provision of project management consultancy (pmc) … · 2018. 3. 17. · authorisation letter ref...

TENDER DOCUMENT

FOR

PROVISION OF PROJECT MANAGEMENT

CONSULTANCY (PMC) SERVICES FOR DRDO SKILL

DEVELOPMENT CENTRE FOR INTEGRATED SAFETY

MANAGEMENT IN FIRE, DISASTER AND CBRN SITE,

PILKHUWA.

TENDER ENQUIRY NO. : CCE(R&D)D/PILKHUWA/ENQ-III/17-18/0001

DATED 16 Mar 2018

CHIEF CONSTRUCTION ENGINEER (R&D) DELHI,

MINISTRY OF DEFENCE, DRDO

P-1 BUILDING

METCALFE HOUSE COMPLEX

DELHI – 110 054

AUTHORISATION LETTER

Ref No. CCE(R&D)D/PILKHUWA/ Chief Construction Engineer(R&D)Delhi

ENQ-III/17-18/0001 Ministry of Defence, D.R.D.O.

P-1 Building,

Metcalfe House Complex,

Delhi – 110 054

Dated : 16 Mar 2018

TENDER AND CONTRACT FOR WORKS REQUIRED

In the execution of "Provision of Project Management Consultancy (PMC) Services for DRDO Skill

Development Centre for Integrated Safety Management in Fire, Disaster and CBRN Site, Pilkhuwa".

Complete bid consisting of BOQ and other required documents should be submitted online at

CPP Portal (www.eprocure.gov.in) in Cover-1 (Eligibility & Tender Documents) & Cover-2

(Financial Bid). The Critical dates are given in NIT.

The original copy of EMD and tender cost should be submitted to this office before the date

of opening. Tender without EMD & Tender Cost is liable for rejection.

The President of India does not bind himself to accept the Lowest or any tender.

_____________________________________________

Signature of Officer

issuing the documents ___________________

Appointment : CHIEF CONSTRUCTION ENGINEER (R&D) DELHI

http://www.eprocure.gov.in/

GOVERNMENT OF INDIA – MINISTRY OF DEFENCE

DEFENCE RESEARCH & DEVELOPMENT ORGANIZATION

TENDER DOCUMENTS

ANNEXURE – I

INVITATION OF TENDER

ANNEXURE – II

GENERAL CONDITIONS OF CONTRACTS WITH AMENDMENTS

ANNEXURE – III

SCOPE OF WORK AND COMPLETION MILES STONES

ANNEXURE – IV

SCOPE OF PROJECT MANAGEMENT CONSULTANCY (PMC)

ANNEXURE – V

LIST OF MANPOWER TO BE EMPLOYED

ANNEXURE – VI

BILL OF QUANTITIES

CHIEF CONSTRUCTION ENGINEER (R&D) DELHI,

MINISTRY OF DEFENCE, DRDO

P-1 BUILDING

METCALFE HOUSE COMPLEX

DELHI – 110 054

ANNEXURE – I


FOR





PILKHUWA.


DATED 16 Mar 2018


PROVISION OF PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES

FOR DRDO SKILL DEVELOPMENT CENTRE FOR INTEGRATED SAFETY

MANAGEMENT IN FIRE, DISASTER AND CBRN SITE, PILKHUWA.

1. RECEIPT OF TENDERS :-

Tender shall be received latest by

Dated : 05 Apr 2018 Time : 1100 Hours.

2. REFERENCE CODE FOR TENDER :


DATED 16 Mar 2018

3. TENDER DOCUMENTS :

Tender Documents shall comprise of the following :-

Cover - I

(i) Invitation of tender - (Annexure-I)

(ii) General Conditions of Contracts with Amendments - (Annexure-II)

(iii) Scope of work and Completion Milestones - (Annexure-III)

(iv) Scope of Project Management Consultancy (PMC) - (Annexure-IV)

(v) List of Manpower - (Annexure-V)

Cover - II

(i) BOQ - (Annexure-VI)

4. SUBMISSION OF TENDER

Complete bid consisting of BOQ and other required documents should be submitted online at

CPP Portal (www.eprocure.gov.in) in Cover-1 (Eligibility & Tender Documents) and

Cover-2 (Financial Bid). The Critical dated are given in NIT.

The original copy of EMD and tender cost should be submitted to this office before the date

of opening. Tender without EMD & tender cost is liable for rejection.

Terms and conditions as stipulated in the draft contract agreement are NOT NEGOTIABLE.

Conditional offer shall be liable for rejection.

5. CLARIFICATION AND TENDER DOCUMENTS

For any clarifications in connection with these tender documents and drawings, tenderer

may contact the following addressee :-

Chief Construction Engineer(R&D)Delhi

Ministry of Defense, D.R.D.O.

P-1 Building,

Metcalfe House Complex,

Delhi – 110 054

http://www.eprocure.gov.in/

6. INSPECTION OF SITE

Tenderer is advised to inspect site of work and acquaint himself with working conditions

including constraints and collect all necessary information for carrying out the work.

7. LANGUAGE

Tender documents including tender drawings, if any, and other information shall be

prepared and submitted in English language only.

8. VALIDITY OF TENDER

Tender and the price/rates quoted shall remain valid for acceptance for a period of

90 (Ninety) Days from the date of receipt of tender.

9. EARNEST MONEY

Tender shall be accompanied by Earnest money as stated below :-

Amount of Earnest Money : Rs.1,28,360/-

Form of Earnest Money

- Demand Draft / Fixed Deposit Receipt (FDR) /Bank Guarantee / Bankers Cheque issued

by a Nationalized Bank / Scheduled Bank.

- A part of earnest money is acceptable in the form of bank guarantee also. In such

cases 50% of earnest money or Rs. 20.00 lakhs whichever is less, will have to be deposited

in shape of prescribed above and balance can be accepted in form of bank guarantee issued

by a Nationalized/scheduled bank.

- FDR is pledged in favour of the tender inviting authority. It is in the tenderer’s own

interest to keep the FDR valid as long as it is required. There is no need for the department

to insist upon the tenderer keeping the FDR valid, since he can encash the FDR only when

it is assigned back to him by the tender inviting authority.

- The bank guarantee submitted as a part of Earnest Money shall be valid for a period of six

(06) months or more from the date of submission of the tender.

Refund of Earnest Money

- The earnest money given by all the tenderers except the lowest tenderer should be

refunded immediately after the opening of the tenders, or latest within a week from the

date of receipt of tenders.

Forfeiture of Earnest money

- If the tenderer withdraws his tender before the expiry of the validity period, or before the

issue of letter of acceptance, whichever is earlier, or makes any modification in the terms

and conditions of the tender which are not acceptable to the department, then the

Government shall, without prejudice to any other right or remedy, be at liberty to forfeit

50% of the earnest money absolutely. This provision would naturally apply only to the

lowest tenderer once the earnest money of all the tenderers except those of the lowest is

refunded.

- If contractor fails to furnish the prescribed performance guarantee within the prescribed

period, the earnest money is absolutely forfeited to the President automatically without any

notice.

- In case the contractor fails to commence the work specified in the tender documents on the

15th day of such time period as mentioned in letter of award, after the date on which the

Engineer-in-Charge issues written orders to commence the work, or from the date of

handing over of the site, whichever is later, the Government shall, without prejudice to any

other right or remedy, be at liberty to forfeit whole of the earnest money absolutely.

- If only a part of the work as shown in the tender is awarded, and the contractor does not

commence the work, the amount of the earnest money to be forfeited to the Government

should be worked out with reference to the estimated cost of the work so awarded.

- In case of forfeiture of earnest money as prescribed above paras, the tenderer shall not be

allowed to participating in the retendering process of the work.

10. COMPLETENESS OF TENDER

The scope of work, terms and conditions and other details have been specified in the tender

document. Tenderer shall prepare and submit his tender keeping in mind the requirements of

tender documents.

11. AMENDMENTS TO TENDER DOCUMENTS

OWNER shall have the right to amend delete/add to the various provisions in the

tender documents or withdraw/cancel the invitation to tender without assigning any reason

whatsoever. The amendments/errata issued by the owner shall be read carefully in

conjunction with the tender documents. The contract price/rate/amount shall be deemed to

have been worked out taking into account amendment/errata also.

12. ACCEPTANCE OF TENDER

OWNER shall not be bound to accept the lowest or any tender or to assign reasons for

non acceptance of any Tender. OWNER also reserves the right to accept a tender either

in whole or in part. Breakup of prices/items rates shall be binding on the tenderer even

in the case of acceptance of a tender in part.

13. TENDER NOT TO RESILE

The tender for the work shall remain open for acceptance for a period of Ninety (90) days

from the date of opening of tenders/ Ninety (90) days from the date of opening of financial

bid in-case tenders are invited on 2/3 bid system. If any tenderer withdraws his tender before

the said period or issue of letter of acceptance, whichever is earlier, or makes any

modifications in the terms and conditions of the tender which are not acceptable to the

department, then the government shall, without prejudice to any other right or remedy, be at

liberty to forfeit 50% of the Earnest Money. Further the tenderer shall not be allowed to

participate in the retendering process of the work.

However, tenderer shall be allowed to revise his offer only if required by tender appraisal

committee / tender standing committee based on the negotiations in order to give rebate on

overall tender or on specific items(s).

14. REGULATIONS, TAXES AND DUTIES

(a) GST as applicable shall be levied on the contract as per extant Govt. Orders.

(b) The bidder shall comply with all statutory obligations like, Registration with Labour

Deptt, Payment of ESI, EPF, Bonus and Welfare issues alongwith Proof of Payment of

taxes i.e. GST levies etc. as applicable with respect to the stated work. If found at any

stage, non-compliance of the same, the bidder will be debarred from enlistment and no

further tenders will be issued duly foreclosing the awarded work, if any.

15. PERFORMANCE GUARANTEE

The Consultant shall submit an Initial security deposit at 2.5% (Two and a half percent) of

the total consultancy fees in the form of Bank Guarantee Bond from a scheduled Bank within

15 (.Fifteen) days of award of work. The Bank Guarantee should be valid for two months

plus the consultancy period including extensions if any. In the event of failure to submit the

Bank Guarantee no payment shall be made to the consultant. The Bank guarantee shall be

released after satisfactory completion the consultancy services.

16. RETENTION MONEY

Retention money @ 5% (Five percent) of consultancy fee will be deducted from each running

bill. This Retention Money deducted from each running bill amount will be released after

consultancy work is over and completion certificate is issued by the OWNER.

17. LIQUIDATED DAMAGES FOR DELAY

(a) In case of delay in completion of services, liquidation damages at the rate of 1% (one

percent) subject to a maximum of a 10% (Ten percent) of the total contract price for delay of

every week or part thereof will be deducted from the running bill of the consultant.

(b) However, liquidated damages will not be recovered in the event of delay not

attributable to the consultant and the consultant is entitled for extension of completion time.

18. PROFESSIONAL LIABILITY INSURANCE

(a). Consultant will maintain Professional Liability Insurance including coverage for

errors and Omissions caused by Consultants negligence, breach in the performance of its

duties under this contract from an Insurance Company permitted to offer such policies in

India. Consultant will bear all expenses to maintain this insurance cover. The Insurance

coverage will be for 5 years effective from completion of consultancy services and will be

for minimum of the following amount:

i) Total Professional Fees including reimbursable expenditure made or expected to

be made to the consultants.

ii) Proceeds, the Consultants may be entitled to receive from any Insurance

Maintained by the Consultants to cover such a liability.

(b). The indemnity limit in terms of "Any One Accident" (AOA) and "Aggregate limit on

the policy period" (AOP) should not be less than the amount stated in the contract. In case of

joint venture or in association', the policy should be in the name of joint venture / in

association entity and not by the individual partners of the joint venture/association.

(c). In the event of failure to comply the above clause by the consultant no further tender

enquiry will be issued to the consultant in future.

19. TERMS OF PAYMENT:

The payment will be made on monthly basis as per BOQ and other terms and conditions.

20. General Conditions of Contracts and all amendments as applicable to the Project

Management Consultancy will be enforced.

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY

This deed of guarantee made on _____ day _____________ Two Thousand Eighteen between

_________________________ (Name of Banker) having its Registered office at ________________

(hereinafter referred to as the Surety) and President of India acting by and through

Chief Construction Engineer(R&D)Delhi, P-1 Building, Metcalfe House Complex, Delhi –

110 054 (herein after referred to as the "OWNER").

WHERE AS _____________________________________________ (Contractor's name) hereinafter

referred to as "CONTRACTOR" having their registered office at

_______________________________________ is bound to deposit with the owner by way of

Earnest money Rs.___________________________ (Rupees

__________________________________________ Only) in connection with their tender for

_______________________________ (name of work) with reference to "OWNER" tender enquiry

No. ____________________________ dated ___________________ as per specifications and

terms and conditions enclosed therein. Whereas the contractor as per clause No. 09 of invitation to

tender has agreed to furnish a Bank Guarantee valid upto ________________ (date) instead of

deposit of earnest money.

NOW THIS WITNESSETH

That the surety in consideration of the above Tender made by the CONTRACTOR to the OWNER

hereby undertakes to guarantee payment on demand to the owner of the said amount of

Rs.1,28,360/- which the contractor is bound to deposit with the OWNER by way of earnest money

in connection with his tender.

Not withstanding anything contained in the foregoing, the surety's liability under the guarantee

is restricted to Rs.1,28,360/- (Rupees One Lakh Twenty Eight Thousand Three Hundred Sixty

only). The guarantee shall remain in force and affective upto and shall expire and become

ineffective on intimation there-of being given to the surety by the owner in which event this

guarantee shall stand discharged.

This guarantee shall not be affected by any change in the constitution of the OWNER,

CONTRACTOR or the surety.

The OWNER shall be eligible to make any claim under this guarantee only if the contractor

submitting the tender resiles from the offer or modify the terms and conditions thereof in a manner

not acceptable to the OWNER or fail to sign the contract and deposit initial security deposit within

10 (Ten) days after the OWNER has advised the contractor the acceptance for (name of work) on

mutually agreed terms and conditions. The OWNER's decision in this regard shall be firm and

binding.

The surety cannot revoke this guarantee during its currency except by the previous consent of the

OWNER in writing.

Not with standing anything contained hereinabove unless a demand or claim under this guarantee is

made on the surety in writing on or before the surety shall be discharged from all liabilities under

this guarantee thereafter.

for and on behalf of

(Banker's Name)

AGREEMENT

This AGREEMENT made and entered into this ____ day of __________ Two Thousand Eighteen

between the President of India acting by and through Chief Construction Engineer (R&D) Delhi,

P-1 Building, Metcalfe House Complex, Delhi – 110054 hereinafter referred to as the

"OWNER" (which expression shall, unless excluded by or repugnant to the context or the meaning

thereof, be deemed to include its successors and assigns) of ONE PART.

AND

M/s._____________________________________ having their registered office and principal

place of business at __________________________________________________________

hereinafter referred to as the "CONTRACTOR" (which expression shall unless excluded by or

repugnant to the context or the meaning thereof, be deemed to include its successors and assigns) of

the OTHER PART.

WITNESSETH THAT

WHEREAS, the OWNER invited the CONTRACTOR to submit tender for

_________________________________________________________________________________

_________________________________________________________________________________

AND

WHEREAS, the CONTRACTORS submitted their tenders to the OWNER for execution of the

work in accordance with the tender documents including technical specifications, schedule of

items and tender drawings vide his letters

AND

WHEREAS, the OWNER has accepted the tender submitted by the CONTRACTOR for the

execution of the aforesaid work with reference to letter No.

_________________________________________________________________________________

_________________________________________________________________________________

AND WHEREAS, the CONTRACTOR has agreed to execute the aforesaid work on the terms and

conditions as stated in tender documents & general conditions of contract and has also agreed to

submit to the OWNER initial security deposit required to be paid on the date of signing of the

agreement, in accordance with the Tender.

NOW , THEREFORE, in consideration of the foregoing promises and mutual covenants herein

contained, the parties hereby agree to fulfill the obligations stated in the tender documents

alongwith contractors offer.

IN WITNESS

WHEREOF THE Chief Construction Engineer (R&D) Delhi, P-1 Building, Metcalfe House

Complex, Delhi - 110054 has set his hand for & on behalf of PRESIDENT OF INDIA.

AND

Sh. duly authorized representative of the CONTRACTOR for and on behalf of

M/s. ____________________ has affixed his signature and the seal of the said company in

accordance with Articles of Association.

Signed and delivered by Signed and delivered by

( ) ( )

For and on behalf of CHIEF CONSTRUCTION ENGINEER (R&D) DELHI

M/s.

Accepting Officer

For and on behalf of PRESIDENT OF INDIA

WITNESSES

1. 1.

2. 2.

PROFORMA FOR INTEGRITY PACT

This Integrity Agreement is made at ……................... on this ….......... day of ……………2018. BETWEEN

President of India represented through Chief Construction Engineer(R&D)Delhi Ministry of Defence, DRDO

P-1 Building, Metcalfe House Complex, Delhi – 110 054 , (Hereinafter referred as the (CCED) ‘OWNER’,

which expressi on shall unless repugnant to the meaning or context hereof include its Successors and permitted assigns)

AND ………………….. through ……. (Hereinafter referred to as ……… in M/s. …………………… “Bidder/CONTRACTOR” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) Preamble WHEREAS the OWNER has floated the e-Tender …… (hereinafter referred to as “Tender.........”) and intends to award, under laid down organizational procedure, contract for “Provision of Project Management

Consultancy (PMC) Services for DRDO Skill Development Centre for Integrated Safety Management

in Fire, Disaster and CBRN Site, Pilkhuwa” hereinafter referred to as the “Contract”.

AND WHEREAS the OWNER values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and CONTRACTOR(s). AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the Tender/Bid documents and Contract between the parties. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under: Clause 1: Commitment of the OWNER 1) The OWNER commits itself to take all measures necessary to prevent corruption and to observe the following principles:

(a) No employee of the OWNER, personally or through any of his/her family members, will in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

(b) The OWNER will, during the Tender process, treat all Bidder(s) with equity and reason. The OWNER will, in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution.

(c) The OWNER shall endeavour to exclude from the Tender process any person, whose conduct in the past has been of biased nature.

2) If the OWNER obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the OWNER will inform the Chief Vigilance Officer an d in addition can also initiate disciplinary actions as per its internal laid down policies and procedures.

Clause 2: Commitment of the Bidder(s)/CONTRACTOR(s)

1) It is required that each Bidder/CONTRACTOR (including their respective officers, employees & agents) adhere to the highest ethical standards, & report to the Government /Department all suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process & throughout the negotiation or award of a contract.

2) The Bidder(s)/CONTRACTOR(s) commits himself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the Tender process and

during the Contract execution:-

a) The Bidder(s)/CONTRACTOR(s) will not, directly or through any other person or firm, offer, promise or give to any of the OWNER’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract.

b) The Bidder(s)/CONTRACTOR(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process.

c) The Bidder(s)/CONTRACTOR(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/CONTRACTOR(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or documents provided by the OWNER as part of the business relationship, regarding plans, technical proposals & business details, including information contained or transmitted electronically.

d) The Bidder(s)/CONTRACTOR(s) will, when presenting his bid, disclose (with each tender as per proforma enclosed) any & all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

3) The Bidder(s)/CONTRACTOR(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences. 4) The Bidder(s)/CONTRACTOR(s) will not, directly or through any other person or firm indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or to influence the procurement process to the detriment of the Government interests. 5) The Bidder(s)/CONTRACTOR(s) will not, directly or through any other person or firm use Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury Jun befall upon a person, his/her reputation or property to influence their participation in the tendering process). Clause 3: Consequences of Breach

Without prejudice to any rights that Jun be available to the OWNER under law or the Contract or its established policies & laid down procedures, the OWNER shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/CONTRACTOR(s) & the Bidder/ CONTRACTOR accepts & undertakes to respect & uphold the Principal/OWNER’s absolute right:

1) If the Bidder(s)/CONTRACTOR(s), either before award or during execution of Contract has committed a

transgression through a violation of Clause 2 above or in any other form, such as to put his reliability or credibility in question, the OWNER after giving 14 days notice to the CONTRACTOR shall have powers to disqualify the Bidder(s)/CONTRACTOR(s) from the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/ CONTRACTOR from future contract award processes. The imposition & duration of the exclusion will be determined by the severity of transgression

& determined by the Principal/OWNER. Such exclusion Jun be forever or for a limited period as decided by the Principal/OWNER.

2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the OWNER has disqualified the

Bidder(s) from the Tender process prior to the award of the Contract or terminated/ determined the Contract or has accrued the right to terminate/determine the Contract according to Clause 3(1), the OWNER apart from exercising any legal rights that Jun have accrued to the Principal/OWNER, Jun in its considered opinion forfeit the entire amount of Earnest Money Deposit, Performance Guarantee & Security Deposit of the Bidder/ Contractor.

3) Criminal Liability: If the OWNER obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of Indian Penal code (IPC)/Prevention of Corruption Act, or if the OWNER has substantive suspicion in this regard, the OWNER will inform the same to law enforcing agencies for further investigation.

Clause 4: Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company* in any country confirming to the anticorruption approach or with Central Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the OWNER.

3) If the Bidder/CONTRACTOR can prove that he has resorted/recouped the damage caused by him and has installed a suitable corruption prevention system, the OWNER Jun, at its own discretion, revoke the exclusion prematurely. Clause 5: Equal Treatment of all Bidders/CONTRACTOR(s)/Sub CONTRACTOR(s)

1) The Bidder(s)/CONTRACTOR(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder/CONTRACTOR shall be responsible for any violation(s) of the principles laid down in this agreement/Pact by any of its Sub-contractors/sub-vendors. 2) The OWNER will enter into Pacts on identical terms as this one with all Bidders and Contractors .

3) The OWNER will disqualify Bidders, who do not submit, the duly signed Pact between the OWNER and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process. Clause 6- Duration of the Pact This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 24 months after the completion of work under the contract or till the continuation of defect liability period, whichever is more and for all other bidders, till the Contract has been awarded. If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, DRDO.

Clause 7- Other Provisions

1) This Pact is subject to Indian Law, place of performance & jurisdiction is the Headquarters of the Division of the OWNER, who has floated the Tender. 2) Changes and supplements need to be made in writing. Side agreements have not been made. 3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners or by one or more partner holding power of attorney signed by all partners & consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intensions. 5) It is agreed term & condition that any dispute or difference arising between the parties with regard to the terms of this Integrity Agreement/Pact, any action taken by the OWNER in accordance with this Integrity Agreement/Pact or interpretation thereof shall not be subject to arbitration. Clause 8 - Legal and Prior Rights All rights and remedies of the parties hereto shall be in addition to all the other legal rights & remedies belonging to such parties under the Contract and/or law & the same shall be deemed to be cumulative & not alternative to such legal rights & remedies aforesaid. For the sake of brevity, both the parties agree that this Integrity Pact will have precedence over the tender documents with regard any of the provisions covered under this Integrity Pact.

IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date first above mentioned in the presence of following witnesses: ................................................................

(For and on behalf of OWNER) ........................................................................

(For and on behalf of Bidder/CONTRACTOR)

ANNEXURE – II

GENERAL CONDITIONS OF CONTRACTS WITH

AMENDMENTS

FOR





PILKHUWA.


DATED 16 Mar 2018

RESTRICTED

RDCE WP – 1999

APPENDIX ‘E’

GENERAL CONDITIONS OF CONTRACTS

AS APPLICABLE

TO

R & D CONSTRUCTION ESTABLISHMENTS

DEFENCE RESEARCH & DEVELOPMENT ORGANIZATION

MINISTRY OF DEFENCE

NEW DELHI

RESTRICTED

CONTENTS

Article No. Description

1. Definitions 2. Scope of Work

3. Completion time

4. Contract Price 5. Terms of Payment

6. Taxes and Dues

7. Responsibility of the Owner

8. Obligations of the Contractor 9. Standard of Work

10. Responsibility for Completion

11. Exclusions 12. Rates for Extra Items

13. Measurement of Works

14. Engineer’s Authority 15. Changes

16. Working Hours

17. Drawings, Specification and Schedule of Items

18. Contractor’s Representative at Site 19. Rejection

20. Co-ordinations with other contractors

21. Liquidated Damages for Delay 22. Completion Certificate

23. Maintenance Guarantee

24. Materials

25. Other Persons engaged by Owner 26. Misuse of Works

27. Refund/Forfeiture of Security Deposit

28. Inspection and Test 29. Access to Work

30. No Interest Payable

31. Materials not incorporated in Works 32. Site Conditions

33. Owner’s Claim

34. Sub –Contracting

35. Passage of Property and Risk 36. Safety and Security

37. Accident or Injury to Workmen

38. Deductions from Contract Price 39. Compliance with Statutory & other regulations

40. Indemnity

41. Patent 42. Preservation of Peace

43. Operation

44. Secrecy

45. Suspension and Termination 46. Force Majeure

47. Arbitration

48. Liquidation/Termination 49. Effective date of Agreement

50. Annexures to Agreement

51. Entire Agreement

52. Amendment to Agreement 53. Waiver 54. Assignment

55. Copies 56. Stamp Duty

57. Notices 58. Amendments 01 to 06

ARTICLE – 1 : DEFINITIONS

In this document as hereinafter defined, the following words and expressions shall have the meanings assigned to them except where the agreement explicitly provides :-

1.01 “AGREEMENT” shall mean contract agreement together with tender documents and acceptance

thereof including annexures, drawings, correspondence, if any, referred to in the Agreement.

1.02 “OWNER” shall mean the President of India, acting by and through Chief Construction Engineer

(R&D) Delhi, D.R.D.O. Ministry of Defence, P-1 Building, Metcalfe House Complex, Delhi – 110

054.

1.03 “CONTRACTOR” shall mean M/s.____________________________________________________

having their registered office and principal place of business at

__________________________________________________________________________________

______________________________________________

1.04 “ENGINEER” shall mean ENGINEER nominated by Chief Construction Engineer (R&D) Delhi,

D.R.D.O. Ministry of Defence, P-1 Building, Metcalfe House Complex, Delhi – 110 054.

1.05 “SITE ENGINEER” shall mean the Engineer nominated by Chief Construction Engineer (R&D) at

site, responsible for day to day supervision of the work.

1.06 “WORK” shall mean all work, supplies and services to be executed / made / performed by the

CONTRACTOR under the Agreement.

1.07 “SITE” shall mean the area identified by CCE (R&D) for the scope of work indicated in Article – 2 of

general conditions of Contract.

1.08 “SPECIFICATIONS” shall mean all technical specifications, statements of technical data, schedule of

items / quantities / rates, drawings, sketches, Indian and / or British standards, instructions etc.

according to which the work shall be executed by the CONTRACTOR.

1.09 “DRAWINGS” shall mean any and all drawings including working drawings and sketches or any

modifications enclosed with the tender documents of such drawings, working drawings and sketches

as may be issued from time to time by the ENGINEER to the CONTRACTOR for execution of the

work.

1.10 (a) “Contract Price” shall mean the price for which the Contract is accepted as per the Letter of

Intent.

(b) “Final Contract Sum”: shall mean the sum to be paid by the OWNER to the CONTRACTOR

for executing the work and shall be computed on the basis of actual net quantities of various items of

work executed at the applicable rates as per the schedule of items/quantities/rates forming part of the

Agreement.

1.11 “CONSTRUCTION PLANT AND EQUIPMENT” shall mean all equipment, machinery, appliances,

tools, tackles etc. of whatever nature required in or about the execution, completion and maintenance

of the works or temporary works.

1.12 “TEMPORARY WORKS” shall mean all temporary / enabling works of every kind required in or

about the execution, completion and maintenance of the works.

1.13 “APPROVAL” shall mean approval in writing by the ENGINEER or any authorised representative of

the OWNER.

1.14 “MONTH” shall mean calendar month as per the Gregorian Calendar.

ARTICLE – 2 : SCOPE OF WORK

2.01 The scope of work to be executed by the Contractor under this Agreement shall include all work,

supplies and services for construction, completion and maintenance as specified in the tender

documents (or as finalised) and stated below :-

2.02 The work shall be executed strictly in accordance with the working drawings, specifications, schedule

of items, quantities / rates, sketches and written and oral instructions (to be subsequently confirmed in

writing) of the ENGINEER or any representative of Chief Construction Engineer (R&D). The

working drawings marked “good for construction” shall be issued progressively to suit the

construction schedule.

2.03 In the case of item rate contracts tender drawings issued at the time of Invitation to Tenders are for

guidance only. The actual work shall be carried out as per the working drawings stated under Article

2.02 above.

2.04 In case of any discrepancy in the drawings or between the drawings, technical specifications, and / or

schedule of items / quantities, the CONTRACTOR shall seek clarifications from the ENGINEER and

shall carry out the work in accordance with the clarifications furnished by the ENGINEER. In

absence of specifications for any particular item of work, the CONTRACTOR shall also carry out the

work as per the instructions given by the ENGINEER. Several documents forming the contract

agreement are to be taken as complimentary to one another.

The following order of preference shall be observed for interpretation of the contract :-

1. Description in schedule ‘A’ / Bill of quantities.

2. Technical specifications.

3. Drawings.

4. General conditions of contract.

Any error in description, quantity or rate in schedule ‘A’ / Bill of quantities or any omission

thereof shall not initiate the contract or release the CONTRACTOR from execution of whole or any

part of the works comprised therein according to drawings and specifications or from any of his

obligations under the contract.

2.05 The scope of work to be carried out by the CONTRACTOR shall also include the following :-

i. Setting out of the works in respect of position, level, dimensions, alignments, etc. including

establishment of bench marks, survey reference points, etc.

ii. Clearance of the site.

iii. Site levelling / terracing within the limits as shown in the drawings or as directed by the

ENGINEER.

iv. Disposal of debris, excavated materials, etc. as per the instructions of the ENGINEER.

v. Testing of water, soil and concrete.

vi. Pumping out rain water / underground water from foundations, excavations and drainage of

surface water from work site.

vii. All scaffolding, shorting, centering, shuttering works, etc.

viii. Running and maintenance of all construction plants and equipments, tools and tackles, etc.

a) All temporary / enabling works such as approach road to the site, water supply, drainage and

sewerage, power supply including diesel generator set, temporary offices, stores, construction

yard, canteens, toilet blocks, labour camp, fencing, etc.

b) Protection and maintenance of trees, shrubs, green and other surfaces as instructed by the

ENGINEER.

c) Any other work required in connection with the execution of the contract work.

The cost of all the above mentioned works shall be deemed to be included in the rates for various

items of work although such inclusion may not be specifically spelt out.

2.06 Whether specified elsewhere in the Agreement or not, the CONTRACTOR shall provide all materials

(including steel and cement unless specifically spelt out in the agreement otherwise), labours of every

description, energy and water and all tools, tackles, plant and transport necessary for proper execution

of the work to the entire satisfaction of the OWNER.

2.07 Where specified, the construction power and construction water will be provided free of cost by the

OWNER at a point. However, CONTRACTOR has to make his own tapping arrangements for

drawing the construction power and construction water from these points upto the works spot at his

own cost.

ARTICLE – 3 : COMPLETION TIME

3.01 The works shall be completed in all respects and handed over by the CONTRACTOR to the OWNER as described in Article – 2 and within the time stipulated in the Agreement.

3.02 In order to achieve the completion time as stated above, the CONTRACTOR shall submit to the OWNER with 2 (two) weeks from the effective date of Agreement a detailed Bar chart/ PERT

Network showing all the activities including mobilisation, site clearance, procurement of major

construction materials like steel and cement, excavation, foundation work, sanitary and water supply

work, etc. The list of activities for which the Bar chart / PERT network has been worked out and their commencement, duration and completion shall be subject to the approval of the OWNER.

3.03 Detailed Bar chart/PERT Network as specified above and approved by the OWNER shall form part of the Agreement.

3.04 The CONTRACTOR shall not be allowed any extension of completion time except in the following cases :-

(i) Force Majeure. The extension of completion time shall be as per Article-46.

(ii) Major changes or substantial addition to the work ordered by the OWNER adversely affecting the completion time. Extension of time shall be as per decision of the OWNER.

(iii) Delay in handing over site etc.

3.05 The works shall be deemed to be completed when upon notice by the CONTRACTOR the

ENGINEER has inspected the works and satisfied himself that the works have been fully completed

strictly in accordance with the Agreement and necessary completion certificate issued to the CONTRACTOR by the OWNER.

3.06 The OWNER shall have the right to take possession of or use any completed part of the work at any

time. Such possession or use shall not be deemed to be completion and acceptance of any work done not in accordance with the Agreement.

3.07 The CONTRACTOR shall submit to the ENGINEER monthly / fortnightly Progress Reports in

prescribed proforma listing progress achieved during the reporting period on activities as per Article

3.02.

ARTICLE – 4 : CONTRACT PRICE

4.01 In consideration of the work, supplies and services to be executed / made / performed by the

CONTRACTOR as per Article-2 above and for any other obligation to be met by the CONTRACTOR

under the Agreement, the OWNER shall pay to the CONTRACTOR, a Contract price Rs………………………………………………………………………………………………………

………………………..…………………………………………………………………………………

…………………………………...

4.02 The Contract Price as stated in Article 4.01 has been arrived at based on the quantities and the actual

rates as finalised and stated in the agreement. The contract sum to be paid to the CONTRACTOR

shall be arrived based on the actual net quantity executed under various items of work as per the schedule of items.

4.03 Items rates as stated under the schedule of items / rates shall be firm and fixed and binding on the CONTRACTOR during the period of this Agreement irrespective of any variations of quantities

stated therein upto +/- 20% variations of Contract price. For variations beyond 20% (Twenty percent)

of Contract price, applicable item rates shall be mutually discussed and agreed. The item rates on

above shall not be subjected to any variations on account whatsoever, whether statutory or otherwise.

4.04 Where the agreement provides for issue of cement & steel by the OWNER to the CONTRACTOR,

the base rates for the purpose of arriving of contract sum shall be based on the price of cement and steel as stipulated in the tender documents.

4.05 Item rates of various items of work shall be deemed to include cost of all materials, labour, tools,

plants, usage of equipments, templates, scaffoldings, supports approaches etc., security & safety measures, power, fuel, lubricants, consumables, transport, handling, storage, approval, checking,

testing, insurance, taxes, royalties, other revenue expenses, temporary facilities like roads, drains etc.,

facilities for testing/checking temporary accommodation, services, pumping out water, disposal of rubbish/surplus earth, supervision, overheads, profits etc. and such other items as may be required for

executing in full, the particular item of work.

4.06 Contract price / item rates shall include all taxes, fees and dues as per Article-6.

4.07 No reimbursement shall be made for escalation in price of materials, labour and / or fuel during the

contract period on any account statutory or otherwise.

4.08 In case the CONTRACTOR is allowed to use any material other than the ones specifically provided

for the difference in cost shall be deducted as per the prevailing market rate and in no case a higher rate shall be allowed.

4.09 Item rates payable to the CONTRACTOR for such items, for which no provision has been made in the schedule of items / rates, shall be determined as per Article – 12.

4.10 For payment of Contract sum, measurement of works under various items of work shall be made as

per the provision under Article – 13.

4.11 The CONTRACTOR shall submit an initial Security Deposit of 2.5% (Two and a half percent) of the

initial contract price in the form of a Bank Guarantee Bond or FDR of any scheduled Bank within 10 (Ten) days of acceptance of tender. The security deposit shall be released on expiry of maintenance

guarantee period and satisfactory completion of rectification of defects and on issuance of “Final

Acceptance Certificate” by the OWNER and submission of “No Claim Certificate” by the

CONTRACTOR (In case of increase in final contract sum the additional 2.5% {Two and a half percent} security deposit shall be deposited in the form of Bank Guarantee Bond / FDR before release

of final payment).

4.12 The rates quoted by the CONTRACTOR deemed to include all preparatory works required for

satisfactory completion of work and any rectification / replacement of works carried out as part of

defect liability.

ARTICLE – 5 : TERMS OF PAYMENT

5.01 In respect of Civil Works subject to any deduction which the OWNER may be authorised to make

under the Agreement, the CONTRACTOR shall receive payment from the OWNER as follows :

i) 10% (Ten percent) of the Contract price as interest free mobilisation advance within 02 (Two)

weeks after the effective date of Agreement, or date of deposit of initial security, whichever

is later against a Bank Guarantee for an equal amount in the format prescribed by the

OWNER, valid upto issue of “Completion Certificate” by the OWNER. The value of Bank

Guarantee shall be progressively reduced to the extent of outstanding Mobilisation Advance

to be adjusted / recovered. Any outstanding Bank Guarantee Bond shall be released when the

entire work is completed as per the Agreement and on issuance of “Completion Certificate”

by the ENGINEER.

ii) (a) 75% (Seventy five percent) of the value of imperishable materials such as aggregate, electrical, sanitary fittings, etc. brought to site which will be incorporated in the

works excluding cement and steel. This shall be recovered from running bills on pro-rata

according to the quantity of work billed for. This will be paid on sufficient documentary proof and on certification by the ENGINEER and acceptance by the OWNER.

(b) 85% (Eighty five percent) of the cost of cement and steel procured by the CONTRACTOR

and brought to site for incorporation into the works. This shall be recovered from running bills on pro-rata according to the quantity of work billed for. This will be paid on sufficient

documentary proof and on certification by the ENGINEER and acceptance by the OWNER.

iii) 80% (Eighty percent) of the value of the work done less recoveries in running bill payments

according to the progress of works performed as measured as per Article -13.

iv) Balance 10% (Ten percent) of the value of work done but not paid in running bills shall be

held as retention money. It shall be released in stages, when the retention money accumulated

exceeds Rs.2 (Two) lakhs on production of Bank Guarantee Bond of an equivalent amount so

released and valid upto the date of expiry of maintenance period. Alternatively, the

CONTRACTOR may produce a Bank Guarantee Bond for an equal value valid upto the date

of expiry of maintenance period, the retention money recovered in each running bill can be

released to the extent of the value of such Ban Guarantee Bond. On completion of entire

work as per the Agreement and on issuance of completion certificate by OWNER, the value

of Bank Guarantee submitted for release of retention money of 10% held in running bills

payment shall be reduced 2.5% (Two and a half percent) on final contract sum shall be

released on completion of all works and on issuance of completion certificate by the OWNER.

v) The Bank Guarantee totalling to 5% (Five percent) of the final contract sum {inclusive of

initial Security Deposit of 2.5% (Two and a half percent)} shall be released on expiry of the

maintenance period and satisfactory completion of rectification of defects and on issuance of

“Final Acceptance Certificate” by the OWNER and submission of “No Claim Certificate” by

the CONTRACTOR.

5.02 Adjustment of final contract sum shall be made in the last 3 (three) consecutive running bill payment

based on the final quantities against various items of work. Adjustment shall also be made in the

contract sum due to extra work executed, if any, as per requirement of ENGINEER/OWNER in those 3 (three) last running bill payments.

5.03 In respect of E&M Works subject to any deduction which the OWNER may be authorised to make

under the agreement, the CONTRACTOR shall receive payment from the OWNER as follows :-

(i) 10% (Ten percent) of the contract price as down payment against submission of Bank Guarantee

Bond for an equal amount valid till the date of completion. Bank Guarantee Bond submitted

against down payment shall be released when the entire work is completed and on issuance of Completion Certificate.

(ii) 10% (Ten percent) of the Contract Price against submission and approval of Engineering drawings & details.

(iii) 50% (Fifty percent) of the Contract Price against delivery of all materials and equipments at site.

(iv) 15% (Fifteen percent) of the Contract Price against erection and commissioning on pro-rata basis.

(v) Balance 15% (Fifteen percent) of the Contract Price on completion of the entire work and testing and handling over to the OWNER against submission of performance Bank Guarantee Bond for

5% of the completion cost, valid for a period of 12 months from the date of completion of work.

The performance Bank Guarantee Bond held for 5% of the completion cost shall be in addition to the

initial security deposit of 2.5% (Two and a half percent) and shall be released on expiry of

maintenance period after satisfactory conduct of performances test and completion of rectifications if

any and issuance of “Final Acceptance Certificate” by the OWNER and submission of “No Claim Certificate” by the CONTRACTOR.

5.04 All running payments shall be regarded as payment by way of advance against final payment only and not as payment for the work completed till the date of final payment. The running payment made

shall not preclude the liability of the CONTRACTOR to finally complete the work strictly in

accordance with the specifications and drawings, if required by re-constructing faulty work.

5.05 All invoices for running payments as well as for final payments shall be submitted in prescribed forms

(cost of forms to be borne by the CONTRACTOR) duly recommended by the ENGINEER and supported by detailed measurement of items of work in accordance with Article 13.

5.06 The final bill shall be submitted by the CONTRACTOR within 2 (Two) months from the date of

completion of the works accompanied by :

(a) Completion certificate issued by the OWNER.

(b) No claim Certificate by the CONTRACTOR. (c) Consumption Statement of steel and cement certified by the ENGINEER.

(d) Consumption Statement for all other imperishable materials like bricks, electrical and sanitary

fittings etc. for which advance has been given by the OWNER as mentioned above in Article – 5.01 (ii).

(e) Original guarantee furnished by CONTRACTOR’s Suppliers for applicable items.

(f) Maintenance guarantee by the CONTRACTOR.

(g) Test Certificate for items and materials. (h) Completion drawings showing the layout, invert levels, locations, sizes of pipelines and all

fittings and fixtures in respect of internal water supply and sanitary fittings.

(j) Completion drawings showing layout of all electrical fittings and fixtures, circuit diagram and sizes and capacities of all cables and other installations in respect of internal electrification.

(k) Completion drawings showing the layout of pipelines, electrical cables, sewer lines,

manholes, septic tank, soak pit, drains, street lighting etc. indicating actual invert levels of critical

points in respect of all external services. (l) Completion drawings showing the layout and cross section details of road/pavements with

specifications alongwith location and other details of culverts/bridges and other pipe crossings

etc. (m) Periodical Services Measurement Books.

5.07 Payments dues and payable by the OWNER shall be made within 15 (fifteen) days from the date of

receipt of invoices supported by requisite details of measurements certified by the ENGINEER.

5.08 All payments to the CONTRACTOR shall be made by Account Payee Cheque or Demand Draft. All

Bank charges in connection with payment to the CONTRACTOR shall be to the account of the

CONTRACTOR.

5.09 Bank Guarantee Bonds only from Nationalised Banks or Scheduled Banks shall be accepted by the

OWNER.

ARTICLE – 6 : TAXES AND DUES

6.01 All taxes including sales tax on works contract if any, dues, fees, levies, octroi, excise or other charges levied on the CONTRACTOR in connection with the contract work shall be borne and paid

by the CONTRACTOR. No increase / decrease in taxes / duties, statutory or otherwise, after

submission of tenders and during the execution of the works, shall be adjusted.

6.02 All Bank Charges, taxes, dues and all other charges in connection with payment to be made to the

CONTRACTOR and in connection with Bank Guarantee Bond shall be borne and paid by the CONTRACTOR.

6.03 Income Tax at the rate of 02 (Two) percent of the gross value of the contract and surcharge there on

as applicable, shall be progressively deducted from the CONTRACTOR’s bills by the OWNER for depositing the same with the Income Tax Authorities.

6.04 Wherever required by the State Government(s), Sales Tax on works contract shall be recovered at the prescribed rates from the CONTRACTOR’s running bills by the OWNER for depositing the same

with the State Government.

ARTICLE – 7 : RESPONSIBILITY OF THE OWNER

7.01 The OWNER shall provide at no cost to the CONTRACTOR the following :-

i) Hand over the site to the CONTRACTOR including the site for labour camp, if any, within seven

days from the effective date of agreement.

ii) Furnish to the CONTRACTOR working drawings, sketches, instructions for execution of the

works.

iii) Arrange to inspect the works and witness the tests where conducted.

7.02 The OWNER shall not be responsible to fulfil his obligations as per Article 7.01 in time if such obligations are dependent on CONTRACTOR’s furnishing information in time and where the

CONTRACTOR has failed to do so.

7.03 The OWNER shall be responsible to get the entry passes issued to the CONTRACTOR and his

Employees to work within any restricted area.

7.04 Where specified in the contract, arrange to supply water and electricity at locations marked in site

plan.

ARTICLE – 8 : OBLIGATIONS OF THE CONTRACTOR

8.01 In order to ensure that the contract work is executed strictly in accordance with the Agreement and in

time, the CONTRACTOR shall have the following obligations at no extra cost to the OWNER in addition to such other obligations and responsibilities as have been specified elsewhere in the

Agreement:

i) Make arrangements to bring water and power from points indicated by the OWNER in the tender

documents to the site of Construction.

ii) Arrange for testing of water, soil, concrete etc. as directed by the ENGINEER.

iii) Provision of adequate numbers of construction plants and machinery including mechanised

system of construction, handling and transportation as directed by ENGINEER.

iv) Provide special magazine at site for storage of explosive for which requisite licence shall be

obtained from the concerned authorities.

v) Provide adequate safety and obligatory provisions for work and workmen.

8.02 All fossils, gold, silver, oil and other minerals, precious stones, coins, article of value of antiquity and

structures and other remains and things of geological or archaeological interest discovered at site of

works shall be notified by the CONTRACTOR immediately to the OWNER for onward intimation to

the concerned authorities.

8.03 The CONTRACTOR shall take reasonable precautions to prevent his workmen or any other person

from removing or damaging any such articles or things and protect the same till removal as per the instructions of the OWNER.

8.04 Clearance of the site of all rubbish, debris, vats, tanks, materials, labour huts, temporary structures, plant and machinery, scaffolding and filling of all pits, excavation and hand over the site in a tidy and

clean condition to the OWNER.

8.05 Opening up of covered work if instructed by the ENGINEER, if such covering was done before inspection by the ENGINEER or without permission from the ENGINEER.

ARTICLE – 9 : STANDARD OF WORK

9.01 All material and workmanship shall be of best quality available in the country and shall be in

accordance with the technical specification, drawings and other instructions issued to the

CONTRACTOR.

9.02 If for any material or workmanship appropriate Indian Standards or codes are not available or have

not been adequately specified in the technical specifications, such materials and workmanship shall confirm to other suitable standards and codes as may be approved by the ENGINEER.

9.03 The CONTRACTOR shall take due care in achieving and maintaining tolerances specified for various works.

9.04 The surface finishes shall be free of all defects under critical lighting conditions.

9.05 The CONTRACTOR shall ensure provision of anti-termite and water proofing treatment for the

foundations / basements / roof work and other specified work, as detailed in BOQ through specialised

agencies with a warranty period of 05 (Five) years. Certificate to this effect shall be submitted to the OWNER to the CONTRACTOR.

ARTICLE – 10 : RESPONSIBILITY FOR COMPLETION

10.01 Subject to provision under Article – 11 : Exclusions, any work, supplies or services which might have

not been specifically mentioned in the specifications, schedule of items or drawings but are necessary for entire completion of the contract work shall be executed / provided / rendered by the

CONTRACTOR without any extra cost and within the time schedule specified. Rates quoted shall be

deemed to include such elements of labour and materials necessary to complete the items of work in all respects.

10.02 Any work or item not envisaged but necessary to execute the contract work in completeness shall be

carried out by the CONTRACTOR under instruction of the ENGINEER. The rates for such work / items of work shall be determined in accordance with Article – 12.

ARTICLE – 11 : EXCLUSIONS

11.01 Unless otherwise specifically provided elsewhere in the Agreement including technical specifications,

drawings and schedule of items, the works / items of work to be excluded from the scope of the CONTRACT shall be clearly and specifically indicated in Schedule ‘A’.

ARTICLE – 12 : RATES FOR EXTRA ITEMS

12.01 Should it be found necessary to execute any item(s) of work which is not included in the schedule of

items and as such no contract rate is available, the rate for such items of work shall be arrived at as per the following procedure :-

i) Where the extra item(s) of work is similar in character and / or executed under similar conditions

as to any item of work appearing in the Contract Agreement, then the rates for such extra items

shall be derived from contract rates of similar / closest item of work.

ii) Where the nature of item is such that the rate for the same cannot be derived as per ARTICLE –

12.01(i), then the rate shall be established based on the market rates and taking into account 20%

(Twenty percent) over cost of labour and materials to cover supervision, overheads and profits.

The norms followed by CPWD or MES, as may be approved by the ENGINEER with the

concurrence of the OWNER regarding labour and material content, shall be adopted for this

purpose.

iii) Where rates of extra item / work can neither be established by derivation from the existing rates

as per Article – 12.01 (i) above or by rate analysis as per Article-12.01 (ii), then the rate for such

item / work shall be estimated and fixed by the ENGINEER, which shall be binding on the

CONTRACTOR.

iv) Where the nature of extra item / work is such that, it has to be got executed through a specialised

Agency, the Agency shall be got approved from the OWNER on recommendation of

ENGINEER and decision of the OWNER regarding appointment of the Agency and the rates

shall be final and binding. In such cases, the CONTRACTOR shall be paid at rate(s) approved

for the agency plus 15% (Fifteen percent) to cover supervision, overhead and profits.

v) The price for cement and steel for arriving the rates of extra item shall be as given below :-

a. Cement – Rs…………………………………

b. R/F Steel – Rs……………………………….

c. Structural Steel – Rs…………………………

The above prices are inclusive of taxes, duties etc., and nothing extra shall be payable towards

the taxes and duties.

ARTICLE – 13 : MEASUREMENT OF WORK

13.01 Unless otherwise specified, measurement of work shall be carried from the works actually executed.

13.02 The measurements for the purpose of preparing Bills will be taken jointly by the CONTRACTOR’s

representative and the SITE ENGINEER.

13.03 In measurement of work as stated under Article 13.01 and 13.02, the CONTRACTOR shall certify

that the work has been carried out strictly as per the drawings, specifications and item of work in

terms of the AGREEMENT. Such certificate shall require SITE ENGINEER’s endorsement for the purpose of payment.

13.04 In the event of any dispute with regard to the measurement of the work executed, the decision of the OWNER shall be final and binding on the CONTRACTOR.

13.05 In the case of site measurements as per Article 13.02 above, should the CONTRACTOR not attend or neglect or fail to send his representative for taking joint measurements, the measurements taken by the

SITE ENGINEER shall be deemed to be the correct measurement of work and shall be binding on the

CONTRACTOR.

ARTICLE – 14 : ENGINEERS AUTHORITY

14.01 ENGINEER shall be the sole communicating Authority and all correspondence under this Agreement to the OWNER shall be addressed to the ENGINEER by the CONTRACTOR.

14.02 ENGINEER shall issue necessary drawings, sketches, specifications, instructions, clarifications, etc. to the CONTRACTOR required for the execution of work and also record instructions in site order

book where called for compliance by the CONTRACTOR.

14.03 ENGINEER shall have the authority to :-

i) Make modifications, alterations to the drawings / sketches etc. already supplied to the

CONTRACTOR.

ii) Increase / decrease the quantum of work specified in the schedule of items or to omit item(s) of

works and / or to order substitutions. iii) Inspect, test and examine all the materials and workmanship employed in construction.

iv) Reject materials / workmanship not conforming to instructions / specifications / drawings and to

order for removal of rejected materials or pull down / dismantle defective work (s). v) Enforce the provision of various statutory laws and regulations in vogue pertaining to labour and

construction work and ensure their strict compliance by the CONTRACTOR.

vi) Give notice to the CONTRACTOR if any deficiency is found with regard to adherence to accepted programme or sequence of work or delay in procurement of material and labour or

negligence on the part of the CONTRACTOR or his authorized agent.

vii) Alter already agreed programme or sequence of work if found necessary at a later date.

viii) Instruct the CONTRACTOR to expel from site any of his employee (s) / workmen who in his opinion is incompetent or otherwise whose presence is undesirable at site.

ix) Enforce any or all provisions in the Agreement to ensure that the work is carried out by the

CONTRACTOR strictly in accordance with the Agreement.

However these do not absolve the CONTRACTOR from his responsibilities to carry out all the works

as per terms and conditions of the agreement.

ARTICLE – 15 : CHANGES

15.01 The OWNER / ENGINEER shall have the right, during the performance of the Agreement, to make any addition to, alterations in and omission from the works or any alterations in the kind or quality of

the materials to be used therein and shall give notice thereof in writing to the CONTRACTOR.

15.02 The CONTRACTOR shall, in accordance with such notice as per Article 15.01, alter, add to or omit

from the works as the case may require.

15.03 The CONTRACTOR shall not carry out any work extra to or make any alterations or additions to or

omission from the works or any deviation from any of the provision of the Agreement, stipulation,

specification or contract drawings without the prior consent in writing from the ENGINEER.

15.04 If any changes or missing items of work are required for completion of the work as per Article 10.01,

the CONTRACTOR shall not be entitled to extra price or time.

15.05 The CONTRACTOR shall proceed with the changes as instructed as per Article 15.01 pending

settlement of rates for extra items.

ARTICLE – 16 : WORKING HOURS

16.01 Unless otherwise directed or permitted by the ENGINEER, no work shall be carried between Sun-set

and 8.00 AM or on Sundays or OWNER’s Holidays.

16.02 Where instructed by the ENGINEER the CONTRACTOR shall get the works executed in 2/3 shifts and on Sundays and Holidays if so deemed necessary by the ENGINEER for completion of the work

as per the time schedule. No claim for any compensation or extra payment on this account shall be

admissible by the OWNER.

16.03 In the case of working at night, the CONTRACTOR shall arrange additional workmen and provide

adequate lighting and make other arrangements necessary to carry out the work properly.

16.04 Should it be necessary, the CONTRACTOR shall obtain necessary permission from the authorities for

night work.

ARTICLE – 17 : DRAWINGS, SPECIFICATIONS, SCHEDULE OF ITEMS

17.01 Drawings, specifications and schedule of quantities / items shall be treated as supplementary to each other and should anything appear in the one that is not described in the other, no advantage shall be

taken by the CONTRACTOR for any such omission. For such discrepancy / inconsistency the

CONTRACTOR shall seek instructions from the ENGINEER before proceeding with work and the

clarification / decisions given by the ENGINEER shall be treated as final and binding on the CONTRACTOR.

17.02 All drawings, specifications, sketches, schedule of items, etc. furnished by the OWNER shall be treated strictly confidential property of the OWNER. All such drawings, specifications, sketches,

schedule of quantities / items etc., shall be returned to the OWNER upon the completion of the

contract work. No copies, duplications or photostat shall be retained by the CONTRACTOR without

the written consent of the OWNER.

17.03 CONTRACTOR shall furnish to the OWNER with 3 (three) sets of all catalogues, literature, manuals,

etc., in respect of applicable brought-out items incorporated in the works.

17.04 The CONTRACTOR shall not himself make any changes in the drawings / sketches,

specifications and schedule of items issued by the ENGINEER for executing the contract work. If any error or omission is detected he shall promptly bring the same to the notice of the ENGINEER for

clarification / decision / rectification.

17.05 One (1) set of working drawings, specifications and schedule of quantities / items shall be available at the CONTRACTOR’s site office for reference by the ENGINEER.

17.06 The CONTRACTOR shall be supplied with 03 (three) sets of working drawings for Construction purposes.

ARTICLE – 18 : CONTRACTOR’S REPRESENTATIVE AT SITE

18.01 The CONTRACTOR shall, during progress of the works, employ a full time qualified, experienced

and competent representative at the site for executing the works.

18.02 Any decision, instruction, authorisation or approval given by the ENGINEER to such

CONTRACTOR’s representative shall be deemed to have been given to the CONTRACTOR.

18.03 The CONTRACTOR shall provide necessary competent and experienced personnel to assist his

representative at site for superintendence during the execution of the works and / or as long thereafter,

as the ENGINEER may consider necessary till the expiration of maintenance guarantee period.

18.04 If, in the opinion of the ENGINEER, due progress is not achieved in the contract and / or execution

thereof becomes contrary to the specification and / or substandard work is executed and / or

substandard materials are used or supplied by the CONTRACTOR and / or any direction given by the

ENGINEER is not properly complied with or attended to, the ENGINEER may direct the

CONTRACTOR to employ extra supervisory staff to supervise the work and the CONTRACTOR

shall do so within seven days from the date of such direction and the cost of employment of such

additional supervisors shall be to the account of the CONTRACTOR.

18.05 The CONTRACTOR shall maintain at his site office a site order book for the ENGINEER to give in

writing any instructions, decision, etc. to the CONTRACTOR in connection with execution of the

contract work. The CONTRACTOR shall acknowledge receipt of such instructions, direction,

decision by signing on the order book and ensure its compliance.

18.06 Positioning of CONTRACTOR’s representative as per Article 18.01 shall be subject to the approval

of the OWNER.

ARTICLE – 19 : REJECTION

19.01 If the Contract work or any portion thereof, at any time, is found to be defective or fails to fulfil the requirements of the agreement, the ENGINEER shall give the CONTRACTOR notice in writing

setting-forth particulars of such defects or failure and the CONTRACTOR shall forthwith make good

the defects or replace or alter the same to make it comply with the requirements of the agreement.

19.02 Any materials, equipment, etc. brought to the site and found to be not in accordance with the

agreement, shall be rejected by the ENGINEER and the CONTRACTOR shall remove the materials from the site within the period specified by the ENGINEER.

19.03 The CONTRACTOR shall not be entitled to any extension of time or extra cost for rejection as per

Article 19.01 and 19.02.

ARTICLE –20 : COORDINATION WITH OTHER CONTRACTORS

20.01 The CONTRACTOR shall co-ordinate with other Contractors / agencies working in or about the site

or at the adjoining areas on works having direct or indirect connection with the contract work being

executed by the CONTRACTOR under this Agreement.

20.02 The CONTRACTOR shall interact with other contractors and agencies stated under Article 20.01 and

sequence various activities with the activities of other contractors in a manner required for timely and

sequential completion of the contract work.

20.03 Should there be any disagreement between the CONTRACTOR and other contractors and agencies in

respect of any activity or sequencing of activities, the same should be referred to the ENGINEER whose decision shall be final and binding on the CONTRACTOR.

20.04 Co-ordination with other contractors / agencies or any dis-agreement or delay in co-ordination or

interruption in work shall not entitle the CONTRACTOR to any extra time or cost.

ARTICLE – 21 : LIQUIDATED DAMAGES FOR DELAY

21.01 If the CONTRACTOR fails to complete the work / item(s) of work in all respects and hand over the

same to the OWNER within the time stipulated the CONTRACTOR, without prejudice to any other

right or remedy of the OWNER on account of such breach, be liable to pay the OWNER liquidated

damages at the rate of 1% (one percent) of the total contract price for delay of every week or part

thereof.

21.02 The total amount of liquidated damages shall be limited to 10% (Ten percent) of the total contract

price.

21.03 The provision under Article 21.01 and 21.02 shall not apply in cases of delay for which the

CONTRACTOR is entitled to extension of completion time as per Article 3.04.

ARTICLE – 22 : COMPLETION CERTIFICATE

22.01 Within 10 days of completion of the work, the CONTRACTOR shall give notice of such completion

to the ENGINEER and within 30 (Thirty) days of the receipt of such notice, the ENGINEER shall

inspect the work and if there is no defect, imperfection or shortfall in the work, shall recommend to the OWNER for issue of completion certificate. The OWNER will issue the completion certificate.

22.02 At the option of the OWNER a provisional completion certificate may be issued indicating defects (a) to be rectified or re-constructed by the CONTRACTOR and / or (b) for which payment shall be made

at reduced rate.

22.03 No completion certificate or provisional completion certificate shall be issued nor shall the work be

considered to be complete until the CONTRACTOR shall have removed from the site all scaffolding,

surplus materials, rubbish, etc. and all the temporary works, labour camps and clean off the dirt from

wood work, doors, windows, walls, floors or other parts of the works.

ARTICLE – 23 : MAINTENANCE GUARANTEE

23.01 Maintenance Guarantee period will be 12 months from the actual date of completion and handling

over to the OWNER.

23.02 The CONTRACTOR guarantees that within the maintenance guarantee period, the contract work shall not show any signs of defects, cracks, settlements, disfigurations, shrinkage, leakage, dampness or any

other defects.

23.03 The CONTRACTOR shall maintain and satisfactorily execute, at his own cost, all such works of

repair, amendment, re-construction, rectification, replacement and any other work to make good the

faulty work as stated in Article 23.01 during the maintenance guarantee period.

23.04 The CONTRACTOR shall, if required by the ENGINEER, search for the causes of any defects,

imperfection or fault under the direction of the ENGINEER. The cost of such search shall be borne

by the CONTRACTOR.

23.05 At intervals specified by the ENGINEER the CONTRACTOR, along with the ENGINEER, shall

inspect the contract work to satisfy himself that no defects have cropped up in the contract work. Should there be any signs of defects, the CONTRACTOR shall take immediate steps to rectify the

same, failing which, the ENGINEER may get the defects rectified at the risk and cost of the

CONTRACTOR.

23.06 At the end of the maintenance guarantee period, the CONTRACTOR, along with the ENGINEER,

shall carry out final inspection of the contract work to prove that no defects had appeared in the

contract work or that all defects which appeared in the contract work have been rectified to the entire satisfaction of the ENGINEER. If during the final inspection it is found that the defects still remain in

the contract work, the period of maintenance guarantee shall be extended at the discretion of the

ENGINEER and the CONTRACTOR shall be liable to make good the defects and be responsible for the maintenance of the work till the defects have been fully rectified.

23.07 Upon successful completion of the maintenance guarantee period the OWNER shall issue final

acceptance certificate to the CONTRACTOR.

ARTICLE – 24 : MATERIALS

24.01 The CONTRACTOR shall arrange all the materials required for the work including cement and steel.

24.01.01 Steel shall be procured from main producer of steel viz. SAIL, TISCO, RINL IISCO. Name of the supplier shall be approved by the OWNER.

24.01.02 Type of cement to be incorporated in the work shall be ordinary Portland cement of grade 43 and

above as per relevant IS Code. The cement shall be procured from main producers of cement and

name of supplier shall be approved by the OWNER.

24.02 The CONTRACTOR shall have full knowledge of all the materials required to be procured and

incorporated in the works by him regarding source of supply, technical characteristics and conformation to technical specifications.

24.03 All the materials procured and incorporated in the works shall comply with technical specifications / Indian Standards including latest amendments / revisions. The BIS codes wherever mentioned in

tender documents shall be deemed to be changed / modified / revised as per the latest BIS published.

24.04 Cement and steel where so stipulated in the agreement as to be supplied by the OWNER, the rate of supply and recovery thereof shall be as indicated in the tender documents.

However Steel will not be issued for door / window frames, window grills, railings, gates, chainlink fencing, security / architectural grill for compound wall, MS door / rolling shutters, foundation bolts

and insert plates. Cement required for manufactured items like solid concrete blocks for masonry,

floor tiles etc. will not be issued by the department.

24.04.01 The CONTRACTOR shall lift the steel at his cost and transport the same to the site from local

stock-yards / sidings as the case may be.

24.04.02 The CONTRACTOR shall not use cement and steel issued by the OWNER for any work other than

the contract work without the prior permission of the OWNER.

24.04.03 Any excess quantity of cement and steel procured with the assistance of the OWNER / issued by the

OWNER over and above the quantities consumed in the works including wastages as may be

computed and certified by the ENGINEER, if not returned on completion of the work, shall be treated as misuse of cement and steel by the CONTRACTOR.

24.04.04 In case the CONTRACTOR is asked to transport the cement / steel from outstation stockyard /

sidings, he will be reimbursed the transportation charges at actuals on production of documentary evidence and on certification by the ENGINEER. However, the local handling charges that would

have been incurred by the CONTRACTOR for transportation from local stockyards / sidings shall be

recovered for the quality of steel consumed in the work.

24.04.05 In the event of mis-use of cement or steel as defined under Article 24.04.03, the CONTRACTOR

shall, in addition to making himself liable for action for contravention of the terms of the permit and / or for criminal breach of trust, be liable to the OWNER for payment of penalty at double the base rate

per tonne of cement and steel.

24.04.06 The CONTRACTOR shall make necessary storage facilities at his own cost at the site to prevent

damage / deterioration of cement or steel.

24.04.07 Steel sections required in quantities less than 500 Kgs for the whole work will not be issued by the OWNER and it will be procured by the CONTRACTOR at his own cost.

24.05 Where the Agreement stipulates that cement and steel will be supplied by the OWNER and the OWNER is unable to supply cement and steel under Article 24.04 above for reasons beyond their

control to the CONTRACTOR, the OWNER will permit either of the following :-

a) On the request from the CONTRACTOR, depending upon the circumstances in case, the OWNER at his discretion may permit the CONTRACTOR to procure from the open market cement and

steel keeping in view the overall Time Schedule. The quantities of Cement and Steel to be

procured from the open market will be decided by the OWNER at his sole discretion. Any difference in cost shall be adjusted at actuals against documentary proof.

b) Contractor will not be given or accomodated in another form / mode of compensation / benefit due

to non-availability of cement or steel. However, the OWNER may consider giving a suitable

extension of time in case of any undue delay in availability of cement / steel on production of documentary evidence by the CONTRACTOR.

24.06 The CONTRACTOR shall provide samples, technical brochures, details, etc. to ENGINEER/OWNER for approval of make, brand, colour, shade, etc., at his own cost before placing orders.

24.07 Materials brought at site of work shall be in-sealed containers or original packing and CONTRACTOR shall submit vouchers / challans and test certificate to ENGINEER on demand.

ARTICLE – 25 : OTHER PERSONS ENGAGED BY OWNER

25.01 The OWNER reserves the right to use the premises or any portion of the site for the execution of any

work not included in the Agreement, which he may desire to be carried out by other persons, and the CONTRACTOR shall allow all reasonable facilities for the execution of such work but shall not be

required to provide any plant or materials for the execution of such work except by special

arrangement with the OWNER.

ARTICLE – 26 : MISUSE OF WORKS

26.01 The CONTRACTOR shall ensure that the works or any portion of the work completed or partially completed are not mis-used by him or his sub-contractors or their employees, workmen, agents,

servants etc. leading to deterioration / temporary deterioration of the work.

26.02 The CONTRACTOR may however be permitted by the ENGINEER to use the work or a portion of

the work completed or partially completed for such purposes as may be approved by the ENGINEER.

ARTICLE- 27 : REFUND/FORFEITURE OF SECURITY DEPOSIT

27.01 If the CONTRACTOR shall duly and faithfully carry out the provisions of the Agreement and shall

duly satisfy all claims properly chargeable against him hereunder, the security deposit made by him in terms of the Agreement shall be refunded to him upon issuance of the “Final Acceptance Certificate”

on expiry of the successful maintenance guarantee period.

27.02 Should the CONTRACTOR fail to perform the contract work in terms of the Agreement or fail to

maintain the contract work during the maintenance guarantee period and if the OWNER incurs any

expenditure or is likely to incur any expenditure for completion of the work or rectification of defects,

then the OWNER shall be entitled to deduct such sum or sums as may be necessary for such completion or rectification from the security deposit made by the CONTRACTOR under this

Agreement. The decision of the OWNER in determining such sums to be deducted from the

CONTRACTOR’s security deposit shall be final and binding on the CONTRACTOR and shall not be subject to arbitration.

ARTICLE – 28 : INSPECTION AND TEST

28.01 The CONTRACTOR shall ensure inspection and test of all materials and work at his cost through his

ENGINEER and other technical staff either at site or through any approved laboratory.

28.02 The CONTRACTOR shall ensure proper supervision and inspection during the progress of work at

site.

28.03 All materials and work, whether at the site or in the CONTRACTOR’s / Sub-Contractor’s premises

shall be subject to inspection and test by the ENGINEER. The CONTRACTOR / his Sub-Contractor

shall provide all facilities free of cost to the ENGINEER including all labour, materials, tools, tackles,

instruments, appliances, etc. to enable the ENGINEER to carry out inspection and / or test.

28.04 All test certificates shall be subject to certification by the ENGINEER.

28.05 The CONTRACTOR shall submit to the ENGINEER three copies of all inspection / test certificates.

28.06 The CONTRACTOR shall not be entitled to any claim for extra time or cost due to any delay in carrying outinspection and testing or re-inspection and re-testing if so decided by the ENGINEER.

28.07 The CONTRACTOR shall take adequate steps to rectify the defects or to replace such materials and work which have failed during inspection / testing.

ARTICLE – 29 : ACCESS TO WORK

29.02 The OWNER, ENGINEER and / or any person authorised by them shall at all times have free access

to the work site and / or to the workshops, factories or other places where materials are being prepared or constructed for the contract work and also to any place where materials are lying from where they

are being taken out, and the CONTRACTOR shall give every facility to them for inspection,

examination and testing of the materials and workmanship.

ARTICLE – 30 : NO INTEREST PAYABLE

30.01 The CONTRACTOR shall not be entitled to any interest with respect to security deposit or any

money which may be due to him from the OWNER or for any delay on the part of the OWNER to

make any running or other payments.

ARTICLE – 31 : MATERIALS NOT INCORPORATED IN WORKS

31.01 Any material for which the CONTRACTOR has received payment or the ENGINEER has included

for payment the value of any un-fixed material intended for incorporation in the works, such materials

shall become the property of the OWNER and shall not be removed except for the use upon the works

without the written authority of the OWNER / ENGINEER. The CONTRACTOR shall keep in safe custody of the same and be liable for any loss or damage to such materials till issue of completion of

maintenance guarantee period.

ARTICLE – 32 : SITE CONDITION

32.01 Before submitting the tender the CONTRACTOR shall inspect the site of work and acquaint himself

with and collect all necessary information regarding site conditions and working conditions including

constraints for carrying out the work. No claim of the CONTRACTOR due to ignorance of site

condition / working condition for any increase of completion time and / or cost shall be entertained by the OWNER.

ARTICLE – 33 : OWNER’S CLAIM

33.01 The OWNER shall have a lien on and over all materials of every description, tools, tackles, plant, equipment or any money due and / or that may become due and payable to the CONTRACTOR either

under the Agreement or any other contract and / or also on and over deposits including the security

amount or amounts made under the Agreement and / or any other contract and which may become

repayable to the CONTRACTOR under the conditions or that behalf herein or therein contained, for or in respect of any debt or sum that may become due and payable to the OWNER by the

CONTRACTOR either alone or jointly with another and either under the Agreement or under any

other contract / s or transactions / s of any nature and whatsoever between the OWNER and the CONTRACTOR.

ARTICLE – 34 : SUB-CONTRACTING

34.01 The CONTRACTOR shall not sub-contract the contract work as a whole or a part to a third party for

the performance of the Agreement.

34.02 The CONTRACTOR may sub-contract a portion of the contract work to third parties with the written

approval of the OWNER. The CONTRACTOR shall furnish to the OWNER full particulars about the

proposed sub-contractors and the details of the portion to be sub-contracted while seeking such approval.

34.03 The OWNER shall give approval or shall refuse approval in writing within 30 (thirty) days of request

of such approval along with all supporting details as per Article 34.02.

34.04 Bought-out items including fittings & fixtures, appliances, proprietary items etc. which are to be

procured from specialised manufactures / supplier and which the CONTRACTOR intends to

incorporate in the contract work shall also come within the purview of the provisions under Article 34.02. Specifications, makes, models etc., if not already specified in the technical specifications shall

be subject to approval of the ENGINEER / OWNER.

34.05 The approval extended by the OWNER to sub-contractors recommended by the CONTRACTOR

shall not discharge the latter from his obligations. The CONTRACTOR shall remain solely liable for

any action, deficiency, and / or negligence on the part of his sub-contractors, including the

specifications not being met with and the quality of work not being maintained by the sub-contractors.

34.06 The OWNER may request the CONTRACTOR to submit unpriced copies of relevant specifications

included in all orders placed on sub-contractors.

34.07 In the event certain obligations extended by a sub-contractor to the CONTRACTOR should extend

beyond the maintenance guarantee period specified in the Agreement, the OWNER shall

automatically be entitled to benefit thereof.

34.08 In no event shall the OWNER be deemed to have contract obligation whatsoever in respect of

CONTRACTOR’s, sub-contractors and / or Title Holders of any sub-holders placed by him.

ARTICLE – 35 : PASSAGE OF PROPERTY AND RISK

35.01 Subject to provisions under Articles 3, 23 and 36, the property and risk of the contract work shall pass

on to the OWNER upon issuance of the completion certificate.

35.02 This Article shall not in any way adversely affect or derogate against the CONTRACTOR’s

obligations to provide to the OWNER contract work completed in all respects.

ARTICLE – 36 : SAFETY AND SECURITY

36.01 The CONTRACTOR shall adopt adequate safety measure and use protective clothing for all workmen at site whether or not engaged in actual execution of work or supervision thereof. The

CONTRACTOR shall ensure that the workmen on site use safety belts, gloves, helmets, masks etc. as

necessary for their safety.

36.02 The CONTRACTOR shall be responsible for safety arrangements of all equipment used in connection

with the execution of the work and shall ensure employment of only trained operators to man the

equipment. Only tested equipment, tools, wires, ropes etc. shall be used and shall periodically be tested to the satisfaction of the OWNER. All test certificates shall be made available to the OWNER

at site as and when required by him.

36.03 The CONTRACTOR shall, in connection with the execution of the work, ensure provision and maintenance of lights, guards, fencing with gates, watch & ward when and where necessary or

required by the OWNER or by any duly constituted authority for the protection of the work and / or

for the safety and convenience of the public or others.

36.04 The CONTRACTOR shall take adequate safety precautions for prevention of accidents at site.

The CONTRACTOR shall also ensure that their employees / workmen observe the statutory safety rules and regulations as also those laid down by the OWNER from time to time.

36.05 The CONTRACTOR shall provide at his cost necessary watch and ward force as may be required by

the OWNER to ensure security and safety of all buildings, structures, equipment and materials under

their custody at the site of work.

36.06 The CONTRACTOR shall abide by all security regulations at site promulgated by the OWNER from

time to time. The CONTRACTOR shall provide identity badges to their personnel and workmen

which must be properly displayed by them on their person.

36.07 In order to facilitate issue of gate passes by the OWNER for materials and equipment either during

execution or the maintenance period, the CONTRACTOR shall submit to the OWNER list of construction / erection equipment, etc., and / or other materials that shall be taken by them inside the

site from time to time. Such movement of materials, equipment, tools, tackles etc., shall be subject to

certification by the OWNER / ENGINEER.

36.08 The CONTRACTOR and his personnel / workmen shall be subjected to security check by OWNER’s

own security force for the overall protection of the Project.

36.09 The CONTRACTOR shall not allow any visitor on the works except with the written permission of

the OWNER.

36.10 From commencement to completion of work, the CONTRACTOR shall take full responsibility for the

care of the work, construction plant and equipment and all temporary works and in case of any

damage or loss to the work, construction plant and equipment or to any temporary work from any

cause whatsoever the CONTRACTOR shall, at his own cost replace or repair and make good the same.

ARTICLE – 37 : ACCIDENT OR INJURY TO WORKMEN

37.01 The CONTRACTOR shall be solely liable for any accident or injury to any of the personnel engaged

by him or by his sub-contractors in connection with the Contract work.

37.02 The OWNER shall not be liable for any damage or compensations payable by law in respect of or in

consequence of any accident or injury to any personnel in the employment of the CONTRACTOR or

his sub-contractor and the CONTRACTOR shall indemnify and hold harmless the OWNER against all such claims, damages, compensations and proceedings.

37.03 The CONTRACTOR or his sub-contractor shall forthwith report to the OWNER all cases of accidents to any of their personnel / workmen and shall make every arrangement to render all possible

assistance and aid to the victim of the accident.

ARTICLE – 38 : DEDUCTIONS FROM CONTRACT PRICE

38.01 The CONTRACTOR shall reimburse to the OWNER all costs, charges, damages or expenses which

the OWNER may have paid or to which the OWNER may be entitled and to the extent to which the CONTRACTOR is obliged under the Agreement to do so within 30 (thirty) days upon written request

of the OWNER, failing which such costs, charges, damages or expenses shall be deducted by the

OWNER from any money due or becoming due by him to the CONTRACTOR under this Agreement.

38.02 Whenever any claim(s) for payment of sum of money arise(s) out of or under this Contract against the

CONTRACTOR, the CONTRACTOR shall, on written demand make the payment of the same or

agree for effecting adjustment from any amounts due to him by the OWNER. If, however, he refuses or neglects to make the payment on written demand, or does not agree for effecting adjustment from

any amounts due to him, OWNER shall be entitled to withhold an amount not exceeding the amount

of the claim(s), from any sum when due or which at any time thereafter may become due to the

CONTRACTOR, under this or any other contract with the OWNER or from any other sum due to the

CONTRACTOR from the OWNER (which may be available with the OWNER) or from the

CONTRACTOR’s security deposit or security bond amount, and retain the same by way of lien till such time payment is made by the CONTRACTOR or till the claim(s) is / are settled or adjudicated

upon, or till the CONTRACTOR, at his expense furnishes “Fixed Deposit Receipt(s)” duly endorsed

as directed by the Accepting Officer, or a Guarantee Bond from a scheduled bank for an amount equal to the amount of the claim(s), in the form as directed by the Accepting Officer.

38.03 OWNER reserve the right to carry out post payment audit and technical examination of the works and Final Bill, including all supporting vouchers, abstracts etc. OWNER further reserve the right to carry

out the aforesaid examinations and enforced recovery when detected, notwithstanding the fact that the

amount of the final bill may have been included by one of the parties as an item of dispute before an

arbitrator appointed under the arbitration clause of the contract and notwithstanding the fact that the amount of the final bill figures in the arbitrator’s award.

38.04 If, as a result of such audit and technical examination, any over payment is discovered in respect of the work done under this contract, the CONTRACTOR shall, on written demand make payment of a

sum equal to the amount of over payment or agree for effecting necessary adjustment from any

amount(s) due to him by OWNER. If however, he refuses or neglects to make the payment on demand(s) or does not agree for effecting adjustment from any amount(s) due to him, OWNER shall

be entitled to take action as per Article 38.02.

38.05 All notices under these conditions shall be given by the Accepting Officer.

ARTICLE – 39 : COMPLIANCE WITH STATUTORY AND OTHER REGULATIONS

39.01 The CONTRACTOR shall, throughout the performance of the Agreement comply with all Central or

State Statutes, Ordinance or Laws and the Rules, Regulations, or Bye-Laws of any local or other duly

constituted authority having jurisdictions over the contract work or any part of the site.

39.02 The CONTRACTOR shall give all notices and pay all fees and taxes required to be given or paid

under any Central or State Statues Ordinance or other Laws or any Regulations or Bye-Laws of any

local or other constituted authority in relation to the contract work.

39.03 The CONTRACTOR shall get himself registered with the concerned authorities as provided under

various applicable Acts and shall be directly responsible to such authorities for compliance with the provision thereof.

39.04 By way of illustration of various Acts as stated under Article 40.01, the following Acts as amended

from time to time shall be complied with by the CONTRACTOR :-

(i) Employee’s Provident Fund Act 1952

(ii) Contract Labour Act (Regulations and Abolition 1970) (iii) Minimum Wages Act 1948

(iv) Payment of Wages Act 1936

(v) Workmen Compensation Act 1923 (vi) Factories Act 1948

(vii) Apprenticeship Act 1961

39.05 The CONTRACTOR shall ensure that no child labour is employed or permitted to work in any activity covered under the Agreement.

39.06 The CONTRACTOR shall submit periodical (daily/weekly/monthly/quarterly) statements of labour employed by him in the proforma prescribed by the OWNER.

39.07 The CONTRACTOR’s establishment shall be subjected to inspection, investigation etc., by the

OWNER / ENGINEER for ensuring proper and faithful compliance of the provisions of the Agreement by the CONTRACTOR with regard to the implementation of labour laws and matters

stated in this Article.

39.08 The CONTRACTOR shall provide, at his cost, to all staff and workmen directly or indirectly

employed on the works all amenities for securing proper working and living conditions at the site and

at the labour camp. The CONTRACTOR shall also provide medical facilities at the site as per rules in force in relation to the strength of their staff and workmen deployed at site.

ARTICLE - 40 : INDEMNITY

40.01 Notwithstanding all reasonable and proper precautions being taken by the CONTRACTOR at all

items during the performance of the contract work, the CONTRACTOR shall remain wholly

responsible for all damages, whether to the contract work executed by him or to any other

OWNRER’s property or to the lives, persons or property of others during progress of the contract

work and the period of maintenance thereof and shall indemnify, defend and hold harmless the

OWNER, ENGINEER or their employees against all claims, loss, demands, proceedings, charges and

expenses, liability for personal injury (including death), and / or damage to property incurred by

reasons of any act or omission or default by the CONTRACTOR, his sub-contractors, agents, servants

or employees and arising out of or connected with the performance of this Agreement.

40.02 The CONTRACTOR shall also indemnify and hold harmless the OWNER, ENGINEER or their

employees from all liability, claims, costs, expenses, taxes and assessments, including penalties,

punitive damages, attorney’s fees and court costs which are or may be required with respect to any

beach of the CONTRACTOR’s obligations or for which the CONTRACTOR has assumed

responsibility including those imposed by Statutes, Ordinances, Laws, Rules, Regulations or Bye-laws

or in respect of salaries, wages or other compensations of all persons employed by the

CONTRACTOR or his sub-contractors or suppliers in connection with the performance of any work

covered by the Contract.

40.03 The CONTRACTOR shall execute and deliver and shall cause his subcontractors and suppliers to

execute and deliver such other further instruments and to comply with such requirements of such

Statutes, Ordinances, Laws, Rules, Regulations or Bye-laws as may be necessary thereunder to

confirm and effectuate the Agreement and to protect the OWNER, the ENGINEER or their

employees.

40.04 Notwithstanding anything hereinbefore contained, the OWNER shall not accept any liability for the

CONTRACTOR, his sub-contractors, agents, servants or employees or any of them or for their / his

property while on the premises or in service of, or used for / on behalf of the OWNER by any person.

ARTICLE – 41 : PATENT

41.01 The CONTRACTOR shall indemnify and hold harmless the OWNER and ENGINEER against all

actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any

infringement of patent, trade mark, registered design, copy rights and / or other protected rights in

respect of any construction plant, machinery, work or material used for or in connection with the

contract work or temporary work or any of them whether or not the OWNER is held liable for by any

court judgment.

ARTICLE - 42 : PRESERVATION OF PEACE

42.01 The CONTRACTOR shall take adequate precautions and use his best endeavours to prevent any

riotous of any unlawful behaviour by or amongst his workmen and / or others employed by him and

for the preservation of peace and protection of the inhabitants and security of property at or in the

neighbourhood of the site.

42.02 In the event of the OWNER requiring the maintenance of a special Police force at or in the vicinity of

site during the tenure of the contact in consequence of the riotous or unlawful behaviour by or

amongst the CONTRACTOR’s workmen and / or others employed by him, all expenses thereof, and costs of all damages due to such riotous or unlawful behaviour shall be borne by the CONTRACTOR

and if paid by the OWNER, shall be recovered by the OWNER from him from any money due or that

may become due to him.

ARTICLE - 43 : OPERATION

43.01 The Agreement shall be operated on behalf of the OWNER by such agency as may be determined by

the OWNER and the CONTRACTOR shall deal with such agency directly.

43.02 The OWNER reserves the right to call for clarifications and interact with the CONTRACTOR on technical and functional aspects of any part of the work at his discretion.

ARTICLE – 44 : SECRECY

44.01 All maps, plans, drawings, specifications, schemes and the subject matter contained therein and all other information given to the CONTRACTOR by the OWNER / ENGINEER in connection with the

performance of the contract work shall be held confidential by the CONTRACTOR and shall remain

the property of the OWNER and shall not be used or disclosed to third parties by the CONTRACTOR

for any purpose other than for which they have been supplied or prepared. The CONTRACTOR may disclose to third parties, upon execution of secrecy agreements, such part of the drawings,

specifications or information if such disclosure is necessary for the performance of the contract work

after the approval of the OWNER.

44.02 On completion of the work or upon termination of the Agreement, the CONTRACTOR shall return to

the OWNER all drawings and documents received by him from the OWNER / ENGINEER. The CONTRACTOR shall ensure that neither the CONTRACTOR nor any of his officials and employees

or any other persons shall have possession or access to ay copy thereof.

44.03 The CONTRACTOR shall ensure that all persons employed on any work connected with this Agreement have notice that the Indian Official Secret Act 1923 (XIX of 1923) applies to them and

continue to apply even after the termination or expiry of the Agreement. This condition shall also

apply to his sub-contractors. An undertaking to this effect is to be submitted by the CONTRACTOR to the OWNER before commencement of the Contract.

ARTICLE - 45 : SUSPENSION & TERMINATION

45.01 The OWNER may suspend the work in whole or in part at any time by giving the CONTRACTOR

notice in writing to such effect stating the nature, the effective date and duration of such suspension.

45.02 On receiving the notice of suspension, the CONTRACTOR shall stop all such work which the

OWNER has directed to be suspended with immediate effect. The CONTRACTOR shall continue to

perform other works in terms of the Agreement which the OWNER has not suspended.

45.03 The OWNER, may at any time, cancel the suspension notice for all or any part of suspended work by

giving written notice to the CONTRACOTOR specifying the part of work to be resumed and the

effective date of withdrawal of suspension. The CONTRACTOR shall resume the suspended work as expeditiously as possible after receipt of such withdrawal of suspension notice.

45.04 In the event, such suspension exceeds a period of three months the OWNER and the CONTRACTOR shall consult each other to determine the extent of claims or compensation due each other on account

of such suspension provided however that if the suspension has been due to inclement weather, unsafe

working condition and non-conformance to specifications, continued violations by the CONTRACTOR of ENGINEER’s/OWNER’s instructions and such other causes for which the

CONTRACTOR is responsible, then no compensation shall be payable by the OWNER.

45.05 If the CONTRACTOR violates the Agreement or shall neglect to execute the work with due diligence

or expedition or shall refuse or neglect to comply with any reasonable directions, instructions or

orders given to him in writing by the OWNER / ENGINEER in connection with the work or shall contravence or breach any provisions of the Agreement, the OWNER may give notice in writing to

the CONTRACTOR to make good the failure, neglect or contravention complained of or cure that

breach within a period of 30 (thirty) days of receiving such notice and in default of the compliance with the said notice, the OWNER without prejudice to his rights as below may rescind or terminate

the Agreement stating therein the effective date of termination, holding the CONTRACTOR liable for

the damages that the OWNER may sustain in this behalf.

45.06 Should the CONTRACTOR fail to comply with such notice within the period stipulated in Article -

45.05 in the case of failure, neglect or contravention capable of being made good within that time or

otherwise within such time as may be reasonably necessary for making good, the same then and in such case without prejudice to the OWNER’s right under Article – 45.05 here to, the OWNER shall

have the option and be at liberty to take the work wholly or in part out of the CONTRACTOR’s hands

and may complete the work envisaged in the agreement either directly or may recontract with any other person / persons to execute the same or any part thereof and provide other materials, tools,

tackle or labour for the purpose of completing the work or any part thereof.

45.07 In such event the OWNER shall, without being responsible to the CONTRACTOR for fair, wear and

tear of the same, be entitled to seize and take possession and have free use of all materials, tools,

tackle or other things which may be on the site for use at any time in connection with the work to the

exclusion of any right of the CONTRACTOR over the same, and the OWNER shall be entitled to retain and apply any balance sum which may otherwise be then due on the Agreement by him to the

CONTRACTOR on such part thereof as may be necessary, to the payment of the cost of execution of

such work as aforesaid.

45.08 If the cost of executing the work as aforesaid shall exceed due to the CONTRACTOR and the

CONTRACTOR fails to make good the deficit, the said materials, tools, tackle, construction plant or

other things, the property of the CONTRACTOR as may not have been used up in the completion of the works, may be sold by the OWNER and the proceeds applied towards the payment of such

difference and the cost of and incidental to such sale. Any outstanding balance existing after

crediting the proceeds of such sale shall be paid by the CONTRACTOR on the certificate of the OWNER, but when all expenses, costs and charges incurred in the completion of the work are paid for

by the CONTRACTOR, all such materials, tools, tackle, construction, plant or other things not used in

the completion of the works and remaining unsold shall be removed by the CONTRACTOR.

45.09 The OWNER, without prejudice to his rights as stipulated under Article 45.06 to 45.08, shall also

have the option to consult with the CONTRACTOR to arrive at a fair solution in determining the

claims and payments due to the OWNER arising out of such termination. If no fair solution is reached within 3 (three) months from the effective date of termination then the matter may be referred

to arbitration in terms of Article 47.

ARTICLE - 46 : FORCE MAJEURE

46.01 If either party shall be delayed or impeded in the fulfilment of its obligations under the agreement by reasons of force majeure, such as, act of God, operation of force of nature, act of state, war, civil war,

revolution, rebellion, military or unsurped power, explosion, fire, epidemic, quarantine, floods,

earthquake or other physical disaster, freight embargo, confiscation, expropriation, governmental

orders or restrictions or the like or similar events due to any cause beyond the reasonable control of the party affected and which such party could not have reasonably foreseen and guarded against and

which by exercise of reasonable care and diligence, such party is unable to prevent, then any delay

directly arising therefrom shall constitute an excusable delay provided :-

i) It is established that any of such event has occurred adversely affecting the party concerned and

the continued performance of this Agreement without any contributory negligence or default on

their part.

ii) It is proved that as a result thereof, further performance of the Agreement by such party is

inevitably delayed or impeded.

iii) Such party gives notice to the other party within 10 (ten) days from the occurrence of such event

giving sufficient details of such event and proof of its effect on the performance of the Agreement on the part of such party, and time for the performance of that part of the obligation

of the party concerned which so delayed or impeded shall be extended by a period or periods

equal to the durations of such delay provided that the other party shall not be required to perform the corresponding part of its obligations under this Agreement.

46.02 If the duration of the delays or impediments due to such continuing force majeure events exceeds a period of 6 (six) months, the party shall consult each other to find an amicable solution to problems

created by such delays or impediments.

46.03 In the event that parties are unable to resolve such problems to their mutual satisfaction within 3 (three) months of the first consultation under Article 46.02 either party shall have the right exercisable

of such 30 (thirty) days after the expiration of such 3 (three) months by serving on the other 30 (thirty)

days written notice to terminate the Agreement wholly or partly. Depending upon the nature and consequence of the force majeure. Article 46 shall take effect to the extent applicable, provided that

neither party shall have any claim for damages or compensation against the other in respect of any

such delay or impediment or as a result of any acts or action taken by any of the parties.

46.04 This article shall not effect or alter the rights and liabilities of the parties which have already accrued

by virtue of or in consequence to the obligations already performed.

ARTICLE – 47 : ARBITRATION

47.01 Any dispute, disagreement or question arising out of or relating to or in consequence of the Agreement or relating to its construction or performance which cannot be settled amicably shall, from

the date either party informs the other in writing that such dispute or disagreement existing and

requests in such notice to refer the matter to arbitration, shall be submitted to arbitration for final

settlement.

47.02 Within 30 days of the said notice, Director (Civil Works & Estates), DRDO shall nominate a panel of

3 names from among the serving officers of the Ministry of Defence. The CONTRACTOR shall choose any one of the three persons to Act as the Sole Arbitrator.

47.03 The award of the arbitrator shall be final binding on both the parties.

47.04 The arbitration award shall, in addition to dealing with the merits of the case, decide which of the

parties shall bear the cost of arbitration or in what proportion the cost shall be borne by the parties.

47.05 The parties shall continue to perform their obligations under the Agreement during the arbitration

proceedings and no payment due to or payable by the OWNER subject to provision of Article - 38

shall be withheld or delayed except as regards any particular obligation or any particular payment which itself is or forms a direct part of the subject matter of the arbitration proceedings.

47.06 In the event of the arbitrator resigning or becoming incapable or unable to act, the Authority appointing him shall appoint another in place of the outgoing arbitrator and arbitrator proceedings

shall continue as if such arbitrator had been originally nominated.

47.07 The arbitrator shall be deemed to have entered on the reference made on the date he issues notices to both the parties asking them to submit to him their statement of the case and pleading on defence.

47.08 The arbitrator may, from time to time, with the consent of the parties enlarge the time upto but not exceeding one year from the date of entering on reference for making the award.

47.09 The arbitrator may proceed with the arbitration exparte if either party, inspite of notice from the

arbitrator, fails to take part in the proceedings.

47.10 The venue (s) of arbitration shall be fixed by the arbitrator at his sole discretion.

47.11 Subject to aforesaid, the provision of the Arbitration Act, 1940, or any statutory amendment,

modification, or re-enactment thereof and the rules made thereunder and for the time being in force

shall apply to the arbitration proceedings.

ARTICLE - 48 : LIQUIDATION/TERMINATION

48.01 If the CONTRACTOR commences to be wound up, not being a member’s voluntary winding up for

the purpose of amalgamation or reconstruction, or carries on his business under a receiver for the

benefits of his creditor the OWNER shall be at liberty to :

i) Give such receiver the liquidator or other person the option of carryout the performance under the

Agreement, subject to the receiver, liquidator or other person providing a guarantee up to an

amount to be agreed upon by the OWNER and such receiver liquidator or other person for the due and faithful performance of the CONTRACOTOR’s obligations under this agreement, or

ii) If the receiver, liquidator or other person fails within 30 (thirty) days to exercise one option to carry out performance of the Agreement then the OWNER may terminate the Agreement and

give notice in writing to the CONTRACTOR or to the receiver, liquidator or to any person in

whom the Agreement may have become vested.

48.02 Termination of contract : Without prejudice to any of the rights or remedies under this contract, if the

contractor dies, the Accepting Officer shall have the option of terminating the contract without

compensation to the CONTRACTOR.

ARTICLE - 49 : EFFECTIVE DATE OF AGREEMENT

49.01 The agreement shall become effective from the date of issue of letter of intent by the OWNER.

ARTICLE - 50 : ANNEXURES TO THE AGREEMENT

50.01 Following Annexures shall constitute an integral part of the Agreement :

Annexure – I : Invitation to Tender, Draft Agreement, General Conditions & Special Conditions of

Contract as well as correspondence, if any.

Annexure – II : Scope of works, completion milestones, construction programme, manpower and

equipment mobilisation.

Annexure – III : Schedule of items, Bill of Quantities and List of Drawings.

Annexure – IV : Tender drawings.

Annexure – V : Technical Specifications.

50.02 If annexure other than as specified under Article 50.01 above as referred to elsewhere in the

Agreement, such Annexures shall also form integral part of the Agreement.

ARTICLE - 51 : ENTIRE AGREEMENT

51.01 The terms & conditions herein contained including tender documents, shall constitute the entire

agreement and understanding between the parties hereto and shall supersede all other communications

which were made prior to the signature of the Agreement, whether written or oral, between parties hereto with respect to the subject matter hereof.

ARTICLE - 52 : AMENDMENT TO AGREEMENT

52.01 Any amendment to the terms of the Agreement shall be made in writing by both parties hereto and

shall specially state it is an amendment to the agreement.

ARTICLE - 53 : WAIVER

53.01 Non-enforcement by either party of any of the provisions on the Agreement shall not operate or constitute as a waiver of the provision itself or any subsequent breach thereof.

53.02 The validity of the agreement shall not be affected should one or more of its stipulations to be or become legally invalid and such stipulation is severable from and not fundamental to the obligations

of either party to the Agreement. In such a case, the party shall negotiate in good faith to replace the

invalid clause by an agreed stipulation which is in accordance with the applicable law and which shall

be as close as possible to the parties original intent.

ARTICLE - 54 : ASSIGNMENT

54.01 The CONTRACTOR shall not assign his rights and obligations under the terms to the Agreement to

any party other than its legal successor without the written consent of the OWNER.

ARTICLE - 55 : COPIES

55.01 The Agreement shall be executed in triplicate. The original and triplicate shall be retained by the

OWNER and duplicate, by the CONTRACTOR.

ARTICLE - 56 : STAMP DUTY

56.01 Stamp duty payable in respect of this agreement shall be borne and paid by the CONTRACTOR.

ARTICLE - 57 : NOTICES

57.01 All notices under this Agreement shall be given in writing and shall be deemed sufficiently given

when delivered either manually or by telegraph, telex or by registered mail addressed to the other

party. Communication shall be made to the OWNER with a copy to the ENGINEER. The communication shall be made to the CONTRACTOR at his registered office with a copy to the

ENGINEER.

57.02 If any notice is delivered by hand, it shall be duly acknowledge and if given by telegram, telex or

verbally, it shall be confirmed by letter within 7 (seven) days of the date of such notice. Either party

shall by notice in writing inform the other party of any change of address as stated under Article – 57.01 for receiving such notices.

57.03 The date of communication and notices under Article – 57.01 shall be the date of receipt of such

original communication and notice by the receiving party.

AMENDMENT NO. 1

GENERAL CONDITIONS OF CONTRACTS

1. Reference No. Admin/87116/DWP/RD-28/1957/D(R&D) dated 28 May 1999 (Appendix ‘E’ to RDCE –

WP – 1999).

(a) Article 9.05 :-

For : The CONTRACTOR shall ensure provision of Anti-termite and Water Proofing treatment

for the foundations/basement/roof work and other Specified works, as detailed in BOQ through

specialized agencies with a Warranty period of 05 (Five) years. Certificate to this effect shall be

submitted to the OWNER by the CONTRACTOR.

Read : The contractor shall ensure provision of antitermite and water proofing treatment for

foundations/basement/sunken portion/roof work and other specified work as detailed in BOQ through specialized agencies as approved by the OWNER. These work shall carry a warranty of 05

(Five) years from completion of contract and issue of completion certificate in this regard. Final

payment against antitermite and water proofing work shall be released on production of Bank Guarantee Bond for equal value of final payment due against these works valid for a period of 05

(Five) years from issue of completion. Alternatively agency may choose to submit Standing

Bank Guarantee Bond valid for 5 (Five) years for Rs.100.00 lakhs against these works. Any

defect noticed during this period shall be rectified within 30 days of written intimation by the OWNER failing which the rectification shall be carried out by the OWNER out of the Bank

Guarantee amount. The Bank Guarantee Bonds shall be released on expiry of warrant period and

satisfactory completion of rectification of defects and on issuance of final “Acceptance Certificate” for these items by the OWNER.

(b) Article 23.01 :-

For :Maintenance Guarantee period will be 12 months from the actual date of

Completion and handing over to the OWNER.

Read : Maintenance Guarantee period will be 24 (Twenty Four) months from the actual date of

completion and handing over to the OWNER.

Signature of Contractor

Date :

AMENDMENT NO. 2

GENERAL CONDITIONS OF CONTRACTS AS APPLICABLE TO R&D CONSTRUCTION

ESTABLISHMENT ( Appendix- ‘E’ to Govt. of India MOD Letter No. Admin/87116/DWP/28-

28/1957/D (R&D) dated 28 May 1999

1. Delete Clause 5.01 (i) of General Conditions of Contracts and substitute

(i) (a) 10% (ten percent) of contract price as Mobilization Advance within 2 (two) weeks after the

effective date of Agreement or the date of deposit of Initial Security, whichever is later against a

Bank Guarantee from schedule bank for 110% amount of advance in the format prescribed by

OWNER, valid up to issue of “Completion Certificate” by the OWNER. The value of Bank

Guarantee shall be progressively reduced to the extent of outstanding Mobilization to be

adjusted/recovered. Any outstanding Bank Guarantee Bond shall be released when the entire work

is completed as per the agreement and on issuance of “Completion Certificate by the Engineer”.

(b) Mobilization Advance shall be paid in 2 (two) or more instalments to be decided by the

OWNER, each instalment will not be more than 50% of the total admissible Mobilization Advance.

Subsequently instalments of advance shall be released by the OWNER only after satisfying himself

for appropriate utilization of previous advances.

(c) Mobilization Advance will bear simple interest of 10% (ten percent) per annum and shall

be calculated on the outstanding amount of advance from the date of advance to the date of recovery

both date inclusive.


Date :

AMENDMENT NO. 3

GENERAL CONDITIONS OF CONTRACT

1. Reference Amendment No. 1 issued to General Conditions of Contract vide this office letter no.

DCWE/11/C-32997/133 dated 12 Oct 2010.

2. The following amendments are further issued to the amendment no. 1 to General Conditions of

Contract :-

(a) Article 9.05 :-

For : The CONTRACTOR shall ensure provision of Anti-termite and Water Proofing treatment

for the foundations/basement/sunken portion/roof work and other Specified works, as detailed in

BOQ through specialized agencies as approved by the OWNER. These work shall carry warranty period of 05 (Five) years from completion of contract and issue of completion Certificate in this regard.

Final payment against antitermite and water proofing work shall be released on production of Bank

Guarantee Bond for equal value of final payment due against these works valid for a period of 05 (Five) years form issue of completion. Alternatively agency may choose to submit standing Bank Guarantee

Bond valid for 05 (Five) years for 100.00 lakhs against these works. Any defect noticed during this

period shall be rectified within 30 days of written intimation by the OWNER failing which the

rectification shall be carried out by the OWNER out of the Bank Guarantee amount. The Bank Guarantee Bonds shall be released on expiry of warranty period and satisfactory completion of

rectification of defects and on issuance of final “Acceptance Certificate” for these items by the owner.

Read : The contractor shall ensure provision of antitermite and water proofing treatment for

foundations/basement/sunken portion/roof work and other specified work as detailed in BOQ

through specialized agencies as approved by the OWNER. These work shall carry a warranty of 05

(Five) years from completion of contract and issue of completion certificate in this regard. Final payment against antitermite and water proofing work shall be released on production of Bank

Guarantee Bond/FDR for equal value of final payment due against these works valid for a period of

05 (Five) years from issue of completion. Alternatively agency may choose to submit Standing Bank Guarantee Bond/FDR for the following values.

Agencies prequalified for work Value of Bank Guarantee

Bond / FDR

(i) Upto Rs. 50.00 lakhs Rs. 10.00 lakhs

(ii) Rs. 50.00 to Rs. 120.00 lakhs Rs. 20.00 lakhs

(iii) Rs. 120.00 lakhs to Rs. 500.00 lakhs Rs. 50.00 lakhs

(iv) Rs. 500.00 lakhs Rs. 100.00 lakhs

Any defect noticed during this period shall be rectified within 30 days of written intimation by the

OWNER failing which the rectification shall be carried out by the OWNER out of Bank Guarantee/FDR

amount. The Bank Guarantee Bonds/FDR shall be released on expiry of warranty period and satisfactory completion of rectification of defects and on issuance of final “Acceptance Certificate” for

these items by the owner.


Date :

AMENDMENT NO. 4


1. Refer Amendment No.4 issued to General Conditions of Contract vide DCWE letter

No. DCWE/11/C-32997/133 dated 17 May 2012.

2. The following amendments are further issued to the General Conditions of Contract :-

(a) Article 12.01 (ii) :-

For : Where the nature of item is such that the rate for the same cannot be derived as per ARTICLE-

12.01(i), then the rate shall be established based on the market rates and taking into account 20% (Twenty percent) over cost of labour and materials to cover supervision, overheads and profits. The

norms followed by CPWD or MES, as may be approved by the ENGINEER with the concurrence of

the OWNER regarding labour and material content, shall be adopted for this purpose.

Read : Where the nature of item is such that the rate for the same cannot be derived as per

ARTICLE-12.01(i), then the rate shall be established based on the market rates and taking into account 15% (Fifteen percent) over cost of labour and materials to cover supervision, overheads and

profits. The norms followed by CPWD or MES, as may be approved by the ENGINEER with the

concurrence of the OWNER regarding labour and material content, shall be adopted for this purpose.


Date :

AMENDMENT NO. 5


1. Refer Amendment No.5 issued to General Conditions of Contract vide DCWE letter

No. DCWE/04/C-32997/133 dated 14 Aug 2013.


(a) Article 3.04 :-

For : The CONTRACTOR shall not be allowed any extension of completion time except in the

following cases :

(i) Force Majeure : The extension of completion time shall be as per Article-46.

(ii) Major changes or substantial addition to the work ordered by the OWNER adversely affecting the completion time.

(iii) Delay in handing over the site, etc.

Read: The CONTRACTOR shall not be allowed any extension of completion time except in the

following cases :

(i) Force Majeure : The extension of completion time shall be as per Article-46, or

(ii) Major changes or substantial addition to the work ordered by the OWNER adversely affecting the completion time, or

(iii) Delay in handing over the site, etc, or

(iv) Abnormally bad weather, or

(v) Civil commotion, local commotion of workmen, strike or lockout, affecting any of the trade employed on the work, or

(vi) Delay on part of other contractor or tradesmen engaged by engineer in charge in

executing works not forming part of the contract, or

(vii) Non availability of stores, which are the responsibility of Government to Supply, or

(viii) Non availability of stores, which are the responsibility of Government to Supply, or

(ix) Any other cause which, in the absolute discretion of the Engineer in Charge is Beyond the contractor’s control.

In case of conditions from (ii) to (ix) Extension of time shall be as per decision of

the OWNER.

(a) Article 4.03 :-

For : Item rates as stated under schedule of items / rates shall be firm and fixed and

binding on the CONTRACTOR during the period of this Agreement irrespective of

any variations of quantities stated therein up to +/- 20% variations of contract price. For variations beyond 20% (twenty percent) of contract price, applicable items rates

shall be mutually discussed and agreed. The item rates on above shall not be subject

to any variations on any account whatsoever, whether statutory or otherwise.

Read : Item rates as stated under schedule of items / rates shall be firm and fixed

and binding on the CONTRACTOR during the period of this Agreement irrespective

or any variations of quantities stated therein up to +/- 20% variations of contract price. For variations beyond 20% (twenty percent) of contract price, applicable items

rates shall be derived based on prevailing market rates and taking into account 15%

(Fifteen percent) over cost of labour and materials to cover supervision, over-heads and profits. The norms followed by CPWD, may be approved by the ENGINEER

with the concurrence of the OWNER regarding labour and material content, shall be

adopted for this purpose. The item rates on above shall not be subject to any variations on any account whatsoever, whether statutory or otherwise. However,

under no circumstances the rate of deviated quantity will exceed the rate give in

agreements.

(b) ARTICLE 50 – ANNEXURE 1

For : “Tenderer shall not resile from his technical, commercial and price offer. Should the tenderer resile from his tender in any manner whatsoever the tender

submitted by him shall be liable to rejection. Tenderer shall be allowed to revise his

offer only if specifically so requested by the owner”

Read : “The tender for the work shall remain open for acceptance for a period of

Ninety (90) days from the date of opening of tenders/Ninety (90) days from the date

of opening of financial bid in case tenders are invited on 2/3 bid system. If any tenderer withdraws his tender before the said period or issue of letter of acceptance,

whichever is earlier, or makes any modifications in the terms and conditions of the

tender which are not acceptable to the department, then the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the

Earnest Money. Further the tenderer shall not be allowed to participate in the

retendering process of the work.

However, the tenderer shall be allowed to revise his offer only if required by tender

appraisal committee / tender standing committee based on the negotiations in order to give

rebate on overall tender or on specific items (s)”.


Date :

AMENDMENT NO. 6

AMENDMENT TO APPENDIX – ‘E’ TO RDCE-WP-1999 GENERAL CONDITION OF CONTRACT

(ARTICLE 5.01 & 5.03) VIDE GOVT. OF INDIA, MINISTRY OF DEFENCE LETTER NO.

ADMIN/87116/DWP/RD-28/2032/D(R&D) DATED 17 OCTOBER 2017.


(a) Article 5.01 (i) :-

For : In respect of Civil Works subject to any deduction which the OWNER may be

authorized to make under the Agreement, the CONTRACTOR shall receive payment from the

OWNER as follows :

i) 10% (Ten percent) of the Contract price as Interest free mobilization advance within

02 (Two) weeks after the effective date of Agreement, or date of deposit of initial security,

whichever is later against a Bank Guarantee for an equal amount in the format prescribed by

the OWNER, valid upto issue of “Completion Certificate” by the OWNER. The value of

Bank Guarantee shall be progressively reduced to the extent of outstanding Mobilization

Advance to be adjusted / recovered. Any outstanding Bank Guarantee Bond shall be released

when the entire work is completed as per the Agreement and on issuance of “Completion

Certificate” by the ENGINEER.

Read : In respect of Civil Works subject to any deduction which the OWNER may be authorized to make under the agreement, the CONTRACTOR shall receive payment from the

OWNER as follows :

i) (a) 10% (ten percent) of the contract price as Mobilization Advance within 2 (two)

weeks after the effective date of Agreement, or the date of deposit of initial security,

whichever is later against a Bank Guarantee from scheduled bank for 110% amount of

advance in the format prescribed by the OWNER, valid up to issue of “Completion

Certificate” by the OWNER. The value of Bank Guarantee shall be progressively reduced to

the extent of outstanding Mobilization to be adjusted / recovered. Any outstanding Bank

Guarantee Bond shall be released when the entire work is completed as per the Agreement

and on issuance of “Completion Certificate” by the ENGINEER.

(b) Mobilization advance shall be paid in 2 (Two) or more installments to be decided by

the OWNER. Each installment will not be more than 50% of the total admissible Mobilization Advance. Subsequent installments of advance shall be released by the OWNER

only after satisfying himself for appropriate utilization of previous advances, if necessary /

feasible, based on indicative documentary proof of expenditure incurred on material /

equipment and / or on quantum of work initiated on ground

(c) Mobilization Advance will bear simple interest of 10% (Ten percent) per annum and shall be calculated on the outstanding amount of advance from the date of advance to the date

of recovery, both days inclusive.

(b) Article 5.03 :-

For : In respect of E&M Works subject to any deduction which the OWNER may be

authorised to make under the agreement, the CONTRACTOR shall receive payment from the OWNER as follows :-

(i) 10% (Ten percent) of the contract price as down payment against submission of Bank

Guarantee Bond for an equal amount valid till the date of completion. Bank Guarantee Bond submitted against down payment shall be released when the entire work is completed and on

issuance of Completion Certificate.

(ii) 10% (Ten percent) of the Contract Price against submission and approval of

Engineering drawings & details.

(iii) 50% (Fifty percent) of the Contract Price against delivery of all materials and

equipments at site.

(iv) 15% (Fifteen percent) of the Contract Price against erection and commissioning on

pro-rata basis.

(v) Balance 15% (Fifteen percent) of the Contract Price on completion of the entire work

and testing and handling over to the OWNER against submission of performance Bank

Guarantee Bond for 5% of the completion cost, valid for a period of 12 months from the date

of completion of work.

The performance Bank Guarantee Bond held for 5% of the completion cost shall be in

addition to the initial security deposit of 2.5% (Two and a half percent) and shall be released on expiry of maintenance period after satisfactory conduct of performances test and

completion of rectifications if any and issuance of “Final Acceptance Certificate” by the

OWNER and submission of “No Claim Certificate” by the CONTRACTOR.

Read : In respect of E&M Works subject to any deduction which the OWNER may be

authorized to make under the agreement, the CONTRACTOR shall receive payment from the

OWNER as follows :-

(i) (a) 10% (Ten Percent) of the Contract price as mobilization advance with 2 (Two)

weeks after the effective date of agreement or date of deposit of initial security, whichever is later against a Bank Guarantee from scheduled bank for 110% amount of advance in format

prescribed by the owner, valid upto issue of “Completion Certificate” by the OWNER. Any

outstanding Bank Guarantee Bond shall be released when the entire work is completed as per

the Agreement and on issuance of “Completion Certificate” by the ENGINEER.

(b) Mobilization advance shall be paid in 2 (Two) or more installments to be decided by

the OWNER. Each installment will not be more than 50% of the total admissible Mobilization Advance. Subsequent installments of advance shall be released by the OWNER only after

satisfying himself for appropriate utilization of previous advances, if necessary / feasible,

based on indicative documentary proof of expenditure incurred on material / equipment

and / or on quantum of work initiated on ground

(c) Mobilization Advance will bear simple interest of 10% (Ten Percent) per annum and

shall be calculated on the outstanding amount of advance from the date of recovery, both days inclusive.

(ii) 60% (Sixty percent) of the Contract price or value of material (as per paid voucher) whichever is less, against delivery of all materials and equipments at site on sufficient

documentary proof and on certification by the Engineer and acceptance by the OWNER.

(iii) 15% (Fifteen percent) of the Contract Price against erection and commissioning on

pro-rata basis.

(iv) Balance 15% (Fifteen percent) of the Contract Price on completion of the entire work and testing and handing over to the OWNER against submission of performance Bank

Guarantee Bond for 5% of the completion cost, valid for a period of 24 months from the date

of completion of work.

The performance Bank Guarantee Bond held for 5% of the completion cost shall be in

addition to the initial security deposit of 2.5% (Two and a half percent) and shall be released

on expiry of maintenance period after satisfactory conduct of performances test and completion of rectifications if any and issuance of “Final Acceptance Certificate” by the

owner and submission of “No Claim Certificate” by the CONTRACTOR.

ANNEXURE – III


FOR





PILKHUWA.


DATED 16 Mar 2018

NAME OF WORK: PROVISION OF PROJECT MANAGEMENT

CONSULTANCY (PMC) SERVICES FOR

DRDO SKILL DEVELOPMENT CENTRE

FOR INTEGRATED SAFETY

MANAGEMENT IN FIRE, DISASTER

AND CBRN SITE, PILKHUWA.


DATED 16 Mar 2018


_______________

Sl. No Scope of Work Period of Completion from

Effective date of L. O. I.

_______________

Provision of Project Management Consultancy (PMC) 23 (Twenty Three) Months

Services for DRDO Skill Development Centre for

Integrated Safety Management in Fire, Disaster and CBRN Site, Pilkhuwa

____________

ANNEXURE – IV


FOR





PILKHUWA.


DATED 16 Mar 2018


PROVISION OF PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES FOR

DRDO SKILL DEVELOPMENT CENTRE FOR INTEGRATED SAFETY MANAGEMENT

IN FIRE, DISASTER AND CBRN SITE, PILKHUWA.

1. Planning, scheduling for site preparation & enabling activities including site supervision of

all project sites to include civil, structural and E/M works. The work sites are located in the

following areas of project site:-

(a) CBRN Site, Pilkhuwa

2. Project Planning:

a) Planning and scheduling

i) Planning and co-ordination of all activities including those connected with the

implementation of temporary and permanent works of the project.

ii) Preparation of project schedule in the form of a Master PERT/CPM network, bar

charts, S-curve etc., with the help of computer. Preparation of monthly work schedule

in advance for all works. Forecasting the anticipated delays and suggesting the

corrective measures to prevent slippage of overall / part of the project schedules.

Computer & supplementary accessories/consumable items such as cartridge, paper

will be provided by PMC agency.

iii) Monthly updating of the schedule based on feed back on progress of work.

iv) Preparation of monthly progress reports, identifying the areas where progress of

work is not as per time schedule and suggesting corrective measures for timely

completion of work including preparation of contingent plans.

v) Progress monitoring and quality assurance for all works with feed back and

interaction systems for corrective measures.

vi) Planning, co-ordination, monitoring, supervision and quality assurance connected with

execution of the works.

vii) Planning of complete construction/ erection work including construction materials and

construction equipment.

viii)Issue of monthly construction progress reports and forecasting monthly site work

plan.

b) Budget & cost control

a) Firming up of detailed cost estimates for the purpose of budgetary and cost control.

3. Site activities:

a) Supervision of all site activities viz, civil and structural works as well as E/M to ensure

that work is being executed as per contract, BOQ, drawings and specifications.

b) Inspection and checking of works at various stages and maintaining the records e.g.,

checklists, cards, inspection reports etc., Inspection and checking shall be done as per

BOQ, approved drawings relevant specifications and instructions of Engineer-in-Charge.

c) Suggesting corrective measures for rectification of workmanship and quality of materials

before actual use in construction.

d) Checking out design & arrangement of shuttering, specially for high rise, long span

buildings/ strucatures.

e) Quantity estimation / deviations of various activities for planning purpose.

f) Checking levels and layout of various facilities and keeping records of all levels.

g) Supervision, inspection of structural fabrication works at workshop / yard.

h) System of interaction / meeting among consultant and suppliers / contractors / erectors

including meeting for progress review and monitoring with owner.

i) System of preparation of contingent site work plan, to maintain project completion and

commissioning schedule.

j) Quantity surveying, measurement and recording of measurements.

k) Quality control & certification of work for payment of bills.

l) Recommending for issue of certificates on completion of contractor’s work.

m) Suggesting & monitoring site safety measures.

n) Maintaining records of all quality related tests.

4. Quality Control Measures:

a) Preparation of quality assurance plan, monitoring and supervision for conducting field

and lab test of materials and works.

b) Maintaining records of all quality related tests.

c) Monitoring and supervision for conducting sample test at site lab and other approved lab

for approval of sample of various construction materials.

d) Monitoring and supervision for conducting testing & commissioning of various

equipments at site.

e) Physical inspection of all construction materials before use in terms of quality and

quantity. Monitoring and supervision carrying out necessary tests for acceptance.

5. PSMB, RPMBs, Road Register, PRBs, & Fan & Meter Register and As Built

Drawings:

Assisting in preparation of completion / as Built Drawings, reproducible, RPMBs,

PSMBs and Road Register, Circuit and layout of water supply lines, power lines, fire fighting,

lightening protection, earthing and earth pits, AC plan layout and road layout, inventory of

building fittings & fixtures, Inventory of electrical fittings & fixtures, Record of E/M

installation (Water supply, Electric supply & Air-conditioning Plants, Motors & Pumps etc).

E/M Plant Record Book, Electric fan and meter Register. Electrical wiring test sheet, Record

of earthing test. Testing of lightening conductors, Electric Bulb & Tube Account, Street light

record etc. as applicable.

ANNEXURE – V


FOR





PILKHUWA.


DATED 16 Mar 2018


1. Providing of following technical persons :-

S. No. Designation of manpower Education Qualification / Experience No.

of

person

(a) Asstt Engineer (Civil) - B.E (Civil) Minimum 05 (Five) years

Or

Diploma (Civil) 15 years experience

1

(b) Junior Engineer (Civil) - Diploma (Civil) Minimum 04 (Four) years

experience

2

(c) Junior Engineer (E & M) - Diploma (Electrical/Mechanical) Minimum 05

(Five) years experience

1

Note - The AE Civil, JE (Civil) and JE (E/M) who have obtained degree/diploma from a

recognised Central Govt. / State Govt. and AICTE approved Pvt. Engineering Colleges / State

Govt. Certified Institutions for 3 years Diploma will only be eligible for PMC.

1. Employment of Engineers (Manpower) will be with prior approval of Engineer-in-Charge

and Verification of Essential Qualification and Experience of work with Central Govt. / State Govt. /

PSU to be done before engaging manpower at site.

2. Engineers to be employed / engaged with approval of Engineer-in-Charge during the duration

of Project Management Consultancy.

3. Agency to provide reliever / replacement in case of absence of engineer at site.

Cover - II

ANNEXURE – VI

BILL OF QUANTITIES

FOR





PILKHUWA.


DATED 16 Mar 2018