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OFFICE MEMORANDUM

No.DGW/CON/223
ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS
NIRMAN BHAVAN, NEW DELHI DATED__23.11.2006_______

Subject: Modification in PWD 6, Tender Form 7 & 8, Clause 1A and


10CC of General Conditions of Contract as per decision of Technical
Board.

As per the decisions taken in the Technical Board meeting held on


28.9.06, following amendments are made to documents mentioned above:-

Existing Modified
Para 5 (ii) of Form CPWD 6 and Para 5 (ii) of Form CPWD 6 and
page 4 of GCC 2005 page 4 of GCC 2005
Earnest money of Earnest money of
Rs.in cash Rs.in cash
(upto Rs. 10,000/-)/Receipt, Treasury (upto Rs. 10,000/-)/Receipt, Treasury
Challan/Deposit at Call receipt of a Challan/Deposit at Call receipt of a
scheduled bank/fixed deposit receipt scheduled bank/fixed deposit receipt
of a scheduled bank/demand draft of of a scheduled bank/demand draft of
a scheduled bank issued in favour a scheduled bank issued in favour
ofWhen amount of of 50% of the
earnest money is more than Rs. 5 earnest money or Rs. 20 lakh,
lakhs, part of the earnest money is whichever is less, shall be in the
acceptable in the form of bank form prescribed above and
guarantee also. In such case, balance can be accepted in the
minimum 50% of earnest money form of bank guarantee issued by
(but not less than Rs. 5 lakh) or Rs. a scheduled bank.
25 lakh, whichever is less, will have
to be deposited in the shape
prescribed above. For balance
amount of earnest money, bank
guarantee will also be acceptable.

Nil Clause 1-A, Page 16 of GCC 2005 -


Insert the following para prior to
Note1:
The security deposit as deducted
above can be released against bank
guarantee issued by a scheduled
bank, on its accumulations to a
minimum of Rs. 5 lakh subject to the
condition that amount of such bank
guarantee, except last one, shall not
be less than Rs. 5 lakh.
Item No. 14 of NIT (form CPWD- Item No. 14 of NIT (form CPWD-
6) and item 14 at page 5 of GCC 6) and item 14 at page 5 of GCC
2005:- 2005:-
The tender for the works shall The tender for the works shall
remain open for acceptance for a remain open for acceptance for a
period of sixty days from the date of period of sixty days from the date of
opening of tenders. If any tenderer opening of tenders. If any tenderer
withdraws his tender before the said withdraws his tender before the said
period or issue of letter of acceptance period or issue of letter of acceptance
whichever is earlier, or makes any whichever is earlier, or makes any
modifications in the terms and modifications in the terms and
conditions of the tender which are conditions of the tender which are
not acceptable to the department, not acceptable to the department,
then the Government shall, without then the Government shall, without
prejudice to any other right or prejudice to any other right or
remedy, be at liberty to forfeit 50% remedy, be at liberty to forfeit 50%
of the said earnest money as of the said earnest money as
aforesaid. aforesaid.
Further, the tenderer shall not be
allowed to participate in the re-
tendering process of the work.
Last para on page 6 of GCC 2005 Last para on page 6 of GCC 2005
and last para on page 1 of CPWD and last para on page 1 of CPWD
7/8 7/8
A Sum of Rs.. has been A Sum of Rs.. has been
deposited in cash/receipt treasury deposited in cash/receipt treasury
challan/deposit at call receipt of a challan/deposit at call receipt of a
scheduled bank/fixed deposit receipt scheduled bank/fixed deposit receipt
of scheduled bank/demand draft of a of scheduled bank/demand draft of a
scheduled bank as earnest money. If scheduled bank,/bank guarantee
I/we, fail to furnish the prescribed issued by a scheduled bank as
performance guarantee within Earnest Money. If I/we, fail to
prescribed period, I/we agree that the furnish the prescribed performance
said President of India or his guarantee within prescribed period,
successors in office shall without I/we agree that the said President of
prejudice to any other right or India or his successors in office shall
remedy, be at liberty to forfeit the without prejudice to any other right
said earnest money absolutely. or remedy, be at liberty to forfeit the
Further, if I/we fail to commence said earnest money absolutely.
work as specified, I/we agree that Further, if I/we fail to commence
President of India or his successors work as specified, I/we agree that
in office shall without prejudice to President of India or his successors
any other right or remedy available in office shall without prejudice to
in law, be at liberty to forfeit the said any other right or remedy available
earnest money and the performance in law, be at liberty to forfeit the said
guarantee absolutely, otherwise the earnest money and the performance
said earnest money shall be retained guarantee absolutely, otherwise the
by him towards security deposit to said earnest money shall be retained
execute all the works referred to in by him towards security deposit to
the tender documents upon the terms execute all the works referred to in
and conditions contained or referred the tender documents upon the terms
to therein and to carry out such and conditions contained or referred
deviations as may be ordered, upto to therein and to carry out such
maximum of the percentage deviations as may be ordered, upto
mentioned in Schedule F and those maximum of the percentage
in excess of that limit at the rates to mentioned in Schedule F and those
be determined in accordance with the in excess of that limit at the rates to
provision contained in Clause 12.2 be determined in accordance with the
and 12.3 of the tender form. provision contained in Clause 12.2
and 12.3 of the tender form.
Further, I/We agree that in case of
forfeiture of earnest money or both
Earnest Money & Performance
Guarantee as aforesaid, I/We shall
be debarred for participation in
the re-tendering process of the
work.
Page 29 of GCC 2005 Page 29 of GCC 2005
Clause 10 CC Clause 10 CC
Payment due to increase /decrease Payment due to increase /decrease
in prices/wages after receipt of in prices/wages after receipt of
tender for works tender for works
If the prices of materials (not being If the prices of materials (not being
materials supplied or services materials supplied or services
rendered at fixed prices by the rendered at fixed prices by the
department in accordance with department in accordance with
clause 10 & 34 thereof) and/or wages clause 10 & 34 thereof) and/or wages
of labour required for execution of of labour required for execution of
the work increase, the contractor the work increase, the contractor
shall be compensated for such shall be compensated for such
increase as per provisions detailed increase as per provisions detailed
below and the amount of the contract below and the amount of the contract
shall accordingly be varied, subject shall accordingly be varied, subject
to the condition that such to the condition that such
compensation for escalation in prices compensation for escalation in prices
shall be available only for the work and wages shall be available only
done during the stipulated period of for the work done during the
the contract. No escalation shall be stipulated period of the contract
paid for work executed in extended including the justified period
contract period even if extension of extended under the provisions of
time is granted without any action clause 5 of the contract without
under clause 2 and also no such any action under clause 2.
compensation shall be payable for a However, for the work done
work for which the stipulated period during the justified period
of completion is equal to or less than extended as above, the
the time as specified in Schedule F. compensation as detailed below
Such compensation for escalation in will be limited to prices/wages
the prices of materials and labour, prevailing at the time of stipulated
when due, shall be worked out based date of completion or as prevailing
on the following provisions:- for the period under consideration,
whichever is less. No such
compensation shall be payable for a
work for which the stipulated period
of completion is equal to or less than
the time as specified in Schedule F.
Such compensation for escalation in
the prices of materials and labour,
when due, shall be worked out based
on the following provisions:-

Page 30 of GCC 2005 Page 30 of GCC 2005


CI All India Wholesale Price Index CI All India Wholesale Price Index
for cement for the period under for cement for the period under
consideration as published by the consideration as published by the
Economic Advisor to Govt. of India, Economic Advisor to Govt. of India,
Ministry of Industry & Commerce. Ministry of Industry & Commerce.
(In respect of the justified period
extended under the provisions of
clause 5 of the contract without
any action under clause 2, the
index prevailing at the time of
stipulated date of completion or
the prevailing index of the period
under consideration, whichever is
less, shall be considered.)
Page 30 of GCC 2005 Page 30 of GCC 2005
SI All India Wholesale Price Index SI All India Wholesale Price Index
for steel (bars & rods) for the period for steel (bars & rods) for the period
under consideration as published by under consideration as published by
Economic Advisor to the Economic Advisor to the
Government of India, Ministry of Government of India, Ministry of
Industry & Commerce. However, Industry & Commerce. However,
the Price Index shall be limited to the Price Index shall be minimum
i) for the month when the last of the following :-
consignment of steel reinforcement i) Index for the month when the last
for the work is procured or. consignment of steel reinforcement
ii) for the month of which half of the for the work is procured or.
stipulated contract period is over ii) Index for the month by which half
which ever of these two is earlier. of the stipulated contract period is
over
iii) Index for the period under
consideration
For the justified period
extended under the provisions of
clause 5 of the contract, without
any action under clause 2, the
same principle as for the period
within stipulated period of
completion, will apply
Page 31 of GCC 2005 Page 31 of GCC 2005
MI - All India Wholesale Price MI - All India Wholesale Price
Index for civil component/electrical Index for civil component/electrical
component of construction material component of construction material
as worked out on the basis of All as worked out on the basis of All
India Wholesale Price Index for India Wholesale Price Index for
individual Commodities/Group items individual Commodities/Group items
for the period under consideration as for the period under consideration as
published by Economic Advisor to published by Economic Advisor to
Govt. India, Ministry of Industry & Govt. India, Ministry of Industry &
Commerce and applying weightages Commerce and applying weightages
to the individual Commodities/Group to the individual Commodities/Group
items. items.
(In respect of the justified period,
extended under the provisions of
clause 5 of the contract without
any action under clause 2, the
index prevailing at the time of
stipulated date of completion or
the prevailing index of the period
under consideration, whichever is
less, shall be considered.)
Page 31 of GCC 2005 Page 31 of GCC 2005
FI - All India Wholesale Price Index FI - All India Wholesale Price Index
for Fuel, Oil & Lubricant for the for Fuel, Oil & Lubricant for the
period under consideration as period under consideration as
published by Economic Advisor to published by Economic Advisor to
Govt. of India, Ministry of Industry Govt. of India, Ministry of Industry
& Commerce, New Delhi. & Commerce, New Delhi.
(In respect of the justified period
extended under the provisions of
clause 5 of the contract without
any action under clause 2, the
index prevailing at the time of
stipulated date of completion or
the prevailing index of the period
under consideration, whichever is
less, shall be considered.)
Page 32 of GCC 2005 Page 32 of GCC 2005
LI Minimum wage in rupees of an LI Minimum wage in rupees of an
unskilled adult male mazdoor, fixed unskilled adult male mazdoor, fixed
under any law, statutory rule or order under any law, statutory rule or order
as applicable on the last date of the as applicable on the last date of the
quarter previous to the one under quarter previous to the one under
consideration. consideration. (In respect of the
justified period extended under the
provisions of clause 5 of the
contract, without any action under
clause 2, the index prevailing on
the last date of quarter previous to
the quarter pertaining to
stipulated date of completion or
the index prevailing on the last
date of the quarter previous to the
one under consideration,
whichever is less, shall be
considered.

Superintending Engineer(C&M)
Issued from file No. CSQ/CM/29(8)/2005
Copy forwarded as per mailing list attached

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