GOVERNMENT OF TELANGANA

PUBLIC HEALTH AND MUNICIPAL ENGINEERING

DEPARTMENT

BID DOCUMENT

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 GOVERNMENT OF TELANGANA
PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT

***

BID DOCUMENT
VOLUME – I

NAME OF WORK : _______________________ Municipality -

_______________________________________________
____________________________________.

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 I N D E X

NO DETAILS Page No Page No

1. NOTICE INVITING THE TENDER (NIT)
2. INSTRUCTIONS TO TENDERERS.
A) General.
B) Tender document
C) Preparation of tenders
D) Submission of tenders
E) Tender opening and evaluation.
F) Award of contract.
3. FORMS OF TENDER QUALIFICATION INFORMATION
 Checklist to accompany the tender
VOLUME – I
 Statements (I to VII)

 Forms of securities

4. CONDITIONS OF CONTRACT.
TENDER
A) General
B) Time for completion.
C) Quality control
D) Cost control
E) Finishing the contract
F) Special conditions.
5. TECHNICAL SPECIFICATIONS VOLUME – II
6. DRAWINGS
7. BILL OF QUANTITIES & PRICE BID VOLUME – III

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 NOTICE INVITING TENDER
(NIT)
GOVERNMENT OF TELANGANA
------------------------------------ DEPARTMENT
***
NOTICE INVITING TENDERS (NIT)
N I T. No: ----------------------------------------------------------, Dated: -----------------------
1) Tenders for the work mentioned below are invited from the Contractors / Contracting firms
/Companies registered with Government of Telangana
----------------------------------------------------------------
----------------------------------------------------------------
----------------------------------------------------------------
a) Name of the work : ------------------ [Considering the Scope of work]

b) Estimate Contract value of work put

: Rs: ______________________
to tender
c) Period of completion of work : __________________ Months
d) Form of contract : LUMPSUM
: 1) [Link]: 94, I&CAD (PW-COD) Dept, Dated: 01-07-
2003. -----( Specify required Class & Category)
2) GO Ms No.130 I & CAD (PW: Reforms) Dept, Dt
22-05-2007.
3) GO Ms No.66 I & CAD (Reforms) Dept,
e) Class of contractor eligible. Dt 20-04-2015.
4) GO Ms No.67 I & CAD (Reforms) Dept,
Dt 20-04-2015.
5) GO Ms No.140 I & CAD (Reforms) Dept,
Dt 26-09-2015.
f) E.M.D. to be paid
throughOnline by utilizing the
Rs: ------------------------
payment gateway service on
e-procurement platform.
OR
Irrevocable BG pledged in
favour of Superintending
:
Engineer (PH),
______________ obtained from
Nationalized Bank / Scheduled
commercial Bank, at 1% of the
estimated contract value of
work

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 g) Date and time for down load of : From (date)Onwards to dateupto (time)
Tender Schedules Online [14 calenderdays clear period shall be indicated];

[14 days for1st call]

[7 days for2nd call]

h) Last date and time for submission of : ---------------------- upto ………………….AM / PM on 15th day
required qualification Documents and after 14 clear days
Price Bid Online.
i) Date and time of opening of tenders :
a) Technical Bids
:
b) Price Bids 15th day ______am/pm

: -------------------------------@ 4.00 p m
: (A minimum of 1 day gap between Technical Bid opening &
Price Bid opening date shall be provided and a maximum of
7days shall be provided)

2)
a) The bidders may contact the Tender Inviting Authority for any information/ clarifications
required to submit their tenders on ‘e’procurement market place.

b) The bidders need to register on the electronic procurement market place of Government of
T.S., that is, [Link] obtaining digital signature certificate. The
bidders may contact TSTS Unit, 4th Floor, BRKR Bhavan, Hyderabad. On registration
of the e- procurement market place they will be provided with a user ID and password
by the system, and only by using the same they can submit their tenders on line.

c) After registering on the e procurement market place, bidders need to scan and upload the
required documents as per the tender requirements.

d) The bidders shall authenticate the tender with theirdigital certificate for submitting the
tender electronically on ‘e’procurement Platform and the tenders not authenticated by
Digital certificate of the bidder will not be accepted on the ‘e’procurement platform

e) The bidder shall mandatorily pay the transaction fee to M/s .TSTS Unit, Hyderabad through
the electronic payment Gateway.

f) The bidders are advised not to wait till the last day of submission of tender to avoid
uploading problem, if any, on the web site.

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3)
i. The bidders who are desirous of participating in e’procurement market place shall submit
their technical bids, price bids etc., online, as prescribed in the NIT and tender documents,
displayed at ‘e’procurement market place. The bidders should upload the scanned copies of
all the relevant and required certificates, documents etc., in the ‘e’procurement market place
in support of their technical bids. The bidders shall sign on all the statements, documents,
certificates, uploaded by them, owning responsibility of the correctness/authenticity.

ii. All the bidders shall invariably upload the scanned copies of BG towards EMD in e-
Procurement system and this will be the primary requirement to consider the bid as
responsive.

iii. The bidders shall furnish a declaration online stating that the soft copies uploaded by
them are genuine. Any incorrectness/deviation noticed will be viewed seriously and
apart from cancelling of the Tender and forfeiting the EMD, criminal action will be
initiated including suspension from business.

iv. If the tender inviting authority request the bidders for the submission of original of uploaded
documents by written (written means communicated in writing and i.e. by e-mail, fax,
Telex) demand in case of necessity during the technical bid evaluation, the same shall be
produced by the bidders with in specified period.

v. The tenders will be opened online in e-procurement platform by the Superintending

Engineer / Executive Engineer ------------------------ or his nominee at his office on the date
and time specified in the NIT. All the statements, documents, certificates, BG etc., uploaded
by the bidders will be down loaded for technical evaluation. The clarifications, particulars if
any required from the bidders will be obtained by addressing the bidders. The technical bids
will be evaluated against the specified parameters/ criteria; same as in the case of
conventional tenders and the technically qualified bidders will be identified. Clarification
will be obtained in respect of uploaded documents only. No other document obtained /
submitted will be taken into consideration in evaluation process.

vi. Competent Authority will carry out the technical bid evaluation solely based on the
Uploaded Certificates / documents, BG towards EMD in the e- procurement System
and open the Price bids of the responsive bidders.

vii. Any objections by the participating bidders on the technical bid evaluation / disqualification
made by the bid inviting authority shall be made within 10days time from the date of
opening of price bids and proper acknowledgement shall be obtained invariably. The
representation / petition received after the specified time and date shall not be entertained.

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viii. The price-bids of such bidders, who are determined to have complied with the eligibility
criteria i.e., qualified in the Technical Bid evaluation will only be opened by the Tender
Inviting Authority --------------------- or his nominee at his office, on the date and time
specified in the NIT.

ix. If the office happens to be closed due to any reason on the dates specified in the NIT, the
respective activity will be performed at the designated time on the next working day without
any notification.

x. The tender inviting authority or an officer designated by him will notify the successful
bidder and inform by Email/ Under certificate of posting at the address indicated in the
tender for submission of original hard copies of all Uploaded documents, BG towards EMD
prior to entering into Agreement within a stipulated time period.

xi. The successful bidder shall invariably furnish the original BG towards EMD, certificates /
documents of the uploaded scanned copies,to the Agreement concluding authority before
entering into agreement either personally or through courier or post within the stipulated
date and shall obtain the receipt of the same, which shall be the responsibility of the
successful bidder. The Department shall not take any responsibility for any delay in
receiptof original BG towards EMD, certificates / documents from the successful bidder
before the stipulated time. On receipt of documents, the Tender inviting authority shall
ensure the verification of genuinity of the BG towards EMD and all other certificates/
documents uploaded by the bidder in e-procurement system in support of the qualification
criteria before concluding the agreement.

xii. If any successful bidder fails to submit the original hard copies of uploaded certificates /
documents, BG towards EMD within the stipulated time or if any variation is noticed
between the uploaded documents and the original hard copies submitted by the bidder, the
successful bidder will be suspended from participating in the tenders on e-Procurement
platform for a period of 3 years. The e- Procurement system would deactivate the user ID
of such defaulting successful bidder based on the trigger / recommendation by the Tender
Inviting Authority in the system. The information to this extent will be displayed in the e-
procurement platform website.

xiii. Subsequent information in support of the documents specifically uploaded by the

bidder shall be sought for submission before finalization of tender, which will be
[Link] the documents submitted by the bidders in the form of hard copy
of the documents which are not uploaded shall not be considered for technical bid
evaluation.

4) Any other details can be had from the Office of the Superintending Engineer / Executive
Engineer --------------- circle, -----------------------, Mobile No.---------, Phone No.------------.

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5. General Requirement.
a) The Civil Contractors having appropriate class of Registration with Government of
Telangana are eligible.

The registration shall be as per the following G.O s

i. [Link]. 94, I & CAD (PW_COD) Dept Dt. 1-7-2003.
ii. [Link].130, I & CAD (PW-Reforms) Dept., Dt.22-05-2007
iii. [Link].174,I& CAD (PW-Reforms)Dept., Dt.01-09-2008.
iv. [Link].66, I&CAD (PW-Reforms) Dept., Dt.20.4.2015.

b) The tenderer should further demonstrate and shall upload necessary certificates.
EMD for an amount of Rs.------------------
In shape of irrevocable Bank Guarantee pledged in favor of the Superintending Engineer (PH),
______________and valid for six months from bid submission closing date as prescribed inthe
standard format issued by any Scheduled / NationalizedBank.
Or
Online by utilizing the payment Gateway Service on E procurement platform. The
Electronic Payment Gateway accepts all Master and Visa Credit cards issued by any
bank and direct debit facility / Net banking / NEFT payments modes through ICICI Bank
and / or Axis Bank Payment Gateways to facilitate the transaction.
c) PAN Card &Latest IT returns
d) GST registration&latest quarterlyGST Returns.
e) Litigation history as per bid document.
f) The bidder shall submit proof of owing Quality Control Lab or having tie-up with
established Quality lab.

6. Physical requirements:

The bidder as a prime contractor should have executed the following minimum
quantities of items given below in any one financial year during the last ten financial
years i.e., from 01.04.2010 to 31.03.2020
Description of item Quantity
i)
ii)

Note:- The bidder should have enclose experience certificates issued by Engineer In
charge of State/Central Government department, undertakings not below the rank of
Executive engineer or equivalent and counter signed by the officer not below the rank
of Superintending Engineer or equivalent.

7. Financial Requirement

a) The bidder should have satisfactorily completed similar nature of works of value not
less than Rs._________ Lakhs as a prime contractor in any one financial year during the
last ten financial years i.e., 2010-11 to 2019-20 updated to 2020-21 price level. To
bring the value of works to 2020-21 pricelevel, a weightage of 10% per year will be
considered.

b) The bidder should produce liquid assets / credit facilities / Solvency certificates from
any Indian Nationalized / Scheduled banks of value not less than Rs_____________
Lakhs.

8. Bid Capacity
The assessed available Bid Capacity of bidders as per formula (3AN-B) shall be
greater than the estimate contract value.

A= Maximum value of civil engineering works executed in its name in any one
financial year during the last Ten years (updated to current Price level i.e.,
2020-21 price level) taking into account the works completed as well as
works in progress.
N= Number of years prescribed for completion of the work for which Tenders are
invited.
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 B= Updated value (at current price level) of existing commitments and ongoing
works to be completed during the period of completion of work for which
Tenders are invited.

Annual Financial turnover and cost of completed/ongoing works of previous years, shall
be updated by giving weight age of 10% per year to bring them to current price level
2020-21 price level.

The Sub Contractors / GPA holders experience shall not be taken into account in
determining the bidder’s compliances with the qualifying criteria as per [Link]. 94,
I& CAD, dt: 01-07-2003.

9. Availability of key and critical equipment

Availability key and critical equipment (either owned or leased) duly giving an
understanding declaration on a non – judicial stamp paper of worth of Rs. 100/- with
sufficient proof of equipment or leased agreement.
Sl Equipment required Qty required
No.
1
2
3
The bidder should furnish an undertaking / declaration on non – judicial stamp paper
worth Rs. 100/- for the Availability of Key and critical equipment (either owned or
leased)

[Link] of key Technical personnel with experience:

The bidder should furnish the availability of the following Key technical personnel
having degree / diploma in Engineering with relevant experience.

S no Type of Technical personnel & Minimum No of persons

Qualification experience
1
2

11. General Terms & Conditions:

(1) The details of Tender conditions and terms can be down loaded from the electronic
procurement platform of Government of Telangana i.e.
[Link] or [Link]
(2) Contractors would be required to register on the e-procurement Market Place
[Link] or [Link] submit their
bids on line. The Department will not accept any bid submitted in the paper form.
(3) The successful bidder shall invariably furnish the original GST Registration Certificate/
latest Quarterly GST Returns,proof of online payment /BG toward EMD and balance EMD
1.5% and certificates/documents of the uploaded scanned copies to the tender inviting
authority before entering into the agreement either personally or through courier or
post and the receipt of the same within the stipulated date shall be the responsibility of
the successful bidder. The Department will not take any responsibility for any delay in
receipt/non-receipt of original proof of on line payment / BG towards EMD,
certificates/documents, from the successful bidder before the stipulated time.

(4) The tenderer to be black listed and the EMD forfeited if he is found to have
misled or furnished false information in the forms / Statements / Certificates
submitted in proof of qualification requirements or record of performance such
as abandoning of work not properly completed in earlier contracts, inordinate
delays in completion of the works, litigation history and / or financial failures.
(5) Even while execution of the work, if found that the contractor had produced
false / fake certificates of experience he will be black listed and the contract will
be terminated.

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(6) Transaction fee: The participating bidders shall pay transaction for @ 0.03%
(plus tax @ 18% towards transaction fee to be paid electronically online
through payment gateway services provided on e-procurement platform.
(7) The successful bidder should pay an amount of Rs. 0.04% of ECV (estimated
contract value) with a cap of Rs.10, 000 (Rupees ten thousand only) for all
works with ECV up to Rs.50 Crores, and Rs.25, 000/- (Rupees twenty five
thousand only) for works with ECV above Rs.50 Crores. DD drawn favour of
Managing Director, TSTS, Hyderabad and the same shall submit to the
Superintending Engineer, ___________________before entering into agreement.
(6) Any further information can be obtained from the office of the Superintending
Engineer, _______________________________.
Note: 1) The date stipulated above is firm and under no circumstances they will be
relaxed unless otherwise extended by an official notification or happen to be
Public Holidays.
2) Any other condition regarding receipt of tenders in conventional method
appearing in the tender documents may please be treated as not applicable.

3) The tender inviting authority reserves the right to accept or reject any tender or all
tenders and to cancel the tendering process, at any time prior to the award of
contract, without thereby incurring any liability to the affected tenderer or
tenderers or any obligation to inform the affected tenderer or tenderers of the
reasons for such action.

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 INSTRUCTIONS TO TENDERERS

A – GENERAL :
NAME OF
WORK:________________________________________________________________________________________
_________________________________________________________________________________

Scope of work:
Give brief description and location of work: CC Roads, CC Drains, Street lighting,
------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------
-------------
List out Principal Components of this work.
A E C V put to tender. Rs. ----------------
B Give breakup of cost of major items covered in the ECV
Rs: ---------------- Lakhs
Rs: --------------- Lakhs
Rs: -------------- Lakhs
Rs. --------------- Lakhs
Rs: -------------- Lakhs
C Period of completion of Work. -------------- Months
D S O R adopted. ------------------------------
E Rate adopted for Cement. Rs:------------------ / MT
Rate adopted for Steel Fe 500 from Primary
Rs:------------------ / MT
Producers (i.e TATA, SAIL, VSP)
Bitumen Ex-Refinery For Emulsion (Bulk) Rs: ------------------/ MT
Bitumen Ex-Refinery For 80 / 100 (Bulk) Rs: ----------------------/ MT
Bitumen Ex-Refinery For 60 / 70 (Bulk) Rs: -----------------/ MT
Other items if any
F Details of provisions included in the Estimate put to tender
0.1% / as applicable from time to
NAC
time
1% / as applicable from time to
LabourCess
time
12% as applicable from time to
GST
time
Others if any As applicable
Contractor profit & Over Head Charges. ------------- (As per the Estimate).
Seigniorage charges including DMF and As per tender condition No.------
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 SMET.
Other (Agency, Municipal, and Industrial) if
---------------
any.

The, (Name of Tender inviting Authority) -----------------invites tenders for the above work vide
N I T. No: --------------------------------------------------------------------------------

a) SoR adopted : Common SoR for the year 2020 – 2021.

b) Rate of OPC Cement adopted : Rs------------/- Per MT
c) Rate of Steel Fe 500/ 500D / 550D Grade of : Rs. -----------/- MT
Primary Producers (i.e TATA, SAIL, VSP, (As per ENC’s Cir. Memo. Dt. ------------)

1.1 The Superintending Engineer / Chief Engineer / Engineer-in-Chief (As specified in NIT) concerned invites
bids for the above work during the period, for which dates and time specified in the NIT and will be opened by
the Superintending Engineer concerned or his nominee at his office on the date and time mentioned in the
NIT.

1.2 The intending bidders would be required to enroll themselves on the ‘e’procurement market place at
[Link].

1.3 The tenders should be in the prescribed form invited on e-procurement by the Municipal
Commissioner/SE/CE/ ENC (As specified in NIT) that can be downloaded at free of cost from the website
[Link].

1.4 The dates stipulated in the tender notice are firm and under any circumstances they will not be relaxed unless
officially extended.

1.5 The Tenderer should upload scanned copies of registration and other documents. Contractor should produce
the originals of all documents for verification if asked for by the Competent Authority.

1.6 The Tender opening Authority will not consider any tender received after expiry of date and time fixed (As
specified in NIT) for receipt of tenders.

1.7 Tenderers shall furnish declaration that they have not been blacklisted in any department in Andhra Pradesh /
Telangana / or in any other state in India. Any wrong declaration in this regard which comes to notice at a
later date will disqualify them and the tenders so received will be rejected.

1.8 Transaction fee The participating bidders shall pay transaction for @ 0.03% (plus tax @ 18% towards
transaction fee to be paid electronically online through payment gateway services provided by ICICI and
HDFC banks using their credit cards.
1.9 Successful bidders shall pay corpus fund to TSTS at 0.04% of ECV (estimated contract value) with a cap of
Rs.10,000/- (Rupees Ten Thousand Only) for all works with ECV upto Rs.50,000/- Crores and Rs.25,000/-
(Rupees Twenty Five Thousand Only)for works with ECV above Rs.50.000 Crores to sustain ‘e’
procurement initiatives, Research and Development of software application for automation for processes is
user departments.
2. Firms Eligible to Tender:
2.1 The Firms who
i) Possess the valid registration in the class and category mentioned in the
NIT and satisfy all the conditions therein.
ii) are not blacklisted or debarred or suspended by the Government for
whatever the reason, prohibiting them not to continue in the contracting
business
iii) have complied with the eligibility criteria specified in the NIT are the eligible
tenderers.

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2.2 Firms Ineligible to Tender:

i) A retired officer of the Govt. of Telangana or Govt. of India executing works is

disqualified from tendering for a period of two years from the date of retirement
without the prior permission of the Government.

ii) The Tenderer who has employed any retired officer as mentioned above shall be
considered as an ineligible tenderer.

iii) The contractor himself or any of his employees is found to be Gazetted Officer who
retired from Government Service and had not obtained permission from the
Government for accepting the contractor’s employment within a period of 2 years
from the date of his retirement.

iv) The Contractor or any of his employees is found at any time after award of contract,
to be such a person who had not obtained the permission of the Government as
aforesaid before submission of the tender or engagement in the Contractor’s
service.

v) Contractor shall not be eligible to tender for works in the division / circle where
any of his near relatives are employed in the rank of Assistant Engineer or Assistant
Executive Engineers and above on the Engineering side and Divisional Accounts
Officer and above on the administrative side. The Contractor shall intimate the
names of persons who are working with him in any capacity or are subsequently
employed. He shall also furnish a list of Gazetted /Non-Gazetted, State
Government Employees related to him. Failure to furnish such information tenderer
is liable to be removed from the list of approved contractors and his contract is
liable for cancellation.

Note: Near relatives include

1. Sons, step sons, daughters, and step daughters.
2. Son-in-law, and daughter-in-law.
3. Brother-in-law, and sister-in-law.
4. Brothers and Sisters.
5. Father and Mother.
6. Wife / Husband.
7. Father-in-law and Mother-in-law
8. Nephews, nieces, uncle and aunts
9. Cousins and
10. Any person residing with or dependent on the contractor.

3. Qualification data of the Tenderers

3.1 The tenderer shall furnish the following particulars in the formats enclosed, supported by
documentary evidence as specified in the formats and upload the same online along with
tender.
a) Check slip to accompany the tender (in Annexure-I).

b) Attested copies of documents relating to the Registration of the firm/company,

Registration as Civil Contractor, Partnership deed, Articles of Association,
GSTRegistration, latest Quarterly GST returns, copy of PAN CARD and copy of
LATEST INCOME TAX RETURNS submitted along with proof of receipt.

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 Note: Deleted

c) Deleted

d) Deleted

e) Deleted

f) Deleted

g) Deleted

h) Details of the existing commitments i.e., works on hand and works for which tenders
are submitted in Statement - IV

i) Availability of Key & critical construction / quality control equipment in Statement - V

j) Availability of key personnel for administration / site management and execution viz.,
technical personnel required for the work (Statement - VI)

k) Information regarding any litigation, with Government during the last Ten years, in
which the Tenderer is involved in (Statement - VII)

l) Availability of working capital for the work [Liquid assets, credit facility and availability of
other financial resources such as solvency etc]

m) The proposed methodology and program of construction, backed with equipment

planning and deployment, duly supported with broad calculations, justifying their
capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones.

n) The particulars of quality control testing Lab owned, OR tie up with established
quality control testing laboratories. OR An undertaking to this effect.

o) Deleted

p) Any other document as per NIT.

3.2 Deleted

3.3 ELIGIBILITY AND QUALIFICATION CRITERIA FOR OPENING OF THE PRICE BID.
(as specified in NIT )

3.4 Even though the tenderers meet the above qualifying criteria, they are liable to be
disqualified / debarred / suspended / blacklisted if they have

 Furnished false / fabricated particulars in the forms, statements and /annexure submitted in
proof of the qualification requirements and/or

 Not turned up for entering into agreement, when called upon.

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  record of poor progress such as abandoning the work, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures etc. and/or

 participated in the previous bidding for the same work and had quoted unreasonably high
tender percentage and

 even while execution of the work, if found that the work was awarded to the Contractor
based on false / fake certificates of experience, the Contractor will be blacklisted and work
will be taken over invoking clause 61 of PS to APSS.
3.5 Tenders with an excess of above 5%of the estimated contract value shall summarily be
rejected.
3.6 For tenders up to 25% less than the estimated contract value of work, no additional
security deposit is required. But for tenders which are less by more than 25% of the
estimated Contract Value of work, the difference between the tendered amount and 75%
of the estimated contract value, shall be paid by the successful tenderer at the time of
concluding agreement as an additional security to fulfill the contract through a Bank
Guarantee or Demand Draft on a Nationalized / Scheduled Bank in the prescribed format
valid till completion of the work in all respects

3.6.1 a) If the percentage quoted by a tenderer is found to be either abnormally high or

withinthe permissible ceiling limits prescribed but under collusion or due to unethical
practices adopted at the time of tendering process, such tenders shall be rejected.

b) A tenderer submitting a Tender which the tender accepting authority considers

excessive and or indicative of insufficient knowledge of current prices or definite
attempt of profiteering will render himself liable to be debarred permanently from
tendering or for such period as the tender accepting authority may decide. The
tenderer overall percentage should be based on the controlled prices for the
materials, if any, fixed by the Government or the reasonable prices permissible for
the tenderer to charge a private purchaser under the provisions of clause-6 of the
hoarding and profiteering prevention ordinance of 1943 as amended from time to
time and on similar principle in regard to labour supervision on the construction.

4. One Tender per Tenderer:

4.1 Each Tenderer shall submit only one Tender for the work. A Tenderer who submits more
than one Tender will cause dis-qualification of all the Tenders submitted by the Tenderer.

5. Cost of Tendering
5.1 The Tenderer shall bear all costs associated with the preparation and submission of his
Tender and the tender inviting authority will in no case be responsible and liable for those
costs.

6. Site Visit.
6.1 The Tenderer, at the Tenderer’s own responsibility and risk is advised to visit and examine
the Site of Work and its surroundings and obtain all information that may be necessary for
preparing the Tender for entering into a contract, for construction of the work. The costs of
visiting the site shall be at the Tenderer’s own expense.

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B. TENDER DOCUMENT
7. Contents of Tender document.
7.1 One set of Tender document, comprises of the following:-

Technical bid
1) Notice Inviting Tenders (NIT)
2) Instruction to Tenderers
3) Forms of Tender and qualification information
4) Conditions of Contract.
5) Specifications.
6) Drawings.
7) Forms of Securities. i.e., EMD, Additional Security etc.
Price bid
Bill of Quantities and Price bid.
8. Clarification on Tender Documents
8.1 A prospective Tenderer requiring any clarification on Tender documents may contact the
Tender Inviting Officer at the address indicated in the NIT. The Tender Inviting Officer will
also respond to any request for clarification, received through post.

9. Amendment to Tender Documents

9.1 The bidder is requested to download the tender document and read all the terms and
conditions mentioned in the tender Document. Any offline bid submission clause in the
tender document shall not be considered.
9.2 Before the last date for submission of Tenders, the Tender Inviting Officer may modify any
of the Contents of the Tender Notice,Tender documents, technical specifications, Bill of
quantities, and drawings etc., by issuing amendment / Addendum on e- procurement
platform.

9.3 The bidder has to keep track of any changes by viewing the addendum/ Corrigendum's
issued by the Tender Inviting Authority on time-to- time basis in the E-Procurement
platform. The Department calling for tenders shall not be responsible for any
claims/problems arising out of this.
9.4 Any addendum/amendments issued by the Tender Inviting Officer shall be part of the
Tender Document and it shall made available on e- procurement platform.
9.5 To give prospective Tenderers reasonable time to take an addendum into account in
preparing their bids, the Tender Inviting Officer may extend, if necessary, the last date for
submission of tenders.

C. PREPARATION OF TENDERS
10. Language of the Tender.
10.1 All documents relating to the tender shall be in the English Language only.

11. Documents comprising of the Tender.

11.1 The tender comprise the following.
(a) Technical Bid, Technical specifications and drawings. [Available online at
[Link] ].
(b) Qualification information and supporting documents [to be uploaded by the
tenderer]. [Available online at [Link] ].

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 (c) Price bid containing bill of quantities (Schedule –A) and the Bid offer.
[ available online at [Link] ].

11.2 The bidders who are desirous of participating in e-procurement shall submit their technical
bids, price bids etc., in the standard proscribed in the tender documents, displayed at e
market place. The bidders should upload the scanned copies of all the relevant certificates,
documents etc., in the e market place in support of their technical bids. The bidders shall
sign on all the statements, documents, certificates, uploaded by him, owning
responsibility for their correctness/authenticity.

The technical bids will be opened on line by the concerned Superintending

Engineer at the time and date as specified in the tender documents. All the statements,
documents, certificates, DD/BG etc., uploaded by the tenderers will be down loaded for
technical evaluation. The clarifications, particulars if any required from the bidders will be
obtained or in the conventional method by addressing the bidders. The technical bids will
be evaluated against the specified parameters/ criteria, same as in the case of
conventional tenders and the technically qualified bidders will be identified. The result of
technical bid evaluation will be displayed on the e market place, which can be seen by all
the bidders who participated in the tenders.

12. Bid Offer:

12.1 Bill of Quantities called Schedule “A” and the bid offer accompanies the tender document
as Volume - III. It shall be explicitly understood that the tender inviting officer does
not accept any responsibility for the correctness or completeness of this schedule
‘A’ and this schedule ‘A’ is liable to alterations by omissions, deductions or
additions at the discretion of the Superintending Engineer or as set forth in the
conditions of the contract. The Schedule “A” shall contain the items of work indicated as
part - I and LS provisions as part–II. The percentage quoted by the contractor shall be
applicable only to part –I. However, the provisions contained in the part –II will be operable
basing on the conditions provided in the tender document. The tenderers will have to state
clearly their willingness to execute the work at certain specific percentage of excess or less
or at par of the ECV indicated in Part - I at the space provided therein in Schedule ‘A’. The
L.S amounts indicated in part - II are reimbursable amounts. The tenderer should however
quote his lump sum tender based on this schedule of quantities. He should quote his offer
as an overall tender percentage. The overall tender percentage should be written both in
words and figures. The bid offers i.e., percentage shall be written both in figures and words
legibly and free from erasures, over writings or corrections of figures. Corrections where
unavoidable should be made by crossing out, and rewriting duly initializing with date.
12.2 The Schedule - A (or price bid) contains not only the quantities but also the rates worked
out by the department and the amount for each item and total value of the estimated
contract. The tenderer should workout his own rates keeping in view the work, site
conditions and quote his overall tender percentage with which he intends to execute the
work.

12.3 The bid offer shall be for the whole work and not for individual items / part of the work.

12.4 All duties, taxes, and other levies payable by the contractor as per State / Central
Government rules, shall be included in the tender percentage quoted by the tenderer,
except for the reimbursable amounts specified in Schedule-A (BOQ) Part - II of price bid.
12.5 The tendered contract amount as computed based on overall tender percentage is subject
to variation during the performance of the Contract in accordance with variation in
quantities etc.

13. Validity of Tenders:

13.1 Tenders shall remain valid for a period of not less than 90 days from the last date for
receipt of Tender specified in NIT.
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13.2 During the above mentioned period no plea by the tenderer for any sort of modification of
the tender based upon or arising out of any alleged misunderstanding of misconceptions or
mistake or for any reason will be entertained.

13.3 In exceptional circumstances, prior to expiry of the original time limit, the Tender Inviting
Officer may request the bidders to extend the period of validity for a specified additional
period. Such request to the Tenderers shall be made in writing. A Tenderer may refuse
the request without forfeiting his E.M.D. A tenderer agreeing to the request will not be
permitted to modify his Tender, but will be required to extend the validity of his E.M.D for a
period of the extension.

14. Earnest Money Deposit

14.1 The Tenderer shall furnish, Earnest Money Deposit equivalent to 1% of ECV along with the
tender. (As specified in NIT)from any Nationalized Bank/Scheduled Bankto be
valid for a period of six months from the bid submission closing dateand
scanned copy of DD and credentials must be uploaded along with the bids.
Failure to upload the scanned copy of DD & credentials, the tender will be
summarily rejected.

The balance EMD @ 1½% of ECV / TCV whichever is higher shall be paid at the time of
concluding Agreement by the successful Tenderer. This EMD can be in the form of :
a) A bank demand draft on any scheduled bank / nationalized bank.
b) A bank guarantee in the form given [under formats of securities] in Section 8,
from a Nationalized or Scheduled Indian bank approved by the Reserve Bank of
India.

14.2 The 1% E.M.D. paid by the successful Tenderer at the time of bid submission through BG
shall be renewed up to end of Defect Liability Period at the time concluding agreement.
Incase if the bidder desires to furnish D.D / Bank Guarantee for the full EMD of 2½% up to
end of Defect Liability Period, the department may permit to do so in case the bidder
furnishes original 1% BG before the authority which shall be discharged on submission of
Full EMD of 2½% up to end of defect liability period.
14.3 The earnest money deposited by the successful tenderer will not carry any interest and it
will be dealt with as provided in the conditions stipulated in the tender. The E.M.D given in
the form of bank guarantee on a nationalized / scheduled commercial bank shall be valid
for the duration of contract period plus defect liability period of two years and in case
any valid extension of contract period is granted, the validity of BG shall also be extended
for the corresponding period. The bank guarantee on nationalized / scheduled bank
furnished by the tenderer towards additional security amount shall be valid till the work is
completed in all respects.

14.4
(a) Once bids are submitted on e- procurement, bidders are not permitted to withdraw
their tender after bid submission closing date and during the validity period of tender
under any circumstances.

(b) If a successful tenderer, fails to sign the agreement within the stipulated time for
whatever the reason, the successful bidder will be suspended from participating in the
tenders on e-procurement platform for a period of 3 years. The e-procurement system
would deactivate the user ID of such defaulting bidder based on the trigger/
recommendation by the tender inviting authority in the system. Besides this the
department shall invoke all processes of law including criminal prosecution of such
defaulting bidder as an act of extreme deterrence to avoid delays in the tender process
for execution of the development schemes takenup by the Government.

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14.5 In consideration of the Executive Engineer/Superintending Engineer / Chief Engineer /
Commissionerate of tenders undertaking to investigate and to take into account each
tender and in consideration of the work thereby involved, all earnest monies deposited by
the tenderer will be forfeited to the Government and bidder will be suspended from
participating in the tenders on e-procurement platform for a period of 3 years in the event
of such tenderer either modifying or withdrawing his tender at his instance within the said
validity period of 90 days.

15. Signing of Tenders

15.1 If the tender is made by an individual, it shall be signed with his full name and his address
shall be given. If it is made by a firm, it shall be signed with the co-partnership name by a
member of the firm, who shall also sign his own name, and the name and address of each
member of the firm shall be given, if the tender is made by a corporation it shall be signed
by a duly authorized officer who shall produce with his tender satisfactory evidence of his
authorization. Such tendering corporation may be required before the contract is executed,
to furnish evidence of its corporate existence. Tenders signed on behalf of G.P.A holder
will be rejected.

15.2 The tender shall contain no alterations or additions, except those to comply with
instructions issued by the tender inviting officer, or as necessary to correct errors made by
the tenderer, in which case all such corrections shall be initialed by the person signing the
tender.

15.3 No alteration which is made by the tenderer in the contract form, the conditions of the
contract, the drawings, specifications or statements / formats or quantities accompanying
the same will be recognized, and, if any such alterations are made the tender will be void.

D. SUBMISSION OF TENDERS.
16. Submission of Tenders:

The bidder shall submit his response through bid submission to the tender on e-Procurement platform at
[Link] by following the procedure given below. The bidder would be required to register
on the e-procurement market place [Link] or [Link] and
submit their bids online. No offline bids shall be entertained by the Tender Inviting Authority.

The bidders shall submit their eligibility and qualification documents, Technical bid, Financial bid etc., in
the standard formats prescribed in the Tender documents, displayed in e-Procurement web site. The
bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their
eligibility criteria/technical bids in the e-Procurement web site. The bidder shall sign on the statements,
documents, certificates, uploaded by him, owning responsibility for their correctness/ authenticity.

1. Registration with e-Procurement platform:

For registration and online bid submission bidders may contact HELP DESK of M/s Vupadhi
Technologies., [Link] or [Link]

2. Digital Certificate authentication:

The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on e-
Procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted
on the e-Procurement platform.

All the bidders need to obtain Digital Certificates from TSTS:

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 For obtaining Digital Signature Certificate, Please Contact:

Telangana Technology Services Limited

HACA Bhavan,
Bsheerbagh,Hyderabad-500022

3. Submission of Hard copies:

The successful bidder on intimation from tender inviting authority shall submit the originals of BG towards
EMD, all uploaded credentials, latest GSTReturns to the Tender Inviting Authority other uploaded
documents at the time of concluding agreement. The department shall not take any responsibility for any
delay or non-receipt. If any of the documents furnished by the bidder is found to be false/fabricated/bogus,
the bidder is liable for black listing, forfeiture of the EMD, cancellation of work and criminal prosecution.

The bidder is requested to get a confirmed acknowledgement from the Tender Inviting Authority as a proof
of Hardcopies submission to avoid any discrepancy. The bidder has to attach the required documents after
uploading the same as required by Tender Inviting Authority in its tender conditions.

4. Deactivation of Bidders:

The bidders found defaulting in submission of hard copies of original BG for EMD /Transaction fee to the
Tender Inviting Authority on or before the tender stipulated time before concluding the agreement will be
suspended / disqualified from participating in tenders on e-Procurement platform for a period of 3 years
from date of bid submission as per G.O Ms No 245 I&CAD Dept. dated 30-12-2005 and GO Ms No 155
I&CAD Dept. dated 23-08-2006 besides forfeiture of EMD. Other conditions as per tender document are
applicable.

5. Payment of Transaction Fee and EMD:

It is mandatory for all the participating bidders to pay electronically the Transaction fee to M/s TSTS /
Vupadhi technologies, through "Payment Gateway Service on E-Procurement platform ". The Electronic
Payment Gateway accepts all Master and Visa cards issued by any bank and Direct Debit facility / Net
Banking to facilitate the transaction. This is in compliance as per G.O Ms No 13 IT & C Dept, dated 5-7-
2006. A service tax+ Bank Charges for Credit Card Transaction on the transaction Amount payable Shall
be applicable.

6. Tender Document:

The bidder is requested to download the tender document and read all the terms and conditions mentioned
in the tender Document and seek clarification if in doubt from the Tender Inviting Authority. Any offline
bid submission clause in the tender document shall not be considered.

The bidder has to keep track of any changes by viewing the addendum / Corrigendum's issued by the
Tender Inviting Authority on time-to- time basis in the E-Procurement platform. The Department calling
for tenders shall not be responsible for any claims/problems arising out of this.

7. Bid Submission Acknowledgement:

The user should complete all the processes and steps required for bid submission. The successful bid
submission can be ascertained once acknowledgement is given by the system through bid submission
number after completing all the process and steps. GOTS and Vupadhi technologiesis not responsible for
incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the
system and are not available for the Tender Inviting Authority for processing.

16.1 The Department will not hold any risk and responsibility for the loss in transit during uploading of the scanned
document, for the invisibility of the scanned document online, and any other problem(s) encountered by the
Tenderers while submitting his bids online.

16.2 The tenderer shall furnish the following certificates, documents etc., are to be scanned and
uploaded on e-procurement including particulars in the formats enclosed, supported by
documentary evidence as specified in the formats and upload the same online along with
tender.

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 a) Check slip to accompany the tender (in Annexure-I).

b) Attested copies of documents relating to the Registration of the firm/company,

Registration as Civil Contractor, Partnership deed, Articles of Association, GST
Registration, Latest Quarterly GST Returns, copy of PAN CARD and copy of LATEST
INCOME TAX RETURNS submitted along with proof of receipt.

Note: Deleted
c) Deleted

d) Deleted

e) Not Applicable

f) Not Applicable
g) Not Applicable

h) Details of the existing commitments i.e., works on hand and works for which tenders
are submitted in Statement - IV

i) Availability of Key & critical construction / quality control equipment in Statement - V

j) Availability of key personnel for administration / site management and execution viz.,
technical personnel required for the work (Statement - VI)

k) Information regarding any litigation, with Government during the last Ten years, in
which the Tenderer is involved in (Statement - VII)

l) Availability of working capital for the work [Liquid assets, credit facility and availability of
other financial resources such as solvency etc]

m) The proposed methodology and program of construction, backed with equipment

planning and deployment, duly supported with broad calculations, justifying their
capability of execution and completion of the work as per technical specifications within
the stipulated period of completion as per milestones.

n) The particulars of quality control testing Lab owned, OR tie up with established quality
control testing laboratories.

o) In case of JV( if specified in NIT ), joint Venture Memorandum of Understanding (MoU)

In statement VIII.

p) Any other document as per NIT.

17. Deleted
18. Last date / time for submission of the tenders.
18.1 Tenders must be submitted online not later than the date and time specified in NIT.
18.2 The tender inviting authority may extend the dates for issue and receipt of Tenders by
issuing an amendment in which case all rights and obligations of the tender inviting
authority and the Tenderers will remain same as previously.

19. Late tenders

19.1 Tenders will not be received after the last date / time prescribed in NIT.

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20. Modification to the tender
20.1 No tender shall be modified after the last date / time of submission of tenders.

E. TENDER OPENING AND EVALUATION

21. Tender opening
21.1 The Technical bids will be opened online by the concerned tender inviting authority at the
time and date as specified in the tender documents. All the Statements, documents,
certificates, Bank Guarantee etc., uploaded by the Tenders will be verified and
downloaded, for technical evaluation. The clarifications, particulars, if any, required from
the bidders, will be obtained either online or in the conventional method by addressing the
bidders. The technical bids will be evaluated against the specified parameters / criteria
same as in the case of conventional tenders and the technically qualified bidders will be
identified. The result of Technical bids evaluation will be displayed on the ‘e’market place,
which can be seen by all the tenderers who participated in the Tenders.
22. Clarification on the technical bid
22.1 The tender opening authority may call upon any tenderer for clarification on the statements,
documentary proof relating to the technical bid. The request for clarification and response
thereto shall be in writing and it shall be only on the qualification information furnished by
the tenderer. The clarification called for from the tenderers shall be furnished within the
stipulated time, which shall not be more than a week.
22.2 The tenderer if so desirous, shall agree in writing to furnish the clarification called for within
the stipulated time and, for disqualification and rejection of his tender in the event of failure
to do so.

23. Examination of technical bids and determination of responsiveness

23.1 The department shall carry out the Technical evaluation solely based on the uploaded
certificates/documents, Online Transaction/BG towards EMD in the e procurement system
and open the price bids of the responsive bidders.
23.2 The department will notify the successful bidder for submission of original hard copies of all
the uploaded certificates/documents, BG towards EMD prior to entering into agreement.
23.3 The successful bidder shall invariably furnish the original BG towards Bid Security/EMD,
certificates/documents of the uploaded scanned copies to the Authority before entering into
agreement either personally or through courier or post and the receipt of the same within
the stipulated date shall be the responsibility of the successful bidder. The Authority will not
take any responsibility for any delay in receipt/non-receipt of original BG towards Bid
Security/EMD, certificates/documents, from the successful bidder before the stipulated
time. On receipt of documents, the Authority shall ensure the genuinity of the BG towards
Bid Security/EMD and all other certificates /documents uploaded by the bidder in e-
Procurement system in support of the qualification criteria before concluding the
agreement.

23.4 If any successful bidder fails to submit the original Hard Copies of uploaded
certificates/Documents, BG towards Bid Security/EMD within stipulated time or if any
variation is noticed between the uploaded documents and the hard copies submitted by the
bidder, the successful bidder will be suspended from participating in the tenders on e-
Procurement platform for a period of 3 years

23.5 The e-Procurement system would deactivate the user ID of such defaulting successful
bidder based on the trigger/recommendation by the Authority in the system. Besides this,
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 the Authority shall invoke all Processes of law including criminal prosecution of such
defaulting bidder as an act of extreme deterrence to avoid delays in the tender process for
execution of the development schemes taken up by the Government. The information to
this extent may be displayed in the e-procurement platform website.

23.6 The Tender inviting Authority will evaluate whether each tenderer is satisfying the eligibility
and qualification criteria prescribed in the tender document and declares them as a
qualified tenderer.

23.7 If the technical bid of a tenderer is not satisfying any of the eligibility and qualification
criteria it will be rejected by the Superintending Engineer. However, in case the tender
accepting authority detects any error in the evaluation of tenders by Superintending
Engineer, the tender accepting authority while returning the tenders may direct the
Superintending Engineer or Chief Engineer as the case may be, to re-evaluate the tenders.
23.8 If any alteration is made by the tenderer in the tender documents, the conditions of the
contract, the drawings, specifications or statements / formats or quantities the tender will
be rejected.
23.9 Tenders shall be evaluated strictly in accordance with the conditions stipulated in the
Tender document. In case of any discrepancy or non-adherence to conditions, the tender
accepting authority shall communicate the same which will be binding both on the tender
opening authority and the tenderer. In case of any ambiguity, the decision taken by the
tender accepting authority on tenders shall be final.

24. Price bid opening

24.1 At the specified date and time, the price bids of all the technically qualified responsive
bidders will be opened online by the concerned tender inviting authority and the result will
be displayed on the ‘e’market place which can be seen by all the bidders who participated
in the Tenders.
24.2 The Price Bid of the Unqualified / non responsive Tenderers will not be opened.

24.3 Tenders shall be scrutinized in accordance with the conditions stipulated in the Tender
document. In case of any discrepancy or non-adherence to conditions the tender accepting
authority shall communicate the same which will be binding both on the tender opening
authority and the tenderer. In case of any ambiguity, the decision taken by the tender
accepting authority on tenders shall be final.

25. Evaluation and comparison of price bids

25.1 The tender inviting authority will evaluate and compare the price bids of all the qualified
tenderers.

25.2 Negotiations at any level are strictly prohibited. However, good gesture rebate, if offered
voluntarily by the lowest tenderer prior to finalization of tenders may be accepted by the
tender accepting authority.
25.3 Selection of tenderer among the lowest and equally quoted tenderers will be in the
following orders:
a) The tenderer whose bid capacity is higher will be selected.
b) In case the bid capacity is also same the tenderer whose annual turnover is more
will be preferred.
c) Even if the criteria incidentally become the same, the turnover on similar works and
thereafter machinery available for the work and then the clean track record will be
considered for selection.

26. Discrepancy in tender percentage quoted.

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26.1 In case of any discrepancy between the overall tender percentage quoted in words and
figures, the percentage quoted in words shall prevail.

27. Process to be confidential

27.1 Information relating to the examination, clarification, evaluation and comparison of tenders
and recommendations for the award of a contract shall not be disclosed to tenderers or any
other persons not officially concerned with such process until the award to the successful
tenderer has been announced by the tender accepting authority. Any effort by a tenderer
to influence the processing of tenders or award decisions may result in the rejection of his
tender.

27.2 No Tenderer shall contact the Tender inviting Authority or any authority concerned with
finalization of tenders on any matter relating to its Tender from the time of the Tender
opening to the time the Contract is awarded. If the Tenderer wishes to bring additional
information to the notice of the Tender inviting Authority, it should do so in writing.

27.3 Before recommending / accepting the tender, the tender recommending / accepting
authority shall verify the correctness of certificates submitted to meet the eligibility criteria
and specifically experience. The authenticated agreements of previous works executed by
the lowest tenderer shall be called for.

F. AWARD OF CONTRACT
28. Award Criteria
28.1 The tender Inviting Authority will award or recommend to the competent tender accepting
authority for award of the contract to the tenderer who is found technically qualified and
responsive as per the tender conditions and whose price bid is lowest.

28.2 The tender accepting authority reserves the right to accept or reject any tender or all
tenders and to cancel the tendering process, at any time prior to the award of contract,
without thereby incurring any liability to the affected tenderer or tenderers or any obligation
to inform the affected tenderer or tenderers of the reasons for such action.

29. Notification of award and signing of agreement

29.1 The Tenderer whose Tender has been accepted will be notified of the award of the work by
the tender accepting authority, prior to expiration of the Tender validity period by registered
letter. This letter (hereinafter and in the Conditions of Contract called “Letter of
Acceptance”) will indicate the sum that the Government will pay the Contractor in
consideration of the execution, completion of the Works by the Contractor as prescribed by
the Contract (hereinafter and in the Contract called the “Contract Amount”).

29.2 When a tender is to be accepted the concerned tenderer shall attend the office of the
tender inviting authority concerned on the date fixed in the Letter of acceptance. Upon
intimation being given by the tender inviting authority, of acceptance of his tender, the
tenderers shall make payment of the balance E.M.D., and additional security deposit
wherever needed by way of Demand Draft or unconditional and irrevocable Bank
Guarantee obtained from a Nationalized / scheduled Bank with therequired validity period ,
and sign an agreement in the form prescribed by the department for the due fulfillment of
the contract. Failure to attend the tender inviting authority’s office on the date fixed,
in the written intimation, to enter into the required agreement ,the successful bidder will be
suspended from participating in the tenders on e-procurement platform for a period of 3
years. The e-procurement system would deactivate the user ID of such defaulting bidder
based on the trigger/ recommendation by the tender inviting authority in the system.
Besides this the department shall invoke all processes of law including criminal prosecution
of such defaulting bidder as an act of extreme deterrence to avoid delays in the tender
process for execution of the development schemes takenup by the Government.
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 The written agreement to be entered into between the contractor and the Government shall
be the foundation of the rights and obligations of both the parties and the contract shall not
be deemed to be complete until the agreement has first been signed by the contractor and
then by the proper officer authorized to enter into contract on behalf of the Government.

29.3 The successful tenderer has to sign an agreement within a period of 15 days from the
date of receipt of communication of acceptance of his tender. On failure to do so his
tender will be cancelled., without issuing any further notice and action will be initiated for
debarring the tenderer from participating in tenders for a period of 12 months.

30. Corrupt or fraudulent practices

30.1 The Government require that the bidders / suppliers / contractors under Government
financed contracts, observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the Government

(a) define for the purposes of the provision, the terms set forth below as follows:
(i) “corrupt practices” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a Government official in procurement process or in
contract execution: and
(ii) “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
Government and includes collusive practice among Tenderers (prior to or after
Tender submission) designed to establish in Tender prices at artificial non-
competitive levels and to deprive the Government of the benefits of free and open
competition.
(b) Will reject a proposal for award if it determines that the tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question.
(c) Will blacklist / or debar a firm, either indefinitely or for a stated period of time, if at any
time determines that the firm has engaged in corrupt or fraudulent practices in
competing for, or in executing a Government contract.
(d) Furthermore, tenderers shall be aware of the provisions stated in the General
conditions of contract.

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 FORMS OF TENDER
QUALIFICATION INFORMATION

Annexure –I
CHECKLIST TO ACOMPANY THE TENDER
Sl.N Description Uploaded Page No.
o (see Note
below)
1 2 3 4
a Copy of Contractors valid Registration under appropriate Class with
Yes / No
Government of Telangana.
b Copy of BG towards EMD YES/ No
2 The bidders shall furnish their copy of permanent Account Number (PAN) Card
and copy of Latest Income tax returns submitted along with proof of receipt. Yes / No
3 Copy of GST Registration along with latest Quarterly GST
Yes/No
Returns
4 Details of value of ------------Engineering works executed in the last 10
Yes / No
financial years by the Bidder in Statement-I with supporting certificates.
5 Details of similar works completed (not less than 90% of contract value) by the
bidder during the last ten financial Years in Statement-II with supporting Yes / No
certificates.
6 Quantities of work executed by the Bidder in the last 10 financial years - in
Statement – III with supporting certificates. Yes / No
7 Details of existing commitments of the bidder i.e., works on hand in Statement-
IV-A with Supporting Certificates and also details of tenders submitted in Yes / No
Statement -IV-(B)
8 Availability of critical equipment with the bidder in Statement –V. Yes / No
9 Availability of Key personnel with the bidder in [Link]. Yes / No
10 Litigation history of the bidder in Statement –VII. Yes / No
11 Proof of liquid assets as per Annexure –I(B) / I(A) Yes / No
12 List of other certificates enclosed, if any. Yes / No

Signature of the bidder

Notes:-

1. All the statements copies of the certificates, documents etc., enclosed to the Technical
bid shall be given page numbers on the right corner of each certificate, which will be
indicated in column (4) aboveagainst each item. The statements furnished shall be in
the formats appended to the tender document.

2. The information shall be filled-in by the Bidder in the checklist and statements- I to
VII, shall be uploaded along with to the Technical bid for the purposes of verification
as well as evaluation of the bidder’s Compliance to the qualification criteria as
provided in the Tender document.

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 DECLARATION

I / WE _______________________ have gone through carefully all the Tender conditions and
solemnly declare that I / we will abide by any penal action such as disqualification or black listing
or determination of contract or any other action deemed fit, taken by, the Department against us, if
it is found that the statements, documents, certificates produced by us are false / fabricated.
I / WE hereby declare that, I / WE have not been blacklisted / debarred / Suspended / demoted in
any department in Telangana or in any State in India due to any reasons.

Signature of the Tenderer

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 STATEMENT – I

Details of value of Civil Engineering works executed in each year during the last ten
financial years by the Bidder.

Sl. No. Financial Year Value in Rs.

1
2
3
4
5
6
7
8
9
10

a) Attach certificate(s) issued by the Executive Engineer (s) concerned and counter signed by
Superintending Engineer (s) or Equivalent Rank officer (s) showing work wise / year wise
value of work done in respect of all the works executed by the Bidder during last ten financial
years.

OR

b) Certificate from Chartered Accountant financial year wise towards Civil Engineering works
executed,supported with P&L Account.

Signature of the Bidder

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 STATEMENT – II
Details of similar works completed in the Name of the Bidder during the last ten financial years.
Stipulat
ed
Address of
Name of Agreement Value of period Actual date of
Sl. No Tendering inviting
the work No. & dated. Contract of completion
Authority
complet
ion
1 2 3 4 5 6 7

Total value
Value of work done year wise during the last ‘ten’ financial years. of work
1st 3rd 4th 5th 8th 9th 10th done.
2nd Year 6th Year 7th Year
Year Year Year Year Year Year Year
8 9 10 11 12 13 14 15 16 17 18

Attach certificates issued by the Executive Engineer (s) concerned and countersigned by the Superintending
Engineer (s) or Equivalent Rank officer (s)

Signature of the Bidder

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 STATEMENT – III

Physical quantities executed by the Bidder in the last ten financial years. [Work wise / year wise].
Name Quantities executed / Year wise.
Sl. Financial Agt.N
of Any other items.
No. Year o
work

1 2 3 4 5 6 7 8 9 10

10

Attach certificates in support of the above quantities issued by the Executive Engineer(s)
concerned and countersigned by the Superintending Engineer(s) or Equivalent Rank officer(s) duly
showing the quantities executed year wise.

The bidders participating in the bid for the work, costing upto Rs. 10 Crore need not
submit this particulars /statement for local entrepreneurs.

Signature of the Bidder

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 STATEMENT – IV
Details of Existing Commitments.
Details of works on hand and yet to be completed as on the date of submission of the
Tender and works for which Tenders have been submitted are to be furnished.

A) Existing Commitments on ongoing works:

Address
Stipul-
of Updated
Value ated Value Balance
Tenderi Anticipated value of
Name Agt. No. of period of work Value of
Sl. ng date of balance work
of work & Date cont- of done works to be
No inviting completion with current
ract comp- so far. completed
Authorit price level
letion
y
1 2 3 4 5 6 7 8 9 10

Attach certificates issued by the Executive Engineer(s) concerned and countersigned by

Superintending Engineer (s) or Equivalent Rank officer (s) indicating the balance work to be done,
and likely period of completion or RA bills signed by EE's / payment made by PAO’s / Presented to
PAO’s

Signature of the Bidder

B) Details of works for which Tenders are submitted / likely to be awarded

Address of Stipulated
Estima-ted Date on which
Name of Tendering period of Present stage of
Sl. No. value of tender was
work inviting comple- Tender.
work submitted
Authority tion
1 2 3 4 5 6 7

Signature of the Bidder

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 STATEMENT - V

Availability of Critical Equipment

The Bidder should furnish the information required below, regarding the availability of the
equipment’s, required for construction / quality control.

Number

Owned Leased
Sl. Details of Number (Latest Certificate issued by E.E (lease deed for the work
No. Equipment required /Invoices/ tendered and proof of owning
registration certificate should be machinery of lessee should be
enclosed) enclosed)
1 2 3 4 5

Signature of the Bidder

The Bidders has to submit either a certificate issued by the Executive Engineer (or) a Declaration on non
judicial stamp paper worth Rs 100/- as prescribed in statement-V given above along with sufficient proof of document
in support of owning such as Invoice / Certificate of Registration by competent authority in support of the critical
equipment.

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 STATEMENT – VI.
Availability of Key Personnel
Qualification and experience of Key Personnel proposed to be deployed for execution of the
Contract.

Total Working with the Bidder

Sl. No Name Designation Qualification
Experience since.
1 2 3 4 5 6

Attach qualification certificates along with consent letters of Key personnel to work with the bidder. Key personnel
already employed in other ongoing works of the bidder and working in other firms/ companies shall not be considered

Signature of the Bidder

STATEMENT - VII

Information on litigation history in which Bidder is the Petitioner.

S. Case No. / Court where Subject Matter / Respondents i.e.,
Present Stage.
No Year filed. Prayer in the case. SE / CE
1 2 3 4 5 6

Signature of the Bidder

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 CONDITIONS OF CONTRACT
TENDER
Covering Letter
[To be submitted/ uploaded along with Tender ]

Date: ……………
To
The Superintending Engineer (PH),
______________________,
_________________

Sir,

I / We do hereby tender and if this tender be accepted, under take to execute the following work
viz“_______________________ Municipality -
________________________________________________________________________________
___.”.as shown in the drawings and described in the specifications deposited in the office of the
Superintending Engineer (PH), __________________with such variations by way of alterations or additions
to, and omissions from the said works and method of payment as provided for in the “conditions of the
contract” for the sum of Rupees ………………………………………………………. or such other sum as may
be arrived under the clause of the standard preliminary specifications relating to “Payment on lump-sum
basis or by final measurement at unit rates”

I/WE have also quoted percentage excess or less on E.C.V., in Schedule ‘A’ Part-I,
annexed (in words and figures) for which I/We agree to execute the work when the
lumpsum payment under the terms of the agreement is varied by payment on
measurement quantities.

I/WE have quoted Percentage excess or less on E.C.V., in Schedule ‘A’ Part – I both in
words & figures. In case of any discrepancy between the Percentage excess or less on
E.C.V., in words and figures, the rates quoted words only shall prevail.

I/WE agreed to keep the offer in this tender valid a period of 90 days mentioned in the
tender notice and not to modify the whole or any part of it for any reason within above
period. I/WE agreed to not to withdraw the tender after bid submission closing date. If the
tender is withdrawn by me/us for any reasons whatsoever, we agree for the action taken by
the Govt to suspend from participating in the tenders on e-procurement for a period of 3
years.
I/WE hereby distinctly and expressly, declare and acknowledge that, before the submission
of my/our tender I/We have carefully followed the instructions in the tender notice and have
read the A.P.S.S. and the preliminary specifications therein and the A.P.S.S. addenda
volume and that I/We have made such examination of the contract documents and the
plans, specifications and quantities and of the location where the said work is to be done,
and such investigation of the work required to be done, and in regard to the material
required to be furnished as to enable me/us to thoroughly understand the intention of same
and the requirements, covenants, agreements, stipulations and restrictions contained in the
contract, and in the said plans and specifications and distinctly agree that I/We will not
hereafter make any claim or demand upon the Government based upon or arising out of
any alleged misunderstanding or misconception /or mistake on my/or our part of the said
requirement, covenants, agreements, stipulations, restrictions and conditions.

I / WE enclosed to my/our application for tender schedule a crossed demand draft

(No…………………………………………………………………………..dated:
…………………..) for Rs: ……………………………………………..as earnest money not to
bear interest.

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In case if it becomes necessary while tendering /during execution, for subletting a part of
work,such subletting shall be with the permission of the department.

If my/our tender is accepted the earnest money shall be retained by the Government as
security for the due fulfillment of this contract. If upon written intimation to me/us by the
tender inviting authority, if I/We fail to attend the said office on the date herein fixed or if
upon intimation being given to me/us by the Superintending /Executive Engineer or
acceptance of my/our tender, and if I/We fail to make the balance EMD and if any
additional security deposit or to enter into the required agreement as specified in the
tender,then I/We agree for the action taken by the Govt. to suspend from participating in
the tenders on e-procurement for a period of 3 years and other actions such as all process
of law including criminal prosecution.

Any notice required to be served on me/us here under shall be sufficiently served on
me/us if delivered to me/us hereunder shall be sufficiently served on me/us if delivered to
me/us personally or forwarded to me/us by post to (registered or ordinary) or left at my/our
address given herein. Such notice shall if sent by post be deemed to have been served on
me/us at the time when in due course of post it would be delivered at the address to which
it is sent.

I/WE fully understand that the written agreement to be entered into between me/us and
Government shall be the foundation of the rights of the both the parties and the contract
shall not be deemed to be complete until the agreement has first been signed by me/us
and then by the proper officer authorized to enter into contract on behalf of Government.

I/ We agree to paytransaction fee on e-procurement and upload the same to tender inviting
authority.

I/ We agree to pay corpus fund at the time of conclusion of agreement if work is awarded to
me/us.

I AM/WE ARE professionally qualified and my/our qualifications are given below:

Qualification
Name

I/WE will employ the following technical staff for supervising the work and will see that one
of them is always at site during working hours, personally checking all items of works and
paint extra attention to such works as required special attention (eg) Reinforced concrete
work.

Name of members of technical staff proposed to be

Qualification.
employed

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 I / WE declare that I / WE agree to recover the salaries of the technical staff actually
engaged on the work by the department, from the work bills, if I / We fail to employ
technical staff as per the tender condition.

TENDERERS / CONTRACTOR’S CERTIFICATE.

(1) I/WE hereby declare that I/We have perused in detail and examined closely the Andhra
Pradesh Standard Specifications, all clauses of the preliminary specifications with all
amendments and have either examined all the standards specifications or will examine all
the standard specifications for items for which I/We tender, before I/We submit such tender
and agree to be bound and comply with all such specifications for this agreement which
I/We execute in the Public Health & Municipal Engineering Department.

(2) I/WE certify that I/We have inspected the site of the work before quoting my Percentage
excess or less on ECV, I /We have satisfied about the quality, availability and transport
facilities for stones sand and other materials.

(3) I / WE am/are prepared to furnish detailed data in support of all my quoted rates, if and
when called upon to do so without any reservations.

(4) I / WE hereby declare that I / We will pay an additional security deposit in terms of
conditions, the difference between 75% of ECV and my/our tender amount, in case if
my/our offer is less than (-)25%.

(5) I / WE hereby declare that I am / we are accepting to reject my tender in terms of condition,
if my /our offer is more than 5% of ECV.

(6) I / WE hereby declare that I am / We are accepting for the defect liability period as 24
months.

(7) a) I / WE declare that I/WE will procure the required construction materials including earth
and use for the work after approval of the Engineer-in-Charge. The responsibility for
arranging and obtaining the land for borrowing or exploitation in any other way shall
rest with me/us for the materials for construction, I/WE shall ensure smooth and un-
interrupted supply of materials.

B) I / WE declare that the responsibility for arranging and obtaining the land for disposal of
spoil/soil not useful for construction purposes shall rest with me/us.

C) I / WE declare that I / WE shall not claim any compensation or any payment for the land
so arranged for disposal of soil and the land for borrow area. My/our quoted
percentage excess or less ECV., are inclusive of the land so arranged and I/We will
hand over the land so arranged for disposal of soil to; the department after completion
of work.

D) I / WE declare that I / WE will not claim any extra amount towards any material used for
the work other than the quoted rates for respective schedule ‘A’ items.

(8) I / WE declare that I / WE will execute the work as per the mile stone programme, and if I /
WE fail to complete the work as per the mile stone programme I abide by the condition to
recover liquidated damages as per the tender conditions.

(9) I / WE declare that I / WE will abide for settlement of disputes as per the tender conditions.

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DECLARATION OF THE TENDERER.

1) I/WE have not been black listed in any department in Telangana or in any other state in
India due to any reason.
2) I/WE have not been demoted to the next lower category for not filing the tenders after
buying the tender schedules in a whole year and my/our registration has not been
cancelled for a similar default in two consecutive years.

I/WE agree to disqualify me/us for any wrong declaration in respect of the above and to summarily
reject my/our tender.

Address of the Tenderer :

Phone No.: Fax No.:

CONTRACTOR.

Note: If the tender is made by an individual, it shall be signed with his full name and his address shall be
given. If it is made by a firm, it shall be signed with the co-partnership name by a member of the firm,
who shall also sign his own name, and the name and address of each member of the firm shall be given,
if the tender is made by a company it shall be signed by a duly authorized officer who shall produce
with his tender satisfactory evidence of his authorization. Such tendering corporation may be required
before the contract is executed, to furnish evidence of its corporate existence. Tenders signed on behalf
of G.P.A. holder will be rejected.

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 CONDITIONS OF CONTRACT
A. GENERAL
1. Interpretation:
1.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female, and vice-versa. Headings have no significance. Works have their normal meaning
under the language of the contract unless specifically defined. The Engineers-in-charge will
provide instructions clarifying queries about the conditions of Contract.

1.2 The documents forming the Contract shall be interpreted in the following order of priority:
1) Agreement
2) Letter of Acceptance, notice to proceed with the works
3) Contractor’s Tender (Technical bid)
4) Conditions of contract
5) Specifications
6) Drawings
7) Bill of quantities (Price-bid)
8) Any other document listed as forming part of the Contract.

2. Engineer-in-Charge’s Decisions:
2.1 Except where otherwise specifically stated, the Engineer-in-charge will decide the
contractual matters between the Department and the Contractor in the role representing
the Department.

3. Delegation:
3.1 The Engineer-in-charge may delegate any of his duties and responsibilities to other officers
and may Cancel any delegation by an official order issued.

4. Communications:
4.1 Communications between parties, which are referred to in the conditions, are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian
Contract Act)

5. Sub-contracting:
5.1 If the prime contractor desires to sub-let a part of the work, he should submit the same at the time of filing
tenders itself or during execution, giving the name of the proposed Sub-contractor, along with details of his
qualification and experience. The Tender Accepting Authority should verify the experience of the Sub-
contractor and if the Sub-contractor satisfies the qualification criteria in proportion to the value of work
proposed to be sub-let, he may permit the same. The total value of works to be awarded on sub-letting shall
not exceed 45% of contract value. The extent of subletting shall be added to the experience of the sub-
contractor and to that extent deducted from that of the main contractor. It is the responsibility of the main
contractor to clear the liabilities if any that arise on the portion of the work executed by the sub contractor till
the end of the defect liability period of the work.

6. Other Contractors:
6.1 The Contractor shall cooperate and share the Site with other contractors, Public
authorities, utilities, and the Department. The Contractor shall also provide facilities and
services for them as directed by the Engineer-in-charge.

7. Personnel:
7.1 The Contractor shall employ the required Key Personnel named in the Schedule of Key
Personnel to carry out the functions stated in the Schedule or other personnel approved by
the Engineer-in-charge. The Engineer-in-charge will approve any proposed replacement of
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 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.

7.2 In case of failure to employ the required technical personnel by the contractor, the
necessary amounts will be recovered from the contractors bills.

7.3 The technical personnel should be on full time basis and be available at site whenever
required by Engineer in Charge to take instructions.

7.4 The names of the technical personnel to be employed by the contractor should be
furnished in the statement enclosed separately.

7.5 In case the contractor is already having more than one work on hand and has undertaken
more than one work at the same time, he should employ separate technical personnel on
each work.

7.6 If the contractor fails to employ technical personnel the work will be suspended or
department will engage a technical personnel and recover the cost thereof from the
contractor.

7.7 If the Engineer-in-charge asks the Contractor to remove a person who is a member of
Contractor’s staff or his work force stating the reasons the Contractor shall ensure that the
person leaves the site forthwith and has no further connection with the work in the contract.

8. Contractor’s Risks:
8.1 All risks of loss of or damage to physical property and of personnel injury and death, which
arise during and in consequence of the performance of the Contract are the responsibility
of the Contractor.

[Link] Compensation: It shall be the contractor’s sole responsibility to protect the public and all his
employees(Skilled, Semi-skilled and Unskilled) against accident from a cause and he shall indemnify the government
against any claim for damages or injury to person or property, resulting, from any such accidents and shall where the
provision of the workmen’s compensation Act apply, take steps to properly insure against any claims there under at his
own cost and the bidder shall obtain appropriate insurance policy towards this.

The Contractor shall provide, insurance covering for Personal injury or death of persons employed for
construction from the Start Date to the end of the construction Period

10. Site Inspections:

10.1
The contractor should inspect the site and also proposed quarries of choice for materials
source of water and quote his percentage including quarrying, conveyance and all other
charges etc.

10.2 The responsibility for arranging the land for borrow area rests with the Contractor and no
separate payment will be made for procurement or otherwise. The contractor’s quoted
percentage will be inclusive of land cost.

11. Contractor to Construct the Works:

11.1 The Contractor shall construct and Commission the Work in accordance with the
specifications and Drawings.

12 Diversion of streams / Vagus / Drains.

12.1 The contractor shall at all times carry out construction of cross drainage works in a
manner creating least interference to the natural flow of water while consistent with the
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 satisfactory execution of work. A temporary diversion shall be formed by the
contractor at his cost where necessary. No extra payment shall be made for this work.

12.2 Deleted.

12.3 The work of diversion arrangements should be carefully planned and prepared by
the contractor and forwarded to the Executive Engineer technically substantiating the
proposals and approval of the Executive Engineer obtained for execution.

12.4 Deleted

12.5 All the arrangements so required should be carried out and maintained at the cost
of the contractor and no separate or additional payments is admissible.

12.6 Coffer Dams.

Necessary coffer dams and ring bunds have to be constructed at the cost of contractor and
same are to be removed after the completion of the work. The contractor has to quote his
percentage keeping the above in view.

13 Power Supply.
13.1 The contractor shall make his own arrangements for obtaining power from the
Electricity dept., at his own cost. The contractor will pay the bills of Electricity
Department for the cost of power consumed by him.
13.2 The contractor shall satisfy all the conditions and rules required as per Indian
Electricity Act 1910 and under Rule-45(I) of the Indian Electricity Rules, 1956 as
amended from time to time and other pertinent rules.

13.3 The power shall be used for bonafide Departmental work only.

14 Temporary Diversions (Works on Highways)

14.1 The contractor shall at all times carryout work on the highway in a manner creating
least interference to the flow of traffic while consistent with the satisfactory execution of
the same.

14.2 If in the opinion of the Engineer-in-Charge, it is not possible to pass the traffic on
part width of the carriage-way for any reason, a temporary diversion close to the
highway shall be constructed as directed. It shall be paved with the materials such as
hard morum, gravel and stone, metal to the specified thickness as directed by the
Engineer-in-Charge. In all cases, the alignment, gradients and surface type of the
diversion including its junctions, shall be approved by the Engineer-in-charge before
the highway is closed to traffic.

14.3 Deleted .

14.4 Deleted

15 Ramps:
Ramps required during execution may be formed wherever necessary and same are to be
removed after completion of the work. No separate payment will be made for this purpose.

16 Monsoon Damages:
Damages due to rain or flood either in cutting or in banks shall have to be made good by
the contractor till the work is handed over to the Department. The responsibility of de-
silting and making good the damages due to rain or flood rests with the contractor. No
extra payment is payable for such operations and the contractor shall therefore, have to
take all necessary precautions to protect the work done during the construction period.

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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-in-Charge, and complete the work by the
Intended Completion Date.
18 Safety:
18.1 The Contractor shall be responsible for the safety of all activities on the Site.

19 Discoveries:
19.1 Anything of historical or other interest or of significant value unexpectedly
discovered on the Site is the property of the Government. The Contractor is to notify
the Engineer-in-charge of such discoveries and carry out the Engineer-in-Charge’s
instructions for dealing with them.

20 Possession of the Site.

20.1 The Department shall give possession of the site to the Contractor. If possession of
a part site is given, the Department will ensure that the part site so handed over is
amenable to carry out the work at site by the Contractor.

21 Access to the Site:

21.1 The Contractor shall provide the Engineer-in-Charge and any person authorized by
the Engineer-in-Charge, access to the site and to any place where work in connection
with the Contract is being carried out or is intended to be carried out.

22 Instructions:
22.1 The Contractor shall carry out all instructions of the Engineer-in-charge and comply
with all the applicable local laws where the Site is located.

23 Settlement of disputes:
23.1 If any dispute of difference of any kind whatsoever arises between the department
and the Contractor in connection with, or arising out of the Contract, whether during
the progress of the works or after their completion and whether before or after the
termination, abandonment or breach of the Contract, it shall in the first place, be
referred to and settled by the Engineer-in-charge who shall, within a period of thirty
days after being requested by the Contractor to do so, give written notice of his
decision to the Contractor. Upon receipt of the written notice of the decision of the
Engineer-in-Charge the Contractor shall promptly proceed without delay to comply with
such notice of decision.
23.2 If the Engineer-in-Charge fails to give notice of his decision in writing within a period
of thirty days after being requested or if the Contractor is dissatisfied with the notice of
the decision of the Engineer-in-Charge, the Contractor may within thirty days after
receiving the notice of decision appeal to the Department who shall offer an
opportunity to the contractor to be heard and to offer evidence in support of his appeal,
the Department shall give notice of his decision within a period of thirty days after the
Contractor has given the said evidence in support of his appeal, subject to arbitration,
as hereinafter provided. Such decision of the Department in respect of every matter
so referred shall be final and binding upon the Contractor and shall forthwith be given
effect to by the Contractor, who shall proceed with the execution of the works with all
due diligence whether he requires arbitration as hereinafter provided, or not. If the
Department has given written notice of his decision to the Contractor and no claim to
arbitration, has been communicated to him by the Contractor within a period of thirty
days from receipt of such notice the said decision shall remain final and binding upon
the Contractor. If the Department fail to give notice of his decision, as aforesaid within
a period of thirty days after being requested as aforesaid, or if the Contractor be
dissatisfied with any such decision, then and in any such case the contractor within
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 thirty days after the expiration of the first named period of thirty days as the case may
be, require that the matter or matters in dispute be referred to arbitration as detailed
below:-

SETTLEMENT OF CLAIMS:

Settlement of claims for Rs.50,000/- and below by Arbitration.

All disputes or difference arising of or relating to the contract shall be referred to the
adjudication as follows:

a) Claims upto a value of rupees 10,000 / - : Superintending Engineer, (P.H)

Concerned .

b) Claims above value of rupees 10,000/- and up to rupees 50,000/- : Engineer-

in-Chief (P.H) Hyderabad.

The arbitration shall be conducted in accordance with the provisions of Indian Arbitration
and Conciliation Act 1996 or any statutory modification thereof.

The arbitrator shall state his reasons in passing the award.

Claims above Rs.50,000/-.

All claims of above Rs.50,000/- are to be settled by a Civil Court of competent jurisdiction
by way of Civil suit and not by arbitration.

A reference for adjudication under this clauses shall be made by the contractor within six
months from the date of intimating the contractor of the preparation of final bill or his having
accepted payment which ever is earlier.

B. TIME FOR COMPLETION

24 Program:
24.1 The total period of completion is As per NIT from the date of entering with
agreement to proceed including rainy season. Keeping in view, the schedule for
handing over the site given in condition below, the work should be programmed so
as to achieve the milestones as in “Rate of progress statement” enclosed.
24.2 The attention of the tenderer is directed to the contract requirement at the time of
beginning of the work, the rate of progress and the dates for the whole work and its
several parts as per milestones. The following rate of progress and proportionate value
of work done from time to time as will be indicated by the Executive Engineer’s
Certificate for the value of work done and completion of milestones will be required.
Date of commencement of their programme will be the date on which agreement was
concluded.

24.3 After signing the agreement, the contractor shall forthwith begin the work, shall
regularly and continuously proceed with them.

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24.4 Rate of progress :

i) Work programme of achieving the milestones (Statement).

Sl Mile stone Cumulative Period of % of work to Cumulative

no Description Mile stone in months i.e be completed % of work at
at the end of during each the end of
Mile stone Mile stone
1 1stMile stone 3 50 50
2 2ndMile stone 6 50 100

ii) Site. Schedule of programme of handing over Site to the Contractor. (Statement).

24.5 The contractor shall commence the works on site within the period specified under
condition mentioned above after the receipt by him of a written order to this effect from
the Competent Authority and shall proceed with the same with due expedition and
without delay, except as may be expressly sanctioned or ordered by the Competent
Authority or be wholly beyond the contractors control.

24.6 Save in so far as the contractor may prescribe, the extent of portions of the site of
which the contractor is to be given possession from time to time and the order in which
such portions shall be made available to him and, Subject to any requirement in the
contract as to the order in which the works shall be executed, the Engineer-in-
Charge’s written order to commence the works, give to the contractor possession of so
much of the site as may be required to enable the contractor to commence proceed
with the execution of the works in accordance with the programme if any, and
otherwise in accordance with such reasonable proposals of the contractor as he shall
by written notice to the Engineer-in-Charge, make and will from time to time as the
works proceed, give to the contractor possession of such further portions of the site as
may be required to enable the contractor to proceed with the execution of the works
with due dispatch in accordance with the said programme or proposals as the case
maybe ; if the contractor suffers delay or incurs cost from failure on the part of the
Engineer-in-Charge to give possession in accordance with the terms of this clause, the
Competent Authority shall grant an extension of time for the completion of works.

24.7 The contractor shall bear all costs and charges for special or temporary way leases
required by him in connection with access to the site. The contractor shall also provide
at his own cost any additional accommodation outside the site required by him for the
purposes of the work.

24.8 Subject to any requirement in the contract as to completion of any section of the
works before completion of the whole of the works shall be completed in accordance
with provisions of clauses in the Schedule within the time stated in the contract
calculated from the last day of the period named in the statement to the tender as that
within which the works are to be commenced or such extended time as may be
allowed.

24.9 Delays and extension of time:

No claim for compensation on account of delays or hindrances to the work from any cause
whatever shall lie, except as hereafter defined. Reasonable extension of time will be
allowed by the Engineer-in-Charge or by the officer competent to sanction the extension,
for unavoidable delays, such as may result from causes, which in the opinion of the
Engineer-in-Charge, are undoubtedly beyond the control of the contract. The Engineer-in-
Charge shall assess the period of delay or hindrance caused by any written instructions
issued by him, at twenty five percent in excess or the actual working period so lost.
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 In the event of the Engineer-in-Charge failing to issue necessary instructions and thereby
causing delay and hindrance to the contractor, the latter shall have the right to claim an
assessment of such delay by the Superintending Engineer of the Circle whose decision will
be final and binding. The contractor shall lodge in writing with the Engineer-in-Charge a
statement of claim for any delay or hindrance referred to above, within fourteen days from
its commencement, otherwise no extension of time will be allowed.

Whenever authorized alterations or additions made during the progress of the work are of
such a nature in the opinion of the Engineer-in-Charge as to justify an extension of time in
consequence thereof, such extension will be granted in writing by the Engineer-in-Charge
or other competent authority when ordering such alterations or additions.
25 Construction Programme:
25.1 The Contractor shall furnish at the time of agreement, a programme showing the
sequence in which he proposed to carry out the work, monthly progress expected to
be achieved, also indicating date of procurement of materials plant and machinery.
The schedule should be such that it is practicable to achieve completion of the whole
work within the time limit fixed and in keeping with the Mile stone programme specified
and shall obtain the approval of the Engineer-in-charge. Further rate of the progress as
in the program shall be kept upto date. In case it is subsequently found necessary to
alter this program, the contractor shall submit sufficiently in advance the revised
program incorporating necessary modifications and get the same approved by the
Engineer-in-Charge. No revised program shall be operative without approval of
Engineer-in-Charge.

25.2 The Engineer-in-Charge shall have all times the right, without any way violating this
contract, or forming grounds for any claim, to alter the order of progress of the works
or any part thereof and he contractor shall after receiving such directions proceed in
the order directed. The contractor shall also report the progress to the Engineer-in-
Charge within 7 days of the Engineer-in-Charge direction to alter the order of
progress of works.

25.3 The contractor shall give written notice to the Engineer-in-Charge whenever
planning or progress of the works is likely to be delayed or disrupted unless any further
drawings or order including a direction, instruction or approval is issued by the
Engineer-in-Charge within a reasonable time. The notice shall include details of the
drawing or order required and of why and by when it is required and of any delay or
disruption likely to be suffered if it is late.
26 Speed of Work
26.1 The Contractor shall at all times maintain the progress of work to conform to the
latest operative progress schedule approved by the Engineer-in-Charge. The
contractor should furnish progress report indicating the programme and progress once
in a month. The Engineer-in-Charge may at any time in writing direct the contractor to
slow down any part or whole of the work for any reason (which shall not be
questioned) whatsoever, and the contractor shall comply with such orders of the
Engineer-in-Charge. The compliance of such orders shall not entitle the contractor to
any claim of compensation. Such orders of the Engineer-in-Charge for slowing down
the work will however be duly taken into account while granting extension of time if
asked by the contractor for which no extra payment will be entertained.

26.2 Delays in Commencement or progress or neglect of work and forfeiture of earnest

money, Security deposit and withheld amounts:

If, at any time, the Engineer-in-Charge shall be of the opinion that the contractor is delaying
commencement of the work or violating any of the provisions of the contractor is neglecting
or delaying the progress of the work as defined by the tabular statement. “Rate of
progress” in the “Articles of Agreement”, he shall so advise the contractor in writing and at
the same time demand compliance in accordance with conditions of Tender Notice. If the
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 contractor neglects to comply with such demand within seven days after receipt of notice, it
shall then or at any time thereafter, be lawful for the Engineer-in-Charge to take suitable
action in accordance with Clause.60 of APSS.
27 Suspension of works by the Contractor:
27.1 If the Contractor shall suspend the works, or sublet the work without sanction of the
Engineer-in-Charge, or in the opinion of the Engineer-in-Charge shall neglect or fail to
proceed with due diligence in the performance of his part of the Contract as laid down
in the Schedule rate of progress, or if he shall continue to default or repeat such
default in the respects mentioned in clause.27 of the APSS, Engineer-in-Charge shall
take action in accordance with Clause 61 of APSS.

27.2 If the Contractor stops work for 28 days and the Stoppage has not been authorized
by the Engineer-in-Charge the Contract will be terminated under Clause 61 of APSS.

27.3 If the Contractor has delayed the completion of works the Contract will be
terminated under Clause.61 of APSS.

28 Extension of the Intended Completion Date:

28.1 The Engineer-in-Charge shall extend or recommend for extension, in accordance
with the Government orders in force, the Intended Completion Date if a Variation is
issued which makes it impossible for Completion to be achieved by the Intended
Completion Date.

28.2 The Engineer-in-Charge shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the Engineer-in-
Charge for a decision upon the effect of a 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.

29 Delays Ordered by the Engineer-in-Charge:

29.1 The Engineer-in-Charge may instruct the Contractor to delay the start or progress
of any activity within the Work.

30 Early Warning:
30.1 The contractor is to warn the Engineer-in-Charge at the earliest opportunity of
specific likely future events or circumstances that may adversely affect the Execution
of Works.

30.2 The Contractor shall cooperate with the Engineer-in-Charge 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-in-Charge.

31 Management Meetings:
31.1 The Engineer-in-Charge may require the Contractor to attend a management
meeting. The business of a management meeting shall be to review the programme
for remaining work and to deal with matters raised in accordance with the early
warning procedure.

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 C. QUALITY CONTROL

32 Identifying Defects:
32.1 The Engineer-in-Charge 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-in-Charge may instruct the Contractor to verify the
Defect and to uncover and test any work that the Engineer considers may be a Defect.

32.2 Completion of outstanding work and Remedying Defects

In order that the works shall be in the condition required by the Contract (fair wear and
tear excepted) by the expiry date of the relevant Defects Liability Period or as soon as
practicable thereafter, the contractor shall:
Complete any work which is outstanding on the date of start on takeover of the Site and
Works, within such reasonable time as is instructed by the Engineer-in-charge and Execute
all work required to remedy defects or damage, as may be notified by the Engineer-in-
charge on or before the expiry date of the Defects Liability for the works (as the Case may
be)
32.3 Cost of Remedying Defects
All work required to remedy defects shall be executed at the risk and cost of the
Contractor, if and to the extent that the work is attributable to:
(a) Failure of the Contractor to comply with its obligations under the Contract.

33 Tests:
33.1 If the Engineer-in-Charge instructs the Contractor to carry out a test not specified in
the Specification to check whether any work has a Defect and the Contractor shall pay
for the test and any samples and the Contractor shall have to carry out such tests at no
extra cost.

34 Correction of Defects:
34.1 The Engineer-in-Charge shall give notice to the Contractor of any Defects before
the end of the Defects Liability Period, which begins on Completion. The defects
liability period shall be extended for as long as defects remain to be corrected by the
Contractor.

34.2 Every time, notice of a Defect is given, the Contractor shall correct the
notified defect within the specified time limit as per the notice issued by the
Engineer-in- Charge.

35 Uncorrected defects
35.1 If the contractor has not corrected the defect within the time specified in the notice of the
Engineer-in-Charge will assess the cost of having the defect corrected and the contractor
shall pay this amount or it will be recovered from dues to Contractor.
35.2 The Engineer-in-Charge shall introduce O.K cards and prescribe the formats thereof, O.K
cards shall relate to all major components of the work. The contractor / his authorized
representative shall be required to initiate and fill in and present the O.K card to the
construction staff that would check the respective items and send to Engineer-in-Charge or
his representative for final check and clearance / O.K. Any defects pointed out by the

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 supervision staff of department shall promptly be attended to by the Contractor and the fact
of doing so be duly recorded on the back of O.K. card.
35.3 The Engineer-in-Charge may also introduce check lists which shall be kept in Bound
registers by the construction supervision staff. The Contractor may be required to fill up
these lists in the first instance and shall be subsequently checked by the Quality Control
Engineers.
35.4 Further Tests:
If the work of remedying of any defects or damage may affect the performance of the
works, the Engineer-in-charge may require the repetition of any of the tests described in
the Contract, including Tests on Completion and/or tests after completion. The
requirement shall be made by notice within 28 days after the defect or damage is
remedied. These tests shall be carried out in accordance with the terms applicable to the
previous tests, except that they shall be carried out at the risk and cost of the Contractor .

For all works costing more than Rs.2.00 Crores the Contractor shall submit quality plan and
also show proof of owning quality lab or tie-up with an established quality lab.

36 Quality Assurance:
The Contractor shall submit quality assurance plan within one month from the
Commencement Date for approval of Engineer-in-charge. The Contractor shall institute a
quality assurance system to demonstrate compliance with the requirements of the Contract.
The system shall be in accordance with the details stated in the Contract. The Engineer-in-
charge shall be entitled to audit any aspect of the system. Details of all procedures and
compliance documents shall be submitted to the Engineer-in-charge for information before
each design and execution stage is commenced. Compliance with the quality assurance
system shall not relieve the Contractor of any of his duties, obligations or responsibilities
under the Contract.
36.1 Quality Control:
The Contractor shall carry-out all the required Tests as prescribed in the Departmental QC
Manual/ BIS Codes/ Standard Specification duly maintaining all the reports/records as
directed by the Engineer-in-charge. Departmental QC Manual shall be part of Bid document
and binding on the Contractor and the Department for its implementation in execution of
works. Quality control monitoring reports, test results, reports of corrective action etc., shall
be furnished to the Engineer-in-charge at regular [Link] Audit will be got
conducted by the Engineer-in-Charge departmentally or by other organization and the
contractor shall extend the testing facilities to them also at his cost. The Contractor shall
produce the Quality records maintained by him to the Engineer-in-charge for the quality
audit.
QC certificate/QC Inspection Report (as the case may be) from the concerned shall be submitted
for the Work bills at the following defined levels
i) For all the works whose agreement value is equal to and less than Rs 50.00 lakh,
requisite QC certificate/QC Inspection report shall be submitted at final bill level
ii) For all the works whose agreement value is more than Rs 50.00 lakh:
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 a. QC certificate/QC Inspection report shall be submitted at 1/3rd, 2/3rd and final
stages of work.
b. In respect of major Structures like Dams, Buildings and other CM&CD works etc.,
the QC certificate/QC Inspection report shall be submitted at critical stages of
construction i.e., Foundation level, Superstructure level and Final level.
c. If the work is completed by 1&Final and 2&Final, the QC certificate/QC Inspection
report shall be submitted at final bill level. If, the 1st RA bill of 2&Final exceeds
1/3rd value, it shall be mandated for QC concurrence
iii) In addition to the above stages of ii) (a) (b) and (c), for all the RA bills of more than Rs
2.00 crore, they shall invariably have requisite QC certificate/QC Inspection report (as
the case may be) from the concerned
36.1(B)
i. For all the works whose agreement value is more than Rs.2.00 Crores the Contractor shall
submit Quality Plan and also show proof of owning Quality Laboratory or having tie-up
with other established Quality Testing Laboratories.
ii. For all the works whose agreement value is equal to and less than Rs 2.00 crore, the testing
charges at Dept. QC Lab/TSERL or through other approved organizations shall be borne by
the Contractor only.

36.1(C)CC Canal Lining:

In respect of CC Canal Lining works, if Core Test is not conducted and bill is being
processed for the work done lining quantity, 10% of respective agreement rate shall be
withheld and the same may be released in subsequent RA bills after ascertaining the Core
Test results as per Codal provisions/Standard Specifications

36.2 The Contractor shall submit the Quality Management Plan for the Contract work indicating
the following, within one month from the Commencement Date for approval of Engineer-
in-charge.

(a) The quantum of work to be done, quantities of various materials required and the
electrical and mechanical equipment to be installed.

(b) The number of tests to be conducted for various materials, electrical and mechanical
equipment and also for finished items of work as per the I.S Codes and other codes like
IRC codes at the frequencies mentioned in MoRTH & MoRD Specifications or any
other relevant codes.
(c) The details field laboratories and testing facilities available for conducting the above
tests.
(d) MOU with external laboratories approved by the Government for conducting required
tests on equipment and materials.
(e) The personnel of contractor in-charge of quality management with their names, duties
and authority. The qualifications of the person’s in-charge of collecting samples, testing
materials, testing equipment and finished item work, persons in-charge of quality
assurance with powers to reject the defect work, the process of rectification of defects
and deficiencies, the process of corrective actions for avoiding recurrence of defects.
(f) Any other information that may be required by the Engineer-in-charge.

(h) Copies of the quality management plan have to be furnished to the Engineer-in-
Charge.

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 D. Cost Control

37 Bill of Quantities:
37.1 The Bill Quantities shall contain items for the construction work to be done by the
Contractor.

37.2 The Contractor is paid for the quantity of the work done at the estimate rate in the
Bill of Quantities for each item plus or minus Tender percentage.

38 Changes in the Quantities:

38.1 The contractor is bound to execute all supplemental works that are found essential,
incidental and inevitable during execution of main work.

38.2 The payment of rates for such supplemental items of work will be regulated as
under;

Supplemental items directly deducible from similar items in the original agreement.

38.2.1 The rates shall be derived by adding to or subtracting from the agreement
rate of such similar item the cost of the difference in the quantity of materials
labour between the new items and similar items in the agreement worked
out with reference to the Standard Schedule of Rates adopted in the
sanctioned estimate with which the tenders are accepted plus or minus over
all tender percentage.

38.2.2 (a) Similar items but the rates of which cannot be directly deduced
from the original agreement.

(b) Purely new items which do not correspond to any item in theagreement.
(For SoR items only).
The rates of all such items shall be Estimated Rates plus or minus overall
Tender percentage.

For execution of Non-SoR Supplemental items, the Tender percentage(excess

or less) shall not be affected for arriving the respective data rate

39 Extra Items:-
39.1 Extra items of work shall not vitiate the contract. The contractor shall be bound to
execute extra items of work as directed by the Engineer-in-Charge. The rates for extra
items shall be worked out by the Executive Engineer as per the conditions of the
Contract and the same are binding on the Contractor.

39.2 The contractor shall before the 15th day of each month, submit in writing to the
Engineer-in-Charge a statement of extra items if any that they have executed during
the preceding month failing which the contractor shall not be entitled to claim any.

39.3 Entrustment of additional items:

39.3.1 Where ever additional items not contingent on the main work and outside
the scope of original agreement are to be entrusted to the original contractor
dispensing with bids and if the value of such items exceeds the limits upto
which the officer is empowered to entrust works initially to contractor without
calling for tenders, approval of next higher authority shall be obtained.
Entrustment of such items on nomination shall be at rates not exceeding the
estimate rates.

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 39.3.2 Entrustment of the additional items contingent on the main work will be
authorized by the officersupto the monetary limits upto which they
themselves are competent to accept items in the original agreement so long
as the total amounts of supplemental agreement does not exceed the
amounts up to which they are competent to accept in an original agreement,
the rates for such items shall be worked out in accordance with the
procedure prescribed in relevant GOs.

(I) For all items of work in excess of the quantities shown in the Bill of
Quantities of the Tenders, the rate payable for such items shall be estimate
rates for the items (+) or (-) over all tender percentage accepted by the
competent authority.

39.3.3 Entrustment of either the additional or supplemental items shall be subject

to the provisions of the agreement entered into by a Competent Authority
after the tender is accepted. The Competent Authorityapproves the rate for
the items / variation in quantity in the current agreement. The items shall
not be ordered by an officer on his own responsibility if the revised estimate
or deviation statement providing for the same requires the sanction of higher
authority.

Note: It may be noted that the term Estimate Rate used above means the rate in the sanctioned
estimate with which the tenders are accepted, or if no such rates is available in the
estimate, the rate derived will be with reference to the Standard Schedule of Rates adopted
in the sanctioned estimate with which tenders are accepted.
40 Cash flow forecasts:
40.1 When the program is updated, the contractor is to provide the Engineer-in-charge
with an updated cash flow forecast.

41 Payment Certificates:
41.1 The Contractor shall submit to the Engineer-in-charge monthly statements of the
estimated value of the work completed less the cumulative amount certified previously.

41.2 The Engineer-in-charge shall check the Contractor’s monthly statement within 14
days.

41.3 The value of work executed shall be determined by the Engineer-in-charge.

41.4 The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.

41.5 The Engineer-in-charge may exclude any item certified in a previous certificate or
reduce the proportion of any item previously certified in any certificate in the light of
later information.

42 Payments:
42.1 Payment for the work done by the contractor will be made for the finished work
based on the measurements recorded in measurement books by any officer of the
department not lower in rank than an Assistant Engineer and check measured by any
officer not lower in rank than a Deputy Executive Engineer. The measurement shall be
recorded at various stages of the work done and also after work is completed. The
contractor shall be present at the time of recording of each set of measurement and
their check measurement and accept them then and there so as to avoid disputes at a
later stage. If the contractor is not available at the workspot at the time of recording
measurements or check measurements the particulars of measurements shall be
signed by the authorised agent of contractor based on which the contractor shall
accept the set of measurements without any further dispute. If for any reason the
contractor’s authorized agent is also not available at site when the department decides
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 to suspend the work recording of measurements in the absence of the contractor or his
authorized representative the department shall not entertain any claim from the
contractor for any loss incurred by him on this account. The Contractor shall however
note that the Department cannot indefinitely wait for recording the measurement due to
the absence of the Contractor and his authorized agent and check measure them even
in the absence of the contractor.
42.2 On completion of work and before submitting the final bill, the agency shall prepare
and submit as built drawings of all components of the scheme.
In case of UGD work, the drawing shall comprise the entire sewer network, location of
Manholes, data pertaining to Manholes i.e., Manhole Number, Ground level & Invert
level, drop etc., and Data pertaining to sewer network i.e., Diameter of sewer line,
length, slope etc., and completion drawings of other structures like , buildings, CD
works, STPs along with Operation and maintenance Manuals for net work and STPs
etc.

41.2The price adjustment will be applicable as per the orders issued vide the following Gos.

(a) [Link].1 Finance (W & P-F7) Dt. 25-02-2012

(b) G O Ms No. 23 PR&RD Dept. Dt. 11-2-2014
(c) G.O. Ms. No. 94 of T R&B (RI), Dept. Dt. 16-04-2008,
(d) G.O. Rt. No. 910 MAUD (A2) Dept., Dt. 21-06-2008
(e) G.O. Ms. No. 252 of T R & B (RI), Dept. Dt. 28-08-2008,
(f) G.O. Ms. No. 269 of T R & B (RI), Dept. Dt. 15-09-2008

g). The Price adjustment addition/deduction will be operative for variation in rates only to the
extent where it is beyond increase/decrease by 5% over the estimated rates respectively.
Thus, if the price excess is 10%, additional payment will be made only to the extent of 5%
i.e 10%-(Minus) 5% since the contractor factors into his original bid, his risk of absorbing
the first 5%increase in price. Similarly, if there is a decrease in rates below estimated rates
recovery shall bemade from the contractor beyond 5% decrease only similar to when
there is increase in the price.
h) Price adjustment shall be operated as detailed below.
i) For steel, cement & POL in terms of GOMs No 94 TR&B Dt. 16-04-2008
and its subsequent amendments if any. However [Link] No.35,TR&B,dated.30-1-2009 is
not applicable.
ii) For DI Pipes in terms of GOMs No 910 MA&UD (A2) dept Dt. 21-06-2008
and its subsequent amendments if any
iv) Price adjustment shall apply only for the work carried out within the agreement period and
EOT granted period for the reasons not attributable to the contractor.

v)Adjustment clause for Steel & Cement component shall be as follows:

Price adjustment for increase or decrease in the cost of Steel & Cement shall be paid for absolute variation
between the estimated rates and the rates approved by the sub-committee constituted as per [Link].2,
I&CAD(Reforms) Dept., dated 10-07-2014 and affected as per clause 44.2

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 41.3 TERMS OF PAYMENT FOR PIPES

The following break up will be allowed for Pipes: ---

Cumulative
Sl. No. Description Percentage of payment percentage of
payment
1 After supply, delivery of pipes to site in
good condition and after Quality 65% of cost of pipes 65%
Control inspection

2 After Laying and jointing of pipesas

per specification. 25% of cost of pipes
90%

3 After successful completion of

hydraulic field testing of pipes refilling
with excavated soils as directed by the 10% of cost of pipes 100%
Department and commissioning.

41.4 TERMS OF PAYMENT FOR RESERVOIRS.

Cumulative
Sl. Percentage
Description percentage of
No. of payment
payment
1 Raft Foundation and columns up to 20% 20%
Ground Level and Foundation for Stair
Case

2 Staging upto bottom ring beam level and 20% 40%

Dob legged / Spiral stair case up to ring
beam

3 Bottom ring beam, bottom, dome and 25% 65%

Dog legged / Spiral stair case
4 Side Wall up to top 13% 78%
5 Top dome / slab and stair case 12% 90%
6 Fixing of all accessories, inlet and out let 10% 100%
arrangements and testing, painting etc.,
complete

41.5 The actual volume of stone and aggregates shall be computed after deducting the following
percentages from the volume computed by stack measurements.

Percentage reduction in volume

S. Standard size of aggregate and computed by stack measurements
No stone to arrive at the volume to be paid
for
1. Stone 40
2. 40 mm and 25 mm 10
3. 20 mm, 12 mm, 10 mm & 6 mm 5
4. Fine aggregate Nil
5. Gravel 20

Unless otherwise directed, measurements shall not be taken until sufficient materials for
use on work have been collected and stacked. Immediately after measurement, the stack
shall be marked by white wash or other means as directed by the Engineer-in-charge.
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 41.6 Payments and Certificates:---
41.6.1 Payments shall be adjusted for recovery of advance payments, liquidated
damages in terms of tender conditions and security deposit for the due
fulfillment of the contract. Payment will be made to the Contractor under the
certificate to be issued at reasonably frequent intervals by the Engineer-in-
Charge, and intermediate payment will be the sum equal to 92½% of the
value of work done as so certified and balance of 7½% will be withheld and
retained as security for the due fulfillment of the contractor under the
certificate to be issued by the Engineer-in-Charge. On completion of the
entire works the contractor will receive the final payment of all the moneys
due or payable to him under or by virtue of the contract except earnest
money deposit retained as security and a sum equal to 2½ percent of the
total value of the work done. The amount withheld from the final bill will be
retained under deposits and paid to the contractor together with the earnest
money deposit retained as security after a period of 24 months as all
defects shall have been made good according to the true intent and
meaning thereof.

41.6.2 In case of over payments or wrong payment if any made to the contractor due to
wrong interpretation of the provisions of the contract, APSS or Contract conditions
etc., such unauthorized payment will be deducted in the subsequent bills or final bill
for the work or from the bills under any other contracts with the Government or at
any time thereafter from the deposits available with the Government.

41.6.3 Any recovery or recoveries advised by the Government Department either

state or central, due to non-fulfillment of any contract entered into with
them by the contractor shall be recovered from any bill or deposits of the
contractor.

41.6.4 No claim shall be entertained, if the same is not represented in writing to the
Engineer-in-Charge within 15 days of its occurrence.

41.6.5 The contractor is not eligible for any compensation for inevitable delay in
handing over the site or for any other reason. In such case, suitable
extensions of time will be granted after considering the merits of the case.

41.7 Intermediate Payments:

41.7.1 For intermediate Stage of work, only part rates as fixed by the Engineer-in-Charge
will be paid.

41.7.2 Part rates shall be worked out for the work done portion based on the actual
operations involved keeping inview the value of the balance work to be
done, to avoid unintended benefit to the Contractor in initial Stage.

41.7.3 Full rate shall be paid when the work is completed to the full profile as noted
in the drawings/specifications.

41.7.4 For earthwork in cutting, 10% of the quantity will be with-held for intermediate
payments and the same will be released after completing the work to the
profiles as per drawings and disposal of the spoil material at the specified
places and handing over the balance useful stone. For this purpose a length
of 25 mts. will be taken as a Unit.

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 41.7.5 For earth work, embankment formation work, 10% of the quantity will be
withheld for intermediate payments and the same will be released after
completing the bund to the profiles as per drawings including trimming of
side slopes and all other works contingent to the bund profile. For this
purpose, 25 mts of length will be taken as a Unit.

41.7.6 For the structure works either with masonry or concrete where the height of
structure is more than three meters, the quantities executed in the lower
level will be withheld at the rate of one percent for every three meters
height, if the balance height of the structure work is more than three meters
in being over the executed level and the same will be released only after
the entire work is completed as certified by the Engineer-in-Charge.

41.7.7 For C.M. & C.D. works and for lining works, spread over more than 2 Km.
In length 5 percent of the concrete and Masonry quantities will be with held
and the same will be released after completion of all C.M. & C.D. works
and lining for the entire length certified by the Engineer-in-Charge.

41.7.8 Where payment is intended for aggregates by Bill of Quantities item based
on stack measurements, 10% of the quantity measured will be withheld.
No payment or advance will be made for unfixed materials when the rates
are for finished work in site.

42 Interest on Money due to the Contractor:

No omission by the Executive Engineer or the sub-divisional officer to pay the amount
due upon certificates shall vitiate or make void the contract, nor shall the contractor be
entitled to interest upon any guarantee fund or payments in arrear, nor upon any
balance which may, on the final settlement of his accounts, found to be due to him.

43 Certificate of Completion of works:

43.1 Certificate of Completion of works:
43.1.1 When the whole of the work has been completed and has satisfactory passed any
final test that may be prescribed by the Contract, the Contractor may give a notice to
that effect to the Engineer-in-Charge accompanied by an undertaking to carryout any
rectification work during the defect liability period/maintenance, such notice and
undertaking shall be in writing and shall be deemed to be request by the Contractor for
the Engineer-in-Charge to issue a Certificate of completion in respect of the Works.
The Engineer-in-Charge shall, within twenty one days of the date of delivery of such
notice either issue to the Contractor, a certificate of completion stating the date on
which, in his opinion, the works were completed in accordance with the Contract or
give instructions in writing to the Contractor specifying all the Works which, in the
Engineer-in-Charge'’ opinion, required to be done by the Contractor before the issue of
such Certificate. The Engineer-in-Charge shall also notify the Contractor of any defects
in the Works affecting completion that may appear after such instructions and before
completion of the Works specified there in. The Contractor shall be entitled to receive
such Certificate of the Completion within twenty one days of completion to the
satisfaction of the Engineer-in-Charge of the Works so specified and making good of
any defects so notified.
43.1.1 Similarly, the Contractor may request and the Engineer-in-Charge shall issue a
Certificate of Completion in respect of:

a) Any section of the permanent works in respect of which a separate time for
completion is provided in the Contract, and
b) Any substantial part of the permanent works which has been both completed to the
satisfaction of the Engineer-in-Charge and occupied or used by the department.

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 43.1.2 If any part of the Permanent Works shall have been completed and shall have
satisfactorily passed any final test that may be prescribed by the Contract, the
Engineer-in-Charge may issue such certificate, and the Contractor shall be deemed
to have undertaken to complete any outstanding work in that part of the Works during
the period of Maintenance.

44 Taxes :
44.1 The rates provided in BOQ( Schedule A- part I) are for finished item of work at site excluding taxes .

44.2 Deleted

44.3 Provision is made in Schedule-A , Part-II towards the statutory taxes viz., Works contract
GST, seigniorage charges, Labour cess , NAC etc. to be paid by the department to the
concerned departments as the case may be.
44.4Any change in tax regime of GST shall be applicable as per change in law and policies made by GOI/State
Government from time to time.
44.5 Over heads
The estimated rates are inclusive of Over head charges.
The over head charges include the following elements

[Link] accommodation, setting up plant, access road, water supply, electricity and general site
arrangements.
[Link] furniture, equipment and communications
[Link] towards expenditure on:
a) Corporate office of contractor
b) Site supervision
c) Documentation and “as built” drawings
iv. Mobilization/ de-mobilization of resources
v. Labour camps with minimum amenities and transportation to work sites.
vi. Light vehicles for site supervision including administrative and managerial requirements.
vii. Setting up of laboratories for quality control, field and laboratory testing for control of
quality of various items of work and documentation of test results as per requirement of the
specifications.
viii. Minor T & P including vibrators for concrete work and survey instruments and setting
outworks, including verification of line, dimensions, trial pits and bore holes where required.
ix. Watch and ward
x. Arrangement for Traffic and Traffic management during construction
xi. Expenditure on safeguarding environment
xii. Sundries
xiii. Financing Expenditure of the contractor
xiv. Deleted

45 Retention
45.1 The department shall retain from each payment due to the contractor @ the rate of
7.5% of bill amount until completion of the whole of the Works.

45.2 On completion of the whole of the Works half the total amount retained is re-paid to the
Contractor and half when the Defects Liability Period has passed and the Engineer-
in-Charge has certified that all the Defects notified by the Engineer-in-Charge to the
Contractor before the end of this period have been corrected.

45.3 [ DELETED ]

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46 Liquidated Damages
46.1 If for any reason, which does not entitle the contractor to an extension of time, the
rate of progress of works, or any section is at any time, in the opinion of the Engineer –
In- Charge too slow to ensure completion by the prescribed time or extended time for
completion Engineer–In Charge shall so notify the contractor in writing and the
contractor shall there upon take such steps as are necessary and the Engineer –In-
Charge may approve to expedite progress so as to complete the works or such section
by the prescribed time or extended time. The contractor shall not be entitled to any
additional payment for taking such steps. If as a result of any notice given by the
Engineer –In- Charge under this clause the contractor shall seek the Engineer –In-
Charge permission to do any work at night or on Sundays, if locally recognised as days
or rest, or their locally recognized equivalent, such permission shall not be
unreasonably refused.

46.2 If the contractor fails to complete whole of the works or any part thereof or section
of the works within the stipulated periods of individual mile stones (including any
bonafide extensions allowed by the competent authority without levying liquidated
damages), the Engineer –In- Charge may without prejudice to any other method of
recovery will deduct one tenth of one percent of unfinished work value per calendar
day or part of the day for the period of delays subject to a maximum of 10% of the
contract value not as a penalty from any monies in his hands due or which may
become due to the contractor. The payment or deductions 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.

47 Mile stones of progress and the liquidated damages for the whole of the work are as follows.
Sl Description Cumulative % of Liquidated Damage to be
no work to be imposed.
completed
1 1stMile stone at the 50 Rs.50/- per day per Lakh of
end of 3 month unfinished value of work
2 2ndMile stone at the 100 Rs.50/- per day per Lakh of
end of 6months unfinished value of work

The maximum amount of liquidated damages for the whole of the works is ten percent of
final contract price.

48 Deleted
49 Securities:
49.1 The Earnest Money Deposit and Additional Security (for discount tender
percentage beyond 25%) shall be provided to the Department not later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form and
by a DD/BG acceptable to the Department. The Earnest Money shall be valid until a
date 28 days from the date of expiry of Defects Liability Period and the additional
security shall be valid until a date 28 days from the date of issue of the certificate of
completion.

50 Cost of Repairs:-
50.1 Loss or damage to the works or materials to 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.

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E. FINISHING THE CONTRACT

51 Completion:
51.1 The Contractor shall request the Engineer-in-Charge to issue a Certificate of
completion of the Works and the Engineer-in-Charge will do so upon deciding that the
work is completed.

52 Taking Over:
52.1 The Department shall takes over the Site and the Works within seven days of the
Engineer-in-Charge issuing a certificate of Completion.

53 Final Account:
52.1 The Contractor shall supply to the Engineer-in-Charge 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-in-Charge shall issue a Defects Liability Certificate
and certify any final payment that is due to the Contractor within56 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Engineer-in-Charge shall
issue 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-in-Charge shall decide on the amount payable to the Contractor and issue a
payment certificate within 56 days of receiving the Contractor’s revised account.

54 Termination:
54.1 The Department may terminate the Contract if the contractor causes a fundamental
breach of the Contract.

54.2 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 program and the stoppage has not been authorized by the Engineer-
in-Charge.

b) The Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation.

c) The Engineer-in-Charge 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-in-Charge; and

d) The Contractor does not maintain a security which is required and

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.

f) If the contractor, in the judgment of the Department has engaged in corrupt or

fraudulent practices in competing for or in the executing the contract.

For the purpose of this paragraph: “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 to the Government and includes collusive practice among
Tenderers (prior to or after Tender submission) designed to establish Tender prices at
artificial non-competitive levels and to deprive the Government of the benefits of free and
open competition.

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 54.3 Notwithstanding the above the Department may terminate the contract for
convenience.

54.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secured leave the Site as soon as reasonably possible.

55 Payment upon Termination:---

55.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer-in-Charge shall issue a certificate for the value of the work
done less advance payments received upon the date of the issue of the certificate, less
other recoveries due in terms of the Contract, less taxes due to be deducted at source
as per applicable law and less the percentage to apply to the work not completed.
Additional Liquidated Damages shall not apply. If the total amount due to the
Department exceeds any payment due to the Contractor the difference shall be a debt
payable to the Department.

56 Property:
56.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed
to be the property of the Department if the Contract is terminated because of
Contractor’s default.

57 Release from Performance:

57.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Department or the Contractor the Engineer-in-Charge
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 works carried out before receiving it and for any work carried out after
wards to which commitment was made.

F. SPECIAL CONDITIONS
58 Water Supply:
The Contractor has to make his own arrangements for water required for the work and to
the colonies and work sites, which are to be established by the Contractor.

59 Electrical Power:
The Contractors will have to make their own arrangements for drawing electric power from
the nearest power line after obtaining permission from the Telangana State Power
Distribution Company at his own cost. In case of failure of electricity, the Contractor has to
make alternative arrangements for supply of electricity by Diesel Generator sets of suitable
capacity at place of work. If the supply is arranged by the Department, necessary Tariff
rates shall have to be paid based on the prevailing rates.

The contractor will pay the bills of Power Distribution Companyfor the cost of power
consumed by him.

The contractor shall satisfy all the conditions and rules required as per Indian Electricity Act
1910 and under rule –45(I) of the Indian Electricity Rules, 1956 as amended from time to
time and other pertinent rules.

The power shall be used for bonafide Departmental works only.

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59.1 Electric Power for Domestic Supply:
a) The contractor has to make his own arrangements for the supply of electric power
for domestic purposes and the charges for this purpose have to be paid by him at
the rates as fixed by the Telangana State Power Distribution Companyfrom time to
time.

b) The contractor will have to make his own arrangements to lay and maintain the
necessary distribution lines and wiring for the camp at his own cost. The layout and
the methods of laying the lines and wiring shall have the prior approval of the
Engineer-in-Charge. All camp area shall be properly electrified. All lines, streets,
approaches for the camp etc., shall be sufficiently lighted for the safety of staff and
labour of the contractor, at the cost of the Contractor and it will be subject to the
approval of the Engineer-in-Charge.

60 Land:
60.1 Land for Contractor’s use:
The contractor will be permitted to use Government land for execution of work. The
contractor shall have to make his own arrangements for acquiring and clearing the site,
leveling, providing drainage and other facilities for labour staff colonies, site office, work-
shop or stores and for related activities. The Contractor shall apply to the Department
within a reasonable time after the award of the contract and atleast 30 days in advance of
its use, the details of land required by him for the work at site and the land required for his
camp and should any private land which has not been acquired, be required by the
contractor for his use. The same may be acquired by the contractor at his own cost by
private negotiations and no claim shall be admissible to him on this account.

The Engineer-in-Charge reserves the right to refuse permission for use of any government
land for which no claim or compensation shall be admissible to the contractor. The
contractor shall, however, not be required to pay cost or any rent for the Government land
given to him.

60.2 Surrender of occupied land

a) The Government land as here in before mentioned shall be surrendered to the Engineer-in-
Charge within seven days, after issue of completion certificate. Also no land shall be held
by the contractor longer than the Engineer-in-Charge shall deem necessary and the
contractor shall on the receipt of due notice from the Engineer-in-Charge, vacate and
surrender the land which the Engineer-in-Charge may certify as no longer required by the
Contractor for the purpose of the work.

b) The contractor shall make good to the satisfaction of the Engineer-in-Charge any damage
to areas, which he has to return or to other property or land handed over to him for purpose
of this work. Temporary structures may be erected by the contractor for storage sheds,
offices, residences etc., for non-commercial use, with the permission of the Executive
Engineer on the land handed over to him at his own cost. At the completion of the work
these structures shall be dismantled site cleared and handed over to the Executive
Engineer. The land required for providing amenities will be given free of cost from
Government lands if available otherwise the contractor shall have to make his own
arrangements.

60.3 Contractor not to dispose off Soil etc.,

The contractor shall not dispose off or remove except for the purpose of fulfillment of this
contract, sand, stone, clay ballast, earth, trees and shrubs or other materials obtained in
the excavation made or lying on the site of the work, and all such materials and produce
shall remain property of the Government. The Department may upon request from the
contractor, or if so stipulated in the conditions of the contract allow the contractor to use
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 any of the above materials for the works either free of cost or after payment as may be
specifically mentioned or considered necessary during the execution of the work.

61 Roads:
In addition to existing public roads and roads Constructed by Government, if any, in work
area all additional approach roads inside work area and camp required by the Contractor
shall be constructed and maintained by him at his own cost. The layout design,
construction and maintenance etc. of the roads shall be subject to the approval of the
Engineer-in-Charge. The contractor shall permit the use of these roads by the Government
free of charge.

It is possible that work at, or in the vicinity of the work site will be performed by the
Government or by other contractors engaged in work for the Government during the
contract period. The contractor shall without charge permit the government and such other
contractor and other workmen to use the access facilities including roads and other
facilities, constructed and acquired by the contractor for use in the performance of the
works.

The contractor’s heavy construction traffic or tracked equipment shall not traverse any
public roads or bridges unless the contractor has made arrangement with the authority
concerned. In case contractor’s heavy construction traffic or tracked equipment is not
allowed to traverse any public roads or bridges and the contractor is required to make
some alternative arrangements, no claim on this account shall be entertained.

The contractor is cautioned to take necessary precautions in transportation of construction

materials to avoid accidents.

62 Payment for CampConstruction

No payment will be made to the contractor for construction, operation and maintenance of
camp and other camp facilities and the entire cost of such work shall be deemed to have
been included in the tendered rate for the various items of work in the schedule of
quantities and bids.

63 Explosive And Fuel Storage Tanks

No explosive shall be stored within ½ (half) KM of the limit of the camp sites. The storage
of gasoline and other fuel oils or of Butane, Propane and other liquefied petroleum gases,
shall confirm to the regulations of Telangana State Government and Government of India.
The tanks, above ground and having capacity in excess of 2000 liters, shall not be located
within the camp area, nor within 200m, of any building.

64 Labour:
The contractor shall, make his own arrangements for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and transport.

Labour importation and amenities to labour and contractor’s staff shall be to the
contractor’s account. His quoted percentage shall include the expenditure towards
importation of labour amenities to labour and staff;

The contractor shall, if required by the Engineer-in-Charge, deliver to the Engineer-in-

Charge a written in detail, is such form and at such intervals as the Engineer-in-Charge
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 information respecting
Contractor’s Equipment as the Engineer-in-Charge may require.

64.1 Transportation of Labour:

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 The contractor shall make his own arrangement for the daily transportation of the labour
and staff from labour camps colonies to the work spot and no labour or staff of the
contractor shall stay at the work spot. No extra payment will be made to the contractor for
the above transportation of the labour and his quoted percentage to the work shall include
the transportation charges of labour from colonies to work spot and back.

The contractor will at all times duly observe the provisions of employment of children Act
XXVI of 1938 and any enactment or modification of the same and will not employ or permit
any person to do any work for the purpose under the provisions of this agreement in
contravention of said Act. The contractor here by agrees to indemnify the department from
and against all claims, penalties which may be suffered by the department or any person
employed by the department by any default on the part of the contractor in the observance
and performance of the provisions of the employment of children Act. XXVI of 1938 or any
enactment or modification of the same.

As per Govt. memo No.721/Gr.(1)/81-35, dt:17.11.87. The contractor shall obtain the
insurance at his own cost to cover the risk on the works to labour engaged by him during
period of execution against fire and other usual risks and produce the same to the
Executive Engineer concerned before commencement of work.

65 Safety Measures:
1. The contractor shall take necessary precautions for safety of the workers and preserving
their health while working in such jobs, which require special protection and precautions.
The following are some of the measures listed but they are not exhaustive and contractor
shall add to and augment these precautions on his own initiative where necessary and
shall comply with directions issued by the Executive Engineer or on his behalf from time to
time and at all times.

2. Providing protective foot wear to workers situations like mixing and placing of mortar or
concrete sand in quarries and places where the work is done under much wet conditions.

3. Providing protective head gear to workers at places like under ground excavations to
protect them against rock falls.

4. Providing masks to workers at granulates or at other locations where too much fine dust is
floating about and sprinkling water at frequent intervals by water hoses on all stone
crushing area and storage bins abate to dust.

5. Getting the workers in such jobs periodically examined for chest trouble due to too much
breathing in to fine dust.

6. Taking such normal precautions like fencing and lightening in excavation of trenches, not
allowing rolls and metal parts of useless timber spread around, making danger areas for
blasting providing whistles etc.

7. Supply work men with proper belts, ropes etc., when working in precarious slopes etc.

8. Avoiding naked electrical wire etc., as they would electrocute the works.

9. Taking necessary steps towards training the workers concerned on the machinery before
they are allowed to handle them independently and taking all necessary precautions in
around the areas where machines hoists and similar units are working.

66 Fair Wage Clause:

The contractor shall pay not less than fair wages to labourers engaged by him on the work.

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 “Fair” wages means wages whether for time of piecework notified by the Government from
time in the area in which the work is situated.

The contractor shall not with-standing the revisions of any contract to the contrary cause to
be paid to the labour, in directly engaged on the work including any labour engaged by the
sub-contractor in connection with the said work, as if the labourers had been directly
employed by him.

In respect of labour directly or indirectly employed in the works for the purpose of the
contractors part of the agreement the contractor shall comply with the rules and regulations
on the maintenance of suitable records prescribed for this purpose from time to time by the
Government. He shall maintain his accounts and vouchers on the payment of wages to the
labourers to the satisfaction of the Executive Engineer.

The Executive Engineer shall have the right to call for such record as required to satisfy
himself on the payment of fair wages to the labourers and shall have the right to deduct
from the contract amount a suitable amount for making good the loss suffered by the
worker or workers by reason of the “fair wages” clause to the workers.

The contractor shall be primarily liable for all payments to be made and for the observance
of the regulations framed by the Govt. from time to time without prejudice to his right to
claim indemnity from his sub-contractors.

As per contract labour (Regulation and abolition) Act. 1970 the contractor has to produce
the license obtained from the licensing officers of the labour department along with the
tender or at the time of agreement.

Any violation of the conditions above shall be deemed to be a breach of his contract.

Equal wages are to be paid for both men and women if the nature of work is same and
similar.

The contractor shall arrange for the recruitment of skilled and unskilled labour local and
imported to the extent necessary to complete the work within the agreed period as directed
by the Executive Engineer in writing.

67 Indemnity Bond:
NAME OF WORK:_______________________ Municipality -
________________________________________________________________________________
___.

I ………………………………………….., contractor do hereby bind myself to pay all the

claims may come (a) under Workmen’s Compensation Act. 1933 with any statutory
modification thereof and rules there under or otherwise for or in respect of any damage or
compensation payable in connection with any accident or injury sustained (b) under
Minimum wages Act 1948 (c) under payment of wages Act.1936 (d) under the Contractor
labour (Regulation and Abolition) Act. 1970 by workmen engaged for the performance of
the business relating to the above contract ie., Failing such payment of claims of workmen
engaged in the above work, I abide in accepting for the recovery of such claims, effected
from any of my assets with the departments.

68 Compliance With Labour Regulations:

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 notifications
that may be issued under any labour law in future either by the State or the Central
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 Government or the local authority and also applicable labour regulations, health and
sanitary arrangements for workmen, insurance and other benefits. Salient features of
some of the major labour laws that are applicable to construction industry are given below.
The contractor shall keep the Department indemnified in case any action is taken against
Department by the competent authority on account of contravention of any of the
provisions of any Act or rules made thereunder, regulations or notifications including
amendments. If the Department is caused to pay or reimburse, such amounts as may be
necessary to cause or observe, or for non-observance of the provision stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of
the contractor, the Engineer-in-charge /Department shall have the right to deduct any
money due to the contractor including his amount of performance security. The
Department/Engineer-in-Charge 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 Department.

The employees of the Contractor and the Sub-contractor in no case shall be treated as the
Department of the Department at any point of time.

69 Salient features of some major labour laws applicable to establishment engaged in

buildings and other construction work:

(a) Workmen compensation Act No 8 of 1923: The Act provides for compensation in case if
injury by accident arising out of and during the course of employment.

(b) Payment of Gratuity Act No 39 of 1972: Gratuity is payable to an employee under the Act
on satisfaction of certain conditions on separation if any employee has completed 5 years
service or more, or 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.

(c) Employees P.F. and Miscellaneous provision Act No 19 of 1952: The Act provides for
monthly contributions by the Department plus workers @ 10% or 8.33%. The benefits
payable under the Act are:

(i) Pension or family pension on retirement or death, as the case may be.

(ii) Deposit linked insurance on the death in harness of the worker.

(iii) Payment of P.F. accumulation on retirement/death etc.,

(d) Maternity Benefit Act 1951: The Act provides for leave and some other benefits to women
employees in case of confinements or miscarriage etc.

(e) Contract Labour (Regulation & Abolition) Act no 37 of 1970: The Act provides for
certain welfare measures to be provided by the contractor to contract labour and in case
the Contractor fails to provide, the same are required to be provided by the Principal
Department by Law. The Principal Department is required to take certificate of Registration
and the contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Department if they employ 20 or
more contract labour.

(f) Minimum wages Act No 11 of 1948: The Department is supposed to pay not less than the
Minimum wages fixed by appropriate Government as per provisions of the Act if the
employment is a scheduled employment construction of Buildings, Roads, Runways are
scheduled employments.

(g) Payment of wages Act No 4 of 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 form the wages of the workers.

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(h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work
of equal nature to Male or Female workers and for not making discrimination against
Female employee in the matters of transfers, training and promotions etc.

(i) Payment of Bonus Act No 21 of 1965: The Act Is applicable to all establishments
employing 20 or more employees. The Act provides for payment of annual bonus subject to
a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.
3500/- per month or less. The bonus to be paid to employees getting Rs.2500/- per
months or above and upto Rs.3500/- per month shall be worked out by taking wages as
Rs.2500/- per monthly 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.

(j) Industrial Disputes Act No 14 of 1947: The Act lays down the machinery and
procedure for resolution of Industrial disputes, in what situations a strike or lock- out
becomes illegal and what are the requirements for laying off or retrenching the employees
or closing down the establishment.

(k) Industrial Employment (Standing Orders) ActNo 20 of 1946: It is applicable to all

establishments employing 100 or more workmen (employment size reduced by some of the
State and Central Government to 50). The Act provides for laying down rules governing
the conditions of employment by the Department on matters provided in the Act and get the
same certified by the designated Authority.

(l) Trade Unions Act No 16 of 1926: The Act lays down the procedure for registration of
trade unions of workmen and Departments. The Trade Unions registered under the act
have been given certain immunities from civil and criminal liabilities.

(m) Child Labour (Prohibition & Regulation) Act No 61 of 1986: The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes, Employment
Child Labour is prohibited in Building and Construction Industry.

(n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of service) Act
1979: The Act 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 in the establishment situated in another State). The inter State migrant
workmen, in an establishment to which this Act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, travelling expenses from home
upto the establishment and back, etc.

(o) The Building and Other Construction workers (regulation of Employment and conditions of
service) Act No 27 of 1996 and the Cess Act No 28 of 1996: All the establishments who
carryon 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
Department 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
Department to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.

(p) Factories Act No 63 of 1948: The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours, annual
earned leave and rendering information regarding accidents or dangerous occurrences to
designated authorities. It is applicable to premises employing 10 person or more with aid

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 of power or 20 or more persons without the aid of power engaged in manufacturing
process.

70 Liabilities of the Contractor

70.1 Accident Relief and workmen compensation:
The contractor should make all necessary arrangements for the safety of workmen on the
occurrence of the accident, which results in the injury or death of any of the workmen
employed by the contractor, the contractor shall within 24 hours of the happenings of the
accident and such accidents should intimate in writing to the concerned Asst. Engineer /
Asst. Executive Engineer of the Department the act of such accident. The contractor shall
indemnify Government against all loss or damage sustained by the Government resulting
directly or indirectly from his failure to give intimation in the manner aforesaid including the
penalties or fines if any payable by Govt. as a consequence of Govt. failure to give notice
under workmen’s compensation Act or otherwise conform to the provisions of the said Act.
In regard to such accident.

70.2 In the event of an accident in respect of which compensation may become payable
under the workmen’s compensation Act VIII 23 whether by the contractor, by the
Government it shall be lawful for the Executive Engineer to retain such sum of money
which may in the opinion of the Executive Engineer be sufficient to meet such liability.
The opinion of the Executive Engineer shall be final in regard to all matters arising
under this clause.

70.3 The contractor shall at all times indemnify the Govt. of A.P. against all claims which
may be made under the workmen’s compensation act or any statutory modification
thereafter or rules thereunder or otherwise consequent of any damage or
compensation payable in consequent of any accident or injuries sustained or death of
any workmen engaged in the performance of the business relating to the contractor.

71 Contractor’s Staff, Representatives and Labour:

(a) The contractor shall, at all times, maintain on the works, staff of qualified Engineers,
and Supervisors of sufficient experience of similar other jobs to assure that the quality
of work turned out shall be as intended in the specifications. The contractor shall also
maintain at the works, a Work Manager or sufficient status, experience and office and
duly authorize him to deal with all aspects of the day-today work. All communications
to any commitments by the Work Manager shall be considered as binding on the
Contractor.

(b) The Contractor shall at all times submit details of skilled and unskilled labour and
equipment employed to the Engineer-in-Charge in prescribed proforma as he may
require to assess and ensure the proper progress of work.

(c) If the contractor does not employ the technical person agreed to on the work a fine of
Rs.25,000/- will be imposed. If he does not employ for 30 days, thereafter it becomes
a fundamental breach of contract.

72 Accommodation and food:

The contractor should arrange accommodation he needs, at his own cost. The contractor
shall make his own arrangements for supply of food grains, fuel and other provision to his
staff and labourers including controlled commodities.
73 Relationship :
Contractor shall have to furnish information along with tender, about the relationship he is
having with any officer of the Department, Government of Telangana of the rank Assistant

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 Engineer and above engaged in the work and any officer of the rank of Assistant Secretary
and above of the Department of Government of Telangana .

74 Protection of adjoining premises:

The contractor shall protect adjoining sites against structural, decorative and other
damages that could be caused by the execution of these works and make good at his cost
any such damages.
75 Work during night or on Sundays and holidays:
The works can be allowed to be carried out during night, Sundays or authorized holidays in
order to enable him to meet the schedule targets and the work shall require almost round
the clock working keeping in view of :

(i) The provisions of relevant labour laws being adhered to:

(ii) Adequate lighting, supervision and safety measures are established to the
satisfaction of the Engineer-in-Charge and

(iii)The construction programme given by the Contractor and agreed upon by the
Engineer-in-Charge envisages such night working or working during Sundays or
authorized holidays.
76 Layout of materials stacks:
The contractor shall deposit materials for the purpose of the work on such parts only of the
ground as may be approved by the Engineer-in-Charge before starting work. A detailed
survey, clearly indicating position and areas where materials shall be stacked and sheds
built is to be conducted by the contractor at his own cost and only after obtaining necessary
approval of the plan for use of sites by the Engineer-in-Charge, the Contractor can use the
sites accordingly.

77 Use of blasting materials:

Procurement of blasting materials and its storage is the responsibility of the contractor.
The contractor shall engage licensed blaster for blasting operation. The contractor is to act
in accordance with Indian Explosive Act and other rules prevailing, during the execution of
work. It is the responsibility of the contractor to see, that works by other agencies in the
vicinity are not hampered, in such cases if any claim is made by other agencies that should
be borne by the contractor. Carriage of blasting materials, from the magazine to the work
site, is the responsibility of the contractor.

78 Equipment:
78.1 The contractor shall have sufficient equipment and labour and shall work such hours
and shifts as may be necessary to maintain the progress on the work as per the
approval progress schedule. The working and shifts hours shall comply with the Govt.
Regulations in force.

78.2 It is to expressly and clearly understood that contractor shall make his own
arrangements to equip himself with all machinery and special tools and plant for the
speedy and proper execution of the work and the department does not undertake
responsibility towards their supply.
78.3 The department shall supply such of the machinery that may be available on hire basis
but their supply cannot be demanded as matter of right and no delay in progress can
be attributed to such non-supply of the plant by the department and the department
cannot be made liable for any damage to the contractor. The Contractor shall be
responsible for safe custody of the departmental machinery supplied to him (which will
be delivered to contractor at the machinery yard at site of work) and he has to make
good all damages and losses if any other than fire, wear and tear to bring it to the
conditions that existed at the time of issue to the contractor before handing over the
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 same to the department. The hire charges for the machinery handed over to the
contractor will be recovered at the rate prevalent at the time of supply. The contractor
will have to execute supplemental agreement with Executive Engineer at the time of
supply of the machinery.

78.4 The acceptance of departmental machinery on hire is optional to the contractor.

79 Steel forms:
Steel forms should be used for all items involving and use of centering and shuttering shall
be single plane without any dents and undulations.

80 Inconvenience to public:
The contractor shall not deposit materials at any site, which will cause inconvenience to
public. The Engineer-in-Charge may direct the contractor to remove such materials or may
undertake the job at the cost of the contractor.

81 Conflict of interest:
Any bribe, commission, gift or advantage given, promised or offered by on behalf of
contractor or his partner, agent or servant or any one on his behalf to any officer, servant,
representatives, agents of Engineer-in-Charge, or any persons on their behalf, in relation to
the obtaining or to execution of this, or any other contract with Engineer-in-Charge shall in
addition to any criminal liability, which it may occur, subject to the cancellation of this or all
other contracts and also to payment of any loss or damage resulting from any such
cancellation. Engineer-in-Charge shall then be entitled to deduct the amount, so payable
from any money, otherwise due to the contractor under this or any other contract.

82 Contract documents and materials to be treated as confidential:

All documents, correspondences, decisions and orders, concerning the contract shall be
considered as confidential and/or restricted in nature by the contractor and he shall not
divulge or allow access to them by any unauthorized person.

83 General obligations of Contractor:

83.1 The contractor shall, subject to the provision of the contract and with due care and
diligence, execute and maintain the works in accordance with specifications and
drawings.

83.2 The contractor shall promptly inform the Department and the Engineer-in-Charge of
any error, omission, fault and such defect in the design of or specifications for the
works which are discovered when reviewing the contract documents or in the process
of execution of the works.

83.3 If Contractor believes that a decision taken by the Engineer-in-Charge was either
outside the authority given to the Engineer-in-Charge by the Contract or that the
decision was wrongly taken, the decision shall be referred to the technical expert within
14 days of the notification of the Engineer-in-Charge’s decisions.

83.4 Pending finalization of disputes, the contractor shall proceed with execution of work
with all due diligence.

84 Security measures:
a) Security requirements for the work shall be in accordance with the Government’s general
requirements including provisions of this clause and the Contractor shall conform to such
requirements and shall be held responsible for the actions of all his staff, employees and
the staff and employees of his sub-contractors.

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 b) All contractors’ employees, representatives and sub-contractor’s employees shall wear
identifications badges provided by the contractor. Badges shall identify the contractor,
showing and employee’s number and shall be worn at all times while at the site. Individual
labour will not be required to wear identification badges.

c) All vehicles used by the contractor shall be clearly marked with contractor’s name.

d) The contractor shall be responsible for the security of the works for the duration of the
contract and shall provide and maintain continuously adequate security personnel to fulfill
these obligations. The requirements of security measures shall include, but not limited to
maintenance of order on the site, provision of all lighting, fencing, guard flagmen and all
other measures necessary for the protection of the works within the colonies, camps and
elsewhere on the site, all materials delivered to the site, all persons employed in
connection with the works continuously throughout working and non working period
including nights, Sundays and holidays for duration of the contract.

e) Other contractors working on the site concurrently with the contractor will provide security
for their own plant and materials. However, their security provisions shall in no way relieve
the contractor of his responsibilities in this respect

f) Separate payment will not be made for provision of security services.

85 Fire fighting measures:

a) The contractor shall provide and maintain adequate firefighting equipment and take
adequate fire precaution measures for the safety of all personnel and temporary and
permanent works and shall take action to prevent damage to destruction by fire of trees
shrubs and grasses.

b) Separate payment will not be made for the provision of fire prevention measures.

86 Sanitation:
The contractor shall implement the sanitary and watch and ward rules and regulations for
all forces employed under this contract and if the Contractor fails to enforce these rules, the
Engineer-in-Charge may enforce them at the expenses of the Contractor.

87 Training of personnel:
The contractor, shall, if and as directed by the Engineer-in-Charge provide free of any
charge adequate facilities, for vocational training of Government Officers, students,
Engineers, supervisors, foremen, skilled workmen etc. not exceeding six in number at any
one time on the contractor’s work. Their salaries, allowances etc. will be borne by the
Government and the training schemes will be drawn up by the Engineer-in-Charge in
consultation with the contractor.

88 Ecological balance:
a) The contractor shall maintain ecological balance by preventing de-forestation, water
pollution and defacing of natural landscape. The contractor shall so conduct his
construction operation as to prevent any unnecessary destruction, scarring, or defacing of
the natural surroundings in the vicinity of the work. In respect of the ecological balance,
Contractor shall observe the following instructions.
i) Where unnecessary destruction, scarring, damage or defacing may occur, as result
of the operation, the same shall be repaired replanted or otherwise corrected at the
contractor’s expense. The contractor shall adopt precautions when using
explosives, which will prevent scattering of rocks or other debris outside the work
area. All work area including borrow areas shall be smoothened and graded in a
manner to conform to the natural appearances of the landscape as directed by the
Engineer-in-Charge.
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 ii) All trees and shrubbery which are not specifically required to be cleared or
removed for construction purposes shall be preserved and shall be protected from
any damage that may be caused by the contractor’s construction operation and
equipment. The removal of trees and shrubs will be permitted only after prior
approval by the Engineer-in-Charge. Special care shall be exercised where trees
or shrubs are exposed to injuries by construction equipment, blasting, excavating,
dumping, chemical damage or other operation and the contractor shall adequately
protect such trees by use of protective barriers or other methods approval by the
Engineer-in-Charge. Trees shall not be used for anchorages. The contractor shall
be responsible for injuries to trees and shrubs caused by his operations. The term
“injury” shall include, without limitation bruising, scarring, tearing and breaking of
roots, trunks or branches. All injured trees and shrubs be restored as nearly as
practicable without delay to their original condition at the contractor’s expense.

(iii) The contractor’s construction activities shall be performed by methods that will
present entrance or accidental spillage of solid matter contaminants, debris and
other objectionable pollutants and wastage into river. Such pollutant and waste
include earth and earth products, garbage, cement concrete, sewage effluent,
industrial wastes, radio-active substances, mercury, oil and other petroleum
products, aggregate processing, mineral salts and thermal pollution. Pollutants and
wastes shall be disposed off in a manner and at sites approved by the Engineer-in-
Charge.

(iv) In conduct of construction activities and operation of equipments the contractor

shall utilize such practicable methods and devices as are reasonably available to
control, prevent and otherwise minimize the air pollution. The excessive omission
of dust in to the atmosphere will not be permitted during the manufacture, handling
and storage of concrete aggregates and the contractor shall use such methods and
equipment as a necessary for collection and disposal or prevention of dust during
these operation. The contractor’s methods of storing and handling cement shall
also include means of eliminating atmospheric discharges of dust, equipment and
vehicles that give objectionable omission of exhaust gases shall not be operated.
Burning of materials resulting from clearing of trees, bushes, combustible
construction materials and rubbish may be permitted only when atmospheric
conditions for burning are considered favourable.

b) Separate payment will not be made for complying with the provisions of this clause
and all cost shall be deemed to have been included in the unit rates and prices included in
the contract if any provision is not complied with within a reasonable time even after issue
of a notice in this respect, the necessary operations would be carried out by the Engineer-
in-Charge at the cost of the Contractor, Orders of the Engineer-in-Charge in this respect
would be final and binding on the contractor.
89 Preservation of existing vegetation:
a) The contractor will preserve and protect all existing vegetation such as trees, on or
adjacent to the site which do not unreasonably interfere with the construction as may be
determined by the Engineer-in-Charge. The contractor will be held responsible for all
unauthorized cutting or damage of trees, including damage due to careless operation of
equipment, stockpiling of materials or trekking of grass areas by equipment. Care shall be
taken by the Contractor in felling trees authorized for removal to avoid any unnecessary
damages to vegetation and tress that are to remain in place and to structures under
construction or in existence and to workmen.

b) All the produce from such cutting of trees by the contractor shall remain the property of
Government and shall be properly stacked at site, approved by the Engineer-in-Charge.
No payment whatsoever shall be made for such cutting and its stacking by the Contractor.
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 If any produce from such cutting is not handed over to the Government by the contractor,
he shall be charged for the same at the rates to be decided by the Engineer-in-Charge.
The recovery of this amount shall be made in full from the intermediate bill that follows.
c) The contractor shall also make arrangements of fuel deposits for supply of required fuel for
the labourer to be employed for cooking purpose at his own cost in order to prevent
destruction of vegetation growth in the surrounding area of the work site.

90 Possession prior to completion:

The Engineer-in-charge shall have the right to take possession of or use any completed
part of work or works or any part thereof under construction either temporarily or
permanently. Such possession or use shall not be deemed as an acceptance of any work
either completed or not completed in accordance with the contract with in the interest of
Clause 28 of APSS except where expressly otherwise specified by the Engineer-in-charge.

91 Payment upon termination:

If the contract is terminated because of a fundamental breach of contract by the contractor,
the Engineer-in-Charge shall issue a certificate for the value of the work done less advance
payment received upon the date of the issue of the certificate and less the percentage to
apply to the work not completed as indicated in the contract data. Additional liquidated
damages shall not apply. If the total amount due to the Department exceeds any payment
due to the contractor the difference shall be a debt payable to the Department. In case of
default for payment within 28 days from the date of issue of notice to the above effect, the
contractor shall be liable to pay interest at 12% per annum for the period of delay.

92 Access to the contractor’s books:

Whenever it is considered necessary by the Engineer-in-Charge to ascertain the actual
cost of execution of any particular extra item of work or supply of the plant or material on
which advance is to be made or of extra items or claims, he shall direct the contractor to
produce the relevant documents such as payrolls, records of personnel, invoices of
materials and any or all data relevant to the item or necessary to determine its cost etc.
and the contractor shall when so required furnish all information pertaining to the aforesaid
items in the mode and manner that may be specified by the Engineer-in-Charge.

93 Drawing to be kept at site:

One copy of the drawings furnished to the contractor shall be kept by the contractor on the
site and the same shall at all reasonable time be available for inspection and use by the
Engineer-in-Charge and the Engineer-in-Charge’s representative and by any other persons
authorized by the Engineer-in-Charge in writing.

94 B.I.S. [I.S.I.] books and APSS to be kept at site:

A complete set of Indian Standard specification referred to in “Technical Specifications”
and A.P.S.S. shall be kept at site for reference.

95 Site Order Book:

An order book shall be kept at the site of the work. As far as possible, all orders regarding
the work are to be entered in this book. All entries shall be signed and dated by the
Department Officer in direct charge of the work and by the contractor or by his
representative. In important cases, the Executive Engineer or the Superintending Engineer
will countersign the entries, which have been made. The order book shall not be removed
from the work, except with the written permission of the Executive Engineer.

96 Variations by way of modification, omissions or additions:

For all modifications, omissions from or additions to the drawings and specifications, the
Executive Engineer will issue revised plans, or written instructions, or both and no

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 modification, omission or addition shall be made unless so authorized and directed by the
Executive Engineer in writing.

The Executive Engineer shall have the privilege of ordering modifications, omission or
additions at any time before the completion of the work and such orders shall not operate
to annual those portions of the specifications with which said changes do not conflict.

Engineer-in-Charge’s Decision:
It shall be accepted as in separable part of the contract that in matters regarding materials,
workmanship, removal of improper work, interpretation of the contract drawings and
contract specification, mode of the procedure and the carrying out o the work, the decision
of the Engineer-in-Charge, which shall be given in writing shall be binding on the
contractor.
97 Care and diversion of river/stream:
The contractor shall submit details regarding the diversion and care of river or stream
during construction of the work along with a separate print-out of the time table showing
earliest and latest start and finish dates of various activities. He should submit a detailed
layout plan with drawings for the diversion and care of river during construction of work.
The above arrangements shall be at contractor’s cost.
98 Income tax
a) During the currency of the contract deduction of income tax at 2.24% shall be made from
the gross value of each bill of the contract, the contract value of which is in excess of
Rs.10,000/- for deduction of tax at rates lower than 2.24% procedure stipulated under
section 194-C(4) of Income Tax Act, 1961 shall be followed.
b) The contractor’s staff, personnel and labour will be liable to pay personnel income taxes in
respect of their salaries and wages as are chargeable under the laws and regulations for
the time being in force, and the contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him by such laws and regulations

99 Reimbursable amounts -As per schedule A part II

99.1 Seigniorage charges:

(i) Seigniorage charges will be recovered as per G. O. Ms. No. 67; Dt. 26-09-2015 of
Industries & Commerce (M.I) Dept. and [Link]. 71 Industries & Commerce
(M.I) [Link]: 30/11/2016 from the work bills of the contractor based on the
theoretical requirement materials at the following rates.
(ii) Seigniorage charges will be recovered as per rules from the work bills of the
contractor based on the theoretical requirement materials at the following rates.

Sl. Material Seigniorage

No.
1. Sand Rs: 40.00 / cum
2. Metal/Stone dust Rs: 75.00 / cum
3. R.R. stone for masonry Rs: 75.00 / cum
4. Revetment stone. Rs: 75.00 / cum
5. C.R.S stone Rs: 75.00 / cum
6. Gravel./ Soil borrowed Rs: 30.00 / cum
7. Earth used for formation Rs: 30.00 / cum
obtained by carting from outside
(R&B) Road boundaries.

(iii) The rates are liable to be revised and amended from time to time by the State
Government, by notification in the ‘Telangana Gazettee’. If the revised
seigniorage fee is more than the above mentioned, the recovery from the
contractor’s bills is as per revised [Link] per the [Link].77 I&CAD Dept.,
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 Dated:15-04-2006, any escalation in these charges beyond the provisions of
the agreement are to be borne by the department debiting such escalated
amount to the works estimate concerned.

(iv) As per Vigilance & Enforcement vide appraisal Note No. 84, Dated. 04-07-
2003. it is ordered that the “Seigniorage Fee shall be recovered at the rates
prevailing as on the date of recordings of the measurements in [Link]
irrespective of agreement date”

99.2 NAC:
An amount of 0.10% of the gross bills will be deducted from contractors as
contribution to the National Academy of Construction, Hyderabad.

99.3 Works Contract GST

(i) Works contract GST is considered @ 12% on the total value of work
done. If there is any change in the prevailing GST regime of WCT GST,
the same shall be effected accordingly. The method of payment and
applicability of WCT GST shall be in tune with the WCT GST guidelines
to be issued by the Government from time to time under the provisions of
GST Act 2017.
99.4 Labour Cess

The building and other construction workers welfare cess rules 1996 (cess act) and the cess rules,
1098 and as defined in section 2(d) of the main Act from 26-06-2007, to remit 1
% cess on all the bills paid to the contractors

100. Supply of construction materials:

i) The contractor has to make his own arrangements for procurements, supply and
use of construction materials.

ii) All materials so procured should confirm to the relevant specifications indicated in
the bidding documents.

iii) The contractor shall follow all regulations of the Department/Government of India
in respect of import licenses etc., of the procurement of the materials is through
imports and he shall be responsible for the payment of applicable duties and
taxes, port clearances, inland transportation etc.

iv) The contractor shall make his own arrangements for adequate storage of the
materials.
101. Designs and drawings

(i) The contractor shall vet the DPRs and come out with modifications if any required
in the designs for better performance of project. Such modifications to the designs
and components as per site conditions shall be done in consultation and approval
by the authority.
(ii) The contractor shall follow all relevant BIS codes / circulars issued by the
department from time to time for various components of works. In case of difference
of opinion on technical matters between the contractor and the Engineer in charge,
the decision of the approving authority of the department shall be final and binding
on the contractor.
(iii) The bidder shall furnish the designs and drawings for ELSRs/ ELBRs/ GLSRs/
GLBRs after conducting detailed survey and investigations within 15 days after
conclusion of agreement for approval by the competent authority.
(iv) The department shall approve the designs and communicate to the contractor.

[Any other special conditions applicable to the work put to Tender.]

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VOLUME II

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TECHNICAL SPECIFICATIONS

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DRAWINGS

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1.0 DRAWINGS:
1.1 The plans enclosed with the tender are liable to the altered during execution of work as per
necessity of site conditions. The premium quoted by the contractor for various items shall
hold good for execution of work even with altered plans.

1.2 One set of drawings, on the basis of which actual execution of the work is to proceed shall
be furnished free of cost to the contractor by the Superintending Engineer / Executive
Engineer progressively according to the work program submitted by the contractor and
accepted by the Superintending Engineer / Executive Engineer

1.3 However, no extra claims by the contractor toward any delay in issue of drawing or issue of
any revision / change to the drawings issued earlier shall be admissible.

2.0 DISCREPANCIES:
2.1 In case of discrepancies between documents the following order of procedure shall apply:-

2.1.1 Between the written description of written dimensions in the drawings and the
corresponding one in the specifications, the latter shall apply.

2.1.2 Figured dimensions shall supersede scaled dimensions. The drawings on a larger
scale shall take precedence over those on a smaller scale.

2.1.3 Drawings issued as construction drawings from time to time shall supersede tender
drawings and also the correspondence drawings previously issued.

Note: The contractor should not execute any component of work without obtaining the
working drawings. Any work done without drawings shall be at the contractor’s
responsibility only. Acceptance for such work will be at the discretion of the
Executive Engineer.

3.0 SECRECY CLAUSE

The drawings and specifications made available to the tenderer shall exclusively be used
on the work and they are retained from passing on each plan to any unauthorized hand
either in parts or in full under the provisions of Section-3 and 5 of the official secrets Act
1923. Any violation in this regard will entail suitable action under appropriate clause or
official secret Act 1923.

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VOLUME III

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BILL OF QUANTITIES
AND
PRICE BID

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 BILL OF QUANTITIES
PREAMBLE

NAME OF WORK:-_______________________ Municipality -

________________________________________________________________________________
___.

1. The Bill of Quantities shall be read in conjunction with the instructions to Tenderers,
General and Special conditions of Contract Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional and are given to
provide common basis for tendering. The quantities here given are those upon which the
lumpsum tender cost of the work is based but they are subject to alterations, omissions,
deductions or additions as provided for in the conditions of this contract and do not
necessarily show the actual quantities of work to be done. The basis of payment will be
actual quantities of work ordered and carried out as measured by the Contractor and
verified by the Engineer and valued at the estimate rate plus or minus tender percentage
quoted in the Bill of Quantities where ever applicable, and otherwise at such rates and
prices as the Engineer-in-Charge may fix within the terms of Contract.

3. The estimate rates in the Bill of Quantities shall, except in so-far as it is otherwise provided
under the Contract include cost of all constructional material, labour, machinery,
transportation, erection, maintenance, profit, taxes and duties together with all general
risks, liabilities and obligations set out or implied in the Contract.

4. The plans enclosed with the tender are liable to be altered during execution of work as per
necessity of site conditions. The Tender percentage quoted by the tenderer shall hold
good for execution of work even with altered plans.

5. The whole cost of complying with the provisions of the Contract shall be included in the
estimated rates for items provided in the Bill of Quantities and where no items are provided
in the Bill of Quantities, their cost shall be deemed to be distributed among the estimate
rates entered for the related items of work.

6. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering estimate rate against each item in the Bill of
Quantities.

7. The method of measurements of completed work for payment shall be in accordance with
the relevant B.I.S. Codes & A. P. S. Specifications.

8. All items of work are to be executed as per the drawings / specifications supplied with the
contract documents.

If there is any contradiction between the drawings and the text of the specifications, the
later shall prevail.

9. The Tenderer should inspect and select the quarries of his choice before he quotes the
tender percentage in the Schedule of Bill of Quantities and satisfy himself about the
availability of required quantum of materials.

10. Diversion drains should be excavated before completion of the embankments and the
useful soils should be used in the nearby embankments.

11. The actual mix proportion by weight to be adopted during execution will be got designed in
the laboratories to suit the grade of concrete and mortar to be used. It will be the
responsibility of the contractor to manufacture concrete and mortar of required strength.
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12. The quantum of measurement for all items of earthwork involving conveyance manually or
by machinery shall be as assessed by level measurement. The measurements for the
embankment will be for the consolidated banks only.

13. Deleted.

14. Wherever embankment work is involved, useful soils approved by the Engineer-in-Charge
from the cutting reaches and diversion drains shall be taken and used for forming nearby
embankments soils used for constructions will be at free of cost.

15. The quoted tender percentage shall also include the work of any kind necessary for the
due and satisfactory construction, completion and maintenance of the works according to
the drawings and these specifications and further drawings and orders that may be issued
by the Engineer-in-Charge from time to time. The quoted tender percentage shall include
compliance by the Contractor with all the general conditions of contract, whether
specifically mentioned or not in the various clauses of these specifications, all materials,
machinery, plant, equipment, tools, fuel, water, strutting, timbering, transport, offices,
stores, workshop staff, labour and the provision of proper and sufficient protective works,
diversions, temporary fencing and lighting. It shall also include safety of workers, first aid
equipments suitable accommodation for the staff and workmen, with adequate sanitary
arrangements, the effecting and maintenance of all insurances, the payment of all wages,
salaries, fees, royalties / Taxes, duties or other charges arising out of the execution of
works and the regular clearance of rubbish, reinstatement and clearing-up of the site as
may be required on completion of works safety of the public and protection of the works
and adjoining land (except for the items reimbursable as indicated in the Part-II). The
expenditure towards quality control / assurance shall be deemed to be covered in the
quoted percentage.

16. The Contractor shall ensure that, the quoted tender percentage shall cover all stages of
work such as setting out, selection of materials, selection of construction methods,
selection of equipment and plant, deployment of personnel and supervisory staff, quality
control testing etc. The work quality assurance shall be deemed to be covered in the
tender percentage.

17. a) The special attention of the tenderer is drawn to the conditions in the tender notices
wherein reference has been made to the Andhra Pradesh Standard Specifications
[APSS] and the Standard preliminary specifications containing therein. These
preliminary specifications shall apply to the agreement to be entered into between
the contractor and the Government of Telangana and shall form an in-separable
condition of the contract along with the estimate. All these documents taken
together shall be deemed to form one contract and shall be complimentary to
another.

b) The tenderer shall examine, closely the A.P.S.S / MORTH and also the standard
preliminary specifications contained therein and sign the Superintending Engineer’s
office copy of the APSS / MORTH and its addenda volume in token of such study
before submitting his overall tender percentage which shall be for finished work in-
situ. He shall also carefully study the drawings and additional specifications and all
the documents, which form part of the agreement to be entered into by the
successful tenderer. The APSS / MORTH and other documents connected with
contract such as estimate plans, specifications, can be seen on all working days in
the office of the Superintending Engineer (PH)___________________________.
18. The tenderers attention is directed to requirements for materials under the clause
‘materials and workmanship’ in the preliminary specifications of APSS. Materials
conforming to the Bureau of Indian Standards specifications, APSS etc., shall be used on
the work and the tenderers shall quote his overall tender percentage accordingly.

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19. The tenderer has to do his own testing of materials and satisfy himself that they conform to
the specifications of respective B.I.S. Codes before tendering.

20. The contractor shall himself procure the required construction materials of approved quality
including the earth for formation of embankment and water from quarries / sources of his
choice. All such quarries / sources of materials required for the work shall be got approved
by the Engineer-in-Charge in writing well before their use of the work.

21. The contractor shall himself procure the steel, cement, Bitumen, Blasting materials, sand,
metal, soils, etc., and such other materials required for the work well in advance. The
contractor has to bear the cost of materials for conveyance. The department will not take
any responsibility for fluctuations in market in cost of the materials(unless otherwise
specified), transportation and for loss of materials etc.

22. Inspection of site and quarries by the tenderer: Every tenderer is expected before quoting
his overall tender percentage, to inspect the site of proposed work. He should also inspect
the quarries and satisfy himself about the quality, and availability of materials. The best
class of materials to be obtained from quarries, or other sources shall be used on the work.
In every case the materials must comply with the relevant standard specifications.
Samples of materials as called for in the standard specifications or in this tender notice, or
as required by the Executive Engineer, in any case, shall be submitted for the Executive
Engineer’s approval before the supply to site of work is begun.

23. The tenderer’s particular attention is drawn to the sections and clauses in the A.P. standard
specification dealing with

a) Test, inspection and rejection of defective materials and work.

b) Carriage
c) Construction plant
d) Water and lighting
e) Cleaning up during the progress and for delivery.
f) Accidents
g) Delays
h) Particulars of payments.

The contractor should closely peruse all the specification clauses, which govern the overall
tender percentage he is tendering.

24. The defect liability period of contract in is Twenty four months.

25. The estimate rates for items shown in the Schedule “A” include all construction materials.
The tenderer has to quote an overall tender percentage considering all the aspects of the
tender to complete the finished item of work as per the APSS / MORTH / B.I.S.
specifications, the special specifications appended, Drawings etc.

26. If there is any contradiction between APSS / MORTH and B.I.S. specifications, listed and
detailed technical specifications, the latter shall prevail.

27. In case of a job for which specifications are not available with the Schedule or in APSS /
MORTH or B.I.S. code and are required to be prescribed, such work shall be carried out in
accordance with the written instructions of the Engineer-in-charge.

28. The contractor should use the excavated useful soils and stone for construction purpose.
Soils used for construction either for homogeneous section in hearting or in casing zone
based on the suitability will be at free of cost and the cost of stone used for construction
purpose will be recovered from the contractors’ bill.

The contractor should quote his tender percentage keeping in view of the above aspects.
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29. Additions and alternations by the Tenderer in the Schedule of quantities will disqualify the
tender.

30. In the case of discrepancies between the written description of the item in the Schedule “A”
and the detailed description in the specification of the same item, the latter shall be
adopted.

31. The Unit rates noted below are those governing payment of extras or deductions for
omissions according to the conditions or the contract as set-forth in the preliminary
specifications of the A.P. standard specifications and other conditions of specification of
this contract.

32. It is to be expressly understood that the measured work is to be taken according to the
actual quantities when in place and finished according to the drawings or as may be
ordered from time to time by the Executive Engineer and the cost calculated by
measurement or weight at their respective rates without any additional charge for any
necessary or contingent works connected works connected herewith. The Percentage
Excess or less on ECV quoted are for works in situ and complete in every respect.

33. For all items of work in excess of the quantities indicated in the schedule A, the rates
payable for such excess quantities will be tendered rates i.e., estimate rates plus or minus
overall tender percentage.

34. For all items of work, intermediate payment will be made provisionally as per relevant
clause. Full-accepted agreement rates will be paid only after all the items of works are
completed.

35. The contractor is bound to execute all supplemental works that are found essential
incidental and inevitable during execution of main work.

36. The payment of rates for supplement items of work will be regulated as under.

Supplemental items directly deductible from similar items in the original agreement.

The rates shall be derived by adding to or subtracting from the agreement rate of such
similar item, the cost of the difference in the quantity of materials, labour between the new
items and similar items in the agreement worked out with reference to the standard
schedule of rates adopted in the sanctioned estimate with which the tenders are accepted.

a) Similar items but the rates of which cannot be directly deduced from the original
agreement.

b) Purely new items which do not correspond to any item in the agreement.

The rate of all such items shall be estimated rate plus or minus overall tender percentage.

37. ENTRUSTMENT OF ADDITIONAL ITEMS.

a) Where ever additional items not contingent on the main work and outside the scope of
original agreement are to be entrusted to the original contractor dispensing with tenders
and if the value of such items exceeds the limits upto which the officer is empowered to
entrust works initially to contractor without calling for tenders approval of next higher
authority shall be obtained. Entrustment of all such items on nomination shall be rates not
exceeding the estimate rates.

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b) Entrustment of supplement items contingent on the main work will be authorized by the
officers upto the monetary limits upto which they themselves are competent to accept items
in the original agreement so long as the total amounts upto which they are competent to
accept in an original agreement, the rates for such items shall be worked in accordance
with the procedure prescribed in GO [Link].1493 PWD, dated:-25.10.1971 and as
amended in Govt. Memo number 544 cod 72-22 dt:6.7.1973.

c) Entrustment of either the additional or

d) Supplemental items shall be further subject to the provisions under Para 176 (e) of APWD
Code Viz., the items shall not be ordered by an officer on his own responsibility if the
revised estimate or deviation statement providing for the same requires the sanction of
higher authority.

Note: It may be noted that the term estimate rate used above means the rate in the sanctioned
estimate with which the tenders are accepted or if no such rate is available in the estimate
the rate derived will be with reference to the standard schedule of rates adopted in the
sanctioned estimate with which tenders are accepted.

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 - 84 -

BILL OF QUANTITIES
[Part-I ]

NAME OF WORK:

Estimate
Approximate Unit
Sl. Specification Rate
quantity In
N Description of work No / APSS / In Amount inRs.
In figures/ figures
o BIS / MORTH figures /
words / words
words

SEPARATE SHEETS
ENCLOSED

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 85 -

BILL OF QUANTITIES - SCHEDULE -A

Part-II

Details of Statutory Taxes

1. Works contract GST :

2. NAC @0.1% :

3. Seignorage :

4. Labourcess :

The bidders are eligible for reimbursement of amount towards GST , LabourCess, Seigniorage charges and NAC.

TDS from GST will be recovered as per the instructions issued by the Government from time to time.

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 86 -

FORMATS OF SECURITIES

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 87 -

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 88 -

PROFORMA
BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

WHEREAS ……………………………………………………….. (Name of the Contractor) (here in after

called “the Bidder”) has submitted his tender response to NIT No………………………. dated:
…………………… for the work “
………………………………………………………………………………………………..” (Name of work)
(hereinafter called “the tender”).

KNOWN ALL MEN by these present that we …………………………

…………………………………………….……………. (Name and Address of Bank)
………………………………. (hereinafter called “the Bank” are bound unto) ……………………… / (name of
the designated S.E) in the sum of *
…………………………………………………………………………………………………….. for which
payment will and truly to be made to the said Department, the Bank binds itself, his successors and assigns by
these presents.

SEALED with the Common Seal of the Bank this …………….. day of ……………..20….

THE CONDITIONS of this obligation are:-

(1) If after Tender opening the bidder withdraws or modifies his Bid during the period of bid validity
specified in the Form of Tender.
(2) If the Bidder having been notified of the acceptance of his bid by the Department during the period of
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 balance EMD and additional performance Security in accordance with
the instructions of Bidders.

We undertake to pay to the Department up to the above amount upon receipt of his first written demand,
without the Department having to substantiate his demand, provided that in his demand the Department
will note the amount claimed by him is due to him owning to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date** …………………… after the dead line
for submission of Tenders as such deadline is stated in the Instructions to Tenders or as it may be
extended by the Department, 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 OF THE BANK ……………………..
WITNESS……………….. SEAL………………………………………………..
--------------------------------------------------------------------------------------------------------
(Signature, Name and Address)
--------------------------------------------------------------------------------------------------------
* The Bidder should insert the amount of the EMD in words and figures denominated in Indian Rupee.
This figure should be the same as shown in the NIT.
** 6 months from the deadline date for submission of Tender [As specified in NIT].

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 89 -

PROFORMA

BANK GUARANTEE FOR BALANCE “E.M.D.”

______________________________________________(name & address of Department)

______________________________________________

WHEREAS__________________________________________________ ________
_____________________________________________________________________ _____ __
_____________________(name and address of Contractor ) (hereinafter called “the Contractor”) has
undertaken, in pursuance of Contract No. ________ dated: ____________ to execute the work of
_________________ [name of work];

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a Schedule bank for the sum specified therein as balance EMD / EMD for
compliance with his obligations 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 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 thereunder or of any of the contract documents which may be made between you
and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.

This guarantee shall be valid upto ……………………….. i.e., until 28 days from the date of expiry of
the Defects Liability period.

Signature & seal of the Guarantor_____________________

Name of Bank_____________________________________
Address__________________________________________
Date_____________________________________________

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 90 -

PROFORMA

BANK GUARANTEE FOR ADDITIONAL FURTHER SECURITY

_______________________________________________(name and address of Department)

_______________________________________________

WHEREAS _______________________________ (name and address of Contractor ) (hereinafter

called “the Contractor”) has undertaken, in pursuance of Contract No. ________ dated: ____________ to
execute _________________________ [name of Contract and brief description of works] (hereinafter called
“the Contractor”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a Schedule bank for the sum specified therein as Additional further security bank
guarantee for compliance with his obligations 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 Rs._____________________ [amount of guarantee]
_________________________________ [in words], such sum being 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 you
and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.
This guarantee shall be valid up to and until 28 days from the date completion.

Signature & seal of the Guarantor_____________________

Name of Bank_____________________________________
Address__________________________________________
Date_____________________________________________

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 91 -

ANNEXURE I (B)

FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT FACILITIES

This is to certify that M/s./Sri ___________ is a reputed company/individual with a good financial
standing.

we shall be able to provide overdraft/credit facilities to the extent of Rs.______ lakhs to meet their
working capital requirements

Date: Signature of senior Bank Manager____________________

Place: Name of the Senior Bank Manager___________________

Address of the Bank _______________________________

ANNEXURE – I (A).
FORM OF SOLVENCY CERTIFICATE BY BANKS

I, ______________________________________________ Managing Director / Manager / General

Manager / Agent of _________________________________________ Bank Limited do hereby certify that
a __________________________________________ _______________________ [here the Names and
addresses of the contractor] to be solvent to the extent of Rs.__________________ [Rupees
__________________________ ________________________________] as disclosed by the information and
record which are available with the aforesaid bank.

For the ___________________________ Bank

Date:
Place:
Signature of Bank Manager
[Authorized to Sign]

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 92 -

Format for Power of Attorney for signing of Bid

Know all men by these presents, We, ……………………… (name of the firm and address of the
registered office)do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms(Name),
son/daughter/wife of ………………………….. and presently residing
at……………………….,who is presently employed with us/ the Lead Member of our Joint Venture
and holding the position of………………………………,as our true and lawful attorney (herein after
referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as
are necessary or required in connection with or incidental to submission of our bid for
the________________________________(Name of work)proposed or being developed by the
_____________________________(the“Authority”)including but not limited to signing and
submission of all applications, bids and other documents and writings, participate in bidders' and
other conferences and providing information/ responses to the Authority, representing us in all
matters before the Authority, signing and execution of all contracts including the Concession
Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our bid for the said Project
and/or up on award thereof to us and/or till the entering into of the Concession Agreement with the
Authority.

AND we hereby agree to ratify and confirm and do here by ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED

PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
……………. DAY OF……………, 20…...

For……………………………..
(Signature, name, designation and address)
Of person authorized by Board Resolution (in
Case of Firms/Company)/Partner in case of
Partnership Firms

Witnesses:

1.

2.

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 93 -

Notarized
Person identified byme/personally appeared before me
/signed before me/Attested/Authenticated*
(*Notary to specify as applicable)
(Signature, Nameand Address of the Notary)
Seal of the Notary Registration
Number of theNotary Date

Accepted

(Signature, name, designation and address of theAttorney)

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.

 Wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders
resolution/power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder.

 For a Power of Attorney executed and issued overseas, the document will also have
to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed the Hague Legislation
Convention, 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate.

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 94 -

FormatforPowerofAttorney
forLeadMemberofJoint Venture
Whereas the_______________________________________________
(“theAuthority”)has invited bids from interested parties for
the__________________________________ (“the Project”).Whereas, ……………….,
…………….. and
…………………..(collectively the“Joint Venture”)being Members of the Joint Venture
are interested in bidding for the Project in accordance with the terms and conditions of the
Request for Proposal and other connected documents in respect of the Project, and

Whereas,it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and Authority to do for and on behalf of the
Joint Venture,all acts,deeds and things as may be necessary in connection with the Joint
Venture’s bid for the Project and its execution.

NOWTHEREFORE KNOWALLMENBY THESE PRESENTS

We, ……………..having our registered office at …………………., M/s.

…………………..,having our registered office at ………………., and M/s.
………………..,having our registered office at…………………….,(hereinafter
collectively referred to as the “Principals”)do here by irrevocably designate, nominate,
constitute, appoint and authorize M/s……………….., having its registered office at
………………,being one of the Members of the Joint Venture, as the Lead Member and
true and lawful attorney of the Joint Venture (herein after referred to as the “Attorney”)
and here by irrevocably authorize the Attorney (with power to sub-delegate) to conduct all
business for and on behalf of the Joint Venture and anyone of us during the bidding
process and, in the event the Joint Venture is awarded the Concession/Contract, during the
execution of the Project, and in this regard, to do on our behalf and on behalf of the Joint
Venture, all or any of such acts, deeds or things as are necessary or required or incidental
to the submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, accept the Letter of
Award, participate in bidders’ and other conferences, respond to queries, submit
information/documents, sign and execute contracts and undertakings consequent to
acceptance of the bid of the Joint Venture and generally to represent the Joint Venture in all
its dealings with the Authority, and/ or any other Government Agency or any person, in all
matters in connection with or relating to or arising out of the Joint Venture’s bid for the
Project and/or up on award there of till the Concession Agreement is entered into with the
Authority.

AND we here by agree to ratify an confirm and do here by ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 95 -

exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Attorney in exercise of the powers here by conferred shall and
shall always be deemed to have been done by us/Joint Venture.

IN WITNESS WHERE OF WE THE PRINCIPALS ABOVE NAMED HAVE

EXECUTED
THIS POWER OFATTORNEY ON THIS……………..DAY OF……………20……..
For……………….

(Signature, Name&Title)
For……………….

(Signature, Name&Title)

For……………….

(Signature, Name&Title)

Witnesses:

1.
2.
(Executants)
(To be executed by all the Members of the Joint
Notes:
Venture)

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER /Agreement entering

Authority
 - 96 -

 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as are solution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to
be legalized by the Indian Embassy and notarized in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention, 1961 are not required to
be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

Joint Venture Memorandum of Understanding Bidding Agreement

Delete

BIDDER / CONTRACTOR SUPERINTENDING ENGINEER, UNIT-I, TUFIDC

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