N.I.T. No.

280

/2715001/EDP/2016-17/E-in-C/ e-tendering

Bhopal Dt. 16.08.2016

Government of Madhya Pradesh

Water Resources Department

Executive Engineer
E/M H.E.M. Division
Water Resources Department, Amarkantak Bhawan,
Press Complex, Zone -1, M.P. Nagar, Bhopal

Tender Document
Form - C

Name of Work

Supply of spare parts for CT 85 No. 1 &

D50A15 No. 92

Value put to Tender

Rs. 178315.00

(PAC)
Amount of Contract

Name of Contractor

Agreement No.& Date:

Work Order No. &

Date
Period of Contract

90 Days from the date of issue of order.

Instructions for Officers Issuing Tender Documents

1.

All the blanks in the Tender Documents should be filled in fully and properly. No blank should be left
unfilled.

2.

There should be no overwriting in the Documents. If any word or line of words is not required, the
same should be cut by a line over it and desired/correct words should be written above incorrect
words.

3.

In the Memorandum, Name of the Contractor and Tendered amount should be entered by the Tender
Accepting Authority.

N.I.T. No. 280

/2715001/EDP/2016-17/E-in-C/ e-tendering

Bhopal Dt. 16.08.2016

Government of Madhya Pradesh Water Resources Department.

Executive Engineer
E/M H.E.M. Division
Water Resources Department, Amarkantak Bhawan,
Complex, Zone -1, M.P. Nagar, Bhopal

Press

Tender Document
Form - C

1
.

Name of Work:

Supply of spare parts for CT 85 No. 1 &

D50A15 No. 92

2.

Value of Work put: to

Tender
Amount of Earnest Money

Rs. 178315.00

4.
5.

Time Allowed
:
To whom issued :

15 Days from the date of issue of order.

6.

(a)Cost of Tender
Document
(b)Ref. to money Receipt
Clauses of N.I.T. not
applicable

Rs.1000/- (Rs One Thousand Only)

3
.

7.

Rs. 3570.00

Receipt will be generated online

As per Tender documents

(Issued By)
(A.K. Pandey)
Executive Engineer
E/M H.E.M. Division
W. R. Deptt. Bhopal

Note:

The information is to be filled in by the online bidder, submitting the tender documents to the issuing
authority.

Government of Madhya Pradesh

Executive Engineer
E/M H.E.M. Division
Water Resources Department, Amarkantak Bhawan,
Complex, Zone -1, M.P. Nagar, Bhopal

Press

NOTICE INVITING TENDER

N.I.T. No. 280
/2715001/EDP/2016-17/E-in-C/ e-tendering
Bhopal Dt. 16.08.2016
Online tender for following are invited in form C Last Date of purchase of Tender
Document is
.. at 17:30 hr and Bid can be submitted up .. at 17:30 hr. The detail
conditions of the tender have been given in the website: http:/wrd.mpeprocurement.gov.in .
There will be no publication for any amendment/modification for the following tenders in
newspapers. Any amendment/modification if required, in published NIT can be seen only on the
website http:/wrd.mpeprocurement.gov.in .

System Tender No . 6500

Sr..
.
No.

Name of works

Quanti
ty

Provable
amount of
contract

3
As per
G
Sched
ule

4
SRs. 178315.00

Supply of spare
parts for CT 85
No. 1 & D50A15
No. 92

Amount
of
Earnest
Money
5
Rs.
3570.00

1 Tender Documents can be purchased online from

17:30 hr

Cost of
Tender
Docume
nt
6
1000.00

..

Category
of
Contracto
rs
7
C &
above

Perio
d of
suppl
y.
8
15 Days
from the
date of
issue of
order.

, 10:30 hr to

2 The Bid data should be filled and the Bid Seals (Hashes) of all the envelopes and
the documents which are to be uploaded by the bidders should be submitted
online
, 10:30 hr to 17:30 hr.
3- Earnest Money Deposit of Rs. 3570.00. (Rs Three Thousand Five Hundred Seventy only) in the
shape of F.D.R./S.T.D.R./ issued by any Nationalized / Indian Scheduled Bank or Demand Draft
of any Nationalized / Indian Scheduled Bank of Madhya Pradesh or other States payable at
Bhopal Distt. Bhopal (M.P.) in favour of Executive Engineer, E/M H.E.M.
Division Water Resources Department Bhopal , Distt. Bhopal (M.P.) shall only
be accepted
4- All documents / certificates required to be submitted online in Envelope A is compulsorily be submitted. In
case of any dispute, the decision of officer who is competent to decide the technical qualification will be
final. In support of copies of Certificates / Documents submitted online by the Contractor as technical
qualification documents, the Contractor / his representative have to produce the original Certificates /
Documents to be submitted upto 10:30:00 AM,

Envelope - A & C shall be opened online between . 10.40 hr

4

4
a
b

The following documents are required to be scanned and uploaded in Envelope A

while submitting the online bid:

Copy of Registration
Earnest Money
In addition, to above original documents (a) must be physically submitted
in Envelope-A upto
, 10:30 hr at the concerned
Executive Engineer E/M H.E.M. Division Water Resources Department Bhopal or to
the Account Officer, e-tendering Cell, Room No. 115, O/o The Engineer-inChief, WRD, Tulsi Nagar, Bhopal. If bidder fails to submit above mentioned
original documents / certificates in Envelope A in the manner described
herewith, such bid shall be disqualified and the registration of such bidder
shall be eligible for suspension.
7. The Contractor have to produce the original Certificates / Documents for their
verification if required.

8. Envelope C should contain the following:

The bidder shall quote his price online in prescribed format only

Annexure A
(See clause 1, 7 of Section 1 -NIT

KEY DATES
Seq.
No

WRD Stage

Mandatory submission
Open (Envelop- A)

Financial Bid open

(Envelop-C)

Bidder Stage

Start Date &

Time

Expiry Date &

Time

Purchase of
Tender
Online

22.08.2016
10:30

07.09.2016
17:30

Envelope C,
Envelope B
Envelope A,

Bid
Submission
online
-

22.08.2016
10:30

08.09.2016
17:30

09.09.2016
10:30

Envelope C,
Envelope B
Envelope A,
Envelope A

09.09.2016
10:40

Envelopes

Envelope C

Original term deposit receipt of earnest money deposit, demand draft for the cost
of bid document and affidavit shall be submitted by the bidder so as to reach the
office as prescribed in Bid Data Sheet, at least one calendar day before specified
start time and date in key dates for opening of technical proposal as per Key dates
in Bid Data Sheet.
A.K. Pandey
Executive . Engineer
E/M HE.M. Division
W.R. Deptt. Bhopal

(APPENDIX 2.10)
GOVERNMENT OF MADHYA PRADESH
WATER RESOURCES DEPARTMENT
DETAILED NOTICE INVITING TENDERS
(in Form - A, B, C)
Date of Issue of N.I.T............................
Date of Receipt of Tender....................
1.
INTRODUCTION :
1.1
Sealed tenders are invited on behalf of the Water Resources Department for the following work in
Form 'C' and will be received online at the office of the Executive Engineer E/M H.E.M. Division
Water Resources Department Bhopal upto........................................PM on
the..............................................from categories......................to......................of
'A'
Class contractors registered, in - Not applicable.
'B'
Class registered in the - Not applicable.
'C'
Class in the office of the Executive Engineer of...............................................Division........................
Name of work : Supply of spare parts for CT 85 No. 1 & D50A15 No. 92
Amount of Estimate: SRs. 178315.00
Probable amount of contract SRs. 178315.00
Amount of earnest money .Rs. 3570.00
5 Time allowed for completion 15 Days from the date of issue of order . including/excluding rainy season
from the date of written order to commence the work
1.2
The electrical work shall be executed only through the contractors who possess proper valid electric
licence from the Chief Electrical Advisor to the Government. He should also attach a copy of the licence.
1.3
Not more than one tender shall be submitted by a contractor or by a firm of contractors.
1.4
Not two or more concerns in which an individual is interested as a proprietor and/or partner shall tender
for the execution of the same work. If they do so, all such tenders shall beliable to be rejected.
1.5
The Executive Engineer, E/M H.E.M. Division, Water Resources Department, Bhopal shall
be accepting officer hereinafter referred to as such for the purpose of this contract.
1.6
Application issue of tender documents shall be submitted to....................................................................so
as to reach the office not later than...................................
1.7
Tender documents consisting of plans specifications, schedule(s) of quantities of the various classes of
work to be done, the conditions of contract and other necessary documents, together with addressed
envelopes to be used for return of forms and other documents will be open for inspection and issued for
sale on payment of Rs 2,000.00 on or before......................... and up to......................................
1.8
The copies of the drawings and documents pertaining to the work signed for the purpose of identification
by the accepting officer or his accredited representative and samples of materials to be arranged by the
contractor will be open for inspection by tenderers at the following office during working hours between
the dates mentioned in clause 1.7 above.
1.9
The bidder shall have to sign the agreement within 10 days from the date of issue of a tender acceptance
letter.
A.K. Pandey
Executive . Engineer
E/M HE.M. Division
W.R. Deptt. Bhopal

2.
RATES:
2.1
The schedule of items:The schedule of main items of work to be executed is enclosed as Annexure (F),
2.2
Percentage rate tender in form "A" or "C"
2.2.1 In respect of percentage rate tenders, contractor should quote his separate tender percentage rate above
or below the following schedule of rate.
(a)
Building works - The current schedule of rates issued by the................................................ in force
from........................................................ and its amendments.................................................issued upto date of
N.I.T.
(b)
Electrical Fitting - The current schedule of rates issued by the................................................ inforce
with effect from.........................................................................and its amendments issued upto the date of issued
of NIT.
(c)
Water supply and sanitary fittingsThe current schedule for rates issued by
the..................................................................................................................
inforce
with
effect
from....................................................................and its amendments issued upto date of issue of N.I.T.
(d)
Road Works - The current schedule of rates issued by the................................................... inforce with
effect from.............................................................and its amendments issued upto the date of issue of N.I.T.
2.2.2 (Form "A" only) The percentage of tender above/below or at par with the relevant schedule rates inclusive
of amendments and correction slips issued upto the date of the notice inviting tenders should be expressed on
the tender from itself both in words and figures in such a way that interpolation is not possible and all over
writing should be neatly scored out and rewritten and the corrections should be duly attestred prior to the
submission of tender. Tenders not specifying percentage in words will summarily be rejected. Any amendments
to the schedule of rates after the date of issue of this tender notice or the date of issue of any amendments to the
NIT specially notifying the said amendment to the current schedule of rates, shall not apply to this tender.
2.2.3 The percentage tendered by the contractor will apply to those rates which find place in current schedule
of rates mentioned in clause 2.2.1 or have been derived from the said current schedule of rates and not to other
items of work.
2.2.4. The percentage quoted by the contractor shall not be altered by the contractor during the terms of
contract. The deduction or addition as the case may be of the percentage will be calculated on the amount of the
bill for the work done, after deducting the cost of materials supplied departmentally at rates specified in the
agreement.
2.3.1 Item Rate tenders in Form-"C" In respects of item rate tenders, contractor should quote his rates for
the items mentioned in the schedule of item in Annexure-F of this N.I.T. Only rates quoted shall be considered.
The rates should be expressed in figures as well as words and the unit should be as given by the Department. The
contractor will not have the freedom to change the unit. Noi percentage above or below the schedule be quoted.
2.3.2. The rates quoted in the tender for the various items of work will not be altered by the contractor during
the term of contract.
2.4
Lead and lift of water - No lead and lift for carting of water will be paid.
2.5
Lead and lift of materials - No lead and lift for carting of materials shall be payable to the contractor
except in case of such items for which specific lead and life are provided in the current schedule of rates
mentioned in clause 2.2.1. of the NIT or in the schedule of items in respect of item rate tenders.
2.6
Non schedule items of works - During the execution of the work there is like hood of such items of
work, which do not find place in the current schedule of rates, referred to above in respect of percentage rate
contracts or such items which are given in the schedule of items in respect of item rate contracts, for which
contractor has not quoted his rates. Contractor will have to carry out these items of work.
8

Rates of such items of work which do not find place in the current schedule of rates referred to above, in
respect of percentage rate contractors or such items in respect of item rate contracts shall be decided by
the................................................................and the decision of the......................................... shall be binding on
the contractor. The quantum of such work will not exceed 10% of amount of contract unless accepted by the
department and the contractor.
3.
Submission of Tender:
3.1
Earnest money - No Tender will be received without a deposit of earnest money of Rs. 3570.00
which will be returned to the unsuccessful tenderers on the rejection of their tenders or earlier as may be decided
by the competent authority and on production of a certificate of............................................ that all tender
documents have been returned and will be retained from the successful tenders as part of the security deposit.
3.2
Form of Earnest Money:
3.2.1 Where the amount of Earnest money is more than Rs.500/- the same shall be accepted only in the shape
of Bank drafts or in other shapes mentioned in W.D.Manual Para 2.0789 in favour of officer inviting tender.
3.2.2 The intending tenders from other states may remit E.M in the bank draft of any schedule bank to the
Executive Engineer.....................................................................
3.3
Earnest Money in separate covers - The Earnest Money in one of the prescribed forms should be
produced/sent separately and not kept in the covers containing the tender and if the earnest money is not found in
accordance with the prescribed mode the tender will be returned unopened to the tenderer.
3.4
Adjustment of Earnest Money - Earnest money, which has been deposited for a particular work, will
not, ordinarily, be adjusted towards the earnest money for another, work, but if the tender of contractor for a
work in the same division has been rejected and the earnest money has not been refunded to him due to any
reason it may be so adjusted by the Executive Engineer.
3.5
Security Deposit - (a) The Security deposit shall be recovered from the Running Bills, @5%.percent as
per clause-1 of the agreement read with para 3.5 of the NIT
(b)
The amount of the E.M. shall not be adjusted when value of work done reached the limit of the
amount of Contract or exceeds the probable amount of the contract.
3.6
Implication of submission of Tender - Tenderers are advised to visit site sufficiently in advance of the
date fixed for admission of the tender. A tenderer shall be deemed to have full knowledge of the relevant
documents, samples, site etc. whether he inspects them or not.
3.7
The submission of a tender by contractor implies that he has read the notice, conditions of tender and all
other contract documents and made himself aware of the standard and procedure. In this respect, laid down in
the National, Building Code of India 1970 Indian Standards the scope and specification of the work to be done
and the conditions and rates at which stores, tools and plants etc. will be issued to him by
the.......................................................has seen the quarries with their approaches, site or work, etc. and satisfied
himself regarding the suitability and availability of site of work, etc. and satisfied himself regarding the
suitability and availability of the materials at the quarries. The responsibility of opening new quarries and
construction and maintenance of approaches thereto shall be wholly with the contractor.
3.8
Income Tax Clearance Certificate - A tenderer purchasing tender documents for works exceeding
Rs.2.00 lacs shall submit either an Income Tax Clearance in the form printed as Annexure D or a certificate from
the Income Tax authority that the assessment is under consideration. No tender documents can be issued/sold to
him unless such certificate is submitted.
3.9
List of works in progress - Tenders be accompanied by a list of contracts already held by the tenderer at
the time of submitting the trender, in the Department and elsewhere showing therein.
(i)
the amount of each contract.
(ii)
balance of work remaining to be done and
(iii)
the amount of solvency-certificate produced by him at the time of enrolment in
the......................................
3.10
Relationship - The contractor shall not be permitted to tender for work in the Division (responsible for
award and Execution of contracts) in which his near relative is posted as Divisional Accountant. He shall
intimate the names of his near relative working in......................................Secretariat and........................................
Divisions. He shall also intimate the name of persons who are working with him in any capacity or
subsequently employed by him
and who are near relatives to any gazetted officer in
the.............................Secretariat. Any breach of this condition by the condition by the contractor would render
himself liable to be removed from the approved list of contractors of the................................
9

3
4

Note - By the term near relative is meant wife, husband, parents and son, grand son brothers, sisters, brother-inlaws, father-in-law and mother-in-law.
3.11
The tender for the works shall be witnessed by a contractor. Failure to observe this condition shall render
the tender f the contractor liable to rejection.
4.
Opening and Acceptance of Tender:
4.1
Place and Time of opening - The tender shall be opened at time and place stated in para-1 by the
Executive Engineer in the presence of the tenderer or their-duly authorised agents who may be choose to attend.
The Executive Engineer under unavoidable circumstances, may depute another officer in his absence to receive
and open tenders in his behalf.
4.2
Powers of Executive Engineer - The Executive Engineer does not bind himself to accept or
recommended for the acceptance to the...............................................................or other higher authority, the
lowest or any tender or to give any reasons for his decision.
4.3
Conditional Tender - Conditional tenders are liable to be rejected.
4.4
Canvassing - Canvassing for support in any form for the acceptance of any tender is strictly prohibited,
Any tenderer doing so will render himself liable to penalties which may include removal of his name from the
register of approved contractors or penal action Under Section-8 of the M.P.Vinirdishtta Bhrasta Acharan
Nivaran Vidheyak,1982.
4.5
Unsealed Tender - The tenders shall be rejected, if not properly sealed.
4.6
Authority of Executive Engineer - The authority competent to accept a tender receiver the right of
accepting the tender for the whole work or for a district part of it, or distributing the work between one or more
tenderers.
4.7
Validity of offer - Tender shall remain open upto four months from the date of receipt of tender and in
the event of the tenderer withdrawing the offer before the aforesaid date for any reason whatsoever, earnest
money deposit with the tender shall be foreited by the........................................
5.
Specification:5.1
Brief Specification - A brief note on construction and specification of the work is enclosed in AnnexureE.
5.2
Material of Construction - The materials of construction to be used in the work shall be governed by
the provision of part-V of the National Building Code of India. 1970 & the relevant Indian standard specification
with amendments and revisions issued upto the date of tender notice.
5.3
Workmanship - The work shall carried out according to the specification referred to hereinafter and
accordingly to sound engineering practice, the decision of the Executive Engineer, in respect of workmanship
will be final.
5.4
Specification for building works - (including water supply and sanitary fittings.)
5.4.1 The contractor shall execute the work in conformity with the standards and procedure laid down in the
National Building Code of India,1970, and as per Maharashtra P.W.D. specification or specifications in force, or
special specification whenever enclosed separately, and in accordance with the approved drawing.
5.4.2. Concrete - all concrete shall be mixed in concrete mixer and compacted by mechanical vibrators. Slump
test shall be carried out during concreting and sample test cubes prepared and tested in due course. The testing
will be carried out by the Department.
The result of the tests shall conform with the required standard and if the Engineer-in-Charge considers
that a structural test is necessary, the same shall be carried out as instructed by the Engineer-in-Charge at the
contractor's expense and should the result of this be unsatisfactory the contractor will be bound to take down and
reconstruct the particular portion of work which has given unsatisfactory test results.
Bricks - The contractor should use the bricks manufactured on the metric measures as far as possible.
All timber used in the wood work for all new works must be properly seasoned. In case of important building
mechanical seasoning should be done in good seasoning plant. In case the contractor does not procure good
seasoned wood he may be asked to get it seasoned in plant as his own expenses but no certificate is required
where no additional rate is paid.
Maintenance of roofs - Subjects to the provision in the agreements, it will be the responsibility of the contractor
to see that the building does not leas during the period of the first rainy season in respect of tile and sheet roofing
and two consecutive rainy seasons in respect of lime concrete and cement concrete terraced roof, after its
completion and he will make good and replace all the defective work on this account.
5.5
Specification of Electrical Works10

5.5.1 The work will be carried out as per the approved drawing and as directed by the................................. The
work will be governed by 'General Specification' for the Electrical works in Government buildings in Madhya
Pradesh in force from 1972.
5.5.2. All samples of electrical accessories should be got approved from the Engineer-in-Charge Contractor
will have to arrange and afford all facilities for their inspection and rectify the defects pointed out by them. A list
of accessories is enclosed as Annexure-E.
5.5.3. The period of testing and refund of deposit will be 8 months after completion of work.
5.5.4. In case of supply of ceiling fan, exhaust fan, cabin fan tube light factures will be made by
the..........................................as mentioned in the C.S.R. As such labour rates only as per C.S.R. will be paid for
fitting such items in position as per C.S.R.
5.5.5. The contractor should submit wiring diagram on tracing cloth showing the point position of switch,
length of point, position of D.B. and main switch circuit No. in which points fall at the time of final bill.
Otherwise deduction of percent (half percent) will be made from the bill
5.6

SPECIFICATION FOR WORKS:

(Excluding Bridges and culverts)

The road works and collection of materials for road works shall be carried out according to Maharashtra
P.W.D. Specifications, as adopted for................................or specifications enforce, or special specifications
wherever enclosed separately, or the relevant specifications published by the Indian Road Congress.
5.7
CONTRADICTIONS OR AMENDMENTS - In the event of contradictions between the stipulations of the
current schedule of rates (vide part of this N.I.T.) and aforesaid specification (vide Para 5.1 to 5.7 above) the
stipulations of the current schedule of rates shall gain precedence. In the event of contradictions, if any between
different specifications and or codes of practice, referred to above the decision of the................................shall be
final subject to appeal in case of dispute before....................................... within one month
of.............................decision.
6.
6.1

SUPPLY MATERIALS.
MATERIAL SUPPLIED BY THE DEPARTMENT - The following materials will be supplied by the

department.
Name of materials
(1) Cement................................

Rate
Place of delivery
Rs..........................per Bag
......................................
(including cost of container)
(2) ........................................... ..
.............................................
....................................
(3) ...........................................
...............................................
...................................
6.1.1 The contractor shall be liable to return unused cement bags after due allowance of limit of variation
prescribed in the C.S.R. to the stores of the.............................................falling which cost of unused cement bags
shall be recovered from contractor at doubt the agreement rates/issue rate which ever is more.
6.2
RETURN OF EMPTY CEMENT BAGS - It shall be compulsory on the part of the contractor to preserve
and return empty cement bags in sound condition to the extent of atleast 75 percent of the bags issued to him to
the...................................... Engineer-in-Charge of work at the place of issue for which no transportation will be
payable. The rebate for such bags will be as per rates fixed by D.G.S. & D from time to time. In case the empty
bags are not require by the.......................................the contractor will have to sell these to the authorised
collecting agents at the price fixed by the D.G.S & D from time to time and produce receipts in support.
6.3
PENALTY FOR NON-RETURN OF BAGS - For each bag not so returned to the extent of issues; In sound
condition a rate of Rs................................. per bag will be charged. The decision of the Engineer-in-Charge
whether or not a bag is in sound condition shall be final.
6.4
In case of the departmental supply of Iron/Steel to the contractor the labout rate will be paid for cutting,
bending and placing with binding wire as provided in C.S.R. (with due allowance for the percentage above or
below C.S.R. tendered and accepted.)
65.
DELAY IN SUPPLY - If the materials are not supplied in time, the contractor will not be allowed any
claim for any loss, which may be caused to him, but only extension of time will be given at the discretion of the
Executive Engineer and...................................................... if applied for by the contractor before the expiry of the
contract.
7.
MISCELLANEOUS CONDITIONS:
7.1
SUBLETTING - The contractor shall not without the prior approval of the competent authority in
writing, sublet or assign to any other party or parties the whole or any portion of the work under the contract.
11

Where such approval is granted, the contractor, shall not be relieved of any obligation or duty or responsibility
which he undertakes under the contract.
7.2
TAXES- All dues regarding taxes, including the sales tax, other duties etc., levied on the contractors
work by Government and local bodies or private individuals will be payable by the contractor.
The.......................................................will grant a certificate for the quantities actually used on the work but will
not entertain any claim on this account.
7.3
Minerals extracted for works carried out on behalf of the Government of India from the quarries in
possession of and controlled by the State Government is subject to payment of Royalty by the contractor to
whom it shall not be refundable. The.......................................... shall not also issue any certificate in respect of
such materials extracted for Government of India Work (Applicable to Government of India works only.)
7.4
RULES OF LABOUR CAMPS- The contractor will be bound to follow the Madhya Pradesh Model
Rule relating to lay-out, water supply and sanitation on labour camps (vide Annexure-A) and the provisions of
the National Building Code of India in regard to constructions and safely.
7.5
FAIR WAGES- The contractor shall pay not less than fair wages to labourers engaged by him on the
works (rules enclosed. Vide Annexure-B)
7.6
WORKS IN THE VICINITY- The Executive Engineer reserves the right to take up departmental work
or to award on contract in the vicinity without prejudice to the terms of contract
7.7
BEST QUALITY OF CONSTRUCTION MATERIALS-Materials of the best quality will be used as
approved by the Executive Engineer.
7.8
REMOVAL OF UNDESIRED PERSONS- The contractor shall on receipt of the requisition from the
Executive Engineer at once remove any person employed by him on the work who if in the opinion of the
Executive Engineer is unsuitable undesirable.
7.9
AMOUNT DUE FROM CONTRACTOR- Any amount due to.................................................... from
the contractor on any account concerning work may be recovered from him as arrear of land revenue.
7.10
TOOLS AND PLANTS - The contractor shall arrange at his own cost tools and plant required for the
proper execution of the work. Certain plants may however be issued to the contractor as a special case.
7.11
RIGHTS TO INCREASE OR DECREASE WORK - The competent authority reserves the right to
increase or decrease work.
The competent authority reserves the right to increase or decrease any item of the work during the currency
of the contract and the contractor will be bound to comply with the order of the competent authority without any
claim for compensation.
7.12. TIME SCHEDULE- The work shall be done by the contractor according to the time schedule fixed by
the competent authority.
7.13
TIME OF CONTRACT - Time allowed for carrying out the work as entered in the NIT shall be strictly
observed by the contractor and shall be reckoned from the date of work order to commence the work.
7.14
PAYMENT BY CHEQUES - The payment will be made by cheque on
the.............................................................................................. Bank only. No Bank Commission charges on
realising such payments will be borne by the...............................................................
7.15
TRANSPORT OF MATERIALS - The contractor shall make his own arrangement for transport of all
materials. The.....................................................................is not bound to arrange for priority in getting wagon or
any other material through all possible assistance by way of recommendation will be given. If it is found
necessary in the operation by the Engineer-in-Charge. If it proves to be in effective, the contractor shall have no
claim for any compensation on the account.
8.
SPECIAL CONDITIONS - To be inserted in the NIT of a particular work if found necessary in the
interest of the work.
8.1
AGREEMENT
8.1.1 EXECUTION OF AGREEMENT - The tender whose tender has been accepted hereinafter referred to
as the contractor, shall produce an appropriate solvency certificate if so required by the Executive Engineer and
will executive the agreement in the prescribed form, within a fortnight of the date of communication of the
acceptance of his tender by competent authority. Failure to do so will result in the earnest money being for felted
to.................................................................. and tender being cancelled.
8.12
(a) The contractor shall employ the following Technical Staff during the Execution of work.
12

i
ii

One Graduate Engineer when the work to be executed is more than Rs.5 lakhs.
One Diploma Holder, Sub-Engineer when the cost of work to be executed is from Rs.2 lakhs or more but not
more than 5 lakhs.
b The Technical Staff should be available at sit whenever required by the Engineer-in-Charge to take
instructions.
c In case the contractor falls to employ the technical staff as aforesaid, the E.E. shall have the right to take
suitable remedial measures.
d The contractor should give the names and other detail of the Graduate Engineer/Diploma Holder SubEngineer whom he intends to employ or who is under employment on the work at the time he commences the
work.
e The Contractor should give a certificate to the effect that the Engineer/Diploma holder Sub-Engineer is
exclusively in his employment.

Provided thatAn Engineer or Sub-Engineer may look after more than one work in the same locality but the total value of such
work under him should not exceed Rs.25 lakhs in the case of an Engineer and Rs.5 lakhs in the case of a
Sub-Engineer.
ii It is not necessary for the contractor's partner in the case of firm/company, who is himself an Engineer, SubEngineer to employ another Engineer, Sub-Engineer for the Supervision of work.
iii The retired Assistant Engineer who is holding a Diploma may be treated at par with a Graduate for the operation
to the above clause.
In case the contractor falls to employ the Technical staff as aforesaid he shall be liable to pay
the............................................sum of Rs.1,000 (One thousand only) for each month of default in the case of
graduate Engineer and Rs.500 (Five hundred only) for each month of default in case of Diploma Holder SubEngineer.
i

8.2
CONDITIONS APPLICABLE FOR CONTRACT - All the condition of the tender notice will be
binding on the contractors in addition to the Conditions of the contract in the prescribed form.
Following documents annexed this N.I.T. shall form part of the contract.
Annexure 'A' Model rules relating to labour, water supply etc.
Annexure 'B' Contractor's labours regulations.
Annexure 'C' Source of materials (not applicable for building works)
Annexure 'D' Form of Income Tax Clearance Certificate (Applicable to works costing more
than Rs.2.0 lakhs)
Annexure 'E' Brief specifications.
Annexure 'F' Schedule of items.
Annexure 'G' Form of Bank Guarantee.

ANNEXURE 'A'
Model Rules Relating to Labour, Water Supply and Sanitation in Labour Camps.
Note:- These model rules are intended primarily for labour camps which are not of a permanent nature.
They lay down the minimum desirable standard which should be adhered to Standards in permanent or semi
permanent labour camps should not obviously be lower than those for temporary camps.
1 LOCATION - The camp should be located in elevated and well drained ground in the locality.
2 Labour huts to be constructed for one family of 5 persons each. The lay out to be shown in the
prescribed sketch.
3 HUTTING - The huts to be built of local materials. Each hut should provide at least 20 sq. meters
of living space.
4 SANITARY FACILITIES - Latrines and urinals shall be provided at last 15 meters away from the
nearest quarters separately for men and women and specially so marked on the following scale.
13

5
6

7
8
9

LATRINE - Pit provided at the rate of 10 users or two families per seat, separate urinals as required
as the privy, in also be used for this purpose.
DRINKING WATER - Adequate arrangements shall be made for the supply of drinking water. If
practicable filtered and chlorinated supplies shall be arranged, when supplies is from intermittent
sources overhead storage tank shall be provided with a capacity of five liters a persons per day
where the supply is to be made from wall it shall confirm to the sanitary standard laid down in the
report of the Rural Sanitation Committee.
The well should be at least 30 meters away from any latrine or other source of pollution. If possible
hand pump should be installed for drawing the water from well. The well should be effectively
disinfected once every month and the quality of the water should be got tested at the Public Health
Institution between each work of disinfecting.
BATHING AND WASHING - Separate bathing and washing place shall be provide for men and
women for every 25 persons in the camp. There shall be one gap and scape 2 sq. metre for washing
and bathing. Proper drainage for the waste water should be provided.
WASTE DISPOSAL - Dustbin shall be provided at suitable place in camp and the residents shall be
directed to throw all rubbish into those clustbins. The Dustbins shall be provided with cover. The
contents shall be removed every day and disposed off by trenching.
MEDICAL FACILITIES - (A) Every camp where 1000 or more persons reside shall be provided
with whole time doctor and dispensary. If there are women in the camp a whole time nurse shall be
employed.
(B) Every camp were less than 1000 but more than 250 persons reside shall be provided with a
dispensary and a part time nurse/midwife.
(C) If there are less than 250 persons in any camp a first aid kit shall be maintained incharge of
whole time persons, trained in first aid.
All the medical facilities mentioned above shall be for all residents in the camp including a
dependent of the worker, if any free of cost.
SANITARY STAFF - For each labour camp there should be qualified sanitary inspector and
sweepers should be provided in the following scales:-

1
2
3

For camps with strength over 200 but not exceeding 500 persons-one sweeper for every every 75
persons above the first 200 for which 3 weepers shall be provided.
For camps with a strength over 500 persons one sweeper for every 100 persons above first 500 for
which 6 sweepers should be provided.
For a camp with a strength of 200 persons for sweepers.
ANNEXURE-"B"
Contractor's Labour Regulations

The contractor shall pay not less than fair wage to labourers engaged by him in the work.
EXPLANATION (a)
(b)
(c)
(d)

"Fair Wages" means wages whether for time or piece work as notified on the date of inviting tenders,
and where such wages have not been so notified the wages, prescribed by
the...................................................................department for the division in which the work is done.
The contractor shall not withstanding the provisions of any contract to the contrary, cause to be paid a
fair wage to labourers indirectly engaged on the work including any labour engaged by his subcontractors in connection with the said work as if labourers had been immediately employed by him.
In respect of all labour directly or indirectly employed on the works or the performance of his contract,
the contractor shall comply with of cause to be compiled with the labour Act in force.
The Executive Engineer/Sub-Divisional Officer shall have the right to deduct from the money due to the
contractor any sum required of estimated to be required for making good the loss suffered by worker or
workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers, non14

(e)
(f)
(g)

payment of wages or of deductions made from his or their wages which are not justified by their terms of
the contract or non-observance of regulations.
The contractor shall be primarily liable for all payment to be made under and for the observance of the
regulations aforesaid without prejudice to his right to claim indemnity from his sub-contractors.
The regulation aforesaid shall be deemed to be a part of this contract and any breach thereof shall be
deemed to be a breach of this contract.
The contractor or shall obtain a valid licence under the Contract (Regulation and Abolition) Act Inforce
and rules made there under by the competent authority from time to time before commencement of work,
and continue to have a valid licence until the completion of the work.
Any failure to fulfill this requirement shall attract the penal provisions of this contract arising out of the
resulted non-execution of the work assigned to the Contractor.

ANNEXURE-'C'
Statement showing the lead of Materials
S.No. Description
1.
2.
3.
4.
5.

Lead

Note:- This statement is only for guidance of the contractor. The tender should satisfy himself regarding the
availability or the required quality of Materials.
ANNEXURE-'D'
Form of certificate on Income Tax to be submitted by Contractor Tendering for works Costing Rs. 2.00
Lakhs or more
(i)
(ii)
(iii)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(iv)
(v)

Name and style ( of the company firm H.U.F. or individual) in which the applicant assessed to
income tax and address for purpose of assessment.
The income tax circle/ward/District is which the applicant is assessed to income tax.
Following particulars concerning the last income tax assessment made:Reference No. (of G.I.R.No.) of the assessment.
assessment year and accounting year.
Amount of total Income assessed.
Amount of tax assessed I.T., S.T.,E.P.T.,B.P.T.
Amount of tax paid I.T., S.T.,E.P.T.,B.P.T.
Balance being tax not yet paid and reasons for such arrears.
Whether any attachment or certificate proceedings pending in respect of the arrears.
Whether the company or firm or H.U.F. on Which on the assessment was made has been or is being
liquidated, wond up, dissolved, partitioned or being declared Insolvent, as the case may be.
The position about later assessment namely, Whether returns submitting under section 22(1) or (2)
of the income tax act and the amount of tax so paid or in arrears.
In case there has been no income tax assessment at all in the past, whether returns submitted under
section 22(1) or (2) and 18-A(3) and if so, the amount of income -tax returned or tax paid and the
Income tax circle/Ward/District concerned.
The Name and address of branch(es) verified the particulars set out above and found correct subject
to the following remarks.

Dated....................
15

Signature of I.T.O.
Circle/Ward/Distric

16

ANNEXURE-F
Schedule of Items to be Executed
G-Schedule
S.N
o.

Particular
(Item)Part
No.

Description

Qty
.
Unit
Uni
t

Clubbe
d Rate

Amount

Supply of Spare parts for CT 85 No.1

1

500100

Diesel filter

No.

550.00

550.00

158139

Oil filter

No.

550.00

550.00

Fan Belt

No.

750.00

1500.00

--

Radiator hose pipe kit

Kit

750.00

750.00

--

Water pump Assy

No.

8500.00

8500.00

972.560.017

Slide Ring washer

No.

650.00

3900.00

994.129.055

Tapper Roller bearing

No.

1365.00

8190.00

990.050.073

Hex-screw M16x1, 5x30

No.

150.00

450.00

372.905.210

Hose 6x420

No.

275.00

550.00

10

372.905.211

Hose 6x580

No.

325.00

650.00

11

372.906.119

Linkage Rod

No.

3500.00

12

991.020.040

Hex nut M 14x1.5

No.

375.00

13

374.906.326

Bush

No.

1825.00

14

996480090

Radial Sealing ring

No.

450.00

15

319113385

Sliding gear

No.

14500.0
0

16

996712014

Radial Sealing ring

No.

450.00

17

--

Water temp meter

No.

1150.00

1150.00

18

--

Steel sealing Ring

No.

600.00

3600.00

19

--

Head light Assly.

No.

1600.00

3200.00

20

--

Starter, switch

No.

650.00

21

BM - 31780

Manifold fuel drain

No.

1850.00

1850.00

No.

5500.00

22000.0

7000.00
750.00
1825.00
450.00
14500.0
0
450.00

650.00

Supply of Spare parts for D50A15 No. 92

22

199822

Piston (four Groove)

17

0
23

66877

Pin Piston

No.

1200.00

4800.00

24

61908

Snap ring piston pin

No.

125.00

1000.00

12500.0
0

12500.0
0

25

AR-06720

Ring set (Four Groove)

Set /
4
Pisto
n

26

AR-02883

Gasket Cylinder head

No.

1250.00

2500.00

27

S-2037

Colet valve

32

No.

50.00

1600.00

28

66871

Guide valve spring

16

No.

200.00

3200.00

29

144911

Valve exhaust

No.

1150.00

9200.00

30

150288

Valve intake

No.

1150.00

9200.00

31

66890

16

No.

225.00

3600.00

32

194106

Gasket

No.

1200.00

2400.00

33

216881

Liner Cylinder

No.

4100.00

16400.0
0

34

--

Liner sealing Ring

No.

500.00

2000.00

35

131-30-00110

Bushing Assy

No.

2800.00

16800.0
0

36

50-43-90-0012.1.0

Collar

No.

1500.00

4500.00

37

500100

Diesel Filter with O Ring

No.

575.00

575.00

38

158139

Oil Filter with O Ring

No.

525.00

525.00

39

50-43-90-0011.1.0

Collar

No.

1500.00

4500.00

Total Amount Rs.

178315.
00

Guide valve stem

Note-The clubbed rate are Exclusive of all Taxes ,vat etc.

Rate Quoted by Tenderer on total Amount
In Figure.% above / below
In words %........................................
Contractor Signature

A.K. Pandey

18

Executive . Engineer
E/M HE.M. Division
W.R. Deptt. Bhopal

ANNEXURE-G
BANK GUARRANTY BOND
(To be used by approved scheduled banks)
1.

In consideration of the Governor of Madhya pradesh ( hereinafter called the Government) having agreed to
exempt ( hereinafter called the said contractor) from the demand under the terms &
conditions of an Agreement dated .made between &
for ..( hereinafter called the said agreement) of earnest
money deposit for the due fulfillment by the said contractor (S) of the terms & conditions content in the said
agreement on production of a Bank Guarantee for (Rs. .only) we ( hereinafter
referred to as The Bank ) at the request of indicate the name of the bank)
contractor(s) do hereby undertake to pay to Government an amount not exceeding Rs. ..........against any
laws or damage caused to or suffered or would be caused to or suffered by the Government by the reason of
any breach by the said contractor(s) of any terms or condition contend in the said agreement.

2.

We ..do hereby undertake to pay the amounts due to payable under this guarantee
without any demur merely on demand from the Government stating that amount claimed is due by way of
laws or damage cause to or suffered by the Government by reason of any breach by said contractor(s) of any
of the terms or conditions contend in the said agreement or by reason the contractor(s) failure to perform the
said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and
payable by the bank under this guarantee , However our liability under this guarantee shall be restricted to an
amount not exceeding Rs.

3.

We ..further agree with the guarantee herein contend shall remain in full force and
effect during the period that would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues of Government under or by virtue of said Agreement have been
fully paid and its claims satisfied or till .Department /Ministry of
.certifies that the terms of said agreement have been fully and properly carried out by the said
contractor(s) and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is
made on us in writing on or before the we shall be discharged from all liability
under this guarantee thereafter.

4.

We .further agree with the Government that Government shall have the
fullest liberty without our consent and without effecting in any manner our /obligations hereunder or vary
any of the terms and conditions of the said Agreement or to extend time performance by the said contractor(s)
from time to time or to postpone for any time or from time to time any of the powers exercisable by the
Government against the said contractor (s) and to forbear or unforce any of the terms and conditions relating
to the said agreement and we shall not be relieved from our liability by reason of any such variation. Of
extension having granted to the said contractor(s) for any forbearance , act or omission on the part of the
government or any indulgence by the government of said contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving
us.

5.

Welastly undertake not to revoke this guarantee during its currency

19

accept with the previous consent of the Government in writing.

6.

This Guarantee will not be discharged due to the change in the change in the constitution(s) of the bank or the
contractor(s) supplier(s) .

7.

We .undertake to pay the Government any money so demanded

notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding
pending before any court or Tribunal relating there to our liability under this present being absolute and
unequivocal. The payment so made by us under this bound shall be valid discharged or our liability for
payment there under and the contractor(s) supplier(s) shall have no claim against us for making.

Dated the day of 19

( indicate the name of bank)

for

Name of work Supply of spare parts for CT 85 No. 1 & D50A15 No. 92
Name of contractor............................................................
Amount ..............................................................................
M.R. No..............................................................................
Date of completion...........................................................
See Paragraph 2.091)

Appendix No. 2.15

GOVERNMENT OF MADHYAPRADESH
..DEPARTMENT
FORM-C
..CIRCLE, DIVISION/SUB-DIVISION
TENDER & CONTRACT FOR SUPPLY OF MATERIALS
GENERAL RULES & DIRECTIONS FOR THE GUIDENCE OF CONTRACTORS
1.

All supplies proposed to be obtained by contract will be notified in a form of invitation to tender posted in
public places and signed by the sub-divisional officer /divisional officer.
The form will state the supplies to be made, as well as the date for submitting and opening tenders and the time
allowed for carrying out the work, also the amount of the earnest money to be deposited with the tender, and
the amount of the security deposit to be deposited by the successful tenderer and the percentages, if any, to be
deducted from bills. It will also state whether refund of quarry fees , royalties, octroi duties and ground rents
will be granted. Copies of the specifications and any other documents required in connection with the work
signed for the purpose of identification by the sub-divisional officer /divisional officer shall also be open for
inspection by the contractor at the office of the sub-divisional officer /divisional officer during office hours.

2.

In the event of the tender being submitted by a firm, it must be signed separately by each member thereof , or in
the absence of any partner. It must be signed on his behalf by a person holding a power of attorney authorizing
him to do so. Such power of attorney should be produced with the tender and it must disclose that the firm is
duly registered under the Indian partnership act.
20

3.

Any person who submits a tender shall fill up the usual printed forms, stating at what rate he is willing to
undertake each items of the work. Tenders which proposed any alteration in the work specified in the said form
of invitations to tender, or in the time allowed for carrying out the work or which contain any other condition of
any sort will be liable to rejection. No single tender shall include more than one work, but contractor who wish
to tender for two or more works shall submit a separate tender for each. Tender shall have the name and no. of
the work to which they refer written outside the envelope.

4.

The sub-divisional officer /divisional officer or his duly authorized assistant will open tenders in the presence
of any intending contractors who may be present at the time, and will enter the amount of the several tender in
cooperative statement in a suitable form. Receipts for earnest money will be given to all tenders except those
whose tenders are rejected and whose earnest money is refunded on the day that the tenders are opened.
The officer competent to disposed of the tenders shall have the right of rejecting all or any of the tenders.

5.
6.

The receipt of clerk for any money paid by the contractor will not be considered as any acknowledgement or
payment to sub-divisional officer /divisional officer, and the contractor shall be responsible for seeing that he
procures a receipt signed by the sub-divisional officer /divisional officer, or any other person duly authorized
by him.

TENDER FOR THE SUPPLY OF MATERIALS

I/We hereby tender for the supply for the Governor of Madhya pradesh of the materials described
in the under mentioned memorandum according to the specification with the time specified and @
specified therein subject to the condition hereup to annexed.
MEMORANDUM
Earnest money Rs 3570.00 security deposit ( including earnest Money)
Rs..percentage* if any to be deducted from bills
Rs. In words.percent
Description or
Total
Places at Quantitie Dates by
Rates at Unit
Total
Remarks
specification
quantitie which to s
which
which
cost of
Of materials to
s to be
be
delivered delivery
articles
each
be supplied
supplied delivered
at all
are to be
article
places
supplied
inclusive
must be
inclusive
of every
complete of every
demand
d
demand
1
2
3
4
5
6
7
8
9
As
per
Supply of
E/M
E/M
15 days
G
H.E.M
H.E.M
from the
spare parts
Schedul Sub
Sub
date of
for CT 85
e
Division Division
issue of
No. 1 &
W.R.
W.R.
work
D50A15 No.
Deptt.
Deptt.
order.
92
Khandw khandwa
a (M.P.)
(M.P.)
Should this tender be accepted. I /We hereby agree to abide by and fulfill all the terms of the above
specification and all the conditions of contract annexed hereto in default thereof to forfeit and pay to the
21

Governor of Madhya Pradesh or his successors the penalties or sums of money mentioned in said
conditions.
The sum of Rs. .in currency notes is herewith forwarded as
earnest money the full value of which is to be absolutely forfeited to the said Governor or his successors
in office without prejudice to any other rights or remedies of the said Governor or his successors in the
office should I/We fail to commence supply of the materials specified above , memorandum or **(a)
should I/We not deposit the full amount of security in accordance with clause 1(A)of the conditions or
contract otherwise the said sum of Rs. .shall be retained by
Government on account to such security deposit as aforesaid, or (b)***the full value of which shall be
remained by Government on account of the security in clause 1(B) of the said condition of contract.
Signature of witness to
Signature..................................................
Signature of tenderer
Name & Address...... Name & Address...
..
..............................................................................
................................................................................
..........
Dated the ..Dated the
The above tender is hereby accepted by me on behalf of the Governor of Madhya Pradesh
Signature of the Officer by whom the
Tender is accepted
Dated the
(*)This percentage, where no security deposit is taken will vary from 5% to 10% according to the
requirements to the caso. Where security deposit is taken, see note to clause 1 of conditions of contract.
(**) Strike out if no such security is to be taken.
(***) strike out if any security deposit is taken.
------------------------------------------------------------------------------------------------------------------------------CONDITIONS OF CONTRACT
1.

The person/persons whose tender may be accepted ( hereinafter called the contractor, which
expression shall unless excluded by or repugnant to the context include his heirs executors
administrators, representatives and assigns) * (A)
( within one day for a contact Rs. 1000 or
less, two days for one of Rs. 2000 or less, and so on, up to a limit of ten days of receipt by him of
the notification of the acceptance of his tender) deposit with the Sub-divisional Officer/Divisional
Officer in cash of Government securities endorsed to S.D.O./E.E. ( if deposited for more than 12
months) a sum sufficient with the amount of earnest money deposited by him with his tender to
make up the full security deposit specified in the tender) or ( B* permit Government at the time of
making any payment to him for work done under the contract to deduct such sums as will
(
with
the
earnest
money
deposited
by
him)
amount
to**
Percent of all moneys so payable/such deductions to be held by Government by way of security
deposit) provided always that in the event of contractor depositing a sump sum by way of security
deposit as contemplated at (A) above, then and in such case if the sum so deposited shall not
amount to ..***percent of the total
estimated cost of the work, it shall be lawful for Government at the time of making any payment to
the contractor of the work done under the contract to make up the full percentage of

Percent by deducting a sufficient sum from every such payment as last aforesaid. All compensation
of other sums of money payable by the contractor to Government under the terms of his contract
22

may be deducted from or paid by the sale of sufficient part of his security deposit or from the
interest arising there from or from any sums which may be give or may become due to the contractor
by the Government on any account where so ever, and in the event of his security deposit being
reduced by reason of any such deduction or sale as aforesaid, the contractor shall within ten days
thereafter may good in cash or Government securities endorsed as aforesaid any sum or sums which
may have been deducted from or raised by sale of his security deposit or any part thereof. The
security deposit referred to when paid in cash may at the cost of the depositor, be converted in to
interest bearing securities provided that the depositor has expressly desired this in writing.
2.

The time allowed for the supply of materials as entered in the tender shall be strictly observed
by the contractor and shall be reckoned from the date on which the order to commence supply of
materials is given to the contractor. The supply of material shall through out the stipulated period of
the contract be proceeded with , with all due to diligence ( time being deemed to be essence of the
contract on the part of the contractor) and the contractor shall pay as liquidated damages an amount
equal to one percent or such smaller amount as the Sub-divisional Officer/Divisional Officer may
decide on the amount of estimated cost of the whole materials as show in the tender for everyday
that the supply remain uncommented or unfinished after the proper date. And further to ensure good
progress during the supply of materials the contractor shall be bound in all cases in which the time
allowed for any supply of materials exceeds one month, to complete on fourth of the supply before
one fourth of the whole time allowed under the contract has elapsed, one half of the supply before
one half of such time has elapsed any three fourth of supply before three fourth of such time has
elapsed. In the event of contractor failing to comply with his condition he shall be liable to pay as
liquidated damages, an amount equal to one percent or such smaller amount as the
Sub-divisional Officer/Divisional Officer may decide on the amount of estimated cost of the whole
materials for every day that the due quantity of the supply remains incomplete. Provided always that
the entire amount of liquidated damages to be paid under the provisions of this clause shall not
exceed ten percent on the estimated cost of the supply of materials as shown in the tender.

3.

In every case in which the payment or allowances mentioned in clause 2 shall have been
incurred for ten consecutive days the Divisional Officer shall have power either to annual the
contract altogether or to have the supply completed without further notice at the contractors risk and
expense as he may deem best suited to the interest of Government and the contractor shall have no
claim to compensation for any laws that he may incur in any way.
Strike out ( A) or (B) as the case may be.
This will be the same percentage as that in the tender.
The amount of the percentage ( not exceeding 10%) will be fixed in every case to suit requirements ,
example e.g. if it is fixed at 8% and the security deposit only amount to 5% of the estimated cost of
the work than 3% should be deducted from every payment. If the percentage is fixed at 10% and the
security deposit only amounts to 6% than 4% should be deducted and so on.

4.

If the contractor shall be hindered in the supply of the materials so as to necessitate an extension of
the time allowed in this tender, he shall apply in writing to the Sub-divisional Officer/Divisional
Officer who shall if in his opinion ( which shall be final) reasonable grounds be shown therefore,
authorize such extension for a period not exceeding three months. Any further extension shall be
subject to the previous sanction of the Superintending Engineer.

5.

The contractor shall give notice to the Sub-divisional Officer/Divisional Officer ( here in after called
the engineer-in charge) of his intention of making delivery of materials and on the materials being
approved a receipt shall be granted to him by the Divisional Officer or by his assistant and no
material will be considered as delivered until so approved.

6.

The Engineer in-Charge shall have power to make any alteration in , omission from additions to ,
or substitutions for , the supply of material as specified in the tender which may appear to him to be
necessary during the progress of the supply and the contractor shall be bound to carryout the supply
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in accordance with such instructions as may be given to him in writing signed by engineer-in-charge
and such attractions, omissions , additions or substitutions shall not in validate the contract and any
additional , altered or substituted supply which the contractor may be directed to make as
hereinbefore provided as part of the supply under this contract shall be carried out by the contractor.
On the same conditions in all respects as are here in contained and at the same rates as are specified
in the tender. The time for the completion of the supply shall be extended in the proportion , that the
altered, additional or substituted supply bear to the original supply contracted for and the certificate
of engineer in charge shall be conclusive as to such proportion . and if the altered , additional or
substituted supply shall be carried out at the rates entered in the scheduled of rates of the
.
.district which was in force eight times of the acceptance of the contract provided that the when the
tender for the original supply is a percentage below /above the schedule of rates the altered
additional or substituted supply required as aforesaid shall be chargeable at the said schedule of rate
minus/plus the same percentage deduction/addition and if such class of supply is not entered in said
schedule of rates, then the contractor shall within seven days of the date of his receipt of order to
carryout the supply inform the engineer-in-charge of rate which it is his intension to charge for such
class of supply, and if the engineer-in-charge does not agree to this rate he shall by notice in writing
be at liberty to cancel his order to carryout such class of supply and arrange to carry it out in such
manner as he may consider advisable , provided always that if the contractor shall commence supply
or incur any expenditure in regard there to before the rates shall have been determined as lastly
herein before mentioned , then and in such case he shall only be entitled to be paid in respect of the
supply carried out or expenditure incurred by him prior to the date of determination of rates as
aforesaid according to such rate of rates as shall be fixed by the engineer-in-charge. In the event of
dispute the decision of the S.E. of the Circle shall be final.
If at any time after the execution of the contract documents the engineer-in-charge shall for any
reason whatsoever required the whole or any part of the supply as specified in the tender to be
stopped for any period or shall not required the whole or part of the supply to be carried out , he
shall give notice in writing of the fact to the contractor who shall thereupon suspend or stop the
supply totally/partially as the case may be. In any such case except as provided hereunder the
contractor shall have no claim to any payment or compensation whatsoever on account of any profit
profit or advantage which he might have derived from the execution of the supply in full, but which
he did not so derived in consequence of the full supply not having been allowed to be carried out , or
on account of any laws that he may be put to on account of materials purchased or agreed to be
purchased or for unemployment of labor recruited by him. He shall not also have any claim for
compensation by reason of any alteration having been made in original specification , location of
work, quantities and instructions which may involve, any curtailment of the supply as originally
contemplated. Where however materials have already been purchase or agreed to be purchase by
the contractor before receipt of the said notice the contractor shall be paid for such materials at the
rates determined by the engineer-in-charge provided they are not in excess of requirements and are
of approved quality and / or shall be compensated for the loss , if any ,that he may be put to , in
respect of materials agreed to be purchased by him , the amount of such compensation to be
determined by engineer-in-charge whoso decision shall be final . if the contractor suffers any loss
on account of his having to pay labor charges during the period during which the stoppage of
supply has been ordered under this clause the contractor shall , on application be entitled to such
compensation on account of labor charges as the engineer-in-charge whose decision shall be final
may consider reasonable provided that the contractor shall not be entitled to any compensation on
account of labor charges. If in the opinion of the engineer-in-charge the labor could have been
employed by the contractor else here for the whole or part of the period during which the stoppage
of the supply has been ordered aforesaid
On the completion of delivery of the materials the contractor shall be furnished with a certificate to
the effect by the engineer-in-charge but the delivery will not be considered complete until the
contractor shall have removed all rejected materials and shall have the approved materials stopped
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12

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16
.
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or placed in such position as may be pointed out to him.

Payment will ordinarily be made once a month to extent of nine tenths of the quantity delivered each
month. But all such payment made shall be considered as payment on account to be covered by the
final bill for the complete supply.
The materials shall be of the best description and in strict accordance with specification and the
contractor shall receive payment for such materials only as are approved and passed by the engineerin-charge.
In the event of the materials being considered by the engineer-in-charge to be inferior to that
described in the specification the contractor shall on demand in writing forthwith remove the same
at his own charge and cost and in the event of his neglecting to do so within such period as may be
named by the engineer-in-charge that officer may have such rejected materials removed at the
contractors risk and expenses the expense, incurred being liable to be deducted from any sum due or
which may become due to the contractor.
Receipt for payment made on account of a work when executed by a firm must also be signed by
several partners, except where the contractors are described in there tender as a firm, in which case,
the receipt must be signed in the name of the firm by one of the partners, or by some other person
having authorities to give effectual receipts for the firm.
If the contractor or his work people or servants shall break , deface , injure or destroyed any part
of building in which they may be working or any building , road, road curbs fence, enclosure, water
pipes, cables, drains, electric telephone posts or wires, trees, grass or grassland or cultivated ground
the contractor shall make the same good at his own expense or in default the engineer-in-charge may
cause the same to be made good by other workman and deduct the expense ( of which certificate of
the engineer-in-charge shall be final) from any sums that may be then or at any time thereafter may
become due to the contractor or from his security deposit or the proceeds of sale there of or a
sufficient portion thereof.
Under no circumstances , whatever shall the contractor be entitled to any compensation for
Government on any account unless the contractor shall have submitted a claim in writing to the
engineer-in-charge within one month of the cause such claim occurring.
In every case which by virture of the provisions of section 12 sub-section (1) of the workmen
compensation, 1923 Government are obliged to pay compensation to a workman employed by the
contractor in execution of the works. Government will recover from the contractor the amount of
compensation so paid and without prejudice of the rights of Government under section 12 subsection
(2) of said act Government shall be at liberty to recover such amount or any part thereof by
deducting it from the security deposit or from any sum due by Government to the conractor whether
under his contract or otherwise. Government shall not be bound to contest any claim made against
them under section 12 sub section (1) of said act accept on the return request of contractor and upon
his giving Government full security for all costs for which Government might become liable in
consequences of contesting such claims.
The contractor shall supply at his own expenses all tools , plant and implements required for the due
fulfillments of his contract and the materials shall remain his risk till the date for final delivery
unless it shall have been in the men time removed for use by the engineer-in-charge.
No materials shall be brought to sight or delivered on Sundays without the written permission of the
engineer-in-charge.
The contract shall not be sublet without the written permission of the divisional officer . in the event
of the contractor subletting his contract without such permission , he shall be consider to have
thereby committed a branch of contract ,and shell forfeit his security deposit and shall have no claim
for any compensation for any loss that may occur from the materials he may collected or
engagements eterered into .
The decision of the superintending Engineer for the time being shall be final , conclusive and
binding on all parties to the contract upon all questions relating to the meaning of specifications and
instructions hereinbefore mentioned and as to quality and of materials or as to any other questions,
claims right matter or thing whatsoever in any way arising out of, or relating to the contracat,
specification instruction, orders or these conditions or otherwise concerning the supplies whether
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arising during the progress of delivery or after the completion or abandonment thereof.
On the breach of any term or condition of this contract by the contractor the said governor shall be
entitled to forfeit the security deposit or the balance thereof, that may add that time be remaining
and, to realize and retain the same as damages and compensation for the said breach, but without
prejudice the right of said governor to recover any further sums as damages from any sums due or
which may become due to the contractor by Government or otherwise howsoever.
If Government declares a state of scarcity or famine to exist in any village situated within 16
Kilometre of work the contractor shall employ upon such parts of the work as are suitable for
unskilled labor, any persons certified to him by the executive engineer or by any person to whom the
executive engineer may have delegated this duty in writing, to be in need of relief and shall be
bound to pay such persons wages not below the minimum which Government may have fixed in this
behalf. Any dispute which may arise in connection with the implementation of this clause shall be
decided by the executive engineer whose decision shall be final and binding on the contractor.
All quarry fees , royalties, octroi duties and ground rent for stacking materials. If any should be paid
by the contractor who will however, be entitled to a refund of such of the charges as are permissible
under the rules on obtaining certificate from engineer-in-charge that the materials where required for
use on government work.
The contractor shall pay not less than fair wages to labors engaged by him on the work.
Explanation:a Fair wage means wage whether for time or piece work notified at the time of inviting
tenders for the work and where such wages have not been so notified the wages prescribed
by the work department for the division in which the work is done.
b The contractor shall not withstanding the provisions of any contract , to the country, cause to
be paid a fair wage to laboures directly or indirectly engaged on the work, including any
labor engaged by his sub-contractor in connection with the said work, as if the labors had
been immediately employed by him.
c In respect of all labor directly or indirectly employed on the work for the performance of the
contractor part of his agreement the contractor shall comply with or cause to be complied
with the labor in force.
d The executive engineer/sub-divisional officer shall have the right to deduct from the money
due to contractor any sums required estimated to be required for making good the laws
suffered by a worker or wokders by reason of non-fulfillment of conditions of the contract
for the benefit of worker/workers non payment of wages or of deductions made from his or
their wages which are not justified by their terms of the contract or non observance of
regulations.
e The contractor shall be pre mainly liable for all payments to be made under and for the
observance of the regulations aforesaid without prejudice to his right to claim indemnity
from his sub-contractor.
f The regulation aforesaid shall be deemed to be apart of this contract and any breach there of
shall be deemed to be a breach of this contract.
If there is any difference between the amount in words and figures written in the tender
forms by the contractor the ledger amount will be treated as valid, if the contractor is not
ready to accept the amount so fixed in the above manner and declines to do the work earnest
money deposit of the contractor shall be foreited.

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