materials and components throughout shall, where applicable, and unless otherwise
stated in the Contract Document, comply either:
1. With the relevant American, British, German, or Indian Standard of Code of Practice current on the
date fixed for receipt of tenders, or
2. With other Standards or Codes of Practice proposed by the Contractor at the time of tendering
provided that these standards of Codes of Practice are equivalent or superior to the relevant American,
British, German, or Indian Standard or Code of Practice.
B. The acceptance of a tender based upon a Standard of Code of Practice proposed by the Contractor
shall only signify the Engineer's general approval to the use of such Standard or Code of Practice, and
shall not make the Engineer liable to accept a standard of workmanship subsequently found to be
inferior to the corresponding American, British, German, or Indian Standard or Code of Practice.
C. Where the relevant standard provides for the furnishing of a certificate to the Employer or Engineer at
their request, stating that the materials supplied comply in all respects with the standard, the
Contractor shall obtain the certificate and forward it to the Engineer. If no standard is indicated, then
the relevant American, British, German or Indian Standard, if any, shall apply.
D. Where reference is made within these documents to certain standard specifications the reference shall
unless otherwise specifically stated be construed to mean the standard, with all subsequent
amendments, changes or additions as thereafter adopted and published that are in effect on the date of
issue of the Tender Documents.
E. Whenever in these documents’ references are made to particular reference standards or abbreviations
thereof, their meaning shall be as listed below and copies of such standards may by obtained at the
Contractor's expense from the particular organization at the address given
AASHTO American Association of State Highway and Transportation Officials Suit 341
National Press Building Washington, DIC, 20004 U.S.A.
ACI American Concrete Institute P.O: Box 4754Redford Station, Detroit, Ml 48219
U.S.A.
AISC American Institute of Steel Construction 101 Park Avenue, New York, NY 10017
U.S.A.
ASTM American Society for Testing of Materials 1916 Race St., Philadelphia, PA 19103
U.S.A.
AWS American Welding Society.lns. 2501 N:W. 7th St., Miami. PL 33125 U.S.A.
AWWA American Water Works Association 6666 West Quincy Ave. Denver, Colorado
80235 U.S.A.
39
DNA Deutscher Normenausschuss Beuth—Vertrieb, Berlin 30 Koln, FederalRepublic
of Germany
SSPC Steel Structures Painting Council 4400 Fifth Ave., Pittsburg, PA 15213 U.S.A.
NS Nepal Standard
40
1. CONSTRUCTION FACILITIES
1.2. SANITATION
The Contractor shall maintain the Site and all working areas in a sanitary condition and in all matters of
health and sanitation shall comply with the requirements of the local medical office or other competent
authority.
1.7. COSTS
1
The costs of providing constructing facilities shall be included in the prices tendered for the various items
of the Bill of Quantities for which the construction facilities are required, and no separate payment will be
made therefore.
2. CONTROL OF WATER
2.1. GENERAL
A. The contractor shall be responsible for the control of water met within the excavations due to ground water,
spring, seepage, rain or other causes. He shall take all measures and necessary precautions to control water
seepage into excavations by suitable diversions and by bailing out or by pumping if necessary, to keep the
excavations dry during excavation, concrete construction, and embankment or backfill placement and
compaction.
B. The contractor shall submit to the Engineer for approval, details of such measures as he proposes to adopt
for the control of water from any source. Notwithstanding any approval by the Engineer of the Contractor's
arrangement for the exclusion of water, the Contractor shall be responsible for sufficiency thereof and for
keeping the works safe at all times, particularly during any floods, and for making good at his own expense
any damage to the works including any that may be attributable to floods.
2.4. COSTS
Costs incurred by the Contractor in complying with the requirements of this Section shall be deemed to be
included in the price tendered for the various items of the Bill of Quantities for which the control of the
water is required and no separate payment will be made there for.
3. STORAGE OF MATERIALS
3.1. GENERAL
A. Materials shall be stored so as to ensure preservation of their specified quality and fitness for the work.
They shall be placed on hard, clean surface, and when required, they shall be placed under cover as
approved by the Engineer. Stored materials shall be located so as to facilitate prompt inspection. Private
property shall not be used for storage purposes without the written permission of the owner or making good
the losses and providing payment to him if necessary.
B. The stockpile site shall be prepared by clearing and levelling as approved by the Engineer.
C. Aggregate storage piles shall be built up and removed in layers not exceeding 1 m. The height of such
stockpiles shall be limited to 5.0 m. The center of the storage areas shall be raised and sloped to the sides,
2
as required to provide proper drainage of excess moisture. The material shall be stored in such a manner as
to prevent segregation and to ensure proper gradation and moisture content.
3.2. COSTS
The costs of providing of storage for materials shall be included in the prices tendered for the various items
of the Bill of Quantities for which storage of materials is required, and no separate payment will be made
there for.
4. MEASUREMENT AND PAYMENT
A. The items as set out in the Bill of Quantities are understood to be full compensation
For the preparation of Working Drawings for the Civil Engineering works and conforming to the
requirements for the equipment and drawings as set out in the Specification, Conditions of Contract,
information and Instruction, Drawings. Schedules and Appendices submitted with the Tender Documents
For all materials, parts and labour cost as well as the cost of supervision, quantity inspection and testing
and all other costs for the supply of the equipment and materials
For all handling, packing and shipping charges, rail, road and all over other transport costs, including
labour dues, dock handling charges, insurance during transit, customs outside Nepal (If any) and all other
charges on the equipment and materials from any place outside Nepal until it is delivered on site
For all cost of labour, supervising, erection of plant and temporary works, materials and other things of
whatever nature required for storing, moving into final position, setting out, handling and erecting, final
painting and protection, quality inspection and testing:
For site testing and commissioning of the equipment
For maintenance and making good
For all duties and obligations as set out in the Conditions of Contract, the Specification. Information and
Instructions, Drawings, schedules and Appendices
B. Measurement methods specified in the individual Sections of the Specification shall govern if they differ
from methods specified in this Section.
C. The Engineer will compute all quantities and will take measurements as required for such computations.
B. MEASUREMENT BY WEIGHT
1. Steel shapes, castings, miscellaneous, metal fabrications, and similar items to be paid for any weight shall
be measured by handbook weights for the type and quantity of material actually furnished and used.
2. The Engineer may be present to witness the weighing and to check and compile the daily record of such
scale weights: however, in any case. the Engineer will require that Contractor furnish weigh slips and daily
summary weigh sheets. In such case, furnish a duplicate weigh slip to the Engineer at the point of delivery
of the materials.
C. MEASUREMENT BY VOLUME
3
1. Measurement by volume will be by the cubic dimension listed or indicated in the Bill of Quantities.
Method of volume measurement will be as determined or directed by the Engineer.
2. When materials are to be measured and paid for on a volume basis and it is impractical to determine the
volume by the specific method of measurement, or requested by the Contract in writing and accepted by the
Engineer in writing, the material will be weighed in accordance with the requirements specified for weight
in accordance with the requirements specified for weight measurement. Such weight will be converted to
volume measurement for payment purposes. Factors for conversion from weight measurement to volume
measurement will be determined by the Engineer and shall be agreeable to the Contractor before such
method of measurement of pay quantities will be accepted.
D. MEASUREMENT BY AREA
Measurement by area will be the square dimension listed or indicated in the Bill of Quantities Method of
square measurement will be as determined or directed by the Engineer.
E. LINEAR MEASUREMENT
Linear measurement will be by the linear dimension listed or indicated in the Bill of Quantities. Method of
linear measurement will be as determined or directed by the Engineer. Generally, items, components, or
work to be measured will be measured at the centerline of the item in place.
F. LUMP-SUM MEASUREMENT
1. Lump-sum measurement will be for the entire item, unit of work, structure, or combination there of, as
listed or indicated in the Bill of Quantities.
2. If the Contractor requested progress payments for lump-sum items or amounts in the Bill Quantities, such
progress payments will be made in accordance with a well-balance detailed program of payment-
apportioning, prepared by the Contractor and submitted to the Engineer for approval.
3. Such program for each applicable lump-sum item shall show estimated quantities and unit prices thereof as
allocated by the Contractor to the different features of the work and major subdivision thereof. It shall also
show the amounts allocated by the Contractor for
(i) Costs of the various materials to be furnished.
(ii) Direct labour cost and derivative charges.
(iii) other itemized costs. (iv) Overhead. (v) Insurance and (vi) Profit.
The summation of contents of quantities and unit prices and related costs shall total, in each case, the
exact amount to be paid under the lump-sum Contract price for the item.
4. Such programmes will be used for computing progress payment as provided herein, but will not be used
to determine the amount of the final payment for the work of this Contract.
4
Separate measurement of payment will not be made for work required under this section. All costs in
connection will the work specified herein will be considered to be included with the related item of work in
the Bill of Quantities, for incidental to the Project.
5. CLEARING AND GRUBBING
A. All areas which require clearing for purpose of earthwork and construction, including right of way, borrow
areas, stock pile sites and elsewhere as directed by the Engineer shall be cleared of trees, brush, roots,
rubbish and other objectionable matter and such materials shall be removed from the site of the work or
otherwise disposed of as approved by the Engineer. On the approval of the Engineer, fences, walls,
buildings and ruins shall be removed from the same areas.
B. All materials to be burnt shall be piled neatly and when in a suitable condition shall be burnt completely.
Piling for burning shall be done in such a manner and in such locations as to cause the least fire risks. The
Contractor shall at all times take special precautions to prevent fire from spreading.
C. In general, only such trees that would interfere with the construction required under these specifications
shall be removed, and trees along the right-of-way shall be left in place to the greatest extent practicable.
The Contractor shall dispose of all material cleared as prescribed above.
D. During the Contractor's operations the removal of certain trees and shrubs outside the right-of way may be
required, in which case the Contractor may remove such trees and shrubs after obtaining prior approval of
the Engineer. All trees and shrubs designated to remain in place shall be protected from damage. Any
damage to the Works and public or private property caused by the Contractor's operations in clearing and
grubbing shall be repaired or replaced by the Contractor at his own cost.
5
6.1. GENERAL DESCRIPTION
A. This Specification Section covers the partial and complete demolition of existing structures constructed of
concrete, bricks, and stone.
B. Demolition of wooden structures shall be considered clearing and is covered under Section of "clearing
and grubbing".
6.2. DEMOLITION
A. Existing structures shall be demolished as directed by the Engineer. Where the structure interferes with the
new construction, it shall be demolished completely. Where a part or parts of an existing structure are to be
incorporated into the Works, such structures shall be partially demolished as specified below.
B. Materials resulting from demolition, which are suitable for reuse, shall be considered as the property of the
Employer and shall be salvaged. Sound brick and stone shall be neatly stockpiled at locations directed by
the Engineer. Rubble resulting from demolition of concrete shall be stockpiled when directed by the
Engineer, for use in backfill, embankment, for other purposes.
C. Partial demolition of existing structures, which are to be incorporated into the Works, shall consist of the
removal of all unsound portions of the structures, and other portionsas directed by the Engineer, as
necessary to incorporate the remaining, sound portions into the Works. Care shall be taken to preserve the
portions be cut with a suitable saw to a depth of 40 mm before the cut-off portion is demolished. All
unsound concrete which spalls when struck with a hammer shall be removed. All bricks and stones which
can be easily pried loose, and all bricks and stones set in unsound mortar shall be removed.
6
Construction Operations
A. Preliminary Operations:
1. Prior to any excavation the work shall be set out as specified in Clauses 17 of Conditions of Contract.
2. Before commencement of excavation a survey of the existing ground levels shall be made by the
Engineer. The survey records shall serve as initial measurement for the determination of the final
quantities of excavation performed under the Contract, and for related purposes.
3. Clearing and grubbing shall be performed in all excavation areas.
4. Stripping and storing of topsoil shall be performed as specified.
B. General Requirements
1 All excavation shall be made in accordance with the provision stated herein or directed
by the Engineer and to the grades shown on the Drawings or established by the
Engineer.
2 Change of Slopes: During progress of the work it may be found necessary or desirable by the
Engineer to vary the slopes of excavation or the slopes of embankments and the dimensions
dependent thereon, and the Contractor shall execute the work in accordance with these specifications.
Any increase or decrease of quantities excavated as a result of such variations shall be subject to the
provisions stipulated for variations set forth in the Conditions of Contract.
3 Sliding Material: Materials which will not stand on the slopes shown on the Drawings or established
by Engineer, and materials which are a part of slides extending beyond the established lines of
excavation which move into excavated areas, shall be removed by the Contractor in an approved
manner, and the slopes shall be refinished to lines and grades established by the Engineer. The
Contractor shall be required to excavate potential slide areas beyond the limits of the originally staked
excavation where, in the judgment of the Engineer, such excavation is necessary to prevent damage to
the work.
4 Excavation lines: Where excavations are not to be covered by structures or other required
construction, they shall be made to the full dimensions required and shall be finished to the neat line
sand grades shown on the Drawings or to such other lines and levels determined by the Engineer. All
necessary precautions shall be taken to preserve the material below the lines of all excavation in the
soundest possible condition. Any over excavation made for the convenience of the Contractor or for
any purpose or reason, except as otherwise provided herein, shall be refilled and compacted by the
Contractor at his expense.
5 Use of Material: It is anticipated that most of the materials from required excavation will be suitable
for use in the construction required under the Contract. As for as practicable, all suitable materials
shall be placed in the designated final locations directly from the excavation, except, the backfill
materials, which shall be place in temporary stockpiles and later placed in the designated location. As
determined by the Engineer, all materials designated for use in compacted embankments shall be
brought to the proper water content before and during excavation.
6 Subsurface Water: Part of the required excavation will be below the subsurface water level. Any lines
of water levels shown on the Drawings can be considered as tentative information only. The
Contractor shall not be entitled to derive any claim there from and he shall select his equipment and
programme his constructional operations and the timing of these operations so as to complete the
works to the satisfaction of the Engineer.
7 Surface Water: The Contractor shall take all, necessary precautions to protect the work from surface
water by constructing provisional funds drains or similar means, or by pumping, as may be approved
or directed by the Engineer.
8 Whenever it becomes necessary during the course of the work to determine the volume of excavation
in channels which are filled or partially filled with water, the Contractor shall furnish and maintain
the required equipment for measuring and shall assist the Engineer in making such measurements.
7
9 Gravel: Where gravel in encountered during excavation and such gravel in suitable for surfacing
operations and maintenance or service roads or paths, or for further gravel lining, as may be
determined by the Engineer, the materials shall in so far as practicable be stockpiled along the right-
of-way where designated by the Engineer.
10 Spoil Banks: Excavated materials containing stumps, roots, vegetable matter and other objectionable
materials and excavated materials that are not required for backfill, embankments, infiltration
galleries and other permanent construction shall be placed in designated spoil banks in waste areas
designated by the Engineer. Spoil banks adjacent to the canal embankments shall be continuous
except for gaps at suitable intervals for transverse drainage as shown on the Drawings or as directed
by the Engineer. All spoil banks and waste areas shall be leveled and sloped to drain and trimmed to
reasonably regular lines as shown on the Drawings or as directed by the Engineer.
C. Rock Excavations:
1. Rock when encountered in the excavation shall be removed down to the foundation level or as
otherwise indicated on the Drawings. Where, however, unstable shales or other similar materials
are interfaced at the foundation level, these shall be excavated to the extent of 500mm below the
foundation level or as otherwise directed. In all cases, the excavation operations shall be so carried
out that at no point on cut formation shall the rock protrude above the specified levels; provided,
however, that a negative tolerance of 300 mm shall be permissible.
2. Slopes in rock cuts shall be finished to uniform lines corresponding to slope line shown on the
Drawings or as directed by the Engineer. Notwithstanding the foregoing, all loose pieces of rock
on excavated slope surface which move when raised by a, crowbar shall be removed.
3. Where blasting is to be resorted to; the same shall be carried out as per instruction of Engineer.
F. Preparation of Foundation:
1. Upon completion of the excavation of the lines and levels shown on the Drawings or directed by
the Engineer, the foundation shall be inspected by Engineer and the cut formation shall be
prepared to receive the base course as directed by the Engineer.
2. Where material in a poor state of compaction is encountered at the foundation level, the same shall
be loosened to a depth of 500mm and compacted in 250mm thick loose layers in accordance with
the requirements of Section 2F. Any unsuitable materials encountered shall be removed at the
discretion of the Engineer.
3. The bottom of the foundation shall be leveled both longitudinally and transversely or stepped as
directed by the Engineer. Before placing the concrete, the surface shall be watered and rammed if
necessary, but no standing water shall be permitted on the foundation. In the event of the
foundation having been made deeper than that shown on the drawings or as otherwise ordered by
the Engineer, the extra depth shall be made up with concrete or masonry to the foundation grade at
8
the contractor's cost. Ordinary backfill shall not be used for the purpose of bringing the foundation
to level.
4. When rock or other hard stratum is encountered, it shall be left free of all soft and loose material,
cleaned out to a firm surface either level, stepped or serrated as directed by the Engineer. All
seams shall be cleaned out and filled with cement mortar or grout to the satisfaction of the
Engineer.
G. Finishing Operations:
1. Finishing operations shall include the work of properly shaping and dressing all excavated
surfaces.
2. When completed, no point from the slopes shall vary from the designated slopes by more than
150mm measured at right angles to the slope, except where excavation is in rock (hard or soft)
where no point shall vary more than 600mm from designated slope. In no case shall any portion of
the slope encroach on the finished lines of structures.
3. The finished cut formation shall satisfy the surface tolerance described elsewhere.
4. Where directed, the top soil removed earlier and stored shall be spread over cut slopes,
embankments and other disturbed areas. Slopes may be roughened and moistened slightly prior to
the application of topsoil in order to provide satisfactory bond. The depth of topsoil shall be
sufficient to sustain plant growth, the usual thickness being 75mm to 150mm.
9
7.4. EXCAVATION OF CANALS AND DRAINS
A. Variation of Dimensions: Canals, farm ditches, infiltration galleries, Dug well and drains shall be excavated
(or rehabilitated) to the lines and grades shown on the Drawings, unless the Engineer determines that the
stability of the earth material (in which the canals, ditches, and drain will be constructed and which will
form the banks) or other factors make it necessary or desirable during the progress of work to vary the
slopes of embankment and the dimensions dependent thereon and so informs the Contractor in writing.
Subject to the provisions set forth in the Conditions of Contract the Contractor shall not be entitled to the
variation of the unit rates quoted for excavation of drains and canals in the Bill of Quantities in payment for
such additional work.
B. Over excavation: Excavation in such a manner as to cause over excavation which in the opinion of the
Engineer is excessive will not be permitted. Canals, ditches, and drains shall be excavated to the full depth
and width required and shall be finished uniformly to the prescribed lines and grades; provided that if the
Contractor prefers to excavate under water that portion of the canal section may be over excavated to not
more than 30 centimeters measured normal from the prescribed lines and grades; provided further that
where the existing cross section of a canal or drain is exceeding the design section, refilling will not be
required.
C. De-watering: De-watering a canal, ditch, or drain for dry excavation will be permitted provided the
measures taken by the contractors have been approved by the Engineer, and provided further that regardless
of whether the canal, ditch, or drain is excavation dry or wet the Contractor shall not be entitled to a
variation of the unit rates quoted for excavation of canals, ditches, and drains in the Bill of quantities in
payment for such work.
B. Payment
1. Payment for the various types of excavation shall be made at the Contract unit rates tendered therefor in the
Bill of Quantities. The Contract unit rates for the items of excavation shall include full compensation for
the following operations:
a. Site clearance where the Bill of Quantities contains no item for clearing and grubbing in the Schedule.
b. Assistance in setting out profiles.
c. Removal of boulders including loosening to required depth for the removal of surface boulders and other
unsuitable materials if any back filling and compacting, if required.
d. Excavation in all types of materials.
10
e. Transporting the excavated material and depositing on the sides of embankments spoil banks or stacking as
directed.
f. Trimming bottoms and slopes of excavation.
C. All labour, equipment, tools sheeting, bracing, drills, explosives and other incidental used to complete the
work.
D. Payment will be made under the applicable item of the Bill of Quantities for the excavation of the
unsuitable foundation material, excavation of slide materials from slides which are beyond the control of
the Contractor, and for refilling and compacting of such excavation as directed and approved by the
Engineer. Measurement and payment will be made under the applicable item of the Bill of Quantities for
placing of backfill in such excavations. Cost of re-handling and transporting backfill material from
stockpiles, if so required, shall be included in the unit rate tendered in the Bill of Quantities for backfill
around structures.
E. No Payment will be made for excavation made for the convenience to the Contractor for any purpose or
reason, for over excavation or fill beyond the established lines and grades, and for removal of materials
disturbed of loosened because of the Contractor's Operations.
11
The motor shall have an integral overheat protection.
The motor shall be of brushless and water filled type.
Motor protection: dry running, over voltage & under voltage, overload, over temperature.
The motor which is a part of DC solar pump set must have CE mark and EN Certificate
The pump and the motor should be manufactured by the same company and the pump and motor
must have the markings of the manufacturer or its brand name.
The controller of the pump must have an inbuilt MPPT software. Warranty – Whole pump and motor
unit shall be ensured with replacement warranty for at least five years from the date of the completion
of the contract.
Obligation of the contractor- The replacement of the pumps as per the warranty obligation shall be
made within 7 working days from the notice provided to the contractor either by WUA or and
Implementation agency by means of any of the either- telephone, text, fax, letter.
8.3. CONTROLLER
The controller must be Off‐ grid, highly reliable and should be applicable and compatible with solar
submersible pumping system with minimum capacity of 15KW.
The controller must have in‐ built MPPT controller.
The controller must operate in ambient temp ‐ 10 to 50 degree and relative humidity 95%.
Inverter could be used, if required, to operate an A.C. Pump. The inverter must at least have IP 66
protection or must be housed in a cabinet having at least IP66 protection.
Adequate protections should be incorporated against dry operation of motor pump set, lightning, hails
and storms.
The controller of the pump should be approved as per IEC 60068-2, 60068-2-14, 60068-2-1, 60068-2-
2 and IEC 61683:1999
Full protection against open circuit, accidental short circuit and reverse polarity should be provided.
Warranty – The controller and its related accessories shall be warranted for full replacement for 5
years.
Obligation of the contractor- The replacement of the pump and controller and its related accessories
as per the warranty obligation shall be made within 7 working days from the notice provided to the
contractor either by WUA or and Implementation agency by means of any of the either- telephone,
text, fax, letter.
12
PV modules from the existing ground level should not be less than 1.0 meter. The number of
mounting structures may varies depending upon the nominal Wp of PV module.
All metallic parts at the Solar PV array site (modules, support structures of modules, metallic cabinet
if any) and Pump site (pump, controllers, metallic cabinet if any) shall be electrically connected and
grounded by using the shortest practical route separately. Grounding electrode of at least 50 mm
diameter and 2 m. length must be used for each grounding pit along with insoluble backfill compound
with high conductivity. An uninterrupted conductor as per the instruction of engineer of at least 6
mm2 cross section area must be used to connect the electrode with the metallic parts.
Appropriate DC Surge protectors must be used at the output of each string of Solar PV Array and
wherever necessary.
13
The payment only for the commission of the performance security for solar system shall be paid.
This payment will be made against the copy of the bank voucher of the bank.
9. DUGWELL
9.1. GENERAL
The construction of the Dug well is an important and vital part of the project in hand. It is entitled to act as
the source of water which the project is subjected to provide the beneficiaries as irrigation water to meet
their crop water requirement. This contract includes the construction of RCC Dugwell as well as supply and
installation of accessories at specified locations. All the materials equipment for completion of RCC Dug
well shall be supplied by contractor. The contractors shall use the digging/drilling tools or machine.
The contractor shall develop and construct an appropriate surface water inlet mechanism that shall be
integrated in the dug well in order to facilitate the entry of the surface water during the dry season. This
mechanism will be instrumental when the water level in the dug well is low and the required recharge is not
achieved in the well. The contractor shall also develop and construct the submersible pump mounting and
dismounting mechanism in the Dug well and or Tube well in such a fashion that during the need or periodic
cleaning the farmers could easily dismount and mount the pump system in the well. The contactor shall
also train the lead farmer or the person recommended by the WUA and or the Employer to mount and
dismount the pump as and when required. The contractor shall only lower (mount) the pump in the
presence of site. Engineer or his authorized representative into the well.
9.4. EXCAVATION
1. The excavation of the well shall be to the dimension specified in the drawings.
2. The center line or axis of excavation must be vertical to within 5 mm per meter of depth of the well.
3. The contractor shall plan and program and ensure the excavation activities to optimize the use of the
machine up to the suitably reachable depth without causing the subsidence of the excavated shaft. In order
to reach the designed depth (10 meter form the general ground level) beyond the reach of the machine the
further excavation shall be made manually with suitable tools and appropriate arrangement for dewatering
and lowering of the caisson rings. The contractor shall be fully responsible for smooth construction of well,
infiltration galleries or any other structure in order to complete the whole project by providing all the
pumping (equipment) machines and accessories, electric power and manpower required for the dewatering
(pumping out the water) during the construction. No claims whatsoever shall be entertained by the
employer beyond the lump-sum amount quoted by the contractor.
14
4. In cases where hard rock prevents further progress, and at the discretion of the engineer, the nominal targets
may be revised to permit the completion of a well that is deemed to be a good potential source even though
the nominal targets are not met.
5. Excavated material shall be placed at least 7 meters away from the edge of the excavation in order not to
interfere with construction. The same excavated material shall be used to backfill the extra excavation for
working area and excess excavated materials will be disposed of by the contractor to the appropriate
location.
The Pre-cast RCC Rings for the Dug well lining shall be casted at the appropriate location near the
construction site. The casting arrangement, method of casting, placing of reinforcement and the formwork
etc. to produce sound Caisson Rings shall be subject to the prior approval of the employer. Caissons in the
water bearing zone may optionally be cast with weep holes formed by pegs of 10 - 13mm steel rod spaced
at 100mm vertical intervals, and about 350mm horizontal spacing. Position of weep holes should be
staggered.
Weep holes may all slope upward towards the center of the ring at a minimum angle of 30 degrees above
horizontal.
The shuttering shall have a maximum deflection from vertical of 2 mm per meter height. It shall be fixed to
alignment and securely braced to withstand, without displacement or defection, the pressure of wet
concrete while it is being cast and vibrated by the appropriate vibrator machine. It shall be constructed in
such a manner that there shall be no leakage of mortar. The contractor shall make all the arrangement for
hanging pump and or any other accessories in the well during the casting of the rings itself in order to avoid
the damage to the pre-cast caissons later. An opening with appropriate lid with locking system as per the
drawing or as instructed by the engineer shall be provided in the well cover slab to allow access for
cleaning the well and maintaining the pumps etc.
In-situ lining shall be provided outside the caisson ring lining where it is exposed above the ground beyond
predicted high flood level to prevent the flood entering from the well mouth with suitable foundation depth
below the ground. This lining shall have a minimum thickness of 150 mm. It shall be cast in-situ from
concrete of M20 grade (1:1.5:3; cement: sand: aggregate). The shuttering for this lining shall have a
maximum deflection from vertical of 2mm per meter height. It shall be fixed to alignment and securely
braced to withstand, without displacement or defection, the pressure of wet concrete while it is being
vibrated by the appropriate vibrator machine. The formwork shall be erected in such a manner that there
shall be no leakage of mortar.
This lining shall be further strengthened by the appropriate river training work that may include gabion
boulder filling or any other protection work.
15
9.6. INFILTRATION GALLERY
The infiltration gallery shall constitute the perforated HDPE pipe as instructed by the site Engineer. The
pipe shall be wrapped with the approved geotextile. The laying of the arrangement shall be done as per the
instruction of the site Engineer. The depth and the breadth of the trench shall be determined as per the site
condition and contractor shall be obliged to lay the arrangement to that depth. The trench shall be
backfilled by the approved gravel filter. All the required arrangement for the smooth functioning of the
infiltration gallery shall be the obligation of the contractor with in the contract.
10.2. EXCAVATION
The length of pipe trench excavated shall be excavated as per the required width with appropriate side
allowance; such that half of the base width is on either side of the designated centre-line of the pipe. The
sides of each trench from the bottom up shall be vertical as possible.
The Contractor will be responsible for any damage resulting from trench instability and insufficient
bracing and strutting.
During the course of the Works the Contractor shall clean road surfaces and other paved areas used by
his vehicles and employees to minimize disturbance to residents and road users, cleaning shall be to the
satisfaction of the Engineer.
10.3. BACKFILLING
Backfilling of pipe trenches shall commence as soon as possible after the pipe has been laid and shall be
carried out as per instruction over the full extent of the actual trench excavation and to original ground
level, except where otherwise directed.
Unless the Contractor is authorized by the Engineer to use other material, the material for backfilling
shall be obtained from trench excavations.
Unless prior approval has been obtained, no filling shall be placed in water.
16
All items supplied under this Contract must be new, of first quality, free from defects, and shall be
designed to meet the requirements of the specification. They shall be service proved products of
specialized manufacturers.
The Contractor shall submit evidence to the Engineer that the items have performed successfully in
comparative projects under similar conditions for at least 5 (five years). Alternately if the products have
been designed or developed more recently, the Contractor shall prove in a way acceptable to the
Engineer that the supplies are suitable in every respect for the work intended and meet the requirements
for this contract. In this respect reliability in operation and ease of maintenance will be considered the
decisive criteria.
Each item should be dimensioned as indicated in the drawings or the specified standard or code, where
there is a difference between the details and the manufacturer’s item the Contractor shall inform the
Engineer of the differences.
A. Standards
The following general standards shall also apply in addition to those specially indicated in the “Bill of
Quantities” and other chapters of the Technical Specifications.
ISO 4427-2007 : Plastics piping systems - Polyethylene (PE) pipes and fittings
IS : 4984 - 1995 High Density Polyethylene pipes for potable water supplies
17
B. Raw Material and Pressure Rating
The term "materials" shall mean all materials and articles of every kind whether raw, processed or
manufactured which are used in the manufacture of the Goods to be supplied under the Contract.
Raw material used to Manufacture PE Polyethylene Pipe of diameter OD 50 and OD 63 mm shall be of
Virgin Natural Resin PE-80 containing those anti – oxidants, UV Stabilizers & Pigments necessary for
Manufacturing of pipes. The Density of Pipes shall be confirming to Standard mentioned in above
clause.
The contractor shall follows either of any standard as mentioned above exclusively, from raw material
manufacturing process, effects on water quality, dimension, color, tolerance, sampling, testing, etc.
C. Dimensions
The pipe dimensions shall be as per latest revisions of relevant clauses of respective codes mentioned in
above of this document. The length of straight pipes and coil shall be according to agreed length or coil-
size between Contractor and the Employer. The internal diameter, wall thickness and other dimensions
of pipes shall be as per relevant tables of respective codes mentioned above. Each pipe shall be of
uniform thickness throughout its length.
The dimension tolerances shall be as per clause of respective code.
D. Laying of Pipelines
Pipe laying shall not commence until the bottom of the trench and the pipe bed have been approved by
the Engineer. The trench bottom shall be prepared as specification. Trenches shall be kept dry to allow
proper and safe bedding, laying, jointing of pipes and construction of the selected fill blanket over the
pipes. Pipes shall be laid centrally in the trench and with the manufacturer's class and quality
identification marks visible from the top of the trench, if possible.
Pipes shall be brought to the correct alignment and inclination, concentric with the pipes already laid.
Adjustments to line and grade should be made by scraping away or adding adequately compacted
foundation material under the pipe and not using wedges and blocks or beating on the pipe.
Pipes shall be handled in manner which eliminates any possibility of high impact or point loading,
taking care to protect the joint elements.
Every reasonable precaution shall be taken to prevent the entry of foreign matter and water into the
pipeline. At the close of each day's work or at any time when work is suspended for a significant period,
the last laid pipe shall be plugged, capped, or otherwise tightly closed until laying is recommenced.
Where so required, the cover or the alignment of a pipeline may change gradually by deflection at pipe
joints, but this deflection shall not be greater than half the deflection permitted by the manufacturer of
the pipe.
E. Jointing of Pipe Lines
All pipelines shall be jointed in accordance with the manufacturer's instructions and to the approval of
the Engineer. Until required for incorporation in a joint, each rubber ring or gasket shall be stored in the
dark, free from the deleterious effects of heat or cold, and kept flat so as to prevent any part of the
rubber being in tension.
18
Spigots and sockets of pipes being jointed shall be thoroughly cleaned by brushing and wiping
immediately before being jointed. All rubber rings and seals shall be carefully inspected after being
placed in position and before the joint is closed, to ensure that they have not suffered any cuts, tears, or
other damage, and are not in any way defective.
All pipes with flexible joints shall be accurately marked prior to laying to ensure that the correct gap is
left in the joint.
For push-fit and bolted gland joints only lubricants recommended by the manufacturer shall be used in
connection with rubber rings and these lubricants shall not contain any constituent soluble in water
conveyed in the pipe. They shall be suitable for the climatic conditions at the Site and shall contain an
approved bactericide.
For bolted gland joints the joints ring shall be pushed into place by the gland ring using only hand
pressure, fixing nuts and bolts should then be fitted and first tightened to finger pressure.
Thereafter tightening shall be in the sequence proposed by the manufacturer and to the torque
recommended.
In the jointing of pipes with flanges, special care shall be taken to align, grade, and level the pipes,
specials, and valves to avoid straining of the flanges. All bitumen and paint shall be removed from the
mating face of each flange immediately before jointing. Bolts shall be tightened up evenly in opposite
pairs to ensure uniform bearing, the final tightening shall be to the torque specified by the manufacturer.
For flanged joints the gasket shall be fitted smoothly to the flange and the joint made by tightening the
nuts to finger pressure first. Thereafter the final tightening of the nuts shall be made by gradually and
evenly tightening bolts in diametrically opposite positions using only standard spanners of a type
approved by the Engineer.
Graphite grease shall be applied to the threads of bolts before joints are made. All joints containing nuts
and bolts which are buried shall be protected with anticorrosive mastic and wrapping tape, applied in
accordance with the manufacturer’s recommendations.
Care shall be taken to avoid damage to the internal surface of the pipes during assembly of the pipeline.
Once joints are made they shall be protected to a level appropriate for the pipe by: polyethylene
sleeving, muffs, or with molding putty and tape wrapping.
F. Setting of Valves, Specials, and Fittings
Unless otherwise shown on the drawings, or directed by the Engineer, gate valves shall be set upright
and butterfly valves shall be set with the main shafts horizontal. All valves, specials, and fittings shall
be located in the exact positions shown on the drawings or otherwise directed. All bolts and flanges
which are to be buried shall be covered with a corrosion inhibiting mastic putty or molding compound
to produce smooth contours, the prepared fitting shall then be wrapped in protective tape.
G. Cutting of Pipes
Pipes shall be cut by a method which provides a clean square cut of the pipe and of the lining, without
damage to pipe or lining. All cut or trimmed ends and the parts of any pipe on which the coating may
have suffered damage shall be re-coated as specified before the pipes are laid.
H. Valve Chambers
19
All washout valves, pressure reducing valves, and air valves in pipelines shall be housed in a chamber
as shown on the drawings or directed by the Engineer.
B. Dimensions
The dimensions and weights of medium grade GI pipes and sockets and tolerances shall be as
prescribed below:
C. Tolerance:
Tolerance in Thickness
20
Butt welded medium tubes + not limited - 10.0 %
Seamless tubes + not limited - 12.5 %
Tolerance in Weight
Single tube (irrespective of quantity) + 10 % -8%
For quantities of less than 150 m of one size + 10 % -8%
For quantities of 150 m and over of one size +4% -4%
E. Jointing
The pipes shall be cleaned and cleared of all foreign matter before being laid. While jointing the pipes,
the inside of the socket and the screwed end of the pipes shall be oiled and rubbed over with white lead
and a few turns of spun yarn wrapped round the screwed end of the pipe. The end shall then be screwed
in the socket, tee etc., with the pipe wrench. Care shall be taken that all pipes and fittings are properly
jointed so as to make the joints completely water tight and pipes are kept at all times free from dust and
dirt during fixing. Burr from the joint shall be removed after screwing. After laying, the open ends of
the pipe shall be temporarily plugged to prevent access of water, soil or any other foreign matter.
21
6. Suitable GI ducting for road and / or drain crossing (for laying of Communication Pipe and other
pipes as instructed by the Engineer) shall be responsibility of the Contractor. The items required
(GI pipe and other accessories) for the ducting shall be arranged by the contractor at his own cost.
7. Other cost not mentioned in BOQ for pipeline works as an item shall be arranged by Contractor at his
own cost
11.2. MATERIALS
A. Stone for apron and pitching shall be sound, hard, durable, fairly regular in shape with at least one side
broken. Stone subject to marked deterioration by water or weather shall not be used.
B. All stone shall be taken from approved sources. The stones shall be fine or rock quarrying of granite,
quartzite, or similar materials having a specific gravity of at least 2.4 and a compressive strength of at
least 400 kg/cm2.
C. Stones apron and pitching shall weigh at least 40 kg, spalls shall be minimum 30 cm to 46 cm size and
suitable to fill voids in apron and pitching.
D. The material for filter shall consist of sound gravel, stone of brick ballast and coarse sand uniformly
graded from 5 mm to 75 mm. For a single layer filter the compacted thickness of the filter shall not be
less than 200 mm. For a multi-layer filter, the compacted thickness of layer of filter material shall not
be less than 115 mm.
E. Material for Riprap and Rock toe
1. Riprap comprises pieces of rock, which shall be hard, durable and free from incipient fractures and
slumps, whose shortest dimension shall not be less than one half of their largest dimension. The
material shall be from an approved location.
2. The stone proposed for use as riprap may be required to be subjected to the sodium
sulphate soundness test and Los Angeles abrasion test. For the sulphate soundness
test, the weighted average loss after S cycles shall not exceed 40%.
12.1. SPECIFICATION
All concrete pipes are to be reinforced as shown in the drawing. Shell thickness and area of steel
reinforcement in longitudinal section shall meet the specifications of the American Concrete Institute or
similar specification acceptable to the Engineer. Selected pipes shall be load-tested in accordance with the
provisions and practice of the American Concrete Institute. Failure of pipe to meet the test shall be
sufficient cause for the Engineer (at his discretion) to reject the batch of pipes of which the specimen forms
a part.
22
Precast concrete pipes shall be of reinforced concrete and shall be moulded to the sizes and details shown
on the Drawings.
Forms for pipes are to be of steel construction. The Contractor shall submit for the approval of the
Engineer, details of the forms proposed.
The pipes shall be cast in a vertical position, unless otherwise directed by the Engineer. The concrete shall
be placed continuously in each of these units and compacted by vibrating, supplemented by spading and
tamping the concrete, in a manner acceptable to the Engineer. The forms shall be overfilled, the surplus
concrete screeded off and the top surface finished to a uniform and even texture similar to that produced by
the forms. Special care shall be exercised in placing and vibrating the concrete so as not displace the
reinforcement.
The pipes shall remain in their moulds for three (3) days before being stripped, during which time the
exposed face shall be covered with sacking or matting and kept constantly wet. In addition, the sides of the
pipes shall be kept moist continuously for a minimum period of eleven (11) days. After stripping, the pipes
shall be stacked for a period of not less than thirty (30) days, unless otherwise directed by the Engineer so
as to leave a free air space between each of these precast units. Each of such precast pipes shall be clearly
marked with the date of casting, if required by the Engineer.
Each pipe fitting shall be placed to the specified lines and levels, and where necessary shall be temporarily
secured by struts and timber wedges. Any earth or other extraneous material shall be cleaned out of the pipe
by drawing a closely fitting wad through, as work proceeds. A properly fitting plug or cap shall be secured
to the end of the last pipe laid and shall only be removed when pipe laying is resumed. The order of laying
pipes shall be subject to the approval of the Engineer.
Unless specified otherwise by the Engineer, backfilling shall be carried out with excavated material, the
initial backfilling around pipes and to a height of 30 cm above the crown of the pipe shall contain no rock
or other hard material likely to damage the pipe or joints. Subsequent backfilling shall be mechanically or
hand rammed up to the original ground surface.
13. CONCRETE
13.1. GENERAL
23
STANDARDS AND CODES OF PRACTICE
All concrete work shall be carried out in accordance with British Standard BS 8110 unless otherwise
specified herein.
b. Packing
The cement shall be packed in six-ply paper bags or polythene lined, polypropylene bags of approved
quality and the net mass of each bag shall be 50 kg. The permissible tolerance on the mass of cement
supplied in bags shall be +2.5% per bag with and overall tolerance of + 0.5% per 10 tonnes wagon
loads of bagged cement.
24
The contractor shall maintain a record available for inspection by the Engineer of the locations of
concrete made from each consignment.
The contractor shall supply samples of cement for test and send them for testing by the inspecting
Engineer when requested by the Engineer both from the contractor's store on site and from the place of
manufacture.
AGGREGATES
a. Supply and Classification
The contractor shall make his own arrangements for procuring, crushing, grading and delivering
aggregate for the Works as required from sources to be approved by the Engineer.
Separate fine and coarse aggregates shall be used for the manufacture of concrete. The term "fine
aggregate" is used to designate aggregate mainly passing a 5.00 mm. BS 410 test sieve and containing
only so much coarser materials as is permitted for the various grading zones given in Table 1.2. The
term 'coarse aggregate' is used to designate well graded aggregate mainly retained on a 5.00 mm, BS
410 test sieve and mainly passing a 37.50 mm, BS 410 test sieve and only containing such coarser or
finer materials as is given in table 1.1
b. Quality
All aggregates to be used in concrete shall be clean, hard, dense, sound, chemically inert, of limited
porosity and uncoated particles free from clayey or organic matter.
Aggregates for concrete shall comply with BS 882: Part 2and the followings
Grading: In accordance with Table 1.1 and 1.2 herein
Mechanical properties: When tested in accordance with BS 812, Part 3 the 'ten percent fines value'
shall be not less than 50 kN.
Silt, clay and dust fraction: When determined in accordance with the decantation method given in
BS 812, Part 1 the silt clay and dust fraction by weight shall not exceed 1% for coarse aggregates,
3% for natural sand and 15% for crushed sand.
Water Absorption: When tested in accordance with BS 812 Part 2 the water absorption after 24
hours shall not exceed 4%.
Aggregate impact value: When determined in accordance with BS 812 Part 3 shall not exceed
45%.
Soundness: When tested in accordance with the sodium sulphate soundness test specified in
ASTM C88 the aggregate shall have a percentage loss of less than 15
Alkali-aggregate reactivity: When tested in accordance with ASTM C-289 aggregates exhibiting
evidence of alkali aggregate reactivity will not be acceptable unless the Contractor can show that
the proposed cement aggregate combination, when tested in accordance with ASTM C227 or other
tests, will not produce deleterious alkali- aggregate reactivity, as to which the Engineer shall be
the sole Judge.
Shrinkage: When determined in accordance with the BRE digest 35 tests the drying shrinkage
shall not exceed 0.065%.
Mica Content; shall not exceed 1% by weight or as otherwise approved by the Engineer.
25
c. Testing
Testing of aggregates is to be in accordance with BS 812 or as specified herein.
For each source of aggregate and at least six weeks prior to the preparation of trial mixes samples of
aggregates together with the results listed below shall be submitted to the Engineer for approval of the
sources of aggregate and quality
Grading analysis to BS 812, Part 1.
Mechanical properties. Ten percent fines value test to BS 812, Part 3.
Silt, clay and dust fraction in both fine and coarse aggregates decantation method to BS 812,
Part 1.
Specific gravity and water absorption to BS 812, Part .2.
Sodium sulphate soundness test to ASTM, C88.
Alkali aggregate reactivity to ASTM C227 and/or ASTM 289.
Chloride content test to BS 812, Part 4.
Mica content by microscopic examination.
Flakiness and elongation indices to BS 812, Part 1.
Shrinkage test to BRE Digest 35 (2nd series).
Approval of a source of aggregate by the Engineer shall not be construed as constituting the approval
of the materials to be taken from that source and the contractor shall be responsible for the specified
quality of all such materials used in the works. The contractor shall not obtain aggregates from sources,
which have not been approved by the Engineer.
During the course of the contract, the contractor shall supply to the Engineer samples of aggregates
taken in accordance with BS 812 at a frequency of at least once a week, or as directed by the Engineer
from each aggregate stockpile. The samples shall be delivered to the site laboratory for testing under
the supervision of the Engineer. If the routine tests carried out by the Engineer show the aggregates to
be not to the same standard as originally approved, then subsequent testing to obtain acceptable
aggregates shall be undertaken by the contractor at his own cost.
e. Storage
Aggregates shall be stored in separate stockpiles in such a manner that the intermingling of materials
from separate stockpiles or bins is not possible and so as to prevent contamination by mud, rubbish,
windblown dust or vegetation. Aggregate stockpiles shall be provided with adequate drainage to ensure
rapid drainage of the aggregates. The storage arrangements shall be to the approval of the Engineer.
f. Coarse aggregates
Coarse aggregates shall consist of river gravel or natural crushed gravel or rock. If river gravel is used,
the gravel of 5 mm to 20 mm and 20 mm to 40 mm size shall be stacked separately. The different
sizes of coarse aggregates are finally mixed to attain the required gradation as per Table 1.1. The
source (quarry site) of the river gravel and crushed aggregates shall be approved by the Engineer.
Friable and flaky pieces of such aggregates shall be removed to the satisfaction of the Engineer.
26
Table 1.1
PERCENTAGE BY WEIGHT PASSING STANDARD SIEVES
BS 410 Standards
Mesh (mm) 10mm to 5mm 20mm to 5mm 40mm to 5mm
75.0 - - 100
37.5 - 100 95-100
20.0 100 95-100 35-70
10.0 85-100 30-60 10-40
5.0 0-25 0-10 0-5
g. Fine aggregates
Fine aggregate shall consist of natural sand or a mixture of natural sand and crushed gravel or crushed
rock. The Engineer shall permit the addition of crushed gravel or crushed rock fine aggregate to the
natural sand only where in his opinion it is impracticable to obtain the required fine aggregate grading
otherwise than by such addition.
The grading of the fine aggregate shall lie within one of the grading zones as set out in Table 1.2
below and specified in BS 882.
Table 1.2
Percentage by weight passing standard sieves
BS 410 standard mesh Grading zone 1 Grading zone 2 Grading zone 3 Grading zone 4
10.00mm 100 100 100 100
5.00mm 90-100 90-100 90-100 95-100
2.36mm 60-95 75-100 85-100 95-100
1.18mm 30-70 55-90 75-100 90-100
3
600mm- 15-34 35-59 60-79 80-100
300mm-3 5-20 8-30 12-40 15-50
3
150mm- 0-10 0-100 0-10 0-15
Water used in mixing concrete, mortar or grout shall be clean and free from injurious amounts of
oils, acids, alkalis, salts, organic materials or other substances that may be deleterious to concrete
or steel. The water shall be to the approval of the Engineer and in accordance with BS 3148,
including Appendix A thereof.
The contractor shall, at least six weeks prior to the making of the trial mixes, sample the water he
proposes to use and deliver the sample to the Engineer or Inspecting Engineer for testing.
CHEMICALS IN CONCRETE
27
The total sulphate content, whether as gypsum or more soluble salts, of the concrete ingredients when
measured as Sulphur trioxide shall not exceed 4% or the weight of cement in the concrete.
The chloride content of the concrete ingredients when measured as chloride ion shall not exceed o.2% of
the weight of cement in the concrete.
If instructed by the Engineer the contractor shall obtain samples from the concrete for testing, all in
accordance with BS 1881, Part 6. The cost of sampling and transport shall be covered by the contract rates
for concrete.
ADDITIVES
Concrete shall be made from cement, aggregates and water as specified. No other ingredient shall be
mixed with the concrete or mortar without the Engineer's approval.
If the use of retarding or workability agents is approved by the Engineer their use shall be subject to the
following conditions:
There shall be no reduction in characteristic strength at 28 days compared with additive free concrete of
the same grade and class.
There shall be no reduction of minimum cement content specified-and
The use of the admixture shall be strictly in accordance with the manufacture's instructions in respect of
the conditions at the site. Admixtures shall be introduced to the concrete with the aid of an approved
dispenser.
The contractor may use a retarder to facilitate the preparation of construction joints subject to the approval
of the Engineer on the composition of the retarder and its methodof application.
STEEL REINFORCEMENT
a. Quality
Steel for the reinforcement of concrete shall be hot-rolled bars complying with BS 4449.
c. Storage
Reinforcement shall be stored clear of the ground and supported to prevent distortion.
At the time of incorporation in the Works, reinforcement shall be clean and free from defects, oil or grease,
loose mill scale and loose rust, or any other substance, which may adversely affect the steel, concrete or
reduce bond. Bars, which have become bent, shall not be straightened or re-bent for incorporation in the
works without the approval of the Engineer.
28
The concrete used in the works shall be of the grades or classes shown on the drawings or indicated in the
Bill of Quantities or ordered by the Engineer.
The characteristics of the mixes of concrete to be used in the works shall be as given in Table 5.3 unless
otherwise approved by the Engineer.
Maximum sizes of aggregate to be used
Unless shown on the Drawings or given in the Bill of Quantities the maximum size of coarse aggregate in
concrete for any part of the works shall be the largest of the sizes given in table 5.3 the use of which is
practical from the standpoint of satisfactory workability and consolidation of the concrete. The contractor
shall obtain the approval of the Engineer for the maximum size to be used for each section of the works.
Generally, 20 mm aggregate shall be used for sections equal to or less than 350 mm and 10 mm aggregate
for sections equal or less than 125 mm in thickness i.e. the lesser of the dimension of the section.
Compressive strength compliance
The compressive strength of the concrete shall be based on the compression testing of 150 mm concrete
cubes, made and tested in accordance with section 2 of this specification. The compressive strength of the
concrete is specified by the characteristic compressive strength; Table 1.3 lists the values for each grade of
concrete.
The characteristic compressive strength of the concrete is the value of the cube compressive strength, when
tested at an age of 28 days, below which not more than 5% of results shall fall. The concrete in the works
shall be considered to comply with the compressive strength requirements specified in table 1.3 if the 28
day, cube strengths are equaled or exceeded in Table 1.4.
Table 1.3
Classes of Concrete
Concrete grades M25 M20 M15 M10
25/40 25/20 20/40 20/20 15/20 15/40 10/20 10/40
Minimum cement 350 350 290 330 330 240 260 220
content of concrete
(kg/m3)
Maximum cement 425 425 400 400 400 400 400 400
content of concrete
(kg/m3)
Maximum free water- 0.50 0.50 0.50 0.50 0.50 0.55 0.60 0.60
cement ratio
by weight
Table 1.4
Cube strength compliance value
29
Concrete grade Individual cube-result Mean of any four consecutive
(N/sq. mm) cube results
M25 21.2 25+0.82s
M20 17 20+0.82s
M15 12.8 15+0.82s
M10 8.5 10+0.82s
The standard deviation, s in table 1.4, shall be determined from cube results of at least 40 separate batches
of concrete for each concrete grade produced on site from similar materials by the same plant under similar
supervision. When 40 cube results are not available and for the initial mix designs the value of the standard
deviation shall be taken as:
Concrete grade Standard deviation's (N/sq. mm)
M25 9
M20 9
M15 6
M10 4
The concrete represented by a group of four consecutive test cubes shall include the batches from which
samples were taken to make the first and last cubes in the group of four together with all the intervening
batches.
If only one cube result fails to meet the minimum individual cube strength given in Table 1.4 then the result
shall be considered to represent only the particular batch of concrete from which that cube was taken,
provided that the average strength of the group of four results in which the low cube occurs satisfies the
second requirement of Table 1.4.
The action to be taken in respect of the concrete represented by test cubes which fail to meet the
compliance values given in Table 1.4 shall be determined by the Engineer which may range from qualified
acceptance in less severe causes, to rejection and removal.
Workability
Concrete shall be of such consistency that it can be readily worked into the corners and angles of the
formwork and around reinforcement without segregation of the materials or bleeding of free water at the
free surface or against formwork. On stripping the formwork, the concrete shall present a face, which is
uniform, free from honeycombing, surface crazing, or excessive dusting, and which shall not, in the
opinion of the Engineer be inferior to the specified standards.
Workability of the concrete shall be measured by the slump method or other approved method in
accordance with BS 1881, Part 2 and the approval of the Engineer.
Concrete workability shall be as low as practical for the placement and workability and shall be within
the limits given in Table 1.5 unless otherwise approved by the Engineer. The tolerances given in Clause
5.8.40 of BS 8110 shall not apply.
Table 1.5
Range of slump values (mm)
30
Kind of concrete Slump(mm)
Precast concrete 10 to 50
Mass concrete and blinding 25 to 75
Reinforced concrete 50 to 100
13.4. DESIGN
The contractor shall design suitable mixes for each grade of concrete required for the works as shown in
table 1.3. Each grade of concrete shall be designed to a target mean strength of at least;
Concrete grade Target mean strength (N/sq. mm)
M25 25+1.64s
M20 20+1.64s
M15 15+1.64s
M10 10+1.64s
The standard deviation, s, shall be as specified in clause1.12.
For each grade of concrete and well in advance of construction, the Contractor shall submit to the Engineer
for his approval, information as follows:
Full details of tests and trial mixes.
The mix designs with the proposed quantities of constituents per cubic meter of fully compacted
concrete and value of workability.
If the cube results are consistently and significantly in excess of the target mean strength then the
contractor may modify the mix proportions provided the requirements of clause 1.12 are still met and
subject to approval of the Engineer and any additional trial mixes that may be required to be made.
If the cube results are consistently below the target mean strength than the contractor shall cease production
of the relevant class of concrete, investigate the cause of the relative low strength and rectify accordingly to
the satisfaction of Engineer.
Trial mixes
Trial mix design work may he undertaken by the contractor in the site laboratory. At least five weeks
before using any concrete in the works the contractor shall produce and test trial mixes for each grade of
concrete using the same type of construction plant and the same materials as are proposed for the works.
The contractor shall give 24 hours notice .of such trials to enable the Engineer to attend.
For each trial mix of concrete three batches shall be made. Three cubes shall be made form each batch for
testing at 28 days and three cubes made for testing at 7 days.
The trial mix proportions will be approved if the average compressive strength of the nine cubes tested at
28 days exceeds.
The contractor shall not commence placing concrete in the works until the results of the trial mixes are
available and the proposed initial mix designs have been approved by the Engineer. Once the proportions of
the various mixes have been approved, the Contractor shall not vary either the proportion of the mixes or
the source of any constituent material without the approval of the Engineer.
31
Concrete sampling and testing
Sampling and testing shall be in accordance with BS 1881.
The contractor shall establish a system for regular sampling and testing of concrete to the approval of the
Engineer. Samples shall be taken from randomly selected batches of each class of concrete used in the
works, and at approximately equal intervals throughout the placement. Where more than one mixer is in
use, sampling shall be from each mixer in turn. Higher rates of sampling and testing may be used to the
start of the works to establish the quality quickly or during periods of production when quality is in doubt.
The contractor shall provide the necessary equipment, labour and transport for carrying out the sampling
and testing in the site laboratory.
The concrete test cubes shall be stored and tested at the site laboratory under the supervision of the
Engineer.
Records of concrete sampling and testing shall be kept by the contractor and forwarded to the Engineer
within 24 hours of sampling and testing. Samples for testing shall be taken at the point of discharge into the
works.
32
9. Concrete shall not be placed in standing or running water unless specified or approved.
10. The contractor shall obtain the approval of the Engineer of the arrangements he proposes to use for
transporting, placing and compacting concrete.
11. The concrete shall be handled so that at the point of deposition it is of the specified quality and
approved consistency, nothing having been added to it or lost from it since leaving the mixer.
12. Where chutes are used to convey the concrete, their slopes shall not be such as to cause segregation, and
suitable spouts or baffles, shall be provided to prevent segregation during discharge. Concrete shall not be
allowed to fall freely more than 2 m.
13. Ground surfaces, blinding or other concrete shall be surface dry immediately prior to the placement of
new concrete thereon, provided that such joints shall be kept moist for 24 hours prior to concrete
placement. Ground surfaces shall be well damped down prior to placement of concrete thereon. A
mortar layer shall not be used on surfaces of construction joints.
14. In all cases concrete shall be deposited in lifts, layers or sections of such height, thickness and size as
shall suit the dimensions of the work in hand and the method of compaction as to which the Engineer
shall be the judge, but lifts shall not normally exceed 1.5 m for members more than 1.5 m in width.
15. Where steps, splays and kickers occur these shall be cast in one with the slab and additional care shall
be taken during vibration and finishing to ensure that thorough compaction is achieved.
16. All concrete which has reached a temporary set or has become so stiff that proper placing without
tempering cannot be assured, shall not be used.
17. Concrete having required characteristic strengths greater than 10 N/sq. mm shall be compacted by
mechanical vibrator. Vibration shall not be applied by way of the reinforcement and every care shall be
taken to avoid contact with the reinforcement. The contractor shall provide sufficient vibrators, in
serviceable condition, so that standby vibrators are always available in the event of breakdowns. The
number and type of vibrators used on concrete placement shall be to the approval of the Engineer.
18. Where immersion type vibrators are used, they shall have a minimum frequency of vibration of 7,000
revolutions per minute when immersed in the concrete. Form vibrators shall be securely fastened to the
forms and shall operate at speeds of at least 8,000 revolutions per minute when vibrating concrete.
Concrete shall, not be subjected to vibration between it taking its initial set and 24 hours after
compaction. Vibrators shall not be used to move concrete along the forms. Over vibration causing
segregation, surface laitance and leakage thorough formwork shall be avoided.
19. Concrete having required characteristic strengths not greater than 10 N/sq. mm may be compacted by
hand but shall be deposited in layers not exceeding 300mm in thickness and shall be well worked with
special tools and rods until it has settled closely in place and is free from air bubbles.
20. Deposited layers of concrete shall not exceed 0.6 m in depth prior to compaction. Care shall be taken to
ensure that reinforcement projecting from concrete recently placed is not shaken or disturbed.
21. Except where otherwise directed concrete shall not be placed unless the engineer or his representative is
present and has previously examined and approved the positioning, fixing and condition of the
reinforcement and alignment and suitability of the containing surfaces. At least 24 hours notice shall be
given in writing to the Engineer of the placing of concrete and request for approval to concrete.
33
When the (shade) air temperature exceeds 30°C, without taking precautions to the approval of the
Engineer to ensure that the maximum internal temperature of the concrete does not exceed .38°C
during the initial set, and
when the temperature of the formwork or reinforcement exceeds 30°C.
All exposed concrete surfaces shall be kept continuously moist for not less than 7 days after casting, by
watering, by covering with hessian or sacking which shall be kept fully saturated stall times or by other
methods approved by the Engineer.
Curing membranes approved by the Engineer shall be applied in conformity with the manufacturer's
instructions. They shall be applied to unshuttered surfaces as soon as the moisture film has disappeared
from the concrete, but while the surface is still damp and shall incorporate an approved reflecting agent.
Surfaces with applied curing membrane shall be shaded from the sun.
Before any steel reinforcement is embedded in the concrete, any scale, loose rust, oil grease or other
deleterious matter shall be removed. Partially set concrete which may be adhered to the exposed bars
during Concreting operations shall likewise be removed.
When the reinforcement has been placed and is ready for Concreting, it will be inspected by the Engineer
and no concrete shall be placed until the reinforcement has been approved by him. The contractor shall
inform the Engineer at least 24 hours in advance of his intention to have the reinforcement ready for
inspection.
All reinforcement left exposed for future work shall be protected against exposure and corrosion to the
approval of the Engineer.
34
Cover to reinforcement
The cover to reinforcement shall be at least 50 mm unless shown otherwise on the drawings. Cover shall be
maintained by the use of the minimum practical number of purpose made concrete blocks or approved
spacers. Concrete spacer blocks shall be made from cement, sand and small aggregate to match the mix
proportions of the surrounding concrete as far as is practicable to ensure comparable strength, durability
and appearance. The cost of spacer blocks and chairs shall be included in the contract rates for concrete.
Built-in Items
Where pipes, sleeves, water stops or other items are built into concrete, they shall be rigidly secured in
position to prevent movement and shall be free from external coatings which might adversely affect the
bond. The contractor shall take precautions as approved or directed by the Engineer to prevent the
formation of air pockets, voids or other defects whilst the concrete is being placed around built-in items.
35
true, clean arises. Only very minor surface blemishes shall be permitted and there shall be no staining or
discoloring from release agent. Joints between panels shall be arranged as for as possible to coincide with
architectural features or changes in direction of the surface and shall be vertical and horizontal unless
otherwise directed. Joints between slab soffit panels shall be parallel to the supports. If the Engineer
considers it necessary, the surface shall be sack-rubbed to fill small pits and air holes. Sack-rubbing shall be
done as soon as the forms have been removed but after any approval of repairs have been carried out. The
sack rubbing shall be carried out in an approved manner. After surface treatment has been carried out the
specified curing shall continue.
Trowelled
This is a hard-smooth finish for surfaces of concrete paving, tops of walls, copings and uniformed surfaces
or architectural features including precast unit, for surface of beds and slabs to receive thin flexible sheet
and the paving bedded in adhesive and seating for metal items. This finish is required for concrete surfaces
exposed permanently or temporarily to water flow. Finishing shall initially be screeded and floated.
Floating may be performed by use of hard or power driven equipment. Floating shall be started as soon as
the screeded surface has hardened sufficiently and shall be the minimum necessary to produce a uniform
surface free from screed marks. Floating shall continue until a small amount of mortar without excess water
is brought to the surface so as to permit effective trowelling. Trowelling shall not commence until the
moisture film has disappeared and the concrete has hardened sufficiently to prevent excess fine material
from being worked to the surface. The surface shall be trowelled under firm pressure such as will flatten the
sandy mixture of the surface and produce a dense uniform surface free from blemishes and trowel marks.
Finishes of concrete surfaces shall be performed only by skilled workmen and in the presence of the
Engineer.
No extra payment shall be made for finishes to unshuttered concrete surfaces.
13.11. FORMWORKS
a. General
The terms formwork and shuttering shall be interpreted as meaning one and the same thing. Formwork
shall include all temporary or permanent forms required to obtain the profiles and finishes as specified
and shown on the drawings.
False-work shall be interpreted as meaning all temporary or permanent work required to support the
formwork such that it shall remain rigid during the placing and setting of the concrete and such that
dimensional deviations in the finished concrete structure do not exceed the specified limits. All
formwork and false work shall be designed and detailed by the contractor. All designs and details shall
be submitted to the Engineer for approval well in advance of construction.
The Engineer's approval of the formwork shall not relieve the contractor of his responsibilities under the
contract for any damage or injury that might result from any inadequacy in the formwork.
False work shall be designed to withstand the worst combination of self-weight, formwork weight,
formwork forces, reinforcement weight, wet concrete weight, construction and wind loads, together
with all incidental dynamic effects caused by placing, vibrating and compacting the concrete.
36
Joints between sections of formwork shall be sufficiently tight to prevent loss of grout or mortar from
the forms.
Top formwork shall be provided to concrete faces where the slope exceeds one in three unless otherwise
approved by the Engineer.
Reuse of formwork shall be at the discretion of the Engineer having regard to the specified surface
finish.
Prior to the inspection by the Engineer for approval for Concreting the formwork shall be thoroughly
cleaned to remove all dirt, debris and standing water.
Surfaces of the formwork to be in contact with concrete shall be free from adhering foreign matter,
projecting nails and the grooves, splits, and other defects, and shall be treated with an approved non-
staining release agent applied strictly in accordance with the manufacturer's instructions. Release agent
shall not be allowed to come into contact with adjacent concrete or the reinforcing steel.
Temporary openings to facilitate cleaning and inspection shall be provided at the base of column, wall
and deep beam formwork. Formwork for walls and other thin sections of considerable height shall be
provided with openings, to the approval of the Engineer for polishing and compacting the concrete.
When forms have been built and have been prepared ready for Concreting, they will be inspected by the
Engineer and no concrete shall be placed until the forms have been approved by him. In order to avoid
delays in obtaining approval, the contractor shall inform the Engineer, at least 24 hours in advance, of
his intention to have the forms ready for inspection.
b. Tie-bolts etc.
Before placing any concrete, all bolts and the like (if required and which are to be built in) shall be fixed
in their correct positions, and cores and other devices for forming holes, openings, etc. shall be fixed to
the forms. No holes shall be cut in any concrete unless approved by the Engineer. The use of wire ties
for supporting the forms shall not be permitted in concrete walls which are to be subject to water, or
when the finished surface, required as determined by the Engineer, is to be permanently exposed; wire
ties used for other concrete works shall be cut off flush with the concrete surface, after the forms are
removed. In case embedded metal rods are used for holding forms, the rods shall terminate not less than
3 centimeters from the formed surface of the concrete in which the maximum size of aggregate is 40
millimeters.
c. Removal of form work
The Engineer shall be informed in advance when the contractor intends to remove any formwork. The
time at which the formwork is removed shall be the contractor's responsibility.
Formwork shall only be removed with the permission of the Engineer and the work of removing it after
receipt of such permission shall be carried out under the supervision of a competent foreman. Great care
shall be exercised during the removal to avoid shocks to or reversal of stress in the concrete.
Provided the concrete strength is confirmed by tests on cubes stored under the same conditions,
formwork supporting cast in situ concrete in flexure may be removed when the cube strength is 10 N/sq.
mm, or twice the stress to which it will be the subjected, whichever is the greater.
Formwork shall not be removed where unacceptable deflections are likely to result. The contractor shall
supply the Engineer with the necessary calculations in support of the above.
Materials and contractor's equipment shall not be stored on any newly constructed member without the
permission of the Engineer.
In the absence of cube test results, Table 1.6 below shall be followed for the minimum period before
removing formwork from concrete using ordinary Portland cement and admixtures.
Unless soffit formwork has been designed so that it can be removed without disturbing the props, it
shall be retained in position for the minimum period given in Table 1.6 for the removal of the props.
Table 1.6
37
Minimum period before removing formwork.
Where cements other than ordinary Portland are used, or surface temperatures differ significantly from
those shown, the periods may be adjusted at discretion of the Engineer.
Table 1.7
Dimensional deviations in in-situ concrete work
Typical structure Type of deviation Maximum permissible deviation in (mm) for classes of finish
Back Face Screeded Trowelled
Buried concrete in Departure from +25 - +10 -
foundations, alignment and level -10
retaining walls, etc.
Variations in cross sectional +10 - - -
dimensions(l)
Deviation from template +10 - +10 -
in long dimensions (2) -5 -5
Abrupt (3) +10 +10 +5
-5 -5 -5
Exposed concrete in Departure from alignment and - +5
piers, columns level -5 -
retaining walls, etc.
Floor slabs, bridge Variations in cross- sectional - +10 -
decks, waterways, etc. dimensions (1) -5
Deviation from template - +5 +3 +3
in long dimensions (2) -3 -3
Abrupt (3)
38
Departure from +10 - +10
Floor slabs to receive alignment -10 -5
finishes Bridge decks Departure from
etc. longitudinal level - - +10
Departure from trans- - - -5
verse cross sectional tern-plate
Deviation from 3 m.
straight edge on longitudinal - - +10
section -5
Back
Note: The numbers in brackets under the type of deviation refer to:
1. The cross-sectional dimensions of structural members such as walls, columns, beams, etc. where, for
structural or other reasons, it is necessary to keep the tolerances within closer limits than those for
alignment and level.
2. Gradual deviations caused by misalignment or formwork from the dimensions shownon the drawings
and measured for a 3 along template.
3. Offsets and fins caused by displaced or misplaced formwork sheathing, lining or support by loose
knots in forms or by otherwise defective from work.
When pre-cast units are stored, they shall be supported at such positions as will ensure that the
stresses induced in them are always less then the permissible design stresses.
Pre-cast units shall be lifted or supported only at points described in the contract or approved by
the Engineer and shall be handled and placed without impact.
The method of manufacture shall be approved by the Engineer. Each mould for concrete work
which is specified or approved by the Engineer to be pre-cast shall have a different embossed or
recessed identification mark in a position to the approval of the Engineer.
Each pre-cast unit shall be indelibly marked with the date of casting and if they are of symmetrical
section, a clear indication of the face which will be uppermost when the member is in its correct
position in the works. The markings shall be so located that they are not exposed to view when the
member is in its permanent position.
Pre-cast units shall not be disturbed until 28 days after removal form the mould, unless elevated
temperature curing is used.
d. Hydraulic tests
39
A series of hydraulic tests are required to be performed on a territory outlet structure to determine
the as built flow characteristics for final sizing of the orifice plates. At the direction of the
Engineer the contractor should install a territory outlet in stage II at a location determined by the
Engineer and carry out the tests instructed and supervised by the Engineer.
The method of curing shall be approved by the Engineer. At least four hours must elapse from
completion of the placing of concrete before its temperature is raised. The rise in temperature
within any period of 30 minutes shall not exceed 10°C and the maximum temperature attained
shall not exceed 70°C. The rate of subsequent cooling shall not exceed the rate of heating.
The method of curing used shall minimize the loss of moisture from the concrete.
Unless shown otherwise on the Drawings, deviations from the specified dimensions for pre-cast
members shall not exceed the value shown in Table 5.8. If deviations exceed the target value, the
contractor shall take the necessary steps to bring subsequent work within the target. If deviations
exceed the maximum allowable value, the member may be rejected by the Engineer.
TABLE 5.8
Dimensional deviations in pre-cast concrete work
Maximum
Target value (mm) Allowable value (mm)
Length dimension
Upto 3 m. ±5 ±6
3 to 4.5 m. ±7 ±9
4.5 to 6 m. +9 +12
For every additional 6 m. ±5 ±6
Squares of corner
40
If the longer side of a member is taken as a base, then the shorter adjacent side should not vary form the
perpendicular so that the distance between the greatest and shortest dimensions is not exceeded by more
than the following:
Twist
Any corner should not be more than the deviation stated from the plane containing the other three corners.
Maximum
Target value (mm) Allowable value (mm)
Up to 600 mm wide and ±5 ±6
Up to 6 min length ±9 ±12
Flatness
Maximum deviation from a 1.5 m.
straight edge 5 6
b. Construction Joints
Whenever concrete is placed on or against previously placed concrete which has become so hard that the new
concrete cannot be monolithically compacted therewith the resulting place of separation shall be defined as a
construction Joint.
Where the locations of construction joints have not been shown on the drawings then the contractor shall
decide the locations of construction joints to suit the Concreting program. The positions of construction joints
shall be to the approval of the Engineer which shall be obtained before concreting takes place. The contractor
shall submit to the Engineer drawings showing the positions of construction joints. Construction Joints shall
he located so that in conjunction with the program for Concreting, the effects of shrinkage and temperature
are minimized. Construction joints shall he formed in straight lines at right angles to the general direction of
the member and shall take account of shear and other stresses, and as far as is practical shall he located at
points of least shear. Construction joints shall be formed with clean sharp arises.
Construction joints shall be formed using rigid shuttering or other approved method, with Joint lines at
exposed surfaces of concrete being straight and continuous, plumb, level or inclined. Before placing new
concrete against that which has already set, the latter shall he treated carefully to expose the aggregate over
the full section and to leave a sound irregular clean surface free from laitance. Loose and foreign matter
obtained buy green cutting using an air/water jet, by chipping or other approved means.
The cost of forming all construction joints shall be included in the contract rates for concrete including,
where the Engineer requires, a water stop.
c. Contraction Joints
Contraction Joints shall be as located and detailed on the drawings. The joints shall be made by forming with
smooth forms the concrete on the side of the joint and allowing it to set before placing concrete on the other
side of the joint. The concrete surface on the side of each joint shall be given two coats of approved bitumen
before the concrete on the other side of the joint is placed.
d. Expansion Joints
Expansion joints shall be constructed in the locations and to the details shown on the drawings. Performed
joint filter, bond breeder and joint sealing compound, water stops, dowel bares and bitumen coating shall be
placed in the joints in accordance with the drawings and instruction of Engineer.
41
e. Installation of joint sealer
The contractor shall prepare the surfaces of the joint and shall fill or caulk the recess completely with the
joint sealer strictly in accordance with the manufacturer’s instructions. The application of joint sealer shall
not be commenced without the contractor having first obtained the approval of the Engineer.
Where a polysulphide joint sealer is used an approved bond breaker shall be provided between the joint filler
and the sealer.
a. Scope
The Contractor shall furnish and install water stops of polyvinyl chloride in the shape and dimensions specified,
and in the locations as shown on the Drawings, or as directed by the Engineer. For convenience of placement in
forms, a water stop utilizing a split flange may be used; however, prior to placement of final concrete, the split
flange portion shall be jointed in an approved manner such that no concrete or mortar can enter between the two
split portions of the flange.
b. Material
Water stops shall be manufactured by the extrusion process from an electrometric plastic compound, the basic
resin of which is one hundred (100) per cent polyvinyl chloride (PVC). The water stops should be 230 mm wide
and 4-5 mm thick web Maruti MT-108 or equivalent, which shall be dense, homogeneous and free from holes
and other imperfections complying IS8543.
The water stops as described herein shall have the following physical properties:
Care shall be taken when installing the waterstops to ensure that the centres of the waterstops coincide at the
joints. The Contractor shall suitably support and protect the waterstops during the progress of the Works. The
stop-boards on each side of the waterstop shall be accurately wrought to match the profile of the waterstop. The
concrete shall be carefully compacted under and around the waterstop so as to leave no cavities.
42
d. Measurement and Payment
Measurement for payment of waterstops shall be made for the length in metres of waterstops in place,
measured along the centreline of the waterstops, in accordance with the Drawings and accepted by the
Engineer. Payment for waterstop shall be made at the respective unit rates per linear metre for respective item
of the Bill of Quantities, which unit rates shall include all costs of furnishing and placing the waterstop as
described above.
The positions of holes shall be accurately set out and maintained during drilling by strong templates or
other approved means. Where the holes are being drilled in reinforced concrete the locations of
reinforcement shall be ascertained by an approved method in advance of drilling and the hole location shall
be suitably adjusted to avoid the reinforcement.
43
Concreting shall be carried out in alternate blocks. Lifts shall not exceed 1.50 m and shall be poured in 3
layers each starting at the upstream face.
The time interval between lifts shall not be less than two days or in general, more than seven days. If the
period between lifts exceeds ten days the height of the subsequent lift shall not exceed 0.75 m.
At any one time the difference in level between adjacent blocks shall not exceed 4.50 m.
13.19. MEASUREMENT
1. Concrete shall be measured in cubic meters in the final structure to tile hues and levels shown on the
Drawings or as directed by the Engineer. In reinforced concrete the volume occupied by the reinforcement
shall not be deducted.
2. Lean concrete under the structures etc. shall be measured in cubic meters in the final structure to the lines
and levels shown on the Drawings or as directed by the Engineer. Tile concrete mix is to be approved by
the Engineer.
3. Each different grade of concrete shall be measured separately.
4. Reinforcement shall be measured in MT (1000 kg). The weight shall be calculated on the basis of IS 1732
or the relevant AASHTO specification. Wastage overlaps, couplings, spacer bars and annealed steel wire
for binding shall not be measured and the cost of these items shall be deemed to be included in the unit rate
for reinforcement.
13.20. PAYMENT
1. The concrete quantities, measured as provided above, shall be paid for at the Contract unit prices per cubic
or square meter of concrete for the different grades of concrete and the various structural elements.
2. The Contract unit prices for concrete of the various grades shall be considered full and final compensation
to the Contractor for all expenditures incurred in providing and placing the concrete in its final position in
the structure including the cutting of piles to the required level and exposure of reinforcement for casting of
pile caps in case of driven pile foundation to the satisfaction of the Engineer. The unit prices shall also be
deemed to cover all expenditure incurred by the Contractor in testing the concrete as directed and to the
satisfaction of the Engineer.
3. The steel reinforcement quantities measured as provided above, shall be paid for at the Contract unit price
per MT of reinforcement.
The contractor's unit price for steel reinforcement shall be considered full and final compensation to the
Contractor for all expenditures incurred in providing, cutting, bending, placing and fixing the reinforcement
in its final position in the structure to the satisfaction of the Engineer.
14. MASONRY
44
Joints shall not exceed 25 mm thick. The exposed joints shall be pointed flush with the surface of adjacent
stones, or as approved by the Engineer.
Concealed faces shall be finished with natural boulders and the joints filled to give an even durable surface.
No rendering or pointing is required, unless directed by the Engineer.
Parallel face walls up to 300 mm thick shall have a minimum of 1 bond stone per m2. Bond stones shall run
from face to face of the wall.
Masonry shall be carried up evenly and uniformly, no portion being raised more than 1m above another at
any one time. Joints shall be filled as stones are laid. Unfinished masonry shall be steeped back and
immediately before new work is added the previous work shall be thoroughly cleaned.
Hearting shall consist of whole or split stones, with no dimension less than 100 mm Stones shall be
carefully laid, hammered down with a wooden mallet and solidly bedded with mortar, chips and spalls
being inserted to avoid thick beds of joints and mortar.
The conditions governing the laying of masonry in unfavorable weather shall be as specified for concrete in
clause 1.20. Exposed faces of masonry shall be kept moist for ten days after construction.
14.2. TOLERANCE
Masonry shall be carried out to the lines and levels shown on the drawings or as directed by the Engineer.
The tolerances shall be similar to these for concrete as specified in clause 1.30 and presented on Table 1 .7.
14.3. MORTAR
a. Cement
Cement shall be as specified in clause 1.4 hereof.
b. Mortar sand
Sand for mortar shall be furnished by the contractor in accordance with clause 1.5 g of the
concrete specification. Blending sand for mortar may be obtained locally or from other sources,
but the resulting mixture shall comply with British Standard 1200. Stockpiles shall be placed on
boards or metal sheeting and not directly on theground.
c. Water
Water shall be as specified in Clause 1.6 hereof
d. Mortar mixes
Mortar shall, unless otherwise specified, consist of one part Portland cement to three pails of damp
loose mortar sand by volume and sufficient water to produce the required consistency for use. For
increased workability and where approved by the Engineer, hydrated lime putty may be added, but
shall not exceed 25% by volume, of the dry cement.
e. Mixing mortar
Mortar shall be mixed by an approved machine and all tools used for mixing shall be kept clean.
Materials shall first be thoroughly mixed dry and then only sufficient water added to make tile
mortar workable. Only a sufficient quantity of mortar shall be mixed for the immediate needs of
the work.
Each batch shall be used within thirty minutes after mixing or such time as may be determined by
the Engineer, and no partially set mortar shall be used in the work.
f. Use of mortar
Mortar already spread which becomes diluted by rain shall be removed and replaced before
continuing with the work. Masonry shall not be constructed during rains sufficiently heavy or
45
prolonged to wash the mortar from the bricks or stones. Batched mortar shall be protected from
rain and if not so protected shall not be used in the work.
14.4. TRANSPORT
The methods and equipment used for carrying bricks or dressed stones shall be such as will not damage
them.
b. Setting
No personnel or further masonry will be allowed on any section of work before it is fully set to the
satisfaction of the Engineer.
c. Wetting stones
All bricks and stones to be used in masonry with mortar joints shall be moistened with clean water
for three to four hours before they are used, by a method which will ensure that each brick or stone
is thoroughly and uniformly wetted. All bricks and stones shall be free from water adhering to
their surface when they are placed in the masonry.
d. Laying
Stone masonry shall be skillfully built up in uncoursed random rubble stone masonry with fair
face, exposed surfaces provided with Hammer dressed, split boulder, face and corners.
Masonry constructed for a waterway will be of the best standard of workmanship obtainable. The
specified bond shall be maintained at all times.
e. Jointing
Stone Masonry - Joints shall not exceed 25 mm thick. The exposed joints shall be pointed flush
with the surface of adjacent stones, or as approved by the Engineer.
All fair face stone work shall be provided with hammer dressed, split boulder, face and corners
and shall be finished with struck joints, such work being carried out immediately after the laying
of the stone whilst the mortar is still damp. Any extra mortar necessary shall be the same as that
used in the stone work.
g. Pointing of Masonry
In the event of fair faced masonry not being finished with struck joints whilst the mortar is still
damp, pointing may be carried out with tile approval of the Engineer. In this case all joints shall be
raked out to a depth of 20 mm, cleaned free from all loose material and any putlogs filled in. The
area to be pointed shall then be thoroughly soaked before pointing takes place, the mortar used
being to the satisfaction of the Engineer.
46
continuously for at least 4 days, unless otherwise specified by the Engineer. Water used for curing
shall meet the requirements of the specification for water used for mortar. If after the completion
of any stone masonry is out of alignment or not level, or does not confirm to lines and grades
shown on the Drawings, it shall be removed land replaced by the contractor at his expense, unless
the Engineer grants permissions in writing to patch or replace part of the defective area to his
satisfaction.
j. Progress
Masonry shall be carried up regularly and no portion of the work shall be left more than I m. lower
than another. Temporary steps, left during construction, shall be raked back and not toothed.
Straight edges supplied to masons and used for brickwork shall have courses marked on them with
saw cuts, or measuring rods provided, and heights of courses frequently checked so as to keep
them level.
k. Cleanliness
Care shall be taken to keep all masonry free from mud splashing, mortar and bitumen droppings,
etc. and it shall be well cleaned down before being handed over.
14.7. SCAFOLDING
The contractor is responsible for providing, erecting and dismantling and removing safe and adequate
scaffolding where required. Except in the case of 155 mm brick walls only headers will be left out to take
putlogs and these will be sited so as not to affect the strength of the masonry and no two will be adjoining.
47
2. The masonry quantities, measured as provided above, shall be paid for at the Contract unit prices per cubic
meter and the plaster quantities shall be paid per square meter for the different grades.
3. The Contract unit prices for concrete of the various grades shall be considered full and final compensation
to the Contractor for all expenditures incurred in providing and placing the masonry and plaster in its final
position
15.1. GENERAL
This specification covers the requirements for gravel filter to be used in well, infiltration galleries and
drainage filters.
48
17. INSURANCE OF WORKS, DAMAGE OF PROPERTY AND LOSS TO THIRD
PARTY AND ACCIDENT TO WORKMEN.
17.1. GENERAL
The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover as per
Clauses 19 of the Conditions of Contractor from the Start Date to the end of the Defects Liability Period, in
the amounts and deductibles stated in the Contract Data for the following events which are due to the
Contractor's risks:
(a) loss of or damage to the Works, Plant and Materials;
(b) loss of or damage to Equipment
(c) loss of damage to property (except the Works, Plant, Materials, and Equipment) in connection
with the Contract; an
(d) Personal injury of death.
49
Drawings
50
51
52
53
54
Supplementary Information
55
SECTION - VI
Bill of Quantities 1
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in
different locations or in other circumstances which may give rise to different considerations of cost.
Consistent with these requirements, the layout and content of the Bill of Quantities should be as simple
and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of
measurement which have been adopted in the preparation of the Bill of Quantities and which are to be
used for the measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of
the Works which by nature, location, access, timing, or any other special characteristics may give rise to
different methods of construction, or phasing of the Works, or considerations of cost. General items
common to all parts of the works may be grouped as a separate section in the Bill of Quantities.
1
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this section.
56
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work
rates or prices are to be inserted by the Bidder, together with a statement of the conditions under
which the Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid.
The rate to be entered by the Bidder against each basic Day work item should include the
Contractor’s profit, overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price
increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of
such provisional sums often facilitates budgetary approval by avoiding the need to request periodic
supplementary approvals as the future need arises. Where such provisional sums or contingency
allowances are used, the Contract Data should state the manner in which they will be used, and under
whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward,
with provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies
(upward price adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Bidding documents. They should not be included in the final documents.
57
Preamble of Bill of Quantities
A. General
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and Special
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 Project Manager and
valued at the rates and prices bid in the priced Bill of Quantities, where applicable, and
otherwise at such rates and prices as the Project Manager may fix within the terms of the Contract.
3. For any item for which measurement is based on records made before or during construction the records
shall be prepared and agreed between the Engineer and the Contractor. Should the Contractor carry out
such work without the prior agreement of the Engineer, the Engineer may request the Contractor to carry
out investigations to confirm the extent of the work and the quantity of work certified for payment shall
be solely at the Engineer's discretion. The cost of any such investigation shall be borne by the Contractor.
4. The rates and prices bid in the priced Bill of Quantities shall, except as otherwise provided under the
Contract, include all construction equipment, labor, supervision, materials, erection, maintenance,
insurance, profit, taxes, and duties, together with all general risks, liabilities, and obligations set out or
implied in the Contract.
5. A rate or price shall be entered against each item in the priced Bill of Quantities, whether quantities
are stated or not. The cost of items against which the Contractor has failed to enter a rate or price shall
be deemed to 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 nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities. The Specification Clause references where given in the item description of the Bills of
Quantities are for the convenience of bidders and generally refer to the principal relevant- specification
clause but do not necessarily represent the whole of the specification requirements for the work required
within the item. The presence of a Specification clause reference shall not in any way reduce the Bidders
obligation to complete work in accordance with all the requirements of the Specification.
8. Provisional Sums included and so designated in the Bill of Quantities shall be expended in whole or
in part at the direction and discretion of the Project Manager in accordance with the Conditions of
Contract.
9. The method of measurement of completed work for payment shall be in accordance with the
58
Specifications.
10. The abbreviations and symbols used in this Bill of Quantities are:
[Insert as applicable]
B. Day work Schedule
a) General
1. Work shall not be executed on a day work basis except by written order of the Project Manager. Bidders
shall enter basic rates for day work items in the Schedules. These rates shall apply to any quantity of day
work ordered by the Project Manager. Nominal quantities have been indicated against each item of day
work, and the extended total for day work shall, be carried forward as a Provisional Sum to the Summary
Total Bid Amount. Unless otherwise adjusted, payments for day work shall be subject to price adjustment
in accordance with the provisions in the Conditions of Contract.
b) Day work Labor
1. In calculating payments due to the Contractor for the execution of day works, the hours for labor will be
reckoned from the time of arrival of the labor at the job site to execute the particular item of day work to
the time of departure from the job site, but excluding meal breaks and rest periods. Only the time of
classes of labor directly doing work ordered by the Project Manager and are competent to perform such
work will be measured. The time of gangers (charge hands) actually doing work with the gangs will also
be measured but not the time of foremen or other supervisory personnel.
2. The Contractor shall be entitled to payment in respect of the total time that labor is employed on day work,
calculated at the basis rates entered by it in the " SCHEDULE OF DAY WORK RATES: 1. LABOR".
The rates for labor shall be deemed to cover all costs to the Contractor including (but not limited to) i) the
amount of wages paid to such labor, transportation time, overtime, subsistence allowances, ii) any sums
paid to or on behalf of such labor for social benefits in accordance with Nepal law, iii) Contractor's profit,
overheads, superintendence, liabilities and insurance and iv) charges incidental to the foregoing.
c) Day work Equipment
1. The Contractor shall be entitled to payments in respect of Constructional Plant already on site and
employed on day work at the basis rental rates entered by him in the “SCHEDULE OF DAY WORK
RATES:2 EQUIPMENT ”. The said rates shall be deemed to include due and complete allowance for
depreciation, interest, indemnity and insurance, repairs, maintenance, supplies, fuel, lubricant, and other
consumables and all overhead, profit and administrative costs related to the use of such equipment. The
cost of drivers, operators and assistants also shall be included in the rate of the equipment and no
separately payment shall be made for it.
2. In calculating the payment due to the Contractor for Constructional Plant employed on day work, only the
actual number of working hours will be eligible for payment, except that where applicable and agreed with
the Project Manager, the travelling time from the part of the Site where the Construction Plant was located
when ordered by the Project Manager to be employed on day work and the time for return journey there to
shall be included for payment.
d) Day work Materials
1. The Contractor shall be entitled to payment in respect of materials used for day work (except for materials
for which the cost is included in the percentage addition to labor costs as detailed heretofore), at the rates
entered by him in the "SCHEDULE OF DAY WORK RATES: 3 MATERIALS" and shall be deemed to
59
include overhead charges and profit as follows;
(i) the rates for materials shall be calculated on the basis of the invoiced price, freight, insurance,
handling expenses, damage, losses, etc. and shall provide for delivery to store for stockpiling at the
Site.
(ii) the cost of hauling materials for use on work ordered to be carried out as day work, from the store or
stockpile on the Site to the place where it is to be used also shall be include in the same rate.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price
increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of
such provisional sums often facilitates budgetary approval by avoiding the need to request periodic
supplementary approvals as the future need arises. Where such provisional sums or contingency allowances
are used, the SCC should state the manner in which they will be used, and under whose authority (usually
the Project Manager’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other
contractors should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum
with an appropriate brief description. A separate procurement procedure is normally carried out by the
Employer to select such specialized contractors. To provide an element of competition among the Bidders in
respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional sum should be
followed by an item in the Bill of Quantities inviting the Bidder to quote a sum for such amenities, facilities,
attendance, etc.
60
Bill of Quantities
61
bb)
cc) CONDITIONS OF CONTRACT AND
CONTRACT FORMS
62
Table of Clauses
A. General .............................................................................................................................. …………54
1. Definitions.............................................................................................................................................................................. 67
2. Interpretation ...................................................................................................................................................................... 55
3. Language and Law ............................................................................................................................................................. 56
4. Contract Agreement .......................................................................................................................................................... 56
5. Assignment ............................................................................................................................................................................ 56
6. Care and Supply of Documents .................................................................................................................................... 56
7. Confidential Details ........................................................................................................................................................... 57
8. Compliance with Laws ..................................................................................................................................................... 57
9. Joint and Several Liability .............................................................................................................................................. 57
10. Project Manager's Decisions ...................................................................................................................................... 57
11. Delegation ........................................................................................................................................................................... 58
12. Communications .............................................................................................................................................................. 58
13. Subcontracting .................................................................................................................................................................. 58
14. Other Contractors ............................................................................................................................................................ 58
15 Personnel and Equipment ............................................................................................................................................ 58
16. Employer’s and Contractor's Risk ........................................................................................................................... 58
17. Employer’s Risks............................................................................................................................................................. 58
18. Contractor’s Risks .......................................................................................................................................................... 59
19. Insurance ........................................................................................................................................................................... 59
20. Site Investigation Reports .......................................................................................................................................... 60
21. Contractor to Construct the Works......................................................................................................................... 60
22. The Works to Be Completed within intended Completion Date.............................................................. 60
23. Design by contractor and Approval by the Project Manager ..................................................................... 60
24. Safety, Security and Protection of the Environment ...................................................................................... 60
25. Discoveries ........................................................................................................................................................................ 61
26. Possession of the Site ................................................................................................................................................... 61
27. Access to the Site ............................................................................................................................................................ 61
28. Instructions, Inspections and Audits .................................................................................................................... 61
29. Dispute Settlement ........................................................................................................................................................ 61
30. Procedures for Disputes.............................................................................................................................................. 62
B. Staff and Labor ............................................................................................................. …………………..62
31. Forced Labor ...................................................................................................................................................................... 62
32. Child Labor ......................................................................................................................................................................... 62
33. Nondiscrimination and Equal Opportunity ........................................................................................................ 62
B. Time Control ................................................................................................................................ 62
34. Program .............................................................................................................................................................................. 62
35. Extension of the IntendedCompletion Date ........................................................................................................ 63
36. Acceleration ...................................................................................................................................................................... 63
37. Delays Ordered by the Project Manager ............................................................................................................. 63
38. Management Meetings ................................................................................................................................................. 63
39. Early Warning .................................................................................................................................................................. 77
C. Quality Control ......................................................................................................................................77
63
40. Identifying Defects .......................................................................................................................................................... 77
41. Tests ..................................................................................................................................................................................... 77
42. Correction of Defects ..................................................................................................................................................... 78
43. Uncorrected Defects ....................................................................................................................................................... 78
D. Cost Control ...........................................................................................................................................78
44. Contract Price ................................................................................................................................................................... 78
45. Changes in the Contract Price ................................................................................................................................... 78
46. Variations ............................................................................................................................................................................ 78
47. Cash Flow Forecasts ....................................................................................................................................................... 79
48. Payment Certificates ...................................................................................................................................................... 79
49. Payments ............................................................................................................................................................................ 80
50. Compensation Events ………………………………………………………………………………………………….80
51. Tax ..................................................................................................................................................................................... 81
52. Currency ............................................................................................................................................................................. 81
53. Price Adjustment ............................................................................................................................................................ 81
54. Retention ............................................................................................................................................................................ 83
55. Liquidated Damages....................................................................................................................................................... 83
56. Bonus .................................................................................................................................................................................... 84
57. Advance Payment ............................................................................................................................................................ 84
58. Securities ............................................................................................................................................................................. 84
59. Dayworks............................................................................................................................................................................. 85
60. Cost of Repairs ................................................................................................................................................................. 85
F. Force Majeure ......................................................................................................................................85
61. Definition of Force Majeure ........................................................................................................................................ 85
62. Notice of Force Majeure ............................................................................................................................................... 86
63. Duty to Minimize Delay ................................................................................................................................................ 86
64. Consequences of Force Majeure ............................................................................................................................... 86
65. Force Majeure Affecting Subcontractor ................................................................................................................ 87
66. Optional Termination, Payment and Release .................................................................................................... 87
67. Release from Performance.......................................................................................................................................... 87
G. Finishing the Contract ......................................................................................................................88
68. Completion ....................................................................................................................................................................... 88
69. Taking Over ...................................................................................................................................................................... 88
70. Final Account .................................................................................................................................................................... 88
71. Operating and Maintenance Manuals ................................................................................................................... 88
72. Termination ...................................................................................................................................................................... 88
73. Fraud and Corruption................................................................................................................................................... 89
74. Black Listing ...................................................................................................................................................................... 90
75. Payment upon Termination ...................................................................................................................................... 90
76. Property .............................................................................................................................................................................. 91
77. Release from Performance......................................................................................................................................... 91
78. Suspension of DP Loan/Credit/Grant .................................................................................................................. 91
79. Eligibility .............................................................................................................................................................................. 91
80. Project Manager’s Duties and Authorities .......................................................................................................... 92
81. Quarries and Spoil Dumps ........................................................................................................................................ 92
82. Local Taxation .................................................................................................................................................................. 92
64
83. Value Added Tax ............................................................................................................................................................. 92
84. Income Taxes on Staff .................................................................................................................................................. 92
85. Duties, Taxes and Royalties ....................................................................................................................................... 93
86. Member of Government, etc, not Personally Liable ....................................................................................... 93
87. Approval of Use of Explosives .................................................................................................................................. 93
88. Compliance with Regulations for Explosives……...………………………………………………………………79
89. Permission for Blasting ............................................................................................................................................... 93
90. Records of Explosives.................................................................................................................................................. 93
91. Traffic Diversion .............................................................................................................................................................. 94
65
Section VII: General Conditions of Contract
66
General Conditions of Contract
General
1. Definitions 1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount accepted in the Letter of
Acceptance for the execution and completion of the Works and the remedying of
any defects.
(b) The Activity Schedule is a schedule of the activities comprising the
construction, installation, testing, and commissioning of the Works in a lump
sum contract. It includes a lump sum price for each activity, which is used for
valuations and for assessing the effects of Variations and Compensation Events.
(c) The Adjudicator is the person appointed jointly by the Employer and the
Contractor to resolve disputes in the first instance, as provided for in GCC 23.2
hereunder.
(d) Bill of Quantities means the priced and completed Bill of Quantities forming part
of the Bid.
(e) Compensation Events are those defined in GCC 50 hereunder.
(f) The Completion Date is the date of completion of the Works as certified by
the Project Manager, in accordance with GCC 68.1.
(g) The Contract is the Contract between the Employer and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in GCC 2.3
below.
(h) The Contractor is the party whose Bid to carry out the Works has been
accepted by the Employer.
(i) The Contractor’s Bid is the completed bidding document submitted by the
Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated in the Letter of
Acceptance and thereafter as adjusted in accordance with the Contract.
(k) Days are calendar days; months are calendar-months.
(l) Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.
(m) A Defect is any part of the Works not completed in accordance with the
Contract.
(n) The Defects Liability Certificate is the certificate issued by Project Manager
upon correction of defects by the Contractor.
(o) The Defects Liability Period is the period calculated from the Completion Date
where the Contractor remains responsible for remedying defects.
(p) Drawings include calculations and other information provided or approved
by the Project Manager for the execution of the Contract.
(q) The Employer is the party who employs the Contractor to carry out the Works, as
specified in the SCC.
(r) Equipment is the Contractor’s machinery and vehicles brought temporarily to
the Site to construct the Works.
(s) Force Majeure means an exceptional event or circumstance: which is beyond a
67
Party's control; which such Party could not reasonably have provided against before
entering into the Contract; which, having arisen, such Party could not reasonably have
avoided or overcome; and, which is not substantially attributable to the other Party.
(t) The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.
(u) In writing or written means hand written, type written, printed or electronically
made, and resulting in permanent record.
(v) 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 SCC. The Intended Completion Date may be revised only by the Project
Manager by issuing an extension of time or an acceleration order.
(w) Letter of Acceptance means the formal acceptance by the Employer of the Bid
and denotes the formation of the contract at the date of acceptance.
(x) Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
(y) Party means the Employer or the Contractor, as the context requires.
(z) SCC means Special Conditions of Contract
(aa) Plant is any integral part of the Works that shall have a mechanical, electrical,
chemical, or biological function.
(bb) The Project Manager is the person named in the SCC (or any other competent
person appointed by the Employer and notified to the Contractor, to act in replacement
of the Project Manager) who is responsible for supervising the execution of the Works
and administering the Contract.
(cc) Retention Money means the aggregate of all monies retained by the Employer
pursuant to GCC 54.1.
(dd) Schedules means the document(s) entitled schedules, completed by the Contractor
and submitted with the Letter of Bids, as included in the Contract. Such document may
include the Bill of Quantities, data, lists, and schedules of rates and/or prices.
(ee) The Site is the area defined as such in the SCC
(ff) Site Investigation Reports are those that were included in the bidding documents
and are factual and interpretative reports about the surface and subsurface conditions at
the Site.
(gg) Specification means the Specification of the Works included in the Contract
and any modification or addition made or approved by the Project Manager.
(hh) The Start Date is given in the SCC. It is the latest date when the Contractor
shall commence execution of the Works. It does not necessarily coincide with any of
the Site Possession Dates.
(ii) 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.
(jj) Temporary Works are works designed, constructed, installed, and removed by
the Contractor that are needed for construction or installation of the Works.
(kk) A Variation is an instruction given by the Project Manager which varies the
Works
(ll) The Works are what the Contract requires the Contractor to construct, install, and
68
turn over to the Employer, as defined in the SCC.
2. Interpretation
2.1 In interpreting these GCC, singular also means plural, male also means female or
neuter, and the other way around. Headings have no significance. Words have
their normal meaning under the language of the Contract unless specifically
defined. The Project Manager shall provide instructions clarifying queries
about these GCC.
2.2 If sectional completion is specified in the SCC, references in the GCC to the
Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and
Intended Completion Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
(a) Contract Agreement,
(b) Letter of Acceptance,
(c) Letters of Bid,
(d) Special Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities (or Schedules of Prices for lump sum contracts), and
(i) Any other document listed in the SCC as forming part of the Contract.
3. Language and
3.1 The language of the Contract and the law governing the Contract are stated in the
Law SCC.
a. Throughout the execution of the Contract, the Contractor shall comply with the
import of goods and services prohibitions in the Employer’s country when
(a) by an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Borrower’s Country prohibits any import of goods from, or any payments
to, a particular country, person, or entity. Where the borrower’s country
prohibits payments to a particular firm or for particular goods by such an
act of compliance, that firm may be excluded.
4. Contract
4.1 The Parties shall enter into a Contract Agreement within 15 days after the
Agreement Contractor receives the Letter of Acceptance, unless the Special Conditions
establish otherwise. The Contract Agreement shall be based upon the attached
Contract forms in Section IX.
5. Assignment
5.1 Neither Party shall assign the whole or any part of the Contract or any benefit
69
or interest in or under the Contract. However, either Party
(a) may assign the whole or any part with the prior agreement of the other
Party, at the sole discretion of such other Party; and
(b) may, as security in favor of a bank or financial institution, assign its
right to any moneys due, or to become due, under the Contract.
6. Care and Supply
6.1 The Specification and Drawings shall be in the custody and care of the
of Documents Employer. Unless otherwise stated in the Contract, one copy of the Contract and
of each subsequent Drawing shall be supplied to the Contractor, who may make
or request further copies at the cost of the Contractor.
6.2 Each of the Contractor’s Documents shall be in the custody and care of the
Contractor, unless and until taken over by the Employer. Unless otherwise
stated in the Contract, the Contractor shall supply to the Engineer six copies of
each of the Contractor’s Documents.
6.3 The Contractor shall keep, on the Site, a copy of the Contract, publications named
in the Specification, the Contractor’s Documents (if any), the Drawings and
Variations and other communications given under the Contract. The
Employer’s Personnel shall have the right of access to all these documents at
all reasonable times.
6.4 If a Party becomes aware of an error or defect in a document which was
prepared for use in executing the Works, the Party shall promptly give notice to
the other Party of such error or defect.
7. Confidential
7.1 The Contractor’s and the Employer’s Personnel shall disclose all such
Details confidential and other information as may be reasonably required in order to
verify the Contractor’s compliance with the Contract and allow its proper
implementation.
7.2 Each of them shall treat the details of the Contract as private and confidential,
except to the extent necessary to carry out their respective obligations under
the Contract or to comply with applicable Laws. Each of them shall not publish
or disclose any particulars of the Works prepared by the other Party without
the previous agreement of the other Party. However, the Contractor shall be
permitted to disclose any publicly available information, or information
otherwise required to establish his qualifications to compete for other projects.
7.3 Notwithstanding the above, the Contractor may furnish to its Subcontractor(s)
such documents, data and other information it receives from the Employer to
the extent required for the Subcontractor(s) to perform its work under the
Contract, in which event the Contractor shall obtain from such Subcontractor(s)
an undertaking of confidentiality similar to that imposed on the Contractor
under this Clause.
8. Compliance with
8.1 The Contractor shall, in performing the Contract, comply with applicable Laws.
70
Laws
71
of the Contractor be determined to have engaged in corrupt, fraudulent,
collusive, coercive, or other prohibited practices during the execution of the
Works, then that employee shall be removed in accordance with Clause 15.2
above.
16. Employer’s and
16.1 The Employer carries the risks which this Contract states are Employer’s risks,
Contractor's Risk and the Contractor carries the risks which this Contract states are Contractor’s
risks.
17. Employer’s
17.1 From the Start Date until the Defects Liability Certificate has been issued, the
Risks following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage
to property (excluding the Works, Plant, Materials, and Equipment), which are
due to
(i) use or occupation of the Site by the Works or for the purpose of the
Works, which is the unavoidable result of the Works or
(ii) negligence, breach of statutory duty, or interference with any legal
right by the Employer or by any person employed by or contracted
to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of the Employer or in the Employer’s
design, or due to war or radioactive contamination directly affecting the
country where the Works are to be executed.
17.2 From the Completion Date until the Defects Liability Certificate has been issued,
the risk of loss of or damage to the Works, Plant, and Materials is an Employer’s
risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was not itself an
Employer’s risk, or
(c) the activities of the Contractor on the Site after the Completion Date.
18. Contractor’s
18.1 From the Starting Date until the Defects Liability Certificate has been issued, the
Risks risks of personal injury, death, and loss of or damage to property (including,
without limitation, the Works, Plant, Materials, and Equipment) which are not
Employer’s risks are Contractor’s risks.
19. Insurance
19.1 The Contractor shall provide insurance in the joint names of the Employer
and the Contractor from the Start Date to the end of the Defects Liability Period, in
the amounts and deductibles stated in the SCC for the following events which
are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
72
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract; and
(d) Personal injury or death.
19.2 Policies and certificates for insurance shall be delivered by the Contractor to the
Project Manager for the Project Manager’s approval before the Start Date. All
such insurance shall provide for compensation to be payable in the proportions
of Nepalese Rupees required to rectify the loss or damage incurred.
19.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may affect the insurance which the Contractor
should have 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.
19.4 Alterations to the terms of insurance shall not be made without the approval
of the Project Manager.
19.5 Both parties shall comply with any conditions of the insurance policies.
20. Site
20.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation
Investigation Reports referred to in the SCC, supplemented by any information available to
Reports the Contractor.
21. Contractor to
21.1 The Contractor shall construct and install the Works in accordance with the
Construct the Works Specifications and Drawings.
22. The Works to Be
22.1 The Contractor may commence execution of the Works on the Start Date and
Completed within shall carry out the Works in accordance with the Program submitted by the
intended Contractor, as updated with the approval of the Project Manager, and complete
Completion Date them within the intended Completion Date.
23. Design by
23.1 The contractor shall be responsible for the design of permanent works as
contractor and specified in SCC.
Approval by the
23.2 Contractor shall be responsible for design of the Temporary Works. The
Project Manager Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Project Manager, for his approval.
23.3 All Drawings prepared by the Contractor for the execution of the temporary
or permanent Works, shall be subject to prior approval by the Project Manager
before their use.
23.4 The Project Manager’s approval shall not alter the Contractor’s responsibility for
design of temporary works.
24. Safety, Security
24.1 The Contractor shall, throughout the execution, and completion of the works
and Protection of and remedying of any defects therein:
73
the Environment a. Have full regard for the safety of all persons entitled to be upon the site and
keep the site (so as the same is under his control) and the works (so far as
the same are not completed or occupied by the Employer) in an orderly
state appropriate to the avoidance of danger to such persons.
b. Provide and maintain at his own cost all lights, guards, fencing, warning signs
and watching, when necessary or required by the Project Manager or by any
duly constituted authority, for the protection of the Works of for the safety
and convenience of the public or others.
c. Take all reasonable steps to protect the environment on and off the site and
to avoid damage or nuisance to persons
or to property of the public or others resulting from pollution, noise or other
causes arising as a consequence of his methods of operation.
d. Ensure that any cut or fill slopes are planted in grass or other plant cover as
soon as possible to protect them from erosion.
e. Any spoil or material removed from drains shall be disposed of to designated
stable tipping areas as directed by the Project Manager.
f. Shall not use fuel wood as a means of heating during the processing or
preparation of any materials forming part of the works.
g. The Project Manager shall have the power to disallow any working
practice or activity of the Contractor or direct that such practices or activities
be modified should the Project Manager consider, on the advice of the
relevant Government Departments, that the practices or activities will be
harmful to wildlife.
h. Provide on the Site such lifesaving apparatus as may be appropriate and
an adequate and easily accessible first aid outfit or such outfits as may be
required by any government ordinance, factory act, etc., subsequently
published and amended from time to time.
25. Discoveries
25.1 Anything of historical or other interest or of significant value unexpectedly
discovered on the Site shall be the property of the employer. The Contractor shall
notify the Project Manager of such discoveries and carry out the Project Manager’s
instructions for dealing with them.
26. Possession of
26.1 The Employer shall give possession of all parts of the Site to the Contractor. If
the Site possession of a part is not given by the date stated in the SCC, the Employer shall
be deemed to have delayed the start of the relevant activities, and this shall be a
Compensation Event.
27. Access to the
27.1 The Contractor shall allow the Project Manager and any person authorized by
Site the Project Manager access to the Site and to any place where work in
connection with the Contract is being carried out or is intended to be carried
out.
28.Instructions,
28.1 The Contractor shall carry out all instructions of the Project Manager which
74
Inspections and comply with the applicable laws where the Site is located.
Audits 28.2 The Contractor shall keep, and shall make all reasonable efforts to cause its
Subcontractors and sub consultants to keep accurate and systematic accounts
and records in respect of the Works in such form and details as will clearly
identify relevant time changes and costs.
28.3 The Contractor shall permit the GoN/DP and/or persons appointed by the
GoN/DP to inspect the Site and/or the accounts and records of the Contractor
and its sub-contractors relating to the performance of the Contract, and to have
such accounts and records audited by auditors appointed by the GoN/DP if
required by the GoN/DP. The Contractor’s attention is drawn to Sub-Clause 73.2
which provides, inter alia, that acts intended to materially impede the exercise of
the GoN’s/DP’s inspection and audit rights provided for under this Sub-Clause
constitute a obstructive practice subject to contract termination.
29. Dispute 29.1 The Employer and the Contractor shall attempt to settle amicably by direct
Settlement negotiation any disagreement or dispute arising between them under or in
connection with the Contract.
29.2 Any dispute between the Parties as to matters arising pursuant to this Contract
which cannot be settled amicably within thirty (30) days after receipt by one
Party of the other Party‘s request for such amicable settlement may be
referred to Arbitration within 30 days after the expiration of amicable
settlement period.
30. Procedures for
30.1 In case of arbitration, the arbitration shall be conducted in accordance with the
Disputes
arbitration procedures published by the Nepal Council of Arbitration (NEPCA)
at the place given in the SCC.
B. Staff and Labor
31. Forced Labor
31.1 The Contractor shall not employ forced labor, which consists of any work or
service, not voluntarily performed, that is exacted from an individual under
threat of force or penalty. This covers any kind of involuntary or compulsory
labor, such as indentured labor, bonded labor, or similar labor–contracting
arrangements.
32. Child Labor
32.1 The Contractor shall not employ children in a manner that is economically
exploitative, or is likely to be hazardous, or to interfere with, the child's
education, or to be harmful to the child's health or physical, mental, spiritual,
moral, or social development. Where national laws have provisions for
employment of minors, the Contractor shall follow those laws applicable to the
Contractor. Children below the age of 18 years shall not be employed in
dangerous work.
33.Non-
34.1 The Contractor shall not make employment decisions on the basis of personal
discrimination and characteristics unrelated to inherent job requirements. The Contractor shall
base the employment relationship on the principle of equal opportunity and
75
Equal Opportunity fair treatment, and shall not discriminate with respect to aspects of the
employment relationship, including recruitment and hiring, compensation
(including wages and benefits), working conditions and terms of employment,
access to training, promotion, termination of employment or retirement, and
discipline. In countries where national law provides for non-discrimination in
employment, the Contractor shall comply with national law. When national
laws are silent on nondiscrimination in employment, the Contractor shall meet
this Sub clause's requirements. Special measures of protection or assistance to
remedy past discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed discrimination.
Time Control
34. Program
34.1 Within the time stated in the SCC, after the date of the Letter of Acceptance,
the Contractor shall submit to the Project Manager for approval a Program
showing the general methods, arrangements, order, and timing for all the activities
in the Works. In the case of a lump sum contract, the activities in the Program
shall be consistent with those in the Activity Schedule.
34.2 An update of the Program shall be a program showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of
the remaining work, including any changes to the sequence of the activities.
34.3 The Contractor shall submit to the Project Manager for approval an updated
Program at intervals no longer than the period stated in the SCC. If the
Contractor does not submit an updated Program within this period, the Project
Manager may withhold the amount stated in the SCC from the next payment
certificate and continue to withhold this amount until the next payment after
the date on which the overdue Program has been submitted. In the case of a lump
sum contract, the Contractor shall Provide an updated Activity Schedule within 15
days of being instructed to by the Project Manager.
34.4 The Project Manager’s approval of the Program shall not alter the Contractor’s
obligations. The Contractor may revise the Program and submit it to the
Project Manager again at any time. A revised Program shall show the effect of
Variations and Compensation Events.
35. Extension of the
35.1 The Project Manager shall extend the Intended Completion Date if a
Intended Completion Compensation Event occurs or a Variation is issued which makes it
Date impossible for Completion to be achieved by the Intended Completion Date
without the Contractor taking steps to accelerate the remaining work, which
would cause the Contractor to incur additional cost.
35.2 The Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the
Project Manager for a decision upon the effect of a Compensation Event or
Variation and submitting full supporting information at least 21 days prior to
the intended completion date. If the Contractor has failed to give early warning of
a delay or has failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended Completion
76
Date.
36. Acceleration
36.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager shall obtain priced proposals for
achieving the necessary acceleration from the Contractor. If the Employer
accepts these proposals, the Intended Completion Date shall be adjusted
accordingly and confirmed by both the Employer and the Contractor.
36.2 If the Contractor’s priced proposals for acceleration are accepted by the
Employer, they are incorporated in the Contract Price and treated as a Variation.
37. Delays Ordered
37.1 The Project Manager may instruct the Contractor to delay the start or progress
by the Project of any activity within the Works.
Manager
38. Management
38.1 Either the Project Manager or the Contractor may require the other to attend a
Meetings management meeting. The business of a management meeting shall be to review
the plans for remaining work and to deal with matters raised in accordance with
the early warning procedure.
38.2 The Project Manager shall record the business of management meetings and
provide copies of the record to those attending the meeting and to the Employer.
The responsibility of the parties for actions to be taken shall be decided by the
Project Manager either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
39. Early Warning
39.1 The Contractor shall warn the Project Manager at the earliest opportunity of
specific likely future events or circumstances that may adversely affect the
quality of the work, increase the Contract Price, or delay the execution of the
Works. The Project Manager may require the Contractor to provide an estimate
of the expected effect of the future event or circumstance on the Contract
Price and Completion Date. The estimate shall be provided by the Contractor
as soon as reasonably possible.
39.2 The Contractor shall cooperate with the Project Manager 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 Project Manager.
C. Quality Control
40. Identifying
40.1 The Project Manager shall check the Contractor’s work and notify the Contractor of
Defects any Defects that are found. Such checking shall not affect the Contractor’s
responsibilities. The Project Manager may instruct the Contractor to search for
a Defect and to uncover and test any work that the Project Manager considers may
have a Defect.
41. Tests
41.1 If the Project Manager 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,
77
the test shall be a Compensation Event.
42. Correction of
42.1 The Project Manager shall give notice to the Contractor of any Defects before
Defects the end of the Defects Liability Period, which begins at Completion, and is
defined in the SCC. The Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
42.2 Every time notice of a Defect is given, the Contractor shall correct the notified
Defect within the length of time specified by the Project Manager’s notice.
43. Uncorrected
43.1 If the Contractor has not corrected a Defect within the time specified in the
Defects Project Manager’s notice, the Project Manager shall assess the cost of having
the Defect corrected, and the Contractor shall pay this amount.
D. Cost Control
44. Contract Price
44.1 In the case of a Unit Rate contract, the Bill of Quantities shall contain priced
items for the Works to be performed by the Contractor. The Bill of Quantities is
used to calculate the Contract Price. The Contractor will be paid for the quantity
of the work accomplished at the rate in the Bill of Quantities for each item.
44.2 In the case of a lump sum contract, the Activity Schedule shall contain the priced
activities for the Works to be performed by the Contractor. The Activity Schedule is
used to monitor and control the performance of activities on which basis the
Contractor will be paid. If payment for Materials on Site shall be made
separately, the Contractor shall show delivery of Materials to the Site separately
on the Activity Schedule.
45. Changes in the
45.1 In the case of an Unit Rate contract:
Contract Price
(a) If the final quantity of the work done differs from the quantity in the Bill of
Quantities for the particular item by more than 25 percent, provided the
change exceeds 2 percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change.
(b) The Project Manager shall not adjust rates from changes in quantities if
thereby the Initial Contract Price is exceeded by more than 10 percent,
except with the prior approval of the Employer.
(c) If requested by the Project Manager, the Contractor shall provide the Project
Manager with a detailed cost breakdown of any rate in the Bill of Quantities.
45.2 In the case of a lump sum contract, the Activity Schedule shall be amended by the
Contractor to accommodate changes of Program or method of working made at
the Contractor’s own discretion. Prices in the Activity Schedule shall not be
altered when the Contractor makes such changes to the Activity Schedule.
46. Variations
46.1 All Variations shall be included in updated Programs, and, in the case of a lump
sum contract, also in the Activity Schedule, produced by the Contractor.
46.2 The Contractor shall provide the Project Manager with a quotation for
carrying out the Variation when requested to do so by the Project Manager.
78
The Project Manager shall assess the quotation, which shall be given within
seven (7) days of the request or within any longer period stated by the
Project Manager and before the Variation is ordered.
46.3 If the Contractor’s quotation is unreasonable, the Project Manager may order
the Variation and make a change to the Contract Price, which shall be based on
the Project Manager’s own forecast of the effects of the Variation on the
Contractor’s costs.
46.4 If the Project Manager decides that the urgency of varying the work would
prevent a quotation being given and considered without delaying the work, no
quotation shall be given and the Variation shall be treated as a Compensation
Event.
46.5 The Contractor shall not be entitled to additional payment for costs that could
have been avoided by giving early warning.
46.6 In the case of an Unit Rate contract, if the work in the Variation corresponds to
an item description in the Bill of Quantities and if, in the opinion of the Project
Manager, the quantity of work above the limit stated in GCC 45.1 or the timing of
its execution do not cause the cost per unit of quantity to change, the rate in the
Bill of Quantities shall be used to calculate the value of the Variation. If the cost
per unit of quantity changes, or if the nature or timing of the work in the Variation
does not correspond with items in the Bill of Quantities, the quotation by the
Contractor shall be in the form of new rates for the relevant items of work.
47. Cash Flow
47.1 When the Program, or, in the case of a lump sum contract, the Activity
Forecasts Schedule, is updated, the Contractor shall provide the Project Manager with an
updated cash flow forecast.
48. Payment
48.1 The Contractor shall submit to the Project Manager monthly statements of the
Certificates estimated value of the work executed less the cumulative amount certified
previously.
48.2 The Project Manager shall check the Contractor’s monthly statement and certify
the amount to be paid to the Contractor within 30 days of submission by
contractor.
48.3 The value of work executed shall be determined by the Project Manager.
48.4 The value of work executed shall comprise:
(a) In the case of an Unit Rate contract, the value of the quantities of work
in the Bill of Quantities that have been completed; or
(b) In the case of a lump sum contract, the value of work executed shall
comprise the value of completed activities in the Activity Schedule.
48.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
48.6 The Project Manager may exclude any item certified in a previous certificate or
79
reduce the proportion of any item previously certified in any certificate in the
light of later information.
49. Payments
49.1 Payments shall be adjusted for deductions for advance payments and retention.
The Employer shall pay the Contractor the amounts certified by the Project
Manager within 30 days of the date of each certificate. If the Employer makes a
late payment, the Contractor shall be paid interest as indicated in the SCC on the
late payment in the next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when the late payment
is made.
49.3 Items of the Works for which no rate or price has been entered in BOQ shall not be
paid for by the Employer and shall be deemed covered by other rates and prices in
the Contract.
50. Compensation
50.1 The following shall be Compensation Events:
Events
(a) The Employer does not give access to a part of the Site by the Site Possession
Date pursuant to GCC 26.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that
affects the work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue Drawings,
Specifications, or instructions required for execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover or to carry out
additional tests upon work, which is then found to have no Defects.
(e) The Project Manager unreasonably does not approve a subcontract to be
let.
(f) Ground conditions are substantially more adverse than could reasonably
have been assumed before issuance of the Letter of Acceptance from the
information issued to bidders (including the Site Investigation Reports),
from information available publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with an unforeseen
condition, caused by the Employer, or additional work required for safety or
other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does
not work within the dates and other constraints stated in the Contract,
80
and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s Risks.
(k) The Project Manager unreasonably delays issuing a Certificate of
Completion.
50.2 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 shall be extended. The
Project Manager 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.
50.3 As soon as information demonstrating effect of each Compensation Event upon
the Contractor’s forecast cost has been provided by the Contractor, it shall be
assessed by the Project Manager, and the Contract Price shall be adjusted
accordingly. If the Contractor’s forecast is deemed unreasonable, the Project
Manager shall adjust the Contract Price based on the Project Manager’s own
forecast. The Project Manager shall assume that the Contractor shall react
competently and promptly to the event.
50.4 The Contractor shall not be entitled to compensation to the extent that
the Employer’s interests are adversely affected by the Contractor’s
not having given early warning or not having cooperated with the Project
Manager.
51. Tax
51.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other
levies are changed between the date 30 days before the submission of bids for
the Contract and the date of the last Completion certificate. The adjustment shall
be the change in the amount of tax payable by the Contractor, provided such
changes are not already reflected in the Contract Price or are a result of GCC 53.
52. Currency
52.1 The currency of Contracts shall be Nepalese Rupees.
53. Price 53.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided
Adjustment for in the SCC. If so provided, the amounts certified in each payment certificate,
before deducting for Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts due.
53.2 Adjustment Formulae2: The formulae will be of the following general type:
𝐿𝑛 𝑀𝑛 𝐸𝑛
𝑝𝑛 = 𝐴 + 𝑏 + 𝑐 + 𝑑 + 𝑒𝑡𝑐.
𝐿𝑜 𝑀𝑜 𝐸𝑜
2
For complex Works involving several types of construction work with different inputs, a family of
Formulae will be necessary. The various items of Day work may also require different formulae, depending
on the nature and source of the inputs
81
Where:
pn is a price adjustment factor to be applied to the amount for the payment
of the work carried out in the subject month, determined in accordance with
Clause 49;
A is a constant, specified in the Bidding Forms- Table of Price Adjustment data,
representing the nonadjustable portion in contractual payments;3b, c, d, etc.,
coefficients representing the estimated proportion of each cost element (labor,
materials, equipment usage, etc.) in the Works or sections thereof, net of
Provisional Sums, as specified in the SCC;
Ln, Mn, En, etc., are the current cost indices or reference prices of the cost elements
for month “n,” determined pursuant to Sub-Clause 53.4, applicable to each cost
element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices corresponding to
the above cost elements at the date specified in Sub-Clause 53.4
53.3 Sources of Indices and Weightings: The sources of indices shall be those
listed in the Bidding Forms- Table of Price Adjustment data, as approved by
the Project Manager and stated in SCC. Indices shall be appropriate for their
purpose and shall relate to the Contractor’s proposed source of supply of
inputs on the basis of which his Contract shall have been computed. As the
proposed basis for price adjustment, the Contractor shall have submitted with
his bid the tabulation of Weightings and Source of Indices in the Bidding
Forms, which shall be subject to approval by the Project Manager.
53.4 Base, Current and Provisional Indices: The base cost indices or prices shall be
those prevailing on the day 30 days prior to the latest date for submission of
bids. Current indices or prices shall be those prevailing on the day 30 days
prior to the last day of the period to which a particular Interim Payment
Certificate is related. If at any time the current indices are not available,
provisional indices as determined by the Project Manager will be used, subject
to subsequent correction of the amounts paid to the Contractor when the
current indices become available.
53.5 Weightings: The weightings for each of the factors of cost given in the Bidding
Forms shall be adjusted if, in the opinion of the Project Manager, they have
been rendered unreasonable, unbalanced or inapplicable as a result of varied
or additional work already executed or instructed under Clause 46 or for any
other reason.
53.6 Where, price adjustment provision is not applicable pursuant to Sub-clause 53.1
then the Contract is subject to price adjustment only for construction material
3
Insert a figure for factor A only where there is a part of the Contractors’ expenditures which will not be
subject to fluctuation in cost or to compensate for the unreliability of some indices. A should normally be
0.15. The sum of A, b, c, d, etc., should be one.
82
in accordance with this clause. If the prices of the construction materials
stated in the contract is increased or decreased in an unexpected manner in
excess of ten (10%) percent in comparison to the base price construction
material stated in Section –IV, Bidding Forms-Table of Price Adjustment
Data, then the price adjustment for the increase or decrease of price of the
construction material beyond 10% shall be made by applying the following
formulas:
For unexpected increase in price
P =[R1 -(R0 ×1.10)]× Q
For unexpected decrease in price P
= [R1 -(R0 ×0.90)]× Q
Where:
“P” is price adjustment amount
“R1” is the present price of the construction material (Source of indices shall be
those listed in the Bidding forms)
“R0” is the base price of the construction material
“Q” is quantity of the construction material consumed in construction during the
period of price adjustment consideration If the Base price and source is to be
proposed by the Bidder as per the provision made in Section –IV, Bidding
Forms-Table of Price Adjustment Data then the Base price and source
filled by Bidder for the construction material stated in the Bidding Form
shall be subject to the approval of the Project manager and shall be as
stated in SCC..
53.7 The Price Adjustment amount shall be limited to a maximum of the initial Contract
Amount as specified in the SCC.
53.8 The Price Adjustment provision shall not be applicable for delayed period if
the contract is not completed in time due to the delay caused by the contractor
or the contract is a Lump sum Contract
54. Retention
54.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the SCC until Completion of the whole of the Works.
54.2 Upon the issue of a Defects Liability Certificate by the Project Manager, in
accordance with GCC 70.1, half the total amount retained shall be repaid to
the Contractor and half when the Contractor has submitted the evidence of
submission of tax return to the concerned Internal Revenue Office. On
completion of the whole works, the Contractor may substitute retention money
with an “on demand” bank guarantee.
55. Liquidated
55.1 The Contractor shall pay liquidated damages to the Employer at the rate per day
Damages
stated in the SCC for each day that the Completion Date is later than the Intended
83
Completion Date. The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall not affect
the Contractor’s liabilities.
55.2 If the Intended Completion Date is extended after liquidated damages have
been paid, the Project Manager shall correct any overpayment of liquidated
damages by the Contractor by adjusting the next payment certificate. The
Contractor shall be paid interest on the overpayment, calculated from the date
of payment to the date of repayment, at the rates specified in GCC.49
56. Bonus
56.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day
stated in the SCC for each day (less any days for which the Contractor is
paid for acceleration) that the Completion is earlier than the Intended
Completion Date. The Project Manager shall certify that the Works are complete,
although they may not be due to be complete.
57. Advance
57.1 The Employer shall make advance payment to the Contractor of the amounts
Payment stated in the SCC in two equal installments by the date stated in the SCC,
against provision by the Contractor of an unconditional bank guarantee from
Commercial Bank or Financial Institution eligible to issue Bank Guarantee as
per prevailing Law in a form acceptable to the Employer in amounts equal to
the advance payment. The guarantee shall remain effective until the advance
payment has been repaid, but the amount of the guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest shall
not be charged on the advance payment.
57.2 The Contractor is to use the advance payment only to pay for Equipment, Plant,
Materials, and mobilization expenses required specifically for execution of the
Contract. The Contractor shall demonstrate that advance payment has been used
in this way by supplying copies of invoices or other documents to the Project
Manager.
57.3 The advance payment shall be repaid by deducting proportionate amounts, as
stated in SCC, from payments otherwise due Contractor, following the
schedule of completed percentages of the Works on a payment basis. No
account shall be taken of the advance payment or its repayment in assessing
valuations of work done, Variations, price adjustments, Compensation Events,
Bonuses, or Liquidated Damages.
58. Securities
58.1 The Performance Security, including any additional security required as per
ITB 32.5 and ITB 37.1, shall be provided to the Employer no later than the
date specified in the Letter of Acceptance and shall be issued in an amount
specified in the SCC, by a Commercial Bank or Financial Institution eligible
to issue Bank Guarantee as per prevailing Law acceptable to the Employer,
and denominated in Nepalese Rupees. The Performance Security shall be valid
until a date 30 days from the date of issue of the Defect Liability Certificate in the
84
case of a bank guarantee.
Any additional performance security required as per ITB 32.5 shall be valid until
a date 30 days from the date of issue of the certificate of Completion in the case
of a bank guarantee.
Any additional performance security required as per ITB 37.1 shall be valid until
a date 30 days from the date of issue of the certificate of DLP in the case of a
bank guarantee.
58.2 The performance security issued by any foreign Bank outside Nepal must
be counter guaranteed by an Commercial Bank or Financial Institution eligible
to issue Bank Guarantee as per prevailing Law in Nepal.
59. Day works
59.1 If applicable, the Day works rates in the Contractor’s Bid shall be used for
small additional amounts of work only when the Project Manager has given
written instructions in advance for additional work to be paid for in that way.
59.2 All work to be paid for as Day works shall be recorded by the Contractor on
forms approved by the Project Manager. Each completed form shall be
verified and signed by the Project Manager within two days of the work being
done.
59.3 The Contractor shall be paid for Day works subject to obtaining signed Day works
forms.
60. Cost of Repairs
60.1 Loss or damage to the Works or Materials to be incorporated in the Works
between the Start Date and the end of the Defects Correction periods shall be
remedied by the Contractor at the Contractor’s cost if the loss or damage
arises from the Contractor’s acts or omissions.
F. Force Majeure
61. Definition of
61.1 In this Clause, “Force Majeure” means an exceptional event or circumstance,
Force Majeure
(a) which is beyond a Party’s control;
(b) which such Party could not reasonably have provided against before
entering into the Contract;
(c) which, having arisen, such Party could not reasonably have avoided or
overcome; and
(d) which is not substantially attributable to the other Party.
61.2 Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d) above
are satisfied:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign
enemies;
(b) rebellion, terrorism, sabotage by persons other than the Contractor’s
85
Personnel, revolution, insurrection, military or usurped power, or civil
war;
(c) riot, commotion, disorder, strike or lockout by persons other than the
Contractor’s Personnel;
(d) munitions of war, explosive materials, ionizing radiation or
contamination by radio-activity, except as may be attributable to the
Contractor’s use of such munitions, explosives, radiation or radio-
activity; and
(e) natural catastrophes such as earthquake, hurricane, typhoon or volcanic
activity.
62. Notice of Force
62.1 If a Party is or will be prevented from performing its substantial obligations
Majeure under the Contract by Force Majeure, then it shall give notice to the other
Party of the event or circumstances constituting the Force Majeure and shall
specify the obligations, the performance of which is or will be prevented. The
notice shall be given within 14 days after the Party became aware, or should
have become aware, of the relevant event or circumstance constituting Force
Majeure.
62.2 The Party shall, having given notice, be excused performance of its obligations
for so long as such Force Majeure prevents it from performing them.
62.3 Notwithstanding any other provision of this Clause, Force Majeure shall not
apply to obligations of either Party to make payments to the other Party under
the Contract.
63. Duty to Minimize
63.1 Each Party shall at all times use all reasonable endeavors to minimize any delay
Delay in the performance of the Contract as a result of Force Majeure.
63.2 A Party shall give notice to the other Party when it ceases to be affected by the
Force Majeure.
64. Consequences of
64.1 If the Contractor is prevented from performing its substantial obligations under
Force Majeure the Contract by Force Majeure of which notice has been given under GCC 62,
and suffers delay and/or incurs Cost by reason of such Force Majeure, the
Contractor shall be entitled subject to GCC 30 to
(a) an extension of time for any such delay, if completion is or will be
delayed, under GCC35 ; and
(b) if the event or circumstance is of the kind described in sub-paragraphs
(a) to (d) of GCC 61.2 and, in the case of subparagraphs (b) to (d), occurs
in the Country, payment of any such Cost, including the costs of rectifying
or replacing the Works and/or Goods damaged or destructed by Force
86
Majeure, to the extent they are not indemnified through the insurance
policy referred to in GCC 19.
64.2 After receiving this notice, the Project Manager shall proceed in accordance
with GCC 10 to agree or determine these matters.
65. Force Majeure
65.1 If any Subcontractor is entitled under any contract or agreement relating to the
Affecting Works to relief from force majeure on terms additional to or broader than
Subcontractor those specified in this Clause, such additional or broader force majeure events
or circumstances shall not excuse the Contractor’s nonperformance or entitle
him to relief under this Clause.
66.Optional
66.1 If the execution of substantially all the Works in progress is prevented for a
Termination, continuous period of 90 days by reason of Force Majeure of which notice has
Payment and been given under GCC 62, or for multiple periods which total more than 150
Release days due to the same notified Force Majeure, then either Party may give to the
other Party a notice of termination of the Contract. In this event, the
termination shall take effect 7 days after the notice is given, and the Contractor
shall proceed in accordance with GCC 72.5.
66.2 Upon such termination, the Project Manager shall determine the value of the
work done and issue a Payment Certificate, which shall include
(a) the amounts payable for any work carried out for which a price is stated
in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which have been
delivered to the Contractor, or of which the Contractor is liable to accept
delivery: this Plant and Materials shall become the property of (and be at
the risk of) the Employer when paid for by the Employer, and the
Contractor shall place the same at the Employer’s disposal;
(c) other Costs or liabilities which in the circumstances were reasonably and
necessarily incurred by the Contractor in the expectation of completing
the Works;
(d) the Cost of removal of Temporary Works and Contractor’s Equipment
from the Site and the return of these items to the Contractor’s works in
his country (or to any other destination at no greater cost); and
(e) the Cost of repatriation of the Contractor’s staff and labor employed
wholly in connection with the Works at the date of termination.
67. Release from 67.1 Notwithstanding any other provision of this Clause, if any event or
Performance circumstance outside the control of the Parties (including, but not limited to,
Force Majeure) arises, which makes it impossible or unlawful for either or
both Parties to fulfill its or their contractual obligations or which, under the
87
law governing the Contract, entitles the Parties to be released from further
performance of the Contract, then upon notice by either Party to the other
Party of such event or circumstance,
(a) the Parties shall be discharged from further performance, without
prejudice to the rights of either Party in respect of any previous breach
of the Contract; and
(b) the sum payable by the Employer to the Contractor shall be the same as
would have been payable under GCC 66 if the Contract had been
terminated under GCC 66.
G. Finishing the Contract
68. Completion
68.1 The Contractor shall request the Project Manager to issue a certificate of
Completion of the Works, and the Project Manager shall do so upon deciding that
the work is completed.
68.2 In addition to the other provisions, before acceptance of the completed works,
Employer shall verify and assure that such works are within the set objective,
quality and appropriate to operate and use.
69. Taking Over
69.1 The Employer shall take over the Site and the Works within seven days of
the Project Manager’s issuing a certificate of Completion.
70. Final Account
70.1 The Contractor shall supply the Project Manager with a detailed account of the
total amount that the Contractor considers payable under the Contract before the
end of the Defects Liability Period. The Project Manager shall issue a Defects
Liability Certificate and certify any final payment that is due to the Contractor
within 60 days of receiving the Contractor’s account if it is correct and complete.
If it is not, the Project Manager shall issue within 60 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 Project
Manager shall decide on the amount payable to the Contractor and issue a
payment certificate.
71. Operating and
71.1 If “as built” Drawings and/or operating and maintenance manuals are required,
Maintenance the Contractor shall supply them by the dates stated in the SCC.
Manuals
71.2 If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the SCC pursuant to GCC 71.1, or they do not receive the Project
Manager’s approval, the Project Manager shall withhold the amount stated in
the SCC from payments due to the Contractor.
72. Termination
72.1 The Employer may terminate the Contract at any time if the contractor;
a. does not commence the work as per the Contract,
b. abandons the work without completing,
c. fails to achieve progress as per the Contract.
72.2 The Employer or the Contractor may terminate the Contract if the other party
88
causes a fundamental breach of the Contract.
72.3 Fundamental breaches of Contract shall include, but shall not be limited to, the
following :
(a) The Contractor uses the advance payment for matters other than the
contractual obligations,
(b) the Contractor stops work for 30 days when no stoppage of work is shown on the
current Program and the stoppage has not been authorized by the Project
Manager;
(c) the Project Manager instructs the Contractor to delay the progress of the Works,
and the instruction is not withdrawn within 30 days;
(d) the Employer or the Contractor is made bankrupt or goes into liquidation
other than for a reconstruction or amalgamation.
(e) a payment certified by the Project Manager is not paid by the Employer to the
Contractor within 90 days of the date of the Project Manager’s certificate;
(f) the Project Manager 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 Project Manager;
(g) the Project Manager gives two consecutive Notices to update the Program and
accelerate the works to ensure compliance with GCC Sub clause 22.1 and the
Contractor fails to update the Program and demonstrate acceleration of the
works within a reasonable period of time determined by the Project Manager;
(h) the Contractor does not maintain a Security, which is required;
(i) the Contractor has delayed the completion of the Works by the number of days
for which the maximum amount of liquidated damages can be paid, as defined in
the SCC; and
(j) If the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract, pursuant to
GCC 73.1.
72.4 When either party to the Contract gives notice of a breach of Contract to the
Project Manager for a cause other than those listed under GCC 72.3 above, the
Project Manager shall decide whether the breach is fundamental or not.
72.5 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
72.6 If the Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably possible.
73.Fraud and
73.1 If the Employer determines that the Contractor has engaged in corrupt,
Corruption fraudulent, collusive, coercive or obstructive practices, in competing for or in
executing the Contract, then the Employer may, after giving 15 days’ notice to the
Contractor, terminate the Contractor's employment under the Contract and expel
him from the Site.
73.2 Should any employee of the Contractor be determined to have engaged in corrupt,
89
fraudulent, collusive, coercive, or obstructive practice during the execution of the
Works, then that employee shall be removed in accordance with GCC Clause 15.
For the purposes of this GCC 73;
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of
another party.
(ii) “fraudulent practice”5 is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an obligation;
(iii) “collusive practice”6 is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice”7 is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to prevent
it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the GON’s/DP’s
inspection and audit rights provided for under GCC28.3.
74. Black Listing
74.1 Without prejudice to any other rights of the Employer under this
Contract, GoN, Public Procurement Monitoring Office (PPMO), on the
recommendation of procuring entity, may blacklist a Bidder for its
conduct for a period of one (1) to three (3) years on the following
grounds and seriousness of the act committed by the bidder:
(a) if it is established that the Contractor has committed substantial
defect in implementation of the contract or has not substantially
fulfilled its obligations under the contract or the completed work is
not of the specified quality as per the contract.
(b) If convicted from a court of law in a criminal offense liable to be
disqualified for taking part in procurement contract,
(c) If it is established that the Contractor has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
75. Payment upon
75.1 If the Contract is terminated because of a fundamental breach of Contract by the
Termination Contractor, the Project Manager shall issue a certificate for the value of the work
done and Materials ordered less advance payments received up to the date of
the issue of the certificate. Additional Liquidated Damages shall not apply. If
90
the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the Employer.
75.2 If the Contract is terminated for the Employer’s convenience or because of a
fundamental breach of Contract by the Employer, the Project Manager shall issue
a certificate for the value of the work done, Materials ordered, the reasonable cost
of removal of Equipment, repatriation of the Contractor’s personnel employed
solely on the Works, and the Contractor’s costs of protecting and securing the
Works, and less advance payments received up to the date of the certificate.
79.2 The materials, equipment, and services to be supplied under the Contract shall
have their origin in eligible source countries as specified in Section V of the
bidding document and all expenditures under the Contract will be limited to
such materials, equipment, and services. At the Employer’s request, the
91
Contractor may be required to provide evidence of the origin of materials,
equipment, and services.
79.3 For purposes of GCC 79.2, “origin” means the place where the materials and
equipment are mined, grown, produced, or manufactured, and from which the
services are provided. Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of components,
a commercially recognized product results that differs substantially in its basic
characteristics or in purpose or utility from its components.
80.ProjectManager’s
80.1 The Project Manager’s duties and authorities are restricted to the extent as
Duties and stated in the SCC.
Authorities
81.Quarries and
81.1 Any quarry operated as part of this Contract shall be maintained and left in
Spoil Dumps a stable condition without steep slopes and be either refilled or drained and be
landscaped by appropriate planting. Rock or gravel taken from a river shall be
removed over some distance so as to limit the depth of material removed at any
one location, not disrupt the river flow or damage or undermine the river banks.
The Contractor shall not deposit excavated material on land in Government
or private ownership except as directed by the Project Manager in writing
or by permission in writing of the authority responsible for such land in
Government ownership, or of the owner or responsible representative of the
owner of such land in private ownership, and only then in those places and
under such conditions as the authority, owner or responsible representative may
prescribe.
82. Local Taxation
82.1 The prices bid by the Contractor shall include all taxes that may be levied in
accordance to the laws and regulations in being in Nepal on the date 30 days
prior to the closing date for submissions of Bids on the Contractor’s
equipment, plant and materials acquired for the purpose of the Contract
and on the services performed under the Contract. Nothing in the Contract
shall relieve the Contractor from his responsibility to pay any tax that may be
levied in Nepal on profits made by him in respect of the Contract.
83. Value Added
83.1 The Contract is not exempted from value added tax. An amount specified in
Tax the schedule of taxes shall be paid by the Contractor in the concerned VAT office
within time frame specified in VAT regulation.
84. Income Taxes
84.1 The Contractor’s staff, personnel and labor will be liable to pay personal
on Staff income taxes in Nepal in respect of their salaries and wages, as are chargeable
under the laws and regulations for the time being in force, and the Contractor
shall perform such duties in regard to such deductions as may be imposed on
him by such laws and regulations.
84.2 The issue of the Final Account Certificate pursuant to clause GCC 70 shall be
made only upon submittal by the Contractor of a certificate of income tax
92
clearance from the Government of Nepal.
85. Duties, Taxes
85.1 Any element of royalty, duty or tax in the price of any goods including fuel oil,
and Royalties and lubricating oil, cement, timber, iron and iron goods locally procured by
the Contractor for the works shall be included in the Contract rates and
prices and no reimbursement or payment in that respect shall be made to the
Contractor.
85.2 The Contractor shall familiarize himself with GON the rules and regulations with
regard to customs, duties, taxes, clearing of goods and equipment,
immigration and the like, and it will be necessary for him to follow the required
procedures regardless of the assistance as may be provided by the Employer
wherever possible.
85.3 The Contractor shall pay and shall not be entitled to the reimbursement of cost
of extracting construction materials such as sand, stone/boulder, gravel, etc.
from the river beds or quarries. Such prices will be levied by the local District
Development Committee (DDC) as may be in force at the time. The
Contractor, sub-contractor(s) employed directly by him and for whom he is
responsible, will not be exempted from payment of royalties, taxes or other
kinds of surcharges on these construction materials so extracted and paid for to
the DDC.
86. Member of
86.1 No member or officer of GoN or the Employer or the Project Manager or any of
Government, etc, not their respective employees shall be in any way personally bound or liable
Personally Liable for the act or obligations of the Employer under the Contract or answerable
for any default or omission in the observance or performance of any of act,
matter or thing which are herein contained.
87. Approval of Use
87.1 No explosives of any kind shall be used by the Contractor without the prior
of Explosives consent of the Employer in writing and the Contractor shall provide, store
and handle these and all other items of every kind whatsoever required for
blasting operations, all at his own expense in a manner approved in writing by
the Employer.
88 Compliance with 88.1 The Contractor shall comply with all relevant ordinances, instructions and
Regulations for regulations which the Government, or other person or persons having due
Explosives authority, may issue from time to time regarding the handling,
transportation, storage and use of explosives.
89. Permission for
89.1 The Contractor shall at all times maintain full liaison with and inform well
Blasting in advance, and obtain such permission as is required from all Government
authorities, public bodies and private parties whatsoever concerned or affected,
or likely to be concerned or affected by blasting operation.
90.Records of
90.1 Before the beginning of the Defects Liability Period, the Contractor shall account
Explosives to the satisfaction of the Project Manager for all explosives brought on to
the Site during the execution of the Contract and the Contractor shall
remove all unused explosives from the Site on completion of works when
93
ordered by the Project Manager.
94
Section VIII: Special Conditions of Contract
The following Special Conditions of Contract shall supplement the GCC. Whenever there is a conflict, the
provisions herein shall prevail over those in the GCC .
95
Special Conditions of Contract
A. General
GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be12 months from the
date of signing of the Contract Agreement
GCC 1.1 (hh) The Start Date shall be 15 Days from the date of signing of Contract
GCC 1.1 (ll) The Works consist of Supply and Installation of Solar Pumps and accessories, Supply
and Installation of Delivery System, Construction of RCC Reservoir and other related
structure.
GCC 2.3(i) The following documents also form part of the Contract:Not Applicable.
GCC 11.1 The Project Manager may delegate any of his duties and responsibilities.
GCC 19.1 The minimum insurance amounts and deductibles shall be:
1. The minimum cover for loss of or damage to the Works, Plant and Materials is: 115%
of the Contract Amount.
2. The maximum deductible for insurance of the Works and of Plant and Materials is:
NRs.50,000.00(Fifty Thousand Only).
3. The minimum cover for loss or damage to Equipment is: 110% of cost of Equipment.
4. The maximum deductible for insurance of Equipment is: NRs.50,000 (Fifty Thousand
Only).
5. The minimum for insurance of other property is: NRs.1,000,000.00 (One Million
Only) with unlimited number of occurrences
6. The maximum deductible for insurance of other property is: NRs. 50,000.00 (Fifty
Thousand Only).
7. The minimum cover for personal injury or death insurance
i. for the Contractor’s employees is that specified in the Labor act of Nepal and
ii. for other people is: NRs.500,000.00(Five hundred Thousand Only). with an
96
unlimited number of occurrences
GCC 23.1 The following shall be designed by the Contractor: Solar Pump and corresponding PV
modules, controller and other safety measures and accessories which is subject to the review
and approval by the Implementing agency. However, the deviation beyond the minimum
capacity specified in the specification would not be allowed.
GCC 26.1 The Site Possession Date(s) shall be: 15 Days from the date of signing of Agreement.
C. Time Control
GCC 34.1 The Contractor shall submit for approval a Program for the Works within45 days from
the date of the Letter of Acceptance.
D. Quality Control
The Defects Liability Period is: 365 Days for Civil Structures and 5 years for Pump and
GCC 42.1
Controller with full replacement warranty.
E. Cost Control
GCC 53.1 The Contract is not subject to price adjustment, and the following information regarding
coefficients does not apply.
GCC 53.7 The Price Adjustment amount shall be limited to a maximum of:
Not Applicable.
GCC 55.1 The liquidated damages for the whole of the Works are 0.05 Percent of the final Contract
Price per day. The maximum amount of liquidated damages for the whole of the Works
is 10 Percent of the final Contract Price.
97
GCC 56.1 Not Applicable.
GCC 57.1 The Advance Payments shall be: 10% of Contract Amount and shall be paid in two
equal installments and to the Contractor. The Payment of First installment of 5% (Five
percent) shall be made to the contractor upon submission of acceptable Bank
Guarantee for advance payment and the second instalment of 5% (Five percent) shall
be made after the contractor completes mobilization fully at site and has fulfilled
contractual obligations such as submission of insurance policies, work program and
acceptable bank guarantee to the Employer
GCC 57.3 Deductions from Payment Certificates will commence in the first certificate in which the
value of works executed exceeds 30% of the Contract Price. Deduction will be at the rate of
40%of the respective Monthly Interim Payment Certificate until such time as the advance
payment has been repaid; provided that the advance payment shall be completely
repaid prior to the end of 80 % of the approved contract period.
II) For the bid price of the bidder selected for acceptance is more than 15 (fifteen)
percent below of the cost estimate, the performance security amount shall be
determined as follows:
Performance Security Amount = [(0.85 x Cost Estimate –Bid Price) x 0.5] + 5% of Bid
Price.
III) Full Replacement Warranty of Controller/Inverter, pumps and motors systems for 5
years shall be in the form of bank guarantee of amount NRs. 10,00,000.00 (Ten
lakh Nepalese Rupees) up to end of warranty period mentioned above which shall
be submitted by the Contractor along with the claim of payment of pump and
controller/inverter.
GCC 71.1 The date by which operating and maintenance manuals are required is; 15 days after the
installation of the pump and delivery test
GCC 71.2 The date by which “as built” drawings are required is: 30 days after work completion
date.
The amount to be withheld for failing to produce “as built” drawings and/or
Operating and maintenance manuals is: NRs.100,000.00(One Hundred Thousand Only)
GCC 72.3 (i)
The maximum number of days is: 200
98
GCC 79.2 The contractor should submit the authentication document from the manufacturer of the pump
before installation
99
Section IX: Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award.
100
Letter of Intent
[on letterhead paper of the Employer]
Title: ……………………………………………….
CC:
[Insert name and address of all other Bidders, who submitted the bid]
101
Letter of Acceptance
[on letterhead paper of the Employer]
Date: ……………………..
You are hereby instructed to contact this office to sign the formal contract agreement within 15
days with Performance Security of NRs. ………. in accordance with the Conditions of Contract, using
for that purpose the Performance security Form included in Section X (Contract Forms) of this
Bidding Document.
102
Contract Agreement
THIS AGREEMENT made the ...............................day of…..between……………………. name of the
Employer ………………(hereinafter “the Employer”), of the one part, and ……………………………name
of the Contractor …………………(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as ……………………….... name of the Contract
..............................should be executed by the Contractor, and has accepted a Bid by the Contractor for
the execution and completion of these Works and the remedying of any defects in the sum of NRs
…..........…..[insert amount of contract price in words and figures including taxes](hereinafter “the
Contract Price”).
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
(a) the Letter of Acceptance;
(b) the Letters of Bid;
(c) the Addenda Nos ................................... Insert addenda numbers if any ……………
(d) the Special Conditions of Contract;
(e) the List of Eligible Countries that was specified in Section V of the bidding document,
(f) the General Conditions of Contract;
(g) the Specification;
(h) the Drawings;
(i) Bill of Quantities (or Schedules of Prices for lump sum contracts), and
(j) Table of Price Adjustment Data
(k)List of Approved Subcontractors
(l) ............................................................................ ..[Specify if there are any other document]
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this
Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy
defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of Nepal on the day, month and year indicated above.
Signed by ………………………….
for and on behalf the Contractor in the presence of
103
dd) Witness, Name Signature, Address, DateList of
Approved Subcontractors
In accordance with GCC Sub-Clause 13.1,The following Subcontractors are approved for
carrying out the work as specified below.
Name of Value/Percentage
Description of Works
Subcontractors of subcontract
104
Performance Security
(On letterhead paper of the Commercial Bank or Financial Institution eligible to
issue Bank Guarantee as per prevailing Law )
............................ Bank’s Name, and Address of Issuing Branch or Office ................................... Beneficiary:
.............................................. Name and Address of Employer ………………….......
Date: ..................................................
We have been informed that ... ... [insert name of the Contractor] (hereinafter called "the Contractor")
has been notified by you to sign the Contract No. ……………….. [insert reference number of the Contract]
for the execution of ……….. [insert name of contract and brief description of Works] (hereinafter called
"the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we... ....................................................... [insert name of the Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ...............[insert
name of the currency and amount in figures*] (........................ .. insert amount in words) such sum being
payable in Nepalese Rupees, upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation(s) under the Contract,
without your needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the………………………..Day of ………………… **, and any
demand for payment under it must be received by us at this office on or before that date.
…………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
The Guarantor shall insert an amount representing the percentage of the Contract Price specified
in the Contract in Nepalese Rupees.
** Insert the date thirty days after the date specified for the Defect Liability Period. The Employer should note
that in the event of an extension of the time for completion of the Contract, the Employer would need to request
an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-
time extension of this guarantee for a period not to exceed [six months], in response to the Employer’s written
request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee”.
105
106
Advance Payment Security
(On letterhead paper of the Commercial Bank or Financial Institution eligible to
issue Bank Guarantee as per prevailing Law )
We have been informed that ………………has entered into Contract No. ..... Name and Address of
Employer………………name of the Contractor……………(hereinafter called "the Contractor")..reference
number of the Contract……………dated …………… with you, for the execution of ...contract and brief
description of Works ……………. (hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment
in the sum……………. name of the currency and amount in figures*…(.... amount in words .....) is to be
made against an advance payment guarantee.
At the request of the Contractor, we... ........................................... name of the Bank …………………. hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of………………….name of the currency and amount in figures*... ......................................... .(…… amount in
words ... ...................................................................................................) upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of its obligation
under the Contract because the Contractor used the advance payment for purposes other than the
costs of mobilization in respect of the Works.
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt
of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price
has been certified for payment, or on the ....... day of ......**, whichever is earlier. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before that date.
……………………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
*The Guarantor shall insert an amount representing the amount of the advance payment in Nepalese Rupees of the advance
payment as specified in the Contract.
** Insert the date Thirty days after the expected completion date. The Employer should note that in the event of an
extension of the time for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form,
at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months], in response to the Employer’s written request for such extension, such request to be presented to the
107
Guarantor before the expiry of the guarantee”.
108
SECTION-VI
Bill of Quantities
Notes for Unit Rate Contracts :
Objectives
The objectives of the Bill of Quantities are
(a) to provide sufficient information on the quantities of Works to be performed to enable Bids to be
prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic
valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different considerations of cost. Consistent with
these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurement
which have been adopted in the preparation of the Bill of Quantities and which are to be used for the
measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of the
Works which by nature, location, access, timing, or any other special characteristics may give rise to different
methods of construction, or phasing of the Works, or considerations of cost. General items common to all parts
of the works may be grouped as a separate section in the Bill of Quantities.
Day work Schedule
A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Employer of the realism of rates quoted by the
Bidders, the Day work Schedule should normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates
or prices are to be inserted by the Bidder, together with a statement of the conditions under which the
Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid. The
rate to be entered by the Bidder against each basic Day work item should include the Contractor’s profit,
overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum
in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future
need arises. Where such provisional sums or contingency allowances are used, the Contract Data should state
the manner in which they will be used, and under whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward, with
provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies (upward price
adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the person
drafting the Bidding documents. They should not be included in the final documents.
Bill of Quantities
1 Provisional Sum
Procument Item Details
SL.
Item Description Unit Quantity Unit Rate(NPR) Amount(NPR)
No
1 Insurance of work, plant and materials of the contract Ps 1.0 12823.64 12,823.64
4 Comission for Performance Bond for 5 years warrenty Ps 1.0 12823.64 12,823.64
of pump and Controller
5 Commission for Performance bond . Ps 1.0 4274.55 4,274.55
2 Construction work
2.1 Works for complete or part construction and civil engineering work
2.1.1 Construction work for pipelines communication and power lines for highways roads airfields and rail
VAT
Grand Total