Tender 392 Repair

8/10/2019 Tender 392 Repair

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DETAIL NOTICE INVITING TENDER (DNIT)

Name of work:- Renovation/Special repair ofGovt. Model Sanskriti SeniorSecondary School, Sector-20,in Panchkula District (i/c Civil,P.H. & E.I. works).

Estimated cost:- Rs. 25.40 lacs

Time Limit:- 4 (Four) Months

Earnest Money:-

Contractors/Societies = Rs.0.52 Lacs / 0.26 lacs


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INDEX

Sr.No.

Name of Contents Page No.

SECTION-1

i Press Notice 3

Ii Detailed Notice inviting Tender 4-7SECTION-2

General Rules and Directions and Tender Form for

filling Rates

8-11

SECTION-3

i Instructions to Bidders and Conditions of E-Tendering 12-19

ii Eligibility Criteria for Pre-Qualification 20-23

SECTION-4

i Conditions of Contract 24-34

ii Additional Conditions of Contract 35-42

SECTION-5

Schedule of materials 43

SECTION-6

i Explanatory Notes 44-46

ii Technical Conditions of EI Work 47-51

iii Technical conditions for PH Items 52-53

SECTION-7

i Contractors Labour Regulations 54-56

ii Fair Wage Clauses 57

iii Rules for protection of Health & Sanitary arrangement for

Workers

58-61

SECTION-8

Schedule of Bill of Quantities

i) Civil Work

ii) P.H. Workiii) E.I. Work

62-71


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SECTION-1(i)

PRESS NOTICE

Haryana School Shiksha Pariyojna Parishad

NOTICE INVITING TENDERS

Sealed, single percentage rate tenders are hereby invited on behalf of the Parishad

for following works:-

The bids can be submitted through e-tendering only.

For Further details visit websitehttp://ssaharyana.etenders.in.

Superintending Engineer

HSSPP, Panchkula

Sr.

no.

Name of Work Estimated

Cost (Rs.

lacs)

Earnest Money

(Rs. lacs)

Contr./Society

Time

Limit

Date for

download

Tenderdocument

online bid

1. Construction of OneACR & One Library inGHS Marranwala in

Pinjore Block and One

ACR & one Art & Craftroom in GSSS Rattewali

in Barwala Block,

Distt.Panchkula

22.90 0.46/0.23 6

Months

Upto29.09.2014

2. Renovation &Additional Constructionin BRC Buildings in

District Panchkula

31.50 0.63/0.32 6

Months

3. Renovation & Specialrepair of Govt. Model

Sanskriti Senior

Secondary School,

Sector-20, Panchkula.

25.40 0.52/0.26 4

Months
http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/


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SECTION 1

List of Important Dates of Bids

1. Name of

Work

Renovation /Special repair of Govt Model Sanskriti SeniorSecondary School , Sector-20, in Panchkula District (i/c Civil,P.H. & E.I. works).

2. Completion

Period

4 ( Four) Months

Seq

NoStage Contractor Stage

Start Date &

Time

Expiry Date

& Time

View

FormsEnvelops

1 Release of Tender -01.09.2014

10.01

09.09.2014

20.00 - -

2 -Download TenderDocument

09.09.201420.01

29.09.201416.30 -

Price Bid Envelope,Technical Envelope

3 - Online BidPreparation & Hash

Submission

09.09.2014

20.01

29.09.201416.30

- Price Bid Envelope,Technical Envelope

4Technical andFinancial Lock

-29.09.2014

16.3129.09.2014

20.00-

Price Bid Envelope,Technical Envelope

5 -Re-encryption of

Online Bids

29.09.2014

20.01

30.09.2014

15.30-

Price Bid Envelope,

Technical Envelope

6 -

Manual Submission of

documents &

EMD/Financial bid

30.09.2014

10.01

30.09.2014

15.30-

EMD & Documents/price

bid

7Open EMD &

Technical/PQ bid-

30.09.2014

15.31

01.10.2014

16.00- Technical Envelope

8 Technical evaluation -

01.10.2014

16.01

09.10.2014

10.00 - Technical Envelope

9Open Financial

/Price bid-

09.10.2014

10.01

13.10.2014

17.00- Price bid Envelope


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SECTION-1 (ii)

DEATIL NOTICE INVITING TENDER

E- tendering on prescribed form from eligible Societies / Govt. Contractors

are hereby invited on behalf of Governor of Haryana in respect of the following work.

Sr.No.

Name of work EstimatedCost

(Rs. inLacs)

EarnestMoney

Societies/Contractors

TimeLimit

Last date ofdownload oftenderdocument

Date & timeof openingof tender

Cost ofDocument

1 2 3 4 5 6 7 8

1 Renovation/Special repair ofGovt ModelSanskriti Senior

SecondarySchool, Sector-20, in PanchkulaDistrict (i/c Civil,P.H. & E.I.works).

Rs. 25.40lacs

Rs. 0.26Lacs /Rs.0.52 lacs

4 (Four)months

29.09.2014upto 16.30hrs.

30.09.2014at15.31 hrs.in the officeof HSSPP,

PKL.

Rs.5,000/-

1. Bidding Documents can be downloaded online from the Portalhttp://ssaharyana.etenders.in by the Societies / Contractors registered on the Portal.

2. As the Bids that are to be submitted online are required to be encrypted and digitally

signed, the Bidders are advised to obtain the same at the earliest. For obtaining Digital

Certificates, the Bidders may contact the representatives of Wipro / Nex Tenders, the

Service Providers of Electronic Tendering System.

3. Key Dates:

(i) Date and Time for Tender Download from : 09.09.2014- 20.01 Hrs. to 29.09.2014-

16.30 Hrs.

(ii) Date and Time for Bid Preparation and Hash Submission and making Online

Payment: from 09.09.2014 - 20:01 Hrs. to 29.09.201416.30 Hrs.

(iii) Close for bidding 29.09.201416.31 Hrs. to 30.09.2014 -20.00 Hrs.

(iv) Date and Time for Online Bid Submission (Decryption and Re-encryption): 29.09.2014

20.01 : Hrs. to 30.09.201415.30 Hrs.

(v) Last Date and Time of receipt of EMD envelope and other documents to be submitted

physically, if any: upto 30.09.2014-15:30 Hrs.

(vi) Date and Time for Opening of EMD and Technical Envelopes: 30.09.2014 -15:31

Hrs.

(vii) Date and Time for Opening of Price Bid: 09.10.201410.01 Hrs.


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4. Payment of Document Fee and EMD:

The Bidders can download the bidding documents from the Portal

http://ssaharyana.etenders.inTender Document Fees Rs. 5000/-has to be paid online

during the Bid Preparation and Hash Submission stage and Earnest Money Deposit has

to be submitted in a separate sealed EMD envelope in form of Bank Draft/DAC in favour

of the State Project Director, Haryana School Shiksha Pariyojna Parishad, Panchkula.

Desirous Contractors shall have to pay the Tender Document Fees mentioned against

the work at the time of Bid Preparation and Hash Submission stage. The EMD envelope

has to reach the concerned Office of Parishad on or before 30.09.2014 15:30 Hrs.

However, as the details of the EMD are required to be filled at the time of Bid

Preparation and Hash Submission stage, the Bidders are required to keep the EMD

ready appropriately.

5. The tender shall be submitted by the tenderer in the following three separate envelopes

online:

1. Earnest Money - Envelope 'ED'

2. N.I.T. and Technical Bid - Envelope 'T1'

3. Tender in FormA (Price Bid) - Envelope 'C1'

Note: Online Bidders are required to submit the physical EMD in a physical EMDEnvelope - ED and any other document related to Technical Bid whichcannot be submitted online in a physical Technical Envelope - T1. PriceBids are to be submitted mandatorily online and shall not be accepted inany physical form.

Reference of the EMD is to be mentioned online. Also, in case of TechnicalBids, the list of documents being submitted physically is to be uploadedonline.

Above envelopes, as applicable, shall be kept in a big outer envelope, which shall also be

sealed. In the first instance, the Envelope - 'ED' of all the Bidders containing the

Earnest Money shall be opened online and physically. If the Earnest Money is found proper,the Envelope 'T1' containing Technical Bid shall be opened in the presence of such contractors

who choose to be present. The Financial Offer in Envelope 'C1' shall be opened only if theTenderers meet the qualification criteria and availability of bid capacity as per qualificationcriteria of the Technical Bid document. The date of opening of Financial Bid shall be fixed atthe time of opening of Technical Bid.

The Contractual Agencies will submit the necessary documents as under.

Envelope A Earnest Money Deposit Envelope

Physical EMD Envelope - Earnest Money in shape of deposit at call/Bank Draft in the

name of State Project Director, HSSPP payable at Panchkula, Proof of enlistment as perrequirements of DNIT etc.


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Online EMD Envelope Reference details of the Earnest Money Deposit instrument and

scanned copy of the Earnest Money Deposit

Envelope B Technical Bid Envelope

Online Technical EnvelopeAll the information and scanned copies of the Documents /

Certificates as required to be submitted as per the Tender. Also, the list of such documents that

cannot be submitted online, if any.

Physical Technical EnvelopeAll the Information and Documents / Certificates as

required to be submitted as per the Tender that cannot be submitted online, if any.

Envelope C Price Bid Envelope

To be submitted onlineInformation related to Price Bid of the Tender

Both these Envelopes A and B shall be placed in another envelope of bigger size clearly

marking the name of agency & name of work. In case, the Bidders have submitted all the

information and documents / certificates required as a part of Technical Bid online, physical

Envelope B shall not be required. Envelope B will be only opened if the Contractual Agency

full fills conditions in Envelope A.

The Contractual Agencies can submit their tender documents (online and physical) as

per the dates mentioned in the Key Dates above

CONDITIONS:-

1) DNIT & Prequalification criteria can be seen on any working day during office hours in

office of Haryana School Shiksha Pariyojna Parishad (HSSPP), Shiksha Sadan, Sector-

5, Panchkula.

2) Conditional tenders will not be entertained & liable to be rejected.

3) In case of the day of opening of tenders happens to be holiday, the tenders will beopened on the next working day. The time and place of receipt of tenders and other

conditions will remain unchanged.

4) The undersigned reserve the right to reject any tender or all the tenders without

assigning any reason.

5) The societies shall produce an attested copy of the resolution of the Co-operative

department for the issuance of tenders.

6) The tender without earnest money will not be opened.

7) The jurisdiction of court will be at Chandigarh/Panchkula.

8) The tender of the bidders who does not satisfy the qualification criteria in the bid

documents are liable to be rejected summarily without assigning any reason and no

claim whatsoever on this account will be considered.

9) Notwithstanding any of the provisions of this document it is made clear that the

tenders will be received through e-tendering only.

Executive Engineer


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SECTION-2

Name of Contractor : _____________________________________________________________________

Name of Work:Renovation /Special repair of Govt Model Sanskriti Senior SecondarySchool , Sector-20, in Panchkula District (i/c Civil, P.H. & E.I. works).

Haryana School Shiksha Pariyojna Parishad (HSSPP) herein after called theParishad.

(Form F-1)PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

General Rules & Directions for the Guidance of Contractors

Rule- 1. All work proposed for execution by contract will be notified in a form of invitation

to tender pasted on a board hung up in the office of and signed by the Executive Engineer and

would also be advertised in the news papers as well.

This Form will state the work to be carried out, as well as, the date for

submitting and opening tenders and the time allowed for carrying out the work, also the

amount of earnest money to be deposited with tender and the amount of the security deposit,

to be deposited by the successful tender and the percentage, if any, to be deducted from bills

Copies of the specifications, designs and drawings, estimated rates/ Haryana PWD Schedule of

rates 1988 and any other document required in connection with the work, signed for the

purpose of identification by the Executive Engineer shall also be open for inspection by the

contractors at the office of the Executive Engineer during office hours.

Rule-2 In the event of the tender being submitted by a firm, 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.

Rule-3.No single tender shall include more than one work but contractors who wish to tender

for two or more works shall submit a separate tender for each. Tender shall have the name and

number of the work, to which they refer, written outside the envelope.

Rule-4.The Executive Engineer or his duly authorized assistant will open tenders in the

presence of any intending contractors or their authorized representatives or Agents who may be

present at the time, and will enter the amount of the several tenders in a comparative

statement in a suitable Form. In the event of a tender being accepted, a receipt for earnest

money forwarded there with shall there upon be given to the contractor who shall for the

purpose of identification sign. Copies of the specifications and other documents mentioned in

Rule 1. In the event of a tender being rejected, the earnest money forwarded with such

unaccepted tender shall there upon be returned to the tenderer concerned.

Rule-5.The State Project Director, HSSPP shall have the right of rejecting all or any of the

tenders.

Rule-6.The Parishad may refuse or suspend payments on account of a work when executed by

a firm or by contractors described in their tender as a firm, unless receipts are signed by all thepartners, or one of the partners, or some other person produces written authority enabling him

to give effectual receipt, on behalf of the firm.


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Rule-7. The receipt issued by an accountant or clerk for any money paid by the

contractor will not be considered as an acknowledgment of such payment to the Executive

Engineer unless the same is signed by the concerned Executive Engineer.

Rule-8 The memorandum of work tendered for and the memorandum of materials to be

supplied by Parishad and their issue rates, shall be filled in and completed in the Office of the

Executive Engineer before the tender form is issued. If a form is issued to an intending tender

without having been so filled in & completed he shall request the office to have this done before

he completes and delivers his tender.

Rule No.9: The tender shall not be burdened or loaded with any conditions. Only

premium or rebate shall be quoted. A conditional tender is liable to be rejected

out rightly at the discretion of the accepting authority. In the alternative, the

accepting authority may treat the conditions as nil and void and make a

counter offer to the tenderer to do the work and the premium or rebate quoted

by him without the condition. If the contractor who submitted the tenderrefuses to accept the said counter offer to do the work at the premium of rebate

quoted by him without the conditions within one week of the said offer having

been made by the accepting authority, the earnest money which accompanied

the tender shall stand forfeited and the contractor shall have not claim to the

same whatsoever.

Rule No.10: Any person who submits a tender shall fill up the usual printed

form stating the percentage above or below the ceiling rates at which he is

willing to undertake the work. Only one single rate of percentage above or below

on all items ( all Civil, Public Health and Electrical items including all N.S items

of civil, public health and electrical items ) shall be mentioned in the space

provided in the Tender Form. Any rate entered outside this space may render

the tender invalid. If contractor quotes more than one rate, in that case only

lower or lowest of the rates so quoted shall be considered and a counter offer

shall be made to him accordingly at the lowest of the rates quoted by him and

in the event of his not accepting the same the earnest money that accompanied

the tender shall stand forfeited and the contractor shall have no claim to the

same whatsoever.

Rule No.11: If any bidder completes the process of submitting the tenders

online in all respects, but does not submit the EMD or other documents,

required to be submitted manually on or before the due date of time, it will be

considered a malpractice on the part of the bidder and he will be debarred from

further tendering in the Parishad for a period of two years.

Executive Engineer


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TENDER FOR WORK (FORM OF BID)

I/We hereby tender for the execution for the Haryana School Shiksha Pariyojna Parishad

(HSSPP)(here in after referred to as Parishad ) works specified in the underwritten memorandum

within the time specified in such memorandum at:

(In figures) (In Words)

Percent ABOVE/BELOW the ceiling Rates worked out as under:-

(i) For all HSR Items---( HSR rates + approved premium as applicable on the date of tender)(ii) For N.S Items--- Rates provided in the bidding documents.

(The single percentage above or below shall be applicable for all HSR items and N.S items

of Civil, Public Health and Electrical works.)and in accordance in all respects with the

specifications, drawings and instructions in writing referred to in Rule 1-therof and in Clause II

of the annexed conditions and with such materials as are Provided for by the Engineer-in-

charge in all other respect in accordance with such conditions so far as applicable.

Enter both the rates in words and figures only in this space provided above. In the event

of variation of rate in words and figures, tender may be rejected or otherwise the lower

value only shall be considered. Only single percentage on all items of DNIT is to be

entered, in case more than one percentage is entered, the tender will be rejected.MEMORANDUM

a) General Description : Renovation /Special repair of Govt ModelSanskriti Senior Secondary School , Sector-20, in Panchkula District (i/c Civil, P.H. &E.I. works).

b) Estimated Cost: Rs.25.40 lacs

C)Earnest money : Rs 0.52 lacs /0.26 lacs (Contractor/Society)

d) Security Deposit 10% subject to a maximum of 5%

(including earnest money)

e) Percentage, if any, to be 10% subject to maximum of 5 % of the agreement

deducted from bill. amount.

f)Time allowed for the work

from date of allotment of work: 4 Months


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Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms andprovisions of the said conditions of contract annexed hereto so far as applicable or in defaultthereof forfeit to and pay to the Parishad or its successors in office, the sums of moneymentioned in the said conditions.

The sum of Rs.---------------------------- is herewith forwarded in call deposit receipt , demanddraft No.--------------------- Dated --------------as earnest money the full value of which is to be

absolutely forfeited by the Parishad or its successors in office, without prejudice to any otherrights or remedies of the said Parishad , or its successors in office should I/We fail tocommence the works specified in the above memorandum or otherwise the said sum of Rs.------------- shall be retained by the Parishad on account of the security deposit specified in clause 1of the said conditions of contract. Should I/We withdraw or modify the tender within the periodof bid validity, my/our earnest money will stand forfeited to the said Parishad.

(Signature of the Contractor)

Dated the ________ Day of________ 2014

WitnessOccupation

The above tender is hereby accepted by me for and on behalf of the Parishad.

Dated the_________ Day of___________ 2014

Signature of theOfficer by whom accepted


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SECTION-3 (i)

INSTRUCTIONS TO BIDDERS

General1.Brief particulars are listed below, However tender documents may be referred to for correct

appreciation of scope of work, conditions of contract, specifications etc.

1. Name of Work Renovation /Special repair of GovtModel Sanskriti Senior SecondarySchool, Sector-20, in PanchkulaDistrict (i/c Civil, P.H. & E.I. works).

2 Scope of work As per schedule attached.

3 Construction Period 4 (Four) Months

4 Estimated cost of the project Rs. 25.40 lacs

5 Validity of the tender 90 days after deadline date for

submission of tenders

6 Cost of tender documents (non refundable) Rs 5,000/-

7 Earnest Money to be accompanied with the

tender

Rs 0.52 lacs./ Rs 0.26 lacs from

Contractor/society

8 Security deduction from running bills 10% subject to a maximum of 5% of

the agreement amount.9 Defect Liability Period-cum-Maintenance

period

2 years ( Two years)

2. Important dates etc. in respect of this tender are listed below:-

1 Place of receipt of EMD and other

documents which are to be submitted

physically

O/o HSSPP, Shiksha Sadan, Sec-5,

Panchkula .

2 Date and Time for Opening of EMD and

Technical Envelopes

30.09.14 at 15.31 hrs.

3 Place of Opening of Bid 0/o Haryana School Shiksha Pariyojna

Parishad Shiksha Sadan , Sector -5,

Panchkula.

4 Date and Time for Opening of Price Bid: To be intimated later on

3. Tenders are available on the web sitehttp://ssaharyana.etenders.in


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4. Plans and detailed architectural drawings, structural drawings and

specifications can be seen in the office of the undersigned on any working day

during working hours.

5. The Jurisdiction of the courts shall be at Chandigarh/Panchkula.

6. In the case the day of opening of tenders happens to be a holiday, the tender will

be opened on the next working day at the same venue at the same time.

However, the time, date and place of receipt of tenders and other conditions will

remain unchanged.

7. Parishad reserves the rights to open or not to open any tender and to reject any

or all the tenders without liability whatsoever.

8. Canvassing of any kind is prohibited.

9. Bidding is open to all eligible bidders meeting the eligibility criteria. One bidder

can submit only one bid. All costs of preparing tender including visits to site and

carrying out investigation and research are to bidders account. The bidders are

advised to visit the site of works and inspect the drawings and specifications in

the office of the Parishad in their own interest and at their own cost.

10. Parishad may modify the bidding documents by using agenda before the

deadline for submission of bids. Any addendum thus issued shall become a part

of bidding documents.

Eligibility Criteria

11. Only those who are enlisted as Building contractor with any of the State

Govt./Central Govt. Departments/undertakings, Corporations etc. and satisfythe eligibility criteria specified in the bid documents are eligible for bidding.

Documents downloaded from internet

12. The Bidders can download the bidding documents from the Portal

http://ssaharyana.etenders.inTender Document Fees Rs. 5000/-has to be paid

online during the Bid Preparation and Hash Submission stage. Submission

received without this money shall not be entertained at all.

Procedure for submission of documents

13. The submissions shall be made in 2 sealed envelopes-Envelope A and Envelope

B, both these envelopes again being together put in another sealed envelope

shall be superscribed as tender for the and Name of Agency

clearly written on the envelope.

14. The Bidders can download the bidding documents from the Portal

http://ssaharyana.etenders.inTender Document Fees Rs. 5000/-has to be paid

online during the Bid Preparation and Hash Submission stage.

Envelope A Earnest Money Deposit Envelope

Physical EMD Envelope - Earnest Money in shape of deposit at call/Bank Draft in the name ofState Project Director, HSSPP payable at Panchkula, Proof of enlistment as per requirements of

DNIT etc.

Online EMD Envelope Reference details of the Earnest Money Deposit instrument and

scanned copy of the Earnest Money Deposit
http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/


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Envelope B Technical Bid Envelope

Online Technical EnvelopeAll the information and scanned copies of the Documents /

Certificates as required to be submitted as per the Tender. Also, the list of such documents that

cannot be submitted online, if any.

Physical Technical EnvelopeAll the Information and Documents / Certificates as

required to be submitted as per the Tender that cannot be submitted online, if any.

Envelope C Price Bid Envelope

To be submitted onlineInformation related to Price bid of the Tender.

Both these Envelopes A and B shall be placed in another envelope of bigger size clearly

marking the name of agency & name of work. In case, the Bidders have submitted all the

information and documents / certificates required as a part of Technical Bid online, physical

Envelope B shall not be required. Envelope B will be only opened if the Contractual Agency

full fills conditions in Envelope A.

15. The financial Envelope should not at all contain any condition etc.

Preparing Envelope B Documents

16. Documents mentioned in the letter Submissions for pre-qualifications should

be carefully attached and also listed in the list of enclosures at the end of the

letter.

17. Particular about the company and its promoters should be given in an

unambiguous manner.

18. Enlistment/registration certificates and the statement should clearly show the

validity, category and class of the registration and the particulars of the

registration/enlisting authority to enable verification.

19. Declaration regarding resources including the plant and machinery proposed to

be deployed should be given. For other submissions, any format can be adopted

by the bidder ensuring clarity of submissions amenable to clear interpretations.

In case of interpretation of documents/submissions being involved, the bidder

may not be given a chance to explain his submissions.

Procedure for opening of tender

20. On the due date and appointed time the Envelope A of all bids received would be

opened first in the presence of those authorized representatives of bidder who

choose to be present.

21. Bids of only those who are considered eligible / responsive for further process

shall only be opened.

22. Time table for opening of the financial bid or further direction/advice shall be

announced after opening the Envelope A submissions.


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Miscellaneous

23. Tenders submitted without earnest money shall not be opened and returned

unopened.

24. Conditional tenders will not be entertained at all and are liable to be rejected

summarily.

25. Bids which are dependent upon the quotations of other bids, shall be summarily

rejected.

26. There should not be any alternations in the bidding documents. In case any

alteration is found at any stage, the tender shall be liable for rejection summarily

without further appeal.

27. The interested agencies can submit the EMD and other documents in person or

through registered post (AD) or speed post ensuring that the same reaches the

appropriate authority at the appointed place before the deadline. Department

shall not be responsible for postal delays, if any. Reaching the EMD and other

documents to the appropriate authority is Bidders responsibility.

28. All pages of the tender should be signed by the bidder. Only single percentage is

to be quoted in figures as well as in words at the place provided for this

purpose. If there is discrepancy in the figures and the words, the rates given in

the words shall govern unless it is clearly repugnant in the context.

29. Defaulting agencies in respect of performance of the contract after its award

shall render them liable to be debarred from further tendering for a period of two

years besides the contractual remedies provided in the contract.30. Bidder must strictly abide by all the stipulations set forth while bidding for the

work. In case any bidder does not comply with the procedure prescribed, it may

be presumed that he is not interested in bidding and the work may not be let out

to him.

31. The tenders shall initial all corrections in his tender. None compliance with the

conditions will render the tender liable to rejection.

32 The contractor, whose tender is accepted will be required to execute a contract

deed on the conditions contained in the prescribed form mentioned above and

will be required to furnish security for the due fulfillment of his contract. The

security will consist of deduction of ten percent subject to a maximum of 5%

from the payments to be made on account of work done. The earnest money

mentioned above will be treated as part of the security.

33 The validity of the tender shall be 90 days.

34 Any tender with shorter validity than prescribed in the bidding documents will

be summarily rejected.


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35 Should the bidder modify or withdraw his bid during the

period of bid validity, his earnest money shall be forfeited out rightly.

36 Conditional tenders are liable to be rejected.

37 The Bidder, at his own cost, responsibility and risk, is encouraged to visit,

examine and familiarize himself with the site of works and its surroundings includingsource of earth, water, road, aggregates etc. and obtain all information that may be

necessary for preparing the bid and entering into a contract for construction of the works.

Particular attention may be given regarding availability of water. Water which is not suitable

for construction as per relevant IS Standards will not be allowed to be used under any

circumstances.

38 The Bidder in his own interest is advised to familiarize himself regarding rate of

taxes, duties, cess, surcharge etc. as applicable under this contract.

39The Parishad will reject a proposal for award if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in competing for the contract in

question and will declare the firm ineligible, either indefinitely or for a stated period of time,

to be awarded a contract with a Parishad.

40 A Bidder shall not be permitted to bid for works in the Parishad, if his or his spouses near

relative (defined as first blood relations, and their spouses) is posted as Gazetted Officer in

the Parishad.

Guidelines to Contractors using the Electronic Tendering System on the Portal

http://ssaharyana.etenders.in

41.1 These conditions will over-rule the conditions stated in the tender documents,wherever relevant and applicable.

41.2 Registration of the Contractors on the HSSPP websitehttp://ssaharyana.etenders.in:

All the contractors registered / intending to register with HSSPP,intending to buy the tender document online, are required to register for Electronic

Tendering on the website http://ssaharyana.etenders.in in order to participate in thetenders floated using the Electronic System.

The contractors registered with other departments electronic systemswho are also eligible to participate in the Parishad tenders are also required to beregistered on the Electronic System in GENERAL category.

For more details, please see the information in Registration Info link on

the home page.41.3 Obtaining a Digital Certificate:

The bids submitted online should be signed electronically with a Digital Certificate toestablish the identity of the bidder bidding online. These Digital Certificates are issued

by an approved certifying authority, authorized by the controller of CertifyingAuthorities, Government of India.
http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/http://ssaharyana.etenders.in/


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A Digital Certificate is issued upon receipt of mandatory identity proofs andverification letters attested by the banker with whom the contractor maintains theaccount with. Only upon the receipt of the required documents, a digital certificate canbe issued.

The registered contractors may obtain Class(II)B digital certificates from any CertifyingAuthority or Sub-certifying Authority authorised by the Controller of CertifyingAuthorities or may obtain information and application format and documents requiredto issue of digital certificate from:

1. Nex Tenders (India) Pvt. Ltd.

YUCHIT, Juhu Tara Road,

Mumbai400 049

Email:[email protected]

Contact : 0-98150-34028, 0-98722-52144, 0-81464-40101.

2. The registered contractors may obtain the digital certificates from anyother Certifying Authority or Sub-certifying Authority authorised by theController of Certifying Authorities, Government of India.

Bid for a particular tender may be submitted only using the digital certificate, which isused to encrypt the data and sign the hash during the stage of bid preparation and

hash submission. In case, during the process of a particular tender, the user looses hisdigital certificate (i.e. due to virus attack, hardware problem, operating system problem);he may not be able to submit the bid online. Hence, the users are advised to back up tocertificate and keep the copies at safe place under proper security to be used in case ofemergencies.In case of online tendering, if the digital certificate issued to the authorised user of afirm is used for signing and submitting a bid it will be considered equivalent to a no-

objection certificate/power of attorney to that user. The firm has to authorize a specificindividual via an authorisation certificate signed by all partners to use the digital

certificate as per Indian Information Technology Act 2000. Unless the certificate isrevoked, it will be assumed to represent adequate authority of the user to bid on behalfof the firm for Parishad tenders as per Information Technology Act 2000. The digitalsignature of this authorized user will be binding on the firm. It shall be theresponsibility of management/partners of the registered firm to inform the certifyingauthority or Sub Certifying Authority, if the authorized user changes, and apply for afresh digital certificate and issue a authorization certificate for the new user. Theprocedure for application of a digital certificate will remain the same for the new user.

The same procedure holds true for the authorized users in a private/public limitedcompany. In this case, the authorization certificate will have to be signed by the

directors of the company.

41.4 Opening of an Electronic Payment Account:

For purchasing the tender documents online, contractors are required to pay the tenderdocument fees Online using the electronic payments gateway service as mentioned inthe NIT.

Following modes of electronic payments are accepted on the electronic tenderingsystem,

a. Credit Cards - Electronic Credit Card Transactions

through the following Credit Card types are supported: Master

Card / VISA / American Express / Diners club International /

JCB Cards / Citibank E-Cards
mailto:[email protected]:[email protected]


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b.

Internet Banking - Electronic Internet Banking

Transactions through Internet Banking Accounts of the following

Banks are supported:HDFC Bank / Citibank / ICICI Bank / IDBI

Bank / UTI Bank / Oriental Bank of Commerce Global Trust

Bank / Federal Bank / Centurion Bank of Punjab Ltd. / IndusInd

Bank / Kotak Mahindra Bank / Punjab National Bank

41.5 Set up of machine

In order to operate on the electronic tender management system, a users machine isrequired to be set up. A help file on setting up of the system can be obtained fromNexTenders (India) Pvt. Ltd. Or downloaded from the home page of the website -

http://ssaharyana.etenders.in

41.6 Online Viewing of Detailed Notice Inviting Tenders:

The contractors can view the detailed N.I.T. and the detailed time schedule (Key Dates)

for all the packages floated using the electronic tendering system on the Parishadwebsite http://ssaharyana.etenders.in.

41.7 Purchase of Tender Documents:

a) Online Purchase / Download of Tender Document: The tender documents can only

be downloaded from the electronic tendering website http:

//ssaharyana.etenders.inafter logging in with a valid Username and Password. It is to

be noted that it is mandatory that the tender document is downloaded from the

electronic tendering website to be able to submit electronic bids. The payment of the

Tender Document Fee has to be made only if the Bid is being submitted. The last date of

the submission of the Tender Document Fee is as indicates in Notice Inviting Tenders.

Clarification of Bidding Documents and Pre-bid Meeting

41.8 In case Online Query processing facility of online bidding is functional:

This facility is not available.

41.9 Submission of Bid Seal (Hash) of online bids:

Submission of bids will be preceded by submission of the digitally signed bid seal (Hash)as stated in the tender time schedule (Key Dates) published in the N.I.T. Theinformation related to bids should be filled in or uploaded in the available templatesunder each envelope. After filling templates/ uploading documents online, the hash of

each envelope is required to be generated and digitally signed by a digital certificate ofthe person duly authorised to sign on behalf of the bidder.

41.10 Generation of Super Hash: After the time of submission of Bid Seal (Hash) by thecontractors has lapsed, the bid round will be closed and a digitally signed tender SuperHash will be generated by authorised Parishad official. This is equivalent to sealing thetender box.


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41.11 Submission of actual online bids:Contractors have to submit their encrypted bids online and upload the relevant

documents for which they generated the hash at the stage of hash generation and submissionafter the generation of Super Hash within the date and time as stated in the Notice InvitingTenders (Key Dates). The electronic bids of only the contractors who have submitted their bidseals (hashes) within the stipulated time, as per the tender time schedule (Key Dates), will beaccepted by the system. A contractor who does not submit his bid seal (hash) within the

stipulated time will not be allowed to submit his bid.

Note: The Bidder shall fill/ upload the information related to bids in the available

templates under two separate envelopes marked TI and CI. After filling templates/uploading documents online, the hash of each envelope is required to be generated and tobe digitally signed. The documents that can not be submitted online should be submittedas in manual Bids in the relevant physical envelopes. The physical envelope should besubmitted before the end time and date of the stage Reencryption and Submission ofBid Data as indicated in the Notice Inviting Tenders. In case of online Bids, noinformation related to Financial Bid shall be accepted manually.

41.12 Submission of Cost of Bid Documents and Bid Security:(a) The payment can be made by eligible contractors online directly

via Credit cards/ Internet Banking Accounts/ Cash cards. The contractors have topay for the tender documents online by making online payment of tender documentfees using the service of the secure electronic payment gateway. The secureelectronic payments gateway is an online interface between contractors and creditcard/online payment authorization networks.

(b) The EMD payment in the form of Bank Draft/DAC in favour ofState Project Director, Haryana School Shiksha Pariyojna Parishad, Panchkula is tobe submitted physically in a sealed physical envelope and the same should reachthe office of Parishad as mentioned in the Tender Notice. EMD in any other formshall not be accepted.

41.13 Opening of Electronic Bids:

Electronic bid of contractors, whose cost of bid documents and bid security have beenreceived before stipulated time, will only be opened.The online bid data will be then opened through the websitehttp://ssaharyana.etenders.in. The hashes of each bid will be matched with the hashgenerated and submitted during the stage Bid Preparation and Hash Submission. Inthe event of a mismatch, the bid in question will be liable for a due process ofverification by Parishad.

41.14 Key Dates:

The contractors are strictly advised to follow dates and times as indicated in the NoticeInviting Tenders. The date and time as indicated in the top-right of the web-page is thesystem time and will be binding on all contractors. All online activities are time tracked

and the system enforces time-locks that ensure that no activity or transaction can takeplace outside the start and end dates and time of the stage as defined in the NoticeInviting Tenders.

41.15 Online query system is not functional for this package

41.16 In case there is any contraction in tender proven the instructions contained inguidelines to e-tendering will prevail.

41.17 : If any bidder completes the process of submitting the tenders online in allrespects, but does not submit the EMD or other documents, required to be submittedmanually on or before the due date and time, it will be considered a malpractice on thepart of the bidder and he will be debarred from further tendering in the Parishad for aperiod of two years.

Executive Engineer,HSSPP
http://ssaharyana/http://ssaharyana/


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SECTION-3 (ii)

ELIGIBILITY FOR PRE-QUALIFICATION FOR AWARD OF CONTRACT

(1) To qualify for award of the Contract, each Bidder in its name should have in the last

seven years i.e. 2007-2008 to 2013-2014.

a) The applicant should have satisfactorily completed at least three similar works costing each

not less than amount equal to 25% of cost of work or two similar works each costing not

less than 33.3% of cost of work or one similar work costing not less than 40% of cost of

work of buildings project during the last seven years. Cost of work shall mean gross value of

the completed work including the cost of materials supplied by the Govt. Client, but

excluding those supplied free of cost. This should be certified by an officer not below the

rank of Executive Engineer, /Project Manager or equivalent (calculated on the basis of 10%

value added compounded per year).

b) The applicant should have had minimum annual financial turnover of 30% of cost of work in

any one financial year during last three years. This should be duly audited by a Chartered

Accountant (10 % compounded value per year to be added)

Note:- Only building work will be considered as similar work . Any other type of work will

not be considered as similar work. The works executed for State Governments/CenterGovernment Departments, and their Board and Corporations, undertaking etc. shall only

be considered.


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List of Key plant & Equipment to be deployed on this work.

Sr. No. Item of Equipment Requirement

1 Concrete mixer As per requirement

2 Concrete vibrator (Skin) 2 Nos.

3 Needle vibrator 5 Nos.

4 Plate compactor 1 No.

5 Tipper/Dumper Optional as required/4.5 cum

(Min.)

6 Compressor Optional as required/

7 Generator 1 No.

8 Bar bending Machine 1 No

9 JCB Optional as required

10 Hydraulic lift/ordinary lift As recovered

QUALITY CONTROL LAB EQUIPMENT:-

Sr. No. Item of Equipment Requirement

1 Sieves required for Coarse Aggregate

& fine aggregate

1 Set

2 Impact value testing equipment 1 Set

3 Cube Moulds 20 Nos.

4 Slump Test 2 Nos

5 Compression testing machine

(Automatic recording-AIMIL or

equivalent make)

1 No

6 Electronics Weighing Machine 10 Kg capacity (1 No)

7 Water testing equipment meter 1 No

8 Electronic Moisture meter 1 No

9 Any other equipment required at site for quality control by the Engineer-in-

charge.

If the contractual agency fails to bring any of the quality control lab equipment as

mentioned above, the item will be arranged by the Department and recovery shall be made from

the contractors bill @ double the cost of that item.


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QUALIFICATION INFORMATION

This information to be filled in by the Bidder in the following pages will

be used for purposes of post qualification as provided in the Bid documents.

This information will not be incorporated in the Contract.

1 Constitution or legal status of Bidder : __________________________

[Attach Copy]

Place of registration : __________________________

Power of attorney of signatory of Bid : __________________________

1.2 Total value of Civil Engineering

Construction work executed and payment

received in the last three years (in Rs. 2011-2012

Lacs)(Attach certificates from 2012-2013

Chartered Accountant) 2013-2014

1.3 Work performed as prime contractor (in the same name) on works of similar

nature over the last seven years.

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

ProjectName

Name ofEmployer

DescriptionWork

ContractNo.

Value ofcontract(Rs.

Crores)

Dateofissue

ofworkorder

Stipulatedperiod ofcompletion

Actualdate ofcompl

etion

Remarksexplainingreasons

for delay


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2.0 Bidders should provide any additional information required to fulfill the requirements.

Note: 1. The Employer shall have the authority to get the statements/submissions

furnished by the bidders verified from the concerned officers/offices.

2. Bidders making false or misleading representations or submissions in the

forms, Statements and attachments submitted in proof of qualification

requirement shall be debarred from future tendering and shall also be

blacklisted in addition to disqualification for the work apart from forfeiture

of earnest money.


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SECTION-4 (i)

CONDITIONS OF CONTRACT

1. The person/ persons whose tender may be accepted (hereinafter called the

Contractor) shall permit Parishad at the time of making any payment to him for

work done under the contract to deduct such sum as will (with the earnest money

deposited by him) amount to 10% subject to a maximum of 5% of all moneys so

payable. Such deductions shall be held by Parishad by way of security deposit. All

compensation or other sums of money payable by the Contractor to the Parishad

under the terms of this contract may be deducted from the security deposit

account or from any sums which may be due or may become due to the

Contractor by Parishad on any account whatsoever. In the event of his security

deposit being reduced by reason of any such deduction, the Contractor shall

within ten days thereafter make good in cash any sum or sums which may have

been deducted from his security deposit.

2. The time limit for completion of work will be 4 Months from the date of allotment

of work. The time allowed for carrying out the work as entered in the tender shall

be strictly observed by the contractor. The work shall throughout the stipulated

period of the contract be proceed with all due diligence (time being deemed to be

the essence of the contract on the part of the contractor) and the contractor shall

pay as compensation an amount equal to 0.5% (half percent) of the agreement

amount, rounded off to the nearest thousand, per week or part thereof for the

period that the completion date is later than the intended completion date.

Liquidated damages at the same rate shall be withheld if the contractor fails to

achieve the milestones given below. However in case the Contractor achieve the

next milestones the amount of the liquidated damages already withhold shall be

restored to the contractor by adjustment in the next payment certificate. The total

amount of the liquidated damages shall not exceed 10% (Ten percent) of the

agreement amount . The Employer may deduct liquidated damages from payments

due to the contractor. Payment of liquidated damages shall not affect the

Contractors other liabilities.

The milestones to be achieved:

1. 1/8thof the entire contract work up to 1/4thof the period allowed for completionof work.

2. 3/8thof the entire contract work up to of the period allowed for completion ofwork.

3. 3/4th

of the entire contract work up to 3/4 of the period allowed for completion ofwork.If the Intended Completion date is extended after liquidated damages have beenpaid, the Parishad shall correct any overpayment of liquidated damages by thecontractor by adjusting the next payment certificate.


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The Intended Completion date is the date on which it is intended that thecontractor shall complete the works. The intended completion date may be revisedby issuing an extension of the time.

3. In any case, in which under any clause or clauses of this contract the Contractor

has rendered himself liable to pay compensation amounting to the whole of his

security deposit (whether paid in one sum or deducted by installments), the

Executive Engineer on behalf of the Parishad shall have power to adopt any offollowing course as he may deem best suited to the interest of Parishad.

(a) To rescind the contract of which rescission notice in writing to theContractor under the hand of the Executive Engineer dispatched byregistered post to the address of the Contractor given in the Tender shall beconclusive evidence and in which case the security deposit of theContractor shall stand forfeited and be absolutely at the disposal ofGovernment.

(b) To employ labour and to supply materials to carry out the work, or anypart of the work debiting the Contractor with the cost of the labour and the

price of the materials and crediting him with the value of the work done atthe same rates as if it had been carried out by the Contractor under theterms of his contract. The certificate of the Executive Engineer as to thevalue of the work done, and quantity, rate & amount of the labour andmaterial employed for doing the work shall be final and conclusive againstthe Contractor.

(c) To measure the work of the Contractor and to take such part there-of asshall be unexecuted out of his hands and to give it to another Contractor tocomplete. In such case, any expends which may be incurred in excess ofthe sum which would have been paid to the original Contractor shall beborne and paid by the original Contractor. Certificate in writing of theExecutive Engineer in respect of work taken out of the hands of originalContractor, and the excess expenditure incurred shall be final and

conclusive. This money may be deducted from any money due to him byGovernment under the contract or otherwise or from his security deposit.In the event of any one or more of the above courses being adopted by theExecutive Engineer, the Contractor shall have no claim to compensation forany loss sustained by him by reason of his having purchased or procuredany material or entered into any engagement or made any advances onaccount of or with a view to the execution of the work for the performanceof the contract.In case the action is taken under any of the provisions aforesaid, the

Contractor shall not be entitled to recover or be paid any sum for any workactually executed under the contract, unless and until the ExecutiveEngineer will have certified in writing the performance of such work andthe value payable in respect thereof and he shall only be entitled to be paid

the value so certified.

4. In any case in which any of the powers conferred upon the Executive Engineer byclause 3 hereof, shall have become exercisable and the same shall not beexercised, the non-exercise thereof shall not constitute a waiver of any of theconditions hereof and such power shall notwithstanding be exercisable in theevent of any future case of default by the Contractor and the liability of the

Contractor for past and future compensation shall remain unaffected.

In the event of the Executive Engineer exercising either of the power (a) or (c)vested in him under the preceding clause he may, if he so desires, take possessionof all or any tools, plants materials and stores in or upon the works, or the sitethere of belonging to the contractor or procured by him and intended to be usedfor the execution of the work or any part thereof paying or allowing for the same in

account at the contract rates or in case of these not being applicable at currentmarket rates to be certified by the Executive Engineer whose certificate thereofshall be final.


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Otherwise the Executive Engineer may by notice in writing to the Contractor orhis clerk of the works, foreman or other authorized agent require him to removesuch tools and plant material or stores from the premises within a time to bespecified in such notice. In the event of the Contractor failing to comply with anysuch requisition, the Executive Engineer may remove them at the Contractor'sexpense or sell them by auction or private sale on account of the Contractor and athis risk in all respects and the certificate of the Executive Engineer as to theexpense of any such removal and the amount of the proceeds and expenses of any

such sale be final and conclusive against the Contractor.5. If the Contractor shall desire an extension of time for the completion of the work

on the grounds of his having unavoidable hindrance in its execution or on anyother ground, he shall apply in writing to Executive Engineer within 30 days of thedate of the hindrance, on account of which he desires such extension as aforesaid.The Parishad shall, if in its opinion (which shall be final) reasonable grounds beshown there-for, authorize such extension of time, if any, as may, in its opinion benecessary or proper.

5.A Contractor shall deliver in the office of the Executive Engineer, on or before the10th day of every month, a return showing details of any work claimed for asextra and such return shall also contain the value of such work as claimed by theContractor, which value shall be based upon the rates and prices mentioned in thecontract or in the Haryana Schedule of Rates read with the premiums fixed by theCentral Zonal Committee on the approval of Direction Committee of ChiefEngineers as in force on the date of submission of the tender (these twodocuments read together to be hereinafter referred as HSR). The Contractor shallinclude in such monthly return particulars of all claims of whatever kind andhowever arising which at the date thereof he has or may claim to have against theGovernment under or in respect of or in any manner arising out of the execution ofwork. The Contractor shall be deemed to have waived all claims not included insuch return and will have no right to enforce any claims not so includedwhatsoever be the circumstances.

6. Within 10 days of the completion of the Work, the contractor shall give notice ofsuch completion to the Engineer-in-charge. Within 30 days of such notice theEngineer-in-charge shall get the work inspected. If there is no defect in the work,he without prejudice to the right of Parishad under any clause thereinafter

contained shall furnish the Contractor with a certificate of completion, otherwise aprovisional certificate of completion indicating (a) defects to be rectified and/ or (b)for which payment shall be made at reduced rates shall be issued. But nocertificate of completion, provisional or otherwise, shall be issued, nor the workshall be considered to be complete until the Contractor shall have removed fromthe premises all scaffolding, surplus material, rubbish etc. and cleaned off dirtfrom all wood work, doors, windows, walls, floors etc. and not until the Work shallhave been measured by the Engineer-in-charge. If the Contractor shall fail tocomply with the requirements of this clause on or before the date fixed forcompletion of the work, the Engineer - in charge may, at the expense of theContractor, clean off such dirt as aforesaid and remove such scaffolding, surplus

materials, rubbish etc. and dispose off the same as he thinks fit. The Contractorshall pay forthwith the amount of all expenses so incurred. Further, the

Contractor shall have no claim in respect of any such scaffolding or surplusmaterials as aforesaid except for any sum actually realized by the sale thereof.

7. The Contractor shall, on submitting bill there-for, be entitled to receive a monthlypayment proportionate to the part thereof then executed to the satisfaction of the

Engineer - in charge, whose certificate of the sum so payable shall be final andconclusive against the Contractor. All such intermediate payments shall beregarded as payments by way of advance against the final payment only and notas payments for work actually done and completed. The running/ interimpayments shall not preclude the requiring of bad, unsound and imperfect orunskillful work to be removed and taken away and reconstructed or re-erected.Nor shall it be considered as an admission of the due performance of the contractor any part thereof in any respect or the accruing of any claim of the Contractor.

Nor shall it conclude, determine, or affect in any way the powers of the Engineer-in-charge under these conditions or any of them as final settlement andadjustment of the accounts or otherwise or in any other way vary or affect thecontract.


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8. A bill shall be submitted by the Contractor each month on orbefore the date fixed by the Engineer - in charge for the work executed in theprevious month. The Contractor shall submit all bills on the printed formsavailable with the department. The charges in the bills shall always be entered atthe rates specified in the tender. In case of any extra work ordered in pursuance ofthese conditions, and not mentioned or provided for in the tender, at the rateshereinafter provided for such work. Final bill in respect of the Contract shall besubmitted by the Contractor within 30 days of the date fixed for completion of theWork or the date of the certificate of completion furnished by the Engineer-in-charge. Engineer - in charge shall take or cause to be taken the requisitemeasurements for the purpose of having the same verified and the claim, as far asadmissible, if possible, before the expiry of 10 days from the presentation of thebill. If the Contractor does not submit the bill within the time fixed as aforesaid,the Engineer-in-charge may depute a subordinate to measure up the said work inthe presence of the Contractor, whose countersignature to the measurement listwill be sufficient warrant. The Engineer - in - charge may prepare a bill from suchlist which shall be binding on the Contractor in all respects.

If the Contractor fails to attend at the measurements, or fails to countersign or torecord the difference within 7 days from the date of measurement in the manner

required by the Engineer-in-charge, then measurements taken by the Engineer-in-

charge or by the subordinate deputed by him, as the case may be, shall be finaland binding on the Contractor and the Contractor shall have no right to disputethe same.

Any excess payment made to the Contractor inadvertently or otherwise under thiscontract or any account whatever and any other sum to be due to Government bythe Contractor in respect of this contract or any other contract or any othercontract or work order or on any account whatever may be deducted from sumwhatever payable by Government to the Contractor either in respect of thiscontract or any work order or contract or any other account by any otherdepartment of the Government.

9. The contractor shall submit all bills on the printed forms to be had on applicationat the office of the Engineer-In-Charge, and the charges in the bill shall always be

entered at the rates specified in the tender or in the case of any extra work orderedin pursuance of these conditions, and not mentioned or provided for in the tenderat the rates hereinafter provided for such work.

10. If it is required that the Contractor shall use certain store to be provided by theEngineer - in charge, the Contractor shall be supplied with such materials andstores at such prices as specified in the Schedule attached hereto. The Contractorshall be supplied with such materials and stores required from time to time to beused by him for the purpose of the contract only, and the value of the full quantityof materials and stores so supplied at the rates specified is the said Schedule maybe set off or deducted from any sums then due or thereafter to become due to theContractor under the contract, or otherwise against or from the security deposit.All materials supplied to the Contractor shall remain the property of theContractor, but shall not on any account be removed from the site of the workwithout the written permission of the Engineer - in - charge, and shall at all timesbe open to inspection by him. Any such materials remaining unused and inperfectly good condition at the time of the completion of the contract, shall bereturned to the Engineer - in - charge's store. But the Contractor shall not beentitled to return any such materials unless the Engineer-in-charge consents suchreturn, and shall have no claims for compensation on account of any suchmaterials so supplied to him as aforesaid being unused by him, or for any wastageor damage to any such materials.

11. The Contractor shall execute the whole and every part of the work in mostsubstantial and workman like manner and both as regards materials andotherwise in every respect in accordance with the specifications. The Contractorshall also conform exactly fully and faithfully to the designs, drawings and

instructions in writing relating to the work signed by the Engineer - in chargeand lodged in the office and to which the Contractor shall be entitled to haveaccess at such office, or at the site of the work for the purpose of the inspectionduring office hours. The Contractor shall, if he so requires, be entitled at his own


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expense to make or cause to be made copies of the specifications, and of allsuch designs, drawing and instructions as aforesaid.

11.A. The Engineer-in-Charge shall have full powers, at all times to object of theemployment of any workman, foreman, or other employee on the works by the

contractor and if the contractor shall receive notice in writing from the Engineer-in-Charge requesting the removal of any such man or men from the work thecontractor shall comply with the request forthwith.

No such workman, foreman or other employee after his removal from the

works by request of the Engineer-in-Charge shall be re-employed or reinstated onworks by the contractor at any time, except with the previous approval in writingof the Engineer-in-Charge.

The contractor shall not be entitled to demand the reason from theEngineer-in-Charge for requiring the removal of any such workman, foreman orother employees.

12. The Engineer - incharge shall have power to make any alteration in, omissionsfrom, addition to or substitutions for the original specifications, drawing designsand instructions that may appear to him to be necessary or advisable during theprogress of the work. The Contractor shall be bound to carry out the work

in accordance with such instructions given to him in writing signed by theEngineer - in charge. Such alterations, omissions, additions or substitutionsshall not invalidate the contract. Such altered, additional or substituted workwhich the Contractor may be directed to do in the manner above specified as partof the work shall be carried out by the Contractor on same conditions in allrespects on which he agreed to do the main work. The time for the completion ofthe work shall be extended in the proportion the altered, additional or substitutedwork bears to the original contract work and the certificate of the Engineer - in -charge shall be conclusive as to such proportion.

The rates for such altered, additional or substituted work under this clauseshall be worked out in accordance with the following provisions in their respectiveorder:

a) If the rates for altered, additional 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 thecontract for work.

b) If the rates for the altered, additional or substituted work are not

specifically provided in the contract for the Work, the rates will be derivedfrom the rates for a similar class of work as are specified in the contract forthe work.

c) If the altered, additional or substituted work includes any work for whichno rate is specified in the contract and cannot be derived from the similarclass of work in the contract, then such work shall be carried out at theHSR rates subject to the same percentage above or below as the total

tendered amount bears to the estimated cost of the entire Work put to

tender.

d) If the rates for the altered, additional or substituted work cannot bedetermined in the manner specified above then the Contractor shall, within7 days of the date of receipt of order to carry out the work, inform the

Engineer - in - charge of the rate which he intends to charge for such classof work. If the Engineer - incharge does not agree with this rate, he shallby notice in writing be at liberty to cancel his order to carry out such classof work and arrange to carry it out in such manner as he may consideradvisable provided always that if the Contractor shall commence work orincur any expenditure in regard thereto before the rates shall have beendetermined lastly herein before mentioned, then and in such case he shall

be entitled to be paid in respect of the work carried out or expenditureincurred by him prior to the date of determination of the rates as aforesaidaccording to such rate or rates as shall be fixed by the Engineer-in-charge.

In the event of a dispute the decision of the Parishadshall be final.


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13. If at any time after the commencement of the work, theParishad shall for any reason whatsoever not require the whole work, or partthereof, as specified in the contract to be carried out, the Engineer - in - chargeshall give notice in writing of the fact to the Contractor who shall have no claim tohave any payment or compensation whatsoever on account of any profit oradvantage, which he might have derived from the execution of the work in full,that which he did not derive in consequence of the full amount of the work nothaving been carried out. The Contractor shall also not have any claim for

compensation by reason of any alterations having been made in the originalspecifications, drawings, designs and instructions which shall involve anycurtailment of the work as originally contemplated.

14. If it shall appear to the Engineer - in - charge or his subordinate-in-charge of thework, that any work has been executed with unsound, imperfect or unskillfulworkmanship or with materials of any inferior description, or that any materials orarticles provided by him for the execution of the Work are unsound or of a qualityinferior to that contracted for or otherwise not in accordance with the contract, theContractor shall, on demand in writing which shall be made within 6 months ofthe completion of the Work from the Engineer - in - charge specifying the work,

materials or articles complained of, notwithstanding that the same may have beenpassed, certified and paid for, forthwith rectify or remove and reconstruct the workso specified in whole or in part, as the case may require or as the case may be,remove the materials or articles so specified and provide other proper and suitablematerials or articles at his own proper charge and cost. In the event of his failingto do so within a period to be specified by the Engineer - in - charge in his demandaforesaid, the Contractor shall be liable to pay compensation at the rate of 1% ofthe estimated cost of the Work (as shown in the tender) for every day not exceedingten days, while his failure to do so shall continue. In the case of any such failure,

the Engineer - in - charge may rectify or remove and re-execute the work orremove and replace with others, the materials or articles complained of, as thecase may, be at the risk and expense in all respects of the Contractor.

15. All work under or in course of execution or executed in pursuance of the contractshall at all times be open to the inspection and supervision of the Engineer - in -charge and his subordinates and the Contractor shall at all times, during the

usual working hours, and at all other times at which reasonable notice of theintention of Engineer - in - charge or his subordinate to visit the Work shall havebeen given to the Contractor, either himself be present to receive orders andinstructions or have a responsible agent duly accredited in writing present for thatpurpose. Orders given to the Contractor's agent shall be considered to have thesame force as if they had been given to the Contractor himself.

16. The Contractor shall give not less than 7 days notice in writing to the Engineer -in - charge or his subordinate-in-charge of the work before covering up orotherwise placing beyond the reach of measurement any work in order that the

same may be measured and correct dimensions thereof be taken before the sameis so covered up, placed beyond the reach of measurement, and shall not cover upor place beyond the reach of measurement any work without the consent in

writing of the Engineer - in - charge or his subordinate - in - charge of the work. Ifany work shall be covered up or placed beyond the reach of the measurementwithout such notice having been given or consent obtained the same shall beuncovered at the Contractor's expenses or in default there of no payment ofallowances shall he made for such work or the materials with which the same wasexecuted.

17. If the Contractor or his workers shall break, deface, injure or destroy any part ofbuilding in which they may be working, or any building, road kerb, fence,enclosure, water pipe, cables, drains, electric or telephone posts or wires, trees,grass 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 inprogress from any cause what ever or if any defect, shrinkage or other faults of

imperfections appear in the Work within 12 months after a certificate final orotherwise of its completion shall have been given by the Engineer - in charge asaforesaid, the Contractor shall, upon a receipt of a notice in writing in that behalf,make the same good at his own expense. In default, the Engineer - in - charge may


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cause the same to be made good by other workmen and deduct the expensefrom any sums that may be then, or at anytime thereafter may become due to theContractor, or from his security deposit or the proceeds of sale thereof or of asufficient portion thereof.

18. The Contractor shall supply at his own cost all materials (except such specialmaterials, if any as may in accordance with the Contract be supplied fromEngineer-in-charges stores), plant, tools, appliances, implements, ladders,cordage, tackle, scaffolding and temporary works requisite for proper execution of

the work, whether original, altered or substituted and whether included in theSpecifications or other documents forming part of the Contract referred to in theseconditions or not or which may be necessary for the purpose of satisfying orcomplying with requirements of the Engineer-in-charge as to any matter as towhich under these conditions he is entitled to be satisfied or which he is entitled

to require together with carriage there-for to and from the work. The Contractorshall also supply without charge the requisite number of persons with the meansand materials necessary for the purpose of setting out work and counting,weighing and assisting in the measurement or examination at any time and fromtime to time of the Work or materials. Failing his so doing the same may beprovided by the Engineer in charge at the expense of the Contractor and theexpenses may be deducted from any money due to the Contractor or from his

security deposit or the proceeds of sales thereof or of sufficient contract portionthereof. .

The Contractor shall also provide all necessary fencing and lights required toprotect the public from accident. He shall be bound to bear the expenses ofdefense of every suit, action or other proceedings, at law that may be brought byany person for injury sustained owing to neglect of the above precautions and topay any damages and costs which may be awarded in any such suit, action orproceedings to any such persons or which may with the consent of the Contractorbe paid to compromising any claim by any such person.

18.A The final bill of the contractor shall not be paid unless or until he furnishes to thesatisfaction of the Engineer-in-Charge a proof of the price of the earth used for theworks having been fully paid to the owners of the land from which the earth was

removed or of the matter having been amicably settled with them. The contractorshall also be liable to indemnity the Government against all claims madeproceedings and action taken by any person in respect of the price of the earthremoved by the contractor from his land for the work against all losses, damagescost and expenses which the Government may suffer or incurred as a result of asuch claims.

19. The Contractor shall, unless otherwise provided in the contract, make his ownarrangements for the engagement of all staff and labour and for their payment,housing, feeding and transport. The Contractor, shall if required by the Engineer-in-charge, deliver him a return in detail at specified intervals showing the staff andthe numbers of several classes of labour from time to time employed by theContractor for the Work. The Contractor shall abide at all times by all applicablelabour laws and rules made there-under, regulations, notifications and bye-laws of

the State or Union Government or Local Authority. The Contractor shall keep theParishad indemnified in case any action is taken against the Parishad on accountof contravention of any of the provisions of any Act or rules or regulations etc. TheEngineer - in charge shall have full powers, at all times, to object to theemployment of any staff or workman on the Works by the Contractor. If theContractor shall receive notice in writing from the Engineer - in - chargerequesting the removal of any such person or persons from the work, the

Contractor shall comply with the request forthwith. No such person shall be re-employed or reinstated on works by the Contractor at any time except with theprevious approval in writing of the Engineer - in - charge. The Contractor shall not

be entitled to demand the reason from the Engineer - in charge for requiring theremoval of any such person.

20. In every case in which by virtue of the provisions of section 12 sub section (1) ofthe workmans Compensation Act, 1923 (with latest revisions/amendments)Government is obliged to pay compensation to a workman employed by thecontractor in execution of works, Parishad will recover from the contractor the


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amount of the compensation to be paid and without prejudice to the rights ofParishad under Section 12 sub section (2) of the Act, Parishad shall be at liberty torecover such amount of any part Contract may be rescinded and securitydeposited forfeited for inbletting bribing or if contract becomes insolvent.

Parishad shall not be bound to contest any claim made against it under section 12sub section (1) of the said Act, except on the written request of the contractor andupon his giving to Parishad full security for all cost for which Parishad mightbecome liable in consequence of contesting such claim.

21. The contract shall not be assigned or sublet without the written approval of theEngineer - in - charge. And if the Contractor shall assign or sublet his contract orattempt to do so or become insolvent or commence any in-solvency proceedings ormake any composition with his creditors or attempt to do so or give any bribe,gratuity, gift, loan, requisite reward of advantage, pecuniary or otherwise shall

either directly or indirectly be given, promised or offered by the Contractor or anyof his servants or agents to any public officer or person in the employ of Parishadin any way relating to his office or employment or if any such officer or personshall become in any way directly or indirectly interested in the Contract, theEngineer - in - charge may thereupon by notice in writing rescind the Contractand the security deposit of the Contractor shall thereupon stand forfeited and beabsolutely at the disposal of the Parishad and the same consequences shall ensure

as if the Contract had been rescinded under Clause 3 hereof and in addition theContractor shall not be entitled to recover or be paid for any work there-for

actually performed under the Contract.

22. All sums payable by way of compensation under any of these conditions shall beconsidered as reasonable compensation to be applied to the use of Parishadwithout reference to the actual loss or damage sustained, and whether or not anydamages shall have been sustained.

22.A. Any excess payment made to the contractor inadvertently or otherwise under thiscontract or any account whatever and any other sum bound to be due to Parishadcontractor in respect of this contract or any other contract or work order or on anyaccount whatever may be deducted from sum whatever payable by Parishad to thecontractor either in respect of this contract or any work order or contract or any

other account by any other department of the Government.23. In the case of tender by partners any change in the constitution of the firm shall

be forthwith notified by the Contractor to the Engineer-in-charge for hisinformation. Also, all changes in postal address of the Contractor shall be notifiedby him to the Executive Engineer-in-charge through a registered in-land letter onlyor an acknowledgement of the Executive Engineer on the photocopy of thenotification. All notices sent to the address given in the tender, or notified underthis clause by the Contractor to the Executive Engineerincharge shall besufficient notice to the Contractor and no plea of letter not having been deliveredto him shall be admissible as a defense of the Contractor on any matter.

24. All works to be executed under the contract shall be executed under the directionand subject to the approval in all respects of the Engineer-in-charge who shall be

entitled to direct at what point or points and in what manner they are to becommenced and from time to time carried on.

25. No claims for payment of an extra ordinary nature such as claims for a bonus forextra employed in completing the work before the expiry of the contractual periodat the request of the Engineer - in - charge or claims for compensation where workhas been temporarily brought to a standstill though no fault of the Contractorshall be allowed unless and to the extent that the same shall have been expresslysanctioned by the Haryana Govt. under the signature of its Secretaries.

25.A Dispute

(25.A.1) If any dispute/ difference of any kind whatsoever shall arise between the Parishad

/ his authorized agents and the Contractor in connection with or arising out ofthis contract at any time that is (i) whether before its commencement or during theprogress of the work or after its completion (including maintenance, if a part of thecontract) (ii) and whether before or after the termination/ abandonment/ breach of

Contractor liable for

payments of

compensation toinjured workman or

in case of death to

his relations


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28. In the case of any clause of work for which there is no such specification as ismentioned in rule 1, such work shall be carried out in accordance with the districtspecifications, and in the event of there being no district specification, than insuch case the work shall be carried out in all respects in accordance with theinstructions and requirements of the Engineer-in-Charge.

29. The expression "works" or where used in these conditions shall unless there besomething either in the subject or context repugnant to such constructions be

construed and taken to mean the work by or by virtue of the Contract contractedto be executed whether temporary or permanent and whether original, altered,substituted or additional.

30. The percentage referred to in clause 1 of these Conditions of Contract will becalculated on the gross amount (value of finished work including cost of materialswhether issued by the Government against price or direct) or (i) the items of workto which the rates in the tender apply and also (ii) the items of work for whichrates exist in the Haryana Schedule of Rates.

31. The terms and conditions of the agreement have been explained to me/ us and I/we clearly understand them.

a. The Detailed Notice Inviting Tenders, Additional Conditions of Contract,explanatory notes, technical specifications for Public Health and EI works, ITB,

Parishad Contractor Labour Regulations, Fair Wage Clause and the Rules for theProtection of Health and Sanitary Arrangements for workers employed by Parishador its Contractors, shall be deemed to be part of this Contract and any breachthere of shall be deemed to a breach of this Contract.

b. Statutory deductions including those in respect of VAT, Income Tax, Sale Tax,Service Tax, Labour Cess and surcharges on taxes etc. as applicable will bededucted from gross amount of each bill of the Contractor.

Condition regarding Cause of Action in respect of contract disputes and theappropriate court having jurisdiction over such disputes;

In any suit for damages etc. for breach of contract, the cause of action consists ofmaking of the contract and of its breach so that the suit may be filled either at theplace where the contract was made or at place where it should have beenperformed and the breach occurred. The making of the contract is part of thecause of action. A suit on a contract therefore, can be filled at the place where thecontract was made. The determination of the place where the contract was made ispart of the law of contract. But making of an offer of a particular place does notform cause of action in a suit for damages for breach of contract ordinarily,acceptance of an offer and its intimation result in a contract and hence a suit canbe filled in the court within whose jurisdiction the acceptance was communicated.The performance of a contract is part of cause of action and a suit in respect of thebreach can always be filled at the place where the contract should have beenperformed or its performance completed. If the contract is to be performed at the

place where the contract was made the suit on the contract is to be filled there asno where also. In suits for agency section, the cause of the action arises at theplace, where the contract of an agency was made or the place where action are tobe tendered and payment is to be made by agency part of cause of action ariseswhere money is expressly or impliedly payable under a contract. In cases the place

where repudiation is received is of repudiation of a contract, the place where thesuit would lie if a contract is pleaded as part of the cause of action givingjurisdiction on the court. Where the suit is ruled on that contract is found to beinvalid, such part of the cause of action disappears.


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SECTION-4 (ii)

ADDITIONAL CONDITIONS OF CONTRACT

1. Upon completion and before offering the work for acceptance, the contractorshall remove all false work, excavated and useless materials, rubbish, temporarybuilding constructed by him and shall leave the site and adjacent area in a neat

and clean condition to the entire satisfaction of the Engineer-in-Charge.

2. The Executive Engineer, reserves the option to take any item of the work or anypart thereof at any time during the currency of the contract and reallot it to anyother agency or carry out such work departmentally, with the due notice to the

contractor without liability of any kind or payment of any compensation.

3. The contractor has to make his own arrangements for water, bricks, wood,cement and steel and every other item required directly or in

Tender 392 Repair

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Transcript of Tender 392 Repair