भारत सरकार Government of India 

परमाण ुऊजार् िवभाग Department of Atomic Energy 

परमाण ुखिनज अन्वेषण एवं अनसुंधान िनदेशालय Atomic Minerals Directorate for Exploration and Research 

 

कायर् का नाम NAME OF WORK

झारखंड के िसंहभूम िजलेके बानाडंुगरी-गाराडीह के्षऽमें कोर िसिलंग कायर्

CORE DRILLING IN BANADUNGRI-GARADIHA AREA, SINGHBHUM DISTRICT JHARKHAND

NIT NO. AMD/CD/ER/STB/CORE/2012-13, DATE: 24.01.2013

TENDER NO. AMD/CD/ER/BANA-GRDH/CORE/2012-13

हैदराबादü Hyderabad

जनवरी, January, 2013 ,

भाग - I : तकनीकी बोली PART – I : TECHNICAL BID

िनिवदा दःतावेज TENDER DOCUMENT

भारत सरकार Government of India 

परमाण ुऊजार् िवभाग Department of Atomic Energy 

परमाण ुखिनज अन्वेषण एवं अनसुंधान िनदेशालय Atomic Minerals Directorate for Exploration and Research 

िनिवदा बमांक :

Tender Serial No :

:

िनिवदा िकसे बेचा गया Tender Sold to

: M/s. ______________________________________

िदनांकú/Date :

ूािधकृत अिधकारी के हःताक्षर Signature of the Authorized Officer

िटप्पणी/ NOTE:

िहंदी और अंमेजी पाठों में कोई अतंर या अःपष्टता के मामले में, अंमेजी पाठ मान्य होगा । In case of difference or ambiguity in Hindi and English versions, the English version will prevail.

,

अणुबमिणका INDEX

संिक्षप्त िनिवदा सचूना BRIEF TENDER NOTICE

i

िनिवदा आमऽंण सचूना NOTICE INVITING TENDER ii

महत्वपूणर् िविनदेर्शन, सूचना एवं पाऽता शतेर् IMPORTANT SPECIFICATIONS, INFORMATION AND ELIGIBILITY CONDITIONS

iii

िनिवदाकारों के िलए सामान्य अनदेुश GENERAL GUIDELINES FOR THE TENDERERS vii

चेक िलःट CHECKLIST

x

अनलुग्नक - I (ःवािमत्वाधीन िरगों का िववरण) ANNEXURE-I (Description of rigs under possession)

xi

अनलुग्नक - II (कायर् अनभुव का िववरण) ANNEXURE-II (Details of work experience)

xii

अनलुग्नक - III (बोलीकतार् द्वारा अंडरटेिकंग) ANNEXURE-III (Undertaking by the bidder) xiii

ःथल िनरीक्षण ूमाण-पऽ SITE VISIT CONFIRMATION CERTIFICATE xiv

भाग SECTION

I

:

कायर् के िलए मद दर िनिवदा ITEM RATE TENDER FOR WORK

1

भाग SECTION

II

:

ठेकेदारों द्वारा मागर्दशर्न हेत ुसामान्य िनयम व िनदेर्श GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

3

भाग SECTION

III

:

ठेके के शतेर् CONDITIONS OF CONTRACT

5

भाग SECTION

IV

:

सरंक्षा संिहता SAFETY CODE

27

भाग SECTION

V

:

ठेके के अितिरक्त शतेर् ADDITIONAL CONDITIONS OF CONTRACT

31

भाग SECTION

VI

:

कायर् के िलए िविनदेर्शन SPECIFICATIONS FOR WORK

34

:

ःथान मानिचऽ LOCATION MAP

36

i

Government of India Atomic Minerals Directorate for Exploration & Research

No.1-10-153-156, AMD Complex, Begumpet, Hyderabad – 500016 NIT NO. AMD/CD/ER/STB/CORE/2012-13 DATE: 24.01.2013

BRIEF TENDER NOTICE

The Director, (AMD), Begumpet, Hyderabad invites on behalf of the President of India, sealed

tenders in two parts (TECHNICAL and COMMERCIAL) from eligible Core Drilling contractors, for the following Core Drilling works in the areas of West Bengal and Jharkhand.

1) Sale of Tenders : 30.01.2013 to 14.02.2013 on working days only up to 1600 hrs 2) Dates for Site visit : 30.01.2013 to 14.02.2013 (Please note that site visit is mandatory)

Cost of Tender documents: ` 1000/- for each item of work (Postal charges ` 100/- extra) non-refundable. For further details and eligibility criteria, please refer to the Notice Inviting Tender and “Important specifications, information and eligibility conditions” and “General guidelines for the tenderers” available in AMD’s website http://www.amd.gov.in. The Tender Documents will also be available for downloading from the website from 30.01.2013 to 14.02.2013 For any clarification please contact on 040-27767592/27776335, 09440553308.

Item No.

TENDER NO. & SCOPE OF WORK

Estimated job Value (In Lakhs

INR)

Earnest Money

(In INR)

Last Date of

Submission

Date and Time of Opening Of Part I

Period of completion

in Months

1

AMD/CD/ER/BLDH-BNPR/CORE/ 2012-13 5,000 m core drilling in Beldih-Bhawanipur areas, Purulia District, West Bengal with boreholes of depth varying from 170 to 350 metres

133.00 Lakhs 2,66,000/-

19.02.2013 Up to

1300 hrs

19.02.2013 at

1500 hrs

08 (Eight)

2

AMD/CD/ER/BANA-GRDH/CORE/ 2012-13 5,000 m core drilling in Banadungri-Garadiha area in Singhbhum District, Jharkhand with boreholes of depth varying from 125 to 300 metres

122.00 Lakhs 2,44,000/-

19.02.2013 Up to

1300 hrs

19.02.2013 at

1530 hrs

08 (Eight)

ii

Government of India Atomic Minerals Directorate for Exploration & Research

No.1-10-153-156, AMD Complex, Begumpet, Hyderabad – 500016

NIT NO. AMD/CD/ER/STB/CORE/2012-13 DATE: 24.01.2013

NOTICE INVITING TENDER

The Director, (AMD), Begumpet, Hyderabad invites on behalf of the President of India, sealed tenders in two parts (TECHNICAL and COMMERCIAL) from eligible Core Drilling contractors, for the following Core Drilling works in the areas of West Bengal and Jharkhand.

Eligibility criteria (Proof should be submitted for all) a) Availability of minimum Core Drillings rigs of required capacity:

i) 3 Core drilling rigs of the capacity to drill up to 350 metres for item (1) ii) 3 Core drilling rigs of the capacity to drill up to 300 metres for item (2)

b) Experience in core drilling for mineral/geo-technical exploration work. c) Experience of successfully completed works during the last seven (7) years : Three similar

completed works costing not less than 25% of estimated cost (or) Two similar completed works costing not less than 40% of estimated cost (or) one similar completed work costing not less than 60% of estimated cost. Similar works means Core Drilling works only.

d) Solvency Certificate of a Nationalized Bank/Scheduled Bank for minimum amount equal to 25% of estimated cost. The Solvency certificate should not be older than one year on last date of receipt of tender.

e) Average annual financial turnover in the last three financial years ending 31st March, 2012 should be at least 30% of estimated cost.

Availability of Tender Documents: a) Parties should fulfill the eligibility criteria mentioned in “Important specifications, information and

eligibility conditions” available along with NIT in AMD’s website for issue of Tender Documents. b) Tender Documents can be obtained in person or by post from Head, Drilling Group, AMD Complex,

Begumpet, Hyderabad 500016, (Phone No: 040-27767592/27776335) on any working day from 30.01.2013 to 14.02.2013 submitting Documentary evidence in support of the eligibility criteria and tender document cost of ` 1000/- for each item of work separately (Postal charges ` 100/- extra) by non-refundable crossed demand draft, drawn on any nationalized/scheduled bank in favour of the Pay & Accounts Officer, AMD/DAE payable at SECUNDERABAD. Cheques/Bank Guarantees/Postal Orders will not be accepted. For downloaded tenders, Cost of tender and documentary evidence in support of eligibility criteria should be submitted along with the Technical Bid.

c) The tenderers are advised to see the “Important specifications, information and eligibility conditions” available along with NIT in AMD’s website http://www.amd.gov.in. The Tender Documents will also be available for downloading from the website from 30.01.2013 to 14.02.2013.

Item No.

TENDER NO. & SCOPE OF WORK

Estimated job Value (In Lakhs

INR)

Earnest Money

(In INR)

Last Date of

Submission

Date and Time of Opening Of Part I

Period of completion

in Months

1

AMD/CD/ER/BLDH-BNPR/CORE/ 2012-13 5,000 m core drilling in Beldih-Bhawanipur areas, Purulia District, West Bengal with boreholes of depth varying from 170 to 350 metres

133.00 Lakhs 2,66,000/-

19.02.2013 Up to

1300 hrs

19.02.2013 at

1500 hrs

08 (Eight)

2

AMD/CD/ER/BANA-GRDH/CORE/ 2012-13 5,000 m core drilling in Banadungri-Garadiha area in Singhbhum District, Jharkhand with boreholes of depth varying from 125 to 300 metres

122.00 Lakhs

2,44,000/- 19.02.2013

Up to 1300 hrs

19.02.2013 at

1530 hrs

08 (Eight)

iii

IMPORTANT SPECIFICATIONS, INFORMATION AND ELIGIBILITY CONDITIONS

For Item (1): Tender No : AMD/CD/ER/BLDH-BNPR/CORE/2012-13

1 Scope of Work : 5,000 m core drilling in Beldih-Bhawanipur areas, Purulia District, West Bengal

with boreholes of depth varying from 170 to 350 metres

2 Type of Drilling: Core Drilling

3 Size of the boreholes: Combination of H/N/B size (96.00mm/75.70mm/60.00mm bore hole diameter approximately).

4 Depth of the boreholes: In the range of 170 to 350 metres. The above depth range of boreholes is approximate only. Depending on the requirement and site conditions, marginal variations may occur.

5 Inclination of the borehole: Inclined (500)

6 Deviation limits for borehole Angle for both the items of work a) Deviation in borehole Angle of maximum 20 for each 100 metres of depth will be allowed in each borehole. Therefore, the contractors are advised to take all precautions to drill the boreholes within these limits. b) Periodical deviation test will be arranged by the Resident Geologist.

7 Formations to be drilled: Highly altered, brecciated/friable quartz-apatite (phosphate) rocks and ferruginous kaolinite rocks.

8 Number of Rigs to be deployed : 3 Core drilling rigs of capacity to drill 350 metres or more. Bidders should possess rigs of required capacity as mentioned above to be eligible for consideration. The details of rigs possessed by the party along with documentary proof indicating the capacity should be given in table as per Annexure-I.

9 Location of Drilling areas: The Proposed area is 13 km East of Balrampur on Adra-Chandil railway section of SER and can be approached from Tatanagar (Jharkhand) and Purulia (West Bengal) by NH/SH. Beldih area falls in Survey of India Toposheet No.73 I/8. Drilling area falls under private cultivated lands as well as Government revenue land and is free of reserve forest.

10 Site conditions: The proposed area falls under private cultivated land. Vegetation in the area is sparse.The area is well connected with rural roads/PMGSY. Topography is plain country with highly cultivated land. Camping site may be available in government and private land.

11 Site Visit: Site visit is mandatory: Before submitting the bids, the contractors should visit the area to understand the topography and to ascertain the logistic supports and facilities available or to be generated for carrying out drilling operations. Bids of the contractors, who have not visited the site, will be rejected outright and no correspondence will be entertained. The bidders should obtain a certificate from the representative of the Regional Director, Eastern Region, AMD, Jamshedpur and enclose it along with the technical bid.

iv

Dates for site visit: A representative of the department will be available at the areas from 30.01.2013 to 14.02.2013. Bidders are advised to plan the site visit preferably on these dates. Contact Person(s): The bidders may contact the following officer(s) of AMD for any clarifications and for visiting the areas.

1. Dr. Joydip Sen, SO-F, AMD Camp: Rangadih, H/o Shri Benugopal Goswami, Bidhan Colony, P.O.: Rangadih, Purulia District, West Bengal - 723143. Mobile No: +91 9470199419.

or 2. Sri N.R.R. Ecka, SO-D, AMD Camp: Rangadih, H/o Shri Benugopal Goswami, Bidhan

Colony, P.O.: Rangadih, Purulia District, West Bengal - 723143. Mobile No: +91 9933409995.

or The bidders can also contact Regional Director, Eastern Region, AMD Complex, Khasmahal, Jamshedpur-831002. Phone No. 0657-2299807, 0657-2299806, Fax: 0657-2297689, Email: rder.amd@gov.in

12 Eligibility criteria (Proof should be submitted for all) a) Availability of minimum Core Drillings rigs of required capacity: 3 Core drilling rigs of the

capacity to drill 350 metres or more. b) Experience in core drilling for mineral/geo-technical exploration work. c) Experience of successfully completed works during the last seven (7) years : Three

similar completed works costing not less than 25% of estimated cost (or) Two similar completed works costing not less than 40% of estimated cost (or) one similar completed work costing not less than 60% of estimated cost. Similar works means Core Drilling works only. The value of executed works shall be brought to the current costing level by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to date of opening of tenders.

NOTE : In case of Geotechnical works, the exact quantum of core drilling, depth range of bore holes and value of work carried out should be indicated in the work orders/completion certificates attached.

d) Solvency Certificate of a Nationalized Bank/Scheduled Bank for minimum amount equal to 25% of estimated cost. The Solvency certificate should not be older than one year on last date of receipt of tender. e) Average annual financial turnover in the last three financial years ending 31st March, 2012

should be at least 30% of estimated cost.

v

IMPORTANT SPECIFICATIONS, INFORMATION AND ELIGIBILITY CONDITIONS

For Item (2): Tender No : AMD/CD/ER/BANA-GRDH/CORE/2012-13

1 Scope of work : 5,000 m core drilling in Banadungri-Garadiha area in Singhbhum District, Jharkhand with boreholes of depth varying from 125 to 300 metres

2 Type of Drilling: Core Drilling

3 Size of the boreholes: Combination of H/N/B size (96.00mm/75.70mm/60.00mm bore hole diameter approximately).

4 Depth of the boreholes: In the range of 125 to 300 metres. The above depth range of boreholes is approximate only. Depending on the requirement and site conditions, marginal variations may occur.

5 Inclination of the borehole: Vertical

6 Deviation limits for borehole Angle for both the items of work a) Deviation in borehole Angle of maximum 20 for each 100 metres of depth will be allowed in each borehole. Therefore, the contractors are advised to take all precautions to drill the boreholes within these limits. b) Periodical deviation test will be arranged by the Resident Geologist.

7 Formations to be drilled: Quartz-chlorite-sericite-schist & Silicified chlorite schist with lot of quartz lenticles.

8 Number of Rigs to be deployed: 3 Core drilling rigs of capacity to drill 300 metres or more. Bidders should possess rigs of required capacity as mentioned above to be eligible for consideration. The details of rigs possessed by the party along with documentary proof indicating the capacity should be given in table as per Annexure-I.

9 Location of Drilling areas: Proposed drilling area is located 20 km South-East of Tatanagar Railway station connected with Tatanagar – Rakha metalled road via Sunder Nagar. Nearest major rail head is Tatanagar (20 km), where all the basic amenities are available. Drilling area falls under private cultivated lands as well as Government revenue land and is free of reserve forest.

10 Site conditions: The proposed area is free of reserved forest and falls under private cultivated land. Vegetation in the area is sparse.The area is well connected with rural roads. Topography is plain country with cultivated land. Camping site may be available in government and private land.

11 Site Visit: Site visit is mandatory: Before submitting the bids, the contractors should visit the area to understand the topography and to ascertain the logistic supports and facilities available or to be generated for carrying out drilling operations. Bids of the contractors, who have not visited the site, will be rejected outright and no correspondence will be entertained. The bidders should obtain a certificate from the representative of the Regional Director, Eastern Region, AMD, Jamshedpur and enclose it along with the technical bid.

vi

Dates for site visit: A representative of the department will be available at the areas from 30.01.2013 to 14.02.2013. Bidders are advised to plan the site visit preferably on these dates. Contact Person(s): The bidders may contact the following officer(s) of AMD for any clarifications and for visiting the areas.

1. Sri B.Saravanan, In-Charge, Singhbhum Shear Zone Investigations, AMD, Eastern Region, Khasmahal, Jamshedpur - 831002 Fax : 0657-2297689; Mo. +91 8987571606

or 2. Sri J.K.Patnaik, SO-F, AMD, Eastern Region, Khasmahal, Jamshedpur - 831002

Fax : 0657-2297689; Mo.-+91 9470199487 or The bidders can also contact Regional Director, Eastern Region, AMD Complex, Khasmahal, Jamshedpur-831002. Phone No. 0657-2299807, 0657-2299806, Fax: 0657-2297689, Email: rder.amd@gov.in

Eligibility criteria (Proof should be submitted for all) a) Availability of minimum Core Drillings rigs of required capacity: 3 Core drilling rigs of the capacity to drill 300 metres or more. b) Experience in core drilling for mineral/geo-technical exploration work. c) Experience of successfully completed works during the last seven (7) years : Three

similar completed works costing not less than 25% of estimated cost (or) Two similar completed works costing not less than 40% of estimated cost (or) one similar completed work costing not less than 60% of estimated cost. Similar works means Core Drilling works only. The value of executed works shall be brought to the current costing level by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to date of opening of tenders. NOTE : In case of Geotechnical works, the exact quantum of core drilling, depth range of bore holes and value of work carried out should be indicated in the work orders/completion certificates attached.

d) Solvency Certificate of a Nationalized Bank/Scheduled Bank for minimum amount equal to 25% of estimated cost. The Solvency certificate should not be older than one year on last date of receipt of tender. e) Average annual financial turnover in the last three financial years ending 31st March, 2012 should be at least 30% of estimated cost.

vii

GENERAL GUIDELINES FOR THE TENDERERS

1 Issue of Tender Documents: Only those applicants submitting documentary evidence in support of the eligibility criteria will be issued tender documents. In case of tender documents downloaded from website, documentary evidence in support of eligibility criteria and cost of tender documents should be submitted along with the tender failing which the tender is liable to be rejected. However, issue of tender documents will not automatically mean that the tenderers are considered qualified. Notwithstanding anything stated above, the Director, AMD reserves the right to relax or enhance the qualifications, if so, required. The bidders should submit the following information along with the bid.

I. Details of rigs possessed as per the table in Annexure- I II. Experience details for the last 7 years in the format given in Annexure-II. Copies of (i) Work

order (ii) Satisfactory completion certificate indicating no of rigs deployed, scheduled date of start and completion and actual date of completion and gross value of job completed issued by the client for whom the work was carried out should be attached. The value of executed works shall be brought to the current costing level by enhancing the actual value of work at simple rate of 7 % per annum, calculated from the date of completion to date of opening of tenders.

NOTE : In case of Geotechnical works, the exact quantum of core drilling, depth range of bore holes and value of work carried out should be indicated in the work orders/completion certificates attached.

III. An undertaking as per the format given in Annexure –III IV. Site visit Certificate V. Copy of Service Tax Registration Certificate

2 Cost of Tender Document: Cost of Tender Document is ` 1000/- for each item of work separately

(Postal charges ` 100/- extra). The cost of Tender Documents shall be payable by crossed demand draft (non-refundable), drawn on any nationalized/scheduled bank in favour of the Pay & Accounts Officer, AMD/DAE payable at SECUNDERABAD. Cheques/Bank Guarantees and Postal Orders will not be accepted. Cost of Tender Document is to be submitted in a separate envelope along with Part-I of the tender in case of downloaded Tender Documents.

3 Joint Venture: Two or more companies/contractors may enter into a joint partnership and the lead contractor may submit the bid(s). Joint venture agreement duly notarized should be submitted along with the bid. However, the lead partner alone should possess the solvency and average annual turnover required to meet the eligibility criteria as stipulated in NIT. The solvency and average annual turnover of other partners will not be considered for evaluating the bid.

4 Combined eligibility: In case a party quotes for more than one work, the second and subsequent bid of the same party will be considered only, if they fulfill the combined eligibility criteria in respect of availability of rigs, solvency, annual turnover, work experience etc., for all the works quoted. In such case the combined bid capacity will be evaluated and considered as follows taking into account the total credentials required for all the works during techno commercial evaluation.

I. Price Bids will be opened as per the serial number indicated in the scope of work of NIT. II. Price bids of the work under serial no. 1 will be opened first and L1 will be selected. In case

the selected L1 bidder of the first work is also a bidder in the second or consecutive works, his price bid will be opened only if he qualifies the combined eligibility criteria for all the works quoted.

In case L1 bidder of the first work does not fulfill the combined eligibility criteria for the second or consecutive works, his price bid for the second work or consecutive works will not be opened.

viii

5 Submission of Earnest Money Deposit (EMD)

(a) EMD should be deposited in the form of crossed Demand Draft, drawn on any nationalized/scheduled bank in favor of The Pay & Accounts Officer, AMD/DAE payable at SECUNDERABAD.

(b) Cheque, Bank Guarantees and Postal Orders will not be accepted towards EMD. (c) EMD should be enclosed in a separate envelop along with Part – I (Technical bid). (d) The tenders without Earnest Money Deposit in the prescribed manner are liable to be

rejected.

6 General Instructions for Submission of Tender: Bids should be submitted in sealed covers in the following manner.

(a) The tenders shall be in two parts viz. Part–I (i.e. Technical bid) and Part–II (i.e. Commercial bid). Part–I shall contain the documents in support of Cost of Tender Document (in case of downloaded tenders), EMD, the details of technical qualifications, competence of the tenderer supported by certificates as required vide eligibility criteria for issue of tender documents specified in the NIT.

(b) The part – II shall be the commercial bid containing the schedule of quantities issued along with tender documents, duly filled in by the tenderer along with commercial terms if any.

(c) Part–I and Part–II bids shall be in separate sealed covers, duly super scribing on the covers with the details of bid i.e. “NIT No., Tender no, Name of the work, Part–I/Part–II, Name of the tenderer, due date of opening of the tender” etc. Both the sealed covers should be kept in a common sealed cover duly super scribing the details of the bid.

(d) No bid shall be considered unless accompanied by the Earnest Money and non-refundable Tender Document cost (in case of downloaded Tender Documents)

7 Receipt of Bids: A Tender drop Box will be provided at the security gate of our office at AMD Complex, 1-10-153/156, Begumpet, Hyderabad-500 016, (AP), INDIA for depositing the tenders. The Tender drop box will be sealed at 1300 hrs on the last date of submission. Alternatively, tenders sent by post will be received by the Head, Drilling Group on any working day up to 1600 hrs. and up to 1300 hrs on the last date of submission shown in NIT. Tenders sent by post should be addressed only to Head, Drilling Group, AMD Complex, Begumpet, Hyderabad 500016, (Phone No: 040-27767592/27776335).

8 Opening of Bids: Part-I i.e. Technical bids of the tenders will be opened on the dates and time mentioned in NIT at AMD Complex, 1-10-153/156, Begumpet, Hyderabad-500 016, (AP), INDIA. Commercial bids of only those tenderers found technically suitable by a Committee of experts constituted by AMD will be opened and evaluated for award of work. Date and time of opening of the commercial bid will be intimated later to the short-listed tenderers.

9 Quoted rates should be written both in figures and words. The rate should be inclusive of Service Tax and any other Central/State taxes and duties.

10 Sales-tax/VAT (except service tax), purchase tax, turnover tax or any other tax applicable in respect of this contract shall be payable by the Contractor and Government will not entertain any claim whatsoever in respect of the same. However, in respect of service tax, same shall be paid by the contractor to the concerned department on demand and it will be reimbursed to him after satisfying that it has been actually and genuinely paid by the contractor.

11 All corrections should be authenticated / signed.

12 Tenders with any conditions, including conditional rebate(s) shall be rejected. However, tenders with unconditional rebate will be accepted.

13 Validity : Validity of the offer should be for a minimum of 180 days from the date of opening of part-I of the tender. In case validity period is not mentioned in the offer, the tender is deemed to be valid for 180 days from the date of opening of part-I of the tender.

ix

14

The Atomic Minerals Directorate for Exploration & Research (AMD) is not under any obligation to accept the lowest Bid/Bids and reserves the right to reject any or all the bids without assigning any reason what-so-ever and also to distribute the work and allot the work/works to more than one Bidder, at its sole discretion.

15

If the office happens to be closed on the date of submission/opening of the bid as specified, the bids will be submitted / opened on the next working day at the same time and venue.

16

The Atomic Minerals Directorate for Exploration & Research (AMD) would not be liable for any delay in submission of bid by a bidder on account of obstruction or delay by any outside element / agency and takes no responsibility for delay, loss or non-receipt of documents sent by post.

17

SPECIAL TERMS & CONDITIONS i) The compensation to the land owners for the drill site and making of approach road/track

should be directly negotiated by the contactor. All such payments shall be borne by the contractor only.

ii) The contractor shall have to abide by the restrictions imposed by the Forest department where the proposed drilling area falls under forest area.

iii) The contractor should be adequately equipped with regard to all drilling inventory such as casing, rods, bits etc. of appropriate requirement.

18 Bidders should provide a valid Email address of the authorized representative of their firm. All correspondence made with the email address (received/sent) will be considered as valid official and authenticated correspondence and binding.

19 All the pages of tender document (Technical and Commercial bids) shall be signed with seal affixed.

x

CHECKLIST OF DOCUMENTS TO BE SUBMITTED

SL. NO.

DESCRIPTION

Tick whichever applicable

YES NO

1. Technical bid signed and seal affixed on all pages (The following documents from Sl.No 2 to Sl No.14 should be enclosed with technical bid)

2. Site visit confirmation certificate

3. Annexure - I duly filled in and signed. Giving proof of ownership and capacity of Drilling rigs

4. List of supporting equipment and machinery owned.

5. List of technical staff.

6. List of boreholes drilled giving the depth, size and formations in each contract.

7.

Annexure – II duly filled in and signed. Experience certificates/testimonials as mentioned above in “Important specifications, information and eligibility conditions” should be enclosed.

8. Annexure – III duly filled in and signed.

9. Minimum Solvency Certificate 25% of the estimated cost

10. Annual turnover in last three years 30% of the estimated cost

11. Demand Draft/Banker’s Cheque towards the cost of Tender document (In case the Tender document has been downloaded from web site)

12. Demand Draft/Banker’s Cheque towards EMD

13. Copy of Service Tax Registration Certificate

14 Authorization Certificate, if required

15 Commercial Bid to be enclosed in separate sealed cover

Place: Date :

Signature of the bidder/ Authorized Representative

xi

ANNEXURE – I DETAILS OF RIGS POSSESSED

Sl.No

Serial No. of the rig

Make & Model Drilling capacity

(In Metre)

Capacity in size

Type of mechanism (Mechanical/Hydrostatic)

Type of application (DTH/Core)

Year of purchase

Present condition

* Present Deployment

* Present Deployment: If the rigs are presently deployed for another work, the details of the work may be indicated in Annexure-II under works-in-Hand. Documentary proof should be submitted for the rigs possessed

Signature of the Bidder

xii

ANNEXURE – II DETAILS OF EXPERIENCE

A. COMPLETED JOBS (DURING LAST SEVEN YEARS)

Sl.No

Name & Address Of The Client

Brief Description of

Work Awarded

Work Order No. & Date

Drilling Quantity Awarded

Completion Time

Value of Work

Start Date

End Date

No. of Rigs

Deployed

No. of Bore Hole

Drilled

Depth Range of The Bore

Holes Drilled

Quantum of

Drilling Work

Executed

Value Of Executed

Work

B. WORKS IN HAND OR AWARDED Sl.No

Name & Address Of The Client with contact

phone numbers

Brief Description

Of Work Awarded

Work Order No. & Date

Drilling Quantity Awarded

Completion Time

Value of Work

Depth Range of bore holes

No. of Rigs

Deployed

Start Date

Quantum Of Work Executed

Value Of Executed

Work

Value Of Balance Work

Expected Date of

Completion

NOTE : In case of Geo technical works, the exact quantum of core drilling and value carried out should be indicated in the work orders/completion certificates attached. Separate page may be enclosed if space is not sufficient. Works in hand means works presently being carried out or awarded Certified that the above list of works is complete and no work has been left-out and the information given is correct to my knowledge and belief.

Signature of Bidder

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ANNEXURE – III UNDERTAKING BY THE BIDDER

I, __________________________Partner/ Legal Attorney/ Accredited

Representative of M/s._____________________________________, solemnly declare that

1. We are submitting bid for Core drilling work in__________________________area,

_____________________ District, State of ___________________ against NIT No.

_______________________________________________Dated ____________,

Tender No._______________________________

2. None of the Partners of our firm is relative of employee of Atomic Minerals

Directorate for Exploration & Research (AMD).

3. All information furnished by us in respect of fulfillment of eligibility criteria and

Qualification information of this Tender is complete, correct and true.

4. All documents/credentials submitted along with this Tender are genuine, authentic,

true and valid.

5. If any information and document submitted is found to be false/incorrect at any

time, AMD may cancel our Bid and action as deemed fit may be taken against us,

including termination of the contract, forfeiture of all dues including Earnest Money

Deposit and banning/de listing of our firm and all partners of our firm etc.

Signature of the Bidder

Date --------------------- Seal

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SITE VISIT CONFIRMATION CERTIFICATE

NIT NO. AMD/CD/ER/STB/CORE/2012-13 DATE: 24.01.2013 *For Item (1): Tender No: AMD/CD/ER/BLDH-BNPR/CORE/2012-13 *For Item (2): Tender No: AMD/CD/ER/BANA-GRDH/CORE/2012-13 * delete whichever is not applicable As per the of above NIT No. AMD/CD/ER/STB/CORE/2012-13, dated 24.01.2013, Tender

No.________________________________________________________________

Sri_________________________representing M/s.______________________________,

_________________________________________________________________________

has visited the proposed drilling area at __________________________ in ____________

District, _____________ on ____________. The proposed borehole locations have been

physically shown and the site conditions, drilling requirements and specifications have been

explained to him.

Signed By

Representative of the Firm

Representative of AMD

Name:

Name & designation:

* Strike out the in applicable.

NOTE : This certificate should be attached with the Technical Bid by the firms

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ITEM RATE TENDER FOR WORK

SECTION-I

I/We hereby tender for the execution for the President of India of that work specified in the under written memorandum within the time specified in such memorandum at the rates specified therein, and in accordance in all respects with the specifications, designs, drawings and instructions in writing hereof and the Clause II of the conditions of the contract and with such materials as are provided for; by and in all other respects in accordance with such conditions so far as applicable.

MEMORANDUM

(a)

General Description (if several sub-works are included they should be detailed in a separate list)

: 5,000 m core drilling in Banadungri-Garadiha area in Singhbhum District, Jharkhand with boreholes of depth varying from 125 to 300 metres mainly in Quartz-chlorite-sericite-schist & Silicified chlorite schist with lot of quartz lenticles.

(b)

Estimated cost

: ` 1,22,00,000/- (Rupees One Crore Twenty two Lakhs)

(c) Earnest Money : ` 2,44,000/- (Rupees Two Lakhs Forty four Thousand only)

(d) Security Deposit (Including ` 2,44,000/- Earnest money)

: a) Security Deposit shall consist of two parts (i) Performance Guarantee to be submitted at award of work, and (ii) Retention Money to be recovered from Running Bills. b) Performance Guarantee should be 5% of estimated cost and should be submitted as Bank Guarantee/Government Securities/FDR or any other form of deposit stipulated by Director, AMD, within 28 days of receipt of Work Order/letter of acceptance. c) Retention Money should be deducted at 10% from Running Bills. Total of Performance Guarantee and Retention Money should not exceed 10% of estimated cost or lesser sum indicated in the bid document. d) 5% Performance Guarantee will be refunded within 14 days of the issue of the satisfactory Completion Certificate. Retention Money will be refunded as per Clause 17 in Section-III of the Tender Document.

e)

Time allowed for completion

: 8 months (from the date of issue of Work Order)

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Should this tender be accepted I/we hereby agree to abide by and fulfill all the terms contained in the pamphlets named “Important specifications, information and eligibility conditions” and “General guidelines for the tenderers”, “Check list”, “Item Rate Tender”, "General Rules and Directions for the guidance of Contractor", "Conditions of Contract", "Safety Code", "Additional Conditions of Contract", "Specifications for work" and "Location Map" contained in Part-I (Technical Bid) and "Schedule of Quantities" contained in Part-II (Commercial Bid) of tender document which has been read by me, read and explained to me so far as applicable, or in default thereof to forfeit and to the President of India or his successors in office the sums of money mentioned in the conditions. Demand Draft or Call Deposit Receipt of Schedule Bank _______________________________________________________ is forwarded herewith for the sum of ` ____________________ as earnest money, the full value of which is to be absolutely forfeited to the President of India or his successors in office, without prejudice to any other or remedies of the said President or his successors in office should I/we fail to commence the work specified in the above memorandum, in accordance with the clause I of the said conditions of the contract otherwise the said sum of ` _________________ shall be retained by the Department of Atomic Energy as an account of such security deposit as aforesaid.

Date the ....................... day of ...................... 2013

Signature of the Contractor

Witness: Signature: Address: Occupation: The above tender is hereby accepted by me on behalf of the President of India. Date the ....................... day of ...................... 2013

Signature of the Officer by whom accepted

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GENERAL RULES AND DIRECTIONS FOR GUIDANCE OF CONTRACTORS

SECTION – II

1. All work proposed for execution by contract has been notified in a form of invitation to tender signed by Director, Atomic Minerals Directorate for Exploration & Research (AMD).

2. This form will state the work to be carried out, as well as the date for submitting and

opening tenders and that time allowed for carrying out the work; also the amount of Earnest Money to be deposited with the tender and the amount of Security Deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from the bills. Copies of the specifications, designs and drawings and any other documents required in connection with the work assigned for the purpose of identification by the Director shall also be open for inspection by the contractors at the office of the Director, AMD during the office hours.

3. In the event of the tender being submitted by a firm, it must be signed separately by

each member thereof, or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power of attorney authorizing him to do so, if so, such power of attorney to be produced with the tender, and it must be disclosed that the firm is duly registered under the Indian Partnership Act.

4. Receipts for payments made on account of work when executed by a firm must also

be signed by the several partners. Except where the contractors are described in their tender as a firm, in which case, the receipts must be signed in the name of the firm by one of the partners or by some other persons having authority to give effectual receipts for the firm.

5. Any person, who submits a tender, shall fill up the prescribed form stating at what

rate he is willing to undertake each item of the work. Tenders, which propose any alteration in the work specified in the said form of invitation of tender or in the time allowed for carrying out the work or which contained any other conditions of any sort will be liable for rejection. No single tender shall include more than one work but contractors who wish to tender for two works shall submit a separate tender for each. Tenders shall have the name and the number of the work, which they refer written outside the envelope.

6. The rate(s) and/or amounts must be quoted in decimal coinage both in words and

figures. The Director, AMD or his duly authorized representative will open tenders in the presence of any intending contractors who may be present at the time and will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money forwarded therewith shall thereupon be given to the contractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents. In the event of a tender being rejected, the earnest money forwarded with such unaccepted tender shall thereupon be returned to him.

7. The officer inviting tenders shall have the right of rejecting all or any of the tenders,

and will not be bound to accept the lowest tender. 8. The Receipt of the accountant or clerk for any money paid by the contractor will not

be considered as an acknowledgement of the payment to the department and the contractor shall be responsible for seeing that he procures a receipt signed by the Accounts Officer or by a duly authorized cashier.

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9. Rates quoted by the contractor in the item rate tender in figures and in words shall be accurately filled in so that there is no discrepancy in the rates written in figures and in words. However, if a discrepancy is found, the rates which correspond to the amount, worked out by the contractor shall be taken as correct.

10. If the amount of an item is not worked out by the contractor or it does not

correspond with the rate written either in figures or in words, then the rate quoted by the contractor in words shall be taken as correct.

11. Where the rate quoted by the contractor in figures and in words tallies, but the

amount is not worked out correctly, the rate quoted by the contractor shall be taken as correct and not the amount.

12. The person or persons whose tender is accepted shall sign an agreement embodying

the conditions of contract thereto attached within seven days after receiving written notice from the Director, AMD or his authorized representative that his tender has been accepted and shall pay for all stamps and legal expenses incidental thereto. In the event of failure by the said tenderer to sign the agreement of contract within seven days mentioned aforesaid, after being called upon to do so by the Director, AMD or his authorized representative, the whole amount of the earnest money deposit shall be forfeited to the Department of Atomic Energy and the transaction effected by the tenderer shall cease and determined.

Signature of the Contractor

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CONDITIONS OF CONTRACT

SECTION – III

DEFINITIONS: 1. The ‘Contract” means the documents forming the tender and acceptance thereof and

the formal agreement executed between the President of India and the Contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings, borehole location maps and instructions, issued from time to time by the Director, AMD or his nominee, and all these documents taken together, shall be deemed to form one contract and shall be complementary to one another.

2. In the Contract, the following expressions shall, unless the context otherwise

requires, have the meanings hereby respectively assigned to them:

a) The expression ‘works’ or ‘work’ shall, unless there be something either in the subject or context repugnant to such construction be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original, altered, substituted or additional.

b) The ‘Site’ shall mean the land and/or other places or into or through which work is to be executed under the contract or any adjacent land, path or street through which work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract.

c) The ‘Contractor’ shall mean the individual or firm or company whether incorporated or not, undertaking the works and shall include the legal personal representative or such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual or firm or company.

d) The ‘President’ means the President of India and his successors.

e) The ‘Director’ means, Director, Atomic Minerals Directorate for Exploration &

Research, Department of Atomic Energy, Government of India, or his nominee.

f) The ‘Government’ or ‘Government of India’, means the President of India.

g) The ‘Contract Price’ means the sum named in the Tender subject to such additions thereto or deductions therefrom as may be under the provisions herein before contained.

h) The ‘Temporary Work’ means all the temporary works of every kind required in or

about the execution, completion and maintenance of the works. Words imparting the singular number shall include the plural number and vice-versa according to the context. CLAUSE 1: SECURITY DEPOSIT

a) Security Deposit shall consist of two parts (i) Performance Guarantee to be submitted at award of work, and (ii) Retention Money to be recovered from Running Bills.

b) Performance Guarantee should be 5% of estimated cost and should be submitted as Bank Guarantee/Government Securities/FDR or any other form

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of deposit stipulated by Director, AMD, within 28 days of receipt of Work Order/letter of acceptance.

c) Retention Money should be deducted at 10% from Running Bills. Total of Performance Guarantee and Retention Money should not exceed 10% of estimated cost or lesser sum indicated in the bid document.

d) 5% Performance Guarantee will be refunded within 14 days of the issue of the satisfactory Completion Certificate. Retention Money will be refunded as per Clause 17 in Section-III of the Tender Document.

CLAUSE 2A : COMPENSATION FOR DELAY The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be deemed to be the essence of the contract on the part of the contractor and shall be reckoned from the 15th day after the day on which the order to commence the work is issued to the contractor. The work shall throughout the stipulated period of the contract be proceeded with all due diligence and the contractor shall pay as compensation an amount equal to 1.5 % or such smaller amount as the Director (whose decision in writing shall be final) may decide on the amount of the estimated cost of the whole work as shown in the tender for every day that the work remains uncommenced or unfinished, after the due dates. To ensure satisfactory progress during execution of the work, the contractor shall submit a detailed phased programme based on the departmental time schedule, so as to complete the whole work within the stipulated time to the Director for approval within 15 days from the date of issue or order to start the work. Such approved phased programme shall form part of the contract and the contractor shall be bound to maintain an interim schedule of programme accordingly. In the event of the contractor failing to comply with this condition, he shall be liable to pay as compensation an amount equal to 1.5 % or such smaller amount as the Director (whose decision in writing shall be final) may decide on the said estimated cost of the whole work for every day that due quantity of the work remains incomplete. Provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed 10 % of the estimated cost of the work as shown in the tender. CLAUSE 2B : BUFFER PERIOD Compensation will be recovered from the contractor if the work is not completed within 20 to 30 days after due date of completion. The buffer period of 20 to 30 days relates to only to the final completion of the work as a whole and does not apply to the interim schedule of progress. In the event of the work being completed beyond the period of 20 to 30 days after the date of completion specified in the tender, the entire period inclusive of the buffer period shall be taken into account for calculating the amount of compensation. Any work likely to be executed after the expiry of period of completion of work, Buffer period and extension of time, shall attract compensation for delay. In the bills submitted after the expiry of allotted time for completion of work, an amount equal to 1.5 % per month of the estimated cost of the work or such smaller amount as Director, AMD (whose decision in writing shall be final) may decide, shall be deducted while passing the bill. Provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed 10% of the estimated cost of the work as shown in the tender

CLAUSE 3: ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED The Director may without prejudice to his right against the contractor in any respect of any delay or inferior workmanship of otherwise or to any claims for damage in

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respect of any breaches of the contract and without prejudice to any rights or remedies under any of the provisions of this contract or otherwise and whether the date for completion has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases:

a) If the contractor having been given by the Director, a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in inefficient or otherwise improper or unworkmanship like manner, shall omit to comply with the requirements of such notice for a period of 7 days thereafter or if the contractor shall delay or suspend the execution of the work so that either in the judgment of the Director (which shall be final and binding) he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by that date.

b) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall rise which entitle the court or creditor to appoint a receiver or a manager, or which entitle the court to make a winding up order.

c) If the contractor commits breach of any of the terms and conditions of this contract.

d) If the contractor commits any acts mentioned in Clause 21 hereon. When the contractor has made himself liable for action under any of the cases aforesaid, the Director, on behalf of President of India, shall have the powers:

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Director shall be conclusive evidence). Upon such determination of rescission, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the Government.

b) To employ labour paid by the Department of Atomic Energy and to supply

materials to carryout the works or any part of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by Director shall be final and conclusive against the contractor) and crediting him with the value of the work done in all respects in the same manner and at the same rates, as if it had been carried out by the contractor under the terms of his contract. The certificate of the Director as to the value of the work done shall be final and the conclusive against the contractor provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor provided also that if the expenses incurred by the Department are less than the amount payable to the contractor at his agreement rates, the differences should not be paid to the contractor.

In the event of any one or more of the above courses being adopted by the Director, the contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any material or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of contract, and in the case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed under, this contract unless and until the Director has certified in writing that the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified.

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CLAUSE 4: CONTRACTORS TO REMAIN LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE 3, POWERS TO TAKE POSSESSION OF OR REQUIRE REMOVAL OF OR SALE CONTRACTOR’S PLANT In any case in which any of the powers conferred upon the Director by clause (3) thereof, shall become exercisable and the same shall be exercised the non-exercise thereof shall not constitute a waiver of the conditions thereof and such powers shall not withstanding be exercisable. In the event of any future case of default by the contractor and the liability of the contractor for the compensation shall remain unaffected. In the event of the Director putting in force all or any of the power(s) vested in him under the preceding clause he may, if he so desires after giving a notice in writing to the contractor take possession of (or at the sole discretion of the Director, which shall be final) use as on hire (the amount of the hire money being also in the final determination of the Director, all or any tools, plant, materials and stores, in or upon the works, or the site thereof belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates, or in the case of these not being applicable at the current market rates to be certified by the Director, whose certificate thereof, shall be final, otherwise the Director, by notice in writing may order the contractor, or his clerk of the works, foreman or other authorized agent to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice) and in the event of the contractor failing to comply with any such requisition, Director may remove them at the contractor’s expenses or sell them by auction or private sale on account of the contractor and at his risk in all respects and the certificate of the Director as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the contractor.

CLAUSE 5 : EXTENSION OF TIME If the contractor shall desire an extension of time for completion of the work on the grounds of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Director within 30 days of the date of hindrance on account of which he desires such extension as aforesaid and the Director shall, if in his opinion (which shall be final) reasonable grounds be shown therefore, authorize such extension of time, if any, as may, in his opinion be necessary or proper. All the work completed after expiry of period of extension of time shall be liable for payment of compensation as defined in clause 2B: Buffer period. CLAUSE 6 : COMPLETION CERTIFICATE Within 20 to 30 days of the completion of the work, the contractor shall give notice of such completion to the Director and within 20 to 30 days (at head-quarters)/thirty days (at sub-stations) of the receipt of such notice, the Director shall inspect the work and if there is no defect in the work, shall furnish to the contractor with a certificate of completion, otherwise a provisional certificate of completion indicating defects (a) to be rectified by the contractor and/or (b) for which payment will be made at reduced rates, shall be issued but no certificate of completion, provisional or otherwise, shall be issued, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/their work people on the site in connection with the execution of the works as shall have been erected or constructed by the contractor(s) and cleaned of parts of any building, in, upon or about which the work is to be executed or of which he may have had possession for the purpose of execution thereof, and not until the work shall have been measured by Director. If the contractor shall fail to comply with the requirements of this to comply with the requirements of this clause as to the removal of scaffolding,

9

surplus materials and rubbish, and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for completion of the work, the Director may at the date fixed for completion of the work at the expense of the contractor remove such scaffolding, rubbish etc. and dispose of the same as he thinks fit and clean off such dirt any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. CLAUSE 7A: BILLS TO BE SUBMITTED MONTHLY A bill shall be submitted by the contractor each month in triplicate duly supported by a joint measurement certificate signed by the representative of the contractor and the representative of Director, AMD on or before the date fixed by the Director, for all works executed in the previous month (for the completed boreholes) and Director or his subordinate shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, as far as admissible, adjusted as far as possible before the expiry of 20 to 30 days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Director may depute within 20 to 30 days of the date fixed as aforesaid, a subordinate to measure up the said work in the presence of the contractor whose countersignature to the measurement list will be sufficient warrant; and the Director may prepare a bill from such list. CLAUSE 7B: CONTRACTOR TO BE GIVEN A WEEK TO FILE OBJECTIONS TO THE MEASUREMENTS RECORDED BY THE DEPARTMENT Before taking any measurement of any work as has been referred to in Clause 6 and 7 hereof, the Director or a subordinate deputed by him shall give reasonable notice to the contractor. If the contractor fails to attend at the measurements after such notice or fails to countersign or to record the difference within a week from the date of measurement in the manner required by the Director or by the subordinate deputed by him, as the case may be, the measurement by the deputed person shall be final and binding on the contractor and the contractor shall have no right to dispute the same. CLAUSE 8A: BILL TO BE ON PRINTED FORMS The contractor shall submit all bills on the printed forms to be had on application at the office of the Director and the changes in the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates herein after provided for such work. CLAUSE 8B: PAYMENT OF CONTRACTOR’S BILLS TO BANK Payments due to the contractor may, if so desired by him, be made to his bank instead of direct to him provided that the contractor furnishes to the Director (1) an authorization in the form of a legally valid document such as power of Attorney conferring authority on the bank to receive payment and (2) his own acceptance of the correctness of the account made out as being due to him by Government before settlement by the Director of the account or claim by payment to the bank. While the receipts given by such bank shall constitute a full and sufficient discharge for the payment, the contractor should, wherever possible present his bills duly receipted and discharged through his bankers. Nothing herein contained shall operate to create in favour of the bank any rights or equities vis-à-vis the President.

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CLAUSE 9A: STORES USED FOR WORK If the specification or schedule of items provides for the use of any special description of materials to be supplied from Director’s stores, or if it is required that the contractor shall use certain stores to be provided by the Director as shown in the schedule of materials hereto annexed, the contractor shall be bound to procure and shall be supplied such materials and stores as are from time to time required to be used by him for the purpose of the contract only and the value of the full quantity of materials and stores so supplied at the rate specified in the said schedule of materials may be set off or deducted from any sums then due or thereafter to become due to the contractor under the contract or otherwise or against from the Security Deposit, or the proceeds of sales thereof, the same is held in Government Securities, the same or a sufficient portion thereof being in the case sold for the purpose. All materials so supplied to the contractor shall remain the absolute property of Government, and shall not be removed on any account from the site of the work, and shall be at all times open to inspection of the Director. Any such materials remaining unused and in perfectly good condition at the time of completion or determination of the contract, shall be returned to the Director at a place directed by him, if by a notice in writing under his hand he shall so require; but the contractor shall not be entitled to return any such materials unless with such consent and shall have no claim for compensation on account of any such materials so supplied to him as aforesaid not being used by him or for any wastage in or damage to any such materials. Provided that the contractor shall in no case be entitled to any compensation or damages on account of any delay in supply or non-supply thereof of all or any such materials and stores. Provided further that the contractor shall be bound to execute the entire work if the materials are supplied by the Government within the scheduled time for completion of the work plus 50% thereof (schedule time + six months if the time of completion exceeds 12 months) but if a part only of the materials has been supplied within the aforesaid period then the contractor shall be bound to do so much of the work as may be possible with the completion of the rest of the work, the contractor shall be entitled to such extension of time which may be determined by the Director whose decision in this regard shall be final. CLAUSE 9B: The Director shall have full powers to require the removal from the premises of all the materials which, in his opinion are not in accordance with the specifications and in case of default the Director is to be at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage, that may happen or arise to such materials. The Director shall also have full powers to require other proper materials to be substituted thereof and in case of default the Director may cause the same to be supplied and all costs which may attend such removal and substitution are to be borne by the Contractor. CLAUSE 9C: The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc., as Government’s property and such materials shall be disposed of to the best advantages of Government according to the instructions in writing issued by the Director. CLAUSE 10A: If during the progress of the works, the price of any materials incorporated in the works (not being a material supplied from the Director’s store in accordance with Clause 9 hereof) and or wages of labour increases as a direct result of the coming into force of any fresh law, or statutory rule of order (but not due to any change in sales tax) and such increase exceeds 10% of the price and/or wages prevailing at the time of receipt of

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the tender for work, and the contractor thereupon necessarily and properly pays in respect of that materials (incorporated in the work such increased price and/or in respect of labour engaged on the execution of the work such increased wages) then the amount of the contract shall accordingly be varied, provided always that any increase so payable is not, in the opinion of the Director (whose decision shall be final and binding) attributable to delay in the execution of the contract within the control of the contractor. Provided, however, no reimbursement shall be made if the increase is not more than 10% of the said prices/wages and if so, the reimbursement shall be made only on the excess over 10% and provided further that any such increase shall not be payable if such increase had become operative after the contract or extended date of completion of the work in question. If during the progress of the work, the price of any materials incorporated in the work (not being a material supplied from the Director’s stores in accordance with clause 9 thereof) and/or wages of labour decreases as direct result of the coming into force of any fresh law, or statutory rule or order but not due to any changes in sales tax/and such decrease exceeds 10% of the price and/or wages prevailing at the time of receipt of the tender for work. Government shall in respect of materials incorporated in the works (not being materials supplied from the Director’s stores in accordance with clause 9 hereof) and/or labour engaged on the execution of the work after the date coming into force of such law, statutory rule or order be entitled to deduct from the dues of the contractor such amount as shall be equivalent to difference between the prices of materials and/or wages as they prevail at the time of receipt of tender for the work, minimum 10% thereof and the price of materials and/or wages of the labour on the coming into force of such law statutory rule or order. The contractor, shall, for the purpose of this condition keep such books of account and other documents as are necessary to show the amount of any decrease claimed or reduction available and shall allow inspection of the same by a duly authorized representative of Government, and further shall, at the request of the Director furnish, verified in such a manner as the Director may require, any documents so kept and such other information as the Director may require. The contractor shall within a reasonable time of his becoming aware of any alteration in the price of any such materials and/or wages of labour, give notice to the Director stating that the same is given pursuant to this condition together with all the information relating thereto which he may be in a position to supply. CLAUSE 10B: If the prices of materials (not BEING materials supplied or service rendered at fixed prices by the department in accordance with Clause 9 hereof) and/or wages of labour required for execution of the work increase, the contractor shall be compensated for such increase as per provisions detailed below and the amount of the contract shall accordingly be varied, subject to the condition that such compensation for escalation in prices shall be available only for the work done during the stipulated period of the contract including such period for which the contract is validly extended under the provisions of Clause 5 of the contract without any action under Clause 2 and also subject to the condition that no such compensation shall be payable for a work for which the stipulated period of completion is 18 months or less. Such compensation for escalation in the prices of the materials, labour and when, due, shall be worked out based on the following provisions: 1) The base date for working out such escalation shall be the last date on which tenders

were stipulated to be received. 2) The cost of work on which escalation will be payable shall be reckoned as 85% of the

cost of work as per the bills, running or final and from this amount, the value of materials applied under clause 9 of this contract shall be deducted before the amount

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of compensation or escalation is worked out. In the case of materials brought to site for which any secured advance is included in the bill, the full value of such materials as assessed by the Regional Director of the concerned region or his nominee (and not the reduced amount for which secured advance has been paid) shall be included in the cost of work done for operation of this clause. Similarly when such materials are incorporated in the work and the secured advance is deducted from the bill, the full assessed value of the materials originally considered for operation of this clause should be deducted from cost of the work shown in the bill, running or final. Further the cost of the work shall not include any work for which payment is made under Clause 12A or 12B at prevailing market rates.

3) The components of materials, labour, P.O.L., etc. shall be predetermined for every work and incorporated in the conditions of contract attached to the tender papers and the decision of the Director, AMD in working out such percentages shall be binding on the contractor.

4) The compensation for escalation for materials and P.O.L. shall be worked out as per

the formulae given below;

a) VM = W x X x (MI-MIO) 100 MIO

VM = Variation in material cost i.e. increase or decrease in the amount

in rupees to be paid or recovered

W = Cost of the work done worked out as indicated in sub-para 2 above

X = Component of materials expressed as percent of the total value of work

MI-MIO = All India Wholesale Price Index for all commodities for the period under Reckoning

b) VF = W x Z x (FI-FIO) 100 FIO

VF = Variation in cost of fuel, oil and lubricant, increase or decrease in

rupees to be paid or recovered W = Value of work done, worked out as indicated in sub-para 2 above

Z = Component of P.O.L. expressed as a percent of total value of work as indicated under the special conditions of contract.

FI-FIO = Average index numbers of wholesale price for group (fuel, power, light and lubricants) as published weekly by the Economic Adviser to Government of India, Ministry of Industry for the period under reckoning, and that valid at the time of receipt of tenders, respectively.

5) The following principles shall be followed while working out the indices mentioned in

sub-para 4 above: a) the compensation for escalation shall be worked out at quarterly intervals and

shall be with respect to the cost of work done during the three calendar months of the said quarter. The first such payment shall be made at the end of three months after the month (excluding) in which the tender was accepted and thereafter at three months interval. At the time of completion of the work, the last period for payment might become less than 3 months, depending on the actual date of completion.

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b) The Index (MI/FI etc) relevant to any quarter for which such compensation is paid shall be arithmetical average of the indices relevant to the three calendar months. If the period upto the date of completion after the quarter covered by the last such installment of payment, is less than three months, the index MI and FI shall be the average of the indices for the months failing within that period.

c) The base index, MIO and FIO etc. shall be the one relating to the month in which the tender was stipulated to be received.

6) The compensation for escalation for labour shall be worked out as per the formula

given below: a) VL = W x Y x (LI-LIO)

0 LIO

VL = Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or recovered

W = Value of work done, worked out as indicated in sub-para 2 above

Y = Component of labour expressed as percentage of the total value of work

LIO = Minimum daily wage in rupees of an unskilled adult male mazdoor, as fixed under any law, statutory rule or order as on the last date on which tenders for the work were to be received

LI

= Minimum wage in rupees of an unskilled adult make mazdoor, as fixed under any law, statutory rule or order as applicable on the last day of the quarter previous to the one during which the escalation is being paid.

7) The following principles will be followed while working out the compensation as per

sub-para 6 above: A) the minimum wage of an unskilled male mazdoor mentioned in sub-para 6 above

shall be the higher of the following two figures; namely these notified by Government of India, Ministry of Labour and those notified by the local administration, both relevant to the place of work and the period of reckoning.

B) The escalation for labour also shall be paid at the same quarterly intervals when escalation due to increase in cost of materials and/or P.O.L. is paid under this clause. If such revision of minimum wages takes place during any such quarterly intervals, the escalation compensation shall be payable, for work done in all quarters subsequent to the quarter in which the revision of minimum wages takes place.

C) Irrespective of variations in minimum wages of any category of labour, for the purpose of this clause, the variation in the rates for an unskilled adult male mazdoor alone shall form the basis for working on the escalation compensation payable on the labour component.

8) In the event, the prices of materials and/or wages of labour required for the

execution of works decrease/s, there shall be downward adjustment of the cost of work so that such price of materials and/or wages of labour shall be deductible from the cost of work under this contract and in this regard the formulae herein before stated under this clause 10B shall mutatis mutandis apply, provided that:

a) No such adjustment for the decrease in the price of materials and/or wages of

labour afore mentioned would be made in case of contracts in which the stipulated period of completion of the work is eighteen months or less;

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b) The Director, AMD shall otherwise be entitled to lay down the principles on which the provision of the sub-clause shall be implemented from time to time and the decision of the Director in this behalf shall be final and binding.

Provided always that provision of the preceding clause 10A shall not be applicable for

contracts where provisions of this clause are applicable but in cases where provisions of this clause are not applicable, the provisions of clause 10A will become applicable. CLAUSE 10C (ESCALATION CLAUSE) : As the contract period is for less than 18 months, escalation clause does not imply and hence the same will not be paid if any extension of time is granted due to delay attributed to the contractor. CLAUSE 11: WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, BOREHOLE LOCATION MAPS, ORDERS ETC. The Contractor shall execute the whole and every part of the work in the most substantial and workman like manner and both as regards, materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also conform exactly, fully and faithfully to the design, drawings borehole location map and instructions in writing relating to the work signed by the Director and Pledges to his office and to which the contractor shall be entitled to have access at such office or on the site of the work for the purpose of inspection during office hours and the contractor shall, if so required be entitled at his own expenses to make or cause to be made copies of the specifications and of all such designs, drawings, borehole location map and instructions as aforesaid in case of any class of work for which there is no such specifications. The contractor shall carry out the work in all respects, in accordance with the instructions, in writing of the Director. CLAUSE 12A: ALTERATION IN SPECIFICATION, DESIGN AND BOREHOLE LOCATION MAP The director shall have power to make any alteration in omissions, from additions to or substitutions for the original specifications, drawings, designs borehole location map and instructions, that may appear to him to be necessary during the progress of the work and the contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Director and such alterations, omissions, additions or substitutions shall not invalidate the contract and any altered, additional or substituted work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work. The time for the completion of the work shall be extended in the proportion that the altered additional or substituted work bears to the original contract work and the certificate from the Director shall be conclusive as to such proportion, over and above this, a further period to the extent of 25% of such extensions shall be allowed to the contractor. The rates for such additional, altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective order:

a) If the rates for the additional altered or substituted work are specified in the contract for the work, the contractor is bound to carry out the additional altered or substituted work at the same rates as are specified in the contract for the work

b) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the works, the rates will be derived from the rates for a similar class of work as are specified in the contract for the work.

c) If the rates for the altered, additional or substituted work cannot be determined in the manner specified in the sub-clause (a) and (b) above, then the contractor shall, within 7 days of the date of receipt of order to carryout the work, inform

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the Director of the rate which in is his intention to charge for such class of work, supported by analysis of the rate or rates claimed and the Director shall determine the rate or rates on the basis of prevailing market rates, and pay the contractor accordingly. However, the Director by notice in writing, will be at liberty to cancel his order to carry out such manner, as he may consider advisable. But under no circumstances, the contractor shall suspend the work on the plea of non-settlement of rates of items falling under the clause.

d) Except in case of items relating to foundations, provisions contained in sub-clause (a) and (c) above shall not apply to contract or substituted items as individually exceed the percentage set out in the tender documents (referred to herein below as ‘deviation limit’), subject to the following restrictions:

1) the deviation limit referred to above is the net effect (algebraical sum) of all additions and deductions ordered;

2) In no case shall the additions/deductions (arithmetical) sum exceed twice the deviation limit;

3) The deviations ordered on items of any individual trade included in the contract shall not exceed plus/minus 50% of the value of that trade in the contract, as a whole or half the deviation limit, whichever is less;

4) The value of additions of items of any individual trade not already included in the contract shall not exceed 10% of the deviation limit.

The rates of any such work except the items relating to foundations which is in excess of the deviation limit shall be determined in accordance with the provisions contained in Clause 12B. CLAUSE 12B: In the case of contract or substituted items which individually exceed the quantity stipulated in the contract by more than the deviation limit, except the items relating to foundations work, which the contractor shall within 7 days from the receipt of order, claim revision of the rates supported by proper analysis in respect of such items for quantities in excess of the deviation limit, notwithstanding the fact that the rates for such items exist in the tender for the main work or can be derived in accordance with the provisions of sub–clause (b) of Clause 12A, and the Director may revise their rates, having regard to the prevailing market rates and the contractor shall be paid in accordance with the rates so fixed. The Director, shall however, be at liberty to cancel his order to carry out such increased quantities of work by giving notice in writing to contractor and arrange to carry it out in such a manner as he may consider advisable. But, under no circumstances, the contractor shall suspend the work on the plea of non-settlement of rates of items falling under this clause. All the provisions of the preceding paragraphs shall equally apply to the decrease in the rates of items for quantities in excess of the deviation limit not the fact that the rates for such items exist in the tender for the main work or can be derived in accordance with the provisions of sub-clause (b) of the preceding clause 12A, and the Director may revise such rates having regard to the prevailing market rates. CLAUSE 13: NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO BE CARRIED OUT If at any time after the commencement of the work, the President of India shall for any reason whatsoever, not required the whole works/quantities thereof as specified in the tender to be carried out, the Director shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but in which he did not derive in consequence of the full amount of the

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work not having been carried out neither shall he have any claim for compensation by reason of any alteration having been made in the original specifications, drawings, borehole location map and designs as originally contemplated. Provided that the contractor shall be paid the charge on the cartage only of materials actually and bonafide brought to the site of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work or any portion thereof and then taken back by the contractor, provided however that the Director shall have in all such cases the option of taking over all or by any such materials at their purchase price or at local current rates which ever may be less. In the case of such stores having been issued from Government stores, supervision charges and storage charges shall be refunded in addition to the issue rate of materials. CLAUSE 14: ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORKS If it shall appear to the Director or his sub-ordinates incharge of the work, that any work has been executed with unsound, imperfect or unskilful workmanship or with materials provided by him for the execution of the work are unsound or of a quality inferior to that contracted or for otherwise not in accordance with the contract, the contractor shall on demand in writing which shall be made within 6 months of completion of the work from Director specifying the work, materials or articles complained of not withstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove or reconstruct that work so specified in whole or in part, as the case may require or as the case may be, remove that materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so within a period to be specified by the Director his demand aforesaid, then the contractor shall be liable to pay compensation at the rate of 1% on the estimated amount put to tender for every day not exceeding ten days, while his failure to do so shall continue and in the case of any such failure the Director may rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expense in all respects of the contractors. CLAUSE 15: WORK TO BE OPEN TO INSPECTION All work under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of Director and his authorised subordinates and the contractor shall at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Director or his subordinate to visit the work shall have been given to the contractors, either himself be present to receive order and instructions, or have a reasonable agent duly accredited in writing present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself. CLAUSE 16: NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP The contractor shall give not less then seven days notice in writing to the Director or his subordinate in charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be taken before the same is so covered up or placed beyond the reach of measurement any work without the consent in writing of the Director or his nominee of the work who shall within the aforesaid period of seven days inspect the work, and, if any, work shall be covered up or placed beyond the reach of measurement without such notice having been given or Director’s consent being obtained, the same shall be uncovered at the contractor’s expense, or in default thereof, no payment or allowance shall be made for such work or the materials with which the same was executed.

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CLAUSE 17: CONTRACTOR LIABLE FOR DAMAGE DONE AND FOR IMPERFECTIONS NOTICED WITHIN THE PRESCRIBED MAINTENANCE PERIOD AFTER THE CERTIFICATE If the contractor or his working people or servants shall break, deface, injure or destroy any part of the building in which they may be working or any building, road curb, fence enclosure, water pipe, cables, drains, electric or telephone post or wire, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part of it is being executed or if any damage shall happen to the work while in progress, from any cause whatever or if any defect shrinkage or other faults, appear in the work within six months (3 months in the case of any work other than road work costing Rs.40,000/- and below) after a final certificate or otherwise of its completion shall have been given by the Director as aforesaid arising out of defective or improper material or workmanship, the contractor shall, upon a receipt of a notice in writing that behalf make the same good at his own expenses or in default the Director may cause the same to be made good by other workmen and deduct the expenses from any sums that may be then, or at any time thereafter may become due to the contractor, or from his security deposit or the proceed of sale thereof of a sufficient portion thereof. The security deposit of the contractor shall be refunded only one month after issue of the final certificate or otherwise of completion of the work or till the final bill has been prepared and passed whichever is later. CLAUSE 18A : CONTRACTOR TO SUPPLY ALL PLANT, LADDERS AND SCAFFOLDING ETC. The contractor shall provide at his own cost all materials (except such special materials, if any, as may in accordance with the contract be supplied from the Director’s stores) plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works requisites or proper for the proper execution of the work whether original, altered or substituted and whether specification or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Director as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage therefore, to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and assisting of the measurement or examination at any time and from time to time of the work or materials. Failing his doing so, the same may be provided by the Director at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contract and or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof. CLAUSE 18B: In every case in which by virtue of the provisions of section 12, subsection (a) of the Workmen’s Compensation Act, 1923 Government is obliged to pay compensation to workmen employed by the contractor in execution of the works, government will recover from the contractor the amount of compensation so paid, and without prejudice to the rights of the Government under Section 12, subsection (2) of the said Act, Government shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Government to the contractor whether under this contract or otherwise. Government shall not be bound to contest any claim made against it under section 12, (subsection 91) of the said Act, except on the written request of the contractor and upon his giving to Government full security for all costs for which Government might become liable in consequence of contesting such claim. CLAUSE 19 A : LABOUR

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No labour below the age of 18 years shall be employed on the work. CLAUSE 19 B : PAYMENT OF WAGES TO LABOURERS – FAIR WAGE CLAUSE a) The contractor shall pay not less than fair wages to the labourers engaged by him on

the work. Explanation: ‘Fair Wage’ means wage whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been so notified the wages prescribed by the Central Public Works Departments for the district in which the work is done. It will be notified the wages prescribed by the Central Public Works Departments for the district in which the work is done. It will be notified/prescribed by Central Public Works Departments in consultation with the officers of the Industrial Relations, machinery located in respective areas and will not be less than the minimum rates of wages fixed by the Government for that class of employees engaged on the same type of work in the same area.

b) The contractor shall not withstanding the provisions of any contract to the contrary,

cause to be paid fair wage to labourers indirectly engaged on the work, including any labour engaged by his sub-contractors has been immediately employed by him.

c) In respect of all labour directly or indirectly employed in the works for performance of

the contractors part of this agreement, the contractor shall comply with or cause to be complied with, the Central Public Works Department contractor’s labour regulations made by Government from time to time in regard to payment of wages, wage period, deductions from wages, recovery of wages not paid and deductions unauthorizedly made, maintenance of wages and other terms of employment inspection and submission of periodical returns and all other matters of a like nature.

d) The Director shall have the right to deduct from the money due to the contractor by

sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfilment of the conditions of the contract for the benefit of the workers, non-payment of wages or deductions made from his or their wages which are not justified by their terms of the contract of non-observance of the regulations.

e) Under the provisions of the Minimum Wages Act, 1948 and the Minimum Wages

(Central) Rules, 1950, the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the works one day’s rest for six days continuous work and pay wages at the same rate as for duty as may be applicable from time to time. In the event of default, the Director shall have the right to deduct the sum or sums not paid on account of wages for weekly holiday to any labourer and pay the same to the persons entitled thereto from any money due to the contractor by the Director.

f) Vis-à-vis the Central Government, the contractor shall be primarily liable to all

payments to be made under and for the observance of the regulations aforesaid without prejudice to his right to claim indemnity from his sub-contractors.

g) The regulations aforesaid shall be deemed to be a part of this contract and any

breach thereof shall be deemed to be breach of this contract. CLAUSE 19 C: In respect of all labour directly or indirectly employed in the work for the performance of the contractor’s part of this agreement, the contractor shall be at his own expense arrange for the safety provisions as per CPWD Safety code framed from

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time to time and shall at his own expense provide for all facilities in connection therewith. In case the contractor fails to make arrangements and provide necessary facilities as aforesaid he shall be liable to pay a penalty of Rs.50/- for each default to and in addition, the Director shall be at liberty to make arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from the contractor. CLAUSE 19 D: The contractor shall submit by 7th of every month, to the Director a true statement showing, in respect of the preceding month (1) the number of labourers employed by him on the work, (2) their working hours, (3) the wage paid to them, (4) the accident that occurred during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them. The decision of the Director shall be final in deducting from any bill due to the contractor the amount levied as fine. CLAUSE 19 E : HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS In respect of all labour directly or indirectly employed in the works for the performance of the contractor(s) part of this agreement, the contractor shall comply with or cause to be complied with all the rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the AMD and its contractors. CLAUSE 19 F : In the event of the contractor(s) committing a default or breach of any of the provisions of the Central Public Works Department Contractor’s Labour regulations and Model Rules for the protection of health and sanitary arrangements for the workers as amended from time to time of furnishing any information or submitting or filing an statement under the provisions of the above regulations and rules which is materially incorrect, he/they shall without prejudice to any other liability pay to the Government a sum not exceeding Rs.50/- for every default, breach of furnishing, making submitting filling such materially incorrect statements and in the event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to Rs.50/- per day for each day of default subject to a maximum of 5% of the estimated cost of the work put to tender. The decision of the Director shall be final and binding on the parties. Should it appear to the Director that the contractor(s) is/are not properly observing and complying with the Model Rules for the protection of health and sanitary arrangements for work people employed by the contractor(s) (herewith after referred to as “the said Rules”) the Director shall have power to give notice in writing, to the contractor(s) (a) requiring that the said rules be complied with and the amenities prescribed therein be provided to the work people within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the period specified in the notice to comply with and/or observe the said rules and to provide the amenities to the work people as aforesaid, the Director shall have the power to provide the amenities herein before mentioned at the cost of the contractor(s), the contractor(s) shall erect, make and maintain at his/their own expense and to approved standards, all necessary huts and sanitary arrangements required for his/their work people in the connection with the execution of the works and if the same shall not have been erected or constructed, according to approved standards, the Director shall have power to give notice in writing the contractor(s) requiring that the said huts and sanitary arrangements be remodelled and/or reconstructed according to approved standards and if the contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Director shall have the power to

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remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the contractor(s). CLAUSE 19 G : The contractor(s) shall at his/their own cost provide his/their labour with a sufficient number of huts (herein after referred to as the camp) of the following specifications on a suitable plot of land to be approved by the Director. 1. a) The minimum height of such hut at the eye level shall be 7’ (2.10 metres) and

the floor area to be provided will be at the rate of 30 Sq.ft. (2.70 Sq.m.) for each member of the worker’s family staying with the labourer.

b) The contractor(s) shall in addition construct suitable cooking places having a

minimum area of 6’ x 5’ (1.80 x 1.5 m) adjacent to the hut for each family. c) The contractor(s) shall also construct temporary latrines and urinals for the use of

the labourers each on the scale of not less than four per each one hundred of the total strength, (separate latrines and urinals being provided for women).

d) The contractor(s) shall construct sufficient number of bathing and washing places,

one unit for every 25 persons residing in the camp. The bathing and washing places shall be suitably screened.

2. a) All the huts shall have walls of sun-dried or burnt bricks laid in mud mortar or

other suitable local materials as may be approved by the Director. In case of semidried bricks, the walls should be plastered with mud gobri on both sides. The floor may be katcha but plastered with mud gobri and shall be at least 6” (150 mm) above the surrounding ground. The roofs shall be laid with thatched or any other materials as may be approved by the Director and the contractor shall ensure that throughout the period of their occupation the roofs remain watertight.

b) The contractor(s) shall provide huts with proper ventilation. c) All doors, windows and ventilators shall be provided with suitable leaves for

security purposes.

d) There shall be kept an open space of at least 8 yards (7.20 m.) between the rows of huts, which may be reduced to 20 ft. (6.10 m.) according to the availability of site with the approval of the Director, back-to-back construction will be allowed.

3. WATER SUPPLY:

The contractor(s) shall provide adequate supply of water for the use of labourers. The provisions shall not be less than 2 gallons (9.1 litres) of pure and wholesome water per head per day for drinking purposes and 3 gallons (13.6 litres) of clean water per head per day for bathing and washing purposes.. Where piped water supply is available, supply shall be at stand posts and where the supply is from river, tanks which may be metal or masonry, shall be provided. The contractor(s) shall also at his/their own cost make arrangements for laying pipe lines for water supply to his/their labour camp from the existing main where available, and shall pay all fees and charges thereof.

4. The site selected for the camp shall be high ground, remote from jungle. 5. DISPOSAL OF EXCRETE:

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The contractor(s) shall make necessary arrangements for the disposal of excrete from the latrines by trenching or incineration, which shall be according to the requirements laid down by the local health authorities. If trenching or incineration is not allowed, the contractor(s) shall make arrangements for removal of the excrete through the Municipal Committee/Authority and inform it about the number of labourers employed so that arrangements may be made by such committee/authority for the removal of the excrete. All charges on this account shall be borne by the contractor and paid direct by him to the Municipality/authority. The contractor shall provide one sweeper for every seat in case of dry system.

6. DRAINAGE: The contractor(s) shall provide sufficient arrangements for draining away sewage water so as to keep the camp neat and tidy.

7. LIGHTING :

The contractor(s) shall make necessary arrangements for keeping the camp area sufficiently lighted to avoid accidents to the workers.

8. SANITATION: The contractor(s) shall make arrangements for conservancy and sanitation in the labour camps according to the rules of the Local Public Health and Medical authorities. CLAUSE 19 H : The Director may require the contractor to dismiss or remove from the site of the work any person or persons in the contractor’s employ upon the work who may be incompetent or misconduct himself and the contractor shall forthwith comply with such requirements. CLAUSE 20 : The contractor shall comply with all provisions of the Minimum Wages Act, 1948 and rules framed thereunder and other labour laws. CLAUSE 21 : WORK NOT TO BE SUBLET The contract shall not be assigned for sublet without the written approval of the Director. And if the contractor shall assign or sublet this contract, or attempts to do so or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempts to do so, or, if any gratuity, gift, loan, perquisite reward or advantage, pecuniary or other offered by the contractor, or any of his servants or agents to relating to his office or employment or if any such officer in the contract, the Director on behalf of the President of India shall have power to adopt any of the courses specified in clause 3 as he may deem best suited in the interest of Government and in the event of any of these courses being adopted the consequences specified in said clause 3 shall ensue. CLAUSE 22: SUM PAYABLE BY WAY OF COMPENSATION TO BE RECONSIDERED AS REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of Government without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

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CLAUSE 23: CHANGES IN CONSTITUTION Where the contractor is partnership firm, the previous approval in writing of the Director shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual or a Hindu Undivided Family business concern such approval aforesaid shall likewise to be obtained before the contractor enters into partnership agreement where under the partnership firm would have the right to carryout the work hereby undertaken by the contractor. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in contravention of Clause 21 hereof and the same action may be taken and the same consequences shall ensue as provided in the said Clause 21. CLAUSE 24: WORKS TO BE UNDER DIRECTION OF REGIONAL DIRECTOR : All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Regional Director who shall be entitled to direct at what point or points and in what manner they are to be commenced from time to time carried out. CLAUSE 25: SETTLEMENT BY ARBITRATION Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications designs, drawings, borehole location map and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim right matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings borehole location map, specifications, estimates, instructions orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the person appointed by the Director. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant, that he had to deal with the matters to which the contract relates and that in the course of his duties as Government servant he had expressed views on all or any of the matters in dispute or difference. The arbitration to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason shall appoint another person to act as arbitrator in accordance with the terms of the contract. Such persons shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. Iota is also a term of this contract that no person other than a person appointed by the Director as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs.50,000/- and above, the arbitrator shall give reasons for the award. Subject as aforesaid the provisions of the Arbitration Act, 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause. It is also a term of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amount or amounts claimed in respect of each such dispute. It is also a term of the contract that if the contractor(s) does/do not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Government that the bill is ready for payment, the claim of the contractor(s) will be deemed to have been waived and absolutely barred and the Government shall be discharged and released of all liabilities under the contract in respect of these claims.

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The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. CLAUSE 26 : PATENT RIGHTS The contractor shall fully indemnify the President of India against any action, claim or proceeding relating to infringement or sue of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claims made under or action brought against Government in respect of any such matters as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise therefrom. Provided that the contractor shall not be liable to indemnify the President of India if the infringement of the patent or design or any alleged patent or design right is the direct result of any order passed by the Director in this behalf. CLAUSE 27 : LUMP SUM IN ESTIMATES When the estimate on which a tender is made includes lump sum in respect of parts of the work the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates, as are payable under this contract for such items, or if the part of the work in question is not, in the opinion of the Director capable of measurement, the Director may at his discretion pay the lump sum amount entered in the estimate, and the certificate in writing of the Director shall be final and conclusive against the contractor with regard to any sum or sums payable to his under the provisions of the clause.

CLAUSE 28 : ACTION WHERE NO SPECIFICATION In the case of any class of work for which there is no such specification as is mentioned in Rule 1, such work shall be carried out in accordance with the district specification and in the event of there being no district specification, then in such case, the work shall be carried out in all respects in accordance with the instructions and requirements of the Director. CLAUSE 29A : Whenever any claim against the contractor for the payment of a sum of money arises out of or under the contract, Government shall be entitled to recover such sum by appropriating in part of whole, the security deposit of the contractor and to sell any government promissory notes etc. forming the whole or part of such security. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with Government. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to Government on demand the balance remaining due. CLAUSE 29B: Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract may be appropriated by the Government and set off against any claim of the government for payment of a sum of money arising out of or under any other contract made by the contractor with the Government.

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CLAUSE 30 : The contractor shall not employ coal mining or controlled area labour falling under any category what so ever on or in connection with the work or recruit labour from controlled area. Subject as above, the contractor shall employ imported labour only i.e. depot imported labour or labour imported by contractors from area, from which import is permitted. Where ceiling price for imported labour has been fixed by State or Regional Labour Committees not more than that ceiling price shall be paid to the labour by the Contractor. The contractor shall immediately remove any labourer who may be pointed out by the Director as being a coal mining or controlled area labourer. Failure to do so shall render the contractor liable to pay to Government a sum calculated at the rate of Rs.10/- per day per labourer. The certificate of the Director about the number of coal mining or controlled area labour and the number of days for which they worked shall be final and binding upon all parties to this contract. It is declared and agreed between the parties that the aforesaid stipulation in this clause is one which the public are interested within the meaning of the exception of Section 74 of Indian Contract Act, 1872. Explanation – “Controlled Area” means the following areas:

Districts of Manbhum, Hazaribagh, Jumtara sub-division of Santhal Parganas. Districts of Bankura, Birbhum, Burdwan. District of Bilaspur. Any other area which may be declared as “Controlled Area” by or with the approval of the Central Government. CLAUSE 31: The contractor(s) shall make his/their own arrangements for unfiltered water required for the work and nothing extra will be paid for the same. This will be subject to the following conditions: a) that the water used by the contractor(s) shall be fit for construction purposes, to the

satisfaction of the Director. b) The Director shall make alternative arrangements for supply of water at the risk and

cost of contractor(s) if the arrangements made by the contractor(s) for procurement of water are, in the opinion of the Director, unsatisfactory.

CLAUSE 32: 1) Where there is no piped water supply arrangement and the water is taken by the

contractor from the wells or hand pumps constructed by the Government, no charge shall be recovered from the contractor on that account. The contractor shall, however, draw water at such hours of the days that it does not interfere with the normal use for which the hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of

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which shall be recoverable from him. The Director shall be the final authority to determine the cost recoverable from the contractor on this account.

2) The contractor shall be allowed to construct temporary wells in Government land for

taking water for construction purposes only after he has got permission of the Director in writing. No charges shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work.

CLAUSE 33: The contractor shall employ necessary qualified/experienced Technical staff for executing the job. CLAUSE 34: The whole work may be split up between two or more contractors or accepted in part and not in entirely. CLAUSE 35: i) Sales tax or any other tax on material in respect of this contract shall be payable

by contractor and Government shall not entertain any claim whatsoever in this respect.

ii) If pursuant to or under any law such notification or order any royalty, cess, fee or

the like becomes payable by the Government of India and does not at any time become payable by the contractor to the State Government/Local Authorities in respect of any material used by the contractor on the works there in such a case, it shall be lawful to the Government of India and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from the dues of the contractor.

CLAUSE 36: Without prejudice to any of the rights or remedies under this contract if the contractor dies, the Director, on behalf of the President of India, shall have the option of terminating the contract without compensation to the contractor. CLAUSE 37: The contractor shall not be permitted to tender for works in the Atomic Minerals Directorate for Exploration and Research (responsible for award and execution of contracts) in which his near relative is posted as Accounts Officer or as an officer in any other equivalent capacity. He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any gazetted officer in the Department of Atomic Energy. Any breach of this condition by the contractor would render him liable to the removed from the approved list of contractors of this Department. Note: By the terms “Near relative” is meant wife, husband, parents and grand parents, children and grand children, brother and sisters, aunts, uncles and cousins and their corresponding in-laws. CLAUSE 38:

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No engineer of gazetted rank or other gazetted officer employed in Engineering or Administrative duties in an Engineering department of the government of India is allowed to work as a contractor for a period of two years of his retirement from government service without the previous permission of Government of India. This contract is liable to be cancelled if either the contractor or any of his employee is found at any time to be such a person who had not obtained the permission of Government of India as aforesaid before submission of the tender or engagement in the contractor’s service as the case may be. CLAUSE 39: The work (whether fully constructed or not) and all materials, machines tools and plants scaffolding, temporary building and other things connected therewith shall be at the risk of the contractor until the work has been delivered to the Director and a certificate from him to that effect obtained. In the event of the work or any materials properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or war like operations, the contractor shall, when ordered in writing by the Director remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract rates, in accordance with the provisions of this agreement for the work of clearing the site of debris, stocking or removal of the serviceable materials and for reconstruction of all work ordered by the Director, such payment being in addition to compensation upto the value of the work originally executed before being damaged or destroyed but not already measured and contractor shall be paid for the damage/destruction suffered and for restoring the materials at the rates based on the analysis of the rates tendered for in accordance with the provision of this agreement. The certificate of the Director regarding the quality and quantity of materials shall be final and binding on all parties to this contract. Provided always that no compensation shall be payable for any loss in consequence or war like operations (a) unless the contractor had taken all such precautions against air raid as are deemed necessary by the Director (b) for any materials etc. no on the site of the work or for any tools, plants, machinery, scaffolding temporary buildings and other things not intended for the work. CLAUSE 40: The contractor shall comply with the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (No.37 of 1970) and the rules and orders issued thereunder from time to time. If he fails to do so his failure will be a breach of the contract and Director may at his discretion cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act.

Signature of the Tenderer

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SAFETY CODE

SECTION – IV

SAFETY IN DRILLING: 1. The use of safety attire by drilling crew and supervisors is compulsory. The safety attire includes use of hard-toe boots, helmets and close fitting dress, nose mask and ear plugs. Hand gloves should be used wherever parts with fine or uneven surfaces are to be handled. Safety glasses should be used while cutting wood, using hammer and related jobs. 2. All rotating parts like chains, belt, clutch and spindle etc. should be provided with safety guards. 3. The use of safety belt should be compulsory while working on drill platform/mast of derrick. 4. All pressure and temperature gauge should be maintained functional. 5. All relief valves should be kept functional. 6. First aid kit should be available at drill site. 7. Fire extinguishers should be provided and maintained at all drill sites and at places where P.O.L. is stored. 8. The operators and technicians should be periodically trained in safe working methods. 9. Quality rod handling tools, simple machines such as pulley blocks etc. should be provided at the drill sites. 10. Critical items like hoses, wire ropes, pipe wrenches, rods etc. should be periodically inspected and replaced. 11.When accidents occur, each accident has to be probed into the causes, necessary corrective actions to be taken and details of such accidents with causes and preventive methods should be immediately informed to the concerned authorities. 12. Suitable scaffolds should be for workmen for all works that cannot safely be done from the ground from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra labour shall be engaged for holding the ladder and if the ladder is used for carry materials as well suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than¼ to 1 (1/4 horizontal and 1 vertical). 13. Scaffolding or staging more than 3.6 m. (12 feet) above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured at least 90 cm. (3 feet) high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

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14. Working platform, gangways and stairways should be so constructed that they should not sag unduly or unequally and if the height of the platform or the gangway or the stairway is more than 3.6 m. (12 feet) above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in (13) above. 15. Every opening in the floor of a building or in a working platform be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be 90 cm (3 feet). 16. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 m. (30 feet) in length while the width between side rails in rung ladder shall in no case be less than 28 cms.(11½") for ladder up to and including 3 m. (10 feet) in length. For longer ladders this width should be increased at least ¼ for each additional 30 cm. (1 foot) of length. Uniform step spacing shall not exceed 30 cm. (12"). Adequate precaution shall be taken to prevent danger from electrical equipment. No materials on any of the sites of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to protect the public from accident and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law that may be brought by any persons for injury sustained owing to neglect of the above precaution and to pay any damages and cost which may be awarded in any such suit, section or proceedings to any such persons or which may, with the consent of the contractor, be paid to compromise any claim by any such person. 17. Excavation and Trenching: All trenches, 1.2 m. (4 feet) or more in depth, shall at all times be supplied with at least one ladder for each 30 m. (100 feet) in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least 90 cm. (3 feet) above the surface of the ground. The side of the trenches which are 1.5m (5 feet) or more in depth shall be stepped back to give suitable slope or securely hold by timber bracing, so as to avoid the danger of sides to collapse. The excavated material shall not be placed within 1.5 m. (5 feet) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done. 18. Demolition : Before any demolition work is commenced and also during the process of the work:

a) all roads and open areas adjacent to the work site shall either be closed or suitable protected.

b) No electric cable or apparatus, which is liable to be a source of danger over a

cable or apparatus used by the operator, shall remain electrically charged.

c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

19. All necessary personal safety equipment as considered adequate by the Director should be kept available for the use of person employed on the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by those concerned:

a) those engaged in welding works shall be provided with welder’s protective eyesight lids

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b) stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

20. When the work is done near any place where there is a risk or drowning, all necessary equipments should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provisions should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work. 21. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following standards:

1) (a) These shall be of good mechanical construction, sound material and adequate strength and free from patent defects and shall be kept in good working order (b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from patent defects

2) Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.

3) In case of every hoisting machine and of every chain ring hook, shackle swivel

and pulley block used in hoisting or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load, except for the purpose of testing.

4) In case of departmental machine, the safe working load shall be notified by the

Director. As regards contractors’ machines the contractors shall notify the safe working load of the machine to the Director whenever he brings any machinery to site of work and got it verified by the Officer concerned.

22. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers employed on electrical installations, which are already energised, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials, which are the good conductors of electricity. 23. In order to contain the sound level of the machinery with in the acceptable limits, necessary safe guards should be followed. 24. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work. 25. These safety provisions should be brought to the notice of all concerned by display on a notice board at a prominent place at work spot. The person responsible for compliance of the safety code shall be named therein by the contractor.

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26. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements made by the contractor shall be open to inspection by the Labour Officer, Director or their representative. 27. Not withstanding the above clauses from (12) to (25) there is nothing in these to exempt the contractor from the operations of any other Act or Rule in force in the Republic of India.

Signature of the Tenderer

* * * * *

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ADDITIONAL CONDITIONS

SECTION V

1. For contract of Rs.20,000/- and above, INCOME TAX for the value of work done will be recovered as per the provisions of the Income Tax Act. 2. The contractor shall draw his own schedule in respect of the total quantum of work as per the time schedule fixed for completion of work. This schedule should be submitted to the Department within a period of two weeks to be reckoned from the date of issue of the work order. 3. The tenderer is required to visit the site to acquaint himself with the site conditions, working conditions, approaches, availability of materials, facilities for storing, construction materials, camping facilities for his labour force, geological and weather conditions and all other relevant information. 4. The drilling agency/Contractor will be responsible for choosing/selecting a suitable area for establishing their camp close to the operational area and also to arrange themselves land required for drilling operations by negotiating with the land owners and local revenue authorities. The AMD representative will assist the contractor in this regard, if necessary. 5. The Drilling agency/Contractor is responsible for locating suitable water sources for drilling and drinking purposes. The Department would render necessary assistance to introduce the prospective drillers to the area wherever drilling is proposed to be taken up. 6. MOVEMENT OF MEN AND EQUIPMENT: Movement of men and equipment of the drilling agency in the operational area is permitted to the extent necessary for carrying out the drilling operations. However, the persons so permitted are expected to maintain proper discipline in the drilling camps. The drilling operations/data generated should be kept strictly confidential. 7. PAYMENT OF BILLS: The contractor shall submit bills in triplicate to the Resident Geologist of Atomic Minerals Directorate for Exploration & Research supported with Joint Measurement Certificate duly signed by the representative of the contractor as well as the Resident Geologist of AMD, who in turn will forward the same to Regional Director, ER, AMD/DAE, Khasmahal, Jamshedpur, Jharkhand-831002 for further certification and for onward transmission to the Sub Pay Officer, Atomic Minerals Directorate for Exploration & Research, ER, Khasmahal, Jamshedpur, Jharkhand-831002 for arranging payment. Payment thereof will be made within one week of its receipt by our office by Cheque or Demand Draft drawn in favour of the drilling agency. In any case, payment against monthly bills submitted by the drilling agency would be released within thirty days from the date of preference of such bills by the drilling agency. In all cases bill claims should be preferred only for the boreholes completed each month. No part payment for incomplete boreholes will be made. 8. FORCE MAJEURE: Neither of the parties hereto shall be considered in default in performance of the obligations under the Agreement, if such performance is prevented or delayed by events such as war, including Civil War (whether declared or not), Civil commotion, insurgency, conflagrations, epidemics, accident, fire, flood, droughts, earthquake or because of any act of God or cause beyond the reasonable control of the party affected, but excluding the failure of electricity, provided notice in writing is given within 10 days, failing which, within the shortest period by the party to AMD and vice-versa. Soon after the cause of

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majeure has been removed, the party whose ability to perform its obligations has been affected, shall notify the other of such cessation and of the actual delay occurred in such affected activity adducing necessary evidence in support thereof. From the date of occurrence of a case of Force Majeure, the obligations of the party affected shall be suspended during the continuance of any inability so caused until the cause itself and the inability resulting there from have been removed and the agreed time of completion of the respective obligations under this agreement shall stand extended by a period equal to the period of delays occasioned by such events. 9. COMMENCEMENT OF WORK: The drilling agency should commence the drilling within 15 days from the date of acceptance of the work order and the total quantum of drilling should be completed within the stipulated time from the scheduled date of commencement of drilling. 10. Regional Regional Director, ER, AMD/DAE, Khasmahal, Jamshedpur, Jharkhand-831002, will be in charge of this work. He will issue necessary instructions to the drilling agency through the Resident Geologist. 11. STANDARD ARBITRATION CLAUSE: In the event of any dispute or difference between the parties hereto, such disputes or difference shall be resolved amicably by mutual consultation or through the good offices of empowered agencies of the Government. If such resolution is not possible, then, the unresolved dispute or difference shall be referred to arbitration of an arbitrator to be nominated by the Secretary, Department of Legal Affairs, Ministry of Law and Company Affairs in terms of and to be conducted as per the rules/guidelines issued by the said Ministry and the Cabinet Secretariat on the subject and as modified from time to time. The Arbitration Act, 1940 shall not be applicable to the arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, the party aggrieved by such aware shall make a further reference for setting aside or revision of the award to the “Law Secretary” whose decision shall bind the parties finally and conclusively. 12. Before the commencement of each and every borehole, a borehole proforma will be given by the Resident Geologist indicating the desired target depth. 13. All efforts should be made to complete the borehole up to desired depth despite all constraints. If at all, it is not able to complete the borehole due to strata problem, full justification for the reasons and efforts in terms of time spent for overcoming the problems during drilling have to be communicated in writing to the Resident geologist. However, the time spent should not be less than the actual time required to complete the remaining target depth of the borehole. 14. ABANDONED BOREHOLES:

A borehole will be called as an 'abandoned hole' in which gamma ray logging

could not be done up to the target depth specified in the borehole proforma due to any in-hole problems. The total meterage in the abandoned boreholes should not exceed 10% of the total meterage of completed boreholes under this contract.

However, the contractor should satisfy the AMD representative i.e. Resident

Geologist that he has taken sufficient precautions to prevent in-hole problems like caving, accidents etc in the boreholes. In case there is an in-hole problem, the contractor should make sufficient efforts to clear the problem before declaring the borehole as abandoned.

Decision on such abandoned holes and meterage admissible will be taken after

submission of report by AMD representative i.e. Resident Geologist and approval of Competent Authority which is final and binding on the contractor. However, payment for

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the abandoned meterage will be made only in the final bill on satisfactory completion of the total work of the contract.

Full payment will be made if the abandoned drilling is within 10% of the total meterage of completed boreholes under this contract. No payment will be made for abandoned drilling beyond 10% of the total meterage of completed boreholes under this contract.

In case, the borehole is extended beyond the target depth specified in the

borehole proforma then full payment will be made up to the meterage drilled beyond the targeted depth even if it does not reach the extended target and such borehole would not be classified as abandoned.

An example for such case could be:

i) Target drilling depth as per borehole proforma ... 280 m ii) Borehole completed and logged up to ... 280 m iii) Request for borehole to be extended further ... 20 m iv) Borehole abandoned at ... 290 m

In such case, full payment will be made up to 290 m. 15. It is to be noted that in case borehole target depth is to be reduced against the depth given in the borehole proforma, it will be informed by AMD Representative, well in advance to avoid any loss of time and inconvenience and such boreholes would be treated as completed at reduced depth and payment will be made only up to that depth.

16. A borehole is considered as 'CLOSED' only after the clauses in Specification VI is satisfied and the borehole has been logged up to the target depth. Depending on the results of the gamma ray logging, the borehole can be extended for marginal depth. However, such decisions shall be taken by the representative of AMD within a reasonable time and no standby charges shall be paid to the contractor for the intervening period.. 17. SPECIAL TERMS & CONDITIONS:

a) The Contractor will obtain necessary clearance/permission from the land owner/local authorities in order to carry out the drilling work in the area as per the local prevailing custom/regulation. Any other condition/restriction by the land owner/local authorities will have to be directly dealt with by the contractor.

b) The compensation to the land owners for making of approach road/track and drilling, etc. will be directly negotiated and paid by the contactor. All such payments shall be borne by the contractor only.

c) The timing of operation will be so regulated that the logging (geological and radiometric) work of AMD can be done in the day light hours.

d) Priority borehole number/sequence of drilling will be decided by the Resident Geologist of AMD.

e) The contractor should be adequately equipped with regard to all drilling inventory such as casing, rods, bits etc. of appropriate requirement.

f) The contractor should physically see the area proposed for drilling and ascertain ground realities before quoting the rates.

g) The contractor shall have to abide by the restrictions imposed by the Forest department where the proposed drilling area falls under forest area.

18. The land where a borehole is located has to be made good and brought to the pre-drilling condition before withdrawing from the site. Failure to do so would attract the cost towards making the land good and the amount so spent would be payable by the contractor/drilling agency and the same would be deducted in the subsequent bill submitted after completion of the borehole. Intimation regarding the expenditure incurred would be given by the Resident Geologist in writing. 19. Whole or part of the contract can be transferred to another adjacent area if mutually agreed.

Signature of the Tenderer

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SPECIFICATIONS

SECTION - VI

1. Drilling Area

: Core drilling in Banadungri-Garadiha area

2. Location : Proposed drilling area is located 20 km South-East of Tatanagar Railway station connected with Tatanagar – Rakha metalled road via Sunder Nagar. Nearest major rail head is Tatanagar (20 km), where all the basic amenities are available. Drilling area falls under private cultivated lands as well as Government revenue land and is free of reserve forest.

3. Total core drilling of 5000 metres approximately with boreholes of 125 to 300 metres depth with possible minor variations, in Combination of H/N/B size (96.00mm/75.70mm/60.00 mm bore hole diameter approximately)

4. A minimum of 3 core drilling rigs of required capacity should be deployed in the

area. However this number should be increased as per requirement for time bound completion of work.

5. A minimum rate of progress of 625 m. per month should be ensured

6. On acceptance of the contract, Department will give a certified plan indicating borehole locations. The Director, AMD or representative of the Director, AMD, however, reserves the right to modify the drilling plan during the operation of the contract based on the results of drilling but confining the drilling within the areas specified. The changes in the location and depth of the boreholes will, however be notified to the drilling agency well in advance in order to avoid delay in preparation of the borehole sites and to provide sufficient time for shifting of the rigs and other materials.

7. Boreholes drilled should conform to the following standards:

a) Size of the Boreholes

In Combination of H/N/B size (96.00mm /75.70mm / 60.00 mm bore hole diameter approximately)

b) Angle of the Boreholes

Vertical boreholes (As required). (Angle will be checked by the Resident Geologist before commencement of the borehole)

c) Core Recovery

Overall recovery of 90% and minimum of 95% in the ore zones.

d) Deviation Limit in borehole angle i Deviation in borehole Angle of maximum 20 for each 100 metres of depth

will be allowed in each borehole. Therefore, the contractors are advised to take all precautions to drill the boreholes within these limits.

ii Periodical deviation test will be arranged by the Resident Geologist.

8. Drilling shall normally conform to the above standards. However, considering the lithology, structure of the rock and in-hole conditions, the standards on core recovery, deviation and drift may be assessed as per site conditions and relaxed by the Regional Director after ensuring that the bore hole has served the purpose. Accordingly, payment will be made. The decision of the Director AMD in the matter will be final.

9. The geological formations to be drilled are mostly in Quartz-chlorite-sericite-schist & Silicified chlorite schist with lot of quartz lenticles.

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10. The contractor/drilling agency should make efforts and exercise due caution during the course of drilling so as to obtain 90% overall core recovery and minimum of 95% in the ore zones. On completion of every run, the core should be placed in the core boxes properly marked as per the guidelines provided by the resident geologist. AMD shall arrange to take over the filled core boxes at the drill site. Empty core boxes will be supplied by AMD as per the requirement. The contractor/drilling agency shall be responsible for upkeep and safety of core boxes till closure of the concerned borehole.

11. No borehole should be closed until gamma ray logging is completed. The gamma ray logging of the boreholes will be done only during the day time. Approval of the Regional Director should be taken before closure of the borehole. Every effort will be made by the Resident Geologist to have the logging completed within three days after the completion of the borehole.

12. The borehole opening should be covered by a concrete pillar with the borehole number engraved on it before removing the Rig from the borehole point. In case it is not possible to construct the concrete pillar due to the objections from the land owner(s), the borehole mouth should be properly sealed.

13. In case where considerable collapse is noticed and it is difficult to keep the borehole clear for the purpose of the gamma ray logging, boreholes have to be cased after completion for logging the boreholes. Casing can be retrieved after completion of gamma ray logging. Charges for casings have to be borne by the contractor only.

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0 1km

GARADIH

LOCATION MAP OF GARADIH

BANADUNGRINARWAPAHAR

RAJDAH

PROPOSED AREA FOR DRILLING

SUNDERNAGAR