Rajasthan State Road Development &

Construction Corporation Ltd.

STANDARD BIDDING DOCUMENT

FOR
Miscellaneous works of Admn. Block at Marwar Medical
University Borawas, Jodhpur
(Excluding cost of Cement)

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RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION
CORPORATION LTD. UNIT-I, JODHPUR

COMPETITIVE BIDDING
1. AGREEMENT NO.: /
2. NAME OF WORK: Miscellaneous works of Admn. Block at Marwar Medical University Borawas,
Jodhpur (Excluding cost of Cement)
3. OFFICER INVITING BID : Manager (Enquiry) RSRDC, Jaipur
4. PLACE OF OPENING OF BIDS: Project Director, RSRDC Ltd Unit-I, Jodhpur
5. IMPORTANT DATES/ TIMES:

S. NO. ITEM DATE TIME HRS

1 LAST DATE OF SALE OF BIDDING DOCUMENT 29.06.2026 18:00

2 TIME AND DATE OF PRE-BID CONFERENCE 19.06.2026 11.00

3 LAST DATE AND TIME FOR RECEIPT OF BIDS 29.06.2026 18:00

4 DATE OF SUBMISSION OF ORIGINAL 30.06.2026 15:00

DOCUMENTS AS PER CLAUSE 12.3
5 TIME AND DATE OF OPENING TECHNICAL BIDS 30.06.2026 15:00

6 TIME AND DATE OF FINANCIAL BIDS TO BE ANNOUNCED

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 SECTION 1
INSTRUCTIONS TO BIDDERS (ITB)
Table of Clauses
Cl. Particulars Page
No no.
A General 4-7
1 Scope of Bid 4
2 Source of Funds 4
3 Eligible Bidders 4
4 Qualification of the Bidder 4
5 One Bid per Bidder 7
6 Cost of Bidding 7
7 Site Visit 7
B Bidding Documents 7-8
8 Content of Bidding Documents 7
9 Clarification of Bidding Documents 7
10 Amendment of Bidding Documents 8
C Preparation of Bids 8-11
11 Language of Bid 8
12 Documents Comprising the Bid 8
13 Bid Prices 10
14 Currencies of Bid and Payment 10
15 Bid Validity 10
16 Bid Security 11
17 Alternative Proposals by Bidders 11
18 Format and Signing of Bid 11
D Submission of Bids 11
19 Sealing and Marking of Bids 11
20 Deadline for Submission of Bids 11
21 Late Bids 11
22 Modification and Withdrawal of Bids 11
E Bid Opening and Evaluation 12-14
23 Bid Opening 12
24 Process to be Confidential 12
25 Clarification of Financial Bids 13
26 Examination of Bids and Determination of Responsiveness 13
27 Correction of Errors 14
28 Deleted 14
29 Evaluation and Comparison of Financial Bids 14
30 Deleted 14
F Award of Contract 14-16
31 Award Criteria 14
32 Employer‟s Right to Accept any Bid and to Reject any or all Bids 15
33 Notification of Award and Signing of Agreement 15
34 Performance Security 15
35 Deleted 16
36 Deleted 16
37 Corrupt or Fraudulent Practices 16

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 A. GENERAL
1 Scope of Bid
1.1 The Employer (named in Annexure-1 to ITB) invites bids for the construction of
works (as defined in these documents and referred to as the „work‟) detailed in the
table given in Notice Inviting Tenders (NIT). The bidders may submit bids for any or
all of the works detailed in the table given in NIT.
1.2 The successful bidder shall have to complete the works by the Intended Completion
Date specified in the Contract Data.
1.3 Throughout these bidding documents, the terms 'bid' and 'tender' and their
Derivatives (bidder/tender, bid/tender, bidding/ tendering, etc.) are synonymous.
2 Source of Funds
2.1 The expenditure on this project will be met from the budget of RSRDC
3 Eligible Bidders
3.1 This Invitation for Bids is open to all bidders having the required qualification.
3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
statement that the bidder is neither associated, nor has been associated, directly or
indirectly, with the Consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as Project
Manager for the Contract. A firm that has been engaged by the Employer to provide
consulting services for the preparation or supervision of the works, or any of its
affiliates, shall not be eligible to bid.
4 Qualification of the Bidder
4.1 In order to justify their capability of execution and completion of work as per
technical specifications, within stipulated period of completion, a bidder shall
provide, as stated in Section 2,
a. Forms of Bid and Qualification Information,
b. Deleted
4.2 Deleted
4.3 A bidder shall include the following information and documents with the bid in
Section 2;
4.3.1 copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Bidder;
4.3.2 total monetary value of construction work performed for each of the last five years;
4.3.3 experience in works of a similar nature and required size for any of the last five
years, and details of works underway or contractually committed; and clients who
may be contacted for further information on those contracts;.
4.3.4 major items of construction equipment proposed to carry out the Contract;
4.3.5 qualifications and experience of key site management and technical personnel
proposed for the Contract;
4.3.6 reports on the financial standing of the Bidder, such as profit and loss statements and
auditor's reports for the past five years;
4.3.7 Deleted
4.3.8 authority to seek references from the Bidder's bankers;
4.3.9 information regarding any litigation, current or during the last five years, in which
the Bidder is involved, the parties concerned, and disputed amount;
4.3.10 proposals for subcontracting components of the Works amounting to more than 10 per
cent of the Bid Price (for each, the qualifications and experience of the identified sub-
contractor in the relevant field should be annexed); and
4.3.11 Deleted.

4.4 Bids submitted by a Joint Venture shall comply with the following requirements:
(JV is applicable for works costing more than 25Cr. for building work and 50

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 Cr. for Road work.)
4.4.1 the bid shall include all the information listed in clause 4.3 above;
4.4.2 the bid and, in case of a successful bid, the Agreement, shall be signed so as to be
legally binding on all partners;
4.4.3 One of the partners shall be nominated as being in-charge or lead partner i.e. having
major share in joint venture and other partner shall have atleast 30% share in joint
venture. This authorization shall be evidenced by submitting a power of attorney
signed by legally authorized signatories of all the partners;
4.4.4 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;
4.4.5 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 4.4.3 above, as well as in the
bid and in the Agreement (in case of a successful bid);
4.4.6 the joint venture agreement shall be registered so as to be legally valid and binding
on partners; and
4.4.7 a copy of the Joint Venture Agreement entered into by the partners shall be
submitted with the bid. Alternatively, a Letter of Intent to execute a Joint Venture
Agreement in the event of a successful bid shall be signed by all partners and
submitted with the bid, together with a copy of the proposed Agreement.
4.4.8 The lead partner shall meet not less than 50 percent of all the qualifying criteria
given in Para [Link] & [Link] below. The joint venture must collectively satisfy the
criteria of Para [Link] & [Link] below. The experience of the other joint venture
partners shall be considered if it is more than 30 percent of the qualifying criteria
given in Para [Link] & [Link].
4.4.9 The joint venture must satisfy collectively the criteria of clause [Link] & [Link]
below for which purpose the relevant figures for clause [Link] and [Link], for each
of the partners shall be added together to arrive at the joint venture's total capacity.

4.5 To qualify for award of the contract

4.5.1 A bidder in its name should have (in the last five years as referred to in Annexure-1):
[Link] achieved a minimum annual financial turnover (in all classes of construction works
only) amount indicated in Annexure-1 in any one year;
[Link] Satisfactorily completed (Phase/Part completion of the scope of work in a contract
shall not be considered) three works, value of each shall be 40%, or two works value
of each shall be 50%. or one work value of which shall be 80% (In case of Joint
Venture Lead Partner shall fulfill the requirement) of the estimated bid value, as
indicated in Annexure-1.
(a) As a prime contractor, or
(b) As a nominated sub-contractor (nominated or selected or approved by a Govt.
organization) where the sub contract involved execution of all main items of works
described in bid document.: provided further all other qualification criteria are
satisfied. The eligibility amount may be suitably increased to consider the effect of
department supply of steel and cement. if any in compliance to RSRDC circular B-
2(1) SBD/31390-453 dt. 27.12.2017
4.5.2 A bidder should further demonstrate:

[Link] availability of either owned or leased following key and critical equipment for this
work:
Based on the studies, carried out by the Engineer the minimum suggested major
equipment to attain the completion of works in accordance with the prescribed

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 construction schedule are shown in the Annexure-2.
The bidders shall, however, undertake their own studies and furnish with their bid, a
detailed construction planning and methodology supported with layout and necessary
drawings and calculations (detailed) as stated in clause 4.3.11 above to allow the
employer to review their proposals. The numbers, types and capacities of each
plant/equipment shall be shown in the proposals along with the cycle time for each
operation for the given production capacity to match the requirements.
[Link] Availability for this work exclusively of a Project Manager with minimum three
years' experience in construction of similar civil engineering works, and other key
personnel with adequate experience;
[Link] Deleted
[Link] Deleted
4.6 The figures for each of the partners of a joint venture shall be added together to
determine the Bidder‟s compliance with the minimum qualifying criteria of clause
4.5, except for clause [Link].
Sub-contractor‟s experience and resources will not be taken into account in
determining the Bidder‟s compliance with the qualifying criteria, except to the extent
stated in Clause 4.5.1 above.
4.7 Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity is more than the total bid value. In case of a joint venture, the
available bid capacity will be applied for each partner to the extent of his proposed
participation in the execution of the works. The available bid capacity will be
calculated as under:
Assessed Available Bid capacity = (A *N*2 - B)
Where
A = Maximum value of construction works executed in anyone year during the
last five years (updated to the price level of the year indicated in
Annexure-1) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which bids are
invited.
B = Value (updated to the price level of the year indicated in Annexure-1) of
existing commitments and on-going works to be completed during the next N
years (period of completion of the works for which bids are invited)
Note: The statements showing the value of existing commitments and on-going
works as well as the stipulated period of completion remaining for each of
the works listed should be countersigned by the Engineer in charge, not
below the rank of an Executive Engineer or equivalent.
4.8 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
4.8.1 Made misleading or false representations in the forms, statements and attachments
submitted in proof of the qualification requirements; and/or
4.8.2 Record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion; litigation history, or financial failures
etc.; and/or
4.8.3 Participated in the previous bidding for the same work and had quoted unreasonably
high bid prices and could not furnish rational justification to the employer.

5 One Bid per Bidder

5.1 Each bidder shall submit only one bid for one package either individually or as a
partner in a Joint Venture. A bidder who submits or participates in more than one
Bid (other than as a subcontractor or in cases of alternatives that have been
permitted or requested by the Employer) will cause all the proposals with the
Bidder's participation to be disqualified.

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 6 Cost of Bidding
6.1 The bidder shall bear all costs associated with the preparation and submission of his
Bid, and the Employer will in no case be responsible and liable for those costs.
7 Site Visit
7.1 The Bidder, at his own responsibility, risk, and cost is encouraged to visit and
examine the site of works and its surroundings and obtain all information that may
be necessary for preparing the bid and entering into a contract for construction of the
works. The costs of visiting the site shall be at their own.

B. BIDDING DOCUMENTS
8 Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed in table shown below
and addenda issued, if any, in accordance with Clause 10:

Section Particulars
Invitation for Bids
Volume 1
1 Instructions to Bidders
2 Qualification Information, and other forms
3 Conditions of Contract
4 Contract Data
Volume 2
5 Technical Specifications
Volume 3
6 Form of bid
7 Bill of Quantities
8 Securities and other forms
Volume 4
9 Drawings
Volume 5
10 Documents to be furnished by bidder (Clause 12)

8.2 The bid document is available online on the website [Link] .

The bid document can be downloaded free of cost. Documents to be furnished by the
bidder in compliance to section 2 will be prepared by him and furnished as Volume 5
in two parts (refer Clause 12).
8.3 The bidder is expected to examine carefully all instructions, conditions of contract,
Contract Data, forms, terms, and technical specifications, bill of quantities, forms,
Annexes and drawings in the Bid Document. Failure to comply with the
requirements of Bid Documents shall be at the bidder's own risk. Pursuant to clause
26, bids which are not substantially responsive to the requirements of the Bid
Documents shall be rejected.
9 Clarification of Bidding Documents
9.1 The electronic bidding system provides for online clarification. A bidder requiring
any clarification of the bidding documents may notify onlinethe Employer in writing
at the Employer's address indicated in the invitation to bid. The Employer will
respond to a request for clarification which he received earlier than 15 days prior to
the deadline for submission of bids. The description of the enquiry, without
identifying its source, and Employer's response will be placed on the website
[Link] . Any amendment made by the employer at his own in
the bid documents will be placed on the website. Bidders are requested to check the
website regularly and inform the employer in case of any discrepancy noticed.
Bidders‟ failure to check the mail and to notice the amendments/ modifications/

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 clarifications issued by the employer shall not be entertained in any way.
9.2 Pre-bid meeting
9.2.1 The bidder or his official representative is invited to attend pre-bid meeting at the
address, venue, time and date as indicated in Annexure-1.
9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
9.2.3 The bidder may submit questions in writing to reach the Employer not later than one
week before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without
identifying the source of enquiry) and the responses given will be placed on the
website [Link] Any modification of the bidding documents
listed in Clause 8.1 which may become necessary as a result of the pre-bid meeting
will be made by the Employer through the issue of an Addendum pursuant to Clause
10 and placed on the website, and not through the minutes of the pre-bid meeting.
9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.
10 Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing online corrigendum. The corrigendum will appear on the web
page of the website [Link] “Latest Corrigendum” and
email notification is also automatically sent to those bidders who have moved this
tender to their “My Tenders” area.
10.2 Any addendum thus issued shall bepart of the bidding documents and deemed to
have been communicated to all the bidders who have moved this tender to their “My
Tenders” area. In case of any addendum/corrigendum, the system will automatically
send e-mails to all bidders who have downloaded the bidding document and have
moved the tender to their “My Tenders” area. Prospective bidders are therefore
advised to visit the official website regularly till the deadline for submission of the
bid.
10.3 To give prospective bidders reasonable time to take note of the addendum in
preparing their bids, the Employer may, at his discretion, extend the deadline for
submission of bids, as per Clause 20.2.

C. PREPARATION OF BIDS
11 Language of the Bid
11.1 All documents relating to the bid shall be in the Hindi/ English language.
12 Documents Comprising the Bid
12.1 The bid to be submitted by the bidder as Volume 5 of the bid document (refer Clause
8.1) shall be in three separate parts:

12.1.1 Part I shall be named ‘Bid Security’ and shall comprise of:
a. Bid Security, for the amount & validity as specified in NIT, in the form
specified in Section 8
12.1.2 Part II shall be named ‘Technical Bid’ and shall comprise :
a. PF registration certificate.
b. GST registration
c. Original affidavit regarding correctness of the information furnished with bid
document.
d. Qualification Information and supporting documents as specified in Section 2
e. Certificates, undertakings, affidavits as specified in Section 2
f. Undertaking that the bid shall remain valid for the period specified in Clause
15.1
12.1.3 Part III shall be named ‘Financial Bid’ and shall comprise :

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 Priced Bill of Quantities for items specified in Section 7

12.2 The documents and details mentioned in clause 12.1 above shall be submitted online
on website [Link]. Details and process of online submission of
the tender and relevant documents are given in the website mentioned above. The
above are to be submitted in the manner as prescribed below:
(a) The following details shall be entered online in prescribed formats:
i) Percentage rate above or below or at par in case of items
detailed in schedule G
ii) The entry of individual rates for all individual items shown in
schedule H .

(b) Scanned copies of the following documents shall be uploaded on the

website [Link]. at the appropriate place.
i) Proof of deposition of Cost of Bid Document, bid security and
processing fee as specified in NIT
ii) Copy of PAN Card issued by Income Tax Authorities
iii) Contractor Registration certificate and written Power of Attorney in
favour of the signatory of the bid to commit the bidder (Clause 4.3.1
of ITB)
iv) Deleted
v) Annual Turnover Certificate from Chartered Accountant for last five
financial years with breakup of construction works and total works
each financial years. (Clause 4.3 of ITB)
vi) Affidavit confirming correctness of information, documents and
certificates furnished with the bid
vii) Joint Venture Agreement if bidder is a Joint Venture (Clause 4.4 )
viii) Bid Form as per format given in Section VI.

(c) Scanned copies of the Certificates showing details of similar nature of

works, work in hand and machineries owned or possessed on hire
should be uploaded after converting the same to PDF.
i) Similar nature of works executed (Clause 4.3.3 of ITB and Para1.2 of
Qualification Information Form in Section II)
ii) Works in hand(Clause 4.3.3 of ITB)
iii) Machineries owned/brought on hire(Clause 4.3.4 of ITB)
iv) Key staff (Clause 4.3.5 of ITB)

12.3 Submission of Original Documents: The bidders are required to submit (a)
original bid security in approved form and (b) original affidavit regarding
correctness of information furnished with bid document with the office
specified in the Bid Data Sheet, in the manner explained below so as to reach
the Employer upto the stipulated date & time of opening of technical bid, either
by registered post or by hand, failing which the bids will be declared non-
responsive and suitable action for debarring the bidder may be taken.
(i) The above documents should be submitted in one envelope. The bidders
shall not write their names or addresses on this envelope.
(ii) (ii) The bid shall be uploaded using the DSC of the authorized signatory
(iii) The unique bid identification number generated by the system after
online bid submission shall be mentioned on the envelope containing the
documents as detailed above.

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12.4 Following documents, if not submitted with the bid, shall be deemed to be part of the
bid.
S. No. Documents
1 Notice Inviting Tender (NIT)
2 Instructions to Bidders
3 Conditions of Contract
4 Contract Data
5 Specifications
6 Drawings
13 Bid Prices
13.1 The contract shall be for the whole work as per Clause 1.1, based on the priced Bill
of Quantities submitted by the Bidder.
13.2 The bidders shall make online entries to fill in rates in bill of quantities. Upon
numerical entry, the amount in words would automatically appear and upon entry of
rates in all the items of work, total bid price would automatically be calculated by
the system and would be displayed. The items for which no rate or price is entered
by the Bidder will not be paid for by the Employer when executed and shall be
deemed covered by the other rates and prices in the Bill of Quantities.
13.3 All duties, taxes, and other levies payable by the contractor under the contract, or for
any other cause shall be included in the rates, prices and total Bid Price submitted by
the Bidder.
13.4 The rates and prices quoted by the bidder are subject to adjustment for the price
during the performance of the Contract as per Clause 47 of the Conditions of
Contract.
14 Currencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian National
Rupee. All payments shall be made in Indian National Rupee.
15 Bid Validity
15.1 Bids shall remain valid for a period not less than 120 days after the deadline date for
bid submission specified in Clause 20. A bid valid for a shorter period shall be
rejected by the Employer as non-responsive. In case of discrepancy in bid validity
period between that given in the undertaking pursuant to Clause 12.1.2 (c) and the
Form of Bid submitted by the bidder, the latter shall be deemed to stand corrected in
accordance with the former and the bidder has to provide for additional validity.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the bidders may extend the period of validity for a specified
additional period. The request and the bidders' responses shall be made in writing. A
bidder may refuse the request without forfeiture of his bid security.
15.3 Deleted
15.4 Deleted
16 Bid Security
16.1 The Bidder shall furnish, as part of his Bid, a Bid security for the amount shown in
NIT for this particular work, in favour of Project Director(Concerned), RSRDC,
as mentioned in Annex.-1 of Section I as per NIT.
16.2 Deleted.
16.3 Any bid not accompanied by an acceptable Bid Security and not secured as per
Clauses 16.1 and 16.2 shall be rejected by the Employer as non-responsive.
16.4 The Bid Security of unsuccessful bidders will be returned within 28 days of issue of
letter of acceptance to the successful bidder, or at the end of bid validity period as
per Clause 15.1, whichever is earlier.
16.5 The Bid Security of the successful bidder will be discharged when the bidder has
signed the Agreement and furnished the required Performance Security.
16.6 The Bid Security may be forfeited

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16.6.1 If the Bidder withdraws the Bid after Bid opening during the period of Bid
validity;
16.6.2 If the Bidder does not accept the correction of the Bid Price, pursuant to Clause
27; or in the case of a successful Bidder, if the Bidder fails within the specified
time limit to
(i) Sign the Agreement; or
(ii) Furnish the required Performance Security.
17 Alternative Proposals by Bidders
17.1 Bidders shall submit offers that comply with the requirements of the bidding
documents, including the basic technical design as indicated in the drawing and
specifications. Alternatives shall not be considered.
18 Format and Signing of Bid
18.1 Deleted
18.2 Deleted
18.3 Deleted
D. SUBMISSION OF BIDS
19 Sealing and Marking of Bids
19.1 to Deleted
19.9
20 Deadline for Submission of the Bids
20.1 Complete Bids (including Technical and Financial) must be received by the
Employer online not later than the date and time indicated in Annexure-1 of
Section- I.
20.2 The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations of
the Employer and the bidders previously subject to the original deadline will then be
subject to the new deadline.
21 Late Bids
21.1 The electronic bidding system would not allow any late submission of bids after due
date & time as per server time.
22 Modification and Withdrawal of Bids
22.1 Bidders may modify or withdraw their bids by uploading their request for
modification beforethe deadline prescribed in Clause 20 or pursuant to Clause [Link]
this the bidder need not make any additional payment towards the cost of tender
document. For bid modification and consequential re-submission, the bidder is not
required to withdraw his bid submitted earlier. The last modified bid submitted by
the bidder within the bid submission time shall be considered as the bid. For this
purpose, modification/withdrawal by other means will not be accepted. In online
system of bid submission, the modification and consequential re-submission of bids
is allowed any number of times.
22.2 The bidders may withdraw his bid by uploading their request before the deadline for
submission of bids, however, if the bid is withdrawn, the re-submission of the bid is
not allowed.
22.3 No bid may be modified after the deadline for submission of Bids.
22.4 Withdrawal or modification of a bid between the deadline for submission of bids and
the expiration of the original period of bid validity specified in clause 15.1 is not
allowed in the e-procurement system. If a bidder does the same through any other
medium, then it may result in the forfeiture of the bid security pursuant to Clause 16.

E. BID OPENING AND EVALUATION

23 Bid Opening
23.1 The Employer will open the Bids online at the time and date specified in
theAnnexure-1 of Section- Iand this could be viewed by bidders online. In the event

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 of the specified date of Bid opening being declared a holiday for the Employer, the
Bids will be opened at the appointed time on the next working day.
23.2 Prior to the technical Bid opening, the Employer shall determine whether each Bid
(a) meets the eligibility criteria defined in ITB Clause 12.1.1 (part I). In the event of
non-confirmation of the information specified in clause 12.1.1, the bid shall be
considered as non-responsive, and the Technical Bid of such bidder shall not be
opened.
23.3 The names of the bidders responsive as above, will be announced. The Technical
bids of only these responsive bidders will be opened. All the document submitted by
the bidders, along with Technical Bid, shall be downloaded and Employer would
record all such details, to be taken into account In Technical Bid Evaluation. After
technical evaluation, a summery sheet will be prepared and names of bidders found
technically qualified in accordance with Clause 26.3, will be announced. The
scanned copy of Summery of Technical Evaluation, duly signed by competent
authority, shall be uploaded on website and date of opening of „Financial Bid‟ be
announced online for online viewing by the bidders.
23.4 At the time of opening of „Financial Bid‟, the names of the bidders found technically
qualified in accordance with Clause 26.3 will be announced. The bids of only these
bidders will be opened. The order of opening of the „Financial Bid‟ at a place shall
be that in which they appear in the „Invitation For Bid‟. During the process of
opening financial bid, if „Bid Capacity‟ of any bidder exhausted or remains less than
required for next bid to be opened, then the bidder will be treated disqualified
technically for that work and his financial bid will not be opened. Such bids will be
remained unopened.
23.6 The responsive Bidders' names, bid prices, total amount of each bid, any discounts,
Bid withdrawals and such other details as the Employer may consider appropriate,
will be announced by the Employer at the opening. Any Bid price or discount, which
is not read out and recorded, will not be taken into account in Bid Evaluation. The
Employer shall prepare Statement of the Bid opening and shall immediately upload
it on website [Link]. for online viewing by bidders.
24 Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation, and comparison of
Bids and recommendations for the award of a contract shall not be disclosed to
Bidders or any other persons not officially concerned with such process until the
award to the successful Bidder has been announced. Any effort by a Bidder to
influence the Employer's processing of Bids or award decisions may result in the
rejection of his Bid.

25 Clarification of Financial Bids

25.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may,
at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of
unit rates. The request for clarification and the response shall be in writing, but no
change in the price or substance of the Bid shall be sought, offered, or permitted
except as required to confirm the correction of arithmetic errors discovered by the
Employer in the evaluation of the Bids in accordance with Clause 27.
25.2 Subject to clause 25.1, no Bidder shall contact the Employer on any matter relating
to his bid from the time of the bid opening to the time the contract is awarded. If the
Bidder wishes to bring additional information to the notice of the Employer, he
should do so in writing.
25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,
bid comparison or contract award decisions may result in the rejection of the bid.
26 Examination of Bids
26.1 For Determination of Responsiveness: The bid shall be considered responsive if:

12
26.1.1 The contents of the Part-I confirm to clause 12.1.1.
26.1.2 The Bid Security is confirmed by the respective Bank.
26.1.3 Original affidavit regarding correctness of the information furnished with bid
document confirms to clause 12.1.1.
26.2 For Determination of Technical Qualification:
26.2.1 During the detailed evaluation of „Technical Bids‟, the Employer will determine
whether each Bid meets the eligibility criteria defined in Clause 3 and 4. However,
following additional steps may be taken by the evaluation committee;
a. After receipt of confirmation of the bid security, the bidder will be asked in
writing (usually within 10 days of opening of the Technical Bid) to clarify or
modify his technical bid, if necessary, with respect to any rectifiable defects.
b. The bidder will respond in not more than 7 days of issue of the clarification letter.
26.2.2 Immediately (usually within 3 or 4 days), on receipt of these clarifications the
Evaluation Committee will finalize the list of responsive bidders whose financial
bids are eligible for consideration.
26.2 A substantially responsive „Financial Bid‟ is one which conforms to all the terms,
conditions, and specifications of the Bidding documents, without material deviation
or reservation. A material deviation or reservation is one
(a) \Which affects in any substantial way the scope, quality, or performance of the
Works
(b) Which limits in any substantial way, inconsistent with the Bidding documents,
the Employer's rights or the Bidder's obligations under the Contract; or
(c) Whose rectification would affect unfairly the competitive position of other
Bidders presenting substantially responsive Bids.
26.3 If a „Financial Bid‟ is not substantially responsive, it will be rejected by the
Employer, and may not subsequently be made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
26.4 Provisions of RTPP act, rule 60 & 61 shall also apply

27 Correction of Errors
27.1 As explained in ITB 13.2, the system of electronic bidding will ensure that the bids
will not have any discrepancy between the amounts in figures and words or the
discrepancy between the unit rate and the line-item total. Hence bids will not require
any correction of errors.
27.2 Deleted
28 Deleted
29 Evaluation and Comparison of Financial Bids
29.1 The Employer will evaluate and compare only the Bids determined to be
substantially responsive in accordance with Clause 26.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid
Price by adjusting the Bid Price as follows:
a making any correction for errors pursuant to Clause 27; or
b making an appropriate adjustment for any other acceptable variations,
deviations; and
c making appropriate adjustments to reflect discounts or other price modifications
offered in accordance with Clause 23.6.
29.3 The Employer reserves the right to accept or reject any variation or deviation.
Variations and deviations and other factors, which are in excess of the requirements
of the Bidding documents or otherwise result in unsolicited benefits for the
Employer, shall not be taken into account in Bid evaluation.
29.4 Unbalanced Bid:

13
29.4.1 An Additional Performance Security shall also be taken from the successful bidder
in case of unbalance bid the additional performance security shall be equal to 50% of
unbalance bid amount. The additional performance security shall be deposited in
lamp sum by the successful bidder before execution of agreement. The additional
performance security shall be deposited through e-grass, Demand draft, Banker
Cheques, Government security or Bank Guarantees.
Example: -
I. Unbalance bid means any bid below more than 15% of estimated bid
value.
II. Estimated bid value means value of subject matter of procurement
mention in bidding document by the procurement entity.
III. Bid amount means positive difference of 85% of estimated bid value
minus bid amount quoted by the bidder.

29.4.2 The additional performance security shall be refunded to the contractor after
satisfactory completion of the entire work. the additional performance security shall
be forfeited by the procurement entity when work is not completed within stipulated
period by the contractor
29.5 Bidder will have to produce detailed rate analysis as required by the Engineer-In-
Charge with justification in support of rate quoted by them
30 Deleted
F. AWARD OF CONTRACT
31 Award Criteria
31.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid
has been determined
i to be substantially qualified in accordance with the requirement of the Bidding
documents and who has offered the lowest evaluated Bid Price; and
ii to be within the available bid capacity adjusted to account for his bid price
which is evaluated the lowest in any of the packages opened earlier than the one
under consideration.
In no case, the contract shall be awarded to any bidder whose available bid capacity
is less than the evaluated bid price, even if the said bid is the lowest evaluated bid.
Thereafter, the next lowest bidder shall be examined on similar conditions for award
of contract.
32 Employer's Right to Accept any Bid and to Reject any or all Bids
32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any
Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for
the Employer's action.
33 Notification of Award and Signing of Agreement
33.1 The Bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period in writing (hereinafter and in
the Conditions of Contract called the „Letter of Acceptance‟) stating the sum that the
Employer will pay the Contractor in consideration of the execution, completion, and
maintenance of the Works by the Contractor as prescribed by the Contract
(hereinafter and in the Contract called the „Contract Price‟).
33.2 The notification of award will constitute the formation of the Contract, subject only
to the furnishing of a performance security as per Clause 34.
33.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder. The original agreement along with one copy duly wetted by the
Employer shall be signed and submitted by the successful bidder within 15 days

14
 following the notification of award along with the Letter of Acceptance. Within 21
days of receipt, the Employer will sign the Agreement and deliver a copy to the
Bidder.
33.4 Upon the furnishing by the successful Bidder of the Performance Security, the
Employer will promptly notify the other Bidders that their Bids have been
unsuccessful.
34 Performance Security
34.1 Within 15 days of receipt of the Letter of Acceptance, the successful Bidder shall
deliver to the Employer, in any one of the forms given below a Performance Security
for an amount equivalent to 5% of the Contract price, and „additional performance
security‟ for unbalanced Bid as per Clause 29.4 of ITB and Clause 52 of Conditions
of Contract:
a. Deposit through RTGS / NEFT
b. Bank Draft or Banker‟s Cheque of a scheduled bank as indicated in
Annexure-1.
c. National Savings Certificates and any other script/instrument under National
Savings Schemes for promotion of small savings issued by a Post Office in
Rajasthan, if the same can be pledged under the relevant rules. They shall be
accepted at their surrender value at the time of bid and formally transferred in
the name of procuring entity with the approval of Head Post Master
d. Bank guarantee/s of a scheduled bank payable at Jaipur. It shall be got
verified from the issuing bank. Other conditions regarding bank guarantee
shall be same as mentioned in the bid document.
e. Fixed Deposit Receipt (FDR) of a scheduled bank. It shall be in the name of
procuring entity on account of bidder and discharged by the bidder in
advance. The procuring entity shall ensure before accepting the Fixed
Deposit Receipt that the bidder furnishes an undertaking from the bank to
make payment/premature payment of the Fixed Deposit Receipt on demand
to the procuring entity without requirement of consent of the bidder
concerned. In the event of forfeiture of the performance security, the Fixed
Deposit shall be forfeited along with interest earned on such Fixed Deposit.
f. In case of procurement of works, the successful bidder at the time of signing
of the contract agreement may submit option for deduction of performance
security from his each running and final bill @ 10% of the amount of the bill.
34.2 The performance security of a Joint Venture shall be in the name of either partner
severely or jointly in the name of the Joint Venture.
34.3 Failure of the successful Bidder to comply with the requirements of Clause 34.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of the
Bid Security.
35 Deleted
36 Deleted
37 Corrupt or Fraudulent Practices
37.1 The Employer will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing
for, or in execution of the contract in question, and will declare the firm ineligible,
either indefinitely or for a stated period of time, to be awarded a contract with
RSRDC.
37.2 Furthermore, Bidders shall be aware of the provision of Clause 23.2 and Clause 59.2
of the Conditions of Contract.

15
 Annexure-1
Clause Reference w.r.t. Section-I
[Link]. Clause
1 1.1 Name of the Employer Managing Director, RSRDC, Jhalana Doongri, Jaipur,
Rajasthan, India 302 004
2 4.5.1 The last five financial years 2025-2026
(Excluding current year) 2024-2025
2023-2024
2022-2023
2021-2022
3 [Link] The Annual Financial turnover amount Rs 200.17 Lakh (in words) Rupees Two Crore Seventeen
(i) For estimated cost of work more than Rs. 3.00 Thousand Only
Cr and upto 5.00 Cr.(if cement/ steel/ bitumen is
supplied by corporation): 50% of estimated cost of
work
(ii) For estimated cost of work more than Rs. 5.00
Cr: Equal to estimated cost of work
4 [Link] Value of Work One work of Rs. 320.27 Lakh (80% of bid amount)
(in words) Rupees Three Crore Twenty Lakh Twenty
Seven Thousand Only
OR
Two work of Rs 200.17 Lakh (50% of bid amount)
(in words) Rupees Two Crore Seventeen Thousand Only
OR
Three works of Rs 160.14 Lakh (40% of Bid Amount)
(in words) Rupees One Crore Sixty Lakh Fourteen
Thousand Only
5 [Link] Deleted
6 4.7 Price level of the financial year 2026-27 (Current Year)
7 9.2.1 Pre-bid meeting will take place at : Project Director, RSRDC Ltd., Unit-I, Jodhpur, House no.
810-811, Chopasni Housing Board, Jodhpur
Mo. 94149-17653, Mail Id. pdjodhpur@[Link]
Date: 19.06.2026 Time: 11.00 AM
8 19.4 The technical bid will be opened: Project Director, RSRDC Ltd., Unit-I, Jodhpur, House no.
810-811, Chopasni Housing Board, Jodhpur
Mo. 94149-17653, Mail Id. pdjodhpur@[Link]
Date: 30.06.2026 Time: 03.00 PM
9 Address of the Project Director (concerned) Project Director, RSRDC Ltd., Unit-I, Jodhpur, House no.
19.5(a) 810-811, Chopasni Housing Board, Jodhpur
Mo. 94149-17653, Mail Id. pdjodhpur@[Link]
10 Identification of bid Miscellaneous works of Admn. Block at Marwar
Medical University Borawas, Jodhpur
(Excluding cost of Cement)
-Bid Reference No. 149/2026-27 (Sl-1) Dated 08.06.2026
- Do not open before Date 30.06.2026 at 15.00 Hrs.
11 23.1 Bid to be submitted by (end date) Date 29.06.2026 Time: 18.00 Hrs.
12 23.1 Bid will be opened at Project Director, RSRDC Ltd., Unit-I, Jodhpur, House no.
810-811, Chopasni Housing Board, Jodhpur
Mo. 94149-17653, Mail Id. pdjodhpur@[Link]
on 30.06.2026 at 15.00 PM.
13 34.1 The Bidder should submitted EMD, tender cost, Project Director RSRDC Ltd. Unit-I, Jodhpur
processing fee through NEFT/RTGS/IMPS/Bank Name of Bank : Canara Bank, Chopasni Road,
Guarantee issued by Scheduled Bank of RBI Jodhpur
(Except IndusInd Bank) in favour of / payable at A/c No. : 120000067241
IFSC Code: CNRB0002140
14 Escalation factors (for the cost of works executed Financial Year Multiply factor
and financial figure to a common base value for Current Year 1.00
works completed) One Year 1.00
Two Year 1.10
Three Year 1.21
Four Year 1.33
Before Five Year 1.46

16
 Annexure-2

Key Plant & Equipment to be deployed on Contract Work

[Reference Cl. 4.5 .2.1]

S. No. Item Minimum Nos.* Source

(Owned/Leased)
Building work Road Work Bridge
work/ ROB
1 Motor Grader As per requirement - - Owned/Leased
2 Batch Mix Plant As per requirement - - -
(Bitumen) /
or
Drum mix plant (80-100
TPH) capacity
3 Automatic Slip form As per requirement - - Owned/Leased
Paver finisher with
Electronic Sensor guided
by string wire.
4 JCB As per requirement - - Owned/Leased
5 Automatic Batch mix As per requirement - - Owned/Leased
(Concrete) plant
minimum capacity 30
Cum per Hr.
6 Pumping unit for As per requirement - - Owned/Leased
concrete
7 Material lifting Elevator As per requirement - - -
8 Plate/Needle vibrators As per requirement - - Owned/Leased
9 Steel Plate shuttering As per requirement - - Owned/Leased
10 Steel jacks & tie bars As per requirement - - Owned/Leased
11 Adjustable rafters As per requirement - - -
12 Pipe Scaffolding As per requirement - - -
13 Mortar mixing machine As per requirement - - Owned/Leased
(with Hopper)
14 Vibratory road roller As per requirement - - Owned/Leased
15 Pneumatic road roller As per requirement - - -
16 Dumpers As per requirement - - Owned/Leased
17 WMM Plant As per requirement - - Owned/Leased
18 Transit Mixer As per requirement - - Owned/Leased
19 Joint Cutting machine As per requirement - - Owned/Leased
with gen. Set.
20 Front End Loader As per requirement - - Owned/Leased
21 Excavator As per requirement - - Owned/Leased
22 Water Tankers As per requirement - - Owned/Leased
23 CC Core Cutting As per requirement - - Owned/Leased
Machine (150mm dia)
*The requirement should be defined as per project specific requirements.

17
 SECTION 2

QUALIFICATION INFORMATION
The information to be filled in by the Bidder in the following pages will be used for
purposes of post qualification as per Clause 4 of the Instructions to Bidders. This
information will not be incorporated in the Contract.
1 For Individual Bidder
1.1 Constitution or legal status
[Attach copy]
Place of registration: _____________________________
Principal place of business:________________________
Power of attorney of signatory of Bid
[Attach]
1.2 Total value of work performed in the last five years* (Rs. in Crores)
(Excluding current year)
2025-2026
2024-2025
2023-2024
2022-2023
2021-2022
1.3 Work performed as prime contractor, work performed in the past as a nominated sub-
contractor will also be considered provided the sub-contract involved execution of all
main items of work described in the bid document, provided further that all other
qualification criteria are satisfied (in the same name) on works of a similar nature over
the last five years. **

Remarks
Name of Value of Date of Stipulated explaining
Project Description Contract Actual date of
the contract (Rs issue of period of reasons for
Name of work No. completion
Employer Crore) work order completion delay & work
completed

* Attach certificate(s) from the Chartered Accountant

** immediately preceding the financial year in which bids are received.

1.4 Information on Bid Capacity (works for which bids have been submitted and works
which are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works:
Description Place & Contract Name & Value of Stipulated Value of works* Anticipated date
of works State No. Address of Contract Period of remaining to be of completion
Employer (Rs Cr) Completion completed (Rs Cr)
1 2 3 4 5 6 7 8
..

* Attach certificate(s) from the Engineer (s ) -in-Charge

** immediately preceding the financial year in which bids are received.
(B) Works for which bids already submitted

18
 Description Place & Name & Estimated value Stipulated Date when Remarks,
of works State Address of of works period of decision is if any
Employer (Rs Cr) completion expected
1 2 3 4 6 6 7

1.5 Availability of key items of Contractor's Equipment essential for carrying out the Works
[Ref. Clause [Link]]. The Bidder should list all the information requested below. Refer
also to Sub Clause 4.3 .4 of the Instructions to Bidders.

Requirement Availability proposals Remarks

Item of
Owned/ Leased Nos./ (from whom to
Equipment No. Capacity Age/ Condition be purchased)
to be procured Capacity

1.6 Qualifications and experience of key personnel required for administration and
execution of the Contract [Ref. Clause [Link]]. Attach biographical data. Refer also to
Sub Clause 4.3 .5 of instructions to Bidders and Sub Clause 9.1 of the Conditions of
Contract.

Year of
Years of experience in the
Position Name Qualification Experience
(General) proposed position
Project Manager

1.7 Proposed sub-contracts and firms involved. [Refer ITB Clause 4.3 .10]

Sanctions of the Sub-contractor

Value of Sub-contract Experience in similar work
works (Name & Address)

1.8 Financial reports for the last five years: balance sheets, profit and loss statements,
auditors‟ reports (in case of companies/corporation), etc. List them below and attach
copies.
1.9 Evidence of access to financial resources to meet the qualification requirements: cash in
hand, lines of credit, etc. List them below and attach copies of support documents
1.10 Name, address, and telephone, telex, and fax numbers of the Bidders‟ bankers who may
provide references if contacted by the Employer.
1.11 Information on litigation history in which the Bidder is involved.

Other Party(ies) Employer Cause of Dispute Amount involved Remarks showing present
Status

19
1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to
Bidders.(Name of Consultant engaged for project preparation
is**___________________________________________________________________
______________________________________________________________________
(** Fill the Name of Consultant)
1.13 Deleted
1.14 Deleted
1.15 Deleted

2 Joint Ventures
2.1 The information listed in 1.1-1.12 above shall be provided for each partner of the joint
venture. In case of information not provided by any one of them, bid may be
disqualified.
2.2 The information in 1.13 above shall be provided for the joint venture.
2.3 Attach the power of attorney of the signatory [ies] of the bid authorizing signature of the
bid on behalf of the joint venture.
2.4 Attach the agreement among partners of the joint venture [and which is legally binding
on partners], which shows the requirements as indicated in clause 4.4 of the Instructions
to Bidders‟. Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the
event of a successful bid shall be signed by all partners and submitted with the bid,
together with a copy of the proposed Agreement

3 Additional Requirements
3.1 Bidders should provide any additional information required to fulfill the requirements of
Clause 4 of Instructions to Bidders, if applicable.
I Affidavit

20
 DELETED
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5 .2.3 OF ITB)

BANK CERTIFICATE

This is to certify that M/s.______________________________________ is a reputed

Company with a good financial standing.

If the contract for work, namely______________________________________ is

awarded to the above firm, we shall be able to provide overdraft/credit facilities to the
extent of Rs.________________________ to meet their working capital requirements
for executing the above contract during the contract period.

(Signature)
Name of Bank
Senior Bank Manager
Address of the Bank

21
 AFFIDAVIT (As per clause 12.1.2 (d))
(To be furnished on non Judicial Stamp of Rs. 1000/-)

1 I the undersigned do hereby certify that all the statements made in the required
attachments are true and correct.

2 The undersigned also hereby certifies that neither our firm

M/s.____________________________________________________________ have
abandoned any work in RSRDC nor any contract awarded to us for such work have
been rescinded, during last years prior to the date of this bid.

3 The undersigned hereby authorize(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
RSRDC to verify this statement or regarding my (our) competence and general
reputation.

4 The undersigned understand and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the
Department/Project implementing agency.
5 Bid shall remain valid upto ………..days as per clause 15.1.

(Signed by an Authorised Officer of the Firm)

________________________
Title of Officer
______________________
Name of Firm
______________________
DATE

22
 SECTION 3
CONDITIONS OF CONTRACT
Page
Table of Contents No.
A. General 27-31
1 Definitions 27
2 Interpretation 28
3 Language and Law 28
4 Engineer's Decisions 28
5 Delegation 28
6 Communications 28
7 Sub-contracting 28
8 Other Contractors 28
9 Personnel 29
10 Employer's & Contractor's Risks 29
11 Employer's Risks 29
12 Contractor's Risks 29
13 Insurance 29
14 Site Investigation Reports 29
15 Queries about the Contract Data 29
16 Contractor to Construct the Works 29
17 The Works to be Completed by the Intended Completion Date 29
18 Approval by the Engineer 30
19 Safety 30
20 Discoveries 30
21 Possession of the Site 30
22 Access to the Site 30
23 Instructions 30
24 Dispute Redressal System 30
25 Arbitration 31
26 Deleted 31
B Time Control 31-32
27 Programme 31
28 Extension of the Intended Completion Date 31
29 Deleted 32
30 Delays Ordered by the Engineer 32
31 Management Meetings 32
32 Early Warning 32
C Quality Control 32
33 Identifying Defects 32
34 Tests 32
35 Correction of Defects 32
36 Uncorrected Defects 32
D Cost Control 32-38
37 Bill of Quantities 32
38 Changes in the quantities 32
39 Variations 34
40 Mobilization Advance 34
41 Cash Flow Forecasts 35
42 Payment Certificates 35
43 Payments 36
44 Compensation Events 36
45 Tax 36
46 Currencies 37
47 Price Adjustment 37

23
48 Retention 37
49 Liquidated Damages 37
50 Deleted 38
51 Deleted 38
52 Securities 38
53 Deleted 38
54 Cost of Repairs 38
E Finishing the Contract 38-39
55 Completion 38
56 Taking Over 38
57 Final Account 38
58 Operating and Maintenance Manuals 38
59 Termination 38
60 Payment upon Termination 39
61 Property 39
62 Release from Performance 39
F Special Conditions of Contract 40-48

24
 CONDITIONS OF CONTRACT
A. GENERAL

1 Definitions

1.1 Terms which are defined in the Contract Data but are not defined in the Conditions of
Contract keep their defined meanings. Capital initials are used to identify defined terms.

SN Term
1 Bill of Quantities Bill of Quantities as specified in schedule G and H of the bid
document duly priced and approved by the employer.
2 Compensation As defined in Clause 44.
Event
3 Completion Date Date of completion of the Works as certified by the Engineer as per
Clause 55.1
4 Contract The contract between the Employer and the Contractor to execute,
complete and maintain the subjected Works. It consists of the
documents listed in Clause 2.3.
5 Contract Data The documents and other information which comprise the Contract.
6 Contractor A person or corporate body whose Bid to carry out the Works has
been accepted by the Employer
7 Contractor's Bid The completed Bidding document submitted by the Contractor to the
Employer and includes Technical and Financial bids.
8 Contract Price The price stated in the Letter of Acceptance and thereafter as adjusted
in accordance with the provisions of the Contract.
9 Days Calendar days; months are calendar months.
10 Defect Any part of the Works not completed in accordance with the Contract
11 Defects Liability The period specified in the Contract Data and calculated from the
Period Completion Date.
12 Employer The Managing Director, RSRDC, who will employ the Contractor to
carry out the Works.
14 Engineer The person named in the Contract Data (or any other competent
person appointed by employer and notified to the contractor to act in
replacement of the Engineer) who is responsible for supervising the
Contractor, administering the Contract, certifying payments due to the
Contractor, issuing and valuing Variations to the Contract, awarding
extensions of time, and valuing the Compensation Events.
15 Equipment The Contractor's machinery and vehicles brought temporarily to the
Site to construct the Works.
16 Initial Contract The Contract Price listed in the Employer's Letter of Acceptance.
Price
17 Intended The date on which it is intended that the Contractor shall complete the
Completion Date Works as specified in the Contract Data. The Intended Completion
Date may be revised only by the Engineer by issuing an extension of
time.
18 Materials All supplies, including consumables, used by the contractor for
incorporation in the Works.
19 Plant Any integral part of the Works which is to have a mechanical,
electrical, electronic, chemical, or biological function
20 Site The area defined as such in the Contract Data
21 Site Investigation Those which were included in the Bidding documents and are factual
Reports interpretative reports about the surface and sub-surface conditions at
the site.
22 Specification The Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer.
23 Start Date The date when the Contractor shall commence execution of the works

25
 as per Contract Data. It does not necessarily coincide with any of the
Site Possession Dates.
24 Subcontractor A person or corporate body who has a Contract with the Contractor to
carry out a part of the work in the Contract which includes work on
the Site.
25 Temporary Works Works designed, constructed, installed, and removed by the
Contractor which are needed for construction or installation of the
Works.
26 Variation An instruction given by the Engineer, which varies the Works.
27 Works What the Contract requires the Contractor to construct, install, and
turnover to the Employer, as defined in the Contract Data.

2 Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or
neuter, and the other way around. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically defined. The Engineer will provide
instructions clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract
to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the
Works (other than references to the Completion Date and Intended Completion date for the whole
of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority:
a. Agreement
b. Letter of Acceptance/notice to proceed with the works
c. Contractor's Bid
d. Contract Data
e. Conditions of Contract including Special Conditions of Contract
f. Specifications
g. Drawings
h. Bill of Quantities and
i. any other document listed in the Contract Data as forming part of the Contract
3 Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data.
4 Engineer's Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between
the Employer and the Contractor in the role representing the Employer.
5 Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people after notifying the
Contractor and may cancel any delegation after notifying the Contractor.
6 Communications
6.1 Communications between parties which are referred to in the conditions are effective only when in
writing.
7 Sub-contracting
7.1 The Contractor may sub-contract any portion of work, upto a limit specified in Contract Data, with
the approval of the Engineer but may not assign the Contract without the approval of the Employer
in writing. Sub-contracting does not alter the Contractor's obligations. Sub contractors shall have
to be got approved from employer after submitting credentials.

8 Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of other Contractors. The
Contractor shall as referred to in the Contract Data, also provide facilities and services for them as
described in the Schedule. The employer may modify the schedule of other contractors and shall
notify the contractor of any such modification.
9 Personnel
9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as

26
 referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel
approved by the Engineer. The Engineer will approve any proposed replacement of key personnel
only if their qualifications, abilities, and relevant experience are substantially equal to or better
than those of the personnel listed in the Schedule.
9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's staff
or his work force stating the reasons the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the work in the Contract.
10 Employer's and Contractor's Risks
10.1 The Employer carries the risks which this Contract states are Employer's risks, and the Contractor
carries the risks which this Contract states are Contractor's risks
11 Employer's Risks
11.1 The Employer is responsible for the excepted risks which are in so far as they directly affect the
execution of the Works in India, the risks of war, hostilities, invasion, act of foreign enemies,
rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or
disorder (unless restrict to the Contractor's employees), and contamination from any nuclear fuel
or nuclear waste or radioactive toxic explosive.
12 Contractor's Risks
12.1 All risks of loss of or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract other than the excepted risks are the
responsibility of the Contractor.
13 Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance
cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles
stated in the Contract Data for the following events which are due to the Contractor's risks:
a. loss of or damage to the Works, Plant and Materials;
b. loss of or damage to Equipment;
c. loss of or damage of property (except the Works, Plant, Materials and Equipment) in
connection with the Contract; and
d. personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the
Engineer's approval before the Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may
affect the insurance which the Contractor should have provided and recover the premiums the
Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the
payment of the premiums shall be a debt due.
13.4 Alterations to the terms of insurance shall not be made without the approval of the Employer.
13.5 Both parties shall comply with any conditions of the insurance policies.
14 Site Investigation Reports
14.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the
Contract Data, supplemented by any information available to the Bidder. However, bidders are
advised to verify the details at their own level. The Employer will have no responsibility in case
any discrepancy is observed.
15 Queries about the Contract Data
15.1 The Engineer will clarify queries on the Contract Data.
16 Contractor to Construct the Works
16.1 The Contractor shall construct and install the Works in accordance with the Specification and
Drawings
17 The Works to be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the
Works in accordance with the programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.
18 Approval by the Engineer
18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works
to the Engineer, who is to approve them if they comply with the Specifications and Drawings.
18.2 The Contractor shall be responsible for design of Temporary Works.

27
18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary
Works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works where
required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works,
are subject to prior approval by the Engineer before their use.
19 Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20 Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site
is the property of the Employer. The Contractor is to notify the Engineer of such discoveries and
carry out the Engineer's instructions for dealing with them.
21 Possession of the Site
21.1 The Employer shall give Site possession to the Contractor as per the Contract Data. If possession
of the Site is not given as per the Contract Data the Employer is deemed to have delayed the start
of the relevant activities and this will be a Compensation Event.
22 Access to the Site
22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to the
Site, to any place where work in connection with the Contract is being carried out or is intended to
be carried out and to any place where materials or plant are being manufactured / fabricated /
assembled for the works.
23 Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works which comply
with the applicable laws where the Site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and records relating
to the performance of the Contractor and to have them audited by auditors appointed by the
Employer, if so required by the Employer.
24 Dispute Redressal System
24.1 i. If any dispute or difference of any kind what-so-ever shall arise in connection with or arising out
of this Contract or the execution of works or maintenance of the works there under, whether before
its commencement or during the progress of works or after the termination, abandonment or
breach of the Contract, it shall, in the first instance, be referred for settlement to the competent
authority, described along with their powers in the Contract Data, above the rank of the Engineer.
ii. The competent authority shall, within a period of forty-five days after being requested in writing
by the Contractor to do so, convey his decision to the Contractor. Such decision in respect of every
matter so referred shall, subject to review as hereinafter provided, be final and binding upon the
Contractor.
iii. In case the Works 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.
24.2 Either party will have the right of appeal, against the decision of the competent authority, to the
Standing Empowered Committee if the amount appealed against exceeds rupee ten lacs.
24.3 The composition of the Standing Empowered Committee will be as follows:
1 One official member, from the Directors on the Chairman
Board of Employer, preferably Chief Engineer,
PWD
2 GM/ CPM of RSRDC, as declared by Managing Member
Director, RSRDC
3 One non-official member who is technical expert Member
of at least Additional Chief Engineer‟s level,
selected by the Contractor from a panel of three
experts given to him by the Employer.
24.4 The Contractor and the Employer or his designated representative will be entitled to present their
case in writing duly supported by documents. If so requested, the Standing Empowered Committee
may allow one opportunity to the Contractor and the Employer or his designated representative for
oral arguments for a specified period. The Empowered Committee shall give its decision within a
period of ninety days from the date of appeal, and after this period, the parties will be free to

28
 approach the appropriate court of law for the resolution of the dispute.
24.5 The decision of the Standing Empowered Committee will be binding on both the Employer and
the Contractor for payment of claims up to five percent of the Initial Contract Price. The
Contractor can accept and receive payment after signing as „in full and final settlement of all
claims‟. If the Contractor or the Employer or both do not accept the decision, they are not barred
from approaching the courts.
24.6 If any dispute is arised by contractor in front of standing committee for settlement then contractor
is liable to deposit as non refundable amount @2% of dispute/claim not exceeding Rs. 1.00 Lacs
25 Arbitration

25.1 In view of the provision of the clause 24 on Dispute Redressal System, it is the condition of the
Contract that there will be no arbitration for the settlement of any dispute between the parties.
26 Deleted
B. TIME CONTROL
27 Programme
27.1 Within 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 in the Works along with monthly cash flow forecast.
27.2 An update of the Programme shall be a programme showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of the remaining work including any
changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer, 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
27.4 The Engineer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise the Programme and submit it to the Engineer again at any time. A revised
Programme is to show the effect of Variations and Compensation Events. The approval of revised
Programme does not entitle the contractor to any extension in execution period. Any extension
case will be decided independently on its merit.
28 Extension of the Intended Completion Date
28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date without the Contractor taking steps to accelerate the remaining work and which
would cause the Contractor to incur additional cost.
28.2 The Engineer shall decide whether and by how much to extend the Intended Completion Date
within 35 days of the Contractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information. If the Contractor has
failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay
by this failure shall not be considered in assessing the new Intended Completion Date.
28.3 The Engineer shall within 14 days of receiving full justification from the contractor in writing for
extension of Intended Completion Date refer his recommendations to the Employer. The Employer
shall within 21 days communicate to the Engineer the acceptance or otherwise of the Engineer's
recommendations. If the Employer fails to give his acceptance, the Engineer shall not grant the
extension and the contractor may refer the matter to the Standing Empowered Committee for
settlement of disputes under Clause 24.
29 Deleted
30 Delays Ordered by the Engineer
30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works.
31 Management Meetings
31.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The
business of a management meeting shall be to review the plans for remaining work and to deal
with matters raised in accordance with the early warning procedure.
31.2 The Engineer shall record the business of management meetings and provide copies of his record
to those attending the meeting and to the Employer. The responsibility of the parties for actions to

29
 be taken is to be decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
32 Early Warning
32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the work, increase the Contract Price, or
delay the execution of works. The Engineer may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the Contract Price and Completion Date.
The estimate is to be provided by the Contractor as soon as reasonably possible.
32.2 The Contractor shall cooperate with the Engineer in making and considering proposals for how the
effect of such an event or circumstance can be avoided or reduced by anyone involved in the work
and in carrying out any resulting instruction of the Engineer.
C. QUALITY CONTROL
33 Identifying Defects
33.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct
the Contractor to search for a Defect and to uncover and test any work that the Engineer considers
may have a Defect.
34 Tests
34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for
the test and any samples. If there is no Defect the test shall be a Compensation Event.
35 Correction of Defects
35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins at Completion and is defined in the Contract Data. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the
length of time specified by the Engineer's notice.
35.3 The contractor will have to maintain the Works for a period specified in the Contract Data. For this
maintenance period he will be paid as per the conditions specified in Clause 3 of Special Condition
of Contract.

36 Uncorrected Defects
36.1 If the Contractor has not corrected a Defect within the time specified in the Engineer's notice, the
Engineer will assess the cost of having the Defect corrected, and the Contractor will pay the actual
cost plus 20%. If the contractor does not pay this amount, Engineer shall have the right to recover
through any options available to him.
D. COST CONTROL
37 Bill of Quantities
37.1 The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.
38 Changes in the Quantities: The Engineer-in-charge shall have power to make any alterations,
omissions or additions to or substitutions for 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 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 agreed to do the main work.
The time for the completion of the work shall be extended 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.
The rates for such additional altered or substituted work under this clause shall be worked out in
accordance with the following provisions in their respective order.
38.1 If the rates for the additional, altered or substituted work are specified in the contract for the work,
the contractor is bound to carry out the additional altered or substituted work at the same rates as
per specified in the contact for the work.
38.2 If the rates for the altered, additional or substituted work not specifically provided in the contract

30
 for the work, then such rates will be derived from the rates for a similar class of work as are
specified in the contract for the work.
38.3 If the rates for the altered, additional or substituted work can not determined in the manner
specified in the clause 38.1 or 38.2, then the rates for such composite work item shall be worked
out on the basis of the concerned Schedule or Rates of the District/area specified above minus/
plus the percentage which the total tendered amount bears to the estimated cost of the entire work
put on tender.
Provided always that if the rate for a particular part or parts of the item is not in the Schedule of
Rates, the rate for such part or parts will be determined by the Engineer on the basis of the
prevailing market rates when the work was done.
38.4 If the rates for the altered, additional or substituted work item cannot be determined in the manner
specified in clauses 38.1 or 38.3, then the contractor shall within 7 days of the date of receipt or
order to carry out the work, inform the Engineer of the rate which it is his intention to charge for
such class of work supported by analysis of the rate or rates on the basis of prevailing market rates
and got approval from employer and mean while the contractor is paid at provisional rate decided
by Engineer. However, the Engineer by the notice in writing will be at liberty to cancel his order to
carry out such class of work and arrange to carry it out in such manner, as he may consider
advisable. But under no circumstances, the contractor shall suspend the work on the plea non-
settlement of rates on items falling under the clause.
38.5 Except in case of items relating to foundations, clauses 38.1 to 38.4 shall not apply to contract or
substituted items if individually exceed the percentages set out in the tender documents under
clause 38.7.1.
38.6 For the purpose of operation of clause 38.5 the following works shall be treated as work relating to
foundations:-
38.6.1 For buildings, compound wall, plinth level or 1.2 meters (4 ft.) above ground level whichever is
lower, excluding items above flooring and D.P.C. but including base concrete below the floors.
38.6.2 For abutments, piers, retaining wall of culverts and bridges, wall of water reservoir and the bed of
floor level.
38.6.3 For retaining walls, where floor levels is not determinate 1.2 meters above the average ground
level or bed level.
38.6.4 For roads, all items or excavation and filling including treatment of sub base and soling work.
38.6.5 For water supply lines, sewer lines underground storms water drains and similar work. All items of
work below ground level except items of pipe work for proper masonry work.
38.6.6 For open storm water drains, all items of work except lining of drains.
38.6.7 Any other items of similar nature which Engineer may decide relating to foundation
38.7 The rate of any such work, except the items relating to foundations, which is in excess of the
deviation limit, shall be determined as per Clause 38.7.1.
38.7.1 The quantum of additional work for each item shall not exceed 50% of the original quantity given
in the agreement and the total value of additional work shall not exceed 50% of the total contract
value, unless otherwise mutually agreed by the Engineer and the contractor. This limit shall not be
applicable on items relating to foundation work which shall be executed as per original rates or
provision of clause 38.1 to 38.4.
38.7.2 In case of contract substituted items or additions items, which results in exceeding the deviation
limit laid down in this clause except items relating to foundation work, which the contractor is
required to do under clause 38 above, the contractor shall within 7 days from the receipt of order,
claim revision of the rate supported by proper analysis in respect of such items for quantities in
excess of the deviation limit notwithstanding the fact that the rates for such items exist in the
tender for the main work or can be derived as per clause 38.2 and the Engineer, may revised their
rates having regard to the prevailing market rates and got approved from employer the contractor
shall be paid at provisional rate decided by Engineer to final approval of rates by employer. The
Engineer shall however, be at liberty to cancel his order to carry out such increased quantities of
work by giving notice in writing to the contractor and arrange to carry it out in such manner as he
may consider advisable. But under no circumstance, the contractor shall suspend the work on the
plea of non-settlement of rates of items failing under this Clause.
38.7.3 All the provisions of the preceding paragraph shall equally apply to the decrease in rates of items
for quantities in excess of the deviation limit notwithstanding the fact that the rates for such items
exist in the tender for the main work or can be derived as per clause 38.2 and the Engineer may

31
 revise such rates having regard to the prevailing market rates unless otherwise mutually agreed by
the Employer and the Contractor.
39 Variations
39.1 All Variation shall be included in updated Programs produced by the Contractor.
40 Mobilization Advance
40.1 In respect of works costing more than Rs. 50.00 Crore (Rs. Fifty Crore) only the
department will, if provided in bidding document and requested by the Contractor to make
mobilization advance, payment to the Contractor (at 9% per annum interest compounded
annually basis) to assist in defraying the initial expenses that necessarily be incurred by
the Contractor for mobilization. The total of such advance payments and the number &
timing of installments is stated here under-
The total amount of Advance shall not be more than 10% of the Capital work. Payment of
Mobilization Advance shall be made in two equal installments, out of these first
installment shall not be more than 5% of the Capital work and on compliance of the
requisite conditions as stated in the bidding document, the remaining amount of 5% of
Capital work shall be in second installment
40.2 Release of Mobilization Advance:
On recommendation of the Engineer-in-charge, Mobilization Advance shall be released,
as follows:
(i) Execution of the Agreement by the parties thereto,
(ii) Submission by the Contractor of an unconditional and irrecoverable bank guarantee in
amounts and currencies equal to the advance payment being requested. Such bank
guarantee shall be issued either by a Nationalized or Scheduled Bank as declared by the
RBI, should be encashable in Rajasthan and acceptable to the Department. The
guarantee shall remain effective until the full recovery of the advance payment with total
interest payable thereon. If the advance payment has not been repaid by the date 28 days
prior to expiry date of B.G. the contractor shall extend the validity of B.G. until the
advance payment has been repaid.
(iii) The mobilization advance payments shall be made in two installments as stated
above, subject to the conditions described below. The advance payments shall be used
by the Contractor exclusively for mobilization expenses, as per the programme
approved by the Engineer-in-charge.
(iv) For this purpose, the Contractor shall open a dedicated Contract Bank Account in a
bank located at divisional office headquarter or in case of non-functioning of bank's
branch at divisional office headquarter than at the nearest place to divisional office
headquarter in Rajasthan and the Department will transfer or deposit the advance
payments directly into the aforesaid dedicated Bank Account of the Contractor. The
Contractor will not be permitted to use these funds for any purpose other than for
expenditures under the Contract and the Department will be entitled to verify that the
transactions from this account are used exclusively for the purposes for which they are
intended. In case the advance payment is not utilized by the Contractor as per the
approved programme and within the stipulated period to the satisfaction of the
Engineer-in- charge, default proceedings as per the relevant clause of Contract, shall be
initiated against the Contractor.
40.2.1 Release of First Installment:
The Department will make, payment of the first installment of the mobilization advance
only after the Contractor has fulfilled the following conditions :-
(a) Contractor has executed the agreement with department.
(b) Requisite Bank Guarantee has been deposited by the contractor.
(c) Established the dedicated Contract Bank Account.
(d) Any other condition mentioned in bid document in order to release installment..
40.2.2 Release of Second Installment:
After the first installment of the advance payment has been utilized as per the approved

32
 programme, substantiated by relevant documents and to the satisfaction of the Engineer-
in-charge, the Contractor may then apply for the second installment after complying the
conditions stated in the bid. The Department will make payment of the second installment
after the Contractor has successfully fulfilled the following conditions:
(a) Actual deployment of (i) such Personnel (ii) Machinery and Equipment, as per the
approved deployment schedules, if stated in bid document.
(b) Established the fully furnished Site Office(s), if stated in bid document.
(c) Established and staffed, with qualified personnel, completely equipped testing
laboratory(s) at Site for quality control purposes, if stated in bid document.
(d) Placed confirmed orders for supply of major items of material and equipment, which
is to be incorporated into the Permanent works as per the approved procurement
schedule, if stated in bid document.
(e) Commenced construction work at the site in accordance with the approved
construction program, if stated in bid document.
(f) The second Installment of Mobilization Advance would be released after submission
of utilization certificate by contractor for the first Installment of advance released
earlier.
(g) Requisite Bank Guarantee has been deposited.
(h) Any other condition mentioned in bid document in order to release second installment
40.3 Schedule of Re-payment of Mobilization Advance:
The Advance Payment shall be repaid through percentage from the running bill as under :-
(a) deductions shall commence in the first running bill.
(b) deductions shall be made at the rate of 15% (fifteen percent) of each running bill until
such time as the advance payment has been repaid along with interest thereon;
provided that the advance payment shall be completely repaid prior to the time when
75% (seventy five percent) of Payment of works or 13 months from the date of first
installment of Advance, whichever is earlier."
41 Cash Flow Forecasts
41.1 When the Programme is updated, the contractor is to provide the Engineer with an updated cash
flow forecast.
42 Payment Certificates
42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the work
completed minus the cumulative amount certified previously.
42.2 The Engineer shall check the Contractor's monthly statement preferably within 14 days and certify
the amount to be paid to the Contractor.
42.3 The value of work executed shall be determined by the Engineer.
42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of
Quantities completed.
42.5 The value of work executed shall include the valuation of Variations and Compensation Events.
43 Payments
43.1 Payments shall be adjusted for deductions for retention, other recoveries in terms of the contract
and taxes at source, as applicable under the law. The Employer shall preferably pay the Contractor
the amounts certified by the Engineer within 28 days of the date of each certificate.
43.2 Items of the Works for which no rate or price has been entered in will not be paid for by the
Employer and shall be deemed to be covered by other rates and prices in the Contract.
44 Compensation Events
44.1 The following are Compensation Events unless they are caused by the Contractor:
a The Employer does not give access to 90 percent of the Site by the Site Possession Date
stated in the Contract Data.
b The Employer modifies the schedule of other contractors in a way which affects the work
of the contractor under the contract
c The Engineer orders a delay or does not issue drawings, specifications or instructions
required for execution of works on time.
d The Engineer instructs the Contractor to uncover or to carry out additional tests upon work

33
 which is then found to have no Defects
e Ground conditions are substantially more adverse than could reasonably have been assumed
before issuance of Letter of Acceptance from the information issued to Bidders (including
the Site Investigation‟ Reports), from information available publicly and from a visual
inspection of the site
f The Engineer gives an instruction for dealing with an unforeseen condition, caused by the
Employer, or additional work required for safety or other reasons.
g Other contractors, public authorities, utilities or the Employer does not work within the
dates and other constraints stated in the Contract, and they cause delay or extra cost to the
Contractor.
h The effect on the Contractor of any of the Employer's Risks.
i The Engineer unreasonably delays issuing a Certificate of Completion.
j Removal of underground utilities detected subsequently
k Significant change in classification of soil requiring additional mobilization by the
contractor, e.g. ordinary soil to rock excavation,
l Removal of unsuitable material like marsh, debris dumps, etc not caused by the contractor
m Artesian conditions
n Seepage, erosion, landslide
o River training requiring protection of permanent work
p Presence of historical, archeological or religious structures, monuments interfering with the
works
q Restriction of access to ground imposed by civil, judicial, or military authority
Other Compensation Events listed in the Contract Data or mentioned in the Contract
44.2 In case of a Compensation Event, the Engineer shall decide whether and by how much the
Intended Completion Date shall be extended.
44.3 Deleted
44.4 The Contractor shall not be entitled to time extension to the extent that the Employer's interests are
adversely affected by the Contractor not having given early warning or not having cooperated with
the Engineer.
45 Tax
45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the GST, income tax,
royalty, labour cess, or any other tax/duty/cess as applicable be law at the time of payment, shall
be borne by the contractor for the performance of this Contract. The Employer will perform such
duties in regard to the deduction of such taxes at source as per applicable law.

46 Currencies
46.1 All payments shall be made in Indian National Rupees.
47 Price Adjustment :
47.1. Contract price shall be adjusted for increase or decrease in rates and price of labour, materials,
fuels and lubricants in accordance with the following principles and procedures and as per formula
given in the contract data:

(a) The price adjustment shall apply for the work done from the start date given in the contract
data upto end of the initial intended completion date and shall not apply to the work carried
out beyond the stipulated time, whatever the reason of delay.
(b) The price adjustment shall be determined during each month from the formula given in the
contract data.
(c) Following expressions and meanings are assigned to the work done during each month:
R= Total value of work done during the month. It would include the amount of secured
advance granted, if any, during the month, less the amount of secured advance recovered,
if any, during the month. It will exclude value for works executed under variations for
which price adjustment will be worked separately based on the terms mutually agreed.
47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by
the provisions of this or other clauses in the contract, the unit rates and prices included in the

34
 contract shall be deemed to include amounts to cover the contingency of such other rise or fall in
costs.
48 Retention
48.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the
Contract Data until Completion of the whole of the Works.
48.2 On Completion of the whole of the Works half the total amount retained is repaid to the Contractor
and on request, half when the Defects Liability Period has passed and the Engineer has certified
that all Defects notified by the Engineer to the Contractor before the end of this period have been
corrected.
48.3 After initial intended completion date, on request of the contractor, retention money may substitute
with an „on demand‟ instrument as specified for Performance Security.
49 Liquidated Damages
49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the
Contract Data for each day that the Completion Date is later than the Intended Completion Date
(for the whole of the works or the milestone as stated in the Contract Data). The total amount of
liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may
deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages
does not affect the Contractor's liabilities.
49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any over-payment of liquidated damages by the Contractor by adjusting the
next payment certificate.
49.3 If the contractor fails to comply with the time for completion as stipulated in the tender, then the
contractor shall pay to the employer the relevant sum stated in the Contract Data as Liquidated
damages for such default, and not as penalty, for everyday or part of day which shall elapse
between relevant time for completion and the date stated in the taking over certificate of the whole
of the works on the relevant section, subject to the limit stated in the Contract Data.
The employer may, without prejudice to any other method of recovery, deduct the amount of such
damages from any monies due or to become due to the contractor. The payment or deduction of
such damages shall not relieve the contractor from his obligation to complete the works or from
any other of his obligations and liabilities under the contract.
49.4 If, before the Time for Completion of the whole of the Works or, if applicable, any Section, a
Taking-Over Certificate has been issued for any part of the Works or of a Section, the liquidated
damages for delay in completion of the remainder of the Works or of that Section shall, for any
period of delay after the date stated in such Taking-Over Certificate, and in the absence of
alternative provisions in the Contract, be reduced in the proportion which the value of the part so
certified bears to the value of the whole of the Works or Section, as applicable. The provisions of
this Clause shall only apply to the rate of liquidated damages and shall not affect the limit thereof.
50 Deleted
51 Deleted
52 Securities
52.1 The Performance Security (including additional performance security for unbalanced bid) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance and shall be
issued in an amount and form and from a bank or surety acceptable to the Employer, and
denominated in Indian Rupees. The Performance Security shall be valid until a date 60 days from
the date of expiry of Maintenance Period and the additional performance security for unbalanced
bids shall be valid until a date 28 days from the date of issue of the certificate of completion. After
initial intended completion date, additional performance security may be taken, in proportion of
work not executed.
„The performance security and additional performance security of a Joint Venture shall be in the
name of either partner severely or jointly in the name of the Joint Venture.‟
53 Deleted
54 Cost of Repairs
54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date
and the end of the Defects Correction periods shall be remedied by the Contractor at the
Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.
E. FINISHING THE CONTRACT
55 Completion

35
55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the Works and
the Engineer will do so upon deciding that the Work is completed.
56 Taking Over
56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a
certificate of Completion.
57 Final Account
57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period.
The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to
the Contractor preferably within 56 days of receiving the Contractor's account if it is correct and
complete. If it is not, the Engineer shall issue preferably within 56 days a schedule that states the
scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory
after it has been resubmitted, the Engineer shall decide on the amount payable to the Contractor
and issue a payment certificate, preferably within 56 days of receiving the Contractor's revised
account.
58 Operating and Maintenance Manuals
58.1 If „as built‟ Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the Contract Data.
58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract
Data, or they do not receive the Engineer's approval, the Engineer shall withhold the amount stated
in the Contract Data from payments due to the Contractor.
59 Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:
a the Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
b the Employer or the Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation
c the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach
of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
d the Contractor does not maintain a security which is required;
e the Contractor has delayed the completion of works by the number of days for which the
maximum amount of liquidated damages can be paid as defined in the Contract Data; and
f if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
g „The contractor (in case of joint venture) has modified the composition of the joint venture
and/or the responsibility of each member of the joint venture from what is stated in joint
venture agreement without prior approval of the Employer‟.
For the purpose of this clause, „corrupt practice‟ means the offering, giving, receiving or soliciting
of anything of value to influence the action of a public official in the procurement process or in
contract execution. „Fraudulent practice‟ means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Borrower, and includes
collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices
at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open
competition.‟
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a cause
other than those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breach
is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and
secure and leave the Site as soon as reasonably possible.
60 Payment upon Termination
60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, i. the
Engineer shall issue a certificate for
a. the value of the work done,

36
 b. less advance payments received up to the date of the issue of the certificate,
c. less other recoveries due in terms of the contract,
d. less taxes due to be deducted at source as perapplicable laws.
ii. If the total amount due to the Contractor is lower than the payment due to the Employer, the
difference shall be a debt payable by the contractor to the Employer. If the total amount due to the
Contractor is higher than the payment due to the Employer, the difference shall be payable by the
Employer to the contractor.
iii. The performance security in full and the additional performance security, if any, in proportion
of work not executed, shall be forfeited.
iv. Liquidated Damages shall not apply.
v. The up-to-date deducted retention money, considering as part of the performance security, shall
not be refunded.
60.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of
Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the
cost of balance material brought by the contractor and available at site, 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 other recoveries due in
terms of the contract and less taxes due to be deducted at source as per applicable law.
61 Property
61.1 All materials on the-Site, Plant, Equipment, Temporary Works and Works are deemed to be the
property of the Employer, if the Contract is terminated because of a Contractor's default.
62 Release from Performance
62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of either the Employer or the Contractor the Engineer shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for any
work carried out afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

1 LABOUR:

1.1 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.

1.2 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 Contractor
on the Site and such other information as the Engineer may require.

2 COMPLIANCE WITH LABOUR REGULATIONS:

2.1 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 below. 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
there 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 bye

37
 laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor,
the Engineer/Employer shall have the right to .deduct any money due to the Contractor
including his 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.

2.2 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.

2.3 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION
WORK.
2.3.1 Workmen Compensation Act 1923 :- The Act provides for compensation in case of injury
by accident arising out of and during the course of employment.

2.3.2 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 5 years service
or more on death, the rate of 15 days wages for every completed year of service. The Act is
applicable to all establishments employing 10 or more employees.
2.3.3 Employees P.F. and Miscellaneous Provision Act 1952 : The Act Provides for monthly
contributions by the employer plus workers @ 10% or 8.33%. The benefits payable under
the Act are :

a Pension or family pension on retirement or death, as the case may be.

b Deposit linked insurance on the death in harness of the worker.
c Payment of P.P. accumulation on retirement/death etc.

2.3.4 Maternity Benefit Act 1951 :- The Act provides for leave and some other benefits to
womenemployees in case of confinement or miscarriage etc.

2.3.5 Contract Labour (Regulation & Abolition) Act 1970 :- The Act provides for certain
welfaremeasures 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 licence from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer, if they employ 20 or
more contract labour.

2.3.6 Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the Minimum
Wagesfixed by appropriate Government as per provisions of the Act, if the employment is
a scheduled employment. Construction of Buildings, Roads, Runways are scheduled
employments.

2.3.7 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.

2.3.8 Equal Remuneration Act 1979 :- The Act provides for payment of equal wages for work of
equalnature to Male and Female workers and for not making discrimination against
Female employees in the matters of transfers, training and promotions etc.

2.3.9 Payment of Bonus Act 1965 :- The Act is applicable to all establishments employing 20 or
moreemployees. The Act provides for payments of annual bonus subject to a minimum of
8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/-per

38
 month or less. The bonus to be paid to employees getting Rs.2500/- per month or above
upto Rs.3500/- per month shall be worked out by taking wages as Rs.2500/ -per month
only. The Act does not apply to certain establishments. The newly set-up establishments
are exempted for five years in certain circumstances. Some of the State Governments have
reduced the employment size from 20 to 10 for the purpose of applicability of this Act.

2.3.10 Industrial Disputes Act 1947 :- The Act lays down the machinery and procedure for
resolution ofIndustrial 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.

2.3.11 Industrial Employment (Standing Orders) Act 1946 -:- It is applicable to all
establishmentsemploying 100 or more workmen (employment size reduced by some of the
States and Central Government to 50). The Act provides for laying down rules governing
the conditions of employment by the Employer on matters provided in the Act and get the
same certified by the designated Authority.

2.3.12 Trade Unions Act 1926 :- The Act lays down the procedure for registration of trade unions
ofworkmen and employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.

2.3.13 Child Labour (Prohibition & Regulation) Act 1986 :- The Act prohibits employment of
childrenbelow 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment
of Child Labour is prohibited in Building and Construction Industry.

2.3.14 Inter-State Migrant workmen's (Regulation of Employment & Conditions of Service) Act
1979 :-The Act is applicable to an establishment which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for
employment at 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, traveling expenses from home
upto the establishment and back, etc.

2.3.15 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 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.

2.3.16 Factories Act 1948:- The Act lays down the procedure for approval of plans before setting
up afactory, health and safety provisions, welfare provisions, working hours, annual
earned leave and rendering information regarding accidents or dangerous occurrences to
designated authorities. It is applicable to premises employing 10 persons or more with aid
of power or 20 or more persons without the aid of power engaged in manufacturing
process.

3 The Defect Liability Period (In addition to clause 35)

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3.1.1 The Defect Liability Period (DLP) for all Road /Building/ Bridge / C.D. works shall as
specified in the Contract Data after issuance of completion certificate. All defects of Road
/Building/ Bridge C.D. works executed by the Contacting agency shall be attended by
them at their own cost for DLP from the date of completion of work, as per the clause in
the Agreement and Special Condition of Contract.
3.1.2 The contractor will also have to maintain the Road/ Bridge/CD works for a Defect Liability
Period as specified in the Contract Data after issuance of completion certificate. For
maintaining the road/ bridge/ CD works during this period the contractor shall not be paid.

3.1.3 In case of Building work, no maintenance work is to be carried out by contractor and no
payment on this account shall be made. But during defect liability period, the contractor
shall be liable to attend all construction defects left by him, at his own cost.
The word “Maintenance of Road/Bridge/C.D. Works during Defect Liability Period” means
(i) Routine maintenance of Road/Bridge/C.D. Works and
(ii) To remove the defects as & when appear in part and entire structure of
Road/Bridge/C.D. Works, in specified time.
3.1.4 The contracting agency shall do the routine maintenance of Road/Bridge/C.D. Works,
including pavement, road side and cross drains including surface drains to the required
standards and keep the entire road surface and structure in Defect Free condition during the
entire period of routine maintenance which begins at completion of the construction work
till end of DLP.

The routine maintenance shall consist of the routine maintenance operation defined in
manual for maintenance of roads of MoRTH and shall be carried out accordingly. The
routine maintenance activities and their periodicity shall be as under:
[Link] Name of Item Maintenance Frequency of
calendar operations in
one year
1 Clearing and Maintenance of Road Side Before & after rains. Twice
Drains, de-silting of drains etc.
2 Clearance of C.D. Works Before and after rains Twice
3 Pot-holes filling (WMM & BT), As and when Make road
developed Potholes free.
4 Filling of edges of asphalt surface, As and when Make road
patchwork with similar material of the BT developed. Potholes free.
surface
5 Earth work in berms, Dressing of Berms Immediately before Twice
and after rains
6 Clearing of wild seasonal growth on berm, Before and after rains. Twice
removal of debris etc from berm
7 Cutting of branches of trees, etc. Before and after rains. Twice
8 Fixing disturbed caution board /village As and when required Once
name board / speed limit board etc. specially after rain.
9 Re-fixing displaced guard stones, km As and when required Once
stones etc specially after rain.
10 White Washing of Guard Stones and As and when required Once
parapets of [Link] specially after rain.
11 White washing Geroo painting of trunks As and when required Once
of trees. specially after rain.
12 Maintenance and watering of Trees As and when required As and
Planted along the road whenRequired

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 13 Painting of centre line As and when required Once
14 Removal of stickers, Repainting and As and when required Twice
lettering of caution /informatory /
regulatory board etc.
15 Repainting and lettering of Km Stone As and when required Once

3.1.5 The Defect Liability Period shall be 5 years after date of completion of Building/Road work.

3.2 In case contractor fails to maintain the road in any quarter during the Defect Liability
Period, a sum equivalent to actual expenditure plus 20% done to correct the defect, shall
be recovered from his Performance Security.

3.3 The Performance Security will be refunded after 60 days from date of expiry of the Defect
Liability Period.

3.4 During the Defect Liability Period the contractor shall be liable to attend all construction
defects left by him, at his own cost. In case of failure to attend such defects, the same shall
be got rectified by the Employer and cost recovered as per agreement.

3.5.1 The contracting agency shall undertake joint detailed inspection along with Engineer- in-
charge / [Link]., at least once in three months in case of all Road/Bridge/[Link]. The
Engineer-In-Charge can reduce this frequency in case of emergency. The Contracting agency
shall forward to the Engineer-In-charge the record of inspection and rectification within 15
days after the joints inspection. The Contracting agency shall pay particular attention on
those road sections, which are likely to be damaged during rainy season.

3.5.2 One register has to be maintained by every Project Officer for recording the inspection details
of works in his jurisdiction under defect liability period.

4.0 The contractor would provide the following, at his own cost (Not payable extra &
incidental to work) up to finalization of the work:-

4.1.1 Cement godown of capacity of approx. 8000 Bags, as/if required.

4.1.2 Site office along with furniture (2 nos. table, 6 nos. office chairs, 2 no. almiraha, 1 no.
rack) of 200 [Link]. area with toilet.

4.1.3 Light, water & telephone arrangement in site office. Payment of bills for this facility shall
be made by the contractor.

4.1.4 Provide 3 nos. security guards for watch & ward of cement godown & site office to
Engineer.

4.1.5 Provide Quality control lab of 150 [Link]. area with required equipment & Technical
Staff/Engineer. Survey instrument shall be made available at all work site by contractor.
Payment of work done will not be released without establishing the laboratory. Photographs
of Laboratory shall have to be submitted.

4.1.6 Provide proper stacking yard for steel.

4.1.7 Provide proper illumination all around cement godown & site Office & steel staking yard.

41
4.1.8 Provide one inspection vehicle (Bolero or equivalent, not older than 3 year) with POL and
driver, at his own cost, for regular inspection by Engineer, of works costing more than
25.00 Cr.

4.1.9 Desktop computer as directed by Engineer-in-charge along with black & white printer
with internet connection. The contractor shall be responsible for maintenance of the
system during contract period.

5.0 The contractor shall submit, within 15 days of signing the agreement, proposed
methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures
proposed to be adopted, including fund flow & cash flow planning & statement, justifying
their capability of execution and completion of the work as per technical specifications
within the stipulated period of completion as per milestones on standard software of
Project Management along with licensed copy of the software.

6.0 The contractor shall not work after the sunset and before sunrise without specific
permission of the authorized Engineer. None of the permanent work shall be carried out
during nights or Sundays or any other holidays without permission in writing of the
Engineer-in-Charge.

7.0 The contractor will display adequate number of Caution Boards/Diversion

Boards/Barricading for proper safety of traffic plying on the road and no extra payment
will be paid to contractor.

8.0 The rates are inclusive of all lead and lifts for complete finished work unless & otherwise
the same is specifically stated in the rates.

9.0 Collection of all material to be used for road work as well as building works shall be
subject to satisfactory test result of quality control before use. If test results not found
satisfactory the material shall be rejected and to be removed by contractor at his own cost.

10.0 All materials shall be stacked at site away from the berms in stack sizes specified in
specifications volume II and shall be collected layer wise, after compacting to collection
of each layers, and getting its properties tested, and certificate from Engineer-in-Charge
shall have to be obtained before commencing spreading.

11.0 The leveled surface of all layers shall be checked continuously during the spreading and
rolling of the mix so as to ensure a finished surface within the tolerances laid down in
MoRTH specifications. Mode of Measurement will be as per levels for the sub base, base
and other courses. The works shall be executed after obtaining layer-wise approval for
various activities involved in construction of new road/improvement works as per circular
A-6(94)BOT/14063-102 Dated 22.08.2017.

12.0 The contractor will procure bitumen required for the execution of work from
authorized/approved refinery at his level and furnish the bitumen testing certificate from
Government agency/Regional laboratory/Engineering College. Bitumen record should
also be furnished by the contractor as per circular No. 7/2001 issued by the Chief Engineer
P.W.D. Rajasthan Jaipur. Testing of bitumen shall be done as per norms, for which
equipment shall be made available at site by contractor in the QC laboratory, to be
established at plant site by contractor at his own cost.

42
 13.0 The Ministry's specifications for Road & Bridge works (Fifth revision 2013 ) will form
part of the contract documents and the contractor will be legally bound to the various
stipulation made their in unless and otherwise specifically relaxed/waived wholly or partly
through a special notification. In case of items not available in the MoRTH specifications
book reference will be made to Rajasthan P.W.D. specifications, circular issued by the
Chief Engineer, P.W.D. Rajasthan, Jaipur and IRC.

14.0 The earth required for the embankment and sub-grade shall be arranged by contractor by
temporary acquisition from nearby area for which no extra payment will be made.

15.0 GST :- The rates quoted by contractor for various items are inclusive of all taxes including
GST. The calculation of GST will be calculated after deduction of GST amount as per PWD
office order No. CE/Section-11/GST/2023-24/D-44 dt. 04-05-2023. Any Liability due to
taxes, GST (Central and State) will have to be borne by contractor. No taxes of any kind shall
be payable separately to contractor.

16.0 Circular No 3/2013, issued by finance department vide no F.1(8) Fin/PWF&R/2011 dated
04.02.2013 regarding implementation of provisions under Rajasthan Transparency in Public
Procurement Act, 2012 shall also be part of the agreement, which is appended with the
document.

17.0 Payment for Cement Concrete pavement work shall be released only after testing of cores
taken from executed work for 7/28 days strength as per norms and after getting desired
strength. Payment of PQC will be made to contractor only after ensuring achievement of
proper quality and desired specified strength, through the cutting of cores by core cutting
machine. If the quality and strength as per acceptance criterion is not achieved, then the work
will not be accepted and payment of such substandard work would not be made to the
contractor. No extra amount on account of providing core cutter testing facility would be
admissible to contractor.

18.0 Only Slip form paver shall be used by contractor for items of paver laid cement concrete
pavement at is own cost, However where land constraint is there, the use of fix form paver
can be allowed under exceptional circumstances with the prior approval of CPM/GM
RSRDC. No extra payment shall be made to the contractor.

19.0 Contractor shall provide reference pillars to establish centre line and level and maintain these
pillars till completion of the work at his own cost.

20.0 Contractor will be responsible and shall make all necessary arrangements / safety measures
for smooth and uninterrupted movement of traffic. Any diversion / bypass, if required for
smooth traffic movement, it will have to be constructed by the contractor at his own cost.
The maintenance of service road & shoulders will be responsibility of the contractor and no
extra payment will be paid to contractor.

21.0 All hidden works shall be got checked necessarily from the Engineer in charge before
covering them for which the contractor shall inform the Engineer-in-charge well in time.

22.0 Steel used for reinforcement shall confirm with relevant IS/MoRTH specification. All the
manufacturers/suppliers shall supply the purchaser or his authorized representative with the
certificate stating the process of manufacture and also the test sheet signed by the
manufacturer giving the result of each mechanical test applicable for each lot of the material
supplied and chemical composition. Sample shall be got tested in the NABL accredited
laboratories only.

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23.0 All service lines i.e. water supply, Sewer, Telephone, Electricity etc. at the site shall have to
be taken care of by the contractor during the execution. Any damage to these lines shall have
to be repaired by the contractor at his own cost.

24.0 Contractor shall abide by the instructions issued by the Engineer In charge & RSRDC
Authorities regarding collection / storage of material at site. The aggregates in general shall
confirm to the specifications specified in MoRTH Specifications for Road & Bridge Works
(Fifth revision) with recent addendum. Collection of material shall be uniform at plant and
work site as per approved design mix and grading. Collection of material shall be uniform
throughout the length of road.

25.0 Skilled man power shall be provided by contractor at site to Assistant Engineer In Charge for
checking of lines, levels and specifications etc. who shall be at the disposal of the E/I. If not
provided by the contractor then same shall be engaged by the corporation on contractor‟s
cost and the payment made shall be recovered from the contractor as per wages act.

26.0 In case of any typing error in Schedule „G‟ the rate of Rajasthan PWD BSR corresponding to
BOQ shall be taken as correct and in case of Non-BSR items the decision of the Engineer-in-
charge will be final and binding.

27.0 Signature on schedule „G‟ submission through digital signature shall be treated as agreement
between the Corporation and the tenderer and would mean enforcement of standard
agreement, terms & conditions applicable in the corporation.

28.0 Electricity and water for construction will be arranged by contractor at his own cost.
29.0 The Bituminous works shall be executed with Batch mix plant and sensor paver for which no
extra payment shall be made to the contractor.

30.0 The Contractor will have to take permission from competent authority for cutting of trees and
shall be disposed off as per the procedure decided by concerned authority for which no extra
payment shall be made.

31.0 The growth of Road side plantation shall be maintained as per prescribed norms and action
shall be taken as per agreement for not maintaining the plants.

32.0 The contractor has to execute cement concrete works with RMC plant at own cost.

33.0 The curing of C.C. Work has to be done in accordance to the IRC-15 and IRC–58. No traffic
shall be allowed during curing period. Traffic diversion will have to be arranged by the
contractor himself at his own cost. Curing compound shall be used for curing of C.C.
Pavement by the contractor at his own cost.

34.0 The Contractor is supposed to submit a suitable mix design for PQC, as per MoRTH
specification. Suitable chemical admixture has to be used by the contractor in PQC. For
construction of C.C. Pavement, the design mix of the controlled concrete shall be got done from
any Govt. Engineering College, PWD Laboratory or any NABL accredited laboratory. The
same shall be submitted to the Engineer In Charge before commencement of the work for
approval.

35.0 Cement Concrete road works are to be executed as per IRC:15 (Standard and code of practice
for construction of concrete roads), IRC:58 (Guidelines for design of plain jointed Rigid

44
 Pavements for Highways) and MoRTH Specifications. The cutting of joint shall be done
immediately and suitable joint sealing compound confirming to IS:1834 shall be applied on the
cleaned joints.

36.0 The contractor shall arrange his own land for the erection of plants storage and parking of
machineries, stacking of material etc.

37.0 Quality control record will be maintained as per I.R.C. Special Publication 11 with appropriate
specific tests being carried out in the PWD or approved laboratory for which the cost will be
borne by the contractor. In case, it is found that the results obtained for the work done are below
the prescribed standards/norms, then the contractor has to remove such defective work at his
own cost, otherwise it shall be got removed by the Engineer-in-Charge at the risk and cost of the
contractor

38.0 The contractor shall have to provide steel channels of adequate section and sufficient in length
to be fixed on the either edges of the road during laying/rolling of mix material at site. The
contractor shall have to necessary traffic sign boards during the progress of work to regulate the
traffic, keeping safety aspects.

39.0 The contractor shall engage unskilled local labour from Rajasthan state preferably of the
district, for the execution of the work.

40.0 Monsoon period is included in completion period of the work.

41.0 The quantities of any item may be increased, decreased, deleted or extra item may be executed
as per site condition and as per instruction of Engineer-In –Charge. Nothing can be claimed
extra for such changes in the item and also in the variation of quantities.

42.0 The contractor has to deliver the following services for which no extra payment shall be made:-

a) Total Station Survey of the site within ROW to prepare L-section, cross section and plan of
the road as per IRC guidelines by taking cross section at an interval of 10 m.. The Contractor
has to get the alignment and grade line approved from the authority by incorporating
improvement in horizontal and vertical alignment, grade line, grade improvement. The
Contractor has to submit the km wise earthwork quantities of cutting, filling and grade
improvement for 4 laning road as per direction of Engineer –In- Charge. The Contractor
should also carryout the survey including numbering of utility services i.e. trees, telephone
line, electric lines, water supply lines within ROW and buildings along the road. The
Contractor should also mark the numbers on trees/electric poles/telephone poles which are
falling in the construction area and submit the km details of girth and species of the trees.
b) Design of flexible and rigid pavement for new construction & for strengthening of existing
road on the basis of data provided by the authority. The design should be submitted after
getting proof checked from IIT‟s/ NIT,s or any other Govt. Engineering College.
c) Design of all road intersections, horizontal and vertical curves shall be provided as per
alignment and grade line approved by competent authority.
d) Marking centre line and chainage on the existing road by fixing half round headed cap nails
having 8 mm diameter and 75 mm length and with road marking paint.
e) P&F Permanent/Temporary bench marks at every 200 m having size of 100X100X450 mm
embedded in M15 grade concrete of size 300X300X200 mm.
f) The contractor has to execute the condition survey of existing CD works and submit the
design CD works as per hydraulic data‟s collected from the site and duly approved by
IIT‟s/NIT‟s and any others Govt. Engineering College.

45
 g) The contractor has to design the drainage system and submit the drainage plan showing the
details of disposal point before execution.
43.0 Recovery of empty cement bags will be done @ Rs. 2.00/- (Rs Two Rupees) per bag from the
running and final bills of the contractor

46
 SECTION 4
CONTRACT DATA
S Cl.
N No.
Items marked ‘N/A’ do not apply in the Contract Data.
1 1.1 Employer
Name : Managing Director
Address : Setu Bhawan, Opposite
JhalanaDoongari, Jaipur-
Agra Bypass, Jaipur-
302004
Name of authorized Representative Project Director, RSRDC
Ltd Unit-I, Jodhpur
2 1.1 The Engineer is : Project Director, RSRDC
Ltd Unit-I, Jodhpur
Name of authorized Representative Project Director, RSRDC
Ltd Unit-I, Jodhpur
3 1.1, 35 a. Defects Liability/ Maintenance Period for Road works a. 5 Year from date of
& 3 of b. Defects Liability Period for Building works comp.
SCC b. 5 Year from date of
Comp.
4 1.1 Start Date the Notice to proceed with the work. 21 days from issue of
LOA
5 1.1, 17 Intended Completion Date for the Whole of the Work 12 months after start of
& 28 work
2.2 & Milestones:
49.
Physical works to be completed Period from the start date
Milestone 1 i.e. 15% of initial contract price 1/4th of completion
period
Milestone 2 i.e. 40% of initial contract price 1/2nd of completion
period
Milestone 3 i.e. 70% of initial contract price 3/4th of completion
period
6 1.1 Location of site Jodhpur
7 1.1 The name and identification number of the Contract As per NIT
8 1.1 The works shall, inter alia, include the following, as
specified or as directed :
(A) Road Works
Site clearance; setting-out and layout; widening of existing
carriageway and strengthening including camber corrections;
construction of new road/ parallel service road; bituminous
pavements remodeling/construction of junctions,
intersections, bus bays, lay byes; supplying and placing of
drainage channels, flumes, guard posts and guard other
related items; construction /extension of cross drainage
works, bridges, approaches and other related stones; road
markings, road signs and kilometer/ hectometer stones;
protective works for roads/ bridges; all aspects of quality
assurance of various components of the works; rectification
of the defects in the completed works during the Defects
Liability Period; submission of „As built‟ drawings and any
other related documents; and other item of work as may be
required to be carried out for completing the works in

47
 accordance with the drawings and provisions of the contract
to ensure safety.
(B) Bridge Works
Site clearance; setting out, provision of foundations, piers
abutments and bearings; prestressed/reinforced cement
concrete superstructure; wearing coat, hand railings,
expansion joints, approach slabs, drainage spouts/ down take
pipes, arrangements for fixing light posts, water mains,
utilities etc; provision of suitably designed protective works;
providing wing/return walls; provision of road markings,
road signs etc.; all aspects of quality assurance; clearing the
site and handing over the works on completion; rectification
of the defects during the Defects Liability Period and
submission of „As-built‟ drawings and other related
documents; and other items of work as may be required to be
carried out for completing the works in accordance with the
drawings and the provisions of the contract and to Insure
safety.
(C) Building Works
Site clearance; setting out, provision of foundations, walls
(stone/ brick masonary); reinforced cement concrete
structures like column, beams etc; roofing, flooring, plaster,
pointing, white/colour wash, wood work, steel work, water
supply and sanitary; clearing the site and handing over the
works on completion; rectification of the defects during the
Defects Liability Period and submission of „As-built‟
drawings and other related documents; and other items of
work as may be required to be carried out for completing the
works in accordance with the drawings and the provisions of
the contract and to Insure safety.
(D) Other Items
1.1 Any other items as required to fulfill all contractual
obligations as per the Bid documents.
9 2.3 The following documents also form part of the Contract: 1 Special Conditions of
Contract
10 3.1 The law which applies to the Contract the law of Union of India
11 3.1 The language of the Contract documents English and Hindi
12 7.1 Limit of subcontracting Only labour contract or
Supply of material.
13 8 The Schedule of Other Contractors
14 9 The Schedule of Key Personnel Two Graduate Civil
Engineer and Four
supervisors with 10 years
experience.
15 13 The minimum insurance cover for physical property, injury Rs.5 lac per occurrence
and death with the number of
occurrences limited to
four
After each occurrence, contractor will pay additional
premium necessary to make insurance valid for four
occurrences always.
16 14 Site investigation report
17 21 The Site Possession Dates
50% length of work site On start date
75% length of work site After 35% Time Period
98% length of work site After 60% Time Period

48
 100% length of work site After 75% Time Period
18 24.1 Competent authority General Manager,
RSRDC
with powers up to 0.5%
of initial contract price.
19 27.1 The period for submission of the programme for approval of 21 days from the issue of
Engineer Letter of Acceptance.

20 27.2 The period between programme updates 60 days

21 27.3 The amount to be withheld for late submission of an updated Rs. 1 lac.
programme
22 44 The following events shall also be Compensation Events

23 The currency of the Contract Indian National Rupee

24 47 The formula (e) for adjustment of prices are: (
R = Value of work as defined in Clause 47.1 of
Conditions of Contract
a Adjustment for cement component
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 (Ci - Co )/Co

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 28 days preceding the date of opening of Bids /
Date of negotiation whichever is later as published
by the Ministry of Industrial Development,
Government of India, New Delhi.
Ci = 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
Pc = Percentage of cement component of the work
b Adjustment for steel component
Price adjustment for increase or decrease in the cost
of steel procured by the Contractor shall be paid in
accordance with the following formula:

Vs = 0.85 x Ps /100 x R x (Si - So )/So

Vs = Increase or decrease in the cost of work during the

month under consideration due to changes in the
rates for steel
So = The all India wholesale price index for steel rebar
on 28 days preceding the date of opening of Bids /
Date of negotiation whichever is later as published
by the Ministry of Industrial Development,
Government of India, New Si = The all
India average wholesale price index for steel rebar
for the month under consideration as published by
Ministry of Industrial Development, New Delhi

49
 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.
c Adjustment of bitumen component
Price adjustment for increase or decrease in the cost
of bitumen shall be paid in accordance with the
following formula:

Vb= 0.85 x Pb/100 x R x (Bi - Bo )/Bo

Vb = Increase or decrease in the cost of work during the

month under consideration due to changes in rates
for bitumen.
B0 = The official retail price of bitumen at the IOC depot
at nearest center on the day 28 days prior to date of
opening of Bids / Date of negotiation whichever is
later.
Bi = The official retail price of bitumen of IOC depot at
nearest center for the 15th day of the month under
consideration.
P b = Percentage of bitumen component of the work
d Adjustment for labour component
Price adjustment for increase or decrease in the cost
due to labour shall be paid in accordance with the
following formula:

VL= 0.85 x P l/100 x R x (Li - Lo )/Lo

V L = increase or decrease in the cost of work during the

month underconsideration due to changes in rates
for local labour.
Lo = the consumer price index for industrial workers for
the State on 28 days preceding the date of opening
[Link] / Date of negotiation whichever is later as
published by Labour Bureau, Ministry of Labour,
Government of India.
Lj = The consumer price index for industrial workers for
the State for the under consideration as published
by Labour Bureau, Ministry of Labour,
Government of India.
Pl = Percentage of labour component of the work.
e Adjustment of POL (fuel and lubricant) component

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/I00 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 day 28 days prior to the date of
opening of Bids / Date of negotiation whichever is

50
 later.
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 oil has been chosen to
represent fuel and lubricants group.
f Adjustment for Plant and Machinery Spares
Component
Price adjustment for increase or decrease in the cost
of plant and machinery spares procured by the
Contractor shall be paid in accordance with the
following formula:
Vp = 0.85 x Pp /100 x R x (Pi – Po )/Po
Vp = Increase or decrease in the cost of work during the
month under consideration due to changes in rates
for plant and machinery spares

Po = The all India wholesale price index for Construction

machinery and spears and parts on 28 days
preceding the date of opening of Bids / Date of
negotiation whichever is later as published by the
Ministry of Industrial Development, Government of
India, New Delhi.

Pi = The all India average wholesale price index for

Construction machinery and spears and parts for the
month under consideration as published by Ministry
of Industrial Development, Government of India,
New Delhi. [Cl.49]
Pp = Percentage of plant and machinery spares
component of the work.

Note: For the application of this clause,

index of Heavy Machinery and Parts has
been chosen to represent the Plant and
Machinery Spares group.

51
 g Adjustment of Other materials Component.

Price adjustment for increase or decrease in cost of

local materials other than cement, steel, bitumen and
POL procured by the contractor shall be paid in
accordance with the following formula: [Cl.49]

Vm = 0.85 x P /100 x R x (Mi – Mo )/Mo [Cl.50]

Vm = Increase or decrease in the cost of work during the

month under consideration due to changes in rates
for local materials other than cement, steel, bitumen
and POL.

Mo = The all India wholesale price index (all

commodities) on 28 days preceding the date of
opening of Bids / Date of negotiation whichever is
later, as published by the Ministry of Industrial
Development, Government of India, New Delhi. [Cl.50]

Mi= The all India wholesale price index (all

commodities) for the month under consideration as
published by Ministry of Industrial Development,
Government of India, New Delhi. [Cl.51 & 52]

Pm = Percentage of local material component (other than

cement, steel, bitumen and POL) of the
work.
The following percentages will govern the price adjustment for the entire contract:

S. Material Percentage*
No. For Road Work* For Bridge Work* For Building Work*
1 Cement - Pc ……….% ……….% -
2 Steel - Ps ……….% ……….% -
3 Bitumen - Pb ……….% ……….% -
4 labour component-Pl ……….% ……….% 28.96%
5 POL (fuel and lubricant) ……….% ……….% 0.57%
component-Pf
6 Plant and Machinery Spares ……….% ……….% 0.57%
Component –Pp
7 Other materials Component-Pm ……….% ……….% 69.90
Total 0.00% 0.00% 100%
* percentage for different materials are to be calculated and mentioned for project specific.

25 48 The proportion of payments retained (retention money) 5% from each bill

26 49 Amount of liquidated damages for delay in completion of
works
For Whole of work 0.05% of the Initial
Contract Price, rounded
off to the nearest
Thousand, per day.
For non-achievement of milestone 0.05% of price as
specified in mile stone,

52
 rounded off to the nearest
thousand per day.
27 49 Maximum limit of liquidated damages for delay in 10 per cent of the Initial
completion of work. Contract Price rounded
off to the nearest
thousand.
28 3 of Applicable payment during maintenance period. Percentage of completion
SCC cost*
1st Year NIL
2nd Year NIL
3rd Year NIL
4th Year NIL
5th Year NIL
6th Year NIL
* the rate is to be specified for specific project i.e road /
bridge/ ROB/ etc
29 52 The Securities shall be for the following minimum amounts Performance Security
equivalent as a percentage of the Contract Price: for 5 percent of contract
price plus additional
performance security in
terms of ITB Clause
29.4

The standard form of Performance Security and Additional

Performance Security acceptable to the Employer shall be
an unconditional Bank Guarantee of the type as in Section 8
of the Bidding Documents.
30 58 The Schedule of Operating and Maintenance Manuals 30 days after actual
completion of work
31 58 The date by which „as-built‟ drawings (in scale as directed) 30 days after actual
in 2 sets are required completion of work
32 58 The amount to be withheld for failing to supply „as built‟ Rs. 5.00 lacs.
drawings by the date required
33 59.2 The events shall also be fundamental breach of contract The Contractor has
contravened clause 7.1
and Clause 9 of GCC.

53
 SECTION 5

TECHNICAL SPECIFICATIONS
A. For Road & Bridge/ROB works:

All the items of work included in the scope of work will be executed as per MoRTH
specifications for road and bridge work (5th revision-2013) and relevant IRC & I.S. Codes and as
per circulars/guide lines issued by the MoRTH from time to time & amended by respective body
time to time till 30 days before opening of tender.

B. For Building works:

All the items of work included in the scope of work will be executed as per relevant PWD & I.S.
Codes and as per circulars/guide lines issued by the PWD/ RSRDC from time to time & amended
by respective body time to time till 30 days before opening of tender.

54
 SECTION 6
FORM OF BID

Description of the Works:- Construction of ..................................................................

BID To :
To
Address :

1 We offer to execute the Works described above and remedy any defects therein in conformity
with the conditions of Contract, specification, drawings, Bill of Quantities and Addenda for the
sum(s) of
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________
2 We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably
possible after the receipt of the Engineer's notice to commence, and to complete the whole of the
Works comprised in the Contract within the time stated in the document.
3 We agree to abide by this Bid for the period of * days from the date fixed for receiving the
same, and it shall remain binding upon us and may by accepted at any time before the expiration of
that period.
4 Unless and until a formal Agreement is prepared and executed this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us.
5 We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this _________________________day of________________________ 20......
Signature ________________________ in the capacity of ______________________
duly authorized to sign bids for and on behalf of

___________________________________________________________________________(in
block capitals or typed)
Address:
__________________________________________________________________________________
__________________________________________________________________________________
_____________________________________________________________
Witness
__________________________________________________________________________________
_______________________________________________________________
___________________________________________________________________________
Address:
__________________________________________________________________________________
____________________________________________________________________
Occupation
___________________________________________________________________________

55
 SECTION 7

BILL OF QUANTITIES
Preamble

1 The Bill of Quantities shall be read in conjunction with the instruction to bidders, conditions of
contract specifications & drawings.
2 For the construction of works, the quantities given in the bill of quantities are estimated, and are
given to provide a common basis for bidding. The basis of payment will be the actual quantities of
work ordered and carried out as measured by the contractor and verified by the Engineer and
valued.
a. All the rates and prices tendered in the bill of quantities in the case of item rate tenders and
b. All percentage rate above and below or at par of the schedule of rates as tendered by the
contractor
3 The rates and prices tendered in the priced bill of quantities shall except in so far as it is otherwise
provided under the contract include all constructional plant, Labour, Supervision, materials,
erections, maintenance, insurance, profit, taxes and duties together with all general risks, liabilities
and obligations set out in the contract.
4 Arithmetic errors will be corrected by the employers pursuant to clause 27 of the instructions of
bidders
5 When percentage rate tenders are invited, the bill of quantities will show in the bidding documents
the rate used for different items. In case of typographical error in the rate given, the rate for the
item of concern BSR specified in schedule G, as amended till the date of bidding, will prevail.

56
 BILL OF QUANTITES
(Schedule „G‟ and „H‟ of the work to be provided)

(Based on Buidling BSR............... of PWD ...... NH circle and Road BSR of

circle PWD.................)

As per separate BOQ

57
 SECTION 8
BID SECURITY (BANK GUARANTEE)

WHEREAS, ______________________________[name of Bidder] (hereinafter called „the Bidder‟)

has submitted his Bid dated____________________[date]for the construction of
__________________________________________________________________________________
__________________________________________________________________________________
________________________________[name of Contract hereinafter called „the Bid‟].

KNOW ALL PEOPLE by these presents that We______________________________[name of Bank]

of [name of country] having our registered office at______________________________
(hereinafter called „the Bank‟) are bound unto______________________________[name of
Employer] (hereinafter called „the Employer‟) in the sum of______________________________* for
which payment well and truly to be made to the said Employer the Bank itself, his successors and
assigns by these presents.

SEALED with the Common Seal of the said Bank this _________day of ______________,
20________________

THE CONDITIONS of this obligation are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in
the Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer during the
period of Bid validity:
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Bidders; or
(c) does not accept the correction of the Bid Price pursuant to Clause 27.
We undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any of the
three conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date
______________________________** days after the deadline for submission of Bids as such
deadline is stated in the Instructions to Bidders or as it may be extended by the Employer‟s
Representative, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of
this guarantee should reach the Bank not later than the above date.
DATE_________________________ SIGNATURE_______________________
WITNESS____________________________ SEAL______________

[Signature, name and address]

* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to Bidders.
** 30 days after the end of the validity period of the Bid. Date should be inserted by the
Employer before the Bidding documents are issued.

58
 PERFORMANCE BANK GUARANTEE

To

___________________________________[name of Employer]
___________________________________ [address of Employer]
___________________________________

WHEREAS___________________________________ [name and address of Contractor] (hereafter

called „the Contractor‟) has undertaken, in pursuance of Contract No. ______________________dated
_______________to execute________________ [name of Contract and brief description of Works]
(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 or of the
Works to be performed there under or of any of the Contract documents which may be made between your and
the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.

This guarantee shall be valid until 60 days from the date of expiry of the Maintenance Period payable at Jaipur.

Signature and Seal of the guarantor ___________________________________

Name of Bank_________________________________________________________
Address_______________________________________________________________
Date___________________________________

*An amount shall be inserted by the Guarantor, representing the percentage the Contract Price specified in the
Contract including additional performance security for unbalanced Bids, if any and denominated in Indian
Rupees.

59
 ADDITIONAL PERFORMANCE BANK GUARANTEE

To

___________________________________ [name of Employer]

___________________________________ [address of Employer]
___________________________________

WHEREAS___________________________________ [name and address of Contractor] (hereafter

called „the Contractor‟) has undertaken, in pursuance of Contract No. ______________________dated
_______________to execute________________ [name of Contract and brief description of Works]
(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 or of the
Works to be performed there under or of any of the Contract documents which may be made between your and
the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.

This guarantee shall be valid until 28 days from the date of expiry of the Maintenance Period payable at Jaipur.

Signature and Seal of the guarantor ___________________________________

Name of Bank_________________________________________________________
Address_______________________________________________________________
Date___________________________________

*An amount shall be inserted by the Guarantor, representing the percentage the Contract Price specified in the
Contract including additional performance security for unbalanced Bids, if any and denominated in Indian
Rupees.

60
 Letter of Acceptance

(Letterhead paper of the Employer)

________________________________________(Date)

To
________________________________________(Name and address of the Contractor)
________________________________________
________________________________________

Dear Sirs,

I am directed to convey you that your Bid dated___________for execution of

the__________________________ (name of the contract and identification number, as given in the
Instructions to Bidders) for the Contract Price of Rupees
_________________(________________________________________) (amount in words and figures), as
corrected and modified in accordance with the Instructions to Bidders) is hereby accepted by the competent
authority.

You are hereby requested to furnish Performance Security for and amount equivalent to Rs. __________ valid
upto60 days from the date of expiry of the maintenance period and additional performance security for
unbalanced Bid as per clause 29.4. of ITB amounting to Rs_______ valid upto 28 days from the issue of
completion certificate, in the form detailed in Para 34.1 of ITB within 15 days of the receipt of this letter of and
to sign the contract, failing which action as stated in Para 34.3 of ITB will be taken.
Date of commencement and completion of the work shall be __________ (21 days from the date of issue of
this letter) & ________ respectively which may please be noted.
Yours faithfully,

Authorized Signature
Name and title of Signatory
Name of Agency
__________________________________________________________________________________
1. Delete „corrected and‟ or „and modified‟ if only one of these actions applies. Delete as corrected and
modified in accordance with the Instructions to Bidders, if corrections or modifications have not been
affected.
2 To be used only if the Contractor disagrees in his Bid with the Adjudicator proposed by the Employer
in the „Instructions to Bidders‟.

61
 Agreement Form

This agreement, made 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 WITNESSETH 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) Notice to proceed with the works;
iii) Contractor's Bid
iv) Condition of Contract: General and Special
v) Contract Data
vi) Additional condition
vii) Drawings
viii) Bill of Quantities and
ix) Any other documents -listed in the Contract Data as forming part of the Contract.
(x) Joint Venture Agreement.

62
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___________________________________