BID DOCUMENTS

DIRECTORATE OF TOURISM, SHILLONG, MEGHALAYA

DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA

(EPC MODE)
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Contents of Tender Document

Section I Instruction to Bidders (ITB)

Section II Bid Data Sheets (BDS)

Evaluation and Qualification Criteria - Bidding

Section III
Forms

Section IV Bidding Forms

Section V Eligible Countries

Section VI Corrupt and Fraudulent Practices

Section VII Work Requirements

Section VIII General Conditions of Contract

Section IX Particular Conditions of Contract

Section X Contract Forms

Page 2 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

GOVERNMENT OF MEGHALAYA
DIRECTORATE OF TOURISM
IFB No.: M/D Tour/ Tech/59/2024/34
Dated: 10th April 2025
OPEN COMPETITIVE BIDDING
(Two-Envelope Bidding Process with e-Procurement)

Name of Work DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST

DESTINATION, MEGHALAYA (EPC MODE)

Period of Sale of Bidding FROM 10-Apr-2025 AT 16:00 HOURS

Document
TO 1st May 2025, AT 16:00 HOURS

Time and Date of Pre-Bid 23rd April 2025, AT 16:00 HOURS

Conference

Last Date and Time for Receipt 1st May 2025, AT 16:00 HOURS
of Bids

* Time and Date of Opening 2nd May 2025, AT 16:00 HOURS

Bids – Technical Part

Place of Opening of Bids Office of Directorate of Tourism, Shillong- 793001 Meghalaya

Officer Inviting Bids Director of Tourism, Shillong- 793001 Meghalaya

*Submission of original documents like bid security, demand draft, affidavit etc. and 1 (one) copy of all
documents uploaded in e-procurement Should be within 7 days after the last date and time of bid Submission.

The firms that qualify technically shall be notified subsequently for opening of the financial part of their bid.

Page 3 of 136
INVITATION FOR BID
(IFB)

Page 4 of 136
 GOVERNMENT OF MEGHALAYA
DIRECTORATE OF TOURISM
INVITATIONS FOR BIDS (IFB)
E-Procurement Notice
(Two Envelope Bidding Process with e-Procurement)
OPEN COMPETITIVE BIDDING

IFB No: M/D Tour/ Tech/59/2024/34 Dated: 10th April 2025

INVITATION FOR BIDS (OPEN COMPETITVE BIDDING)

1. The Government of Meghalaya has applied for financing from the Ministry of Tourism,
Government of India under Special Assistance to States for Capital Investments for “Iconic
Tourism Destination Development at Umiam Lake, New Shillong under SASCI (EPC Mode)” and
intends to apply the funds to cover eligible payments under the contracts for construction of
works as detailed below.
2. Bidding will be conducted through Open Competitive Bidding procedures following India
country procurement system. Bidding is open to all eligible bidders from India.
3. Bidders should be Class-I contractors registered with the Government of Meghalaya or CPWD
Class-I (AA) category in the “Building & Road” or “Composite” category. Non-Registered Bidders
may also submit the bids; however, the successful bidder must get themselves registered in
Class-I or above with Government of Meghalaya before signing of Contract. Bidders are advised
to note the clauses on eligibility (Section I Clause 4) and minimum qualification criteria (Section
III– Evaluation and Qualification Criteria), to qualify for the award of the contract.
4. The Office of Directorate of Tourism, Shillong, Meghalaya invites online bids for the construction
of works detailed below in Table 1. The bidders may submit bids for the works indicated therein.
5. Bidding documents are available online on [Link] from 10th April
2025 at 16:00 hours to 1st May 2025 at 16:00 hours for a non-refundable fee as indicated in the
table, in the form of Demand Draft (DD) on any Scheduled/ Nationalized bank payable at
Shillong in favour of the Director of Tourism, Meghalaya (Demand Draft) is to be submitted
subsequently as per procedure described in paragraph 10 below). Bidders will be required to
register on the website, which is free of cost. The bidders would be responsible for ensuring that
any addenda available on the website is also downloaded and incorporated.
6. For submission of the bid, the bidder is required to have Digital Signature Certificate (DSC) Class
III from one of the Certifying Authorities authorized by Government of India for issuing DSC.
7. All bids must be accompanied by a bid securing declaration specified for the work in the table
below. Bid securing declaration will have to be in the forms as specified in the bidding
document. The procedure for submission of bid securing declaration is described in para 10
below.
8. Bids must be submitted online on [Link] on or before the 1st May
2025 at 16:00 hours and the ‘Technical Part’ of the bids will be opened online on 2nd May 2025
at 16:00 hours The “Financial Part” shall remain unopened in the e-procurement system until
the technical evaluation completed and declared by the department. Any bid or modifications

Page 5 of 136
 to bid (including discount) received outside e-procurement system will not be considered. If the
office happens to be closed on the date of opening of the bids as specified, the bids will be
opened on the next working day at the same time schedule. The electronic bidding system
would not allow any late submission of bids.
9. The bidders are required to submit (a) original demand drafts towards the cost of bid document
(b) original bid securing declaration in approved form; and (c) original affidavit regarding
correctness of information furnished with a copy of documents uploaded in the e-procure to
the Office of Directorate of Tourism, Meghalaya within 7 days after the last date of submission
of bids either by registered post/ speed post/ courier or by hand, failing which the bids will be
declared non- responsive and will not be opened.
10. A pre-bid meeting will be held on the 23rd April 2025 at the Directorate of Tourism, 3rd
Secretariat, Nokrek Building, Lachumiere to clarify the issues and to answer questions on any
matter that may be raised at that stage as stated in ITB Clause 7.4 of ‘Instructions to Bidders’ of
the bidding document. Bidders are advised to download the bidding document prior to the pre-
bid meeting in order for bidders to have a good understanding of the scope of work under this
contract for discussion and clarification at the pre-bid meeting. The bidders may submit their
bid related queries in writing to the email: [Link]@[Link]
11. Other details can be seen in the bidding documents. The Employer shall not be held liable for
any delays due to system failure beyond its control. Even though the system will attempt
to notify the bidders of any bid updates, the Employer shall not be liable for any information
not received by the bidder. It is the bidders’ responsibility to verify the website for the latest
information related to this bid.
TABLE-1

Name of Work Estimated Bid Security Court Fee Cost of Period of

Contract Value (Rs.) Stamp Document Completion
(Rs.) including GST
(Rs.)

1 2 3 4 5 6

Development of Umiam Lake 120.81 Cr. EMD is 2% Rs. 2000/- Rs. 1,20,000/- 24 Months
as Iconic tourist Destination including including
(EPC Mode) Monsoon
GST

-Sd/-
Director of Tourism
Meghalaya, Shillong

Page 6 of 136
PART 1– Bidding Procedures

Page 7 of 136
Section I - Instructions to Bidders (ITB)
This Section of the Bidding Documents provides the information necessary for bidders to prepare
responsive bids, in accordance with the requirements of the Employer. It also gives information on bid
submission, opening and evaluation, and on the award of Contract.
Matters governing the performance of the Contractor, payments under the Contract, or matters
affecting the risks, rights, and obligations of the parties under the Contract are not normally included
in this Section, but rather under Section VIII, General Conditions of Contract (GCC), and/or Section IX,
Particular Conditions of Contract (PCC). If duplicationof a subject is inevitable in the different sections
of the documents, care must be exercised toavoid contradictions between clauses dealing with the
same matter.
These Instructions to Bidders shall not be part of the Contract Agreement and shall cease to have
effect once the Contract is signed.

Page 8 of 136
Section I - Instructions to Bidders (ITB)

A. General

1. Scope of Bid 1.1 The Employer, as indicated in the Bid Data Sheet (BDS), issues this
Bidding Document for the procurement of the Works as specified in
Part 2 (Employer’s Requirements) & Invitation for Bids (IFB). The name,
identification, and number of contracts of this bidding are specified in
the BDS.

1.2 Throughout this Bidding Document:

(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating
the singular also include the plural and words indicating the
plural also include the singular; and
(c) “day” means calendar day.

2. Source of 2.1 The project is financed under Ministry of Tourism, Government of India
Funds under Special Assistance to States for Capital Investments.

3. Corrupt and 3.1 The Department of Tourism, Govt. of Meghalaya requires compliance
Fraudulent with its policy in regard to corrupt and fraudulent practices.
Practices

3.2 In further pursuance of this policy, Bidders shall permit and shall cause
its agents (whether declared or not), sub-contractors, sub-consultants,
service providers, or suppliers and any personnel thereof, to permit
the Department of Tourism, Govt. of Meghalaya to inspect all
accounts, records and other documents relating to any
prequalification process, bid submission, and contract performance
(in the case of award), and to have them audited by auditors
appointed by the Department of Tourism, Govt. of Meghalaya.

Page 9 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

4. Eligible Bidders 4.2 4.2.1 A Bidder may be a firm that is a private entity, or a government-
owned entity subject to ITB 4.5 or any combination of such
entities in the form of a joint venture (JV), under an existing
agreement, or with the intent to constitute a legally-enforceable
joint venture, unless otherwise specified in the BDS.
4.2.2 Bids submitted by a joint venture of two or more firms as
members when permitted as per BDS ITB Clause 4.1.1 shall
comply with the following requirements:
(a) The bid shall include all the information listed in Bidders
Qualification Forms for all the Members. The maximum number
of members in the Joint Venture shall be as specified in the BDS;
(b) The bid and, in case of a successful bid, the Agreement, shall be
signed so as to be legally binding on all members;
(c) One of the members shall be nominated as being in charge, and
this authorization shall be evidenced by submitting a power of
attorney signed by legally authorized signatories of all the
members;
(d) The member in charge shall be authorized to incur liabilities and
receive instructions for and on behalf of any and all members of
the joint venture and the entire execution of the contract,
including payment, shall be done exclusively with the member
in charge;
(e) All members of the joint venture shall be liable jointly and
severally for the execution of the contract in accordance with the
contract terms, and a statement to this effect shall be included
in the authorization mentioned under (c) above, as well as in the
bid and in the Agreement [in case of a successful bid];
(f) The joint venture agreement should indicate precisely the role
of all members of JV in respect of planning, design, construction
equipment, key personnel, work execution, and financing of the
project. All members of JV should have active participation in the
execution during the currency of the contract. This should not
be varied/modified subsequently without prior approval of the
Employer;
(g) The joint venture agreement should be registered in place
specified in BDS so as to be legally valid and binding on
members; and
(h) A copy of the Joint Venture Agreement entered into by the
members shall be submitted with the bid. Alternatively, a Letter
of Intent to execute a Joint Venture Agreement in the event of a
successful bid shall be signed by all members and submitted
with the bid, together with a copy of the proposed Agreement.

Page 10 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

4.3 A Bidder shall not have a conflict of interest. All Bidders found to have
a conflict of interest shall be disqualified. A Bidder may be considered
to have a conflict of interest for the purpose of this bidding process, if
the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy from
another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to influence the
bid of another Bidder, or influence the decisions of the Employer
regarding this bidding process; or
(e) Participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which such Bidder is involved.
However, this does not limit the inclusion of the same
subcontractor in more than one bid; or
(f) any of its affiliates participated as a consultant in the preparation
of the design or technical specifications of the works that are the
subject of the bid; or
(g) any of its affiliates has been hired (or is proposed to be hired) by
the Employer or Borrower as Engineer Incharge (Engineer) for
the Contract implementation; or
(h) would be providing goods, works, or non-consulting services
resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the
BDS ITB 2.1 that it provided or were provided by any affiliate that
directly or indirectly controls, is controlled by, or is under
common control with that firm; or
(i) has a close business or family relationship with a professional
staff of the Borrower (or of the project implementing agency, or
of a recipient of a part of the loan) who: (i) are directly or
indirectly involved in the preparation of the bidding documents
or specifications of the contract, and/or the bid evaluation
process of such contract; or (ii) would be involved in the
implementation or supervision of such contract unless the
conflict stemming from such relationship has been resolved in a
manner acceptable to the Employer throughout the
procurement process and execution of the contract.

Page 11 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

4.4 A Bidder may have the nationality of India. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with the
provisions of the laws of that country, as evidenced by its articles of
incorporation (or equivalent documents of constitution or association)
and its registration documents, as the case may be. This criterion also
shall apply to the determination of the nationality of proposed sub-
contractors or sub-consultants for any part of the Contract including
related Services.

4.5 A Bidder that has been sanctioned by the Department of Tourism,

Govt. of Meghalaya shall be ineligible to be prequalified for, bid for, or
be awarded a contract or benefit from a contract, financially or
otherwise, during such period of time as determined. The list of
debarred firms and individuals is available at the electronic address
specified in the BDS.

4.6 Bidders that are Government-owned enterprises or institutions in the

Employer’s Country may participate only if they can establish that they
(i) are legally and financially autonomous (ii) operate under
commercial law, and (iii) are not dependent agencies of the Employer.
To be eligible, a government-owned enterprise or institution shall
establish to the Employer’s satisfaction, through all relevant
documents, including its Charter and other information the Employer
may request, that it: (i) is a legal entity separate from the government
(ii) does not currently receive substantial subsidies or budget support;
(iii) operates like any commercial enterprise, and, inter alia, is not
obliged to pass on its surplus to the government, can acquire rights
and liabilities, borrow funds and be liable for repayment of its debts,
and can be declared bankrupt; and (iv) is not bidding for a contract to
be awarded by the department or agency of the government which
under their applicable laws or regulations is the reporting or
supervisory authority of the enterprise or has the ability to exercise
influence or control over the enterprise or institution.

4.7 Deleted.

4.8 Firms and individuals may be ineligible if so indicated in Section V and

as a matter of law or official regulations prohibits commercial relations
with that country, provided that the Department of Tourism, Govt. of
Meghalaya is satisfied that such exclusion does not preclude effective
competition for the supply of goods or the contracting of works or
services required.

4.9 Bidder shall provide such evidence of eligibility satisfactory to the

Employer, as the Employer shall reasonably request.

4.10 Deleted

Page 12 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

5. Eligible 5.1. The materials, equipment and services to be supplied under the
Materials, Contract and financed by the Department of Tourism, Govt. of
Equipment and Meghalaya may have their origin in any country subject to the
Services restrictions specified in Section V, Eligible Countries, and all
expenditures under the Contract will not contravene such restrictions.
At the Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.

B. Contents of Bidding Document

6. Sections of 6.1. The Bidding Document consist of Parts 1, 2, and 3, which include all
Bidding the Sections indicated below, and should be read in conjunction with
Document any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Section VI- Corrupt and FraudulentPractices
PART 2 Employer’s Requirements
Section VII – Work Requirements
(A) Brief Scope of Works
(B) Schedule B (Bill of Quantities)
(C) Payment Schedule
(D) Drawings
(E) Technical Specifications
(F) List of Approved Makes
(G) Special Condition of Contract & General Note
(H) Project Quality Plan (PQP)
(I) Quality Construction Manual
(J) Material Testing Frequency
PART 3 Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract (GCC)
Section IX - Particular Conditions of Contract (PCC)
Section X - Contract Forms

Page 13 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

6.2. The Invitation for Bids issued by the Employer is not part of the
Bidding Document.

6.3. Unless obtained directly from the Employer, the Employer is not
responsible for the completeness of the Bidding Documents,
responses to requests for clarification, the minutes of the pre-Bid
meeting (if any), or Addenda to the Bidding Documents in accordance
with ITB 8. In case of any contradiction, documents obtained directly
from the Employer shall prevail.

6.4. The Bidder is expected to examine all instructions, forms, terms,and

specifications in the Bidding Documents and to furnish withits bid all
information and documentation as required by the Bidding
Documents.

7. Clarification of 7.1. The electronic bidding system specified in the BDS provides for online
Bidding clarifications. A prospective Bidder requiring any clarification on the
Document, Site Bidding Document may notify the Employer online or raise his
Visit, Pre-Bid inquiries during the pre-bid meeting if provided for in accordance with
Meeting ITB 7.4. Clarifications requested through any other mode shall not be
considered by the Employer. The Employer will respond to any request
for clarification, provided that such request is received prior to the
deadline for submission of bids, within a period specified in the BDS.
Description of clarification sought and the response of the Employer
shall be uploaded for information of all Bidders without identifying the
source of request for clarification. Should the clarification result in
changes to the essential elements of the Bidding Documents, the
Employer shallamend the Bidding Documents following the procedure
under ITB 8 and ITB 22.2.
The bidder is required to submit the site visit certificate duly verified
and countersigned by the Project Engineer as enclosed in the format
enclosed.

7.2. The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself, on its own risk and responsibility,
all information that may be necessary for preparing the bid and
entering into a contract for construction of the Works. The costs of
visiting the Site shall be at the Bidder’s own expense.

7.3. The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands for
the purpose of such visit, but only upon the express condition that the
Bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.

Page 14 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

7.4. If so, specified in the BDS, the Bidder’s designated representative is

invited to attend a pre-bid meeting. The purpose of the meeting will
be to clarify issues and to answer questions on any matter that may
be raised at that stage.

7.5. The Bidder is requested, to submit any questions only through the e-
procurement portal, not later than one week before the meeting.
Clarifications requested through any other mode shall not be
considered by the Employer.

7.6. Minutes of the pre-bid meeting, including the text of the questions
raised, without identifying the source, and the responses given,
together with any responses prepared after the meeting, will be
uploaded online on e-procurement system. Any modification to the
Bidding Documents that may become necessary as a result of the pre-
bid meeting shall be made by the Employer exclusively through the
issue of an addendum pursuant to ITB 8 and not through the minutes
of the pre-bid meeting. It is the bidder’s responsibility to check on the
e-procurement system, for any addendum/ amendment/ corrigendum
to the bidding documents.

7.7. Non-attendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.

8. Amendment of 8.1. At any time prior to the deadline for submission of bids, the Employer
Bidding may amend the Bidding Documents by issuing addenda. The
Document addendum will appear on the e-procurement system under “Latest
Corrigendum” and email notification is also automatically sent to
those bidders who have started working on the tender, or as otherwise
specified in BDS.

8.2. Any addendum thus issued shall be part of the Bidding Document
and shall be deemed to have been communicated to all bidders.

8.3. To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their bids, the Employer may, at
its discretion, extend the deadline for the submission of bids, pursuant
to ITB 22.2

C. Preparation of Bids

9. Cost of Bidding 9.1. The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

Page 15 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

10. Language of 10.1. The Bid, as well as all correspondence and documents relating to the
Bid bid exchanged by the Bidder and the Employer, shall be written in
English.

11. Documents 11.1. The Bid shall comprise two Parts, namely the Technical Part and the
Comprising the Financial Part. These two Parts shall be submitted simultaneously.
Bid

11.2. The Technical Part shall contain the following:

(a) Letter of Bid – Technical Part;
(b) Completed Schedules, in accordance with ITB 12, as specified in
BDS;
(c) Bid Security, in accordance with ITB 19;
(d) Alternative bids– technical part, if permissible, in accordance
with ITB 13;
(e) Written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.2;
(f) Documentary evidence in accordance with ITB 17 establishing
the Bidder’s qualifications to perform the contract, if its Bid is
accepted;
(g) Technical Proposal in accordance with ITB 16;
(h) Construction methodology proposed as detailed in Para 1.1 of
Section III Evaluation Criteria; and
(i) Bids submitted by a JV (where permitted) shall include a copy of
the Joint Venture Agreement entered in to by all members.
Alternatively, a letter of intent to execute a Joint Venture
Agreement in the event of a successful bid shall be signed by all
members and submitted with the bid, together with a copy of
the proposed Agreement.
Any other document required in the BDS. 11.3 the Financial Part shall
contain the following:
(a) Letter of Bid– Financial Part: prepared in accordance with ITB
12 and ITB 14;
(b) Price Schedule completed online in accordance with ITB 12 and
ITB 14;
(c) Alternative Bid- Financial Part: if permissible in accordance with
ITB 13; and

11.3. The Technical Part shall not include any information related to the Bid
price. Where mater financial information related to the Bid price is
contained in the Technical Part the Bid shall be declared non-
responsive

Page 16 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

11.4. The Technical Part shall not include any information related to the Bid
price. Where mater financial information related to the Bid price is
contained in the Technical Part the Bid shall be declared non-
responsive.

11.5. The Bidder shall furnish in the Letter of Bid – Financial Part information
on commissions and gratuities, if any, paid or to be paid to agents or
any other party relating to this Bid.

12. Process of Bid 12.1. The Letter of Bid– Technical Part, Letter of Bid – Financial Part,
Submission Schedules, and Price Schedule, shall be prepared using the relevant
forms in Section IV (Bidding Forms). The forms must be completed
without any alterations to the text, and no substitutes shall be
accepted. All blank spaces shall be filled in with the information
requested.

12.2. Entire Bid including the Letter of Bid and filled-up Price Schedule shall
be submitted online on e-procurement system specified in ITB 7.1.
Details and process of online submission of the tender and relevant
documents are given in the website mentioned above. Scanned copies
of documents listed in ITB clauses 11 and 12.3 should also be uploaded
on this website

12.3. Submission of Original Documents: The bidders are required to submit

(a) original demand drafts towards the cost of bid document (b)
original bid securing declaration in approved form; and (c) original
affidavit regarding correctness of information furnished with a copy of
documents uploaded in the e-procure to the Office of Directorate of
Tourism, Meghalaya within 7 days after the last date of submission of
bids either by registered post/ speed post/ courier or by hand, failing
which the bids will be declared non- responsive and will not be
opened. Hard copy of rest of the bid or any other document is not to
be submitted.

13. Alternative Bids 13.1. Bidders shall submit offers that comply with the requirements of the
bidding documents, including the basic technical design as indicated
in the drawing and specifications. Alternatives will not be considered.

14. Bid Prices and 14.1. The prices and discounts (including any price reduction) quoted by
Discounts the Bidder in the Letter of Bid - Financial Part, and in the Schedules
shall conform to the requirements specified below.

14.2. The Bidder shall submit a bid for the whole of the works described in
ITB 1.1 by filling in prices for all items of the Works (both in figures
and words), as identified in Section IV,Bidding Forms along with the
total bid price (both in figures and words). The Bidder shall fill in rates
and prices for all items of the Works described in the Price Schedule.
Items against which no rate or price is entered by the Bidder willnot
be paid for by the Employer when executed and shall be deemed

Page 17 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

covered by the rates for other items and prices in the Price Schedule.
Corrections if any in the bid can be carried out by editing the
information before electronic submission on e-procurement portal.

14.3. The price to be quoted in the Letter of Bid - Financial Part in

accordance with ITB 12.1, shall be the total price of the Bid, including
any discounts offered.

14.4. Deleted

14.5. Unless otherwise specified in the BDS and the Conditions of Contract,
the rates and prices quoted by the Bidder shall be fixed

14.6. Deleted

14.7. All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as applicable on the deadline for
submission of Bids, shall be included in the rates and prices and the
total bid price submitted by the Bidder.

14.8. Bidders may like to ascertain availability of excise/ custom duty

exemption benefits available in India to the contracts financed under
Bank loan/ credits. They are solely responsible for obtaining such
benefits which they have considered in their bid and in case of failure
to receive such benefits for reasons whatsoever, the Employer will not
compensate the bidder (contractor). The bidder shall furnish along
with his bid a declaration to this effect in the Declaration Format
provided in Section IV of the bidding documents.
Where the bidder has quoted taking into account such benefits, it
must give all information required for issue of certificates in terms of
the Government of India Central Excise Notification and Customs
Notification as perform stipulated in Section IV. In case the bidder has
not provided the required information or has indicated to be furnished
later on in the Declaration Format, the same shall be construed that
the goods/ construction equipment for which certificate is required is
Nil.
To the extent the Employer determines the quantity indicated therein
are reasonable keeping in view the quantities in bill of quantities,
construction program and methodology, the certificates will be issued
within 60 days of signing of the contract and no subsequent changes
will be permitted. In case of materials pertaining to Variation items and
quantities the certificate shall be issued only on request from the
contractor when in need and duly certified by the Engineer Incharge.
No certificate will be issued for items where no quantity/capacity of
equipment is indicated in the statement.
If the bidder has considered the customs/excise duty exemption for
materials/construction equipment to be bought for the work, the

Page 18 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

bidder shall confirm and certify that the Employer will not berequired
to undertake any responsibilities of the Government of India Scheme
or the said exemptions being available during the contract execution,
except issuing the required certificate. The bids which do not conform
to the above provisions or any condition by the bidder which makes
the bid subject to availability of customs/excise duty exemption for
materials/construction equipment or compensation on withdrawal of
any variations to the said exemptions will be treated as non-responsive
and rejected.
Any delay in procurement of the construction equipment/ machinery/
goods as a result of the above shall not be a cause for granting any
extension of time.

15. Currencies of 15.1. The currency of the bid and the currency of payments shall entirely be
Bid and Indian Rupees only.
Payment

16. Documents 16.1. The Bidder shall furnish a Technical Proposal in the Technical Part of
Comprising the the Bid, including a statement of work methods, equipment,
Technical personnel, schedule and any other information as per details
Proposal stipulated in Section IV (Bidding Forms), in sufficient detail to
demonstrate the adequacy of the Bidders’ proposal to meet the
work requirements and the completion time. The Bidder shall furnish
a Technical Proposal in the Technical Part of the Bid, including a
statement of work methods, equipment, personnel, schedule and any
other information as per details stipulated in Section IV (Bidding
Forms), in sufficient detail to demonstrate the adequacy of the
Bidders’ proposal to meet the work requirements and the
completion time.

17. Documents 17.1. To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall
Establishing the complete the Letter of Bid Technical Part, included in Section IV,
Qualifications Bidding Forms
ofthe Bidder

17.2. To establish its qualifications to perform the Contract in accordance

with Section III (Evaluation and Qualification Criteria) the Bidder shall
provide the complete information as requested in the corresponding
information sheets included in Section IV (Bidding Forms).

18. Period of 18.1. Bids shall remain valid for 120 days or for a period specified in the BDS
Validity of Bids after the bid submission deadline date prescribed by the Employer in
accordance with ITB 22.1. A bid valid for a shorter period shall be
rejected by the Employer as non- responsive.

18.2. In exceptional circumstances, prior to the expiration of the bid validity

period, the Employer may request Bidders to extend the period of
validity of their bids. The request and the responses shall be made in
writing. If a bid security is requested in accordance with ITB 19, it shall

Page 19 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

also be extended for forty-five (45) days beyond the deadline of the
extended validity period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall not be
required or permitted to modify its bid.

18.3. If the award is delayed by a period exceeding fifty-six (56) days beyond
the expiry of the initial bid validity, the Contract price shall be
determined as follows: (a) In the case of fixed price contracts, the
Contract price shall be the bid price adjusted by the factor specified in
the BDS. (b) In case of adjustable price contracts, no adjustment shall
be made. (c) In any case, evaluation shall be based on the bid price
without taking into consideration the application correction from
those indicated above.

19. Bid Security 19.1. Unless otherwise specified in the BDS, the Bidder shall furnish as part
of the Technical Part of its bid, in original form, a bid security for the
amount shown in BDS, for this particular work. The Bid Security of a JV
shall be in the name of the JV that submits the bid. If the JV has not
been constituted into a legallyenforceable JV, at the time of bidding,
the Bid Security shall bein the names of all future members as named
in the letter of intent mentioned in ITB 4.1.2 and ITB 11.2

19.2. The bid security shall be a demand guarantee, at the Bidder’s option,
in any of the following forms:
(a) An unconditional bank guarantee, issued by a Nationalized or
Scheduled bank located in India;
(b) An irrevocable letter of credit issued by a Nationalized or
Scheduled bank located in India;
(c) A cashier’s or certified check; or demand draft from another
security indicated in the BDS;
(d) In case of a bank guarantee, the bid security shall be submitted
using the Bid Security form included in the Section IV (Bidding
Forms). The form must include the complete name of the Bidder.
The bid security shall be valid for forty-five (45) days beyond the
original validity period of the bid, or beyond any period of
extension if requested under ITB 18.2
Note: The bank details are as shared below:
Name of the Bank: Axis Bank
Name of the Beneficiary: Director of Tourism SASCI 2024-25 Shillong
Account Number: 924010070811465
IFSC: UTIB0000270

19.3. If a Bid Security is specified pursuant to ITB 19.1, any bid not
accompanied by a substantially responsive Bid Security shall be
rejected by the Employer as non-responsive

Page 20 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

19.4. If a bid security is specified pursuant to ITB 19.1, the bid security of
unsuccessful Bidders shall be returned as promptly as possible upon
the successful Bidder’s signing the contract and furnishing of the
performance security pursuant to ITB 45

19.5. If a bid security is specified pursuant to ITB 19.1, the bid security of the
successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required
performance security

19.6. The bid security may be forfeited:

(a) if a Bidder withdraws/ modifies/ substitutes its bid during the
period of bid validity specified by the Bidder on the Letter of Bid-
Technical Part and repeated in the Letter of Bid- Financial Part,
or any extension thereto provided by the Bidder in accordance
with ITB 18.2 or
(b) if the Bidder does not accept the correction of its Bid Price
pursuant to ITB 36 or
(c) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 44; or
(ii) furnish a performance security in accordance with ITB 45.

19.7. The Bid Security of a JV shall be in the name of the JV that submits the
bid. If the JV has not been constituted into a legallyenforceable JV, at
the time of bidding, the Bid Security shall bein the names of all future
members as named in the letter of intent mentioned in ITB 4.1.2 and
ITB 11.2.

20. Format and 20.1. The Bidder shall prepare the Bid as per details given in ITB21.
Signing of Bid

20.2. The bid shall be signed by a person duly authorized to sign on behalf
of the Bidder. This authorization shall be uploaded along with the Bid

20.3. In case the Bidder is a JV, the Bid shall be signed by an authorized
representative of the JV on behalf of the JV, and so as to be legally
binding on all the members as evidenced by a power of attorney
signed by their legally authorized representatives

20.4. Documents establishing authority to sign the bid on behalf of the JV

shall be uploaded along with the bid

20.5. The Bidder shall furnish information as described in the letter of Bid
on commissions or gratuities, if any, paid or to be paid to agents
relating to this Bid, and to contract execution if the Bidder is awarded
the contract

Page 21 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

D. Online Submission and Opening of Bids

21. Preparation of 21.1. Bids, both Technical and Financial Parts, shall be submitted online on
Bids the e-procurement system specified in BDS 7.1. Detailed guidelines for
viewing bids and submission of onlinebids are given on the website.
The Invitation for Bids under this Project is published on this website.
Any citizen or prospective bidder can logon to this website and view
the Invitation for Bids and can view the details of works forwhich bids
are invited. A prospective bidder can submit its bid online; however,
the bidder is required to have enrolment/ registration in the website,
and should have valid Digital Signature Certificate (DSC) in the form
of smart card/e-token obtained from any certifying agency authorized
by the Government of India (for class of DSC specified in BDS). The
bidder should register in the website using the relevant option
available. Then the Digital Signature registration has to be done with
the e-token, after logging into the website. The bidder can then login
the website through thesecured login by entering the password of the
e-token & the user id/ password chosen during registration. After
getting the bid schedules, the Bidder should go through them
carefully and submit the specified documents, along with the bid,
otherwise the bid will be rejected.

21.2. The completed bid comprising of documents indicated in ITB 12,

should be uploaded on the e-procurement portal along withscanned
copies of requisite certificates as are mentioned in different sections
in the bidding document and scanned copy of the bid security.

21.3. All the documents are required to be signed digitally by the bidder.
After electronic on-line bid submission, the system generates a unique
bid identification number which is time stamped as per server time.
This shall be treated as acknowledgement of bid submission.

21.4. Physical, E-mail, Telex, Cable or Facsimile bids will be rejected as non-
responsive.

22. Deadline for 22.1. No bid may be withdrawn, substituted, or modified in the interval
Submission of between the deadline for submission of bids and the expiration of the
Bids period of bid validity specified by the Bidder on the Letter of Bid or
any extension thereof. This will result in the forfeiture of the Bid
Security pursuant to ITB 19.6

23. Late Bids 23.1. No bid may be withdrawn, substituted, or modified in the interval
between the deadline for submission of bids and the expiration of the
period of bid validity specified by the Bidder on the Letter of Bid or
any extension thereof. This will result in the forfeiture of the Bid
Security pursuant to ITB 19.6

Page 22 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

24. Withdrawal, 24.1. Bidders may modify their bids by using the appropriate option for bid
Substitution, modification on e-procurement portal, before the deadline for
and submission of bids. For this the bidder need not make any additional
Modification of payment towards the cost of biddocument. For bid modification and
Bids consequential re- submission, the bidder is not required to withdraw
his bid submitted earlier. The last modified bid submitted by the
bidder within the bid submission time shall be considered as the bid.
For this purpose, modification/ withdrawal by other means will not be
accepted. In online system of bid submission, the modification and
consequential re-submission of bids is allowed any number of times.
A bidder may withdraw his bid by using the appropriate option for bid
withdrawal, before the deadline for submission of bids, however, if the
bid is withdrawn, re-submission of the bid is not allowed (or allowed
if specified in BDS).

24.2. Bids requested to be withdrawn in accordance with ITB 24.1 shall not
be opened

24.3. No bid may be withdrawn, substituted, or modified in the interval

between the deadline for submission of bids and the expiration of the
period of bid validity specified by the Bidder on the Letter of Bid or
any extension thereof. This will result in the forfeiture of the Bid
Security pursuant to ITB 19.6

E. Public Opening of Technical Parts of Bids

25. Public Opening 25.1. The Employer shall publicly open Technical Parts of all bids received
of Technical by the deadline, at the date, time and place specified in the BDS in the
Parts of Bids presence of Bidders’ designated representatives and anyone who
choose to attend, and thiscould also be viewed by the bidders online.
The Financial Parts of the bids shall remain unopened in the e-
procurement system, until the subsequent public opening, following
theevaluation of the Technical Parts of the Bids. In all cases, original
documents submitted as specified in ITB 12.3 shall befirst scrutinized,
and Bids that do not comply with the provisions of ITB 12.3 will be
declared non-responsive and will not be opened. Thereafter bidder’s
names, and such other details as the Employer may consider
appropriate will be notified online as Technical Part bid opening
summary. In the event of the specified date of bid opening being
declared a holiday for the Employer, the bids will be opened at the
appointed time and location on the next working day.

25.2. The electronic summary of the bid opening will be generated and
uploaded online. The Employer will also prepare minutes of the Bid
opening, including the information disclosed and upload the same for
viewing online. Only Technical Parts of Bids that are opened at Bid
opening shall be considered further for evaluation.

Page 23 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

F. Evaluation of Bids – General Provisions

26. Confidentiality 26.1. Information relating to the examination, evaluation, comparison, and
post-qualification of bids and recommendation of contract award,
shall not be disclosed to Bidders or any other persons not officially
concerned with such process until information on Contract award is
communicated to all Bidders in accordance with ITB 44.

26.2. Any attempt by a Bidder to influence the Employer in the evaluation

of the bids or Contract award decisions may result in the rejection of
its bid.

26.3. Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any
matter related to the bidding process, it may do so in writing.

27. Clarification of 27.1. To assist in the examination, evaluation, and comparison of the bids,
Bids and qualification of the Bidders, the Employer may, at its discretion,
ask any Bidder for a clarification of its bid including breakdown of unit
rates, giving a reasonable time for response. Any clarification
submitted by a Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change, including
any voluntary increase or decrease in the prices or substance of the
bid shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer in the
evaluation of the bids, in accordance with ITB 36.

27.2. If a Bidder does not provide clarifications of its bid by the date and
time set in the Employer’s request for clarification, its bid may be
rejected

28. Deviations, 28.1. During the evaluation of bids, the following definitions apply:
Reservations,
(a) “Deviation” is a departure from the requirements specifiedin
and Omissions
the Bidding Document;
(b) “Reservation” is the setting of limiting conditions orwithholding
from complete acceptance of the requirements specified in the
Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information
or documentation required in the Bidding Document.

29. Non- 29.1. Provided that a bid is substantially responsive, the Employer may
conformities, waive any non-conformities in the bid which do not constitute a
Errors, and material deviation, reservation or omission
Omissions

Page 24 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

29.2. Provided that a bid is substantially responsive, the Employer may

request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify non-
material non-conformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price or
substance of the bid. Failure of the Bidder to comply with the request
may result in the rejection of its bid.

29.3. Provided that a bid is substantially responsive, the Employer shall

rectify quantifiable non-material non-conformities related to the Bid
Price. To this effect, the Bid Price may be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item
or component in the manner specified in the BDS

G. Evaluation of Technical Parts of Bids

30. Evaluation of 30.1. In evaluating the Technical Parts of each Bid, the Employer shall use
Technical Parts the criteria and methodologies listed in this ITB and Section III,
Evaluation and Qualification Criteria. No other evaluation criteria or
methodologies shall be permitted

31. Determination 31.1. The Employer’s determination of a Bid’s responsiveness is to be based

of on the contents of the Bid itself, as defined in ITB 11.
Responsiveness

31.2. A substantially responsive Bid is one that meets the requirements of

the bidding document without material deviation, reservation, or
omission. A material deviation,reservation, or omission is one that:
(a) if accepted, would;
(i) affect in any substantial way the scope, quality, orperformance
of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the bidding
document, the Employer’s rights or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive Bids.

31.3. The Employer shall examine the technical aspects of the Bid submitted
in accordance with ITB 16, Technical Proposal, in particular to confirm
that all requirements of Section VII, Works’ Requirements have been
met without any material deviation, reservation or omission

31.4. If a Bid is not substantially responsive to the requirements of the

bidding document, it shall be rejected by the Employer and may not

Page 25 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

subsequently be made responsive by correction of the material

deviation, reservation, or omission

32. Qualification of 32.1. The Employer shall determine to its satisfaction whether the eligible
the Bidder Bidders that have submitted substantially responsive Bid- Technical
Parts meet the qualifying criteria specified in Section III, Evaluation and
Qualification Criteria

32.2. The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB 17. The determination shall not take into
consideration the qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subcontractors (other than
Specialized Subcontractors if permitted in the bidding document), or
any other firm(s) different from the Bidder

32.3. If a Bidder does not meet the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria, its Bidshall be rejected by the
Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission

32.4. Only Bids that are both substantially responsive to the bidding
document and meet all Qualification Criteria shall have the Financial
Parts of their Bids opened at the second public opening.

33. Subcontractors 33.1. Unless otherwise stated in the BDS, the Employer does not intend to
execute any specific elements of the Works by subcontractors selected
in advance by the Employer

33.2. The Employer may permit subcontracting for certain specialized works
as indicated in Section III. When subcontracting is permitted by the
Employer, the specialized sub-contractor’s experience shall be
considered for evaluation. Section III describes the qualification criteria
for sub-contractors.
Bidders may propose subcontracting up to the percentage of total
value of contracts or the volume of works as specified in the BDS.
Subcontractors proposed by the Bidder shall befully qualified for their
parts of the Works

H. Public Opening of Financial Parts of Bids

34. Public Opening 34.1. Following the completion of the evaluation of the Technical Parts of
of Financial the Bids, the Employer shall notify in writing those Bidders whose Bids
Parts were considered non-responsive to the bidding document or failed to
meet the Qualification Criteria, advising them of the following
information:
(a) the grounds on which their Technical Part of Bid failed to meet
the requirements of the bidding document;

Page 26 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(b) their Financial Part of Bid shall not be opened; and

(c) notify them of the date and time for public opening of Financial
Parts of the Bids

34.2. The Employer shall, simultaneously, notify in writing those Bidders

whose Technical Part have been evaluated as substantially responsive
to the bidding document and met allQualifying Criteria, advising them
of the following information:
(a) their Bid has been evaluated as substantially responsive to the
bidding document and met the Qualification Criteria;
(b) their Financial Part of Bid will be opened at the public opening
of the Financial Parts; and
(c) notify them of the date, time, and place of the second public
opening of the Financial Parts of the Bids, as specified in the BDS.

34.3. The opening date should allow Bidders sufficient time to make
arrangements for attending the opening. The Financial Part of the Bids
shall be opened publicly in the presence of Bidders’ designated
representatives and anyone who choose to attend, and this could also
be viewed by the bidders online. The bidder’s names, the Bid prices,
the total amount of each bid, per lot (contract) if applicable, including
any discounts, and such other details as the Employer may consider
appropriate, will be notified online by the Employerat the time of bid
opening.
In the event of the specified date of bid opening being declared a
holiday for the Employer, the bids will be opened at the appointed
time and location on the next working day

I. Evaluation of Financial Parts of Bids

35. Evaluation of 35.1. To evaluate the Financial Part, the Employer shall consider the
Financial Parts following:
(a) the Bid price, excluding Provisional Sums and the provision,
if any, for contingencies in the Summary Price Schedule but
excluding Daywork items, where priced competitively
(b) Deleted
(c) price adjustment due to discounts offered in accordance with
ITB 14.4
(d) Deleted
(e) Price adjustment due to quantifiable non material non-
conformities in accordance with ITB 29.3; and
(f) the additional evaluation factors as specified in Section III,
Evaluation and Qualification Criteria

Page 27 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

35.2. The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution of the
Contract, shall not be taken into account in Bid evaluation.

35.3. Deleted

36. Correction of 36.1. The e-procurement system automatically calculates the total amount
Arithmetical from unit rates and quantities and the system also automatically
Errors populates the amount in words from the amount in figures and
therefore there is no scope of discrepancy and need for arithmetic
correction

37. Conversion to Deleted

Single Currency

38. Margin of Deleted

Preference

39. Comparison of 39.1. The Employer shall compare the evaluated prices of allsubstantially
Financial Parts responsive bids established in accordance with ITB 35.1 to determine
the lowest evaluated bid.

40. Unbalanced or 40.1. If the bid, which results in the lowest Evaluated Bid Price, is seriously
Front-Loaded unbalanced, front loaded or substantially below updated estimates in
Bids the opinion of the Employer, the Employer may require the Bidder to
produce detailed price analyses (with breakdown of unit rates) for any
or all items of the Bill of Quantities, to demonstrate the internal
consistency and justification of those prices with the construction
methods and schedule proposed. After evaluation of the price
analyses, taking into consideration the schedule of estimated contract
payments, the Employer may require that the amount of the
performance security be increased at the expense of the Bidder to a
level sufficient to protect the Employer against financial loss in the
event of default of the successful Bidder under the Contract.

41. Employer’s 41.1. The Employer reserves the right to accept or reject any bid,and to
Right to Accept annul the bidding process and reject all bids at any time prior to
Any Bid, and to contract award, without thereby incurring any liability to Bidders. In
Reject Any or case of annulment, all documents submitted and specifically, bid
All Bids securities, shall be promptly returned to the Bidders.

J. Award of Contract

42. Award Criteria 42.1. Subject to ITB 41, the Employer shall award the Contract tothe
successful Bidder that meets the Qualification Criteria,whose offer has
been determined to be the lowest evaluatedbid and is substantially
responsive to the Bidding Document.

Page 28 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

43. Notification of 43.1. Prior to the expiration of the period of bid validity, the Employer
Award shall notify the successful Bidder, in writing, via the Letter of
Acceptance included in the Contract Forms, that its bid has been
accepted. The Letter of Acceptance shall specify the sum that the
Employer will pay the Contractor in consideration of the execution and
completion of the Works (hereinafter and in the Conditions of Contract
and Contract Forms called “the Contract Price”).

43.2. Until a formal contract is prepared and executed, the notification of

award shall constitute a binding Contract.

44. Signing of 44.1. The Contract Agreement shall incorporate all agreements between the
Contract, Employer and the successful Bidder. It shall be kept ready in the office
Publication of of the Employer for the signature of the Employer and the successful
award and Bidder, within 21 days following the date of Letter of acceptance.
Recourse to Within 21 days of receipt of Letter of acceptance, the successful Bidder
unsuccessful shall sign the Agreement and furnish the performance security in
Bidders accordance with ITB Clause 45 and revised construction methodology.
If the successful bidder is a JV, it shall also furnish the JV agreement
duly signed by all the members, if it had submitted only a letter
of intent to execute the JV agreement

44.2. The Employer within 3 weeks of issue of notification of award shall

publish on [Link] or on the Employer’s
websitewith free access if available, or in the official gazette, the results
identifying the bid and lot numbers and the following information:
(i) name of each bidder who submitted the bid;
(ii) bid prices as read out at bid opening;
(iii) name andevaluated prices of each bid that was evaluated;
(iv) name of bidders whose bids were rejected and the reasons for
their rejection; and
(v) name of the winning bidder, and the price it offered, as well as
the duration and summary scope of the contract awarded.

44.3. The Employer shall promptly respond in writing to any unsuccessful

Bidder who, after publication of contract award, requests the Employer
in writing to explain on which groundsits bid was not selected.

45. Performance 45.1. Within twenty-one (21) days of the receipt of notification of award
Security from the Employer, the successful Bidder shall furnish the performance
security in accordance with the conditions of contract, subject to ITB
40.1, using for that purpose the Performance Security included in
Section X (Contract Forms). The performance security of a Joint
Venture shall be in the name of the Joint Venture specifying the names
of all members.

Page 29 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

45.2. Failure of the successful Bidder to submit the above-mentioned

Performance Security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Employer may award
the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be
qualified to perform the Contract satisfactorily.

45.3. Upon the successful Bidder’s signing the Agreement and furnishing of
the Performance Security pursuant to ITB Clause45.1, the Employer
shall promptly notify the name of the winning bidder to each
unsuccessful bidder and shall discharge the Bid Securities of the
bidders pursuant to ITB Clause 19.4 and 19.5.

46. Adjudicator or 46.1. The Employer proposes the person named in the BDS to be appointed
Dispute Review as Adjudicator (or Dispute Review Expert) under the Contract, at the
Expert daily rate specified in the BDS, plus reimbursable expenses (actual
boarding, lodging, travel and other incidental expenses). If the Bidder
disagrees with this proposal, the Bidder should so state in Letter of
Bid. If, in the Letter of Acceptance, the Employer does not agree on
the appointment of the Adjudicator [or Disputes Review Expert]
proposed by the Bidder, the Employer will request the Appointing
Authority designated in the Particular Conditions of Contract (PCC)
pursuant to Clause 23.1 of the General Conditions of Contract (GCC),
to appoint the Adjudicator [or Disputes Review Expert].

47. Compliance to 47.1 The contractor must comply to all Central/ State Government
Govt. regulations, policies, notifications etc. related to measures against
Regulations Covid-19 & its variants. The Bidder’s Lumpsum financial bid is deemed
Covid-19 & its to include the cost involved in complying to those measures.
Variants

Page 30 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section II - Bid Data Sheet (BDS)

A. General

ITB 1.1 The Employer is: Directorate of Tourism, Shillong

ITB 1.1 The name of the work is:

DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA,
INDIA (EPC MODE)
The identification number of the works:
M/D Tour/ Tech/59/2024/34 Dated: 10th April 2025

ITB 2.1 The Borrower is Government of Meghalaya.

The Employer is the Directorate of Tourism, 3rd Secretariat, Nokrek Building,
Lachumiere.

ITB 2.1 The name of the Project is:

Development of Umiam Lake as Iconic tourist Destination, Meghalaya, India (EPC
Mode).
The architectural planning would be done by the consultant appointed by the
Tourism Departments and the Engineering, Procurement and Construction based
on the architectural planning by the department along with details structural
designs and drawings will be carry out by the EPC contractor on board for the
project. The EPC contractor will have to take responsible in getting the EPC design
and Drawings vetted by the reputed institute like IITs/NITs.

ITB 4.2.1 Joint Ventures are acceptable.

ITB 4.2.2 (a) Maximum number of members in the JV shall be: Two (02)

ITB 4.1.2(g) Place where the agreement to form JV to be registered is Shillong, (Meghalaya),
India.

ITB 4.4 Not applicable

B. Contents of Bidding Documents

ITB 7.1 Electronic Procurement System

The Employer shall use the following electronic-procurement system to manage this
Bidding process: [Link]
Requests for clarification should be received by the Employer, no later than 7 days
prior to deadline for submission of bids.

Page 31 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

ITB 7.4 A Pre-Bid meeting shall take place. Pre-Bid meeting will take place, it will be at the
following date, time and place:
Date: 23rd April 2025
Time: 16:00 Hours
Place: Directorate of Tourism, 3rd Secretariat, Nokrek Building, Lachumiere

ITB 8.1 The addendum will appear on the e-procurement system under Latest Corrigendum
and email notification is also automatically sent to those bidders who have started
working on this tender.

C. Preparation of Bids

ITB 11.1 As per ITB

ITB 11.2 The Bidder shall submit with its bid the following additional documents:
(i) Contractor Registration certificate as per IFB, if applicable

ITB 11.3 Deleted

ITB 12 Note for Bidders:

Bidders have to submit the bids on the e-procurement portal along with the relevant
required documents. For this purpose, the bidders shall fill up online, the forms that
are available for online filling on the e-portal. The rest of the forms shall be
downloaded by the bidders and filled up. The filled-up pages shallthen be scanned
and uploaded on the e-procurement portal along with the scanned copies of the
supporting documents.

ITB 12.3 For submission of original documents within 7 days after the last date of Bid
submission, the Employer’s address is:
Directorate of Tourism, 3rd Secretariat, Nokrek Building, Lachumiere

ITB 13.1 Alternative bids shall not be permitted.

ITB 14.5 The prices quoted by the Bidder shall be subject to adjustment during the
performance of the Contract. The adjustment of contract price, if provided, will be
done in accordance with GCC Clause 45 read with corresponding provisions under
PCC and Appendix 2 to SCC.

ITB 18.1 The bid validity period shall be: 120 days.

ITB 18.3 (a) The factor is 07 (seven) % per annum.

ITB 19.1 The Bidder shall furnish a bid securing declaration in the format given in Section X
(Contract Forms)

Page 32 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Bid Security (EMD) shall be 2% of the tender value drawn in favour of Director of
Tourism, Shillong.

ITB19.2 (d) Other types of acceptable securities are: Not Applicable

ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall consist
of:
(a) Legally valid Power of Attorney is required to demonstrate the authority of the
signatory to sign the Bid; and
(b) In the case of Bids submitted by an existing or intended JV, if permitted as per
ITB 4.1, the authorization shall be evidenced by a Power of Attorney signed by
legally authorized signatories of all the members.”

D. Online Submission and Opening of Bids

ITB 21.1 Class of DSC required is: Class-III

ITB 22.1 The deadline for uploading of bids is:

Date: 1st May 2025.
Time: 16:00 Hours

ITB 24.1 Re-submission of the bid is allowed if withdrawn.

E. Public Opening of Technical Parts of Bids

ITB 25.1 The online bid opening of Technical Part of Bids shall take place at:
Directorate of Tourism,
3rd Secretariat, Nokrek
Building, Lachumiere,
Meghalaya, India
Day: 2nd May 2025
Time: 16:00 Hrs.

F. Evaluation of Bids – General Provisions

ITB 29.3 The adjustment shall be based on the highest price of the item or component as
quoted in other substantially responsive Bids, subject to a maximum of the estimated
price of the item. If the price of the item or component cannot be derived from the
price of other substantially responsive Bids, the Employer shall use its best estimate.

G. Evaluation of Technical Parts of Bids

ITB 33.1 Not applicable

ITB 33.2 Not applicable

Page 33 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

ITB 33.3 (a) Contractor’s proposed subcontracting: Maximum percentage of subcontracting

permitted is: Twenty-Five (25) % of the total contract amount. Bidders planning
to subcontract more than 10% of total volume of work shall specify, in the Bid
Submission Form, the activity(ies) or parts of the works to be subcontracted along
with complete details of the sub-contractors and their qualification and experience.
The qualification and experience of the sub-contractors must meet theminimum
criteria for the relevant work to be sub-contracted failing which such sub-
contractors will not be permitted to participate.
(b) Sub-contractors ‘qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into account the
qualification and experience of the subcontractor) should meet the qualification
criteria.
(c) Vertical splitting of the works shall not be allowed.
(d) Note: Work should not be split into small parts and sub-contracted.

H. Public Opening of Financial Parts of Bids

ITB 34.2 © Following the completion of the evaluation of the Technical Parts of the Bids, the
Employer will notify all Bidders of the place, date and time of the public opening of
Financial Parts.
The online bid opening of Financial Parts of Bids shall take place on:
Place:
Directorate of Tourism,
3rd Secretariat, Nokrek
Building, Lachumiere,
Meghalaya, India
Date & Time: will be notified after evaluation of Technical Bid.
In addition to the above the Employer shall publish a notice of the public opening of
the Financial Parts of the Bid on its website [Link]

I. Award of Contract

ITB 45.1 The successful Bidder shall also be required to submit Performance Security @ 3% for
and 45.2 Civil Works.

ITB 46.1 The Adjudicator proposed by the Employer is:

Note:
1. Serving officers of Meghalaya Government (of any department) or of any
Government department of other states or Govt. of India cannot be appointed
as Adjudicators under the project.

Page 34 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

2. Retired officers (retired at least three years prior to the invitation for bids) can
be considered for the appointment of Adjudicators.

ITB 47 A successful bidder if belongs to non-tribal has to obtain the valid Trading License
from the concerned Autonomous District Council, in the state of Meghalaya.
In case the bidder is a consortium, at least one of the 2 members of the consortium
shall have trading License from the concerned Autonomous District Council.

Page 35 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section III - Evaluation and Qualification Criteria.

This section contains all the criteria that the Employer shall use to evaluate bids and qualifyBidders if
the bidding was not preceded by a prequalification exercise and post qualification is applied. In
accordance with ITB 32 and ITB 35, no other methods, criteria and factors shall be used. The Bidder
shall provide all the information requested in the forms includedin Section IV (Bidding Forms).

Page 36 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

1. Technical Part
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder’s Technical Proposal will include:
(i) An assessment of the Bidder’s technical capacity to mobilize key equipment and personnel for
the contract consistent with its proposal regarding work methods, scheduling, material sourcing
and Quality Control/Assurance in sufficient detail and fully in accordance with the requirements
stipulated in Section VII (Works Requirements).
For this purpose, the Bidder should also submit:
(ii) A detailed note outlining its proposed methodology and program of construction equipment
planning and deployment, materials and manpower planning and deployment,duly supported
with broad calculations and quality control system/assurance procedures proposed to be
adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones.
(iii) An assessment of the details of subcontracting elements of works amounting to more than 10%
of the bid price; for each element proposed to be sub-contracted furnish details whether the
identified Sub-contractor possesses the required qualifications and experiences to execute that
element satisfactorily. [Work should not be vertically split into small parts and sub- contracted].
(iv) Procedure for Technical Evaluation:
The scrutiny of online submission of technical bids will be done at the Office of the Directorate of
Tourism, Meghalaya, Shillong, will check following documents:
1. Firms/ individual legal status
2. EPF registration,
3. PAN Certificates
4. GST Registration
5. Work Program and Methodology
6. Affidavit – for correctness of information
7. Affidavit – for no conflict of interest as per ITB 4.2
8. Turn over papers– 5 years Audited Balance Sheets duly signed by CA
9. List of equipment and personnel.
10. Experience certificates – For similar nature of work, completion certificates signed by officer not
below the rank of Executive Engineer
11. List of Balance Works– duly signed by the officer not below the rank of Executive Engineer.

Page 37 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

1.2 Multiple Contracts if permitted under ITB 35.3, will be evaluated asunder.
If works are grouped in multiple contracts pursuant to Sub-Clause 35.3 of the Instructions to Bidders,
the criteria for qualification will be an assessment of the Bidder’s capacity to meet the aggregated
requirements regarding:
• Experience
• Financial situation
• Current contract commitments,
• Cash flow capacity,
• Bid Capacity
Notes:
(i) For equipment to be deployed on each contract as per the list provided in this bidding
document, successful bidder shall have to submit notarized affidavit, before issue of letter of
acceptance by the Employer/ Client, statingthat the same will be deployed well in time at the
commencement of work.
(ii) For personnel to be fielded on each contract as per the list provided in thisbidding document,
successful bidder shall have to submit notarized affidavit,before issue of letter of acceptance
by the Employer/ Client, stating that the same will be mobilized well in time at the
commencement of work.
1.3 Specialized Subcontractors:
(i) If the main contractor fails to associate agency/ agencies for execution of specialized/ minor
components of work within prescribed time or furnishes incomplete details or furnishes details
of negligible agencies even after the tenderer is given due opportunity, the entire scope of such
component of works shall be withdrawn from the tender and the same shall be got executed by
the Engineer-in-charge at the risk and cost of the main contractor.
(ii) In case the main contractor intends to change any of the above agency/ agencies during the
operation of the contract, he shall obtain prior approval of respective Engineer-in- charge of the
specialized/minor component of the agreement. The new agency/ agencies shall also have to
satisfy the laid down eligibility criteria. In case Engineer-in- charge of respective discipline is not
satisfied with the performance of any agency, he can direct the contractor to change the agency
executing such items of work and this shall be binding on the contractor.
(iii) The main contractor has to enter into agreement with contractor(s) associated by him for
execution of specialized/minor component(s). Copy of such agreement shall be submitted to EE
in-charge of each specialized/minor component as well as to EE in-charge of major component.
In case of change of associate contractor, the main contractor has to enter into agreement with
the new contractor associated by him.
(iv) Running payment for the major component shall be made by EE of major discipline to the main
contractor. Running payment for specialized/minor components shall be made by the Engineer-
in-charge of the discipline of specialized/minor component directly to the main contractor.
(v) In case main contractor fails to make the payment to the contractor associated by him within 15
days of receipt of each running account payment then on the written complaint of contractor
associated for such specialized/ minor component, Engineer Incharge of specialized/ minor
component shall serve the show cause to main contractor and after considering the reply of the
same he may make the payment directly to the contractor associated for specialized/ minor

Page 38 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

component as per the terms & conditions of the agreement drawn between main contractor
and associate contractor fixed by him, if reply of main contractor either not received or found
unsatisfactory. Such payment made to the associate contractor shall be recovered by Engineer
Incharge of major or specialized/ minor component from the next RA/ final bill due to main
contractor as the case may be.
(vi) Separate MOU has to be signed with each of the specialized works with either OEMS or with
specialized agencies who have the credentials of executing either one work of 80% value or two
work of 60% value or three works of 40% value of the corresponding component of the
specialized work in last seven years. MOU should be submitted within one month of the award
of work.

Page 39 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

2.1. Eligibility

Existing or Forms ELI- 1.1

Nationality in accordance with ITB Sub- Must meet intended JV Must meet and ELI- 1.2
2.1.1 Nationality N/A
Clause 4.3. requirement must meet requirement with
requirement attachments

Existing or
Conflict of No conflicts of interest in ITB Sub- Must meet intended JV Must meet
2.1.2 N/A Letter of Bid
Interest Clause 4.2. requirement must meet requirement
requirement

Not having been declared ineligible by

Existing JV
Bank the Department of Tourism, Govt. of Must meet Must meet
2.1.3 must meet N/A Letter of Bid
eligibility Meghalaya, as described in ITB Sub- requirement requirement
requirement
Clause 4.4.& 4.7.

Bidder to meet conditions of ITB Sub- Forms ELI -1.1

Government
Clause 4.5. The entity should not be a Must meet Must meet Must meet and ELI- 1.2
2.1.4 Owned N/A
dependent agency of the borrower or requirement requirement requirement with
Entity
sub-borrower or Employer. attachments

2.2 Historical Contract Non-Performance

Page 40 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

Bidder’s financial position and Must meet

Must meet
prospective long-term profitability requirement
requirement by
Pending sound according to criteria established by itself or
2.2.3 N/A itself or as N/A Form CON – 2
Litigation in 2.3.1 below and assuming that all as member
member to past
pending litigation will be resolved to past or
or existing JV
against the Bidder existing JV

Must meet
Must meet
requirement
No consistent history of court/arbitral requirement by
Litigation by itself or Must meet
2.2.4 award decisions against the Bidder 3 itself or as N/A Form CON – 2
History as member requirement
since 1st January 2014-15 member to past
to past or
or existing JV
existing JV

Note: Non-performance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor,
including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled
against the contractor. Non- performance shall not include contracts where Employer’s decision was overruled by the dispute resolution mechanism.
Non-performance must be based on all information on fully settled disputes or litigation, i.e., dispute or litigation that has been resolved in accordance
with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.

The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing
under its execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result
in disqualifying the Bidder.

Page 41 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

2.3 Financial Situation and Performance

Self-certified copy of Bank Solvency

Certificate issued from Nationalized, or
Financial Must meet Must meet
any Schedule Bank should be at least
Capabilities Must meet Must meet requirement for requirement for
2.3.1(a) 40% of Estimated cost of work put to
(Bank requirement requirement one contract of one contract of
Tender. The certificate should have
Solvency) 25% value 50% value
been issued within 6 months from the
original last submission date of tender.

Net Worth of the company/ firm as on Must meet Must meet

Financial Form FIN- 3.1
31st March of the previous Financial Must meet Must meet requirement for requirement for
2.3.1(b) Capabilities & 3.1(A) with
Year should be minimum 15% of the requirement requirement one contract of one contract of
(Net worth) attachments
Estimated cost of work put to Tender. 25% value 50% value

Financial Must meet Must meet

The Tenderer shall submit the existing
Capabilities Must meet Must meet requirement for requirement for
2.3.1(c) Credit facility from Bankers for Rs 30.00
(Credit requirement requirement one contract of one contract of
Crores (Thirty Crores only).
facility) 25% value 50% value

Page 42 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

(i) The audited balance sheets, other

financial statements with Average
Financial Annual Financial Turnover during the
Capabilities last 3 years, ending 31st March of the Must meet Must meet
(Average previous financial year should be at Must meet Must meet requirement for requirement for
2.3.1(d) Form FIN- 3.2
Annual least 30% of the estimated project cost requirement requirement one contract of one contract of
Financial only. (0.3 times the tender value) 25% value 50% value
Turnover) calculated as total certified payments
received for contracts in progress or
completed.

Note: At 2024-25 price level, financial turnover of previous years shall be given weight age @7% per year based on rupees value to bring them to the
price level of the financial year in which bids are received.

2.4 Financial Situation and Performance

The applicant should have achieved

General minimum annual value of general Must meet
Construction construction work (as certified by Must meet
Twenty five
Experience: Chartered Accountant, and at least 50 Must meet Must meet Seventy five
2.4.1 percent (25%) Form FIN- 4.1
Annual (fifty) percent of which is from requirement requirement percent (50%) of
of the
Construction Engineering (Civil/Electrical/Mechanical the requirement
requirement
Turnover as relevant to the work being procured)
construction works) carried out in any

Page 43 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member
of the years over a stated period
(normally five to seven years, ending
31st March of previous year).

Experience of having successfully

completed similar work during the last 7
Form EXP- 4.2(a)
years ending the previous day of the last
date of submission of tenders: The contractor
should have
At least One similar completed work,
borne
costing not less than 80% of the estimated
responsibility for
cost of the bid. Must meet Must meet
Past execution of
Or Must meet Must meet requirement for requirement for work to the
2.4.2(a) Construction
requirement requirement one contract of one contract of extent he claims
Experience Two similar completed work, each costing 25% value 75% in value experience. A
not less than the amount equal to 50% of
contractor
the estimated cost of the bid.
should not claim
Or experience for
the work he has
Three similar completed work, each costing
never executed.
not less than the amount equal to 40% of
the estimated cost of the bid.

Page 44 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

Note:
(i) “Similar works” shall mean “non-residential buildings or campus development projects” till last day of submission of tenders, including all civil works,
internal water supply, sanitary installations, Electrical Installations and services i.e. Fire Fighting, Fire Alarm, HVAC, Lifts etc. all executed under one
composite agreement in India” under Central/State Government and/or State/Central Govt undertaking PSU’[Link] Tenderer should have a
Professional Tax Certificate as well as a valid Labour License from the state.
(ii) The value of executed works shall be brought to the current level by enhancing the actual value of work done at a simple rate of 7% per annum,
calculated from the date of completion to previous day of last day of submission of tenders.
(iii) The tenderer should have Professional Tax Certificate as well as a valid Labour License from the state.
(iv) The On-going Works/ Works in Progress may be submitted.

For a bidder (either individually as a single entity or as a JV member) to qualify for a group of lots (contracts), he must demonstrate having
2.4.2(b)
experience and resources sufficient to meet the aggregate of the qualifying criteria for all the contracts in question.

Page 45 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Qualification
Joint Venture, where Permitted
Sr. Single Submission
Subject Requirement
No. Entity All Parties Each Requirement
One Member
Combined Member

Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity for construction work is equal to or
more than the total bid value of the work. The available bid capacity will be calculated as under:
Assessed Available bid capacity = (A*N*2-B) Where,
A = Maximum value of civil engineering works executed in any one year during the last five years (updated to the price level of the financial
year 2024-2025 at the rate of 7% per year), taking into account the completed as well as works in progress).
N = Number of years prescribed for completion of the works for which bids are invited (period up to 6 months to be taken as half-year and
2.4.2(c) more than 6 months as one year).
B = Value, at the current price level, of existing commitments on on-going works to be completed during the period of completion of the
works for which bids are invited.

Note: the statements in Section IV showing the value of existing commitments of on-going works as well as the stipulated period of
completion remaining for each of the works listed should be countersigned by the Engineer Incharge, not below the rank of Executive
Engineer or equivalent.

Even though the bidders may meet the above qualifying criteria, they are subject to be disqualified if they have: -
- made misleading or false representations in the forms, statements, affidavits, and attachments submitted in proof of the qualification
requirement;
2.4.2(d) - record of poor performance such as abandoning the works, not properly completion or financial failures etc.
- consistent history of litigation or arbitration awards against the bidder or any member or the joint venture.
- participated in the previous bidding (if this is a re-bidding) for the same work and had quoted unreasonably high bid price and could
not furnish any rational justification for the same to the Employer.

Page 46 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

2.1 Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that meetthe
following requirements:

Sl
. Minimum
Designation of Minimum Educational Minimum years of
No. experience in
N Personnel Qualification experience
similar works
o.

Degree in civil
1 Engineer Incharge 1 10 years 05 years
engineering

05 years for 03 years for

Senior Site Degree/ Diploma in civil Degree holder/ 07 Degree holder/ 05
2 2
Engineer engineering years for Diploma years for Diploma
holder holder

05 years for 03 years for

Execution Degree/ Diploma in civil Degree holder/ 07 Degree holder/ 05
3 4
Engineer engineering years for Diploma years for Diploma
holder holder

Quality Control Degree in civil

4 2 05 years 03 years
Expert engineering

Planning & Billing Degree in civil

5 2 05 years 03 years
Engineer engineering

Degree in electrical &

6 MEPF Expert 2 07 years 05 years
mechanical engineering

Degree in electrical
7 Electrical Expert 1 05 years 03 years
engineering

Notes:
The bidder should furnish Curriculum Vitae of positions from Sl. No.1 to 6 with the bid to confirm their
meeting the requirements.
The Bidder must not have in his employment:
[i] the near relations (defined as first blood relations, and their spouses, of the bidder orthe
bidder’s spouse) or persons of the following Government Departments.
[ii] Without Government permission, any person who retired as gazette officer within the last two
years.
The Bidder shall provide details of the proposed personnel and their experience records in therelevant
Forms included in Section IV, Bidding Forms.

Page 47 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

2.2 Equipment
The Bidder must demonstrate that it will have access to the key Contractor’s equipment listed
hereafter.

Min. Number
No. Equipment Type and Characteristics with Capacity
required
1 Mobile type Fully automatic RMC batching plant (capacity 30 cum/ hr.) 1 Nos.
2 Transit mixture with capacity not less than 5 Cum 6 Nos.
3 Concrete Pump 2 Nos.
4 Concrete mixture machine with weigh batcher 3 Nos.
5 J.C.B. or Excavator 5 Nos.
6 Excavator Concrete Breaker/ Cutter 1 Nos.
7 Pile driving (Hammer) machine 0 Nos.
8 Pile rigging (Auger) machine 0 Nos.
9 Goods cum Lift for minimum capacity of 300 Kg. 6 Nos.
10 Shuttering (Steel Acro Plate, Plywood as approve by EIC) 10000 Sqm
11 Steel Props/ Cup locks (with accessories) 7500 Nos.
12 Vibrator (Needle) + Surface Vibrator (Operating with Electricity) + Diesel 20 Nos.
Vibrator
13 Water Tanker 5 Nos.
14 Trucks/ Dumpers 10 Nos.
15 Pump/ Motor (min. 1.5 HP) 3 Set
16 Dewatering Pump (min. 2 HP) 3 Set
17 Diesel Generator/ Electrical Inverter with 4 hr. Battery backup 3 Set
18 Motor Grader 2 Nos.
19 Dozer 2 Nos.
20 Frontend Loader 2 Nos.
21 Truck Crane 2 Nos.
22 Road Roller Machine 2 Nos.
23 Vibratory Roller 2 Nos.
24 Tandem Roller 1 Nos.
25 Pneumatic Transfer Roller 1 Nos.
26 Mini Roller/ Vibrator 1 Nos.
27 Hot Mix Plant 1 Nos.
28 Bitumen Sprayer 2 Nos.
29 Access Platform 2 Nos.
30 Aluminum Roll Forming Machine 5 Nos.
31 Zipping Machine 3 Nos.
32 Standard Testing Laboratory (As prescribed) Annexure-I

The Bidder shall provide further details of proposed items of equipment using the relevant From in
Section IV.

Page 48 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

1. RMC plant shall be installed at the work site only. The plant shall be solely used for this project
only and no commercial use of the plant will be allowed. If sufficient space is not available nearby
the site, the nearest possible space can be found by the contractor with consent of department.
2. The above indicative lists of minimum machinery shall be modified in accordance with
requirement of work on case-to-case basis.
3. The above information may be furnished for each machinery and equipment listed herewith.
4. The present condition/ location of machinery should be furnished in detail. i.e. (i) Site of Work
(ii) Own Workshop (iii) Other Places.
5. Describe the fabrication and workshop facilities (a) to be set up at site (b) to be subcontracted
locally (c) to be set up in any other place with relevant details.
6. The above information shall be supported with necessary documents i.e., Bill/ Invoice etc.
otherwise, the same shall be treated as null & void.
7. Machinery/ Equipment ownership as lease/ hire agreement for the work under tender shall be
considered as valid proof for assured availability. leased agreement must indicate the current
lease expiry date.
8. Minimum 1 no. Diesel Generator/ Electrical Invertor with 4 hr. Battery backup must be provided
by the bidder for routine/ daily office/ work infrastructure.

Page 49 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

2. Financial Part
2.1 Multiple Contracts if permitted under ITB 35.3 will be evaluated as under.
Deleted

2.2 Other Criteria (if permitted under ITB 35.1 (f)

In addition to the criteria listed in ITB 35.1 (a) – (e) the following criteria shall apply:
(i) For equipment to be deployed on each contract as per the list provided in this bidding
document, successful bidder shall have to submit notarized affidavit, before issue of letter of
acceptance by the Employer / Client, stating that the same will be deployed well in time at the
commencement of work.
(ii) For personnel to be fielded on each contract as per the list provided in this bidding document,
successful bidder shall have to submit notarized affidavit, before issue of letter of acceptance
by the Employer/ Client, stating that the same will be mobilized well in time at the
commencement of work.

Page 50 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section IV - Bidding Forms

Letter of Bid – Technical Part

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the
Bidder’s complete name and address.

Note: All italicized text is for use in preparing these forms and shall be deleted from the final
products.

Identification No.: _______________________________, Dated XX Month,2025.

To,
Directorate of Tourism, 3rd Secretariat, Nokrek
Building, Lachumiere, Meghalaya, India
We, the undersigned, hereby submit our bid, in two parts, namely:
(a) the Technical Part, and
(b) the Financial Part
In submitting our Bid, we make the following declarations:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB 8);
(b) We meet the eligibility requirements and have no conflict of interest in accordance with
ITB 4;
(c) We offer to execute in conformity with the Bidding Documents the following Works:
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA,
INDIA (EPC MODE).
(d) Our bid shall be valid for a period of 120 days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period;
(e) We accept the appointment of _______________________________ as the Adjudicator.
(f) Or we do not accept the appoint of __________________________________ as the Adjudicator,
and propose instead that ___________________________________________[insert name] be
appointed as Adjudicator.
(g) If our bid is accepted, we commit to obtain a performance security in accordance with
the Bidding Document;
(h) We are not participating, as a Bidder, in more than one bid in this bidding process in
accordance with ITB 4.2.

Page 51 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(i) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any
part of the contract, has not been declared ineligible by the Employer.
(j) We are not a government owned entity/ We are a government owned entity but meet
the requirements of ITB 4.58;
(k) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption.
(l) We also undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in force
in India on date namely “Prevention of Corruption Act 1988.”
(m) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed;
(n) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive; and

If awarded the contract, the person named below shall act as Contractor’s Representative:

Page 52 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

2 Technical Proposal
Technical Proposal Forms

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- Equipment

- Personnel

- Sub-contracting elements or works which in aggregate adds to more than10% of Bid price (for
each the qualifications and experiences on the identified subcontractor in the relevant field
should be given.)

- Others

- Form of Bid Security - Bank Guarantee

Page 53 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix to Technical Part Technical Proposal – Site Organization

[Insert Site Organization information]

Technical Proposal – Method Statement

[insert method Statement – A detailed note should be submitted outlining bidders proposed
methodology and program of construction, backed with equipment, materials and manpower
planning and deployment, duly supported with broad calculations and quality control
system/assurance procedures proposed to be adopted, justifying their capability of
execution and completion of the work as per technical specifications within the stipulated
review of completion as per mile stones]

Technical Proposal – Mobilization Schedule

[Insert Mobilization Schedule]

Technical Proposal – Construction Schedule

[Insert Construction Schedule]

Technical Proposal – Subcontracting

[Insert proposal of sub-contracting elements of works amounting to more than 10% of the
bid pricefor each element and indicate the name of the sub-contractor, its qualifications and
experiences to execute that element satisfactorily]

Page 54 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix to Technical PartForms for Personnel

Form PER – 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification
Criteria). The data on their experience should be supplied using the Form below for each
candidate.

Years of Experience in proposed

Sr. position
Years of
Position Name Qualification
No. Experience
Building* Hospitality
Others* Total
works Buildings*

(* Modify this as appropriate to suit the works for which bids are invited).

Page 55 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix to Technical Part

Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be
used for evaluation.

Position*

Personnel Name * Date of birth

information
Professional qualifications

Present Name of Employer

employment
Address of Employer

Telephone Contact (Manager)

Fax E-mail

Job title Years with present Employer

Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.

From* To* Company, Project, Position, and Relevant Technical and Management Experience*

Page 56 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix to Technical PartForm for Equipment

The bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and
Qualification Criteria). The Bidder shall provide all the information requested below.

Sr. Item of Age No. availableand To be

Description Make Capacity Condition Owned Leased
No. Equipment (years) present location Purchased

Page 57 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Form SC-Sub-Contracting
SCHEDULE OF SUBCONTRACTORS

Qualification and experience

Approximate Name and
% of bid of sub- contractor on similar
Item Element of work value of sub- address of sub-
price works of the elements
contract contractor
executed

The Bidder shall enter in this schedule a list of the major sections and appropriate value of
the work for which he proposes to use subcontractors [for those costing more than 10% of
the bid price for each element], together with the names, addresses and experiences of the
proposed subcontractors.

The capability of the sub-contractor will also be assessed (on the same lines as for the main
Contractor) before according approval to him.

(Work should not be split into small parts and sub-contracted; but sub-contracting
specialized elements of works is acceptable).

Page 58 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation
and Qualification Criteria) the Bidder shall provide the information requested in the
corresponding Information Sheets included hereunder.

Page 59 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Form-ELI -1.1: Bidder Information Form

Date: [insert day, month, year]

NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

1.1 Bidder Information

Bidder’s legal name

In case of JV, legal nameof each

member

Bidder’s country ofconstitution

Bidder’s year ofconstitution

Bidder’s legal address incountry of

constitution

Bidder’s authorized representative

(name, address, telephone
numbers, fax numbers, e-mail
address)

Attached are copies of the following original documents.

1. In case of single entity, articles of incorporation or constitution of the legal entity names above,
in accordance with ITB 4.1.1 and 4.3.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
3. In case of JV, letter of intent to form JV or JV agreement: in accordance with ITB 4.1.2 read with
BDS.
4. In case of government-owned entity, documents establishing legal and financial authority and
compliance with the principles of commercial law in accordance with ITB 4.5 read with Sub-
clause 2.1.4 of Qualification Criteria.
5. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Page 60 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix to Technical Part

Form-ELI -1.2: JV Information Form
(Where permitted as per BDS ITB 4.1.1)
Each member of a JV must fill in this form
Date: [insert day, month, year]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

JV/ Specialist Subcontractor Information

Bidder’s legal name

JV Member’s or
Subcontractor’s legal name

JV Member’s or
Subcontractor’s country of
constitution

JV Member’s or
Subcontractor’s year of
constitution

JV Member’s or
Subcontractor’s legal address
in country of constitution

JV Member’s or
Subcontractor’s authorized
representative information
(name, address, telephone
numbers, fax numbers, e-mail)

Attached are copies of the following original documents.

1. Articles of incorporation or constitution of the legal entity named above, in accordance with
ITB 4.1.1read with BDS and ITB 4.1.2.
2. Authorization to represent the firm names above, in accordance with ITB 20.2.
3. In the case of government-owned entity, documents establishing legal and financial
autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 4.5read
with Sub-Clause 2.1.4 of Qualification Criteria.
4. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Page 61 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION DETAILS FIRM ‘A’ FIRM ‘B’

(Lead Member)

Financial

Name of the Banker(s)

Planning

Construction Equipment

Key Personnel

Execution of Work (Give details on

proposed contribution of each)

The Joint Venture should indicate the details of participation as above.

Page 62 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Form CON– 2
Historical Contract Non-Performance, Pending Litigation and Litigation History
[The following table shall be filled in for the Bidder and for each member of a Joint Venture]
Bidder’s Name: [insert full name] Date: [insert day, month, year]
Joint Venture Party Name: [insert full name]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

Non-Performed Contracts in accordance with Section III, Qualification Criteria and Requirements

 Contract non-performance did not occur during the (number) years specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.2.1.
 Contract(s) not performed during the (number) of years specified in Section III, Qualification
Criteria and Requirements, requirement 2.2.1

Non- performed
Total Contract Amount
Year portion of Contract Identification
(in Indian Rupees)
contract

[indicate complete contractname/ number, and

any other identification]

[insert [insert amount Name of Employer: [insert full name]

[insert amount]
year] and percentage] Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]

Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements

 No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.3.

 Pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub- Factor
2.2.3 as indicated below.

Page 63 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

Amount in Total Contract Amount

Year of dispute Contract Identification
dispute (Rupees) (in Indian Rupees)

Contract Identification: [indicate complete

contract name, number, andany other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issuesin
[insertyear] [insert amount] [insert amount]
dispute]
Party who initiated the dispute:[indicate
“Employer” or “Contractor”]
Status of dispute: [Indicate if it is being
treated by the Adjudicator, under
Arbitration or being dealt with by the
Judiciary]

 No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2.3.
 Pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-Factor
2.2.3 as indicated below.

Outcome as
Total Contract Amount
Year of award percentage of Contract Identification
(in Indian Rupees)
Net Worth

Contract Identification: [indicate complete

contract name, number, andany other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
[insert Matter in dispute: [indicate main issuesin
[insertyear] [insert amount]
percentage] dispute]
Party who initiated the dispute:[indicate
“Employer” or “Contractor”]
Status of dispute: [Indicate if it is being
treated by the Adjudicator, under
Arbitration or being dealt with by the
Judiciary]

Page 64 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

Appendix to Technical Part Financial Situation

FORMAT 3.1 Historical Financial Performances Bidder’s Legal Name:
Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

To be completed by the Bidder and, if JV, by each member

SUMMARY OF FINANCIAL STATEMENTS

Name of bidder/ JV Member:

(Equivalent Rs. Million)

Actuals for Previous five years Ref. of Page

Sr. Financial Information in Rupeeequivalent excluding the current financial year , Nos. of
with exchange rate at the end of concerned
No. 2020-21, 2021-22, 2022-23 & 2024- Balance
year
25) Sheets

(1) (2) (3) (4) (5) (6) (7) (8)

1. Total Assets

2. Total Turnover

3. Current Assets

4. Current Assets + Loan & Advances

5. Total Liabilities

6. Current Liabilities

7. Current liabilities & provision

8. Profit before Interest and Tax

9. Profit before Tax

10. Profit after Tax

Shareholder’s Funds (Net Worth) = (Paid up

equity + Reserves) - (revaluation reserves +
11.
Miscellaneous expenditure not written off)
Depreciation

12. Current Ration (2)/ (5)

Page 65 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

13. Net cash accruals = Profit

14. after Tax + depreciation

This information should be extracted from the Annual Financial Statements/ Balance Sheets, which
should be enclosed. Year 1 will be the latest year for which audited financial statements are available.
Year 2 shall be the year immediately preceding year 1 and year 3 shall be the year immediately
preceding Year 2.

Financial documents
The Bidder and its parties shall provide copies of the balance sheets and/or financial statements for 5 years
pursuant Section III, Qualifications Criteria and Requirements, Sub-factor 2.3.1. The financial statements
shall:
(a) reflect the financial situation of the Bidder or member to a JV, and not sister or parent companies.
1. (b) be audited by a certified Chartered Accountant.
2. (c) be complete, including all notes to the financial statements.
(d) Correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).
 Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the 5 years required above; and complying with the requirements (If the most
recent set of financial statements is for a period earlier than 12 months from the date of bid, the
reason for this should be justified)
 Attached is a copy of certificate given from the commercial bank assuring cash flow (working
capital for contraction) in the format attached.

Page 66 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

FORM FIN–3.1(A)
FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CASH FLOW
[To be given from a Nationalized or Scheduled Bank in India-No substitute other than this will be
acceptable)]
Clause 2.3.1(b) of Section II – Qualification Criteria

(1) AVAILABILITY OF CASH FLOW (WORKING CAPITAL)

This is to certify that M/s. is a reputed company with

a goodfinancial standing.

If the contract for the works, namely ____________________ is awarded to the

above firm, we shall be able to provide overdraft/ credit facilities to the extent of Rs. to
meet their capital requirements for executingthe above contract.

-- Sd. --

Name of Bank Manager/ Senior Bank Manager

Address of the Bank

*Change the text as follows for Joint venture:

This is to certify that M/s. ………………………………. who has formed a JV with M/s.
………………………….. and M/s. …………………………….. for participating in this bid, is a reputed
company with a good financial standing.

If the contract for the work, namely ................................................................................ is awarded

to the above Joint Venture, we shall be able to provide overdraft/credit facilities to the extent of Rs.
......................................................................................................................................... to meet the
working capital requirements
for executing the above contract.

[This should be given by the JV members in proportion to their financial participation.]

Page 67 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

Form FIN – 4.1

General Construction Experience: Annual Construction Turnover
[The following table shall be filled in for the Bidder and for each member of a Joint Venture]

Bidder's/ Joint Venture Member's Legal Name: [insert full name]

Date: [insert day, month, year]
JV Party Legal Name: [insert full name]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

Annual turnover data (construction only) *

Year Amount in Rupees

2024-25 [insert amount]

2023-24 [insert amount]

2022-23 [insert amount]

2021-22 [insert amount]

2020-21 [insert amount]

Average [insert amount]

* Annual construction turnover calculated as total certified payments received for work inprogress or
completed, for 5 years. Specified in Section III, Qualification Criteria andRequirements, Sub-Factor
2.3.2. This should be certified by a Chartered Accountant.

Page 68 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

JOINT VENTURE

Names of all members of a Joint venture

1. Member in charge

2. Member

Total value of annual construction turnover, in terms of work billed to clients, in Rupees.

Annual Turnover Data (construction only; in Rupees *)

Form 2 Year 1 Year 2 Year 3 Year 4 Year 5

Member Average
pages no. 2020-21 2021-22 2022-23 2023-24 2024-25

1. Member incharge

2. Member

TOTALS

To be certified by a chartered accountant

Name and address of Bankers to the Joint Venture

Provide details regarding financial responsibility and participation (percentage share in the total) of
each firm in the Joint Venture. Attach a Memorandum of Understanding for the Proposed Agreement
of joint Venture which should lay down responsibility regarding work and financial arrangements in
respect of each of the firm in the Joint Venture (Refer also ITB Clause 4.1).

Page 69 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

Form EXP - 4.2(a)

Past Construction Experience
[The following table shall be filled in for contracts performed by the Bidder, each member of aJoint
Venture, and specialist sub-contractors]

Bidder's/Joint Venture Member's Legal Name: [insert full name]

Date: [insert day, month, year]
JV Party Name: [insert full name]NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages
(B) Work performed as prime Contractor or approved Sub-Contractor or approved Management
Contractor (in the same name and style) on construction works of a similar nature and volume
over the last five years9. [Attach certificate from the Engineer In-charge.]

Date of Remarks
Stipulated Actual Date
Project Name of Description Contract Value of Issue of explaining
Date of of
Name Employer of work No. contract Work reasons for
Completion Completion
Order Delay, if any

Page 70 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Form for Current Contract Commitments/ Works in Progress

Bidders and each member to a JV should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
(A) Existing commitments and on-going works:

Description Place Contract No. Name Value of Stipulated Value of works* Anticipated
of Work & & Date and Address Contract period of remaining to be date of
State of Employer (Rupees) completion completed completion
(Rupees)

(1) (2) (3) (4) (5) (6) (7) (8)

(B) Works for which bids already submitted and likely to be awarded– expected additional
commitment.

Description Place Name and Estimated value of Stipulated Date when Remarks
of Work & Address of works (Rupees) period of decision is
if any
State Employer completion expected

(1) (2) (3) (4) (5) (6) (7)

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

Page 71 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Site Visit Format

Date of Visit:

Tender Name and ID:

Site visit conducted by:

Name of the Bidder:

Site address:

Report:

Bidder’s Name & Signature: Verified by:

Executive Engineer,
Directorate of Tourism,
Meghalaya, Shillong.

Page 72 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Form of Bid Security - Bank Guarantee

[Guarantor letterhead or SWIFT identifier code]

Bid Guarantee No… ........................................................... [insert guarantee reference number]

Date…..................................................................... [insert date of issue of the guarantee]

WHEREAS, [name of Bidder]12 (hereinafter called "the

Bidder") has submitted his Bid dated [date] or will submit his Bid for the
construction of [name of Contract] (hereinafter called"the Bid")
under Invitations for Bids No………………………. [insert number] (hereinafter called “the IFB”)

KNOW ALL PEOPLE by these presents that We ____________________________ [name o f bank]

of [name of country] having our registered
office at (hereinafter called "the Bank") are bound
unto [name of Employer] (hereinafter called "the
13
Employer") in the sum of for which payment well and truly to be
made to the said Employer the Bank binds itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this_________________day of_____________20____.
THE CONDITIONS of this obligation are:
(1) If after Bid opening the Bidder (a) withdraws his bid during the period of Bid validity specified
in the Letter of Bid; or (b) does not accept the correction of the Bid Price pursuant to ITB 36;
or
(2) If the Bidder having been notified of the acceptance of his bid by the Employer during the period
of Bid validity:
(a) fails or refuses to execute the Contract Agreement in accordance with the Instructions to
Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Bidders.
We undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any of the
four conditions, specifying the occurred condition or conditions.

12
In the case of a JV, the bidder should be stated as “a Joint Venture consisting of ………., and …….”.
The Bidder should insert the amount of the guarantee in words and figures denominated in Indian
13

Rupees. This figure should be the same as shown in Clause 19.1 of the Instructions to Bidders.

Page 73 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

This Guarantee will remain in force up to and including the date___________________________________14

days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders
or asit may be extended by the Employer, 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]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

45 days after the end of the validity period of the Bid.

14

Page 74 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

LETTER OF BID – FINANCIAL PART

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the
Bidder’s complete name and address.

Note: All italicized text is for use in preparing these forms and shall be deleted from the final
products.

Identification No..:,
Dated XX Month, 2025.
To,
Directorate of Tourism, 3rd Secretariat, Nokrek
Building, Lachumiere, Meghalaya, India

We, the undersigned, hereby submit the second part of our Bid, the Bid Price. This accompanies the
Letter of Bid- Technical Part.
In submitting our Bid, we make the following additional declarations:
(a) Our bid shall be valid for a period of 120 days from the date fixed for the bid submission deadline
in accordance with the Bidding Documents, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;
(b) The total price of our Bid, including any discounts offered is:

Total price is: Rs. ……………………. [insert the total price of the Bid in words and figures]; including GST***;

(c) We have paid, or will pay the following commissions, gratuities, or fees with respect to the
bidding process or execution of the Contract: [insert complete name of each Recipient, its full
address, the reason for which each commission or gratuity was paid and the amount and
currency of each such commission or gratuity]

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

Name of the Bidder*[insert complete name of person signing the Bid]

Page 75 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert complete name
of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and capacity are shown
above]

Date signed _ [insert date of signing] day of _ [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with
the Bid Schedules.

***: GST shall be paid according to the current norms of India.

Page 76 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Price Schedule
Preamble:
1) The Price Schedule shall be read in conjunction with the Instruction to Bidders, Bidding Data,
Conditions of Contract, Particular Conditions of Contract, Employer’s Requirements, Special
Specifications, Standard specifications and Drawings.
2) Price Schedule comprises for entire scope of work for DEVELOPMENT OF UMIAM LAKE AS
ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE) and all other works of
permanent and temporary nature to complete these works as contained in the tender
documents and drawings. Provision of Barricading for these works, supporting of utilities and
diversion of required utilities are also included in this schedule. The Bidder has to quote the total
lump sum amount in Schedule ‘A’. All the dismantling work required for the construction work
is included in this schedule.
3) The contractor’s rates/price, quoted for various item of works as relevant in Price Schedule, shall
be inclusive of Preconstruction Investigation Works not limited to Topographical Survey & Soil
Investigation, Design & Drawings, Overhead charges, which include all items such as site
accommodation, setting up plants, access road, water supply, electricity, and general site
arrangements, expenses on contractor’s site office, site supervision, documentation, and “as
built’’ drawings, mobilization/ demobilization of resources, laboratory equipment’s, quality
control, laboratory testing, tools & plants, bore holes, watch & ward, traffic management during
construction, expenditure of safeguarding environment, staff / labour housing facilities, proper
sanitation facilities, sundries, financing charges, Goods and Service Tax, labour cess, work
insurance, compensation etc. and all expenditures incidental to works.
4) The specifications of materials shall be governed by National Building Code 2016, CPWD
Specifications & guidelines (Latest Editions), Technical Specifications as given in Part 2 Section
XI Employer’s Requirement, applicable IS Codes & Standards, relevant BIS codes and stated
elsewhere.
5) Labour deployment shall be governed by applicable labour laws prevailing in the State of
Meghalaya, as well Government of India.
6) Contractor will make his own arrangement for borrowing earth, and procurement of coarse &
fine stone aggregates, cement, steel, bituminous products and all other construction materials
and shall be responsible for payment of royalties and other charges that become payable to the
State/ Owners.
7) The dismantled material shall become the property of contractor, (except the steel received by
dismantling the old steel structures), if any, the same shall be the property of the Employer,
contractor will hand over the same, after dismantling, to the nearest store of the Employer,
dismantling charges and transportation charges shall be borne by the contractor), for which
contractor should consider or include the salvage value in the rates quoted. The materials
recovered from cutting of hard rock/ rock or roadway may be used by the Contractor, if found
of the allowable quality, for the different works to be carried out as per bills of quantities. The
Contractor has to deposit the required royalty/ taxes with the concerned department for the
quantity used in the works and as certified by the Engineer. Bidders are advised to take it into
account and quote the rates and prices accordingly.
8) The source of materials and samples are required to be approved from the Engineer before the
start of any work. However, the contractor shall be solely responsible for quality of materials as
per specifications.

Page 77 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

9) The rates of items include cost of testing of soil, aggregates, other construction materials and
works.
10) It will not be obligatory on the part of the Engineer to provide any assistance to obtaining
lease/ permits for extraction of aggregates (fine & course). The contractor will not be entitled
to any excuse whatsoever on account of any delays in obtaining aggregates (fine & course) to
be used on the works.
11) The dismantling or shifting of utilities will be done by the concerned (owning) department/
entity under the supervision of the Engineer. If, however, certain utilities/ services are affected
during execution of works, contractor shall immediately inform the Engineer and carry out
corrective measures, under the supervision of the concerned department/ entity with prior
information to the users.
12) Latest IS Codes/ BS Standards shall be referred to during construction.
13) All environmental safeguard measures are incidental to the work and nothing extra, whatsoever,
on this account is payable to the contractor.
14) Survey and Setting Out
If at any time the contractor believes that there exists a discrepancy between the location of the
works as defined by the setting out and the apparent location of the works as shown in the
plansor required by the site conditions, he shall immediately inform the Engineer and request
clarification.
15) Notice Board
The Contractor shall erect where directed by the Engineer signboards in accordance with the
requirement: Project Signboard. Project signboards shall be satisfactorily provided, installed,
maintained throughout the Contract period and subsequently removed.
No separate payment shall be made for compliance with the requirements of this clause. The
payment shall be deemed to be included in the Contractor’s tendered rates of other items.
16) Errors will be corrected by the Employer for any arithmetical error pursuant to relevant clause
of the Instruction to Bidder.
17) Environmental Management Works-
The contractor shall take all precautions for safeguarding the environment during the course of
construction of the works. He shall abide by all the prevailing laws, rules and regulations
governing pollution and environmental protection. In particular, the contractor shall fully
comply with the environmental protection mitigation measures specified in relevant and
applicable national and state laws. .
18) Provision and Maintenance of Camps, Offices, Equipment Yards and Workshops
The contractor shall provide and maintain such accommodation and amenities as necessary for
all his staff and labour, employed for the purposes of or in connection with the contract,
including all fencing, water supply (both for drinking and other purposes), electricity supply,
sanitation, cook houses and other requirements in connection with such accommodation and
amenities. On completion of the contract, unless otherwise agreed with the Employer, all the
temporary camps/ housing provided by the contractor shall be removed and the site(s)
reinstated to its (their) original condition, all to the approval of the Engineer.
19) Provision of First Aid / Medical Facilities

Page 78 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

The contractor shall provide information to his workers on methods of avoiding sexually
transmitted diseases and infection by HIV / AIDS. The awareness programs launched for the
prevention of HIV/ AIDS should be well documented.
20) Obtaining approval from civic agencies (Regulatory & Statutory authorities) for the building
plans/ designs and drawings will be the responsibility of the contractor.
21) The payments to contractor will generally be made on monthly basis for actual work done for
the items on pro-rata basis of percentage work actually completed in different items of
Schedule-A of Pricing Document.
22) Whenever the specifications/ details for any given item(s) fall short of describing the requisite
design parameters, process/ methodology, the best industry practices as approved by Engineer
will be followed for execution by the contractor.
23) The Scope of Works under this Contract will be to Study, Investigate, Design, Engineer, Procure,
Build and Hand over Project as per the Contract and include (but not limited to) the following;
a) Conduct necessary study of the site, technical investigations, relocation requirements,
understand Employers Requirements, undertake planning and design of the facility as per the
Employer’s Requirements and the Contract
b) In consultation with the Employer/ Engineer and in compliance with the Contract, prepare and
submit a Detailed Project Criteria document comprising of Schedule of Design & Drawings,
Procurement Plan, , Standards and Specifications, Material and Make schedule, Project schedule,
Project Management Plan, Quality Assurance Plan, Communication & Reporting systems,
Testing and Commissioning Plan, Project close out documentation schedule, Maintenance
Schedule during Defect Notification Period, other service level requirements, Environment
Compliance Plan etc.
c) Undertake development of Concept Design, Detailed Design and Construction Drawings in
compliance with Employer Requirements, requirements and norms of local statutory bodies
(such as but not limited to Municipal Corporations, Fire authorities, Pollution Control Board,
Electrical Inspectorate etc.), Environment Compliance Plan as directed by Authority, applicable
codes and standards, RFP documents issued by the Employer and as per the essence of the
Contract such as time, quality, aesthetic and functional requirements for a tourism destination
d) Obtain necessary Statutory Approvals, Licenses, Permits etc. from the concerned local
Authorities and undertake site preparation and mobilization works including erection of
protective metal sheet barricades along the approach road and boundaries of the site, erect
temporary structures such as site office, labor camps, material storage yards, construction power
and water, site clearance and grading etc.
e) Undertake construction of the Project as per the approved design and specifications including
foundation, super structure, internal and external finishes, façade, roofing, mechanical and
electrical services, site development and infrastructure, utilities, parking, landscaping,
equipment, Interior Finishes, facilities etc. as per the Employers Requirement and this Contract.
f) Undertake Project Administration such as Project review meetings, publishing periodic reports
covering status, progress, quality, risks, mitigation plans, issues of concern, stakeholder support
requirements, way forward etc. such that project is delivered as per the Timeline, Quality and
Contract. Proactively coordinating and obtaining all necessary approvals, decisions in
accordance with the Project Timeline and requirements such that the work is not held up for
want of any decision or approvals. Ensure that all statutory, labor, insurance and other
compliances are observed as per the Contract and local laws.

Page 79 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

g) Conduct Construction Administration to ensure that the work is progressing as per the Project
schedule, quality and monitor performance and ensure appropriate coordination between the
all consultants, site personnel, sub-contractors, Employer’s representatives, external consultants.
Implement an efficient manpower deployment, procurement and inventory plan such that work
is not held up on account of deficiency of resources. Conduct quality verification, testing and
facilitate approvals as per the Quality Assurance Plan.
h) Implement Testing and Commissioning Plan with appointed Engineers and Employer’s
representatives, stakeholders so that the Project becomes operational complying to the
Employer’s Requirements and the Contract
i) Ensure smooth handing over of the Project by submitting close out documents including as
built drawings, testing and commissioning documents, maintenance agreements for equipment
and capital items, warranty certificates, service level charts, operation and maintenance manuals,
training to facility management team, punch lists for rectification etc. Ensure the defect lists are
rectified within the stipulated timeline and the Project is handed over as per the Contract.
j) Undertake periodic design review and iteration meetings with the Employer and/or Engineer
from time to time as per the Design development schedule obtain necessary approvals from the
Engineer.
24) Post construction Defects Liability cum Maintenance Period
The contractor shall be liable for any defects that occurred after completion of the work for a
period of 3 year.

16
The total amount is automatically calculated by the e-procurement system, from unit rates and quantities,
where the e- procurement system supports such functionality.
17
The amount in words is automatically populated by the e-procurement system, where the e-procurement
system supports such functionality.

Page 80 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works, and Services

In reference to ITB 4 . 3 , 4.7, and 5.1, for the information of the Bidders, at the present
time firms, goods and services from the following countries are excluded from this bidding
process:

Under ITB 4.7 (a) and 5.1 : None

Under ITB 4.7 (b) and 5.1 : None

Page 81 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section VI. –General Corrupt and Fraudulent Practices

(Section VI shall not be modified)
Guidelines for Procurement of Goods, Works, and Non-Consulting: “Fraud and Corruption:

1.16 The Borrowers, bidders, suppliers, contractors and their agents (whether declared or not), sub-
contractors, sub-consultants, service providers or suppliers, and any personnel thereof, observe
the highest standard of ethics during the procurement and execution of contracts.18 In
pursuance of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything
of value to influence improperly the actions of another party;19
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to
avoid an obligation;20
(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party;21
(iv) “Coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a party;22
(v) “Obstructive practice” is
(aa) deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede a
investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the inspection and audit rights provided for
under paragraph 1.16(e) below.
18
In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
19
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the
procurement process or contract execution. In this context, “public official” includes employees of other
organizations taking or reviewing procurement decisions.
20
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and
“obligation” relate to the procurement process or contract execution; and the “act or omission” is intended
to influence the procurement process or contract execution.
21
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process
(including public officials) attempting either themselves, or through another person or entity not
participating in the procurement or selection process, to simulate competition or to establish bid prices
at artificial, non-competitive levels, or are privy to each other’s bid prices or other conditions.
22
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or
contract execution will reject a proposal for award if it determines that the bidder recommended for
award, or any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers,
suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;

Page 82 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(b) will declare mis procurement and cancel the portion of the payment allocated to a contract if it
determines at any time that representatives of a recipient of any part of the proceeds of the
payment engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the
procurement or the implementation of the contract in question, without the recipient having
taken timely and appropriate satisfactory action to address such practices when they occur,
including by failing to inform the employer in a timely manner at the time they knew of the
practices;
(c) will require that a clause be included in bidding documents and in contracts, requiring bidders,
suppliers and contractors, and their sub-contractors, agents, personnel, consultants, service
providers, or suppliers, to permit the employer to inspect all accounts, records, and other
documents relating to the submission of bids and contract performance, and to have them
audited by auditors appointed by the employer.”

Page 83 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

PART 2 – Employer’s Requirements

Section VII - Work Requirements
Attached herewith as ANNEXURE A
A. Brief Scope of Works
B. Drawings
C. Technical Specifications
D. List of Approved Makes

Page 84 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section VIII - General Conditions of Contract

A. General

1. Definitions 1.1 Boldface type is used to identify defined terms.

(a) The Accepted Contract Amount means the amount accepted in the
Letter of Acceptance for the executionand completion of the Works
and the remedying of any defects.
(b) Deleted.
(c) The Adjudicator or Dispute Review Expert is the person appointed jointly
by the Employer and the Contractor to resolve disputes in the first
instance, as provided for in GCC 23.
(d) Bank means the financing institution named in the PCC.
(e) Price Schedule means the priced and completed Price Schedule forming
part of the Bid.
(f) Compensation Events are those defined in GCC Clause 42 hereunder.
(g) The Completion Date is the date of completion of the Works as certified
by the Engineer Incharge, in accordance with GCC Sub-Clause 53.1.
(h) The Contract is the Contract between the Employer and the Contractor
to execute, complete, and maintain the Works. It consists of the
documents listed in GCC Sub- Clause 2.3 below.
(i) The Contractor is the party whose Bid to carry out the Works has been
accepted by the Employer.
(j) The Contractor’s Bid is the completed bidding document submitted by
the Contractor to the Employer.
(k) The Contract Price is the Accepted Contract Amount stated in the Letter
of Acceptance and thereafter as adjusted in accordance with the
Contract.
(l) Days are calendar days; months are calendar months.
(m) Deleted.
(n) A Defect is any part of the Works not completed in accordance with the
Contract.
(o) The Defects Liability Certificate is the certificate issued by Engineer
Incharge upon correction of defects by the Contractor.
(p) The Defects Liability Period is the period named in the PCC pursuant to
Sub-Clause 34.3 and calculated from the Completion Date.
(q) Drawings means the drawings of the Works, as included in the Contract,
and any additional and modified drawings issued by (or on behalf of)
the Employer in accordance with the Contract, include calculations and
other information provided or approved by the Engineer Incharge for
the execution of the Contract.

Page 85 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(r) The Employer is the party who employs the Contractor to carry out the
Works, as specified in the PCC.
(s) Equipment is the Contractor’s machinery and vehicles brought
temporarily to the Site to construct the Works.
(t) “In writing” or “written” means hand-written, type- written, printed or
electronically made, and resulting in a permanent record.
(u) The Initial Contract Price is the Contract Price listed in the Employer’s
Letter of Acceptance.
(v) The Intended Completion Date is the date on which it is intended that
the Contractor shall complete the Works. The Intended Completion Date
is specified in the PCC. The Intended Completion Date may be revised
only by the Engineer Incharge by issuing an extension of time or an
acceleration order.
(w) Materials are all supplies, including consumables, used by the Contractor
for incorporation in the Works.
(x) Plant is any integral part of the Works that shall have a mechanical,
electrical, chemical, or biological function.
(y) The Engineer Incharge is the person named in the PCC (or any other
competent person appointed by the Employer and notified to the
Contractor, to act in replacement of the Engineer Incharge) who is
responsible for supervising the execution of the Works and
administering the Contract.
(z) PCC means Particular Conditions of Contract.
(aa) The Site is the area defined as such in the PCC.
(bb) Site Investigation Reports are those that were included in the bidding
documents and are factual and interpretative reports about the surface
and subsurface conditions at the Site.
(cc) Specification means the Specification of the Works included in the
Contract and any modification or addition made or approved by
Engineer Incharge.
(dd) The Start Date is given in the PCC. It is the latest date when the
Contractor shall commence execution of the Works. It does not
necessarily coincide with any of the Site Possession Dates.
(ee) A Subcontractor is a person or corporate body who has a Contract with
the Contractor to carry out a part of the work in the Contract, which
includes work on the Site.
(ff) Temporary Works are works designed, constructed, installed, and
removed by the Contractor that are needed for construction or
installation of Works.
(gg) A Variation is an instruction given by the Engineer Incharge which varies
the Works.

Page 86 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

The Works are what the Contract requires the Contractor to construct,
install, and turn over to the Employer, as defined in the PCC.

2. Deleted

3. Language and 3.1 The language of the Contract and the law governing the Contract are
Law stated in the PCC.
Salient features of major labour and other laws that are applicable to
construction industry in India are given as Appendix 1 to these General
Conditions of Contract.
3.2 Throughout the execution of the Contract, the Contractor shall comply
with the import of goods and services prohibitions in the India when
(a) as a matter of law or official regulations, India prohibits commercial
relations with that country.

4. Engineer 4.1 Except where otherwise specifically stated, the Engineer Incharge shall
Incharge’s decide contractual matters between the Employer and the Contractor in
Decisions the role representing the Employer.
However, if the Engineer Incharge is required, under the rules and
regulations and orders of the Employer, to obtain approval of some
other authorities for specific actions, he will so obtain the approval.
Provided further that any requisite approval shall be deemed to have
been given by the Employer for any such authority exercised by the
Engineer Incharge.

5. Delegation 5.1 Unless otherwise specified in the PCC, the Engineer Incharge may
delegate any of his duties and responsibilities to other people, except to
the Adjudicator/Dispute Review Expert, after notifying the Contractor,
and may revoke any delegation after notifying the Contractor.

6. Communications 6.1 Communications between parties that are referred to in the Conditions
shall be effective only when in writing. A notice shall be effective only
when it is delivered. All oral instructions shall be confirmed in writing in
seven working days.

7. Sub-contracting 7.1 The Contractor may subcontract with the approval of the Engineer
Incharge up to a ceiling specified in PCC, but may not assign the Contract
without the approval of the Employer in writing. Subcontracting shall
not alter the Contractor’s obligations.
7.2 The Engineer Incharge should satisfy himself before recommending to
the Employer whether:
a) the circumstances warrant such sub-contracting; and,
b) the sub-Contractor so proposed for the Work possesses the experience,
qualifications and equipment necessary for the job proposed to be
entrusted to him in proportion to the quantum of Works to be sub-
contracted.

Page 87 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

7.3 If payments are proposed to be made directly to that sub- contractor,

this should be subject to specific authorization by the prime contractor
so that his arrangement does not alter the contractor’s liability or
obligations under the contract.

7.4 The Contractor shall not be required to obtain any consent from the
Employer for:
(a) the sub-contracting of any part of the Works for which the Sub-
Contractor is already named in the contract;
(b) the provision for labour, or labour component, and,
(c) the purchase of materials which are in accordance withthe standards
specified in the contract.
Note:
1. All bidders are expected to indicate clearly in the bid, if they proposed
sub-contracting elements of the works amounting to more than 10
percent of the Bid Price. For each such proposal the qualification and the
experience of the identified sub-contractor in the relevant field should
be furnished along with the bid to enable the Employer to satisfy himself
about their qualifications before agreeing for such sub-contracting and
include it in the contract. In view of the above, normally no additional
sub- contracting should arise during execution of the contract.
2. However, [a] sub-contracting for certain specialized elements of the
work is not unusual and acceptable for carrying out the works more
effectively; but vertical splitting of the works for sub-contracting is not
acceptable. [b] in any case, proposal for sub-contracting in addition to
what was specified in bid and stated in contract agreement will not be
acceptable if the value of such additional sub-contracting exceeds 25%
of value of work which was to be executed by Contractor without sub-
contracting.
3. Assignment of the contract may be acceptable only under exceptional
circumstances such as insolvencies/liquidation or merger of companies
etc.)

8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employerbetween the
dates given in the Schedule of Other Contractors, as referred to in the
PCC. The Contractor shall also providefacilities and services for them as
described in the Schedule. The Employer may modify the Schedule of
Other Contractors, and shall notify the Contractor of any such
modification.

Page 88 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

9. Personnel and 9.1 The Contractor shall employ the key personnel and use the equipment
Equipment identified in its Bid and referred to in the PCC, to carry out the Works or
Compliance other personnel and equipment approved by the Engineer Incharge. The
with Labour Engineer Incharge shall approve any proposed replacement of key
Regulations personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those proposed
in the Bid.
9.2 The Engineer Incharge may require the Contractor to remove from the
Site of Works, a member of the Contractor’s staff or his workforce, who:
(a) persists in any misconduct or lack of care,
(b) carries out duties incompetently or negligently,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety,health, or the
protection of the environment.
9.3 If the Employer, Engineer Incharge or Contractor determines, that any
employee of the Contractor be determined to have engagedin corrupt,
fraudulent, collusive, coercive, or obstructive practice during the
execution of the Works, then that employee shall be removed in
accordance with Clause 9.2 above.
9.4 In all the above cases, the contractor shall ensure that the person leaves
the site within seven days and has no further connection with the work
in the contract. The Contractor shall appoint a suitable replacement
within 28 days or earlier as may be agreedto between the Engineer
Incharge and the Contractor.
9.5 The Contractor shall not employ any retired Gazetted officer who has
either not completed two years after the date of retirement or has not
obtained permission from the Government authorities for employment
with the Contractor.25
25
Based on Government Directives.
9.6 The Contractor shall, unless otherwise provided in the Contract, make
his own arrangements for the engagement of all staff and labour, local
or other, and for their payment, housing, feedingand transport. The
Contractor shall, if required by the Engineer Incharge, deliver to the
Engineer Incharge a return in detail, insuch form and at such intervals
as the Engineer Incharge may prescribe, showing the staff and the
numbers of the several classes of labour from time to time employed by
the Contractor on the Site and such other information as the Engineer
Incharge may require.
9.7 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 laws
(including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law prevailing on the
Base Date either by the State or the Central Government or the local

Page 89 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

authority. The Contractor shall keep the Employer indemnified in case

any action is taken against the Employer by the competent authority on
account of contraventions including amendments. If the Employer is
caused to pay or reimburse, such amounts as may be necessary to cause
or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations includingamendments, if
any, on the part of the Contractor, the Engineer Incharge/ Employer shall
have the right to deduct any money dueto the Contractor including his
amount of performance security. The Employer/ Engineer Incharge shall
also have right to recover from the Contractor any sum required or
estimated to be requiredfor making good the loss or damage suffered
by the Employer.
9.8 The employees of the Contractor and the Sub-Contractor in no case shall
be treated as the employees of the Employer at any point of time.
The Contractor shall duly comply with the provisions of the Apprentices
Act 1961 (III of 1961) and the rules made there under, and comply, failure
or neglect to shall be subject to all liabilities and penalties provided in
the said Act and Rules.

10. Employer’s and 10.1 The Employer carries the risks which this Contract states are Employer’s
Contractor’s risks, and the Contractor carries the risks which this Contract states are
Risks Contractor’s risks.

11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has been issued,
the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to property
(excluding the Works, Plant, Materials, and Equipment), which are due to
I. use or occupation of the Site by the Works or for the purpose of the
Works, which is the unavoidable result of the Works or
II. negligence, breach of statutory duty, or interference with any legal right
by the Employer or by any person employed by or contracted to him
except the Contractor.
(a) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of theEmployer or in the Employer’s
design, or due to war or radioactive contamination directly affecting the
country where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate has been
issued, the risk of loss of or damage to the Works, Plant, and
Materials is an Employer’s risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was not itself an
Employer’s risk, or the activities of the Contractor on the Site after the
Completion Date.

Page 90 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

12. Contractor’s 12.1 From the Starting Date until the Defects Liability Certificate has been
Risks issued, the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials, and
Equipment) which are not Employer’s risks are Contractor’s risks.

13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to theend of the
Defects Liability Period, in the amounts and deductibles stated in the
PCC for the following events whichare due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials [which are
incorporated in works];
(b) loss of or damage to Construction Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract;and
(d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor
to the Engineer Incharge for the Engineer Incharge approval before the
Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the
loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may effect the insurance which the Contractor
should have provided and recover the premiums the Employer has paid
from payments otherwise dueto the Contractor or, if no payment is due,
the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of insurance shall not be made without the
approval of the Engineer Incharge.
13.5 Both parties shall comply with any conditions of the insurance policies

14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data referred
to in the PCC, supplemented by any information available to the
Contractor.

Page 91 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

15. Contractor to 15.1 The Contractor shall construct and install the Works in accordance with
Construct the the Specifications and Drawings and as per instructions of Engineer
Works including Incharge.
protectionof
15.2.1 The Contractor shall take all reasonable steps to protect the
environment
environment on and off the Site and to avoid damage or nuisance to
and assurance
persons or to property of the public or others resulting from pollution,
of public health
noise or other cause arising as a consequence of his methods of
and safety
operation.
15.2.2 During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all existing enactments on
environmental protection and rules made thereunder, regulations,
notifications and by-laws of the Sate or Central Government, or local
authorities and other law, byelaw, regulations that may be passed or
notification that may beissued in this respect in future by the State or
Central Government or the local authority. Salient features of themajor
laws are given in Appendix 1 to the General Conditions of Contract.

16. The Works to be 16.1 The Contractor may commence execution of the Works on the Start Date
Completed by and shall carry out the Works in accordance with the Program submitted
the Intended by the Contractor, as updated with the approval of the Engineer
Completion Incharge, and complete them by the Intended Completion Date.
Date

17. Approval by the 17.1 The Contractor shall submit Specifications and Drawings showing the
Engineer proposed Temporary Works to the Engineer Incharge, for his approval.
Incharge
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Engineer Incharge’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of
the Temporary Works, where required.
All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by the
Engineer Incharge before this use.

18. Safety 18.1 The Contractor shall be responsible for the safety of all activitieson the
Site.

19. Discoveries 19.1 Anything of historical or other interest or of significant value

unexpectedly discovered on the Site shall be the property of the
Employer. The Contractor shall notify the Engineer Incharge of such
discoveries and carry out the Engineer Incharge’s instructions for dealing
with them.

20. Possession of 20.1 The Employer shall give possession of all parts of the Site to the
the Site Contractor. If possession of a part is not given by the date stated in the
PCC, the Employer shall be deemed to have delayed the start of the
relevant activities, and this shall be a Compensation Event.

Page 92 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

21. Access to the 21.1 The Contractor shall allow the Engineer Incharge and any person
Site authorized by the Engineer Incharge 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 Incharge
Inspections and which comply with the applicable laws where the Site is located.
Audits
22.2 The Contractor shall keep and shall make all reasonable efforts to cause
its Subcontractors and sub-consultants to keep, accurateand systematic
accounts and records in respect of the Works in such form and details
as will clearly identify relevant time changes and costs.
22.3 The Contractor shall permit and shall cause its Subcontractors and sub-
consultants to permit, the employer and/or persons appointed by the
employer to inspect the Site and/or the accounts and records relating to
the performance of the Contract and the submission of the bid, and to
have such accounts and records audited by auditors appointed by the
employer if requested by the employer. The Contractor’s and its
Subcontractors’ and sub- consultants’ attention is drawn to Sub-Clause
25.1 which provides, inter alia, that acts intended to materially impede
the exercise of the employer’s inspection and audit rights provided for
under Sub-Clause 22.2 constitute a prohibited practice subject to
contract termination

23. Appointment of 23.1 The Adjudicator/Dispute Review Expert [DRE] named in PCC shall be
the Adjudicator appointed jointly by the Employer and the Contractor, at the time of the
or Dispute Employer’s issuance of the Letter of Acceptance. If, in the Letter of
Review Expert Acceptance, the Employer does not agree on the appointment of the
Adjudicator/DRE, the Employer will request the Appointing Authority
designated in the PCC, to appoint the Adjudicator/DRE within 14 days
of receipt of such request.
23.1.1 The Adjudicator/ DRE should be in position before “notice to proceed
with work” is issued to the Contractor and an agreement should be
signed with the Adjudicator/DRE jointly by the Employer and the
Contractor in the form attached – Appendix 3.
23.2 Should the Adjudicator/ DRE resign or die or should the Employer and
the Contractor agree that the Adjudicator/ DRE is not functioning in
accordance with the provisions of the Contract; a new Adjudicator/ DRE
shall be jointly appointed by the Employer and the Contractor. In case
of disagreement between the Employer and the Contractor, within 30
days, the Adjudicator/DRE shall be designated by the Appointing
Authority designated in the PCC at the request of eitherparty, within 14
days of receipt of such request.

24. Procedure for 24.1. If the Contractor believes that a decision taken by the Engineer
Disputes Incharge was either outside the authority given to the Engineer Incharge
by the Contract or that the decision was wrongly taken, the decision shall

Page 93 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

be referred to the Adjudicator/ DRE within 14 days of the notification of

the Engineer Incharge’s decision.
24.2. The Adjudicator/ DRE shall give a decision in writing within 28 days of
receipt of a notification of a dispute.
24.3. The Adjudicator/ DRE shall be paid daily at the rate specified in the PCC,
together with reimbursable expenses of the types specified in the PCC,
and the cost shall be divided equally between the Employer and the
Contractor. Whatever decision is reached by the Adjudicator/ DRE, either
party may refer that decision to an Arbitrator within 28 days of the
Adjudicator’s.
24.4. DRE’s written decision. If neither party refers the dispute to arbitration
within the above 28 days, the Adjudicator’s/ DRE’s decision shall be final
and binding.
24.5. The arbitration shall be conducted in accordance with the arbitration
procedures published by the institution named and, in the place,
specified in the PCC.
The Arbitrator(s) shall give a decision in writing within 120 days of the
start of the proceedings unless otherwise agreed to by the Parties. The
Arbitrators shall entertain only those issues which have been earlier
referred to the Adjudicator/Dispute Review Expert and either party is
dissatisfied with the decision given by the Adjudicator/ Dispute Review
Expert.

25. Corrupt and 25.1 The Employer requires compliance with its policy in regard to corrupt
Fraudulent and fraudulent practices as set forth in Appendix to the GCC.
Practices
25.2 The Employer requires the Contractor to disclose any commissions or
fees that may have been paid or are to be paid toagents or any other
party with respect to the bidding process or execution of the Contract.
The information shall be disclosed as and when such payments are made
or agreed to, and compliance with the disclosure requirement shall be
furnished, while submitting each monthly statement for payments; such
disclosure must include at least the name and address of the agent or
other party, the amount and currency, and the purpose of the
commission, gratuity or fee.

B. Time Control

26. Program 26.1. Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Engineer Incharge for
approval a revised Program (revising the program given along with the
bid) showing the general methods, arrangements, order, and timing for
all the activities in the Works along with monthly cash flow forecasts.
26.2. An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any changes to
the sequence of the activities.

Page 94 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

26.3. The Contractor shall submit to the Engineer Incharge for approval an
updated Program at intervals no longer than the period stated in the
PCC. If the Contractor does not submit an updated Program within this
period, the Engineer Incharge may withhold the amount stated in the
PCC from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue
Program has been submitted.
26.4. The Engineer Incharge’s approval of the Program shall not alter the
Contractor’s obligations. The Contractor may revise the Program and
submit it to the Engineer Incharge again at any time. A revised Program
shall show the effect of Variations and Compensation Events.
26.5. The Contractor shall furnish monthly progress reports as directed by the
Engineer Incharge by 7th of the succeeding month. The report shall
include charts and detailed descriptions of the progress of identified
activities, photographs showing status of progress at site, records of
Contractor’s personnel and equipment, Quality Assurance documents,
comparison of actual and planned progress as per program.

27. 27. Extension of 27.1 The Engineer Incharge shall extend the Intended Completion Date
the Intended including milestones if a Compensation Event occurs or a Variation is
Completion issued which makes it impossible for Completion to be achieved by the
Date Intended Completion Date as per agreed milestones without the
Contractor taking steps to accelerate the remaining work, which would
cause the Contractor to incur additional cost.
27.2 The Engineer Incharge shall decide whether and by how much to
execute the Intended Completion Date/ Milestones within 21 days of
the Contractor asking the Engineer Incharge for a decision upon the
effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early warning
of a delay or has failed to cooperate in dealing with a delay, the delay by
this failure shall not be considered in assessing the new Intended
Completion Date/ Milestones.

28. Acceleration 28.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Engineer Incharge shall obtain priced proposals
for achieving the necessary acceleration from the Contractor. If the
Employer accepts these proposals, the Intended Completion Date shall
be adjusted accordingly and confirmed by both the Employer and the
Contractor.
28.2 If the Contractor’s priced proposals for acceleration are accepted by the
Employer, they are incorporated in the Contract Price and treated as a
Variation.

29. Delays Ordered 29.1 The Engineer Incharge may instruct the Contractor to delay the start or
by the Engineer progress of any activity within the Works.
Incharge

Page 95 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

30. Management 30.1 Either the Engineer Incharge or the Contractor may require the other to
Meetings attend a management meeting. (This will be held at theplace indicated
in PCC). The periodicity to be fixed by Engineer Incharge/ Contractor
jointly. The business of a management meeting shall be to review the
progress of construction with reference to the construction program
given in accordance with GCC 26.1, the plans for remaining work and to
deal withmatters raised in accordance with the early warning procedure.
30.2 The Engineer Incharge shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties for actions
to be taken shall be decided by the Engineer Incharge either at the
management meeting or after the management meeting and stated in
writing to all who attended the meeting.

31. Early Warning 31.1 The Contractor shall warn the Engineer Incharge at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or
delay the execution of the Works. TheEngineer Incharge may require
the Contractor to provide an estimate of the expected effect of the
future event orcircumstance on the Contract Price and Completion Date.
The estimate shall be provided by the Contractor as soon as
reasonably possible.
31.2 The Contractor shall cooperate with the Engineer Incharge 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 Incharge.

C. Quality Control

32. Quality 32.1 The Contractor shall institute Quality Assurance (QA) and Quality Control
Assurance (QC) systems in accordance with Quality Assurance Plan to demonstrate
compliance with the requirements of the Contract as approved by the
Engineer Incharge.
32.2 Compliance with the QA/QC systems shall not relieve the Contractor of
any of his duties obligations or responsibilities under the Contract.

33. Tests 33.1 The Contractor shall provide all apparatus, assistance, documents and
other information, electricity, equipment, fuel, consumables,
instruments, labour, materials, and suitablyqualified and experienced
staff, as are necessary to carry outthe specified tests efficiently.
33.2 If the Engineer Incharge instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect
and the test shows that it does, the Contractor shall pay for the test and
any samples. If there is no Defect, the test shall be a Compensation Event.

34. Identifying and 34.1 The Engineer Incharge shall check the Contractor’s work and notify the
Correction of Contractor of any defects that are found specifying a time by which it
Defects should be corrected. Such checking shall not affect the Contractor’s

Page 96 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

responsibilities. The Engineer Incharge may instruct the Contractor to

search for a Defect and to uncover and test any work that the Engineer
Incharge considers may have a Defect.
34.2 The contractor shall permit the Employer’s Technical auditor to check
the contractor’s work and notify the Engineer Incharge and Contractor
of any defects that are found. Such a check shall not affect the
Contractor’s or the Engineer Incharge’s responsibility as defined in the
Contract Agreement
34.3 The Engineer Incharge shall give notice to the Contractor of any Defects
[specifying a time limit by which it should be corrected] before the end
of the Defects Liability Period, whichbegins at Completion, and is defined
in the PCC. The Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
34.4 Every time notice of a Defect is given; the Contractor shall correct the
notified Defect within the length of time specified by the Engineer
Incharge’s notice.

35. Uncorrected 35.1 If the Contractor has not corrected a Defect within the time specified in
Defects the Engineer Incharge’s notice, the Engineer Incharge shall assess the
cost of having the Defect corrected and the Contractor shall pay this
amount.
Note:
1. Where in certain cases, the technical specifications provide for
acceptance of works within specified tolerance limits at reduced rates,
Engineer Incharge will certify payments to Contractor accordingly.
2. Where the failure to correct a particular defect within thespecified time
is considered as a fundamental breach of contract a notice should be
given to the contractor as stated in GCC 57.2(e).

D. Cost Control

36. Contract Price Unless otherwise stated in the Particular Conditions:

(a) the Contract Price shall be the lump sum Accepted Contract Amount and
be subject to adjustments in accordance with the Contract

37. Changes in the Deleted

Contract Price

38. Variations o All Variations shall be included in updated Programs, produced by the
Contractor.
o The Contractor shall provide the Engineer Incharge with a quotation
(with breakdown of unit rates) for carrying out the Variation when
requested to do so by the Engineer Incharge. The Engineer Incharge shall
assess the quotation, which shall be given within seven (7) days of the
request or within any longer period stated by the Engineer Incharge and
before the Variation is ordered.

Page 97 of 136
DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

o If the work in the Variation corresponds to an item description in the Bill

of Quantities and if, in the opinion of the Engineer Incharge, the quantity
of work above the limit stated in Sub- Clause 37.1 or the timing of its
execution do not cause the cost per unit of quantity to change, the rate
in the Bill of Quantities shall be used to calculate the value of the
Variation. If the cost per unit of quantity changes, or if the nature or
timing of the work in the Variation does not correspond with items in
the Bill of Quantities, the quotation by the Contractor shall be in the form
of new rates for the relevant items of work.
o If the Contractor’s quotation is unreasonable, [or if contractor fails to
provide the Engineer Incharge with a quotation within a reasonable time
specified by Engineer Incharge in accordance with GCC38.2] the
Engineer Incharge may order the Variation and make a change to the
Contract Price, which shall be based on the Engineer Incharge’s own
forecast of the effects of the Variation on the Contractor’s costs.
o If the Engineer Incharge decides that the urgency of varying the work
would prevent a quotation being given and considered without delaying
the work, no quotation shall be given and the Variation shall be treated
as a Compensation Event. The Contractor shall not be entitled to
additional payment for costs that could have been avoided by giving
early warning.

38.1 Right to Vary

Variations may be initiated by the Engineer Incharge at any time prior to
issuing the Taking-Over Certificate for the Works, either by an instruction
or by a request for the Contractor to submit a proposal. A Variation shall
not comprise the omission of any work which is to be carried out by
others.
The Contractor shall execute and be bound by each Variation, unless the
Contractor promptly gives notice to the Engineer Incharge stating (with
supporting particulars) that (i) the Contractor cannot readily obtain the
Goods required for the Variation, (ii) it will reduce the safety or suitability
of the Works, or (iii) it will have an adverse impact on the achievement
of the Schedule of Guarantees. Upon receiving this notice, the Engineer
shall cancel, confirm or vary the instruction.
38.2 Value Engineering
The Contractor may, at any time, submit to the Engineer a written
proposal which (in the Contractor’s opinion) will, if adopted, (i)
accelerate completion, (ii) reduce the cost to the Employer of executing,
maintaining or operating the Works, (iii) improve the efficiency or value
to the Employer of the completed Works, or (iv) otherwise be of benefit
to the Employer.
The proposal shall be prepared at the cost of the Contractor and shall
include the items listed in Sub-Clause 38.3 [Variation Procedure].
38.3 Variation Procedure

Page 98 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

If the Engineer requests a proposal, prior to instructing a Variation, the

Contractor shall respond in writing as soon as practicable, either by
giving reasons why he cannot comply (if this is the case) or by
submitting:
(a) a description of the proposed design and/or work to be performed and
a program for its execution,
(b) the Contractor’s proposal for any necessary modifications to the
program according Clause 26 [Program] and to the Time for Completion,
and
(c) the Contractor’s proposal for adjustment to the Contract Price.
The Engineer shall, as soon as practicable after receiving such proposal
(under Clause 38.2 [Value Engineering] or otherwise), respond with
approval, disapproval or comments. The Contractor shall not delay any
work whilst awaiting a response.
Each instruction to execute a Variation, with any requirements for the
recording of Costs, shall be issued by the Engineer to the Contractor,
who shall acknowledge receipt.
Upon instructing or approving a Variation, the Engineer shall proceed in
accordance with Clause 4 [Engineer Incharge’s Decisions] to agree or
determine adjustments to the Contract Price and the Schedule of
Payments. These adjustments shall include reasonable profit and shall
take account of the Contractor’s submissions under Sub-Clause 38.2
[Value Engineering] if applicable.

39. Cash Flow 39.1 When the Program is updated, the Contractor shall provide the Engineer
Forecasts Incharge with an updated cash flow forecast. The cash flow forecast shall
be in Indian Rupees.

40. Payment 40.1 The Employer shall make monthly interim payments to the Contractor as
Certificates certified by the Employer’s Engineer, as specified and valued in
accordance with the proportion of the Contract Price assigned to each
item and its stage in Schedule of Payment Milestones.
40.2 The Engineer Incharge shall check the details given in the Contractor’s
monthly statement and within 14 days certify the amounts to be paid to
the Contractor after taking into account any credit or debit for the month
in question in respect of materials for the works in the relevant amount
and under conditions set forth in GCC Sub-Clause 49.4 [Secured
Advance]
40.3 The Contractor shall base its claim for interim payment for the work
executed till the end of the month for which the payment is claimed,
supported with necessary particulars and documents in accordance with
this Agreement. The basis of payment on “Pro rata basis” shall be worked
out on the percentage of work done of total scope of work under their
activity/item for the respective Payment Milestone.
40.4 The proportion assigned to an item will apply only to the Awarded
Contract Price. It shall not apply to any additions or reductions to the

Page 99 of 136
 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Contract Price arising from the issue of any Change of Scope Order. A
Change of Scope Order shall specify the stages of interim payments for
the works covered by such order.
40.5 The value of work executed shall include the valuation of variation and
Compensation Events. The Engineer Incharge 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.
40.6 All such interim payments shall be regarded as payment by way of
advances against final payment only and shall not preclude the requiring
of bad, unsound and imperfect or unskilled work to be rejected,
removed, taken away and reconstructed or re-erected. Any certificate
given by the Engineer-in-charge relating to the work done or materials
delivered forming part of such payment, may be modified or corrected
by any subsequent such certificate(s) or by the final payment certificate
and shall not by itself be conclusive evidence that any work or materials
to which it relates is/are in accordance with the contract and
specifications. Any such interim payment, or any part thereof shall not in
any respect conclude, determine or affect in any way powers of the
Engineer-in-charge under the contract or any of such payments be
treated as final settlement and adjustment of accounts or in any way vary
or affect the contract.
40.7 Deleted
40.8 Deleted
40.9 Deleted.
40.10 Deleted.

41. Payments 41.1 Payments shall be adjusted for deductions for advance payments,
retention, other recoveries in terms of contract & taxes to be deducted
at source [TDS] as per applicable law. The Employer shall pay the
Contractor the amounts certified by the Engineer Incharge within 28
days of the date of each certificate. If the Employer makes a late
payment, the Contractor shall be paid interest on the late payment in
the next payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the late
payment is made at the rate stated in the PCC.
41.2 If an amount certified is increased in a later certificate or as a result of
an award by the Adjudicator/DRE or an Arbitrator, the Contractor shall
be paid interest upon the delayed payment as set out in this clause.
Interest shall be calculated at the rate stated in GCC 41.1 above, from
the date upon which the increased amount would have been certified in
the absence of dispute.
41.3 Items of the Works for which no rate or price has been entered in shall
not be paid for by the Employer and shall be deemed covered by other
rates and prices in the Contract.

Page 100 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

42. Compensation 42.1. The following shall be Compensation Events:

Events
(a) The Employer does not give access to a part of the Site by the Site
Possession Date pursuant to GCC Sub-Clause 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that
affects the work of the Contractor under the Contract.
(c) Deleted.
(d) The Engineer Incharge instructs the Contractor to uncover or to carry out
additional tests upon work, which is then foundto have no Defects.
(e) The Engineer Incharge unreasonably does not approve a subcontract to
be let.
(f) Ground conditions are substantially more adverse than could reasonably
have been assumed before issuance of the Letter of Acceptance from
the information issued to bidders (including the Site Investigation
Reports), from information available publicly and from a visual
inspection of the Site.
(g) The Engineer Incharge gives instructions for dealing with an unforeseen
condition, caused by the Employer, or additional work required for safety
or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not
work within the dates and other constraints stated in the Contract, and
they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s Risks.
(k) The Engineer Incharge unreasonably delays issuing a Certificate of
Completion.
42.2. If a Compensation Event would cause additional cost or would prevent
the work being completed before the Intended Completion Date, the
Contract Price shall be increased and/or the Intended Completion Date
shall be extended. The Engineer Incharge shall decide whether and by
how much the Contract Price shall be increased and whether and by how
much the Intended Completion Date shall be extended.
42.3. As soon as information demonstrating the effect of each Compensation
Event upon the Contractor’s forecast cost has been provided by the
Contractor, it shall be assessed by the Engineer Incharge, and the
Contract Price shall be adjusted accordingly. If the Contractor’s forecast
is deemed unreasonable, the Engineer Incharge shall adjust the Contract
Price based on the Engineer Incharge’s own forecast. The Engineer
Incharge shall assume that the Contractor shall react competently and
promptly to the event.
42.4. The Contractor shall not be entitled to compensation to the extent that
the Employer’s interests are adversely affected by the Contractor’s not
having given early warning or not having cooperated with the Engineer
Incharge.

Page 101 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

43. Tax 43.1 The rates quoted by the Contractor shall be deemed to be inclusive of
the VAT, GST, Sales and other taxes that the Contractor will have to pay
for the performance of this Contract. The Employer will perform such
duties in regard to the deduction of such taxes at source [TDS] as per
applicable law.
43.2 The Engineer Incharge shall adjust the Contract Price if taxes, duties, and
other levies are changed between the deadline for the submission of
bids for the Contract and the date of the last Completion certificate. The
adjustment shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already reflected in the
Contract Price.

44. Currencies 44.1 All payments shall be made in Indian Rupees.

45. Price 45.1 Contract price shall be adjusted for increase or decrease in rates and
Adjustment price of labour, materials, fuels and lubricants and other inputs to the
works in accordance with the principles and procedures outlined below.
A table of adjustment data is included in the PCC which indicates the
coefficients of various inputs and the sources of indices for the Price
Schedule. If the PCC does not include a table of adjustment data this
subclause shall not apply and there shall be no price adjustment.
(i) The price adjustment according to sub para (d) below,shall apply for
the work done from the start date given in the PCC up to the end of
the Intended Completion Date If there is delay in completion beyond
such datefor reasons attributable to the contractor, the Price Adjustment
for the work carried out during such period,for reasons attributable to
the Contractor, shall be regulated by sub-para (g) below.
(ii) The Contract Price shall be adjusted to take account of any increase
or decrease in cost after the base date, which affect the Contractor in
performance of obligations under the Contract.
(iii) The total value I of the work done during the specified period [GCC 40.1]
shall be as under:
R= SUM (RS1 + RS2 + RS3 + ……. RSn),
Where,
‘Rsn’ is the value of work done during the specified period to which the price
adjustment shall be applied for the Price Schedule specified in P.C.C
during the specified period, and represented as under:
Rsn = (Vsn + Ssn) minus (amount of secured advance recovered in the same
period + value of works executed under variations for which price
adjustments will be worked separately based on terms mutually agreed
between the Engineer Incharge and the Contractor)
where,
Vsn is the total value of work done during the specified period, and Ssn is the
secured advance paid during the specified period,

Page 102 of 136

DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(iv) The adjustment to be applied to the amount otherwise payable to the

Contractor, as valued in accordance with the Price Schedule and certified
in Payment Certificates, shall be determined from formulae which shall
be of the following general type:
Pn = a + b Ln/Lo +c En/Eo + d Mn/Mo+ ……….
Where,
“Pn” is the adjustment multiplier to be applied to the value of the work done
during the period “n”, this period being a month unless otherwise stated
in the PCC.
“a” is a fixed coefficient, stated in the relevant table of adjustment data,
representing the non-adjustable portion in contractual payments;
“b”, “c”, “d”, are coefficients representing the estimated proportion of each
cost element related to the execution of the Works, as stated in the
relevant table of adjustment data; such tabulated cost elements may be
indicative of resources such as labour, equipment and materials;
“Ln”[Labour], “En”[Equipment], “Mn”[Material], …. Are the current cost indices
or reference prices for period “n”, each of which is applicable to the
relevant tabulated cost element [Labour, Equipment, Steel, Cement,
Fuel/Lubricants, Bitumen, others] on the date, specified in the Table-2 of
Adjustment Data, prior to the last day of the period (to which the
particular Payment Certificate relates); and
“Lo”, “Eo”, “Mo” …. Are the base cost indices or reference prices, expressed in
the relevant currency of payment, each of which is applicable to the
relevant tabulated cost element on the Base Date.
(v) The cost indices or reference prices stated in the tables of adjustment
data given in PCC shall be used. The base date shall be the deadline for
the submission of bids.
(vi) If the Contractor fails to complete the Works within the Intended
Completion date, adjustment of prices thereafter shall be made using
either:
(i) index or price applicable for each cost element tabulated in the tables
of adjustment data on the specified date prior to the expiry of the
IntendedCompletion Date, or
(ii) the current index or price applicable for the period in question whichever
is more favorable to the Employer.
(vii) The weightings (coefficients) for each of the factors of cost stated in the
table(s) of adjustment data shall only be varied by the Engineer Incharge
if they have been rendered unreasonable, unbalanced or inapplicable, as
a result of Variations.
(viii) Unless otherwise stated in the P.C.C., the Price adjustment shall be done
in each monthly Interim Payment Certificate [IPC]. The coefficients and
indices are given in the Tables of Adjustment Data in Contract data.
To the extent that full compensation for any rise or fall in costs to the
contractor is not covered by the provisions of this or other clauses in the

Page 103 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

contract, the unit rates and prices included in the contract shall be
deemed to include amounts to cover the contingency of such other rise
or fall in costs.

46. Retention 46.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the PCC until Completion of the whole of the Works
46.2 Upon the issue of a Certificate of Completion of the Works by the
Engineer Incharge, in accordance with GCC 53.1, half the total amount
retained shall be repaid to the Contractor and half when the Defects
Liability Period has passed and the Engineer Incharge has certified that
all Defects notified by the Engineer Incharge to the Contractor before
the end of this period have been corrected. On completion of the whole
works the Contractor may substitute the balance retention money with
an “on demand” Bank guarantee.

47. Liquidated 47.1 The Contractor shall pay liquidated damages to the Employer at the rate
Damages per day stated in the PCC for each day that the Completion Date is later
than the Intended Completion Date (for the whole of the works or the
milestones as stated in the PCC). The total amount of liquidated
damages shall not exceed the amount defined in the PCC. The Employer
may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor’s
liabilities.
Time is the essence of the contract and payment or deduction of
liquidated damages shall not relieve the contractor from his obligation
to complete the work as per agreed construction program and
milestones, or from any of the Contractor’s other obligations and
liabilities under the contract.
47.2 If the Intended Completion Date including milestones is extended after
liquidated damages have been paid, the Engineer Incharge shall correct
any overpayment of liquidated damages by the Contractor by adjusting
the next payment certificate. The Contractor shall be paid interest on the
overpayment, calculated from the date of payment to the date of
repayment, at the rates specified in GCC Sub-Clause 41.1.

48. Bonus 48.1 Deleted

49. Advance 49.1. The Employer shall make advance payment to the Contractorof the
Payment - amounts stated in the PCC by the date stated in the PCC, against
Secured provision by the Contractor of an Unconditional Bank Guarantee in a
Advances form and by a bank acceptable to the Employer in amounts in Indian
Rupees equal to the advance payment. The Guarantee shall remain
effective until the advance payment has been repaid, but the
amount of the Guarantee shall be progressively (each instalment not
less than Rs. 500,000) reduced by the amounts repaid by the Contractor.
Interest shall not be charged on the advance payment.
49.2. The Contractor is to use the advance payment only to pay for Equipment,
Plant, Materials, and mobilization expenses required specifically for

Page 104 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

execution of the Contract. The Contractor shall demonstrate that

advance payment has been used in this way by supplying copies of
invoices or other documents to the Engineer Incharge.
49.3. The advance payment shall be repaid by deducting proportionate
amounts from payments otherwise due to the Contractor, following the
schedule of completed percentages of the Works on a payment basis.
No account shall be taken of the advance payment or its repayment in
assessing valuations of work done, Variations, price adjustments,
Compensation Events, Liquidated Damages.
49.4. The Engineer Incharge shall make advance payment in respect of
materials intended for but not yet incorporated in the Works in
accordance with conditions stipulated in the PCC.

50. Securities The Performance Security shall be provided to the Employer no later
than the date specified in the Letter of Acceptance and shall be issued
in an amount specified in the PCC, by a Nationalized or Schedule bank
in India, and denominated. TheBank Guarantee for Performance Security
and additional security for unbalanced bids shall be valid until a date 28
days from the date of issue of the Certificate of Completion.

51. Day works 51.1 Deleted.

52. Cost of Repairs 52.1 Loss or damage to the Works or Materials to be incorporated in the
Works between the Start Date and the end of the Defects Correction
periods shall be remedied by the Contractor at the Contractor’s cost if
the loss or damage arises from the Contractor’s acts or omissions.

E. Finishing the Contract

53. Completion 53.1 The Contractor shall request the Engineer Incharge to issue a Certificate
of Completion of the Works, and the Engineer Incharge shall do so upon
deciding that the whole of the Works is completed.

54. Taking Over 54.1 The Employer shall take over the Site and the Works within seven days
of the Engineer Incharge’s issuing a certificate of Completion.

55. Final Account 55.1 The Contractor shall supply the Engineer Incharge with a detailed
account of the total amount that the Contractor considers payable under
the Contract at the end of the Defects Liability Period. The Engineer
Incharge shall issue a Defects Liability Certificate and certify any final
payment that is due to the Contractor within 56 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Engineer
Incharge shall issue within 56 days a schedule that states the scope of
the corrections or additions that are necessary including corrections and
additions to comply with the applicable Laws/ Rules/ Regulations for
protection of environment, public health and safety. If the Final Account
is still unsatisfactory after it has been resubmitted, the Engineer Incharge
shall decide on the amount payable to the Contractor and issue a

Page 105 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

payment certificate within 56 days of receiving the contractor’s revised

account.

56. Operating and 56.1 If “as built” Drawings [including a compact disk containing digitized
Maintenance drawings] and/or operating and maintenance manuals are required, the
Manuals Contractor shall supply them by the dates stated in the PCC.
56.2 If the Contractor does not supply the Drawings [including a compact disk
containing digitized drawings] and/or manuals by the dates stated in the
PCC pursuant to GCC Sub-Clause 56.1, or they do not receive the
Engineer Incharge’s approval, theEngineer Incharge shall withhold the
amount stated in the PCC from payments due to the Contractor.

57. Termination 57.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract after giving fourteen
(14) days written notice.
57.2 Fundamental breaches of Contract shall 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 Incharge;
(b) the Engineer Incharge instructs the Contractor to delay the progress of
the Works, and the instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation;
(d) a payment certified by the Engineer Incharge is not paid by the Employer
to the Contractor within 84 days of the date of the Engineer Incharge’s
certificate;
(e) the Engineer Incharge 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
Incharge;
(f) the Contractor does not maintain a Security, which is required;
(g) the Contractor has delayed the completion of the Works by the number
of days for which the maximum amount of liquidated damages can be
paid, as defined in the PCC; or
(h) if the Contractor, in the judgment of the Employer, has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract, pursuant to GCC Clause 25.1, then the Employer may, after
giving fourteen (14) days written notice to the Contractor, terminate the
Contract and expel him from the Site.
(i) The contractor has contravened Clauses 7 and 9 of GCC.
(j) The contractor does not adhere to the agreed construction program and
also fails to take satisfactory remedial action as per agreements reached
in the management meetings [Clause 30 of GCC] for a period of 60 days.

Page 106 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(k) The contractor fails to carry out of the instructions of the Engineer
Incharge within a reasonable time determined by the Engineer Incharge
in accordance with GCC Clause 15.1 and 22.
(l) The contractor (in case of Joint Venture) has modified the composition
of the joint venture and/or the responsibility of each member of the joint
venture from what is stated in joint venture agreement without the prior
approval of the Employer.
57.3 When either party to the Contract gives notice of a breach of Contract
to the Engineer Incharge for a cause other than those listed under GCC
Sub-Clause 57.2 above, the Engineer Incharge shall decide whether the
breach is fundamental or not.
57.4 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
57.5 If the Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.

58. Payment upon 58.1. If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Engineer Incharge shall issue a
certificate for the value of the work done and Materials ordered less
advance payments received up to the date of the issue of the certificate
less other recoveries due in terms of contract, less taxes to be deducted
at source [TDS] as per applicable law, and less the percentage to apply
to the value of the work not completed, as indicated in the PCC.
Additional Liquidated Damages shall not apply. If the total amount due
to the Employer exceeds any payment due to the Contractor, the
difference shall be a debt payable to the Employer.
58.2. If the Contract is terminated for the Employer’s convenience or because
of a fundamental breach of Contract by the Employer, the Engineer
Incharge shall issue a certificate for the value of the work done, Materials
ordered, the reasonable cost of removal of Equipment, repatriation of
the Contractor’s personnel employed solely on the Works, and the
Contractor’s costs of protecting and securing the Works, and less
advance payments received up tothe date of the certificate less other
recoveries due in terms of thecontract and less taxes due to be deducted
at source [TDS] as perapplicable law.

59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works
shall be deemed to be the property of the Employer if the Contract is
terminated because of the Contractor’s default.

60. Release from 60.1 If the Contract is frustrated by the outbreak of war or by any other event
Performance entirely outside the control of either the Employer or the Contractor, the
Engineer Incharge shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible
after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a
commitment was made.

Page 107 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

61. Suspension of 61.1 In the event that the Ministry of Tourism, GOI suspends the funding to
Bank Loan or the Employer, from which part of the payments to the Contractor are
Credit being made:
(a) The Employer is obligated to notify the Contractor of such suspension
within 7 days of having received the suspension notice.
(b) If the Contractor has not received sums due it within the 28 days for
payment provided for in Sub-Clause 40.1, the Contractor

Page 108 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

APPENDIX A TO GENERAL CONDITIONS

General Corrupt and Fraudulent Practices
(Text in this Appendix shall not be modified)
Guidelines for Procurement of Goods, Works, and Non-Consulting Services
“Fraud and Corruption:
1.16 The Borrowers (including beneficiaries of loans), bidders, suppliers, contractors and their agents
(whether declared or not), sub-contractors, sub-consultants, service providers or suppliers, and
any personnel thereof, observe the highest standard of ethics during the procurement and
execution of Govt. Of India-financed contracts.26 In pursuance of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything
of value to influence improperly the actions of another party;27;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to
avoid an obligation;28
(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party;29
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a party;30
(v) “obstructive practice” is deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators in order to materially
impede employer’s investigation into allegations of a corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts
intended to materially impede the exercise of the employer’s inspection and audit rights
provided for under paragraph 1.16(e) below.

26
In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the
27

procurement process or contract execution. In this context, “public official” includes employees of other
organizations taking or reviewing procurement decisions.
28
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation”
relate to the procurement process or contract execution; and the “act or omission” is intended to influence the
procurement process or contract execution.
29
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including
public officials) attempting either themselves, or through another person or entity not participating in the
procurement or selection process, to simulate competition or to establish bid prices at artificial, non-competitive
levels, or are privy to each other’s bid prices or other conditions.
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract
30

execution.

Page 109 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA.

(b) will reject a proposal for award if it determines that the bidder recommended for award, or any
of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers
and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
(c) will declare mis-procurement and cancel the portion of the loan allocated to a contract ifit
determines at any time that representatives of of a recipient of any part of the proceeds of the
loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the
procurement or the implementation of the contract in question, without the Borrower having
taken timely and appropriate action satisfactory tothe Employer to address such practices when
they occur, including by failing to inform the employer in a timely manner at the time they knew
of the practices;
(d) will require that a clause be included in bidding documents and in contracts financed by
Department of Tourism, Govt. of Meghalaya, requiring bidders, suppliers and contractors, and
their sub-contractors, agents, personnel, consultants, service providers, or suppliers, to permit
the Employer to inspect all accounts, records, and other documents relating to the submission
of bids and contract performance, and to have them audited by auditors appointed by the
Employer.”

Page 110 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section IX. Particular Conditions of Contract

Except where otherwise indicated, all PCC should be filled in by the Employer prior to
issuance of the Bidding Documents. Schedules and reports to be provided by the Employer
should be annexed.

A. General

GCC 1.1 (d) The financing institution is: Ministry of Tourism, Government of India under Special
Assistance to States for Capital Investments

GCC 1.1 (r) The Employer is:

Office of Directorate of Tourism Shillong- 793001 Meghalaya
Authorized representative: Executive Engineer

GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be 24 Months.

Period of completion from

Milestone Description
the start date

Value of work to be completed 25% of

1 8 Months
Contract amount

Value of work to be completed 60% of

2 12 Months
Contract amount

3 Completion of contract in all respects 24 Months

GCC 1.1 (y) The Project Manager is: Executive Engineer

The Project Manager’s Authorized Representative is: Project Engineer

GCC 1.1 (aa) The Site is located at Umiam Lake, Meghalaya, India.

GCC 1.1 (dd) The Start Date shall be one week after the date of issue of notice to proceed with
works to the contractor.

GCC 1.1 (hh) The Works consist of DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST
DESTINATION, MEGHALAYA, INDIA (EPC MODE).
Identification number of Contract is M/D Tour/ Tech/61/2024/26, Dated 10th April
2025

GCC 1.1 (ii) Deleted

GCC 2.2 Sectional Completions are: Not applicable

GCC 2.3(i) The following documents also form part of the Contract:

Page 111 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Sr. No. Document Description of the document

1. Construction Methodology Construction methodology given in

bid amended as per comments of
Employer given in letter of acceptance.

2. Quality Control Quality control procedures and

assurance plans given in the bid and
amended as per comments of
Employer given in letter of acceptance.

GCC 3.1 The language of the contract is English.

The law that applies to the Contract is the laws of Republic of India.

GCC 4.1 As per the document the Project Manger i.e. SE is authorized to take all decision/
issue orders/ approve variations etc. But as per the powers of the officers, the SE
needs to approach CE for approval of variations, EOT etc. In case it is required
indicate under this sub clause indicate as under:
The Engineer Incharge shall take prior approval of the Employer for the following:
(i) Approving variations and rate for new items
(ii) Approving sub-contractor
(iii) Granting Extension of time

GCC 7.1 The ceiling for sub-contractor is 25%

GCC 8.1 Schedule of other contractors: Not applicable

GCC 9.1 Key Personnel and equipment:

GCC 9.1 is replaced with the following:
9.1 Key Personnel are the Contractor’s personnel named in this GCC 9.1 of the
Particular Conditions of Contract. The Contractor shall employ the Key Personnel
and use the equipment identified in its Bid, to carry out the Works or other
personnel and equipment approved by the Engineer Incharge. The Engineer
Incharge shall approve any proposed replacement of Key Personnel and
equipment only if their relevant qualifications or characteristics aresubstantially
equal to or better than those proposed in the Bid.
[insert the name/s of each Key Personnel agreed by the Employer prior to
Contract signature, Schedule of Key Personnel and equipment as indicated in
accepted bid&construction methodology].

GCC 9.2 Deleted

GCC 13.1 The minimum insurance amounts and deductibles shall be:

Page 112 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Sr. Description Minimum cover for Maximum

Insurance deductible for
No.
Insurance

(i) Works and Plant and Equal to the contract Rs 100,000/-

Materials which are value and the materials
incorporated in works as per the contract price

(ii) Loss or damage to Rs. 50 million Rs 100,000/-

Construction
Equipment

(iii) Other Property Rs. 5 million Rs 100,000/-

(iv) Personal injury or death Rs. 5 million Rs 25,000/-

insurance:
a) for other people;

b) for Contractor’s In accordance with the statutory requirements

Employees; applicable in India

GCC 14.1 Site Data are:

Google Co-ordinates: 25°39'36.42"N 91°53'48.83"E

GCC 15.2 Deleted

GCC 16.1 Deleted

GCC 20.1 The Site Possession Date(s) shall be: Letter of Award of Contract

GCC 23.1 & Name of the agreed Adjudicator: ____________________________

GCC 23.2

GCC 24.2 Adjudicator is expected to provide his decision within 28 days from the date
of referring the dispute by the Contractor. This period may be increased to 56
days as it is not possible for the adjudication to pronounce his decision since
it involves obtaining written replies from the Employer, rejoinder from the
Contractor, conduct hearing etc.

GCC 24.3 Daily rate and types of reimbursable expenses to be paid to the Adjudicator:
A: Retention Money:

Page 113 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

B: Daily Fee:

GCC 24.4 Language of the arbitration proceedings and that of all documents and
communications between the parties shall be English.
(f) The decision of the majority of Arbitrators shall be final and binding upon
both parties. The cost and expenses of Arbitration proceedings as also the
fees and expenses paid to the Arbitrators will be paid equally by both the
parties. However, the expenses incurred by each party in connection with
the preparation, presentation, etc. of its proceedings on its behalf shall be
borne by each party itself. Fees & expenses payable to the Arbitrators shall
be as per the prevailing rates (including revision from time to time) of fees
& expenses fixed by the National Highways Authority of India, Govt. of
India. Present rate of fees & expenses fixed by the National Highways
Authority of India, Govt. of India are as below:
(g) Where the value of the contract is Rs.50 million and below, the disputes
or differences arising shall be referred to the Sole Arbitrator. The Sole
Arbitrator should be appointed by agreement between the parties; failing
such agreement, by the President of the Executive Committee of Indian
Roads Congress.
(h) The Arbitrator should give final award within the time limit prescribed in
Arbitration and Conciliation Act, 1996, amendment 2015 & 2019.
(i) Performance under the contract shall continue during the arbitration
proceedings and payments due to the contractor by the Employer shall
not be withheld, unless they are the subject matter of the arbitration
proceedings.
"Any dispute or difference whatsoever arising between the parties out of or
relating to the construction, meaning, scope, operation or effect of this
contract or the validity or the breach thereof shall be settled by arbitration
in accordance with the Arbitration and Conciliation Act, 1996, amendment
2015 & 2019 and the award made in pursuance thereof shall be binding
on the parties.”

Order of In Case of difference, contradiction, discrepancy, with regards to Conditions of

Precedence Contract, Specifications, drawings etc. forming part of the contract, the
of following shall prevail in the order of precedence;
Documents
(i) Letter of Award, along with the statement of agreed variations and its
enclosures, if any.
(ii) Amendments to Tender Documents
(iii) Special Conditions of Contract
(iv) DBR along with Scope of Work
(v) Drawings

Page 114 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

(vi) Technical Specifications

(vii) Financial Bid & Schedule of Payments
(viii) General Conditions of Contract
(ix) CPWD / MORTH Specifications (Latest)
(x) Relevant B.I.S Codes

B. Time Control

GCC 26.1 The Contractor shall submit a revised Program for the Works (in such form and detail
as theEngineer Incharge shall reasonably prescribe) within 14 days of delivery of the
Letter of Acceptance.
[This program should be in adequate detail and generally conform to the program
submitted along with bid. Deviations if any from that should be clearly explained and
should be satisfactory to the Engineer Incharge]

GCC 26.2 The Contractor shall also provide immediate notification to the Engineer Incharge of
incidents in the following categories. Full details of such incidents shall be provided to
the Engineer Incharge within the timeframe agreed with the Engineer Incharge.
(a) confirmed or likely violation of any law or international agreement;
(b) any fatality or serious (lost time) injury;
(c) significant adverse effects or damage to private property (e.g., vehicle accident,
damage from fly rock, working beyond the boundary)
(d) major pollution of drinking water aquifer or damage or destruction of rare or
endangered habitat (including protected areas) or species; or
any allegation of gender-based violence (GBV), sexual exploitation or abuse, sexual
harassment or sexual misbehavior, rape, sexual assault, child abuse, or defilement, or
other violations involving children.

GCC 26.3 The period between Program updates is 90 days.

The amount to be withheld for late submission of an updated Program is Rs.
500,000.00.

Page 115 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

GCC 26.5 Replace 2nd sentence i.e. The report shall include charts and detailed descriptions of
the progress of identified activities, photographs showing status of progress at site,
records of Contractor’s personnel and equipment, Quality Assurance documents,
comparison of actual and planned progress as per program with the following:
The MPR shall include:
a) Charts and detailed description of progress
b) Photographs showing the status of work at the site.
c) The details of contractor’s personnel and equipment
d) Copies of quality assurance documents, test results and certificate ofmaterial
e) List of early warnings issued in accordance with GCC sub clause 31
f) Safety statics including details of any hazards incidents and activities relating to
environmental aspects and public relations and
g) Comparisons of actual and planned progress.

GCC 26.6 The following is inserted as a new sub clause 26.6:

26.6 The contractor will submit a brief Labor Influx and Worker’s Camp Management
Plan including the process for mitigating construction related impacts on local
community within 30 days of signing the contract. The plan shall be updated and
a revised plan shall be submitted, if required.”

GCC 30 Management meetings will be chaired by the Engineer Incharge and the proceedings
shall be issued by PM only. As such it is suggested to have the monthly Management
meetings at PM's office only. The Employer may conduct project progress review
meetings which shall be in his office at Shillong. Keeping this in view the venue and
date shall be indicated.

C. Quality Control

GCC 34.3 The Defects Liability Cum Post Construction Maintenance Period is: 3 (three) Years.

D. Cost Control

GCC 37.2 Deleted

GCC 38.3 Deleted

GCC 41.1 Change 28 days by 56 days.

GCC 45.1 Price Adjustment: NOT APPLICABLE

GCC 46.1 The proportion of payments retained (Retention Money) shall be 10% from each bill
subject to the maximum of 10% of final contract price.

Page 116 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

GCC 47.1 The liquidated damages for the whole of the Works are 1/2000 of the Contract Price
per day. The Liquidated damage for not achieving the milestone is as indicated below.
The maximum amount of liquidated damages for the whole Works is 10 % (ten percent)
of the final Contract Price.
For Milestone 1 Rs. 50,000.00 per day
For Milestone 2 Rs. 80,000.00 per day
For Milestone 3 Rs. 1,00,000.00 per day

GCC 49.1 The amount of the advance payments are:

Nature of Advance Amount (Rs.) Conditions to be fulfilled

Mobilization 5% of the Contract On submission of conditional Bank

price Guarantee and after obtaining
confirmation from theissuing bank

Equipment 90% for new and 50% on submission of depreciated value

conditional Bank Guarantee for old equipment and after
obtaining Total amount will be confirmation from the subject
to a maximum issuing bank. (to be drawn 10% of the Contract
before end of 20% of Contract period.)

(This advance is applicable for equipment already owned or hired/ leased of by the
contractor.)
Repayment of advance payment for mobilization and equipment:
The advance shall be repaid with percentage deductions from the interim payments
certified by the Engineer Incharge under the Contract. Deductions shall commence in
the next Interim Payment Certificate following that in which the total of all such
payments to the contractor has reached not less than 15 percent of the Contract Price
or twelve (12) months from the date of payment of first instalment of advance,
whichever period concludes earlier, and shall be made at the rate of 25% of the
amounts of all Interim Payment Certificates until such time as the advance has been
repaid.

Page 117 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

GCC 50.1 “GCC 50.1 is replaced with the following:

The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in the amounts specified in
the PCC (for GCC 50.1) and shall be issued by a Nationalized or Scheduled bank in
India.
The Performance Security amount is 03 (Three) % of contract price plus Rs. _________-
as additional security for unbalanced bids [in terms of ITB Clause 40].
The standard form of Performance Security acceptable to the Employer shall be
unconditional Bank Guarantees from a Scheduled or Nationalized banks in India of the
types as presented in Section IV of the Bidding Documents.
Performance security towards unbalanced bid/ items will berefunded after the issue
of completion certificate.
Performance security of 3% of contract price shall be valid until 28 days from the
completion of post construction 3 years routine maintenance period.

E. Finishing the Contract

GCC 55.1 Deleted

GCC 56.1 * The date by which operating and maintenance manuals are required is within 28
days of issue of certificate of completion of whole of work.
The date by which “as-built” drawings (in scale…) including a compact disc containing
digitized drawings in 2 sets are required is within 28 days of issue of certificate of
completion of whole of the work.

GCC 56.2 * The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals *by the date required in G.C.C. 56.1 is Rs.
3,00,000.00

GCC 57.2 (g) The maximum number of days is: 720

GCC 58.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 20%.

Page 118 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix 2
Tables of Adjustment Data
(Cl. 45 of GCC)
Not to be used

Page 119 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Appendix -337
Appointment of Adjudicator
Suggested Draft of Letter of Appointment of Adjudicators in civil works contracts

Sub: Appointment of Adjudicator for the work “DEVELOPMENT OF UMIAM LAKE AS ICONIC
TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).”

To,
___________________________
_________________________
Meghalaya

We hereby confirm your appointment as Adjudicator for the above contract to carry out the
assignment specified in this Letter of Appointment.
For administrative purpose the Office of Directorate of Tourism of Meghalaya has been assigned to
administer the assignment and to provide the Adjudicator with all relevant information needed
to carry out the assignment on behalf of both the Employer and the contractor. The services will
be required during the period of contract for the work of “DEVELOPMENT OF UMIAM LAKE AS
ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).”
The Adjudicator shall visit the worksite once in 3 (three) months till the completion of the work
indicated above or as specifically requested by Employer/ Contractor for the period up to the end of
defects liability period with prior intimation to the Employer and the contractor. The duration of each
visit shall ordinarily be for one to two days only. These durations are approximate and the
Department of Tourism, Shillong and (Name of the Employer and Name of the Contractor) may find
it necessary to postpone or cancel the assignment and/or shorten or extend the duration.
The appointment will become effective upon confirmation of letter by you. The appointment of the
Adjudicator shall be liable for termination under 30 (thirty) days written notice from the date of issue
of the notice, if both Employer and the Contractor so desire. Also, the appointment shall automatically
stand terminated 14 days after the defect notice/ correction period as stated in Clauses 23 and 24 of
the Conditions of Contract is over.
The Adjudicator will be paid as per below:

37
If ITB 43makes provision of an Adjudicator from list provided by an institution, kindly modify Appendix 3 to
state that the fee and reimbursable payable to the adjudicator shall be as per the rules of the Institution.

Page 120 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

A: Retention Money: Rs. _______________ per month for one contract package.
Rs. _____________ per month for more than one contract package.
B: Daily Fee:
i. Rupees ______________/- per day for site visit / meetings at site
ii. Rupees _____________/- per day for meetings at place/s other than site
The Adjudicator will submit a pre-receipted bill in triplicate to the Employer indicating the
date of the visit, fees for the visit and a proof in support of the actual expenditure incurred
by him against boarding, lodging and travelling expenses after performing the visit on each
occasion. The Employer will make the admissible payment (both the Employer’s and the
Contractor’s share) to the Adjudicator within 30 days of the receipt of the bill. The Contractor’s
share on this account (half the paid amount) will be recovered by the Employer from the
Contractor’s bills against the work.
In accepting this assignment, the Adjudicator should understand and agree that he is
responsible for any liabilities and costs arising out of risks associated with travel to and from
the place of emergency repatriation, loss or damage to personal/professional effects and
property. The Adjudicator is advised to effect personal insurance cover in respect of such risks
if he does not already have such cover in place. In this regard, the Adjudicator shall maintain
appropriate medical, travel, accident and third- party liability insurance. The obligation under
this paragraph will survive till termination of this appointment.
Procedures for resolution of disputes by the Adjudicator is described in the contract of
“_________________________________________________” between the Employer and the contractor
vide clause no.24 of the General Conditions of Contract. Your recommendation should be
given in the format attached, within 28 days of receipt of a notification of dispute.
The Adjudicator will carry out the assignment in accordance with the highest standard of
professional and ethical competence and integrity, having due regard to the nature and
purpose of the assignment, and will conduct himself in a manner consistent herewith. After
visiting the worksite, the Adjudicator will discuss the matter with the Employer and if
necessary, with the Contractor before arriving at any decision.
The Adjudicator will agree that all knowledge and information not within the public domain,
which may be acquired while carrying out this service shall be all time and for all purpose,
regarded as strictly confidential and held in confidence, and shall not be directly or indirectly
disclosed to any party whatsoever, except with the permission of the Employer and the
contractor. The Adjudicator’s decision should be communicated in the form of a speaking
order specifying the reasons.
The Adjudicator will agree that any manufacturing or construction firm with which he might
be associated with, will not be eligible to participate in bidding for any goods or works
resulting from or associated with the project of which this consulting assignment forms a part

Page 121 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Read and Agreed Name of Adjudicator

Signature
Place:
Date:
Name of Employer:
Signature of authorized representative of Employer

Name of the Contractor:

Signature of authorized representative of Contractor

Attachment: Copy of contract document between the Employer and contractor and format
for recommendation.

Page 122 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

SUMMARY OF ADJUDICATIOR’S RESPONSIBILITIES

The Adjudicator has the following principal responsibilities:
1. Visit the site periodically.
2. Keep abreast of job activities and developments.
3. Encourage the resolution of disputes by the parties.
4. When a dispute is referred to it, conduct a hearing (no legal presentation), complete its
deliberations, and prepare a recommendation in a professional and timely manner (as
per sample format)
[IN THIS AND THE NEXT FORM, USE THE TERM ADJUDICATOR]

Page 123 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Sample Format of Adjudicator’s Recommendation

[Project Name] Recommendation of Adjudicator

Dispute No. XX [NAME OF DISPUTE]

Hearing Date: _______

Dispute
Description of dispute. A one or two sentence summation of the dispute.

Contractor’s Position
A short summation of the contractor’s position as understood by the Adjudicator.

Employer’s Position
A short summation of the Employer’s position as understood by the Adjudicator.

Recommendation
The Adjudicator’s specific recommendation for settlement of the dispute. (The recommended
courseis consistent with the explanation).

Explanation
(This section could also be called Considerations, Rationale, Findings, Discussion, and so on.)
The Adjudicator’s description of how each recommendation was reached.

Respectfully submitted,
Date :

Page 124 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Section X - Contract Forms

This Section contains forms which, once completed, will form part of the Contract. The forms
for Performance Security and Advance Payment Security, when required, shall only be
completed by the successful Bidder after contract award.

Page 125 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Letter of Acceptance
[letterhead paper of the Employer]
[The Letter of Acceptance shall be the basis for formation of the Contract as described in ITB Clause]
43. This Standard Form of Letter of Acceptance shall be filled in and sent to the successful Bidder
only after evaluation of bids has been completed, subject to any review by the NDB required
under the Loan Agreement.]
[insert date]

Identification No and Title of Contract: [insert identification number and title of the Contract]

To: [insert name and address of the Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert name of the Contract
and identification number, as given in the PCC] for the Contract Price ……………….
[insert amount in numbers and words] as corrected and modified38 in accordance with the Instructions
to Bidders is hereby accepted by our Agency.

[insert one of the following (a) or (b) options]

(a) We accept that [insert name proposed by bidder] be appointed as the Adjudicator.39
(b) We do not accept that [insert name proposed by bidder] be appointed as Adjudicator, and by
sending a copy of this Letter of Acceptance to [insert name of the Appointing Authority], we are
hereby requesting [insert name], the Appointing Authority, to appoint the Adjudicator in
accordance with GCC 23.40
We note that as per your bid, you do not intend to subcontract any component of work.[OR]
We note that as per your bid, you propose to employ M/s…………………………………….as sub-contractor
for executing …………………………..

[Delete whatever is inapplicable]

38
Delete “corrected and” or “and modified” if not applicable. See Notes on Standard Form of
Agreement, next page.
39
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer
in the Instructions to Bidders and has accordingly offered another candidate.
40
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer
in the ITB, has accordingly offered another candidate, and the Employer does not accept the
counterproposal.

Page 126 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

You are hereby requested to furnish Performance Security, plus additional security for unbalanced
bids in terms of ITB clause 40, in the form detailed in ITB Clause 45 for amounts41 of Rs. and Rs
specified therein, within 21 days of the receipt of this letter of acceptance, andvisit this office to sign
the contract, failing which action as stated in ITB Clause 45.2 will be taken. The securities shall be valid
up to 28 days from the date of completion i.e., up too and shall be as per the Performance Security
Form, included in Section X - Contract Forms, of the bidding document.
We have reviewed the construction methodology submitted by you along with the bid in response to
ITB Clause 16 and our comments are given in the attachment. You are requested to submit a revised
Program per Clause 26 of General Conditions of Contract within 14 days of receipt of this letter of
acceptance.

Insert amounts for (i) Performance Security, plus additional security for unbalanced bids;
41

Page 127 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Issue of Notice to proceed with the work

(letterhead of the Employer)

___________________ (date)

To
________________________________(name and address of the Contractor)

Dear Sirs:
Pursuant to your furnishing the requisite securities as stipulated in ITB clause 45.1, insurance policy as
per GCC 13, construction methodology as stated in letter of acceptance and signing of the contract
agreement for the construction of ___________@ a Bid Price of
Rs. , you are hereby instructed to
proceed with the execution of the said works in accordance with the contract documents.

Yours faithfully,

(Signature, name and title of signatory

authorized to sign on behalf of Employer)

Attachment: Contract Agreement

Page 128 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Contract Agreement
THIS AGREEMENT made the…………………...day of…………………………………………………………………….,
between…………………………………………………………………….[Name of the Employer] (hereinafter “the
Employer”), of the one part, and____________________________________________________________[Name of
the Contractor] (hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as…………………………………[name of the
Contract]…………………………………………………………………………………...should be executed by the
Contractor, and has accepted a Bid by the Contractor for the execution andcompletion of these
Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
(a) this Agreement
(b) the Letter of Acceptance
(c) the Contractor’s Bid including completed schedules and priced bill of quantities,
(d) the Addenda No’s. . …….. [insert addenda numbers if any] . . . ... .
(e) the Particular Conditions of contract
(f) the General Conditions of contract
(g) the Specifications
(h) the Drawings; and
(i) Construction Program, Methodology and Quality Assurance Program
(j) Joint Venture Agreement [for JVs only]
(k) Any other document listed in PCC as forming part of the Contract
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in
this Agreement, the Contractor hereby covenants with the Employer to execute the Works and
to remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance
with the laws of …………………………………………… [name of the borrowing country] on the day, month and
year indicated above.

Page 129 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Signed by: ……………………………………………… Signed by: ……………………………………………………..

for and on behalf of the Employer for and on behalf the Contractor

in the presence of: in the presence of:

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date

Page 130 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Performance Security - Bank Guarantee

[including Additional Performance Security for unbalanced bids]
[Guarantor letterhead or SWIFT identifier code]

Performance Guarantee No… ......................................... [insert guarantee reference number]

Date…....................................................... [insert date of issue of the guarantee]

To: _______________[name of Employer]

______________________[address of Employer]

WHEREAS [name and address of Contractor42]

(hereinafter called "the Contractor") has undertaken, in pursuance of ContractNo. dated
____________to execute ________________________________[name of contract & brief description of
works] {hereinafter called “the Contract”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his 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 guarantee43] ________________
[in words], such sum being payable in the types and proportions of currencies in which the
Contract Price is payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of___________________________
[amount of guarantee] as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed 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 until …………………. (i.e.) 28 days from the date of expiry of the
Defects Liability Period, and any demand for payment under it must be received by us at this
office on or before that date.

Page 131 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Signature and seal of the guarantor

In the case of a JV, insert the name of the Joint Venture

42

43
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract less provisional sum if any, plus additional performance security for unbalanced bids if any, and
denominated in Indian Rupees.

Name of Bank

Address

Date

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

Page 132 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Advance Payment Security

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Advance Payment Guarantee No… ......................................... [insert guarantee reference number]

Date…....................................................... [insert date of issue of the guarantee]

To: _____[name of Employer]

_____________[address of Employer]
_____________[name of Contract]

Gentlemen:
In accordance with the provisions of the Conditions of Contract, Sub-clause 49.1 ("Advance
Payment") of the above-mentioned Contract, ______________________[name and address of
Contractor46] (hereinafter called "the Contractor") shall deposit with_________________[name
of Employer] a bank guarantee to guarantee his proper and faithful performance under the
said Clause of the Contract in an amount of___________________________[amount of
guarantee47]________________________________________________________________________[in words].
We, the [bank or financial institution], as instructed by
the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and
not as Surety merely, the payment to ________________[name of Employer] on his first
demand without whatsoever right of objection on our part and without his first claim to the
Contractor, in the amount not exceeding___________________________________________ [amount of
guarantee]_______________________________________________________________________ [in words]
We further agree that no change or addition to or other modification of the terms of the
Contract or of Works to be performed thereunder or of any of the Contract documents which
may be made between ________[name of Employer] and the Contractor,
shall in any wayrelease us from any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until _______ [name of Employer] receives
full repayment of the same amount from the Contractor. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.

In the case of a JV, insert the name of the Joint Venture

46

47
An amount shall be inserted by the bank representing the amount of the Advance Payment and denominated
in Indian Rupees.

Page 133 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Yours truly,

Signature and seal: _______

Name of Bank:

Address: ___________________________

Date: ______________________________

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

Page 134 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Retention Money Security

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

_______________________________[Bank’s name and address of issuing branch or office]

Beneficiary: [Name and Address of Employer]

Date:

RETENTION MONEY GUARANTEE NO.: _____________________________________________

We have been informed that[name of contractor48] (hereinafter called “theContractor”)

has entered into Contract No.[reference number of the contract] datedwith you, for the
execution of[name of contract and brief description of Works] (hereinafter called “the
Contract”).
Furthermore, we understand that, according to the conditions of the Contract, when the
Taking-Over Certificate has been issued for the Works and the first half of the Retention
Money has been certified for payment, payment of[insert the second half of the Retention
Money] is to be made against a Retention Money guarantee.
At the request of the contractor, we ___________________________________[name
of Bank] hereby irrevocablyundertake to pay you the sum or sums not exceeding in total an
amount of __________ [amount in Rupees] ( _________________________________________)
49
[amount in words ] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation under the Contract
without cavil or argument.
It is a condition for any claim and payment under this guarantee to be made that the payment
of the second half of the Retention Money referred to above must have been received by the
Contractor on its account number at [name and address of Bank].
This guarantee shall expire, at the latest, 21 days after the date when the Employer has
received a copy of the Defects Liability Certificate issued by the Engineer Incharge.
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
[Signature(s) and seal of the guarantor]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.
In the case of a JV, insert the name of the Joint Venture
48

The Guarantor shall insert an amount representing the amount of the second half of the Retention Money.
49

Page 135 of 136

 DEVELOPMENT OF UMIAM LAKE AS ICONIC TOURIST DESTINATION, MEGHALAYA, INDIA (EPC MODE).

Bid Securing Declaration

I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the
bidder, [Name of the bidder], either sole or in JV, shall not be withdrawn or modified during
the period ofvalidity i.e., not less than 120 (one hundred twenty) days from the bid due date.

I, on behalf of the bidder, [Name of the bidder], also accept the fact that in case the bid is
withdrawn or modified during the period of its validity or if we fail to sign the contract in case the
workis awarded to us or we fail to submit a Performance Security before the deadline defined in
ITB 45.1 of the Invitation for Bids (IFB), then [Name of the bidder] will be suspended for
participation in the tendering process for the works of Meghalaya and works under other
Centrally Sponsored Schemes, for a period of one year from the bid due date of this work.

(Signature of the Authorized Signatory)

(Official-Seal)

Page 136 of 136