348594

GOVERNMENT OF MADHYA PRADESH
Urban Administration and Development Department

Appendix 2.10
Tender Document
For Percentage Rate only in Works Departments and other
Departments Similar to Works Departments
(Effective from 01/01/2014)
(Adopted SOR 10/05/2012)
Office of the Chief Municipal Officer
Nagar Palika Parishad Pithampur Distt. Dhar (M.P.)
NIT Number and Date : 3242 dated 29.05.2024
Agreement Number and Date : _____________
Name of Work : Work of Electrification from Ram mandir to villages
transformer at ward no 20 kheda pithampur
Name of the Contractor :

Probable Amount of Contract
(Rs. In Figure): 7.79 Lakh
(Rs. In Words): ..............................

Contract Amount
(Rs. In Figure):
(Rs. In Words):
Stipulated Period of Completion: 03 month
Page 1 of 66
Appendix 2.10
Tender Document
Table of Contents
Section Particulars Page
No
NIT 3-4
Section 1
Instructions to Bidders (ITB) 5-9
Bid Data Sheet 10 - 11

Section 2
Annexure -A to M 12 - 30
Table of Clauses 31
Part - I General Conditions of 32 - 43
Contract (GCC)
Contract Data 44 - 45
Section 3
Annexure - N to W 46 – 59
Part - II Special Conditions of 60

Contract (SCC)
Bill of Quantities (BOQ) 61
Section 4
Section 5 Agreement Form 62
Page 2 of 66
SECTION 1
Notice Inviting e-Tenders
Government of Madhya Pradesh

N.I.T. No./ 3242 /E-tender/2024 Dated 29.05.2024
Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:
S. No./ Work District(s) Probable Completion

Pkg/ Amount Period
Code (Rs. in lakh) (months)
Work of Electrification from Ram
2024_UA mandir to villages transformer at ward
D_348594
no 20 kheda pithampur DHAR 7.79 03 month
1. Interested bidders can view the NIT on website http://mpetenders.gov.in .
2. The Bid Document can be purchased only online from 30.05.2024 (time) 11:00 (date) to
13.06.2024 (time) 17:30 (date)
3. Amendments to NIT, if any, would be published on website only, and not in newspaper.
4. According to the technical Department's order no. f/10-32/2012/18-2, dated 9/05/2012, rates
mentioned in Integrated standard schedule of rate 10/05/2012 shall be determined 10% less
with immediate effect or the rates given in rate schedule by multiplying 0.9, will be the rate of
related item.
5. The bidder shall have to quote rates inclusive of all duties, royalties, levies and taxes except
good and services tax (GST). The amount of applicable GST will be paid separately to the
contractor with each bill at the time of payment the employer shall not be liable for any duties ,
taxes (except GST) Royalties and levies
6. MPUADD ORDER NO 13014 DATED 14.11.2017 AND ORDER NO 13373 DATED

24.11.2017ARE DULY ATTACHED WITH THE NIT AND SHOUL BE REGARDED AS
AN INTEGRAL PART OF NIT.
Chief Municipal Officer

Nagar Palika Parishad Pithampur
Distt Dhar
Page 3 of 66
Notice Inviting e-Tenders
Government of Madhya Pradesh
N.I.T. No 3242 /E-tender/2024 Dated 29.05.2024
Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:
Earnest
Probable Period of
Money Cost of Bid
S. Name of District Amount of Category Completion
Deposit Document
no Work Contract (Rs. in of Contractor (in
(EMD) (In (In Rupees)
lakh) Months)
Rupees)
Work of Electrification from
Ram mandir to villages
transformer at ward no 20 as per M.P.
03
01 kheda pithampur Dhar 7.79 7790/- 2000/- Govt. PWD
MONTH
Norms/Electrical
1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on the
website http://mpetenders.gov.in in UADD Section.
2. Bid Document can be purchased after making online payment of portal fees through
Credit/Debit/Cash Card/internet banking.
3. At the time of submission of the Bid the eligible bidder shall be required to:
I) pay the cost of Bid Document;
ii) Deposit the Earnest Money;
iii) Submit a check list; and
iv) Submit an affidavit.
v) PAN AND GST NO.
vi) EPF Registration Copy
vii ESIC Registration Copy
viii) A class electrical license copy.
Details can be seen in the Bid Data Sheet.

4. ELIGIBILITY FOR BIDDERS:
(a) At the time of submission of the Bid the bidder should have valid registration with the
Government of Madhya Pradesh, PWD in appropriate class. However, such bidders who are
nonregistered with the Government of Madhya Pradesh and are eligible for registration can also
submit their bids after having applied for registration with appropriate authority.
(b) The bidder would be required to have valid registration at the time of signing of the Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result in forfeiture
of the earnest money deposit.
5. Pre-qualification – Prequalification conditions, wherever applicable are given in the Bid Data
Sheet.
6. Special Eligibility- Special Eligibility Conditions, if any, are given in the Bid Data Sheet.
7. The Bid Document can be purchased only online from 2 9 .05.2024 (time) 11:00 (date) to
13.06.2024 (time) 17:30 (date).
8. Amendments to NIT, if any, would be published on website only, and not in newspaper.
9. ESIC and Labour Registration are mandatory at the time of Agreement by Success Bidder.

Page 4 of 66
Distt Dhar
Page 5 of 66
SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. SCOPE OF BID
The detailed description of work, hereinafter referred as ‗work‗, is given in the Bid Data
Sheet.
2. General Quality of Work:

The work shall have to be executed in accordance with the technical specifications specified in
the Bid Data sheet/ Contract Data, and shall have to meet high standards of workmanship,
safety and security of workmen and works.
3. PROCEDURE FOR PARTICIPATION IN E-TENDERING
The procedure for participation in e-tendering is given in the Bid Data Sheet.
4. ONE BID PER BIDDER

4.1 The bidder can be an individual entity or a joint venture (if permitted as per Bid Data
Sheet). In case the J.V. is permitted, the requirement of joint venture shall be as per the Bid
Data Sheet.
4.2 No bidder shall be entitled to submit more than one bid whether jointly or severally. If he
Does so, all bids wherein the bidder has participated shall stand disqualified.
5. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his bid, and
no claim whatsoever for the same shall lie on the Government.
6. Site Visit and examination of works
The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the bid
and entering into a contract for construction of the work. All costs in this respect shall have to
be borne by the bidder.
B. Bid Documents
7. CONTENT OF BID DOCUMENTS
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to Bidders, Bid Data Sheet with all Annexure
3. Conditions of Contract:
I. Part I General Conditions of Contract and the Contract Data with all Annexure and
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
9. Agreement, and
10. Any other document(s), as specified.
8. The bidder is expected to examine carefully all instructions, conditions of contract,
the contract data, forms, terms and specifications, bill of quantities, forms and drawings in
the Bid Document. Bidder shall be solely responsible for his failure to do so.
Page 6 of 66
9. Pre-Bid Meeting (where applicable)
Wherever the Bid Data Sheet provides for pre-bid meeting:
9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet. Any
change in the schedule of pre-bid meeting would be communicated on the website
only, and intimation to bidders would not be given separately.
9.2 Any prospective bidder may raise his queries and/or seek clarifications in writing
before or during the pre-bid meeting. The purpose of such meeting is to clarify
issues and answer questions on any matter that may be raised at that stage. The
Employer may, at his option, give such clarifications as are felt necessary.
9.3 Minutes of the pre-bid meeting including the gist of the questions raised and the
responses given together with any response prepared after the meeting will be hosted
on the website.
9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the Bid
Document, it shall be done by issuing amendment to the online NIT.
10. Amendment of Bid Documents

10.1 Before the deadline for submission of bids, the Employer may amend or modify the
Bid Documents by publication of the same on the website.
10.2 All amendments shall form part of the Bid Document.
10.3 The Employer may, at its discretion, extend the last date for submission of bids by
publication of the same on the website.
C. Preparation of Bid
11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms
and submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid
required to be uploaded as per the time schedule mentioned in the key dates of the
Notice Inviting e-Tenders after signing of the same by the Digital Signature of their authorized
representative.
12. DOCUMENTS COMPRISING THE BID
The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all bids. Online
Envelop A shall contain the following as per details given in the Bid Data Sheet:
I) Registration number or proof of application for registration and organizational
details in format given in the Bid Data Sheet.
ii) Payment of the cost of Bid Document.
iii) Earnest Money; and
iv) An affidavit duly notarized.
V) Any Essential documents (As Per Clause 19.7) Where applicable
Note:- in case of Any Essential documents (As Per Clause 19.7) required mentioned in
Bid Data Sheet then the documents has to be submitted physically.
Part 2 – This shall be known as Online Envelope B and required to be submitted only in
works where pre-qualification conditions and/or special eligibility conditions are stipulated in
the Bid Data Sheet. Online Envelop B shall contain a self-certified sheet duly supported by
documents to demonstrate fulfillment of pre-qualification conditions.
Part 3 – This shall be known as Online Envelope C and would apply to all bids. Envelop C
Shall contain financial offer in the prescribed format enclosed with the Bid Data Sheet.
Page 7 of 66
13. Language
The bid as well as all correspondence and documents relating to the bid exchanged by the
Bidder and the Employer shall be in English or Hindi. 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 English In such case, for the purposes of
interpretation of the bid, such translation shall govern.
14. TECHNICAL PROPOSAL
14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data Sheet,
the Technical Proposal shall comprise of formats and requirements given in the Bid
Data Sheet.
14.2 All the documents/ information enclosed with the Technical Proposal should be self-
attested and certified by the bidder. The Bidder shall be liable for forfeiture of his
earnest money deposit, if any document / information are found false/ fake/ untrue
before acceptance of bid. If it is found after acceptance of the bid, the bid
sanctioning authority may at his discretion forfeit his performance security/ guarantee,
security deposit, enlistment deposit and take any other suitable action.
15. FINANCIAL BID
I. The bidder shall have to quote rates in format referred in Bid Data Sheet, in overall
percentage, and not item wise. If the bid is in absolute amount, overall percentage would
be arrived at in relation to the probable amount of contract given in NIT. The overall
percentage rate would apply for all items of work.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures
and words is found, lower of the two shall be taken as valid and correct.
iii. The bidder shall have to quote rates inclusive of all duties, royalties, levies and taxes
except good and services tax (GST). The amount of applicable GST will be paid
separately to the contractor with each bill at the time of payment. The employer shall not
be liable for any duties, taxes (except GST) Royalties and levies.
iv. The material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the Bid Data Sheet.
16. PERIOD OF VALIDITY OF BIDS
The bids shall remain valid for a period specified in the Bid Data Sheet after the date of
―close for biding‖ as prescribed by the Employer. The validity of the bid can be extended by
mutual consent in writing.
17. EARNEST MONEY DEPOSIT (EMD)
17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 EMD/ Bid Security shall be submitted only online using options available in the
tender portal within the specified time limit. Bidders are advised to process it well in
advance. No claim shall be entertained due to delay in online transactions via
payment gateway/banking portal.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working
days of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has signed the
Agreement after furnishing the required Performance Security.
17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.
Page 8 of 66
D. Submission of Bid
18. The Bidder is required to submit digitally signed Bid i.e. Envelop A, B & C Online only. No
physical submission of the Bid will be accepted except in exceptional case under clause 19.7
E. Opening and Evaluation of Bid
19 PROCEDURE
19.1 Envelope ‗A‗shall be opened first online at the time and date notified and its
contents shall be checked. In cases where Envelop ‗A‗does not contain all requisite
documents, such bid shall be treated as non-responsive, and Envelop B and/or C of
such bid shall not be opened.
19.2 Wherever Envelop ‗B‗(Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified. The bidder shall have freedom to
witness opening of the Envelop ‗B‗. Envelop ‗C‗(Financial Bid) of bidders who are not
qualified in Technical Bid (Envelop ‗B‗) shall not be opened.
19.3 Envelope ‗C‗(Financial Bid) shall be opened online at the time and date notified.
The bidder shall have freedom to witness opening of the Envelop ‗‖C‗.
19.4 After opening Envelop ― C‖ a l l responsive bids shall be compared to determine the
lowest evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring
any liability. In all such cases reasons shall be recorded.
19.6 The Employer reserves the right of accepting the bid for the whole work or for a
distinct part of it.
19.7 In exceptional case, if physical submission of certain documents is found essential, then
expressed prior permission must be obtained in writing by the tender issuing authority
from an authority, as authorized by the State Government. In such a case, such
documents are required to be submitted physically at the place and date specified in the
Bid Data Sheet. In case of any mismatch in the documents submitted in the physical
form and that uploaded online, or if the contractor fails to submit the document
physically, the bid shall be liable for rejection as non-responsive.
19.8 During Bid evaluation, the employer or its representative may, at its discretion, ask
the bidder for a clarification of its Bid. The request for clarification and the response
shall be in writing, and no change in the price or substance of the bid shall be
sought, offered or permitted.
20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and recommendation of
contract award shall not be disclosed to bidders or any other person not officially
concerned with such process until final decision on the bid.
20.2 Any attempt by a bidder to influence the Employer in the evaluation of the bids or
contract award decisions may result in the rejection of his bid.
F. Award of Contract
21. Award of Contract
The Employer shall notify the successful bidder by issuing a Letter of Acceptance (LOA) that
his bid has been accepted. The original copy of affidavit will have to be submitted by the
successful bidder at the time of signing of the contract.
Page 9 of 66
22. Performance Security
22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall have to
furnish performance security of the amount in the form and for the duration, etc. as
specified in the Bid Data Sheet.
22.2 Additional performance security, if applicable, is mentioned in the Bid Data Sheet
and shall be in the form and for the duration, etc. similar to Performance Security.
23. Signing of Contract Agreement
23.1 The successful bidder shall have to furnish Performance Security and Additional
Performance Security, if any, and sign the contract agreement within 15 days of
issue of LOA.
23.2 The signing of contract agreement shall be reckoned as intimation to commencement of
work. No separate work order shall be issued by the Employer to the contractor for
commencement of work.
23.3 In the event of failure of the successful bidder to submit Performance Security and
Additional Performance Security, if any or sign the Contract Agreement, his EMD
shall stand forfeited without prejudice to the right of the employer for taking any other
action against the bidder.
24. CORRUPT PRACTICES
The Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:
I. may reject the bid for award if it determines that the bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract; and
ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period of
time, to participate in bids, if it at any time determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for, or in executing, a contract.
For the purposes of this provision, the terms set forth above are defined as follows:
a. ―corrupt practice‖ means the offering, giving, receiving, or soliciting, directly or

Indirectly, anything of value to influence improperly the actions of another party;
b. ―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;
c. ―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;
d. ―collusive practice‖ means a n a r r a n g e m e n t b e t w e e n t w o o r m o r e
p a r t i e s designed to achieve an improper purpose, including influencing
improperly the actions of another party.
[End of ITB]
Page 10 of 66
Bid Data Sheet
GENERAL
SR. No. PARTICULARS DATA
1 Office inviting tender Chief Municipal Officer Nagar Palika Parishad Pithampur Dist-
Dhar (M.P.)
2 NIT No 3242
3 Date of NIT 29.05.2024
4 Bid document download 30.05.2024 11:00 13.06.2024 17:30
available
5 from datelink
Website & time http://mpetenders.gov.in
SECTION 1 – NIT
CLAUSE PARTICULARS DATA
REFERENCE
2 Portal fees As notified in E-tendering website
Cost of bid document 2000/-
Cost of bid document Online Payment Through Debit Card/Credit Card/Internet
Payable at Banking Or System Generated Challan.
3
Cost of bid document In Chief Municipal Officer Nagar Palika Parishad Pithampur Dist-
favour of Dhar (M.P.)
4 Affidavit format Annexure B
5 Pre-qualifications required NO
If Yes, details Annexure C
6 Special Eligibility NO
If Yes, details Annexure D
7 Key dates Annexure A
SECTION 2 – ITB
REFERENCE
Work of Electrification from Ram mandir to villages transformer
1 Name of work at ward no 20 kheda pithampur
2 Specifications Annexure – E
3 Procedure for participation Annexure – F
in e- Tendering
Whether Joint Venture is NO
4
allowed
If yes, requirement for Joint Annexure – G
Venture
Pre bid meeting to be held NO
9 If Yes, Date, Time & Place Date : .............
Time from: 11:00 am to 04:30 pm
Place: Chief Municipal Officer Nagar Palika Parishad Pithampur
Dist-Dhar (M.P.)
Page 11 of 66
Bid Data Sheet
REFERENCE
Envelope-A containing : AT OFFICE OF THE NAGAR PALIKA PARISHAD PITHAMPUR, DISTRICT- DHAR
I. Registration number or proof of
Application for registration and
organizational details as per
12 Annexure-H
ii. Cost of Bid Document.
iii. EMD.
iv. An affidavit duly notarized as
per Annexure B. If any essential documents requires, then details-
v. Any Essential documents (As
.............................should Before --------------- (date)
Per Clause 19.7) Where
applicable. time..................... in Envelope A Physically
only to be submitted online.
Note:- in case of Any Essential
documents (As Per Clause 19.7)
required mentioned in Bid Data
Sheet then the documents has to
14 Envelope-B
be submittedTechnical Proposal
physically. Annexure - I and Annexure - I (Format I-1 to I-5)
Envelope-C Financial Bid Annexure – J

15 Materials to be issued by the Annexure – K
16 Department
Period of Validity of Bid 180 Days
Earnest Money Deposit 7790/-
Forms of Earnest Money Deposit Online Payment Through Debit Card/Credit Card/Internet
Banking Or System Generated Challan,
Account Detail For Online EMD Name of Account Holder

Payment CHIEF MUNCIPAL OFFICER
17.2 NAGAR PALIKA PARISHAD PITHAMPUR,
DISTRICT- DHAR
Bank Account No. : By Default Online Portal
Bank Name : By Default Online Portal
IFSC Code : By Default Online Portal
EMD valid for a period of 6 months
19.7 Whether In exceptional case, if
physical submission of certain
No
documents is essential to be
submitted physically
If Yes 1. Date ……………..(Two working Days after Date of opening of
Date and place for submission of Technical Bid)
Physical form of Contents of 2. Place …………….(ULB Address)
Envelope A essential Documents or
to be submitted physically (Address of Office of Divisional Executive
Engineer of Urban Administration And Development
Division……………)
Page 12 of 66
21 Letter of Acceptance (LoA) Annexure L
Amount of Performance Security 3% of contract amount
Additional Performance Security, Equal to Percentage of contract Amount below than 10%. I.e. if
if Any quoted rate in percentage is more below than 10 % then additional
22 Performance Security to be submitted extra below10% .rate.
Performance security in the format Annexure M

Performance security in favour of Chief Municipal Officer, Nagar Palika parishad Pithampur Dist.
Dhar
Performance security valid up to Valid contract Period +3 Year
Page 13 of 66
Annexure – A
(See clause 1, 7 of Section 1 -NIT)
KEY
DATES
S. Works Department Start Expiry Envelopes

No Stage Bidder's Stage
Date Time Dat Time
e
1 30.05.2024 11.00 13.06.2024 17.30
- Purchase of
Tender – Online
2 07.06.2024 11.00 13.06.2024 17.30
- Bid Submission
–Online
3 - ............. ............. ............. .............

Pre bid meeting to be
held
4 Physical Submission Submit in Nagar ............. ............. ............. ............. Envelope A,
Any Essential Palika Parishad Envelope B
......................
documents (As
Per Clause 19.7)
Where applicable
5 Mandatory - 18.06.2024 11.00 ............. ............. Envelope A
submission Open
(Envelope- A)
6 Technical Proposal - 18.06.2024 11.00 ............. ............. Envelope B
open
( PQ Envelope- B)
7 Financial Bid open - 18.06.2024 11.00 ............. ............. Envelope C
(Envelope-C)
In exceptional case, if physical submission of certain documents is found essential, then

expressed prior permission must be obtained in writing by the tender issuing authority from an
authority, as authorized by the State Government. In such a case, such documents are required to be
submitted physically at the place and date specified in the Bid Data Sheet. In case of any mismatch in
the documents submitted in the physical form and that uploaded online, or if the contractor fails to
submit the document physically, the bid shall be liable for rejection as non-responsive.

Distt Dhar
Page 4 of 66
Page 5 of 66
Annexure – B
(See clause 3 of Section 1 -NIT)
|| AFFIDAVIT ||
(On Non Judicial Stamp of Rs. 100)
I/we …………………………….. Who is/ are ……………………………………. (Status in the
firm/ company) and competent for submission of the affidavit on behalf of
…………………………………… (Contractor) do solemnly affirm an oath and state that:
I/we are fully satisfied for the correctness of the certificates/records submitted in support of the
following information in bid documents which are being submitted in response to notice inviting e-
tender No. …………………………………………. for ………………………………. (Name of work)
dated………………… issued by the ………………………………………(Name of the department).
I/we are fully responsible for the correctness of following self certified information/ documents
and certificates:
1. That the self-certified information‘s/ digitally signed documents given in the bid document are
fully true and authentic.
2. That:
a. Information regarding financial qualification and annual turnover, submitted online is
correct.
b. Information regarding various technical qualifications, submitted online is correct.
3. No close relative of the undersigned and our firm/company is working in the department.
OR
Following close relatives are working in the department:
Name Post Present Posting
Signature with Seal of the Deponent (bidder)

I/ We, above deponent do hereby certify that the facts mentioned
in above paras 1 to 3 are correct to the best of my knowledge and belief. in the event of any
information is found to be incorrect/untrue or found violated then without giving any prior notice,
our bid shall be liable for rejection or termination of contract, without prejudice to any other rights
of remedy including in for future of the bid security/performance security.
Verified today (dated) at (place).
Signature with Seal of the Deponent (bidder)
Page 6 of 66
Annexure – C
PRE-QUALIFICATIONS CRITERIA
The bidder should have:

A. Financial
I. experience of having successfully executed:
a) three similar works, each costing not less than the amount equal to 20% of the
probable amount of contract during the last 5 financial years; or
b) two similar works, each costing not less than the amount equal to 30% of the
probable amount of contract during the last 5 financial years; or
c) one similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract in any one financial year during the last 5 financial
years;
ii. A v e r a g e annual construction turnover on the construction works not less than 50%
of the probable amount of contract during the last 5 financial years.
iii. Executed similar items of work in any one financial year during the last 5 financial
years, which should not be less than the minimum, physical requirement, if any, fixed
for the work.
iv. Bid Capacity – Bidder shall be allotted work up to his available Bid Capacity, which
shall be worked out as given in format I-2 of Annexure I. (Not Applicable)
B. Physical
Physical qualifications similar items of work in any one financial year during the last 3
financial years for the work shall be as below
Sno Particulars Quantity Period
Physical qualification required NO

1
(The Employer shall specify all physical qualifications required).
Note: For QULIFYING QUANTITY OF ITEM 50% QUANTITY OF THOSE ITEMS ARE TO RE
TAKEN WHOSE AMOUNT IS MORE THES 20% OF NIT AMOUNT.
Page 14 of 66
Annexure – D
SPECIAL ELIGIBILITY CRITERIA
The bidder should have experience of:

A. Erection of Steel Gates - ----------
B. Construction of tunnel - ----------
Note: Above criteria are indicative, subject to suitable stipulations by the departments and
specific bid.
Page 15 of 66
Specifications
ANNEXURE – E
(See clause 2 of Section 2 –ITB & Clause 10 of GCC)
1. MP UADD Department Specifications,
2. IRC Specification.
3. National Building Code IS 456.
(The soft copy of above specifications is available at departmental website

www.mpurban.gov.in)
The provisions of general / special conditions of contract, those specified
elsewhere in the bid document, as well as execution drawings and notes, or
other specifications issued in writing by the Employer shall form part of the
technical specifications of this work.
Page 16 of 66
Annexure -F
(See clause 3 of section 2-ITB)
Procedure for Participation in e-Tendering

1. Registration of Bidders on e-Tendering System:
All the PWD registered bidders are already registered on the new e-procurement portal http://mpetenders.gov.in The
user id will be the contractor ID provided to them from MP Online. The password for the new portal has been
sent to the bidders registered email ID. For more details may contact M/s. _Electronics Test & Development
Center STQC Directorate, Ministry of Electronics & Information Technology Govt of India Thiruvanmiyur, Chennai-
600041 email id: mpetenders@nic.in Helpdesk phone numbers 0120-4001 002 are available on website.
2. Digital Certificate:
The bids submitted online should be signed electronically with a Class III Digital Certificate to establish the identity
of the bidder submitting the bid online. The bidders may obtain Class III Digital Certificate issued by an
approved Certifying Authority authorized by the Controller of Certifying Authorities, Government of India. A Class
III Digital Certificate is issued upon receipt of mandatory identity proofs along with an application. Only upon the
receipt of the required documents, a Digital Certificate can be issued. For details please visitcca.gov.in.
Note:
I. It may take up to 7 working days for issuance of Class III Digital Certificate; hence the bidders are advised
to obtain the certificate at the earliest. Those bidders who already have valid Class III Digital Certificate
need not o b t a i n another Digital Certificate for the same.
The bidders may obtain more information and the Application From required to be submitted for the
issuance of Digital Certificate from cca.gov.in
ii. Bids can be submitted till bid submission end date. Bidder will require digital signature while bid
submission.
The digital certificate issued to the Authorized User of a Partnership firm / Private Limited Company / Public Limited
Company and used for online biding will be considered as equivalent to a no-objection certificate / power of attorney
to that user. In case of Partnership firm, majority of the partners have to authorize a specific individual through
Authority Letter signed by majority of the partners of the firm. In case of Private Limited Company, Public Limited
Company, the Managing Director has to authorize a specific individual through Authority Letter. Unless the
certificate is revoked, it will be assumed to represent adequate authority of the specific individual to bid on behalf of
the organization for online bids as per information Technology Act 2000. This Authorized User will be
required to obtain a Digital Certificate. The Digital Signature executed through the use of Digital Certificate of this
Authorized User will be binding on the firm. It shall be the responsibility of Management / Partners of the
concerned firm to inform the Certifying Authority, if the Authorized User changes, and apply for a fresh
Digital Certificate for the new Authorized User.
3. Set Up of Bidder’s Computer System:

In order for a bidder to operate on the e-tendering System, the Computer System of the bidder is required to be set up
for Operating System, Internet Connectivity, Utilities, Fonts, etc. The details are available at
https://www.mpetenders.gov.in
4. Key Dates:
The bidders are strictly advised to follow the time schedule (Key Dates) of the bid on their side for tasks and
responsibilities to participate in the bid, as all the stages of each bid are locked before the start time and date and after
the end time and date for the relevant stage of the bid as set by the Department.
5. Preparation and Submission of Bids
The bidders have to prepare their bids online, encrypt their bid Data in the Bid forms and submit Bid of all the
envelopes and documents related to the Bid required to be uploaded as per the time schedule mentioned in the key
dates of the Notice inviting e-Tenders after signing of the same by the Digital Signature of their authorized
representative.
Page 17 of 66
5. Purchase of Bid Document
For purchasing of the bid document bidders have to pay Service Charge online ONLY which is Rs. [as per Bid
Date Sheet]. Cost of bid document is separately mentioned in the Detailed NIT. The Bid Document shall be available
for purchase to concerned eligible bidders immediately after online release of the bids and up to scheduled time and
date as set in the key dates.
The payment for the cost of bid document shall be made online through Debit/Credit card, Net banking or NeFT
Challan through the payment gateway provided on the portal.
7 Withdrawal, Substitution and Modification of Bids

Bidder can withdraw and modify the bid till Bid submission end date.
Page 18 of 66
Annexure – G
(See clause 4 of Section 2 -ITB)
JOINT VENTURE (J.V.)

If J.V. is allowed following conditions and requirements must be fulfilled –
1. Number of partners in a Joint Venture shall not exceed 3 (three). The partners shall comply with the following
requirements:
a. One of the partners shall be nominated as being Lead Partner, and this authorization shall be evidenced by
submitting a power of attorney signed by legally authorized signatories of all the partners;
B. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on all
partners;
C. the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and
all partners of the joint venture and the entire execution of the contract, including payment, shall be done
Exclusively with the partner in charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution of the contract in
accordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned
under [c] above, as well as in the bid and in the Agreement [in case of a successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in respect of planning,
design, construction equipment, key personnel, work execution, and financing of the project. All members of JV
should have active participation in execution during the currency of the contract. This should not be
varied/modified subsequently without prior approval of the employer;
f. The joint venture agreement should be registered, so as to be legally valid and binding on all partners; and g.
a copy of the Joint Venture Agreement entered into by the partners shall be submitted with the bid.
2. All the partners should meet out the minimum qualifying criteria required for the bid and collectively must meet
the criteria specified in full. Failure to comply with this requirement will result in rejection of the joint venture‗s
bid.
3. The performance security of a Joint Venture shall be in the name of the partner Lead Partner/joint venture.
4. Attach the power of attorney of the partners authorizing the Bid signatory (ies) on behalf of the joint venture
5. An individual Bidder cannot at the same time be member of a Joint Venture applying for this Bid. Further a
member of a particular Bidder Joint Venture cannot be member of any other Bidder Joint Venture applying for this
bid.
6. Furnish details of participation proposed in the joint venture as below:
DETAILS OF PARTICIPATION IN THE JOINT VENTURE
PARTICIPATION DETAILS FIRM ‘A’ (Lead Partner) FIRM ‘B’ FIRM ‘C’
Financial
Name of the Banker(s)
Planning
Construction Equipment
Key Personnel
Execution of Work
(Give details on contribution of each)
7. The partners of J.V. should satisfy the qualification criteria as below,

a. The Lead Partner must meet at least 50% requirement of Technical and Financial eligibility criteria required for
the bid.
b. The other partner(s) must meet at least 25% requirement of Technical and Financial eligibility criteria
required for the bid.
c. The lead partner and the other partners should together meet 100% of all the eligibility criteria required for the bid.
8. For the meeting the minimum qualification criteria of experience of similar nature work, every partner can have
experience of different works as defined in similar nature works and together should have the experience of all type
of works described in similar nature works.
Page 19 of 66
Annexure - H
(See clause 12 of Section 2 –ITB & clause 4 of GCC)
ORGANIZATIONAL DETAILS
(To be Contained in Envelope - A)
S.
Particulars Details
No.
Registration number issued by Centralized
Registration System of Govt. of M.P. or Proof of
1. (If applicable, scanned copy of proof of
application for registration.
application for registration to be uploaded)
Registration No. Date
2. Valid Registration of bidder in appropriate class
(Scanned copy of Registration to be
through Centralized Registration of Govt. of MP
uploaded)
Name of Organization/ Individual/ Proprietary
3. Firm/ Partnership Firm
Entity of Organization
Individual/ Proprietary Firm/ Partnership Firm
4. (Registered under Partnership Act)/ Limited
Company (Registered under the Companies Act–
1956)/ Corporation/ Joint Venture
5. Address of Communication
6. Telephone Number with STD Code
7. Fax Number with STD Code
8. Mobile Number
9. E-mail Address for all communications
Details of Authorized Representative
10. Name
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax Number with STD Code
15. Mobile Number
16. E-mail Address
Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles
of Association and Memorandum of Association along with registration certificate of the
company shall have to be enclosed.
Signature of Bidder with Seal
Date:
Page 20 of 66
Annexure – I
Envelope – B, Technical Proposal
Technical Proposal shall comprise the following documents:
Sno Particulars Details to be submitted
1 Experience – Financial & Physical Annexure - I (Format: I-1)
2 Annual Turnover Annexure - I (Format: I-2)
List of technical personnel for the key

3 positions Annexure - I (Format: I-3)
List of Key equipments/ machines for

4 quality control labs Annexure - I (Format: I-4)
List of Key equipments/ machines for

5 construction work Annexure - I (Format: I-5)
Note:
1. Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.
Page 21 of 66
Annexure - I (Format: I-1)
FINANCIAL & PHYSICAL EXPERIENCE DETAILS

A. Financial Requirement:
The bidder should have completed either of the below:
a) Three similar works each costing not less than the amount equal to 20% of the probable
Amount of contract during the last 5 financial years; or
b) two similar works each costing not less than the amount equal to 30% of the probable
amount of contract during the last 5 financial years; or
c) one similar work of aggregate cost not less than the amount equal to 50% of the probable
amount of contract in any one financial year during the last 5 financial years;
To be filled in by the contractor:
I. Details of successfully completed similar works shall be furnished in the following format.
ii. Certificate duly signed by the employer shall also be enclosed for each completed similar work.
SN Agreement Name of Date of Work Date of Amount of Employer’s

Number & Work Order Completion Contract Name and
Year address
1 2 3 4 5 6 7
Existing commitments – (Value of ‘C’ for Bid Capacity formula)
SN Agreement Name of Date of Date of Amount of Amount of Employer’s

Number & Work Work Completion Contract balance Name and
Year Order work Address
1 2 3 4 5 6 7 8
B. Physical Requirement:
Execution of similar items of work in any one financial year during the last 3 financial years
Should not be less than the minimum physical requirement fixed for the work.
SNo Particulars Actual Quantity Executed
(To be filled in by the contractor)
Year – 1 Year – 2 Year – 3
Physical qualification required NO
1
2
Note:
1. Certificate duly signed by the employer shall be enclosed for the actual quantity executed in any one year
during the last 3 financial years.
2. Similar works: The similarity shall be based on the physical size, complexity, methods technology or
Other characteristics of main items of work viz. earth work, cement concrete, Reinforced cement
concrete, brick masonry, stone masonry etc.
Page 22 of 66
Annexure - I (Format: I -2)
ANNUAL TURN OVER

Requirement:
Average annual construction turnover on the construction works not less than 50% of the probable
amount of contract during the last 5 financial years;
Table to be filled by the contractor:
Financial Year Payments received for contracts in progress or completed
Note:
i. Annual turnover on construction work should be certified by the Chartered Accountant.

ii. Audited balance sheet including all related notes, and income statements for the above financial years to be
enclosed.
iii. Above Table is also to be used for arriving at value of maximum annual turnover ‘A”
iv. Value of ‘A’ to be used in bid capacity formula.
v. For immediate preceding financial year, if final audited balance sheet Certified by the chartered
Accountant is not available. Then provisionally certified balance sheet shall also be considered for the
purpose of annual turnover.
Bid Capacity
Applicants who meet the minimum qualifying criteria in the evaluation as stated above
are to be evaluated further for bid capacity as under:
Bid Capacity = (1.5 A X B) - C
Where
A = Maximum value of civil engineering works executed in any one Financial year during the last
five year ( Updated to the price level at the current financial year at the Compounded rate of
10% (Ten Percent) a year taking into account the completed as well as work in progress.
B = Number of years prescribed for completion of the works for which tender is invited (period
up to 6 months to be taken as half year and more than 6 months and up to one year as one
year.) any period beyond 12 months. The period actually mentioned in the N.I.T. shall be
considered. Period of completion given in month shall be divided by 12 to arrive at value of
B.
C= Amount of work in hand at present as per Table – 2 (format I-1)
Page 23 of 66
(See clause 14 of Section 2 –ITB & Clause 6 of GCC)
List of Technical Personnel for the Key Positions
Minimum requirement Available with the
Probable Amount of
Contract Rs. In cr.
Key Position bidder
Similar work
Similar work
requirement
Qualificatio
Qualificatio
experience
experience
Minimum
Personnel
Name of
Number
Status
Status
Age
Age
n
n
Up to 2 cr. Technologist .... .... .... .... ....
2 cr to 10 Engineer .... .... .... .... ....

cr.
Technologist .... .... .... .... ....
10 cr. To Engineer .... .... .... .... ....

50 cr.
Technologist .... .... .... .... ....
Technologist .... .... .... .... ....
For each Engineer .... .... .... .... ....

additional
50 cr. Engineer .... .... .... .... ....
Technologist .... .... .... .... ....
Technologist .... .... .... .... ....
Note: - Aforesaid criteria are part of technical bid but not part of prequalification. This requirement is to be
fulfilled by the contractor recovery shall be made as per GCC Clause 6.1 if technical personnel are not
deployed as above.
Page 24 of 66
Annexure I (Format: I -4)
List of Key Equipments/ Machines for Quality Control Labs
Minimum requirement Available with the bidder

S.No. Name of Equipment/ Quantity Name of Equipment/ Quantity
Machinery Machinery
1 Digging tools like pick axe, shovel, etc. ....
2 IS Sieves Nos. with lid and pan (90 mm, ....

80 mm, 63 mm, 53 mm, 45 mm, 37.5
mm,26.5 mm, 19 mm, 13.2 mm,11.2 mm,
9.5 mm, 4.75 mm,2.8 mm, 5.6 mm, 3.35
mm, 2.36 mm, 600 Micron,425 Micron,
300 Micron, 150 Micron, 180 Micron,
150 Micron, 180 Micron,90 Micron and
75 Micron)
3 Straight Edges 3.00 meter width ....
4 Electronic/digital balance 5 kg ....
5 Slump cone ....
6 Concrete cube moulds (150 mm X ....

150mm)
7 Free swelling index test Apparatus ....
8 Flakiness and elongation testing gauges ....
9 Water absorption test apparatus ....
10 Auto level and staff ....
11 Measuring tape, spatula, glassware, ....

porcelain dish, pestle mortar
12 Camber Board ....
13 Core Cutter (10 cm/15cm dia) ....

10cm/15cm height complete with dolly
and hummer.
14 ....
CBR Testing machine
15 ....
Digital Thermometers
16 ....
Aggregate Soundness test apparatus
17 ....
Concrete cube testing machine
Page 25 of 66
18 ....
First aid box
19 ....
Dial Gauges
20 ....
Thickness gauge
Page 26 of 66
List of Key Equipments/ Machines for Construction Work
Probable amount S.No. Minimum requirement Available with
of contract (PAC) the bidder
Name of Construction Equipment Machinery Quantity
Up to 2.00 cr. 1 Concrete Mechanical Mixer with Hopper ( 1 cum 1 nose
capacity Minimum)
2 Plate Vibrator 2 nose
3 Diesel/ Electric pin vibrator 2 nose
4 Fully well equipped lab 1 nose
5 Curing pump of 1.5 hp capacity with set of pipe 1 nose
6 Steel shuttering plates/ centering pipes 100 m2
7 Auto level instrument 1 nose
2.00 cr to 10.00 cr 1 Concrete Mechanical Mixer with Hopper 2 nose
2 Concrete weight batcher minimum 30 cubic meter 1 nose
capacity (as an when required)
6 Curing pump of 1.5 hp capacity with set of pipe 2 nose
7 Mm centering plates/ centering pipes 1000 m2
10.00 cr to 50 cr 1 Concrete Mechanical Mixer with Hopper 3 nose
2 Concrete weight batcher minimum 30 cubic meter 2 nose
capacity
6 Curing pump of 1.5 hp capacity with set of pipe 3nos
7 Steel centering plates/ centering pipes 1500 m2
1- For work costing above Rs. 50.00 cr additional equipments machines shall be deployed as
requirement.
2- Above minimum requirement are part of the technical bid but not part of prequalification
3- Above minimum requirement are required to complete the work in time.
Page 26 of 66
Annexure – J
FINANCIAL BID
(TO Be Contained Envelope-C)
NAME OF WORK ………………………………………………………………………………….
I/We hereby bid for the execution of the above work within the time specified at the rate (in
figures) (in words) percent below/ above or at par based
on the Bill of Quantities and item wise rates given therein in all respects and in accordance with the
specifications, designs, drawings and instructions in writing in all respects in accordance with such
conditions so far as applicable. I/We have visited the site of work and am/ are fully aware of all the
difficulties and conditions likely to affect carrying out the work. I/We have fully acquainted
myself/ourselves about the conditions in regard to accessibility of site and quarries/kilns, nature and
the extent of ground, working conditions including stacking of materials, installation of tools and
plant conditions effecting accommodation and movement of labour etc. required for the satisfactory
execution of contract.
Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms and
provisions of the said conditions of contract annexed hereto so far as applicable, or in default
thereof to forfeit and pay to the Governor of Madhya Pradesh or his successors in office the sums of
money mentioned in the said conditions.
Note:
I. Only one rate of percentage above or below or at par based on the Bill of Quantities and
item wise rates given therein shall be quoted.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and
words is found lower of the two shall be taken as valid and correct rate. If the bidder is not
ready to accept such valid and correct rate and declines to furnish performance security
and sign the agreement his earnest money deposit shall be forfeited.
iii. in case the percentage "above" or "below" is not given by a bidder; his bid shall be treated
as non-responsive.
iv. All duties, royalties, levies ,and taxes except goods and services tax (GST) are included in
the rate ( in case of percentage rate bids) / lump sum offer ( in case of lump – sum bids)
quoted by the bidder.
Signature of Bidder
Name of Bidder
The above bid is hereby accepted by me on behalf of the Governor of Madhya Pradesh
dated the day of 20
Signature of Officer by whom accepted

Page 27 of 66
Annexure – K
MATERIALS TO BE ISSUED BY THE DEPARTMENT
Sno Name of material Rate (Issue rate) Unit Remarks
Page 28 of 66
Annexure – L
LETTER OF ACCEPTANCE (LOA)

No. Dated:
To,
M/s.
(Name and address of the contractor)
Subject:
(Name of the work as appearing in the bid for the work)
Dear Sir (s),

Your bid for the work mentioned above has been accepted on behalf of the Governor of
Madhya Pradesh at your bided percentage Below/ above or at par the Bill of Quantities and
item wise rates given therein.
You are requested to submit within 15 (Fifteen) days from the date of issue of this letter:
a. The performance security/ performance guarantee of Rs. (In figures)
(Rupees In w o r d s o n l y ). The
Performance security shall be in the shape of term deposit receipt/ bank guarantee of any
nationalized / schedule commercial bank valid up to three months after the expiry of
defects liability period.
b. Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is
Months including/ excluding rainy season, shall be reckoned from the date of signing
the contract agreement.
Signing the contract agreement shall be reckoned as intimation to commencement of work
and no separate letter for commencement of work is required. Therefore, after signing of the
agreement, you are directed to contact the Engineer-in-charge for taking the possession of site and
Necessary instructions to start the work.
Yours Faithfully
Executive Engineer
Page 29 of 66
Annexure – M
PERFORMANCE SECURITY
To
[Name of Employer]
[Address of Employer]
WHEREAS [Name and address of Contractor]

(Hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance No.
Dated To [Name o f C o n t r a c t a n d b r i e f d e s c r i p t i o n of
e x e c ut e W o r ks ]
(Hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on behalf of
the Contractor, up to a total of [amount of guarantee]* (in words), such sum
being payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of [amount of guarantee] as aforesaid without your needing to prove or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract of the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of the Defect
Liability Period.
Signature, Name and Seal of the guarantor _________

Name of Bank _________
Address_______________________________________________________________________________
Phone No., Fax No., E-mail Address, of Signing Authority ______
Date __________
* An amount shall be inserted by the Guarantor, representing the percentage the Contract Price
specified in the Contract including additional security for unbalanced Bids, if any and denominated
in Indian Rupees.
Page 30 of 66
SECTION 3
Conditions of Contract
Part – I General Conditions of Contract [GCC]
Table of Clauses of GCC
Clause Claus
No Particulars e No Particulars
A. General 21 Payments for Variations and / or Extra
Quantities
1 Definitions 22 No compensation for alterations in or restriction
Of work to be carried out.
2 Interpretations and Documents 23 No Interest Payable
3 Language and Law 24 Recovery from Contractors
4 Communications 25 Tax
5 Subcontracting 26 Check Measurements
6 Personnel 27 Termination by Engineer in Charge
7 Force Majeure 28 Payment upon Termination
8 Contractor's Risks 29 Performance Security
9 Liability For Accidents To Person 30 Security Deposit
10 Contractor to Construct the Works 31 Price Adjustment-NA
11 Discoveries 32 Mobilization and Construction Machinery
Advance-NA
12 Dispute Resolution System 33 Secured Advance-NA
B. Time Control 34 Payments Certificates
13 Programme E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
16 Contractor‗s quoted percentage F. Other Conditions of Contract
C. Quality Control 37 Currencies
17 Tests 38 Labour
18 Correction of Defects noticed 39 Compliance with Labour Regulations
during the Defect Liability Period
D. Cost Control 40 Audit and Technical Examination

19 Variations - Change in original 41 Death or Permanent Invalidity of Contractor
Specifications, Designs, Drawings
etc.
20 Extra Items 42 Jurisdiction
Page 31 of 66
A. General
1. DEFINITIONS
1.1. Bill of Quantities: means the priced and completed Bill of Quantities forming part of the
Bid.
1.2. Chief Engineer: means Chief Engineer of the zone/ basin concerned.
1.3. Completion: means completion of the work as certified by the Engineer-in-Charge, in
accordance with provisions of agreement.
1.4. Contract: means the Contract between the Employer and the Contractor to execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries the same
meaning wherever used.
1.5. Contract Data: means the documents and other information which comprise of the
Contract.
1.6. Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7. Contractor's bid: means the completed bid document submitted by the Contractor to the
Employer.
1.8. Contract amount: means the amount of contract worked out on the basis of accepted bid.
1.9. Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply completion of
work or any component thereof.
1.10. Day: means the calendar day.
1.11. Defect: means any part of the work not completed in accordance with the specifications
included in the contract.
1.12. Department: means Department of the State Government viz. Water Resources
Department, Public Works Department, Public Health Engineering Department, Rural
Engineering Service and any other organization which adopts this document.
1.13. Drawings: means drawings including cal culations and other information
provided or approved by the Engineer-in-Charge.
1.14. Employer: means the party as defined in the Contract Data, who employs the Contractor
to carry out the work. The Employer may delegate any or all functions to a person or body
nominated by him for specified functions. The word Employer / Government / Department
wherever used denote the Employer.
1.15. Engineer: means the person named in the Contract Data.
1.16. Engineer in charge: means the person named in the Contract Data.
1.17. Equipment: means the Contractor's machinery and vehicles brought temporarily to the Site
for execution of work.
1.18. Government: means Government of Madhya Pradesh.
1.19. In Writing: means communicated in written form and delivered against receipt.
1.20. Material: means all supplies, including consumables, used by the Contractor for
incorporation in the work.
1.21. Superintending Engineer: means Superintending Engineer-in-Charge of the Circle concerned.
1.22. Stipulated period of completion: means the period in which the Contractor is required to
complete the work. The stipulated period is specified in the Contract Data.
1.23. Specification:means the specification of the work included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
1.24. Start Date: means the date of signing of agreement for the work.
1.25. Sub-Contractor: means a person or corporate body who has a Contract with the Contractor,
duly authorized to carry out a part of the construction work under the Contract.
1.26. Temporary Work: means work designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the work.
Page 32 of 66
1.27. Tender/Bid, Tenderer/Bidder: are the synonyms and carry the same meaning where ever
used.
1.28. Variation: means any change in the work which is instructed or approved as variation under
this contract.
1.29. Work: The expression "work" or "works" where used in these conditions shall unless there
be something either in the subject or context repugnant to such construction, be construed
and taken to mean the work by virtue of contract, contracted to be executed, whether
temporary or permanent and whether original, altered, substituted or additional.
2. INTERPRETATIONS AND DOCUMENTS
2.1 Interpretations
In the contract, except where the context requires otherwise:
A. words indicating one gender include all genders;
b. Words indicating the singular also include the plural and vice versa.
C. provisions i n c l u d i n g t h e w o r d ― agree‖, ―agreed‖ or ―agreement‖ require t h e
Agreement to be recorded in writing;
d. written‖ or ―in writing‖ means hand-written, type-written, printed or electronically
made, and resulting in a permanent record;
2.2 Documents Forming Part of Contract:
1. NIT with all amendments.
2. Instructions to Bidders (ITB, Bid Data Sheet with all Annexure)
3. Conditions of Contract:
I. Part I General Conditions of Contract and the Contract Data; with all Annexure
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Bill of Quantities
7. Technical and Financial Bid
8. Agreement, and
9. Any other document(s), as specified.
3. Language and Law
The language of the Contract and the law governing the Contract are stated in the Contract
Data.
4. Communications
All certificates, notice or instruction to be given to the Contractor by Employer/Engineer
Shall be sent to the address or contact details given by the Contractor in [Annexure H of
ITB]. The address and contact details for communication with the Employer/ Engineer shall
be as per the details given in the Contract Data. Communication between parties that are
referred to in the conditions shall be in writing. The notice sent by facsimile (fax) or other
electronic means (email) shall also be effective on confirmation of the transmission. The
notice sent by registered post or speed post shall be effective on delivery or at the expiry of
the normal delivery period as undertaken by the postal service. In case of any change in
address for communication, the same shall be immediately notified to Engineer-in-Charge.
5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified in the
Contract Data with following conditions.
a. The Contractor may subcontract up to 25 percent of the contract price with the approval
of the Employer in writing, but will not assign the Contract. Subcontracting shall not
alter the Contractor's obligations.
b. Following shall not form part of Subcontracting:
Page 33 of 66
I. Hiring of labour through a labour contractor.
ii. T h e purchase of Materials to be incorporated in the works.
iii. Hiring of plant & machinery
c. The sub-contractor will have to be registered in the appropriate category in the
centralized registration system for contractors of the GoMP.
6. Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if applicable. If
the Contractor fails to deploy required number of technical staff, recovery as specified in
the Contract Data will be made from the Contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within three days and has no further connection with the Works in
the Contract.
7. Force Majeure
7.1 The term ―Force Majeure‖ means an exceptional event or circumstance:
(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? 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:
(I) War, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(ii) Rebellion, terrorism, sabotage by persons other than the Contractor‗s Personnel,
revolution, insurrection, military or usurped power, or civil war,
(iii) Riot, commotion, disorder, strike or lockout by persons other than the Contractor‗s
Personnel,
(iv) Munitions of war, explosive materials, ionising 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
(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.
7.2. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party
affected by such force majeure shall upon notification to the other party be suspended for
the period during which force majeure event lasts. The cost and loss sustained by either
party shall be borne by respective parties.
7.3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply. It is clarified that this
sub clause shall not give eligibility for price adjustment to contracts which are otherwise
not subject to the benefit of price adjustment clause.
7.4 The time for performance of the relative obligation suspended by the force majeure shall
stand extended by the period for which such cause lasts. Should the delay caused by force
majeure exceed twelve months, the parties to the contract shall be at liberty to foreclose the
contract after holding mutual discussions.
8. Contractor's Risks
8.1 All risks of loss or damage to physical property and of personal injury and death which
arise during and in consequence of the performance of the Contract are the responsibility of
Page 34 of 66
the Contractor.
8.2 All risks and consequences arising from the inaccuracies or falseness of the documents,
drawing, designs, other documents and/or information submitted by the contractor shall be
the responsibility of the Contractor alone, notwithstanding the fact that the designs/
drawings or other documents have been approved by the department.
9. Liability for Accidents to Person

The contractor shall be deemed to have indemnified and saved harmless the Government
against all action, suits, claims, demands, costs etc. arising in connection with injuries
suffered by any persons employed by the contractor or his subcontractor for the works
whether under the General law or under workman's compensation Act, or any other statute
in force at the time of dealing with the question of the liability of employees for the injuries
suffered by employees and to have taken steps properly to ensure against any claim there
under.
10. Contractor to Construct the Works

10.1 The Contractor shall construct, install and maintain the Works in accordance with the
Specifications and Drawings as specified in the Contract Data.
10.2 In the case of any class of work for which there is no such specification as is mentioned
in Contract Data, such work shall be carried out in accordance with the instructions and
requirement of the Engineer-in-charge.
10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and generally
of all means used for the fulfillment of this contract whether such means may or may not
be approved or recommended by the Engineer.
11. Discoveries
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 Engineer of
such discoveries and carry out the Engineer's instructions for dealing with them.
12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in Contract
Data in writing giving full description and grounds of dispute. It is clarified that merely
recording protest while accepting measurement and/or payment shall not be taken as
raising a dispute.
12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer shall
not be liable for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30 days to
the Appellate Authority as defined in the Contract Data. The Appellate Authority
shall decide the dispute within 45 days.
12.5 Appeal against the order of the Appellate Authority can be preferred before the Madhya
Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham
Adhikaran Adhiniyam, 1983.
12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum.
B. Time Control
13. Programme
Page 35 of 66
13.1Within the time stated in the Contract Data, the Contractor shall submit to the Engineer
For approval a Programme showing the general methods, arrangements, order and timing
for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its execution.
The contractor shall submit the list of equipment and machinery being brought to site,
the list of key personnel being deployed, the list of machinery/equipment being placed
in field laboratory and the location of field laboratory along with the Programme.
13.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining Works, including any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does
not submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.
13.5 The Engineer's approval of the Programme shall not alter the Contractor's obligations.
14. Extension of Time
14.1. If the Contractor desires an extension of time for completion of the work on the ground
of his having been unavoidably hindered in its execution or on any other grounds, he
shall apply, in writing, to the Engineer-in-charge, on account of which he desires such
extension. Engineer-in-Charge shall forward the aforesaid application to the
Competent Authority as prescribed.
14.2 The competent authority shall grant such extension at each such occasion within a
Period of 30 days of receipt of application from contractor and shall not wait for finality
of work. Such extensions shall be granted in accordance with provisions under clause-
15 of this agreement.
14.3 In case the work is already in progress, the Contractor shall proceed with the execution
of the works, including maintenance thereof, pending receipt of the decision of the
competent authority as aforesaid with all due diligence.
15. Compensation for delay
15.1 The time allowed for carrying out the work, as entered in the agreement, shall be strictly
observed by the Contractor.
15.2 The time allowed for execution of the contract shall commence from the date of signing
of the agreement. It is clarified that the need for issue of work order is dispensed with.
15.3 In the event milestones are laid down in the Contract Data for execution of the works,
the contractor shall have to ensure strict adherence to the same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract such
liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer-in-charge shall retain from the bills of the Contractor
amount equal to the liquidated damages leviable until the Contractor makes such delays
good. However, the Engineer-in-charge shall accept bankable security in lieu of
retaining such amount.
15.6 If the Contractor is given extension of time after liquidated damages have been paid, the
Engineer in Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.
15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall be
Page 36 of 66
adjusted against the liquidated damages levied.
16. Contractor's quoted percentage
The Contractor‗s quoted percentage rate referred to in the "Bid for works" will be deducted/
Added from/to the net amount of the bill after deducting the cost of material supplied by the
department.
C. Quality Control
17. Tests
17.1 The Contractor shall be responsible for:
a. Carrying out the tests prescribed in specifications, and
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified and
having such equipments as are specified in the Contract Data.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is specified
in the Contract Data.
18. Correction of Defects noticed during the Defect Liability Period
18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well before
the end of the Defect Liability Period. The Defect Liability Period shall automatically
stand extended until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period to
the satisfaction of the Engineer, within the time specified by the Engineer, the Engineer
will assess the cost of having the Defect corrected, and the cost of correction of the
Defect shall be recovered from the Performance Security or any amount due or that may
become due to the contractor and other available securities.
D. Cost Control
19. Variations - Change in original Specifications, Designs, and Drawings etc.
19.1 The Engineer-in-charge shall have power to make any alterations, omissions or
additions to or substitutions in the original specifications, drawings, designs and
instructions, that may appear to him to be necessary during the progress of the work and
the contractor shall carry out the work in accordance with any instructions which may be
given to him in writing signed by the Engineer-in-charge, and such alterations,
omission, additions or substitutions shall not invalidate the contract and any altered,
additional or substituted work, which the contractor may be directed to do in the manner
above specified, as part of the work, shall be carried out by the contractor on the same
conditions in all respects on which he agrees to do the main work.
19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-charge shall be conclusive as to such proportion.
20. Extra items
20.1 All such items which are not included in the priced BOQ shall be treated as extra items.
21. Payments for Variations and / or Extra Quantities
21.1 The rates for such additional (Extra quantity), altered or substituted work / extra items
under this clause shall be worked out in accordance with the following provisions in
their respective order:-
a. The contractor is bound to carry out the additional (Extra quantity), work at the
Page 37 of 66
same rates as are specified in the contract for the work.
b. If the item is not in the priced BOQ and is included in the SOR of the department,
the rate shall be arrived at by applying the quoted tender percentage on the SOR rate.
c. If the rates for the altered or substituted work are not provided in applicable
SOR - such rates will be derived from the rates for a similar class (type) of work as
is provided in the contract (priced BOQ) for the work.
d. If the rates for the altered, substituted work cannot be determined in the
manner specified in the sub clause (c) above - then the rates for such composite
work item shall be worked out on the basis of the concerned Schedule of Rates
minus/plus the percentage quoted by the contractor.
e. If the rates for a particular part or parts of the item is not in the Schedule of Rates
and the rates for the altered, or substituted work item cannot be determined in the
manner specified in sub clause (b) to (d) above, the rate for such part or parts will be
determined by the Competent Authority as defined in the Contract Data on the basis
of the rate analysis derived out of prevailing market rates when the work was done.
f. But under no circumstances, the contractor shall suspend the work on the plea of
non-acceptability of rates on items falling under sub clause (a) to (d). In case the
contractor does not accept the rate approved by the Engineer in Charge for a
particular item, the contractor shall continue to carry out the item at the rates
determined by the Competent Authority. The decision on the final rates payable
shall be arrived at through the dispute settlement procedure.
22. No compensation for alterations in or restriction of work to be carried out.
22.1 If at any time after the commencement of the work, the Engineer-in-charge, for any
reason whatsoever, not require the whole or any part of the work as specified in the bid
to be carried out; the Engineer-in-charge shall give notice in writing of the fact to the
Contractor and withdraw that whole or any part of the work.
22.2 The Contractor shall have no claim to any payments or compensation whatsoever, on
account of any profit or advantage which he might have derived from the execution of
work in full or on account of any loss incurred for idle men and machinery due to any
alteration or restriction of work for whatsoever reason.
22.3 The Engineer-in-charge may supplement the work by engaging another agency to
execute such portion of the work, without prejudice to his rights.
23. No Interest Payable
No interest shall be payable to the Contractor on any payment due or awarded by any
authority.
24. Recovery from Contractors
Whenever any claim against the Contractor for the payment arises under the contract, the
Department may be entitled to recover such sum by:
(a) Appropriating, in part or whole of the Performance Security and Additional
Performance Security, if any; and/or Security Deposit and / or any sums payable under
the contract to the contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the balance sum
may be recovered from any payment due to the contractor under any other contract of
the department, including the securities which become due for release.
(c) The department shall, further have an additional right to effect recoveries as arrears of
land revenue under the M.P. Land Revenue Code.
25. Tax
25.1 The rates (in case of percentages rate bids) / lump sum offer (in case of lump sum bids)
quoted by the contractor shall be deemed to be inclusive of all duties, 0 royalties, levies
and taxes except goods and services tax (GST) the amount of applicable GST will be
Page 38 of 66
paid separately to the contractor with each bill at the time of payment.
25.2 The liability, if any, on account of quarry fee, duties, taxes (except GST), Royalties and
levies in respect of material consumed or services rendered on public work shall be borne
by the contractor.
25.3 Any changes in the taxes due to change in legislation or for any other reason shall not be
payable to the contractor.
26. Check Measurements
26.1 The department reserves to itself the right to prescribe a scale of check measurement of
work in general or specific scale for specific works or by other special orders.
26.2 Checking of measurement by superior officer shall supersede measurements by
subordinate officer(s), and the former will become the basis of the payment.
26.3 Any over/excess payments detected, as a result of such check measurement or otherwise
At any stage up to the date of completion of the defect liability period specified in this
contract, shall be recoverable from the Contractor, as per clause 24 above.
27. Termination by Engineer in Charge
27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in
Charge may by notice require the Contractor to make good the failure and to remedy it
within a specified reasonable time.
27.2 The Engineer in Charge shall be entitled to terminate the Contract if the contractor
A) Abandons the Works or otherwise plainly demonstrates the intention not to
continue performance of his obligations under the Contract;
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) Without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period of time;
d) the Contractor does not maintain a valid instrument of financial security as
prescribed;
e) The Contractor has delayed the completion of the Works by such duration for
which the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up a
field laboratory as specified in the Contract Data;
g) If the contractor, in the judgment of the Engineer in charge has engaged in corrupt or
fraudulent practices in competing for or in executing the contract;
h) Any other fundamental breaches as specified in the Contract Data.
27.3 In any of these events or circumstances, the Engineer in Charge may, upon Giving 14
days‗notice to the Contractor, terminate the Contract and expel the Contractor from the
Site. However, in the case of sub-paragraph (b) or (g) of Clause 27.2, the Engineer in
Charge may terminate the Contract immediately.
27.4 Not withstanding the above, the Engineer-in-Charge may terminate the Contract for
convenience by giving notice to the Contractor.
28. Payment upon Termination

28.1 If the contract is terminated under clause 27.3, the Engineer shall issue a certificate for
value of the work accepted on final measurements, less Advance Payments and Penalty
as indicated in the Contract Data. The amount so arrived at shall be determined by the
Engineer-in-Charge and shall be final and binding on both the parties.
Page 39 of 66
28.2 Payment on termination under clause 27. 4 above -If the Contract is terminated under
clause 27.4 above, the Engineer shall issue a certificate for the value of the work done,
the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel
employed solely on the Works, and the Contractor's costs of protecting and securing the
Works and less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be deducted at source as
per applicable law.
28.3 If the total amount due to the Employer exceeds any payment due to the Contractor, the
difference shall be recovered as per clause 24 above.
29. Performance Security
The Contractor shall have to submit performance security and additional performance
security, if any, as specified in the Bid Data Sheet at the time of signing of the contract.
The contractor shall have to ensure that such performance security and additional
performance security, if any, remains valid for the period as specified in the Contract Data.
30. Security Deposit-
30.1 Security Deposit shall be deducted from each running bill at the rate as specified in the
Contract Data. The total amount of Security Deposit so deducted shall not exceed the
percentage of Contract Price specified in the Contract Data.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or fixed
deposit receipt assigned to the Employer, with validity up to 3 (three) months beyond
the completion of Defect Liability Period/ extended Defect Liability Period.
30.3 The Security Deposit shall be refunded on completion of Defect Liability Period.
31. Price Adjustment- NOT APPLICABLE
31.1 Applicability
1. Price adjustment shall be applicable only if provided for in the Contract Data.
2. The price adjustment clause shall apply only for the works executed from the date of
signing of the agreement until the end of the initial intended completion date or
extensions granted for reasons attributed to the Employer by the Engineer.
3. The Contractor shall not be entitled to any benefit arising from the price adjustment
clause for extension in the contract period for reasons attributed to the Contractor.
4. In the Force Majeure event the price escalation clause shall apply.
31.2 Procedure
1. Contract price shall be adjusted for increase or decrease in rates and price of labour,
materials, fuels and lubricants in accordance with following principles and procedures and
as per formula given in the contract data.
2. The price adjustable shall be determined during each quarter from the formula
given in the contract data.
3. Following expression and meaning are assigned to the work done during each
quarter:
R= Total value of work during the quarter. It would include the amount of secured
advance granted, if any, during the quarter, less the amount of secured advance recovered, if
any during the quarter, less value of material issued by the department, if any, during
the quarter.
4. Weightages of various components of the work shall be as per the Contract Data.
31.3 To the extent that full compensation for any rise or fall in costs to the contractor is not
covered by the provisions of this or other clauses in the contract, the unit rates and
prices included in the contract shall be deemed to include amounts to cover the
Page 40 of 66
contingency of such other rise or fall in costs.
31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favour of the Employer, the same
shall be recovered from the sums payable to the Contractor.
32. Mobilization and Construction Machinery Advance- NOT APPLICABLE
32.1 Payment of advances shall be applicable if provided in the Contract Data.
32.2 If applicable, the Engineer in Charge shall make interest bearing advance payment to the
contractor of the amounts stated in the Contract Data, against provision by the
contractor of an unconditional Bank Guarantee in a form and by a nationalized/
scheduled banks, in the name as stated in the Contract Data, 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.
32.3 The rate of interest chargeable shall be as per Contract Data.
32.4 The construction machinery advance, if applicable, shall be limited to 80% of the cost of
construction machinery and admissible only for new construction machinery.
32.5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account shall
be taken of the advance payment or its recovery in assessing valuations of work done,
variations, price adjustments, compensation events, or liquidated damages.
33. Secured Advance- NOT APPLICABLE

33.1 Payment of Secured Advance shall be applicable if provided in the Contract Data.
33.2 If applicable, the Engineer shall make advance payment against materials intended for
but not yet incorporated in the Works and against provision by the contractor of an
unconditional Bank Guarantee in a form and by a nationalized/ scheduled bank, in the
name as stated in the Contract Data, in amounts equal to the advance payment. The
guarantee shall remain effective until the advance payment has been adjusted, but the
amount of the guarantee shall be progressively reduced by the amounts adjusted by the
contractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in
the Contract Data.
33.4 The Secured Advance paid shall be recovered as stated in the Contract Data.
34. Payment Certificates

The payment to the contractor will be as follows for construction work:
(a) The Contractor shall submit to the Engineer monthly statements of the value of the work
executed less the cumulative amount certified previously, supported with detailed
measurement of the items of work executed.
(b) The Engineer shall check the Contractor‗s monthly statement and certify the amount to
be paid to the Contractor.
(c) The value of work executed shall be determined, based on the measurements approved
by the Engineer/ Engineer-in-charge.
(d) The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
(e) The value of work executed shall also include the valuation of V a r i a t i o n s and
Page 41 of 66
Compensation Events.
(f) All payments shall be adjusted for deductions for advance payment, security deposit,
other recoveries in terms of contract and taxes at source as applicable under the law.
(g) The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
(h) Payment of intermediate certificate shall be regarded as payments by way of advance
against the final payment and not as payments for work actually done and completed.
(I) Intermediate payment shall not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or be considered as an
admission of the due performance of the contractor any part thereof, in any respect or
the occurring of any claim.
(j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.
E. Finishing the Contract
35. Completion Certificate
35.1 A Completion Certificate in the prescribed format in Contract Data shall be issued by
the Engineer-in-Charge after physical completion of the Work.
35.2 After final payment to the Contractor, a Final Completion Certificate in the prescribed
Format in the Contract Data shall be issued by the Engineer-in-Charge.
36. Final Account

36.1 The Contractor shall supply the Engineer with a detailed account of the total amount that
the Contractor considers payable for works under the Contract within 21 days of issue of
certificate of physical completion of works. The Engineer shall issue a Defects Liability
Certificate and certify any payment that is due to the Contractor within 45 days of
receiving the Contractor‗s account if it is correct and complete. If the account is not
correct or complete, the Engineer shall issue within 45 days a schedule that states the
scope of the corrections or additions that are necessary. If the Account is still
unsatisfactory after it has been resubmitted, the matter shall be referred to the
Competent Authority as defined in the Contract Data, who shall decide on the amount
payable to the Contractor after hearing the Contractor and the Engineer in Charge.
36.2 In case the account is not received within 21 days of issue of Certificate of Completion
as provided in clause 35.1 above, the Engineer shall proceed to finalize the account and
issue a payment certificate within 28 days.
F. Other Conditions of Contract

37. Currencies
All payments will be made in Indian Rupees.
38. Labour
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.
38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed by the
Page 42 of 66
Contractor on the Site and such other information as the Engineer may require.
39. Compliance with Labour Regulations

39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall abide
at all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or the
Central Government or the local authority. Salient features of some of the major labour
laws that are applicable to construction industry are given in the Contract Data. The
Contractor shall keep the Employer indemnified in case any action is taken against the
Employer by the competent authority on account of contravention of any of the
provisions of any Act or rules made their under, regulations or notifications including
amendments. If the Employer is caused to pay or reimburse, such amounts as may be
necessary to cause or observe, or for non-observance of the provisions stipulated in the
notifications/byelaws/Acts/Rules/ regulations including amendments, if any, on the part
of the Contractor, the Engineer/Employer shall have the right to deduct from any money
due to the Contractor including h i s amount of performance security. The
Employer/Engineer shall also have right to recover from the Contractor any sum
required or estimated to be required for making good the loss or damage suffered by the
Employer. The employees of the Contractor and the Sub-Contractor in no case shall be
treated as the employees of the Employer at any point of time.
40. Audit and Technical Examination

Government shall have the right to cause an audit and technical examination of the works and
the final bill of the contract including all supporting vouchers, abstract etc. to be made after
payment of the final bill and if as a result of such audit and technical examination any sum is
found to have been overpaid in respect of any work done by the contractor under the contract
or any work claimed by him to have been done under the contract and found not to, have been
executed, the Contractor shall be liable to refund the amount of overpayment and it shall be
lawful for Government to recover the same from him in the manner prescribed in clause 24
above and if it is found that the Contractor was paid less than what was due to him, under the
contract in respect of any work executed by him under it, the amount of such under payment
shall be duly paid by Government to the Contractor.
41. Death or Permanent Invalidity of Contractor

If the Contractor is an individual or a proprietary concern, partnership concern, dies during the
currency of the contract or becomes permanently incapacitated, where the surviving partners
are only minors, the contract shall be closed without levying any damages/ compensation as
provided for in clause 28.2 of the contract agreement. However, if the competent authority is
satisfied about the competence of the survivors, then the competent authority shall enter into a
fresh agreement for the remaining work strictly on the same terms and conditions under which
the contract was awarded.
42. Jurisdiction
This contract has been entered into the State of Madhya Pradesh and its validity, construction,
interpretation and legal effect shall be subjected to the courts at the place where this
agreement is entered into. No other jurisdiction shall be applicable.
[End of GCC]
Page 43 of 66
Contract Data
Clause Particulars Data
reference
1.14 Employer Nagar Palika Parishad Pithampur
1.15 Engineer Executive Engineer, Nagar Palika parishad
pithampur
1.16 Engineer in Charge Executive Engineer, Nagar palika pithampur
1.22 Stipulated period of completion 01 month
3 Language & Law of Contract English & Indian Contract Act 1872
4 Address & contact details of the Contractor As per Annexure H
Address & contact details of the Employer/ Nagar Palika Parishad Pithampur
Engineer – phone, Fax, e-mail. Contact No.-99818 03847
Email: cmopithampur@mpurban.gov.in
5 Subcontracting permitted for the Contract ...............
Value
6 Technical Personnel to be provided by the As per Annexure-I (Format I-3)
contractor
Penalty, if required Technical Personnel not As Per Rule
employed
10 Specifications As per Annexure E
Drawings As per Annexure – N
12 Competent Authority for deciding dispute Chief Municipal Officer
under Dispute Resolution System
Appellate Authority for deciding dispute PIC/President/ Parishad
under Dispute Resolution System
Period for submission of updated As Per Rule
construction program
13 Amount to be withheld for not submitting As Per Rule
construction program in the prescribed
period
Competent Authority for granting Time Chief Municipal
Extension Officer/PIC/President/Parishad
Milestones laid down for the contract Yes
15 If Yes, details of Milestones As per 'Annexure - O' or
complete work within the stipulated time
Liquidated damage As per Annexure – P
List of equipment for lab As per Annexure – Q
17 Time to establish lab 30 days from date of signing of the Agreement
Penalty for not establishing field Laboratory As Per Rule
18 Defect Liability Period 36 Months after physical completion of work
21 Competent Authority for determining the Chief Municipal
rate Officer/PIC/President/Parishad
27 Any other condition for breach of contract -
28 Penalty Shall include
Penalty (a) Security deposit as per clause 30 of
General Conditions of Contract and
Page 44 of 66
(b Liquidated Damages imposed as per
clause 15 or Performance Security
(Guarantee) including Additional
Performance Security (Guarantee), if any, as
per clause 29 of General Conditions of
Contract, whichever is higher
29 Performance guarantee (Security) shall be 3 years
valid up to
30 Security Deposit to be deducted from each At the rate of 7%. Of gross amount of running
running bill bill
Maximum limit of deduction of Security Up to 7% of Final Contract Amount.
Deposit
31 Price Adjustment formula and procedure As per Annexure R
to calculate
The price Adjustment shall apply only in
respect of Cement, Steel, Bitumen and POL
components
31.1 (1) Price adjustment shall be applicable Price Adjustment shall be applicable only in
case where
As per contract data sheet.
32 32.1 Mobilization and Construction No Mobilization and Construction Machinery

Advance
Machinery Advance Applicable Payable
32.2 If yes, Unconditional Bank NOT APPLICABLE
Guarantee
32.3 If yes, Rate of interest chargeable on NOT APPLICABLE
advances
32.4 If yes, Type & Amount of Advance NOT APPLICABLE
payment that can be paid
32.5 If yes, Recovery of advance payment NOT APPLICABLE
33 33.1 Secured Advance Applicable NOT APPLICABLE
Page 45 of 66
ANNEXURE – N
(See clause 10 of Section 3 – GCC )
Drawings
List of drawings –SEPARATELY ATTACHED WITH THE TENDER DOCUMENTS
Page 46 of 66
ANNEXURE-0
(See dause 15 of Section 3 -GCC)
Details of Milestones
NOTE:- COMPLETE WORK WITHIN THE STIPULATED TIME
Page 47 of 66
ANNEXURE – P
(See clause 15 of Section 3 -GCC )
Compensation for Delay
If the contractor fails to achieve the milestones, and the delay in execution of work is
attributable to the contractor, the Employer shall retain an amount from the sums payable
and due to the contractor as per following scale -
i. Slippage up to 25% in financial target during the milestone under consideration

— 2.5% of the work remained unexecuted in the related time span.
ii. S l i p p a g e exceeding 25% but Up to 50% in financial target during the milestone under
consideration - 5% of the work remained unexecuted in the related time span..
iii. Slippage exceeding 50% but Up to 75% in financial target during the milestone under
consideration -7.5% of the work remained unexecuted in the related time span..
iv. Slippage exceeding 75% in financial target during the milestone under consideration -10%
of the work remained unexecuted in the related time span.
Note: For arriving at the dates of completion of time span related to different milestones, delays
which are not attributable to the Contractor shall be considered. The slippage on any
milestone is if made good in subsequent milestones or at the time of stipulated period of
completion, the amount retained as above shall be refunded. In case the work is not
completed within the stipulated period of completion along with all such extensions which
are granted to the Contractor for either Employer‗s default or Force Majeure, the
compensation shall be levied on the contractor at the rate of 0.05% per day of delay limited
to a maximum of 10% of contract price.
The decision of Superintending Engineer shall be final and binding upon both the
parties.
Page 48 of 66
ANNEXURE – Q
List of Equipment for Quality Control Lab
Page 49 of 66
ANNEXURE - R
Price Adjustment
NOT APPLICABLE
The formulas for adjustment of price are as follow:
R= Value of work as defined in Clause 31.2(3) of General Conditions of Contract
Weightages* of component in the work
Percentage of
S.No Component component in the work
1 Cement – Pc
2 Steel - Ps
3 Bitumen – Pb
4 POL – Pf
* Weightages of various components of the work shall be as determined by the

competent technical sanction authority.
Adjustment for cement component
(ii) Price adjustment for increase or decrease in the cost of cement procured by the
contractor shall be paid in accordance with the following formula:
VC= 0.85 x PC/100 x R x (C1-C0)/C0
Vc= increase or decrease in the cost of work during the month under
Consideration due to changes in rates for cement.
Co= The all India wholesale price index for Grey cement on the date of opening of Bids
as published by the Ministry of Industrial Development, Government of India, New
Delhi. (www.eaindustry.nic.in)
C1 = The all India average wholesale price index for Grey cement for the month under
consideration as published by Ministry of Industrial Development, Government of
India, New Delhi.(www.eaindustry.nic.in)
P c= Percentage of cement component of the work
Note : For the application of this clause, index of Grey Cement has been chosen to
represent Cement group.
Adjustment of steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:
Page 50 of 66
Vs= 0.85 x PS x /100 x R x (S1-S0)/S0
Vs= Increase or decrease in the cost of work during the month under consideration due to
changes in the rates for steel.
S0= The all India wholesale price index for steel (Bars and Rods) on the date of
opening of Bids as published by the Ministry of Industrial Development,
Government of India, New Delhi. (www.eaindustry.nic.in)
Si = The all India average wholesale price index for steel (Bars and Rods) for
the month under consideration as published by Ministry of Industrial
Development, New Delhi. (www.eaindustry.nic.in)
Ps= Percentage of steel component of the work.
Note : For the application of this clause, index of Bars and Rods has been chosen to
represent steel group.
Adjustment of bitumen component
(iv) Price adjustment for increase or decrease is the cost of bitumen shall be
paid in accordance with the following formula:
Vb= 0.85x Pb / 100xRx( Bi – Bo) / Bo
Vb= Increase or decrease in the cost of work during the
month under consideration due to changes in rates for bitumen.
Bo = The official retail price of bitumen at the IOC depot at nearest
center on the date of opening of Bids.
Bi = The official retail price of bitumen of IOC depot at nearest center
for the 15th day of the month under consideration.
Pb = Percentage of bitumen component of the work.
Adjustment of POL (fuel and lubricant) component
( V) Price adjustment for increase or decrease in cost of POL ( fuel and lubricant
) shall be paid in accordance with the following formula:
Vf= 0.85 x Pf / 100 x R x ( Fi – Fo) / Fo
Vf = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for fuel and
lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the
existing consumer pumps of IOC at nearest center on the date
of opening of Bids.
Fi = The official retail price of HSD at the existing consumer pumps of IOC
at nearest center for the 15th day of month of the under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note : For the application of this clause, the price of High Speed Diesel has been
chosen to represent fuel and lubricants group.
Page 51 of 66
Annexure – S
NOT APPLICABLE
Bank Guarantee Form for Mobilization and Construction Machinery
Advance
To
[name of Employer]
[address of Employer]
[name of Contractor]
In accordance with the provisions of the General Conditions of Contract, clause 31
("Mobilization and Construction Machinery Advance") of the above-mentioned
Contract
[name and address of Contractor] (hereinafter called "the
Contractor") shall deposit with [name of Employer] a bank guarantee
to guarantee his proper and faithful performance under the said Clause of
the Contract in an amount of
[amount of Guarantee]* [in
words].
We, the [bank of financial institution], as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and
not as surety merely, the payment to [name of Employer] on his first
demand without whatsoever right of obligation on our part and without his first claim to
the Contractor, in the amount not exceeding _[amount of guarantee]*
[in words].
We further agree that no change or addition to or other modification of the terms of
the Contractor or Works to be performed thereunder or of any of the Contract documents
which may be made between [name of Employer] and the
Contractor, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until [name of Employer] receives full
repayment of the same amount from the Contractor.
Yours truly,
Signature and Seal : …………………….
Name Of Bank/Financial Institution:…………………………
Address : ………………………………….
Date :
* An amount shall be inserted by the Bank or Financial Institution representing the

amount of the Advance Payment, and denominated in Indian Rupees.
Page 52 of 66
Annexure – T
NOT APPLICABLE
Bank Guarantee Form for Secured Advance
INDENTURE FOR SECURED ADVANCES
This indenture made the of 20 BETWEEN

(hereinafter called the contractor which expression shall where the
context so admits or implies be deemed to include his executors, administrators and
assigns) or the one part and the Employer of the other part.
Whereas b y an agreement dated ………….. (Hereinafter cal l ed t he said Agreement)
the contractor has agreed.
AND WHEREAS the contractor has applied to the Employer that he may be allowed
advanced on the security of materials absolutely belonging to him and brought by him to the
site of the works the subject of the said agreement for use in the construction of such of
the works as he has undertaken to executive at rates fixed for the finished work (inclusive
of the cost of materials and labour and other charges)
AND WHEREAS the Employer has agreed to advance to the Contractor the sum of
Rupees on the security of materials the quantities and
other particulars of which are detailed in Accounts of Secured Advance attached to the
Running Account Bill for the said works signed by the Contractor on and the
Employer has reserved to himself the option of making any further advance or advances
on the security of other materials brought by the Contractor to the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement And in
consideration of the sum of Rupees on or before the execution of these Presents paid to
the Contractor by the Employer (the receipt where of the Contractor doth hereby
acknowledge) and of such further advances (if any) as may be made to him as a for said the
Contractor doth hereby covenant and agree with the President and declare as follows: That the
said sum of Rupees so advanced by the Employer to
(1) the Contractor as aforesaid and all or any further sum of sums advanced as
aforesaid shall be employed by the Contractor in or towards expending the
execution of the said works and for no other purpose whatsoever.
(2) That the materials details in the said Account of Secured Advances which have
been offered to and accepted by the Employer as security are absolutely the
Contractor's own propriety and free from encumbrances of any kind and the
contractor will not make any application for or receive a further advance on the
security of materials which are not absolutely his own property and free from
encumbrances of any kind and the Contractor indemnified the Employer against all
claims to any materials in respect of which an advance has be made to him as
aforesaid.
(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may
hereafter be made as aforesaid (hereafter called the said materials) shall be used
by the Contractor solely in the execution of the said works in accordance with the
directions of the Engineer.
(4) That the Contractor shall make at his own cost all necessary and adequate
arrangements for the proper watch, safe custody and protection against all risks of
Page 53 of 66
the said materials and that until used in construction as aforesaid the said materials
shall remain at the site of the said works in the Contractor's custody and on his
own responsibility and shall at all times be open to inspection by the Engineer or
any officer authorized by him. In the event of the said materials or any part thereof
being stolen, destroyed or damaged or becoming deteriorated in a greater degree
than is due to reasonable use and wear thereof the Contractor will forthwith replace
the same with other materials of like quality or repair and make good the same
required by the Engineer.
(5) That the said materials shall not be removed from the site of the said works except
with the written permission of the Engineer or an officer authorized by him on that
behalf.
(6) That the advances shall be repayable in full when or before the Contract receives
payment from the Employer of the price payable to him for the said works under the
terms and provisions of the said agreement. Provided that if any intermediate
payments are made to the Contractor on account of work done than on the occasion
of each such payment the Employer will be at liberty to make a recovery from the
Contractor's bill for such payment by deducting there from the value of the said
materials than actually used in the construction and in respect of which recovery has
not been made previously, the value for this purpose being determined in respect
of each description of materials at the rates at which the amounts of the
advances made under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance or
observance in any respect of any of the terms and provisions of the said agreement
or of these presents the total amount of the advance or advances that may still be
owing of the Employer shall immediately on the happening of such default be re-
payable by the Contractor to be the Employer together with interest thereon at
twelve percent per annum from the date or respective dates of such advance or
advances to the date of repayment and with all costs, charges, damages and
expenses incurred by the Employer in or for the recovery thereof or the
enforcement of this security or otherwise by reason of the default of the Contractor
and the Contractor hereby covenants and agrees with the Employer to reply and pay
the same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the
repayment to the Employer of the said sum of Rupees…………………………..
and any further sum of sums advanced as aforesaid and all costs, charges, damages
and expenses payable under these presents PROVIDED ALWAYS and it is hereby
agreed and declared that notwithstanding anything in the said agreement and
without prejudice to the power contained therein if and whenever the covenant
for payment and repayment here-in-before contained shall become enforceable and
the money owing shall not be paid in accordance there with the Employer may at
any time thereafter adopt all or any of the following courses as he may deem best:
(a) Seize and utilise the said materials or any part thereof in the completion of
the said works on behalf of the contractor in accordance with the provision in
that behalf contained in the said agreement debiting the contractor with the
actual cost of effecting such completion and the amount due to the contractor
with the value of work done as if he had carried it out in accordance with the
said agreement and at the rates thereby provided. If the balance is against the
contractor, he is to pay same to the Employer on demand.
Page 54 of 66
(b) Remove and sell by public auction the seized materials or any part thereof
and out of the moneys arising from the sale retain all the sums aforesaid
repayable or payable to the Employer under these presents and pay over the
surplus (if any) to the Contractor.
(C) Deduct all or any part of the moneys owing out of the security deposit or any
sum due to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid
interest on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and
the said agreement the provisions of these presents shall prevail and in the event of
any dispute or difference arising over the construction or effect of these presents
the settlement of which has not been here-in-before expressly provided for the
same shall be referred to the Employer whose decision shall be final and the
provision of the Indian Arbitration Act for the time being in force shall apply to any
such reference.
Page 55 of 66
Annexure – U
Physical Completion
Certificate
Name of Work:
……………………………………………….………………………………………………
…………………………………………………….…………………………………………
…………………………………………….…………………………………………………
……………………….……………………………………………………….......................
Agreement No. ……………………..…………………………………………………….…
Date…………………..……………...................................................................................
Amount of Contract Rs…………………………….…….................................................
Name of Agency : …………………………………………………………………………
Used MB No. ---------------------------------------------------------------------------------------------
Last measurement recorded
a. Page No. & MB No.
b. Date
Certified that the above mentioned work was physically completed on ……………….
(date) and taken over on ……………….. (date) and that I have satisfied myself to best of
my ability that the work has been done properly.
Date of issue
Executive
Engineer
…........................
………………….
Page 56 of 66
Annexure – V
Final Completion Certificate
Name of Work:
……………………………………………….………………………………………………
…………………………………………………….…………………………………………
…………………………………………….…………………………………………………
……………………….……………………………………………………….........................
Agreement no. ……………………………………………………………………………….
Date……………………………………................................................................................
Name of Agency :…………………………………………………………………………….
Used MB No. -----------------------------------------------------------------------------------------
Last measurement recorded

a. Page No. & MB No.
b. Date
Certified that the above mentioned work was physically completed on ……………….
(date) and taken over on ……………….. (date)………..Agreement amount Rs.
…………………..
Final Amount paid to contractor Rs. -------------------- Incumbency of officers for the work
I have satisfied myself to best of my ability that the work has been done
properly. Date of issue
Executive Engineer
….....................................
…………………………..
Page 57 of 66
Annexure – W
Salient Features of Some Major Labour Laws Applicable
a) Workmen Compensation Act 1923: - The Act provides for compensation in case
of injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the
Act on satisfaction of certain conditions on separation if an employee has
completed the prescribed minimum years (say, five years) of service or more or on
death the rate of prescribed minimum days‗(say, 15 days) wages for every
completed year of service. The Act is applicable to all establishments employing the
prescribed minimum number (say, 10) or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for
monthly contributions by the Employer plus workers at the rate prescribed (say,
10% or 8.33%). The benefits payable under the Act are:
i. Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act 1951: - The Act provides for leave and some other
benefits to women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides
for certain welfare measures to be provided by the Contractor to contract labour
and in case the Contractor fails to provide, the same are required to be provided, by
the Principal Employer by Law. The principal Employer is required to take
Certificate of Registration and the Contractor is required to take license from the
designated Officer. The Act is applicable to the establishments or Contractor of
Principal Employer if they employ prescribed minimum (say 20) or more contract
labour.
f) Minimum Wages Act 1948: - The Employer is to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if
the employment is a scheduled employment. Construction of buildings, roads,
runways is scheduled employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to
be paid, when it will be paid and what deductions can be made from the wages of
the workers.
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages
for work of equal nature to male and female workers and for not making
discrimination against female employees in the matters of transfers, training and
promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments
employing prescribed minimum (say, 20) or more workmen. The Act provides for
payments of annual bonus within the prescribed range of percentage of wages to
employees drawing up to the prescribed amount of wages, calculated in the
prescribed manner. The Act does not apply to certain establishments. The newly
set-up establishments are exempted for five years in certain circumstances. States
may have different number of employment size.
j) Industrial Disputes Act 1947: - The Act lays down the machinery and
procedure for resolution of industrial disputes, in what situations a strike or lock-
out becomes illegal and what are the requirements for laying off or retrenching the
employees or closing down the establishment.
k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all
Page 58 of 66
establishments employing prescribed minimum (say, 100, or 50). The Act provides
for laying down rules governing the conditions of employment by the Employer
on matters provided in the Act and gets these certified by the designated Authority.
l) Trade Unions Act 1926: - The Act lays down the procedure for registration of
trade unions of workmen and Employers. The Trade Unions registered under the
Act have been given certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits
employment of children below 14 years of age in certain occupations and processes
and provides for regulations of employment of children in all other occupations
and processes. Employment of child labour is prohibited in building and
construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of
Service) Act 1979: - The Act is applicable to an establishment which employs
prescribed minimum (say, five) or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the
establishment situated in another state). The Inter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided
certain facilities such as Housing, Medical-Aid, Travelling expenses from home up
to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment
and Conditions of Service) Act 1996 and the Cess Act of 1996: - All the
establishments who carry on any building or other construction work and employs
the prescribed minimum (say, 10) or more workers are covered under this Act. All
such establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the Government. The Employer of the
establishment is required to provide safety measures at the building or construction
work and other welfare measures, such as canteens, first-aid facilities, ambulance,
housing accommodations for workers near the work place etc. The Employer to
whom the Act applies has to obtain a registration certificate from the Registering
Officer appointed by the Government.
p) Factories Act 1948: - The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing the
prescribed minimum (say, 10) persons or more with aid of power or another
prescribed minimum (say, 20) or more persons without the aid of power engaged
in manufacturing process.
Page 59 of 66
SECTION 3
Conditions of Contract
Part – II Special Conditions of Contract[SCC]
Page 60 of 66
SECTION 4
BILL OF QUANTITIES (BOQ)

General Description of work:……………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
Probable Amount of Contract:
(Rs. In Figure) -------------------------------------------------------------------------------------
(Rs. In Words) ------------------------------------------------------------------------------------
S. Particulars of Item Quantity Unit Rate Amount Amount Remarks

No. of Work (in figure) (in words)
I II III IV V VI VII VIII
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Total Amount (Rs. In Figure)
Total Amount (Rs. In Words)
Executive Engineer
….....................................
……………………………..
Section 3 –Part -II Special Condition of

Contract (SCC) Section 4 – Bill of
Quantities (BOQ)
Page 61 of 66
SECTION 5
AGREEMENT FORM
AGREEMENT
This agreement, made on the…………………………………… Day of…………………………….
Between…………………………….(name and address of Employer) (hereinafter called " the
Employer) and……………………………(name and address of contractor) hereinafter called "the
Contractor" of the other part.
Whereas the Employer is desirous that the Contractor

execute……………………………………….
(name and identification number of Contract) (hereinafter called "the Works") and the Employer has
accepted the Bid by the Contractor for the execution and completion of such Works and the remedying
of any defects therein, at a cost of
Rs………………………………………………………………………….
NOW THIS AGREEMENT WITNESSED as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the conditions of contract hereinafter referred to and they shall be
deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works
and remedy any defects therein in conformity in all aspects with the provisions of the
contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying the defects wherein Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as part
of this
Agreement viz.
i. Letter of
Acceptance ii.
Contractor's Bid
iii. Condition of Contract: General
and Special iv. Contract Data
v. Bid Data
vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of the Contract.
In witnessed whereof the parties there to have caused this Agreement to be executed the
day and
year first before written.
The Common Seal of…………………………………….. was hereunto affixed in the
presence of:
Signed, Sealed and Delivered by the said……………………………………… in the presence of:
Binding Signature of Employer……………………………………………………………………..
Binding Signature of Contractor………………………………………………………………………
Page 62 of 66

348594

Uploaded by

Copyright:

Available Formats

348594

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

348594

Uploaded by

Copyright:

Available Formats

GOVERNMENT OF MADHYA PRADESH

Urban Administration and Development Department

Name of the Contractor :

(Rs. In Words): ..............................

Stipulated Period of Completion: 03 month

Bid Data Sheet 10 - 11

Part - II Special Conditions of 60

Urban Administration and Development Department

S. No./ Work District(s) Probable Completion

1. Interested bidders can view the NIT on website http://mpetenders.gov.in .

6. MPUADD ORDER NO 13014 DATED 14.11.2017 AND ORDER NO 13373 DATED

Chief Municipal Officer

Details can be seen in the Bid Data Sheet.

Chief Municipal Officer

2. General Quality of Work:

4. ONE BID PER BIDDER

10. Amendment of Bid Documents

10.2 All amendments shall form part of the Bid Document.

a. ―corrupt practice‖ means the offering, giving, receiving, or soliciting, directly or

b. ―fraudulent practice‖ means any act or omission, including a misrepresentation,

Envelope-C Financial Bid Annexure – J

Account Detail For Online EMD Name of Account Holder

Performance security in the format Annexure M

S. Works Department Start Expiry Envelopes

3 - ............. ............. ............. .............

In exceptional case, if physical submission of certain documents is found essential, then

Chief Municipal Officer

Name Post Present Posting

Signature with Seal of the Deponent (bidder)

Signature with Seal of the Deponent (bidder)

The bidder should have:

Sno Particulars Quantity Period

Physical qualification required NO

(The Employer shall specify all physical qualifications required).

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of:

B. Construction of tunnel - ----------

1. MP UADD Department Specifications,

3. National Building Code IS 456.

(The soft copy of above specifications is available at departmental website

Procedure for Participation in e-Tendering

3. Set Up of Bidder’s Computer System:

5. Preparation and Submission of Bids

7 Withdrawal, Substitution and Modification of Bids

JOINT VENTURE (J.V.)

7. The partners of J.V. should satisfy the qualification criteria as below,

Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

Sno Particulars Details to be submitted

1 Experience – Financial & Physical Annexure - I (Format: I-1)

2 Annual Turnover Annexure - I (Format: I-2)

List of technical personnel for the key

List of Key equipments/ machines for

List of Key equipments/ machines for

FINANCIAL & PHYSICAL EXPERIENCE DETAILS

SN Agreement Name of Date of Work Date of Amount of Employer’s

Existing commitments – (Value of ‘C’ for Bid Capacity formula)

SN Agreement Name of Date of Date of Amount of Amount of Employer’s

ANNUAL TURN OVER