THCBSBD2021
THCBSBD2021
THCBSBD2021
1. This book of “Standard Bid Document for PWD, Tripura-2021” is applicable to both types of
tenders i.e.” Percentage rate tenders and Item rate tenders”. Accordingly, alternative provisions are
given in Para No. 12.1 & 16.7 of the ‘Special Instruction toBidder (S.I.T.B.)’ and in conditions No. 4 & 6 of
the ‘General Rules and Directions’ of this book. The appropriate alternatives will be applicable in specific
cases depending on whether this is used for percentage rate tender (Tripura PWD Form-7) or item rate
tender (Tripura PWD Form-8).
2. NIT, Tripura PWD Form-6, Special Instruction to Bidder (S.I.T.B.), Forms of Qualification,
Schedules- A to F, Additional/Special Conditions/Specifications and Drawings and General
Conditions of Contract, Standard Tender Tripura PWD Form
-7/8 will be uploaded in the e-procurement portal (i.e. https://tripuratenders.gov.in) for viewing &
downloading by the intending bidders. All the documents shall form a part of the agreement to be drawn
and signed by bothparties after acceptance of tender.
3. All blanks are confined to Notice Inviting Tender (NIT), Tripura PWD Form -6 and
Schedules - A to F.
4. Tender Inviting Authority (TIA) shall fill up all the blanks (or, strike out/include the
unrelated/related words respectively, as the case may be) in Tripura PWD Form - 6 and in Schedules-
B to F and Integrity Pact/Agreement before approval and uploading of Tender documents.
TIA/Deputy Executive Officers shall take special care regarding the inclusion of the Schedules- B to F
in correct form before it is ready foragreement.
5. The intending bidders shall write their name and quote their percentage/item rates (in figures
only) in Schedule-A of uploaded BOQ Sheet (in Macro Enabled Excel format) in e-procurement
portal.
6. The proforma for Annexures and Schedules- A to F are only for information and guidance.
These are not to be filled in the Standard Form. The Schedules with all blanks, duly filled, shall be
uploaded to the e-procurement portal.
Standard Bid Document, THCB – 2021 Page - 5
4. Last date & time for online Bidding: 21/03/2022 upto 3:00 PM
Note: The bid forms and other details including online activities should be done in the e-
procurement portal https://tripuratenders.gov.in
2. The Vice Chairman, Tripura Housing and Construction Board (Secretary, PWD, Govt. of
Tripura) for favor of kind information.
13. The Chief Executive Officer, THCB, Agartala, Tripura for favor of kind information.
14. The Commissioner, Agartala Municipal Corporation, Agartala for favor of kind
information.
15. The Joint Executive Officer, THCB, Agartala, Tripura for favor of kind information.
15-16. The Superintending Engineer, PWD(R&B), Second Circle / Fourth Circle for favor of
kind information.
17-24. The Executive Engineer, Agartala division I/III/ V/ Capital complex Division, PWD. DWS
Division I/II, Agartala: W.R Division No- I/II, Agartala for favor of k i nd information.
25. The DEO(PD-I/PD-II/W/W-II/W-III/H&B),Tripura Housing and Construction Board,
Agartala for information.
26. The Sub-Regional Employment Exchange for information.
27. The Administrative Officer, TH&CB for information for information.
30. All Tripura Contractor’s Association, 2nd floor of orient Book Society, Akhaura Road,
Agartala for information.
LIST OF IMPORTANT DATES IN CONNECTION WITH THE TENDER FOR THE WORK,(FORMING
PART OF NIT AND TO BE POSTED IN e-PROCUREMENT PORTAL)
Office of the
13. Place of Opening Bid:
………………………………………*
Notes:-
1. All the above-mentioned online activities should be done in the e-procurement portal
https://tripuratenders.gov.in
2. All the above-mentioned date & time are as per server clock date & time of e-procurement portal
https://tripuratenders.gov.in
3. Strike out which is not required.
The Bidders will have to upload the scan copy of the drawn offline payment instrument (as a single
PDF file of 75-100 dpi resolution), against the related Earnest Money, along with the bid/technical bid
documents in the time of real time bidding.
The Bidders will also have to submit (to be delivered in person or by post) the original copy
(physical form) of the offline payment instrument related to the Earnest Money as stated above,
in a Sealed Envelope super-scribing the DNIT No., & Tender ID, at the office of the Tender Inviting
Authority (TIA) , positively before the Technical Bid opening time & date as mentioned in the
NIT.
Standard Bid Document, THCB – 2021 Page - 11
Offline payment instrument of earnest money as submitted by the bidder, shall be valid for a
period of 45 (forty-five) days beyond the bid validity period.
While submitting the bid online (for earnest money amount more than ₹25.00 lakh), the bidder
will find that the “EMD Amount” is showing as “0” (zero) in the payment window of e-procurement
portal. The bidder shall ignore this “0” (zero) EMD Amount in the e-procurement portal & pay the full
amount of earnest money (using any of the offline payment instrument as permitted) amount as
indicated in Tripura PWD Form-6.
11. The full amount of the Earnest Money of all bidders (technically responsive & non-
responsive) including L1 (lowest rate quoting bidder) will automatically be returned back to their
respective bank account (in case of online payment mode) or, will be released individually by the
Tender Inviting Authority (TIA) (in case of offline payment mode), once online process of “Award
of Contract” (AOC) has been completed or tender process has been cancelled in e-procurement
portal.
12. Detailed information regarding Earnest Money is given in Para No. 14 of “Special Instructions
to Bidders (S.I.T.B.)”.
13. Detailed information regarding payment of Bid Fee (online mode only) & Earnest Money (online
or offline mode) has been summarized in Para No. 16.9.2 of “Special Instructions to Bidders
(S.I.T.B.)”.
14. Pre-Bid Conference/ Meeting will be held for clarification of any doubts of the prospective
Bidders on any condition of the contract, specification etc.
15. Bids/ Technical bids (for Two bid system) shall be opened through online by the respective Bid
openers [minimum 2(two) in numbers out of 4(four) bid opener (as assigned at time of online tender
creation)]. If the office happens to be closed onthe date of opening of the bids as specified, the bids
will be opened on the next working day at the same time and venue.
16. For Two bid system, technical bids shall be opened first and after completion of technical
evaluation, financial bids in respect of technically acceptable offers onlyshall be opened.
17. To participate in bid, the bidder shall have a valid Class 3 Digital Signature Certificate (DSC),
obtained from the available vendor as certified by the certifying authorities enlisted by Controller of
Certifying Authorities (CCA) at http://cca.gov.in.
18. Then the bidder has to register (registration is free of cost) himself in the e- procurement
portal mentioned above.
19. After registration, bidder can participate any active tender available in the portal
by submitting all required document as mentioned in the tender document.
20. The bidder can quote his bid offer in the following process:
(i) For Percentage Rate tender (Tripura PWD Form-7), Bidder shall write his name and quote rate
in percentage excess(+) / less(-) in figures only in the Bill of Quantity (BOQ) [downloaded from
the e-procurement application https://tripuratenders.gov.in] which is in MS-Excel (macro enabled)
format andthe same saved BOQ should be uploaded to the portal as a part of bid with digital signing.
(ii) For Item Rate tender (Tripura PWD Form-8), Bidder shall write his name and quote rate in
figures only for each item in the Bill of Quantity (BOQ) [downloaded from the e-procurement
application https://tripuratenders.gov.in] which is in MS-Excel (macro enabled) format and the same
saved BOQ should beuploaded to the portal as a part of bid with digital signing.
Standard Bid Document, THCB – 2021 Page - 12
21. On opening date, after logging in the portal, the participating bidder can view the bid opening
process LIVE online in the portal. After final opening of bids (financial bid in case of two bid tender),
bidder can view the ‘BOQ Comparative Chart’ generated online & displayed by the system through
the e-procurement portal. However, participating bidders and other Bidders may be present
physically at thebid opening place at the date & time online Bid opening.
22. Bidder can view & download the softcopy of “Letter of commencement of work” after Tender
Inviting Authority (TIA) completed “Award of Contract” (AOC) process through online in e-
procurement portal.
23. For any enquiry related to e-tender, bidder can seek “Clarification” online through e-procurement
portal.
24. Bidder can upload documents [as mentioned in the “Special Instruction to Bidder (S.I.T.B.)”] in
various standard format (jpg/pdf/xls etc.) as desired by the Tender Inviting Authority (TIA) in the
portal.
The Deputy Executive Officer,PD-II, on behalf of the ‘Governor of Tripura’, invites online
percentage / item rate e-tender in single/two bid system from the eligible Central & State public
sector undertaking / enterprise and eligible Contractors/Firms/ Private Ltd. Firm /Agencies of
Appropriate Class registered with PWD/TTAADC/MES/CPWD/ Railway/Govt Organization of other
State & Central for the following work:-
EARNEST MONEY
AND BIDDING
DNIT No.
SL. NO.
₹ 10,21,615.00
Shepahijala District / SH: 240 seated
545 Days
1 girls hostel building including water
supply and sanitary installation.
1. The enlistment of the contractors should be valid on the last date of submission of bids. In case
the last date of submission of tender is extended, the enlistment of contractor should be valid on
the original date of submission of bids.
This estimate, however, has been prepared by this THCB Office based on the tentative
quantity and scheduled rate set by the PWD. The quantity may vary based on the requirement
during actual execution but the scheduled rates which are the firm base rates of this tender
document, based on which the tenderer shall calculate his own rate so as to complete the work
and quote in the BID document.
2. Agreement shall be drawn with the successful bidder on prescribed Tripura PWD Form -7 /
Tripura PWD Form -8 (or other Standard Form to be mentioned) with up to date amendments, which is
available as a Govt. of Tripura Publication and also available on website www.pwd.tripura.gov.in.
Tenderer shall quote his rates as per various terms and conditions of the said form which will form
part of the agreement.
Standard Bid Document, THCB – 2021 Page - 14
3. The time allowed for carrying out the work will be 545 Days from the date of
start as defined in ‘Schedule-F’ or from the first date of handing over of the site, whichever is later,
in accordance with the phasing, if any, indicated in the tenderdocuments.
Note: The site for the work shall be made ready before issuing of work order. The handing over
of site to the contractor shall be recorded in the site order book with date.
4. Bid documents consisting of plans, specifications, the schedule of quantities of the various
types of items to be executed and the set of terms and conditions of the contract to be complied
with and other necessary documents except Standard General Conditions of Contract Form that can
be seen and downloaded from e- procurement portal https://tripuratenders.gov.in free of cost.
5. The required documents as specified in the bid document shall be scanned and uploaded to the
e-procurement portal within the period of bid submission. Online bid documents submitted by
intending bidders shall be processed only of those bidders, who has successfully submitted Bid
Fee (online payment mode only) & Earnest Money (online or offline payment mode) in e-
procurement portal and other documents scanned and uploaded are found in order.
Physical submission (except in case of offline payment mode, the original copy of earnest money
for offline payment instrument) of any document will not be considered & shall not be processed
for bid evaluation.
6. After successful bid submission, the bidder can re-submit the revised bid any number of
times or withdraw the bid before last time and date of submission ofbid as per bid document.
7. The bid(s) submitted shall be opened through online in e-procurement portal.
8. The bid submitted shall become invalid if:
The bidder is found Ineligible as per ‘Special Instructions to Bidders’ (S.I.T.B.)Para No. 1.2.
The bidder does not upload all the documents as stipulated in the biddocuments.
If any discrepancy has been noticed between the documents as uploaded at the time of online
submission of bid and original copies [if asked to submit by Tender Inviting Authority (TIA) for
document verification purpose] as submitted by the bidder.
If a Bidder quotes nil rates or does not quote rate against each item or any item in item rate
tender or does not quote any percentage above/ below /atpar on the total amount of the tender or
any section/ sub head in percentagerate tender, the tender shall be treated as invalid.
9. The bidder, whose bid has been accepted, shall be required to submit the following
documents within the time period specified in ‘Schedule-F’:
Performance Guarantee of 5% (Five percent) of the Contract Amount. This guarantee shall be
in the form of “Deposit at Call receipt or, Demand Draft or, Banker’s Cheque or, Bank Guarantee”
drawn in favour of the Tender Inviting Authority (TIA) from a well-recognized
scheduled/commercial Bank guaranteed by the Reserve Bank of India having branch at Agartala,
Tripura.
In case the bidder fails to deposit the said performance guarantee within the period as indicated in
Schedule-F, including the extended period if any, the Earnest Money deposited by the bidder
shall be forfeited automatically without any notice to the bidder. The earnest money deposited
along withbid shall be returned after receiving the aforesaid performance guarantee.
Proposed methodology and program of construction, supported with equipment planning and
deployment, duly supported with broad calculations, justifying their capability of execution and
completion of the work as per technical specifications within the stipulated period of completion as
per milestones.
Standard Bid Document, THCB – 2021 Page - 15
Copy of valid Labour License or, proof of applying for obtaining Labour License regarding
engagement of workers in the contract works from LabourDepartment, Government of Tripura.
Copy of certificate regarding registration of employee/workers with EPFO (Employees'
Provident Fund Organization) including Provident Fund Code No. (applicable for Class-I
Contractor).
Copy of certificate regarding registration of employee/workers with ESIC
(Employees' State Insurance Corporation) (applicable for Class-I Contractor).
Copy of certificate regarding registration of employee/workers with BOCW (Building and
Other Construction Workers) Welfare Board (applicable for Class-I Contractor).
10. Intending bidders are advised to inspect and examine the site and its surroundings and satisfy
themselves before submitting their tenders as to the nature of the ground and sub- soil, the form
and nature of the site, access to the site, the accommodation they may require and in general shall
themselves obtain all necessary information as to risks, contingencies and other circumstance which
may influence or effect their tender.
A bidder shall be deemed to have full knowledge of the site whether he inspects itor not and no extra
charges consequent on any misunderstanding or otherwise shall be allowed. The costs of visiting the
site shall be at the Bidder’s own expenseand the bidder shall submit the Bid on being satisfied by his
inspection of the existing site condition including facilities/ hurdles.
11. The bidder shall be responsible for arranging and maintaining at his own cost all materials,
tools and plants, water, electricity access, facilities for workers and all other services required
for executing the work unless otherwise specifically provided for in the contract documents.
Submission of bid by a bidder implies that he has read all contract documents and made himself
aware of the scope and specifications of the work to be done and or conditions and rates at which
stores, tools and plants etc., will be issued to him by the Government and local conditions and other
factors having a bearing on the execution of the work.
12. The competent authority on behalf of the ‘Governor of Tripura’ does not bind himself to accept
the lowest or any other tender. The authority reserves the right to reject any or all the tenders
received without the assignment of any reason. All tenders in which any of the prescribed condition
is not fulfilled or any condition including that of conditional rebate is put forth by the tenderer shall be
summarily rejected.
13. Canvassing whether directly or indirectly, in connection with bidders is strictly prohibited and
the bids submitted by the bidders who resort to canvassing will beliable for rejection.
14. The competent authority on behalf of Governor of Tripura reserves the right of accepting the
whole or any part of the bid and the bidder shall be bound to perform the same at the rate quoted.
15. Bidder shall not be eligible to bid for works in the Division / Circle where any of his ‘near
relatives’ are employed in the rank of Assistant Executive Officer and above on the Engineering side
and Divisional Accounts Officer and above on the Administrative side. 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 Gazette officer in the Tripura Housing and Construction board
(THCB). Any breach of this condition by the bidder would render him liable to be removed from the
approved list of contractors of this Department.
16. No Engineer of Gazette rank or other Gazetted officer employed in Engineering or Administrative
duties in an Engineering Department of the Government of Tripura is allowed to work as a contractor
for a period of 2(two) year after his retirement from Government service, without the previous
permission of the Government ofTripura in writing. This contract is liable to be cancelled if either the
contractor or any of his employees is found any time to be such a person who had not obtained the
permission of the Government of Tripura as aforesaid before submission of the tender or
engagement in the contractor’s service.
Standard Bid Document, THCB – 2021 Page - 16
17. The bid for the works shall remain open for acceptance for a period of one hundred and
eighty (180) days from the date of opening of bids. If any bidders withdraws his bid before the
said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the
terms and conditions of the bid which are not acceptable to the THCB, then the THCB shall, without
prejudice to any other right or remedy, be at liberty to forfeit the said earnest money as per Sl No
14.10 of Special instruction to Bidder (SITB).
18. This Notice Inviting Tender shall form a part of the contract document. The successful
Bidder/Tenderer/contractor, on acceptance of his tender/bid by the Tender Accepting Authority,
shall start of the work & sign the agreement (within the time period as mentioned in Schedule-F)
consisting of:-
The Notice Inviting Tender, all the bid documents including additional conditions, specifications
and drawings, if any, forming part of the tender as uploaded at the time of invitation of tender and
hardcopy of MS Excel BOQ sheet in which rates quoted online at the time of submission of bid and
acceptance thereof together with any correspondence/tender corrigendum leading thereto including
Pre-Bid Conference record note (if any).
Standard Tripura PWD Form -7/ Tripura PWD Form -8 (or other Standard
P.W.D. Form as applicable) (strike out or include as the case may be).
If no/nil queries received with or without the presence of bidders in pre-bid meeting, then
minutes of meeting stating ‘NIL Queries’, shall be uploaded in the e-procurement portal (by TIA)
under “Pre-bid Meeting” menu.
The approved ‘minutes of meeting’ of the pre-bid conference/meeting shall form part of tender
document.
Date of pre-bid conference/meeting should be at least 10(ten) days before the last date of
online submission of bids.
9. Amendment to Bid Documents:
At any time before the last date & time for submission of Bids, the Tender Inviting Authority
(TIA) may, whether at his own initiative or in response to a clarification sought by a prospective
bidder, modify any of the contents of the Tender Notice & bid documents by issuing
amendment/addendum/ corrigendum.
Any addendum/amendment/corrigendum issued by the Tender Inviting Authority shall be part
of the bid document and it shall be published in the e- procurement portal at
https://tripuratenders.gov.in. Registered Bidders shall be notified of the related Corrigendum(s) by
automated e-mail/SMS by the portal.
Bidders to note that who have downloaded the tender documents from the e- procurement
portal at https://tripuratenders.gov.in, shall have to download all such amendment/addendum/
corrigendum/clarification which may be issued prior to the last date & time for online Bidding of
the tender to clarify issues arising out of various queries/ clarifications relevant to the tender
documents from bidders or to reflect modification in the design or tender terms and conditions,
which shall form part of tender document. Before uploading the final bid offer, all such
amendment/addendum/corrigendum/clarification must be considered by the bidder. TIA shall
not be held responsible on this account of non-viewing or non-consideration of
amendment/addendum/ corrigendum/clarification by the bidder.
To give prospective Bidders reasonable time to take an addendum/ amendment
/corrigendum into account in preparing their bids, the Tender Inviting Authority may extend if
necessary, the last date for submission & opening ofbids.
However, Tender Inviting Authority shall bear no responsibility or liability arising out of
non-receipt of the same in time or otherwise. Bidders are requested to visit the e-procurement
portal frequently to check whether thereis any related addendum/amendment/corrigendum or not.
If a bidder does not view / fails to view the amendment/addendum/ corrigendum/clarification
hosted on the e-procurement portal at https://tripuratenders.gov.in on any accounts whatsoever
and their offer is without considering the amendment/addendum/ corrigendum/clarification, then
Tender Accepting Authority (TAA) may reject the offer.
Standard Bid Document, THCB – 2021 Page - 24
C. PREPARATION OF BIDS
D. SUBMISSION OF BIDS
Note:
The bidder, whose bid has been accepted, shall be required to submit documents related to (i)
Programme Chart (Time and progress), (ii) Valid Labour License or, proof of applying for
obtaining Labour License, (iii) Registration of employee/workers with EPFO (Employees' Provident
Fund Organisation) including Provident Fund Code No. (applicable for Class-I Contractor), (iv)
Registration of employee/workers with ESIC (Employees' State Insurance Corporation) (applicable
for Class-I Contractor) and (v) Registration of employee/workers with BOCW (Building and Other
Construction Workers) Welfare Board (applicable for Class-I Contractor) within the time period
specified in ‘Schedule-F’.
During actual bidding, the bidder shall select/ check these documents from his/ her “My
Document”, which will ensure completion of biding within the same session, even if the bidder is
connecting to the e-procurement portal overa slow speed network.
Documents required during actual Bidding: In addition to the documents kept in “My Document”
folder, the following documents are also to be uploaded to the e-Procurement portal during actual
biding.
Technical Bid
I. Checklist as per Annexure-I.
II. Tenderer’s / Contractor’s Certificate as per Annexure-II.
III. Bidder’s Declaration as per Annexure-III.
IV. Integrity Pact as per Annexure-V
V. Integrity Pact as per Annexure-VII
VI. Scan copy of the drawn offline bank payment instrument (as a single PDFfile of 75-100 dpi
resolution), against the related Earnest Money (for earnest money amount more than ₹25.00 lakh)
Financial Bid
I. Bill of Quantity (BOQ) - Schedule-A.
II. Tender Form: Tripura PWD Form-7/ Tripura PWD Form- 8.
Note: Bidder shall take separate printout of the formats of Checklist (Annexure-I), Tenderer’s /
Contractor’s Certificate (Annexure-II), Bidder’s Declaration (Annexure-III), Bank Solvency
(Annexure-IV), Integrity Pact (Annexure-V), Integrity Agreement (Annexure-VI) and Statement- I to IV
(as mentioned above). He / She shall fill the necessary information & put his/her physical signature
with stamp/seal (mandatory), and then scan them into PDF (in 75-100 dpi resolution). Finally,
those documents should be uploaded (with digital signing using DSC) either in Bidder’s “My
Document” or actual bidding, as the case maybe.
If any of the certificates/documents submitted by the Bidder, found to be false
/ fabricated / bogus, the bidder will be disqualified for 1(one) year and their Earnest Money will
be forfeited. The Bidder is liable to be Blacklisted if he/she repeats the process of submitting/
furnishing false/ fake/fabricated documents.
Procedure for filling MS Excel BOQ Sheet:
Bidders are advised to fill the Macro enabled MS Excel BOQ sheet as per following instructions.
The bidder has to download the B O Q / Financial Bid ( Macro enabled MS Excel BOQ sheet)
containing rates (including Goods and Services Tax) along with tender documents and subsequent
Addendum/Corrigendum/ Clarifications, if any, issued at a later stage. Bidders shall fill the
required details/prices in BOQ, save it and upload the filled-in BOQ in the portal.
Bidder to note that there are ‘White’ cells in the BOQ excel sheet (which is locked), which
should not be modified by the bidder.
Bidders are advised strictly not to alter or change the BOQ format/ contents. Bidders are also
advised not to paste any image file in the BOQ work sheet.
For Percentage Rate Tender, the bidder shall quote his “Excess (+) / Less (-)”overall bid
Standard Bid Document, THCB – 2021 Page - 30
percentage (in figures only and limited to a maximum of 2 decimal places) in Macro enabled MS Excel
BOQ sheet with which he intends to execute the work. Thus, the total amount (for overall quoted bid
percentage) as computed through Macro Enabled MS Excel BOQ Sheet would be the quoted offered
amount for the work, which will be shown in figures & words automatically. In case rates are
quoted to more than 2 decimal places then, the amount quoted towards the tender shall be
worked out for the rates quoted to first 2 decimal points without rounding off. The “Percentage”
quoted by the Bidder shall be applicable uniformly to all the rates of the items indicated in BOQ
Sheet.
"Excess (+)" or "Less (-)” can be selected from the dropdown menu by clickingon the cell.
If any bidder wants to quote At Par i.e. 0.00%, the bidder may select "Excess (+)" or "Less (-)” from
the dropdown menu by clicking on the cell and then he can enter 0.00% in quoted percentage cell.
Then the total amount as computed through Macro Enabled MS Excel BOQ Sheet would be the
quoted offered amount for the work which will be equal to total amount of cost put to tender i.e. At
Par.
For Item Rate Tender, the bidder shall quote his rate for each item (in figures only and limited
to a maximum of 2 decimal places) in Macro enabled MS Excel BOQ sheet, which he intends to
execute the work. BOQ (in MS-Excel format) sheet shall be open with Macro Enabled for automatic
conversion from figures to words. Thus, the total amount (for all the quoted items) as computed
through MS-Excel Sheet would be the quoted offered amount for the work, which will be shown in
figures & words automatically. In case rates for each item are quoted to more than 2 decimal
places then, the 2 decimal point will be taken as it is or adding 1 point in 2 decimals depending
upon whether thenumber in 3 decimals is “upto 5 numeral” or “5 or higher numeral” respectively.
Only “Bidder’s Name” and “Excess (+)/ Less (-) Percentage (for percentage rate tender)” or “Rate
for each item (for item rate tender)” are to be filled by the bidder in the designated "Sky Blue
Cells".
If a Bidder quotes nil rates against each item in item rate tender or does not quote any
percentage above/ below /at par on the total amount of the tender or any section/ sub head in
percentage rate tender, the tender shall be treated as invalid and will not be considered as lowest
tenderer.
Do not insert any additional sheet and any condition in BOQ excel sheet. Please do not temper the
BOQ excel sheet.
Tampering of Financial Bid (BOQ excel sheet) Documents:
The following shall be considered as Tampering of BOQ documents:
i) Submission of Scanned copy or Photocopy of Financial Bid (BOQ).
ii) Submission of any file other than original Financial Bid (BOQ).
iii) Insertion of additional sheet(s) in BOQ Excel Sheet.
iv) Change in content or context of the original file.
v) ‘Hacking’ or ‘Corrupting’ or ‘Change or Removal of password protection’ of BOQ sheet.
Such Tempered BOQ will be summarily rejected at the time of Tender Evaluation.
Online Bid Submission and Confirmation:
Tender Search & Selection:
All tenders available on the e-procurement portal can be searched by using the “Search Active
Tenders” under “Bid Management” menu in Bidder’s profile. Use any of the searching criteria to
search your tender. For a refined search, enter e-Tender ID under “Tender ID” or enter Work Title
under “Work/Item Title” and click Submit. The intended tender(s) should be selected by clicking on
the check box & then “Set Open Tender as Favorite” to set tender as Favorite. The bid submission
process will start by clicking the menu “My Tenders”.
Payment of Bid Fee & Earnest Money:
The online bid submission process will start by clicking the menu “My Tenders”. In this menu, the
bidder has to click “Proceed for Bid Submission”to enter the next stage “Online Payment” page.
Standard Bid Document, THCB – 2021 Page - 31
The “Online Payment” page will display the total Tender Fee (i.e. Bid Fee) & EMD Fee (i.e. Earnest
Money). Then the bidder has to click “Submit” for submission of Tender Fee (online mode only) &
EMD Fee (online or offline mode); and the system will redirect to “Online Payment Gateway” >> SBI
Bank MOPS Window. SBI MOPS will have two option for Net Banking – “SBI” & “Other Banks”.
Bidder can choose any ofthe options as desired and can complete the Online Payment Process.
While creating tender for offline payment method for earnest money, the “Fee Payment Mode” shall
be selected as “online”. The “EMD Amount” (i.e. earnest money) shall be selected as “0” (zero) in the
tendering template.
So, while submitting the bid online (for earnest money amount more than ₹25.00 lakh), the
bidder will find that the “EMD Amount” is showing as “0” (zero) in the payment window in e-
procurement portal. The bidder shall ignore this “0” (zero) EMD Amount in the e-procurement
portal & pay the full amount of earnest money (using any of the offline payment instrument as
permitted) amount as indicated in Tripura PWD Form-6.
After completion of payment of Bid Fee (online mode only) & Earnest Money (online or offline
mode), the bidder has to submit the Technical & Financial Bid along with all the copies of
documents in the electronic form only through e-procurement portal https://tripuratenders.gov.in.
Bidder has to ensure that their bid submission is complete in all respect by clicking on the “Freeze
Bid” button. The uploaded documents would not be saved in the portal until “Freeze Bid” button
is clicked. For bids in which “Freeze Bid” button has notbeen clicked, will be considered as bid not
submitted and hence not appearduring tender opening stage.
Any revision/amendment (i.e. resubmission) of bid or withdrawal of bid, after successful bid
submission, shall be possible only up to the due date and time of submission of bid. If bidder
fails to complete the Online Bid Submission/Re-encryption stage on the stipulated date and time,
his/her bid will be considered as bid not submitted, and hence not appear during tender opening
stage.
Bidder in turn will receive a bid submission confirmation as “Bid Acknowledgement” against
every Successful Bid Submission or Resubmission in ‘Bid Acknowledgement Page’. Bidder shall take
printout of the “Bid Acknowledgement” as a proof of successful bid submission & keep it in a file for
future reference. Successful submission of bid can also be verified under “My Bids” section.
Successful bid submission in the e-procurement portal means, the bids as uploaded by the
bidder has been received and stored in the portal. Portal does not certify for its correctness.
The bidder should also ensure that the bid documents submitted should be free from virus or
non-corrupt and if the documents could not be opened, due to virus/corruption, during Bid
opening, the bid is liable to be rejected.
The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders due to any
local/internet/banking/financial/other issues etc. Bidders are advised to submit the bid well
advance before the last date & time for bid submission.
The time displayed in the Server Clock at the top of the e-procurement portal, will be valid for all
actions of bid submission, bid opening etc. The Time followed in this portal is as per Indian
Standard Time (IST) which is GMT+5:30. The bidders should adhere to this time during bid
submission.
Bidders participating in online tenders shall check the validity of his/her Digital Signature
Certificate before participating in the online Tenders at the e-procurement portal
https://tripuratenders.gov.in.
17. Last date / time for Submission of the Bids:
Bids must be submitted before the last date and time of bidding as specified inNIT.
The Tender Inviting Authority may extend the dates for receipt of bids by issuing an
amendment/corrigendum through online process of “Create Corrigendum” tool in e-procurement
portal, in which case all rights and obligations of the Deputy Executive Officer and the Bidders will
remain same as previously.
Standard Bid Document, THCB – 2021 Page - 32
Details of Tender Evaluation Committee (i.e. chairperson & members) & the “Minutes of
Meeting” [of technical bid evaluation by the “Tender Evaluation Committee”] shall be uploaded in
the e-procurement portal https://tripuratenders.gov.in and all the bidders can access the same.
Responsive Bid:
Some important points on the basis of which a technical bid may be declared as Responsive
are given below:
21.5.1 The technical bid submitted by the bidder, is in the prescribed format & satisfying the
eligibility & other criteria as per guidelines & conditions given anywhere in the tender/bid
documents.
Non-Responsive Bid:
Tenders that do not meet the basic requirements specified in the bid documents are to be
treated as non-responsive and ignored. Some importantpoints on the basis of which a technical bid
may be declared as Non-Responsive are given below:
The technical bid submitted by the bidder, is not in the prescribed format, or is not having the
required documents as mentioned in Para. No. 2 of S.I.T.B.as qualification criteria, or is unsigned or
not signed as per the stipulationsin the bid document;
If any alteration is made by the Bidder in the submitted bid documents, the conditions of the
contract, the drawings, specifications or statements / formats or quantities.
The required Bid Fee & Earnest Money has not been provided;
The bidder is not eligible to participate in the bid as per laid down eligibilitycriteria (example: the
tender enquiry condition says that the bidder has to be an enlisted contractor but the tenderer is not
an enlisted contractor);
The tenderer has quoted for goods manufactured by a different firm without the required
authority letter from the proposed manufacturer;
The bid departs from the essential requirements specified in the bidding document (for
example, the tenderer has not agreed to give the required performance guarantee); or
Against a schedule in the list of requirements in the tender enquiry, the tenderer has not quoted
for the entire requirement as specified in that schedule (example: in a schedule, it has been
stipulated that the tenderer will supply the equipment, install and commission it and also train the
purchaser’s operators for operating the equipment. The tenderer has, however, quoted only for
supply of the equipment).
22. Financial Bid Opening:
Only the Financial Bids of qualified bidders, whose technical bids are found responsive, will be
opened online by the authorized Bid openers [minimum 2(two) in numbers out of 4(four) bid
opener (as assigned at time of online tender creation)] on behalf of the concerned Deputy
Executive Officer at the time, date and venue as specified in the bid documents. The result will be
seen in the e-procurement portal https://tripuratenders.gov.in by all the bidders who
participated in the bids. However, qualified bidders or their authorized representatives may
remain present at the Financial Bid opening place. The bid offers are read out, minutes recorded,
and the signatures of the Bidderspresent are taken in the minutes.
The Financial Bid of the Bidders, whose technical bids has been found Non- Responsive, will
not be opened and ignored.
Bids shall be scrutinized in accordance with the conditions stipulated in the Bid document. In case of
any discrepancy of non-adherence Conditions the Tender Accepting Authority shall communicate the
Standard Bid Document, THCB – 2021 Page - 34
same which will be binding on both the bid Opening authority and the Bidder. In case of any ambiguity,
the decision taken by the Tender Accepting Authority on bids shall be final.
23. Evaluation of Financial Bid and Comparison of Financial Bids:
After opening of financial bid, the “Tender Inviting Authority (TIA)” will examine/evaluate the
financial bids (on the basis of guidelines & conditions given anywhere in the tender/bid documents)
submitted by each bidder by making detailed “Comparative Statement (CS)”. Based on financial bid
documents & CS as submitted by TIA, the “Tender Evaluation Committee (TEC)” will decide the
reasonableness of quoted percentage/item rates and the Bid Rank of the bidder such as lowest
rate quoted bidder (L1), 2nd lowest rate quoted bidder (L2), 3rd lowest rate quoted bidder (L3) etc.
based on online quoted amount ofbidder in BOQ sheet.
TEC has to make formal recommendation for Award of Contract to the bidder whose bid has been
determined to be responsive and the lowest (L1) evaluated bid. These recommendations are
submitted for approval to the “Tender Accepting Authority (TAA)”. TAA shall approve and
accept the tender in accordance with the latest Delegation of Financial Power Rules, Tripura
(DFPRT) in force.
However, the TAA detects any error in the evaluation of financial Bids done by TEC, the TAA
while returning the bids may direct the TEC as the case may be,to re-evaluate the bids.
24. Discrepancy in Quoted Bid Percentage/Item Rate:
Bids shall be scrutinized in accordance with the conditions stipulated in the Bid document. For
Percentage Rate Tender, the bidder shall quote his “Excess (+) / Less (-)” overall bid percentage (in
figures only) in Macro enabled MS Excel BOQ sheet. Thus, the total amount (for overall quoted bid
percentage) as computed through Macro Enabled MS Excel BOQ Sheet would be the Quoted Amount
for the work, which will be shown in figures & words automatically. For Item Rate Tender, bidder
shall quote rate for each item in figures only. BOQ (in MS-Excel format) sheet shall be open with
Macro Enabled for automatic conversion from figures to words. Thus, the total amount (for all the
quoted items) as computed through MS-Excel Sheet would be the Quoted Amount for the work,
which will be shown in figures & words automatically.
The quoted percentage/item rate and automatically calculated quoted total amount through
Macro Enabled MS Excel BOQ Sheet can be verified by the bidder before uploading the BOQ in the portal
using digital signing. Generally, in online e-tender, chances of discrepancy in quoted bid
percentage/item rates are NIL. In case of any ambiguity, the decision taken by the Tender Accepting
Authorityon Bidders shall be final.
25. Non-conformities between Figures and words:
Generally, this situation normally does not arise in case of online e-tender. Sometimes, non-
conformities/errors are also observed in responsive tenders between the quoted prices in figures
and in words. This should be taken care ofin the manner indicated below:
If, in the price structure quoted for the required goods, there is discrepancy between the unit
price and total price (which is obtained by multiplying the unit price by the quantity), the unit price
shall prevail and the total price correctedaccordingly;
If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-
totals shall prevail and the total shall be corrected; and
If there is a discrepancy between words and figures, the amount in words shallprevail;
Such a discrepancy in an offer should be conveyed to the tenderer asking him to respond by a target
date and if the tenderer does not agree to Procuring Entity’s observation, the tender is liable to be
rejected.
Standard Bid Document, THCB – 2021 Page - 35
original copy will prevail. Such a discrepancy in an offer should be conveyed to the tenderer asking
him to respond by a target date and if the tenderer does not agree to TIA’s observation, the tender is
liable to be rejected. In e-Procurement there could be discrepancies between the uploaded scanned
copies and the Originals submitted by the bidder. However normally no submission of original
payment documents in physical format, should be asked for in e-Procurement with online
payment facility.
30. Minor Infirmity/Irregularity/Non-conformity:
During the preliminary examination, some minor infirmity and/or irregularity and/or non-
conformity may also be found in some tenders. Such minor issues could be a missing pages/
attachment or illegibility in a submitted document; non-submission of requisite number of copies
of a document. There have been also cases where the bidder submitted the amendment Bank
Guarantee, but omitted to submit the main portion of Bid Document.
The court ruled that this is a minor irregularity. Such minor issues may be waived provided they do not
constitute any material deviation and financial impact and, also, do not prejudice or affect the
ranking order of the tenderers. Wherever necessary, observations on such ‘minor’ issues (as
mentioned above) may be conveyed to the bidder by the Tender Inviting Authority (TIA) through
registered letter/ speed post, and so on, asking him to respond by a within 10(ten) days from the
date of issue of the letter, also mentioning therein that, if the bidder does not conform TIA’s view or
respond by that specified date, his/her tender will be liable to be rejected. Depending on the outcome,
such tenders are to be ignored or considered further.
31. Clarification of Bids/ Shortfall Documents:
During evaluation and comparison of bids, the Tender Inviting Authority (TIA) may, at his
discretion, ask the bidder for clarifications on the bid. The request for clarification letter shall be
given in writing by registered/ speed post by theTender Inviting Authority (TIA), asking the bidder
to respond within 10(ten) days from the date of issue of the letter, and also mentioning therein that,
if the bidder does not comply or respond by the date, his/her tender will be liable to be rejected.
Depending on the outcome, such tenders are to be ignored or Considered further. No change
in prices or substance of the bid including specifications, shall be sought, offered or permitted.
No post-bid clarification at the initiative of the bidder shall be entertained. The shortfall
information/ documents should be sought only in case of historicaldocuments which pre-existed
at the time of the tender opening and which have not undergone change since then. These should
be called only on basis of the recommendations of the “Tender Evaluation Committee”. (Example: if
the Permanent Account Number, GSTN number has been asked to be submitted and the tenderer has
not provided them, these documents may be asked for with a target date as above).
So far as the submission of documents is concerned with regard to qualification criteria, after
submission of the tender, only related shortfall documents should be asked for and considered. (For
example, if the bidder has submitted a contract without its completion/ performance certificate, the
certificate can be asked for and considered.) However, no new contract should be asked for so as to
qualify the bidder.
F. AWARD OF CONTRACT
32. Award Criteria:
The Tender Accepting Authority (TAA) will award or recommend for award of the contract to the
Bidder who has been found Technically qualified (i.e. responsive) as per the bid conditions and
whose Financial Bid Rate is lowest (L1), unless there is some valid objection.
TAA shall accept the tenders in accordance with the latest Delegation of Financial Power Rules,
Tripura (DFPRT) in force.
Standard Bid Document, THCB – 2021 Page - 37
33. Tender Accepting Authority’s (TAA) reserves the right to Accept any Bid and to
Reject any or all Bids:
Notwithstanding Para 32 above, the Tender Accepting Authority (TAA) reserves the right to accept
or reject any Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the
Award of Contract, without thereby incurring any liability to the effected Bidder or Bidders or any
obligation to inform the affected Bidder or Bidders of the reasons for such action.
The Bidder is liable to be disqualified for 1(one) year if he/she has;
Furnished false / fake / fabricated particulars in the forms, statements and
/annexures submitted in proof of the qualification requirements and/or
Not turned up for entering into agreement, when called upon in other worksin the Department.
Even while execution of the work, if found that the work was awarded to the Contractor based on
false / fake / fabricated certificates of experience, action will be taken as per latest Tripura PWD
Enlistment Rule in force.
The Bidder is liable to be Blacklisted if he/she repeats the process of submitting/ furnishing
false/ fake/fabricated documents in future.
34. Notification of Award, Award of Contract and Signing of Agreement:
The Bidder, whose Bid has been accepted, will be notified by the TAA prior to expiration of the
Bid validity period. After the Bid for the work has been accepted, the same shall be communicated to
the contractor by the TIA in a prescribed format in Appendix-I for submission of the Performance
Guarantee (PG) by the contractor. The time allowed for submission of performance guarantee within
a period of 10 (ten) days from the date of issue of Letter of Acceptance (LOA) (time period as
mentioned in Schedule-F), [however, depending upon the magnitude and / or urgency of the work,
TAA can reduce this period]. This period can further be extended at the written request of the
contractor by the Engineer-in-charge for a maximum period of 7 (seven) days with a Late Fee @
0.1% per day of performance guarantee amount.
The date of start/commencement of the work may accordingly be fixed reckoning it after 7 to 21
days from the date of issue of Letter of Acceptance, depending upon the magnitude and / or
urgency of the work as per Schedule- F.
After submission of the performance guarantee by the contractor in the prescribed format in
Appendix-III, an intimation letter to commence the work & Signing of Agreement (i.e. “Letter of
commencement of Work”) shall be communicated to the contractor by TIA in prescribed format in
Appendix-II.
The said copy of “Letter of Commencement of Work” shall be uploaded in e- procurement
portal to complete the online process of “Award of Contract (AOC)”. While completing the online
AOC process, the ‘Radio Button’ against the bidder’s name whose bid has been accepted, shall be
‘selected’ with other necessary data in relevant field. The bidder will get notified regarding AOC
through auto-generated e-mail/SMS via. e-procurement portal.
The full amount of the Earnest Money of all bidders (technically responsive & non-responsive)
including L1 (lowest rate quoting bidder) will automatically be returned back to their respective
bank account (in case of online payment mode) or, will be released individually by the Tender
Inviting Authority (TIA) (in case of offline payment mode), once the online process of “Award of
Contract” (AOC) has been completed or tender process has been cancelled in e-procurement
portal.
35. Corrupt or Fraudulent or Anti-competitive or Coercive Practices:
The Procuring Entity require that the bidders / tenderers/ suppliers, should observe the highest
Standard Bid Document, THCB – 2021 Page - 38
standard of ethics and should not indulge in the following prohibited practices, either directly or
indirectly, at any stage during the procurement process or during execution of resultant contracts. In
pursuance of this policy, the Procuring Entity
(a) Define for the purposes of the provision, the terms set forth below as follows:
(i) “Corrupt practices” means making offers, solicitation or acceptance of bribe, rewards or gifts or
any material benefit, in exchange for an unfair advantage in the procurement process or to otherwise
influence the procurement process or contract execution; and
(ii) “Fraudulent practice” means any omission or misrepresentation that may mislead or attempt
to mislead so that financial or other benefits may be obtained or an obligation avoided. This
includes making false declaration or providing false information for participation in a tender
process or to secure a contract or in execution of the contract; and
(iii) “Anti-competitive practice” means any collusion, bid rigging or anti- competitive arrangement,
or any other practice coming under thepurview of The Competition Act, 2002, between two or more
bidders (prior to or after Bid submission), with or without the knowledge of the procuring entity,
that may impair the transparency, fairness and the progress of the procurement process or to
establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition; and
(iv) “Coercive practice” means harming or threatening to harm, persons or their property to
influence their participation in the procurementprocess or affect the execution of a contract;
(b) Will reject a proposal for award of contract if it determines that the Bidder recommended for
award has engaged in ‘corrupt or fraudulent or anti- competitive or coercive practices’ in competing
for the contract in question.
(c) Will disqualify the agency/firm for 3(three) year, if at any time determines that the
agency/firm has engaged in ‘corrupt or fraudulent or anti- competitive or coercive practices’ in
competing for, or in executing a Contract.
(d) Furthermore, Bidders shall be aware of the provisions stated in the General Conditions of
Contract (GCC).
Standard Bid Document, THCB – 2021 Page - 39
FORMS OF QUALIFICATION
Standard Bid Document, THCB – 2021 Page - 40
Annexure –I
CHECKLIST TO ACOMPANY THE BID
Whether Required to be
submitted
Whether
Sl. In case of In case of
Submitted
No. Description Single Bid Two Bid
(Yes/No)
Tender Tender
Documents relating to the Registration of the
firm, Registration as Civil Contractor, Partnership
1. deed, Articles of Association under Yes / No Yes Yes
appropriate class.
2. GST registration certificate. Yes / No Yes Yes
Downloaded DNIT as a proof of acceptance of all
3. term’s conditions in the DNIT. Yes / No Yes Yes
Note:
1. The bidder, whose bid has been accepted, shall be required to submit documents related to
(i) Programme Chart (Time and progress), (ii) Valid Labour License or, proof of applying for
obtaining Labour License, (iii) Registration of employee/workers with EPFO (Employees' Provident Fund
Organisation) including Provident Fund Code No. (applicable for Class-I Contractor), (iv) Registration of
employee/workers with ESIC (Employees' State Insurance Corporation) (applicable for Class-I Contractor) and
(v) Registration of employee/workers with BOCW (Building and Other Construction Workers) Welfare Board
(applicable for Class-I Contractor) within the time period specified in ‘Schedule-F’.
1. I/We hereby declare that I/We have perused in detail and examined closely the Standard
Specifications of Government of Tripura, all clauses of the preliminary specifications with all
amendments and have either examined all the standards specifications or will examine all the
standard specifications for items for which I/We tender, before I/We submit such tender and agree to
be bound and comply with all such specifications for this agreement.
2. I/We certify that I/We have inspected the site of the work before quoting my “percentage rate
on estimated cost put to tender in BOQ sheet (for percentage ratetender)” or, “item rate against each
item in BOQ sheet (for item rate tender)”. I /We have satisfied about the availability of working &
storage space at site and transportfacilities for materials.
3. I/We am/are prepared to furnish detailed data in support of all my quoted rates, if and when
called upon to do so without any reservations.
4. I/We hereby declare that I/We will not claim during pendency of the contract or in arbitration
for idle labour and/or idle machinery etc. Similarly, no claim shall be entertained for business
loss or any such loss.
5. a) I/We declare that I/We will procure the required construction materials and use for the work
after approval of the Engineer-in-Charge. The responsibility for arranging and obtaining the land for
borrowing or exploitation in any other way shall rest with me/us for the materials for construction,
I/WE shall ensure smooth and un-interrupted supply of materials.
b) I/We declare that the responsibility for arranging and obtaining the land for disposal of
spoil/soil not useful for construction purposes shall rest with me/us.
c) I/We declare that I/We shall not claim any compensation or any payment for the land so arranged
for disposal of soil and the land for borrow area. My/our quoted “percentage rate on estimated cost
put to tender in BOQ sheet (for percentage rate tender)” or, “item rate against each item in BOQ sheet
(for item rate tender)”, are inclusive of the land so arranged and I/We will hand over the land so
arranged for disposal of soil to; the department after completion of work.
6. I/We declare that I/We will execute the work as per the milestone programme, andif I/We fail to
complete the work as per the mile stone programme I shall abide by the condition to recover
liquidated damages as per the tender conditions.
7. I/We declare that I/We will abide by the mechanism for settlement of disputes as per the tender
conditions.
DECLARATION
I / we, have gone through carefully all the Bid conditions and solemnly declarethat I / we will abide
by any penal action such as disqualification or black listing or termination of contract or any other
action deemed fit, taken by, the Department against us, if it is found that the statements, documents,
certificates produced by us are false
/ fabricated.
I / we hereby declare that, I / WE have not been blacklisted / debarred / Suspended / demoted in
any department in Tripura or in any State of India due to anyreasons.
This is to certify that to the best of our knowledge and information Mr./Sri
……………………………………………………………….…………… having marginally noted address, a
customer of our bank are/is respectable and can be treated as good for any engagement up-to
a limit of Rs………………………………
(Rupees… ................................................................................................................................................... ).
This certificate is issued without any guarantee or responsibility on the Bank or anyof the officers.
NOTE:-
1. In case of partnership firm, certificate to include names of all partners as recorded with the
Bank.
2. Bank solvency should not be older than 180 (one hundred and eighty) days (i.e. Validity
of Bank Solvency) ending on the start date for download of tender documents.
Standard Bid Document, THCB – 2021 Page - 44
STATEMENT – I
Details of value of “Civil Engineering Works Executed” in each year during the lastfive financial
years by the Bidder.
Note: Attach certificate(s) issued by the Deputy Executive Officer/Employer concerned or Chartered
Accountant showing work wise /year wise value of work done in respect of all the works
executed by the Bidder during last five financial years.
Supporting Work Wise / Year Wise Breakup Calculation Sheet for "Statement-I".
TOTAL
Note: 1. "Civil Engineering Works Executed" includes "works completed" as wellas "works
in progress" by the Bidder during last five financial years.
2. Attach certificate(s) issued by the Executive Engineer/Employer
concerned or Chartered Accountant.
Stipulatedperiod
Value ofcontract
Agreement No.&
Balance Valueof
Anticipateddate
of completion
Value of work
of completion
done so far.
works to be
Agreement
Address of
Concluding
completed
authority
Date
Sl.
Name ofwork
No.
1 2 3 4 5 6 7 8 9
Stipula Date on
Address of ted which
Agreement Estimated periodof bid was Present
Sl. value of submit stage of
Name of work Concluding compl
No. work ted Bid.
authority etion
1 2 3 4 5 6 7
Notes:
(i) Site Engineer shall give an undertaking below his Self-Attested degree/diploma
certificate clearly mentioning that he/she is not employed with in any other
contractor/agency/firm other than this bidder for the particular work site only at……………….
The certificate is to be countersigned by the Bidder.
(ii) Presence of Site Engineer during execution of work is mandatory.
SECTION-II:
Percentage Rate Tender/ Item Rate Tender & Contract for Works
To,
TENDER
I/We have read and examined the Notice Inviting Tender, Schedule A, B, C, D, E & F, Specifications
applicable, Drawings & Designs, General Rules and Directions, Conditions of Contract, Clauses of
contract, Special conditions, Schedule of Rate & other documents and Rules referred to in the conditions
of contract and all other contents in the tender document for the work:
(a) For percentage Rate Contract (Tripura PWD Form-7), I / We undertake to execute the work at the
same rate as filled up /quoted online by me/us in Bill of Quantity (in downloaded macro enabled MS-
Excel Sheet) of the same bid as referred to “General Rules & Direction” of this tender document. In
addition, the total amount as computed in macro enabled MS-Excel Sheet through online would be
the quoted offered amount by me/us for the same bid as referred above.
(b) For Item Rate Contract (Tripura PWD Form-8), I / We undertake to execute the work at the same
item rate as filled up /quoted online by me/us for each item in Bill of Quantity (in downloaded
macro enabled MS-Excel Sheet) of the same bid as referred to “General Rules & Direction” of this
tender document. In addition, the total amount as computed in macro enabled MS-Excel Sheet
through online would be the quoted offered amount by me/us for the same bidas referred above.
[strike out (a) or (b), as the case may be]
I/We hereby tender for the execution of the work specified for the Governor of Tripura within the
time specified in Schedule- F viz., schedule of quantities and in accordance in all respect with the
specifications, designs, drawing and instructions in writing referred to in Rule-1 of General Rules
and Directions and in Clause 11 of the Conditions of Contract and with such materials as are provided
for, by, and in accordancewith, such conditions so far as applicable.
I/We agree to keep the tender open for one hundred and eighty (180) days from the due date of its
opening and not to make any modification in its terms and conditions.
I/We have paid Bid Fee (online payment mode only) & Earnest Money (online or offline payment
mode) provided in the e-procurement portal and this Earnest Money will not bear any interest.
If I/We, fail to submit the prescribed Performance Guarantee within prescribed time period, I/We agree
that the Governor of Tripura or his successors, in office shall without prejudice to any other right or
remedy, be at liberty to forfeit the full (100%)amount of the earnest money so deposited by me/us in the
form of online or offline paymentmode during bid submission.
Standard Bid Document, THCB – 2021 Page - 50
If I/We, withdraw the Bid during the validity period of Bid, I/We agree that the Governor of Tripura or
his successors, in office shall without prejudice to any other right or remedy, be at liberty to forfeit the full
(100%) amount of the earnest money so deposited byme/us in the form of online or offline payment mode
during bid submission, without any information notice sent to me/us. Further, I/We shall be liable to be
suspended from taking part/ submission of bid, in any bidding process of the Department for 180(one
hundredeighty) days starting from the date of withdrawn of bid by me/us.
If I/We, fails to start/commence the work within the time period as mentioned inSchedule- F or “Letter of
Commencement of Work”, from the date on which the Engineer-in- Charge issues written orders to
commence the work or, from the date of handing over the site, whichever is later; I/We agree that the
Governor of Tripura or his successors, in office shall without prejudice to any other right or remedy, be at
liberty to forfeit the performance guarantee (PG) amount in a graded way as prescribed in the relevant
Para. No. 14.10.3 of
S.I.T.B. of this NIT document.
I/We hereby declare that I/We shall treat the tender documents drawings and other records connected
with the work as secret/confidential documents and shall not communicate information/derived
therefrom to any person other than a person to whom I/We am/are authorized to communicate the
same or use the information in any manner prejudicial to the safety of the State.
Dated:
Telephone No:
Mobile No:
Email ID:
Occupation:
Standard Bid Document, THCB – 2021 Page - 51
ACCEPTANCE
The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted
by me for and on behalf of the Tripura Housing and Construction Board for a sum of ₹
…………….............................
(Rupees...............................................................................................................
............................................................................................................................)
The letters referred to below shall form part of this contract agreement: -(a)
(b)
(c)
Signature…………………………………..
Designation………………………………..Dated:
Standard Bid Document, THCB – 2021 Page - 52
(iii) Even if the criteria incidentally become the same, the higher turnover on similar works and
thereafter more machinery available for the work and then the clean track record including
litigation aspects will be considered for selection.
Note: Above method can be applied for Two Bid System of tendering with the support ofavailable
online submitted documents. But for Single Bid Tender, the supporting documents which are not
available with the “Tender Evaluation Committee” for calculation/representation of Bid Capacity,
Annual Turnover for the work etc., shall be asked to the bidder by TIA to submit within a fixed time
through official letter.
Applicable for Item Rate Tender Only (Tripura PWD Form-8):
6. Applicable for Item Rate Tender only (Tripura PWD Form -8).
Any person who submits a tender shall fill up the uploaded BOQ sheet [in macro enabled MS-
Excel format], 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 to tender, or in
the time allowed for carrying out the work, or which contain any other conditions of any sort,
including conditional rebates, tempering the uploaded BOQ sheet
/ DNIeT conditions will be summarily rejected.
The rate(s) must be quoted in decimal coinage.
In case the lowest tendered amount (worked out on the basis of quoted rate of Individual items)
of two or more contractors/bidders is same, then selection of contractor/bidder will be done in
the following process:
(i) The Bidder whose Bid Capacity is Higher will be selected.
(ii) In case the bid capacity is also same, the Bidder whose Annual Turnover is Higher will be
selected.
(iii) Even if the criteria incidentally become the same, the higher turnover on similar works and
thereafter more machinery available for the work and then the clean track record including
litigation aspects will be considered for selection.
Note: Above method can be applied for Two Bid System of tendering with the support ofavailable
online submitted documents. But for Single Bid Tender, the supporting documents which are not
available with the “Tender Evaluation Committee” for calculation/representation of Bid Capacity,
Annual Turnover / machinery available for the work, track record regarding litigation aspects
etc., shall be asked to the bidder by TIA to submit within a fixed time through official letter.
7. If a Bidder quotes nil rates or does not quote rate against each item or any item in item
rate tender the tender shall be treated as invalid.
8. The Tender Inviting Authority (TIA) will enter the amounts of the several tenders in a
comparative statement in a suitable form after on-line opening of Financial Bid through e-
procurement portal. In the event of a tender being accepted, a letter for Acceptance [LOA] will
be issued for submission of Performance Guarantee and also a letter for commencement of
work will be issued for complete the formal agreement. On receipt of Performance Guarantee
Fee, the earnest money shall thereupon be returned on-line to the successful bidder without
any interest after completing the online process of Award of Contract (AOC). In the event of a
tender being rejected, the earnest money shall there upon be returned to the contractor
remitting the same, without any interest.
Standard Bid Document, THCB – 2021 Page - 54
9. The Tender Inviting Authority (TIA) shall have the right of rejecting all or any of the
tenders and will not be bound to accept the lowest or any other tender.
10. The receipt of an accountant or clerk for any Documents by the contractor will not be
considered as any acknowledgment or payment/submission of documents to the Tender Inviting
Authority (TIA) and the contractor shall be responsible for seeing that he procures a receipt
signed by the Tender Inviting Authority (TIA).
11. The memorandum of work tendered for and the schedule of materials to be supplied by the
department and their issue-rates, shall be filled and completed in the office of the Tender
Inviting Authority (TIA) before the tender form is uploaded.
12. The tenderers shall sign a declaration under the Official Secret Act 1923, for maintaining
secrecy of the tender documents drawings or other records connected with the work given to
them. The unsuccessful tenderers shall return all the drawings given to them.
13. Use of correcting fluid / tempering of uploaded documents [softcopies], anywhere in
tender document is not permitted. Such tender is liable for rejection.
14. In the case of any tender where unit rate of any item/items appear unrealistic, such tender
will be considered as unbalanced and in case the tenderer is unable to provide satisfactory
explanation, such a tender is liable to be disqualified and rejected.
15. (i) The Contractor whose tender is accepted, will be required to submit performance
guarantee of 5% [Five Percent] of the Contract Amount within the period specified in
Schedule - F. This guarantee shall be in the form of “Deposit at Call receipt or, Demand Draft or,
Banker’s Cheque or, Bank Guarantee” drawn in favour of the Tender Inviting Authority (TIA)
from a well-recognized scheduled/commercial Bank guaranteed by the Reserve Bank of India
having branch at Agartala, Tripura.
(ii) The Bidder whose tender is accepted (hereinafter called the contractor), shall permit
Government at the time of making any payment to him for work done under the contract to
deduct an amount (i.e. Security Deposit) equal to the sum at the rate of 2.5% of the gross
amount of each running and final bill. The amount of Security Deposit will also be accepted
in the shape of Government Securities. Fixed Deposit Receipt of a Scheduled Bank or State
Bank of India will also be accepted for this purposeprovided confirmatory advice is enclosed.
16. On acceptance of the tender, the name of the accredited representative(s) of the contractor
who would be responsible for taking instructions from the Engineer-in- Charge or his
authorized representative, shall be communicated in writing to the Engineer-in-Charge.
17. GST or any other tax applicable in respect of inputs procured by the contractor for this
contract shall be payable by the Contractor and Government will not entertain any claim
whatsoever in respect of the same. However, component of GST at the time of supply of
service (as provided in CGST Act 2017) provided by the contractor shall be varied if different
from that applicable on the last date of receipt of tender including extension if any.
18. The contractor shall give a list of both gazetted and non-gazetted Tripura Housing and
Construction Board employees related to him as “Near Relatives”.
Standard Bid Document, THCB – 2021 Page - 55
19. The tender for the work shall not be witnessed by a contractor or contractors who himself/
themselves has/have tendered or who may and has/have tendered for the same work. Failure to
observe this condition would render, tenders of the contractors tendering, as well as
witnessing the tender, liable to summary rejection.
20. The tender for composite work includes, in addition to building work, all other works such
as electrical work, mechanical works, roads and paths etc. The tenderer apart from being a
registered contractor of appropriate class, must associate himself with agencies of appropriate
class which are eligible to tender for electrical and mechanical works in the composite tender.
21. The contractor shall comply with the provisions of the Apprentices Act 1961, 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 the Joint Executive Officer /Deputy Executive Officer may in his discretion,
without prejudice to any other right or remedy available in law, 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 said Act.
Standard Bid Document, THCB – 2021 Page - 56
CONDITIONS OF CONTRACT
DEFINITIONS:
1. The Contract means the documents forming the tender and acceptance thereof and the
formal agreement executed between the competent authority on behalf of the Governor of
Tripura and the Contractor, together with the documents referred to therein including these
conditions, the specifications, designs, drawings and instructions issued from time to time by
the Engineer-in-Charge 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
(i) 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.
(ii) The Site shall mean the land/or other places on, into or through which work is tobe 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.
(iii) The Contractor shall mean the individual, firm or company, whether incorporated or not,
undertaking the works and shall include the legal personal representative of such individual or
the persons composing such firm or company, or the successors of such firm or company and
the permitted assignees of suchindividual, firm or company.
(iv) The THCB means the Tripura Housing and Construction Board and his successors.
(v) The Engineer-in-charge means the Engineer Officer who shall supervise and be in-charge of
the work and who shall sign the contract on behalf of the Tripura Housing and Construction
Board as mentioned in Schedule - F hereunder.
(vi) Government shall mean the Tripura Housing and Construction Board.
(vii) Tender Accepting Authority (TAA) shall mean the authority mentioned in
Schedule - F.
(viii) Excepted Risk are risks due to riots (other than those on account of contractor’s
employees), war (whether declared or not) invasion, act of foreign enemies, hostilities, civil war,
rebellion revolution, insurrection, military or usurped power, any acts of Government, damages
from aircraft, acts of God, such as earthquake, lightening and unprecedented floods, and other
causes over which the contractor has no control and accepted as such by the Tender Accepting
Authority or causes solely due to use or occupation by Government of the part of the works in
respect of which a certificate of completion has been issued or a cause solely due to
Government’s faulty design of works.
(ix) Market Rate shall be the rate as decided by the Engineer-in-Charge on the basis of the cost of
materials and labour at the site where the work is to be executed plus the percentage mentioned
in Schedule - F to cover, all overheads and profits.
Standard Bid Document, THCB – 2021 Page - 57
(x) Schedule(s) referred to in these conditions shall mean the relevant schedule(s) annexed to
the tender papers or the standard Schedule of Rates of the government mentioned in Schedule - F
hereunder, with the amendments thereto issued uptothe date of receipt of the tender.
(xi) Department means Tripura Housing and Construction Board which invites tenders on
behalf of THCB as specified in Schedule -F.
(xii) State Specifications means the specifications followed by the State Government in the area
where the work is to be executed.
(xiii) Tendered/Bid value means the value of the entire work as stipulated in the Letter
of Acceptance (LOA).
(xiv) Date of commencement of work: The date of commencement of work shall be thedate
of start as specified in Schedule - F or the first date of handing over of the site, whichever is
later, in accordance with the phasing if any, as indicated in thetender document.
SCOPE AND PERFORMANCE:
3. Where the context so requires, words imparting the singular only also include the plural
and vice versa. Any reference to masculine gender shall whenever required include feminine gender
and vice versa.
4. Headings and Marginal notes to these General Conditions of Contract shall not be deemed
to form part thereof or be taken into consideration in the interpretation or construction
thereof or of the contract.
5. The contractor shall be provided free of cost, one certified copy of the contract documents
except standard specifications, Schedule of Rates and such other printed and published
documents, together with all drawings as may be forming part of the tender papers. None of
these documents shall be used for any purpose other than that of this contract.
SUFFICIENCY OF TENDER:
7. The Contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices quoted in the
Schedule of Quantities, which rates and prices shall, except as otherwise provided, cover all his
obligations under the Contract and all matters and things necessary for the proper completion
and maintenance of the works.
Standard Bid Document, THCB – 2021 Page - 58
SIGNING OF CONTRACT:
9. The successful Bidder/Tenderer/contractor, on acceptance of his tender/bid by the
Tender Accepting Authority, shall start of the work & sign the agreement (within the time
period as mentioned in Schedule-F) consisting of:-
(i) The Notice Inviting Tender, all the bid documents including additional conditions,
specifications and drawings, if any, forming part of the tender as uploaded at the time of
invitation of tender and hardcopy of MS Excel BOQ sheet in which rates quoted online at the
time of submission of bid and acceptance thereof together with any correspondence/tender
corrigendum leading thereto including Pre-Bid Conference record note (if any).
(ii) Standard Tripura P.W.D. Form as mentioned in Schedule - F consisting of:
a) Various standard clauses with corrections up to the date stipulated in Schedule
- F along with annexures thereto.
b) Safety and Labour Law:
The contractor shall comply with the provision of all laws including Labour Laws, rules,
regulations and notifications issued thereunder from time to time. All safety and Labour Laws
enforced by the statutory agencies of the state or central Government shall be applicable in the
performance of this contract and the contractor shall abide by these laws.
The contractor shall take all measures necessary or proper to protect the
personnel/workers and shall observe all reasonable safety rules and instructions. Any fire
works like gas cutting or welding jobs will be carried out with full safety precautions. The
contractor shall report as soon as possible any evidence which may indicate or likely to lead
to an abnormal or dangerous
Standard Bid Document, THCB – 2021 Page - 59
situation and shall take all necessary emergency control steps to avoid such abnormal
situations.
During the tenure of this contract nothing shall be done by the contractor in contravention of
any law, rule, act and/or rules and regulations.
The contractor shall at his own expenses, arrange appropriate insurance to cover all risks
assumed by the contractor under this contract in respect of its personnel/worker working
under this contract as well as contractor’s equipments , tools, or any other belongings of the
contractor or their personnel during the entire period of their engagement in connection with
this contract.
The department as well as the state Government will have no liability on this account. Should
there be any lapses in any insurance required to be carried out by the contractor hereunder for
any reason, losses resulting from shall be to thesole account of the contractor.
(iii) No payment for the work done will be made unless contract is signed by thecontractor.
Standard Bid Document, THCB – 2021 Page - 60
CLAUSES OF CONTRACT
CLAUSE 1 : PERFORMANCE GUARANTEE
(i) The contractor shall submit a Performance Guarantee of 5% (Five Percent) of the
Contract Amount in addition to other deposits mentioned elsewhere in the contract forhis proper
performance of the contract agreement, (not withstanding and/or without prejudice to any
other provisions in the contract) within period specified in Schedule
- F from the date of issue of letter of acceptance. This period can be further extended by the
Engineer-in-Charge up to a maximum period as specified in Schedule- F on written request of
the contractor stating the reason for delays in procuring the Performance Guarantee, to the
satisfaction of the Engineer-in-Charge. This guarantee shall be in the form of “Deposit at Call
receipt or, Demand Draft or, Banker’s Cheque or, Bank Guarantee” drawn in favour of the
Tender Inviting Authority (TIA) from a well-recognized scheduled/commercial Bank
guaranteed by the Reserve Bank of India having branch at Agartala, Tripura.
In case the contractor fails to deposit the said performance guarantee within the period as
indicated in Schedule- F, including the extended period if any, the EarnestMoney deposited by
the contractor shall be forfeited automatically without any notice to the contractor.
The earnest money deposited along with bid shall be returned after receiving the aforesaid
performance guarantee.
(ii) The Performance Guarantee shall be initially valid for a period of 60 (sixty) days beyond
the date of completion of all contractual obligations of the contractor, including Defect
Liability Period (DLP). In case the time for completion of work gets enlarged, the contractor
shall get the validity of Performance Guarantee extended to cover such enlarged time for
completion of work. After issuing of the completion certificate for the work by the
competent authority, the performance guarantee shall be returned to the contractor, without
any interest and after the contractor duly performs & completes all obligations under the
contract.
(iii) The performance guarantee will be forfeited in full and credited to the Procuring Entity’s
account in the following event of breach of contract by the contractor.
(a) Failure by the contractor to extend the validity of the Performance Guarantee
as described herein above.
(b) Failure by the contractor to pay Tripura Housing and Construction Board any amount
due, either as agreed by the contractor or determined under any of the Clauses/Conditions of
theagreement, within 30 (thirty) days of the service of notice to this effect by Engineer-in-Charge.
(c) In the event of the contract being determined or rescinded under provision of any of the
Clause/Condition of the agreement.
The person/persons whose tender(s) may be accepted (hereinafter called the contractor) shall
permit Tripura Housing and Construction Board at the time of making any payment to him
for work done under the contract to deduct a sum at the rate of 2.5% (two point five percent)
of the gross amount of each running and final bill.
Standard Bid Document, THCB – 2021 Page - 61
The security deposit shall be collected from the running bills and the final bill of thecontractor
at the rates mentioned above.
The contractor may, at his option, replace the Security Deposit with an unconditionalBank
Guarantee from a bank acceptable to the Procuring Entity at the following stages:
i) After the amount reaches half the value of the limit of Security Deposit; and
ii) After the amount reaches the maximum limit of Security Deposit. One-half of the Security
Deposit (or Bank Guarantee, which replaced Security Deposit) shall be released on the issue of
the taking-over certificate; if the Taking Over Certificates (TOCs) are issued in parts, then in
such proportions as the engineer may determine, having regard to the value of such part or
section. The other half of the Security Deposit (or Bank Guarantee, which replaced the Security
Deposit) shall be released upon 365 days after the final payment or expiry of DLP of the
works, whichever is earlier, on certification by the engineer. In the event of different defect
liability periods being applicable to different sections or parts, the expiration of defect liability
period shall be the latest of such periods.
Provided further that the validity of bank guarantee shall be in conformity with provisions
contained in clause 17 which shall be extended from time to time depending upon extension of
contract granted under provisions of clause 2 and clause 5.
If the contractor fails to maintain the required progress in terms of Clause 5 or to complete
the work on or before the stipulated date of completion for the contract or justified
extended date of completion, as per clause 5 (excluding any extension under Clause 5.5) as
well as any extension granted under clauses 12 and 15, he shall, without prejudice to any other
right or remedy available under the law to the Government on account of such breach, pay as
agreed compensation the amount calculated at the rates stipulated below as the authority
specified in Schedule - F may decide on the amount of Tendered Value of the work for every
completed day/month (as determined) that the progress remains below that specified in Clause
5 or that the work remains incomplete.
This will also apply to items or group of items for which a separate period of completion has
been specified.
(i) Compensation for delay With maximum rate @ 1% (one percent) of the contract value to
of work per week of delay be computed on per day basis based on quantum of damage on
suffered due to stated delay the part of Contractor.
Provided always that the total amount of compensation for delay to be paid under this
Condition shall not exceed 10% (ten percent) of the contract value of work.
In case no compensation has been decided by the authority in Schedule - F during the progress
of work, this shall be no waiver of right to levy compensation by the said authority if the work
remains incomplete on final justified extended date of completion. If the Engineer in Charge
decides to give further extension of time allowing performance of work beyond the justified
extended date, the contractor shall be liable to pay compensation for such extended period.
Standard Bid Document, THCB – 2021 Page - 62
If any variation in amount of contract takes place during such extended period beyond
justified extended date and the contractor becomes entitled to additional time under clause
12, the net period for such variation shall be accounted for while deciding the period for levy of
compensation. However, during such further extended period beyond the justified extended
period, if any delay occurs by events under subclause 5.2, the contractor shall be liable to pay
compensation for such delay.
Provided that compensation during the progress of work before the justified extended date of
completion for delay under this clause shall be for non-achievement of sectional completion or
part handing over of work on stipulated/justified extended date for such part work or if delay
affects any other works/services. This is without prejudice to right of action by the Engineer in
Charge under clause 3 for delay in performance and claim of compensation under that clause.
In case action under clause 2 has not been finalized and the work has been determined under
clause 3, the right of action under this clause shall remain post determination of contract but
levy of compensation shall be for days the progress is behind the schedule on date of
determination, as assessed by the authority in Schedule - F, after due consideration of
justified extension. The compensation for delay, if not decided before the determination of
contract, shall be decided after the determination of contract.
The amount of compensation may be adjusted or set-off against any sum payable to the
Contractor under this or any other contract with the Government. In case, the contractor does
not achieve a particular milestone mentioned in Schedule - F, or the re-scheduled milestone(s)
in terms of Clause 5.4, the amount shown against that milestone shall be withheld, to be
adjusted against the compensation levied as above. With-holding of this amount on failure to
achieve a milestone, shall be automatic without any notice to the contractor.
However, if the contractor catches up with the progress of work on the subsequent
milestone(s), the withheld amount shall be released. In case the contractor fails to make up for
the delay in subsequent milestone(s), amount mentioned against each milestone missed
subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on
such withheld amount.
CLAUSE 2A : INCENTIVE FOR EARLY COMPLETION
In case, the contractor completes the work ahead of stipulated date of completion or justified
extended date of completion as determined under clauses 5.3, 12 & 15, an incentive to the
maximum amount @ 0.25 % (Zero point two five percent) of the contract value per week of
early completion as per mile stone achieved will be paid to the Bidder. In no case the total
respective value of the incentive should exceed 2% of the total value of works as per
milestone. Incentive is allowed for the work whose estimated cost is above ₹ 1(one) crore
for original works. Provided always that provision of the Clause 2A shall be applicable only
when so provided in ‘Schedule - F’.
Subject to other provisions contained in this clause, the Engineer-in-Charge may, without
prejudice to his any other rights or remedy against the contractor in respect of any delay,
inferior workmanship, any claims for damages and/or any other provisions of this contract or
Standard Bid Document, THCB – 2021 Page - 63
otherwise, and whether the date of completion has or has not elapsed, by notice in writing
absolutely determine the contract in any of thefollowing cases:
(i) If the contractor having been given by the Engineer-in-Charge, a notice in writing to rectify,
reconstruct or replace any defective work or that the work is being performed in an inefficient
or otherwise improper or un-workman like manner shall omit to comply with the requirement
of such notice for a period of7(seven) days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the work or
has failed to proceed with the work with due diligence so that in the opinion of the Engineer-
in-Charge (which shall be final and binding) he will be unable to secure completion of the work
by the date for completion and continues to do so after a notice in writing of 7(seven) days from
the Engineer-in-Charge.
(iii) If the contractor fails to complete the work or section of work with individual date of
completion on or before the stipulated or justified extended date, on or before such date of
completion; and the Engineer in Charge without any prejudice to any other right or remedy
under any other provision in the contract has given further reasonable time in a notice given in
writing in that behalf as either mutually agreed or in absence of such mutual agreement by his
own assessment making such time essence of contract and in the opinion of Engineer- in-Charge
the contractor will be unable to complete the same or does not complete the same within the
period specified.
(iv) If the contractor persistently neglects to carry out his obligations under the contract
and/ or commits default in complying with any of the terms and conditions of the contract
and does not remedy it or take effective steps to remedy it within 7(seven) days after a notice
in writing is given to him in that behalf by the Engineer-in-Charge.
(v) If the contractor offer or give or agree to give to any person in Government service or to
any other person on his behalf any gift or consideration of any kindas an inducement or reward
for doing or forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of this or any other contract for Government.
(vi) If the contractor enter into a contract with Government in connection with whichcommission
has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any
such commission and the terms of payment thereof have been previously disclosed in writing to
the Engineer-in-Charge.
(vii) If the contractor secured the contract with Government as a result of wrong tendering or
other non-bonafide methods of competitive tendering or commits breach of Integrity
Agreement.
(viii) If the contractor being an individual, or if a firm, any partner thereof shall at any time
be adjudged insolvent or have a receiving order or order for administration of his estate made
against him or shall take any proceedings for liquidation or composition (other than a
voluntary liquidation for the purpose of amalgamation or reconstruction) under any
Insolvency Act for the time being in force or make any conveyance or assignment of his effects
or composition or arrangement for the benefit of his creditors or purport so to do, or if any
application be made under any Insolvency Act for the time being in force for the sequestration
of his estate or if a trust deed be executed by him for benefit of his creditors.
(ix) 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 arise which entitle the court or the creditor to appoint a
receiver or a manager or which entitle the court to make a winding up order.
Standard Bid Document, THCB – 2021 Page - 64
(x) If the contractor suffers an execution being levied on his goods and allow it to be
continued for a period of 21(twenty-one) days.
(xi) If the contractor assigns, [excluding part(s) of work assigned to other agency(s) by the
contractor as per terms of contract], transfers, sublets [engagement of labour on a piece-work
basis or of labour with materials not to be incorporated in the work, shall not be deemed to be
subletting] or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts
with the entire works or any portion thereof without the prior written approval of the Engineer
-in- Charge. When the contractor has made himself liable for action under any of the cases
aforesaid, the Engineer-in-Charge on behalf of the Governor of Tripura shallhave powers:
(a) To determine the contract as aforesaid so far as performance of work by the Contractor is
concerned (of which determination notice in writing to the contractor under the hand of the
Engineer-in-Charge shall be conclusive evidence). Upon such determination, the Security
Deposit already recovered and Performance Guarantee under the contract shall be liable to be
forfeited and shall be absolutely at the disposal of the Tripura Housing and Construction
Board.
(b) After giving notice to the contractor to measure up the work of the contractor and to take
such whole, or the balance or part thereof, as shall be un-executed out of his hands and to give
it to another contractor to complete the work. Thecontractor, whose contract is determined as
above, shall not be allowed to participate in the tendering process for the balance work
including any newitems needed to complete the work.
In the event of above courses being adopted by the Engineer-in-Charge, the contractor shall
have no claim to compensation for any loss sustained by him by reasons of his having
purchased or procured any materials 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 the contract. And in
case action is taken under any of the provision aforesaid, the contractor shall not be entitled to
recover or be paid any sum for any work thereof or actually performed under this contract
unless and until the Engineer-in-Charge has certified in writing 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.
CLAUSE 3A
In case, the work cannot be started due to reasons not within the control of the contractor
within 1/8th of the stipulated time for completion of work or 30(thirty) days, whichever is
more, either party may close the contract by giving notice to the other party stating
reasons. In such eventuality, the Performance Guarantee of the contractor shall be refunded
within following time limits:
Neither party shall claim any compensation for such eventuality. This clause is not
applicable for any breach of the contract by either party.
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In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause-3
thereof, shall have become exercisable and the same are not exercised, the non-exercise thereof
shall not constitute a waiver of any of the conditions hereof and such powers shall
notwithstanding be exercisable in the event of any future case of default by the contractor and
the liability of the contractor for compensation shall remain unaffected. In the event of the
Engineer-in-Charge putting in force all or any of the powers 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 Engineer-in-Charge which shall be final and binding on the
contractor) use as on hire (the amount of the hire money being also in the final determination of
the Engineer-in- Charge) 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 samein account
at the contract rates, or, in the case of these not being applicable, at current market rates to be
certified by the Engineer-in-Charge, whose certificate thereof shall be final, and binding on the
contractor, to remove such tools, plant, materials, or stores from the premises (within a time to
be specified in such notice) in the event of the contractor failing to comply with any such
requisition, the Engineer-in-Charge mayremove them at the contractor’s expense or sell them by
auction or private sale on account of the contractor and his risk in all respects and the certificate
of the Engineer- in-Charge as to the expenses of any such removal and the amount of the
proceeds andexpenses of any such sale shall be final and conclusive against the contractor.
The time allowed for execution of the Works as specified in the Schedule – F or the extended
time in accordance with these conditions shall be the essence of the Contract. The execution of
the works shall commence from such time period as mentioned in Schedule – F or from the
date of handing over of the site notified by the Engineer-in-Charge, whichever is later. If the
Contractor commits default in commencing the execution of the work as aforesaid, the
performance guarantee shall be forfeited by the Engineer in Charge as per Para. No. 14.10.3
of S.I.T.B. and shall be absolutely at the disposal of the Government without prejudice to
any other right or remedy available in law.
Request for rescheduling of Mile stones or extension of time, to be eligible for consideration,
shall be made by the Contractor in writing within 14(fourteen) days of the happening of the
event causing delay on the prescribed forms i.e. Form of application by the contractor for
seeking rescheduling of milestones (Appendix –VI) along with Form of application by the
contractor for seeking extension of time (Appendix –V) respectively to the authority as
indicated in Schedule- F. The Contractor shall indicate in such a request the period by which
rescheduling of milestone/s or extension of time is desired.
With every request for rescheduling of milestones, or if at any time the actual progress of
work falls behind the approved programme by more than 10% of the stipulated period of
completion of contract, the contractor shall produce a revised programme which shall include
all details of pending drawings and decisions required to complete the contract and also the
target dates by which these details should be available without causing any delay in execution
of the work. A recovery as specified in Schedule – F shall be made on per week basis in case of
delay in submission of therevised programme.
In any such case the authority as indicated in Schedule- F may give a fair and reasonable
extension of time for completion of work or reschedule the mile stones. Engineer -in-Charge
shall finalize/ reschedule a particular mile stone before taking an action against subsequent
mile stone. Such extension or rescheduling of the milestones shall be communicated to the
Contractor by theauthority as indicated in Schedule-F in writing, within 21(twenty-one) days of
the date of receipt of such request from the Contractor in prescribed form. In event of non-
application by the contractor for extension of time E-in-C after affording opportunity to the
contractor, may give, supported with a programme (as specified under 5.4 above), a fair and
reasonable extension within a reasonable period of occurrence of the event.
In case the work is delayed by any reasons, in the opinion of the Engineer-in-Charge, by the
contractor for reasons beyond the events mentioned in clause 5.2 or clause 5.3 or clause 5.4 and
beyond the justified extended date; without prejudice to right to take action under Clause 3, the
Engineer-in-Charge may grant extension of time required for completion of work without
rescheduling of milestones. The contractor shall be liable for levy of compensation for delay for
such extension of time.
present at the time of such measurements after the contractor or his authorized representative
has been given a notice in writing 3(three) days in advance by the Engineer-in-Charge or his
authorized representative or fails to countersign or to record objection within a week from the
date of the measurement, then such measurements recorded in his absence by the Engineer-in-
Charge or his representative shall be deemed to be accepted by the Contractor.
The contractor shall, without extra charge, provide all assistance with every appliance,labour and
other things necessary for measurements and recording levels.
Except where any general or detailed description of the work expressly shows to the contrary,
measurements shall be taken in accordance with the procedure set forth in the specifications
notwithstanding any provision in the relevant Standard Method of measurement or any general
or local custom. In the case of items which are not covered by specifications, measurements shall
be taken in accordance with the relevant standard method of measurement issued by the
Bureau of Indian Standards and if for any item no such standard is available, then a mutually
agreed method shall be followed.
The contractor shall give, not less than seven days’ notice to the Engineer-in-Charge or his
authorized representative 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 covered up or placed beyond the reach
of measurement and shall not cover up and place beyond reachof measurement any work without
consent in writing of the Engineer-in-Charge or his authorized representative in charge 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 measurements without such notice having been
given or the Engineer-in- Charge’s consent being obtained in writing, the same shall be
uncovered at the Contractor’s expense, or in default thereof no payment or allowance shall be
made forsuch work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or through
another officer of the department to check the measurements recorded jointly or otherwise as
aforesaid and all provisions stipulated herein above shall be applicable to such checking of
measurements or levels.
It is also a term of this contract that recording of measurements of any item of work in the
measurement book and/or its payment in the interim, on account or final bill shall not be
considered as conclusive evidence as to the sufficiency of any work or material to which it
relates nor shall it relieve the contractor from liabilities from any over measurement or defects
noticed till completion of the defects liability period.
Whenever bill is due for payment, the contractor would initially submit draft computerized
measurement sheets and these measurements would be got checked/test checked from the
Engineer-in-Charge and/or his authorized representative. The contractor will, thereafter,
incorporate such changes as may be done during these checks/test checks in his draft
computerized measurements, and submit to the department a computerized measurement
book, duly bound, and with its pages machine numbered. The Engineer-in- Charge and/or his
authorized representative would thereafter check this MB, and record the necessary certificates
for theirchecks/test checks.
The final, fair, computerized measurement book given by the contractor, duly bound, with its
pages machine numbered, should be 100% correct, and no cutting or over- writing in the
measurements would thereafter be allowed. If at all any error is noticed, the contractor shall
have to submit a fresh computerized MB with its pages duly machine numbered and bound,
after getting the earlier MB cancelled by the department. Thereafter, the MB shall be taken in the
Divisional Office records, and allotted a number as per the Register of Computerised MBs. This
should be done before the corresponding bill is submitted to the Division Office for payment.
The contractor shall submit two spare copies of such computerized MB’s for the purpose of
reference and record by thevarious officers of the department.
The contractor shall also submit to the department separately his computerized Abstract of
Cost and the bill based on these measurements, duly bound, and its pages machine numbered
along with two spare copies of the “bill. Thereafter, this bill will be processed by the Division
Office and allotted a number as per the computerized record in the same way as done for the
measurement book meant for measurements.
The contractor shall, without extra charge, provide all assistance with every appliance,labour and
other things necessary for checking of measurements/levels by the Engineer-in- Charge or his
representative.
Except where any general or detailed description of the work expressly shows to the contrary,
measurements shall be taken in accordance with the procedure set forth in the specifications
notwithstanding any provision in the relevant Standard Method of measurement or any general
or local custom. In the case of items which are not covered by specifications, measurements shall
be taken in accordance with the relevant standard method of measurement issued by the
Bureau of Indian Standards and if for any item no such standard is available then a mutually
agreed method shall be followed.
The contractor shall give not less than 7(seven) days’ notice to the Engineer-in-Charge or his
authorized representative in charge of the work before covering up or otherwise placing beyond
the reach of checking and/or test checking the measurement of any work in order that the
same may be checked and/or test checked and correct dimensions thereof be taken before
the same is covered up or placed beyond the reach of checking and/or test checking measurement
and shall not cover up and place beyond reach of measurement any work without consent in
writing of the Engineer-in-Charge or his authorized representative in charge of the work who
shall within the aforesaid period of 7(seven) days inspect the work, and if any work shall be
covered up or placed beyond the reach of checking and/or test checking measurements without
such notice having been given or the Engineer-in-Charge’s consent being obtained in writing 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.
Engineer-in-Charge or his authorized representative may cause either themselves or through
another officer of the department to check the measurements recorded by contractor and all
provisions stipulated herein above shall be applicable to such checking of measurements or
levels.
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It is also a term of this contract that checking and/or test checking the measurements of any
item of work in the measurement book and/or its payment in the interim, on account of final
bill shall not be considered as conclusive evidence as to the sufficiencyof any work or material to
which it relates nor shall it relieve the contractor from liabilities from any over measurement or
defects noticed till completion of the defectsliability period.
Like manual system, e-MB will be allotted to Junior Engineer (JE) by Deputy Executive Officer (EE)
through online and e-MB will be responsive and flow based as per the norms of the department.
An ID will be generated through the system for every e-MB and proper tracking will be
maintained on details of the allottee and recipients. Like measurement book, e-MB will keep
record of every item in respect of length, breadth, height and number or formulae. Once
measurements are recorded in e-MB by JE, it can be test checked by Assistant Executive Officer
(AE) and Deputy Executive Officer (EE) by logging on to the system by using log-in details of the
respective official. Every test check will be recorded and mapping of the entire activities will be
mapped and maintained. Once measurements are recorded in e-MB against corresponding
items available in BOQ or any extra/ additional item (s), abstract of cost will be generated
automatically based on the inputs of rates. Similarly based on same data, bill can be generated
for payment asper prevailing rules and guidelines.
No payment shall be made for work, estimated to cost ₹1.00 Lakh (Rupees One
Lakh) or less till after the whole of the work shall have been completed and certificate of
completion given. For works estimated to cost over ₹1.00 Lakh (Rupees One Lakh), the
interim or running account bills (amounting not less than @10% of the tendered value
subject to minimum value of work amounting ₹1.00 Lakh) shall be submitted by the
contractor for the work executed on the basis of such recorded measurements on the format of
the Department in triplicate on or before the date of every month fixed for the same by the
Engineer-in-Charge. The contractor shall not be entitled to be paid any such interim payment if
the gross work done together with net payment/ adjustment of advances for material collected,
if any, since the last such payment is less than the amount specified in Schedule – F, in which
case the interim bill shall be prepared on the appointed date of the month after the requisite
progress is achieved. Engineer-in-Charge shall arrange to have the bill verified by taking or causing
to be taken, where necessary, the requisite measurements of the work. In the event of the failure
of the contractor to submit the bills, Engineer-in-Charge shall prepare or cause to be prepared
such bills in which event no claims whatsoever due to delays on payment including that of interest
shall be payable to the contractor. Payment on account of amount admissible shall be made by
the Engineer-in- Charge certifyingthe sum to which the contractor is considered entitled by way
of interim payment at such rates as decided by the Engineer-in-Charge. The amount admissible
shall be paid by 10th working day after the day of presentation of the bill by the Contractor to
the Engineer-in-Charge or his Assistant Executive Officer together with the account of the
material issued by the department, or dismantled materials, if any. In the case of works outside
the headquarters of the Engineer- in-Charge, the period of ten working days will be extended to
fifteen working days. In case of delay in payment no interest shall be paidto the contractor.
All such interim payments shall be regarded as payment by way of advances against final
payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled
work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given
by the Engineer-in-Charge relating to the work done or materials delivered forming part of such
payment, may be modified or corrected by any subsequent such certificate(s) or by the final
Standard Bid Document, THCB – 2021 Page - 71
certificate and shall not by itself be conclusive evidence that any work or materials to which it
relates is/are in accordance with the contract and specifications. Any such interim payment, or
any part thereof shall not in any respect conclude, determine or affect in any way powers of the
Engineer- in-Charge under the contract or any of such payments be treated as final settlement
and adjustment of accounts or in any way vary or affect the contract.
In case of composite tenders, running payment for the major component shall be made by EE of
major discipline to the main contractor. Running payment for minor component shall be made by
the Engineer-in-Charge of the discipline of minor component directlyto the main contractor.
In case main contractor fails to make the payment to the contractor associated by him within
15(fifteen) days of receipt of each running account payment, then on the written complaint of
contractor associated for such minor component, Engineer in charge of minor component shall
serve the show cause to the main contractor and if reply of main contractor either not received or
found unsatisfactory, he may make the payment directly to the contractor associated for minor
component as per the terms and conditions of the agreement drawn between main contractor
and associate contractor fixed by him. Such payment made to the associate contractor shall be
recovered by Engineer-in-charge of major or minor component from the next R/A/ final bill due
to main contractor as the case may be.
CLAUSE 7A
No Running Account Bill shall be paid for the work till the following documents aresubmitted
by the contractor to the Engineer-in-Charge:
(i) Valid Labour License regarding engagement of workers in the contract works from Labour
Department, Government of Tripura, and
(ii) Certificate regarding registration of employee/workers with EPFO (Employees’ Provident
Fund Organisation) including Provident Fund Code No. (applicable forClass-I Contractor).
(iii) Certificate regarding registration of employee/workers with ESIC (Employees’ State
Insurance Corporation) (applicable for Class-I Contractor).
(iv) Certificate regarding registration of employee/workers with BOCW (Building and Other
Construction Workers) Welfare Board (applicable for Class-I Contractor).
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Within 10(ten) days of the completion of the work, the contractor shall give notice of such
completion to the Engineer-in-Charge and within 30(thirty) days of the receiptof such notice, the
Engineer-in-Charge shall inspect the work and if there is no defectin the work, shall furnish the
contractor with a final certificate of completion, otherwise a provisional certificate of
physical 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 final certificate of completion shall be issued, nor shall the work be considered to be
complete until the contractor shall have removed all scaffolding, surplus materials,
rubbish and all huts and sanitary arrangements made for his/their work people from the
premises of work site by the contractor(s) and cleaned off the dirt from all wood work, doors,
windows, walls, floor or other parts of the building, in, upon, or about which the work is
executed or of which he may have had possession for the purpose of the execution; thereof,
and not until the work shall have been measured bythe Engineer-in-Charge.
If the contractor fail to comply with the requirements of this Clause as to removal of
scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as
aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the
Engineer-in-Charge may at the expense of the contractor remove such scaffolding, surplus
materials and rubbish etc., and dispose of the same as he thinks fit and clean off such dirt as
aforesaid, and the contractor shall have no claim in respect of scaffolding or surplus
materials as aforesaid except for any sum actually realized by the sale thereof.
When the annual repairs and maintenance of works are carried out, the splashes and droppings
from white washing, colour washing, painting etc., on walls, floor, windows, etc shall be removed
and the surface cleaned simultaneously with the completion of these items of work in the
individual rooms, quarters or premises etc. where the work is done: without waiting for the
actual completion of all the other items of work in the contract. In case the contractor fails to
comply with the requirements of this clause, the Engineer-in-Charge shall have the right to get
this work done at the cost of the contractor either departmentally or through any other agency.
Before taking such action, the Engineer-in-Charge shall give 10(ten) days’ notice in writing to
the contractor.
The contractor shall submit completion plan for Internal and External Civil, Electrical and
Mechanical Services within 30(thirty) days of the completion of the work provided that the
service plans having been issued for execution by the Engineer-in- Charge, unless the
contractor, by virtue of any other provision in the contract, is required to prepare such plans.
In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to
pay a sum of 0.1 % of Tendered Value or limit prescribed in Schedule – F, whichever is more
as may be fixed by the NIT Approving Authority and in this respect the decision of the authority
shall be final and binding on the contractor.
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The final bill shall be submitted by the contractor in the same manner as specified in interim
bills within 90(ninety) days of physical completion of the work or within 30(thirty) days of
the date of the final certificate of completion furnished by the Engineer-in-Charge,
whichever is earlier. No further claims shall be made by the contractor after submission of the
final bill and these shall be deemed to have been waived and extinguished. Payments of those
items of the bill in respect of which there is no dispute and of items in dispute, for quantities and
rates as approved by Engineer- in-Charge, will, as far as possible be made within the period
specified hereinunder, the period being reckoned from the date of receipt of the bill by the
Engineer-in- Charge or his authorized Assistant Executive Officer, complete with account of
materials issued by the Department and dismantled materials.
(i) If the Tendered value of work is up to ₹ 1.0 Crore60 days
(ii) If the Tendered value of work is more than ₹1.0 Crore and up to 90 days
₹ 10.00 Crore
(iii) If the Tendered value of work exceeds ₹ 10.00 Crore180 days
Materials which will be supplied by the Government are shown in Schedule ‘B’ which also
stipulates quantum, place of issue and rate(s) to be charged in respect thereof. The contractor
shall be bound to procure them from the Engineer-in-Charge.
As soon as the work is awarded, the contractor shall finalise the programme for the
completion of work as per Clause-5 of this contract and shall give his estimates of materials
required on the basis of drawings/or schedule of quantities of the work. The Contractor shall
give in writing his requirement to the Engineer-in-Charge which shallbe issued to him keeping in
view the progress of work as assessed by the Engineer-in- Charge, in accordance with the agreed
phased programme of work indicating monthly requirements of various materials. The
contractor shall place his indent in writing for issue of such materials at least 7 days in advance
of his requirement.
Such materials shall be supplied for the purpose of the contract only and the value of the
materials so supplied at the rates specified in the aforesaid schedule shall be set off or
deducted, as and when materials are consumed in items of work (including normal wastage) for
which payment is being made to the contractor, from any sum then due or which may therefore
become due to the contractor under the contract or otherwise or from the security deposit. At
the time of submission of bills, the contractor shall certify that balance of materials supplied is
available at site in original good condition.
The contractor shall submit along with every running bill (on account or interim bill) material
wise reconciliation statements supported by complete calculations reconciling total issue, total
consumption and certified balance (diameter/section-wise in the case of steel) and resulting
variations and reasons therefore. Engineer-in-Charge shall (whose decision shall be final and
binding on the contractor) be within his rights to follow the procedure of recovery in clause 41 at
any stage of the work if reconciliation is not foundto be satisfactory.
The contractor shall bear the cost of getting the material issued, loading, transporting to site,
unloading, storing under cover as required, cutting assembling and joining the several parts
together as necessary. Notwithstanding anything to the contrary contained in any other clause of
the contract and all stores/materials so supplied to the contractoror procured with the assistance
Standard Bid Document, THCB – 2021 Page - 74
of the Government shall remain the absolute propertyof Government and the contractor shall be
the trustee of the stores/materials, and the said stores/materials shall not be removed/disposed
off from the site of the work on any account and shall be at all times open to inspection by the
Engineer-in-Charge or his authorized agent. Any such stores/materials remaining unused shall be
returned to the Engineer-in- Charge in as good a condition in which they were originally supplied
at a place directed by him, at a place of issue or any other place specified by him as he shall
require, but in case it is decided not to take back the stores/materials the contractor shall
have no claim for compensation on any account of such stores/materials so supplied to him as
aforesaid and not used by him or for any wastagein or damage to in such stores/materials.
On being required to return the stores/materials, the contractor shall hand over the stores/
materials on being paid or credited such price as the Engineer-in-Charge shall determine, having
due regard to the condition of the stores/materials. The price allowed for credit to the contractor,
however, shall be at the prevailing market rate not exceeding the amount charged to him,
excluding the storage charge, if any. The decision of the Engineer-in-Charge shall be final and
conclusive. In the event of breach of the aforesaid condition, the contractor shall in addition to
throwing himself open to account for contravention of the terms of the licences or permit
and/or for criminal breach of trust, be liable to Government for all advantages or profits
resulting or which in the usual course would have resulted to him by reason of such breach.
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 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 original scheduled time for completion of the work
plus 50% thereof or schedule time plus 6 months, whichever is more. If the time of completion
of work exceeds 12 months, but if a part of the materials only 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 materials and stores supplied in the aforesaid period. For the completion of
the rest of the work, the contractor shall be entitled to such extension of time as may be
determined by the Engineer-in-Charge whose decision in this regard shall be final and binding
on the contractor.
The contractor shall see that only the required quantities of materials are got issued. Any such
material remaining unused and in perfectly good/original condition at the time of completion
or determination of the contract shall be returned to the Engineer- in-Charge at the stores from
which it was issued or at a place directed by him by a notice in writing. The contractor shall not be
entitled for loading, transporting, unloading and stacking of such unused material except for the
extra lead, if any involved, beyond theoriginal place of issue.
The contractor shall, at his own expense, provide all materials, required for the works other
than those which are stipulated to be supplied by the Government.
The contractor shall, at his own expense and without delay, supply to the Engineer-in- Charge
samples of materials to be used on the work and shall get these approved in advance. All such
materials to be provided by the Contractor shall be in conformity withthe specifications laid down
or referred to in the contract. The contractor shall, if requested by the Engineer-in- Charge
furnish proof, to the satisfaction of the Engineer- in-Charge that the materials so comply. The
Engineer-in-Charge shall within thirty days of supply of samples or within such further period as
he may require intimate to the Contractor in writing whether samples are approved by him or
not. If samples are not approved, the Contractor shall forthwith arrange to supply to the
Engineer-in-Charge for his approval, fresh samples complying with the specifications laid down
in the contract. When materials are required to be tested in accordance with specifications,
approval of the Engineer-in-Charge shall be issued after the test results are received.
Standard Bid Document, THCB – 2021 Page - 75
The Contractor shall at his own risk and cost submit the samples of materials to be tested or
analysed and shall not make use of or incorporate in the work any materials represented by the
samples until the required tests or analysis have been made and materials finally accepted by
the Engineer-in-Charge. The Contractor shall not be eligible for any claim or compensation
either arising out of any delay in the work or due to any corrective measures required to be
taken on account of and as a resultof testing of materials.
The contractor shall, at his risk and cost, make all arrangements and shall provide all facilities
as the Engineer-in-Charge may require for collecting, and preparing the required number of
samples for such tests at such time and to such place or places as may be directed by the
Engineer-in-Charge and bear all charges and cost of testing unless specifically provided for
otherwise elsewhere in the contract or specifications.The Engineer-in-Charge or his authorized
representative shall at all times have access to the works and to all workshops and places
where work is being prepared or from where materials, manufactured articles or machinery
are being obtained for the works and the contractor shall afford every facility and every
assistance in obtaining the right to such access.
The Engineer-in-Charge shall have full powers to remove from the premises of all materials
which in his opinion are not in accordance with the specifications and in case of default, the
Engineer-in-Charge shall be at liberty to employ at the expense of the contractor, 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 Engineer-in- Charge shall also have full powers to
require other proper materials to be substituted thereof and in case of default, the Engineer-in-
Charge may cause the same to be supplied and all costs which may attend such removal and
substitution shall be borneby the Contractor.
The contractor shall at his own expense, provide a material testing lab at the site for
conducting routine field tests (works value more than Rs. 500 lacs). The lab shall be equipped
at least with the testing equipment as specified in Schedule - F.
CLAUSE 10B
Secured Advance on the security of materials (which are not combustible, fragile or perishable
in nature) brought to the site but not yet incorporated in the works will be made up to 75%
(seventy-five percent) of invoice value, or the 75% (seventy-five percent) of the corresponding
value of the materials determined on the basis of BOQ rates, whichever is less, subject to the
condition that their quantities are not excessive and shall be used within a period of 90 (ninety)
days and subject to other stipulations in the contract. The contractor will be required to sign an
indenture bond, hypothecating the goods to the procuring entity, and also be responsible for
their safe custody. Before the advance is released, the procuring entity may inspect the site to
ensure that the Contractor has safeguarded the materials against pilferage and deterioration. It
may be ensured that the contractor has not taken any loan/ limit from banks against
hypothecation of the materials against which the secured advance is claimed. An undertaking
in this regard may also be taken from the contractor.
Generally, as per the provisions of the contracts, the contractors are required to submit proof of
cost of materials and the delivery of material at site while claiming such advances. The stock
register should be maintained from the commencement of the contract and, unless otherwise
prescribed in the contracts, the stock, so considered for advance, should generally be only paid
stock (and not brought on credit). Where the materials are supplied from a captive source of
the contractor, the reasonableness ofthe valuation of such materials may be ensured.
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The advance will be repaid from each succeeding running bill (periodic/ interim payment) to
the extent materials for which advance has been previously paid have been incorporated into the
works. In all cases, the repayment of the advance will be affected after expiry of a period of 120
days since payment of advance, whether the material isconsumed in the work or not.
Provided always that provision of Clause 10 B (i) shall be applicable only when so provided
in ‘Schedule F’.
If considered justified in certain specialized and capital intensive works, Contract may
provide for an interest-bearing mobilisation advance to be paid to the contractor exclusively for
the costs of mobilisation at 10% (ten percent) of the contract price on the provision by the
contractor of an unconditional BG. Such BGs shall remain effectiveuntil the advance payment has
been fully repaid, but the amount thereof shall be progressively reduced by the amount repaid
by the contractor, as indicated in the interim payment certificates.
The aforesaid advance of 10% (ten percent) may be paid in 2(two) instalments, each of 5% (five
percent). The first one may be paid on commencement of the work and provision by the
contractor of the unconditional BG in respect of the advance. The second instalment may be
paid on certification by the engineer of the contractor’s having achieved a financial progress of
10% (ten percent) of the contract price, as also provision of a BG by the contractor for this part
of the advance. Mobilisation expenditure mentioned herein shall not include the margin money
and bank commission, and so on, paid by the contractor for procurement of BGs against
performance security and mobilization advance.
Provided always that provision of Clause 10 B (ii) shall be applicable only when so provided
in ‘Schedule F’.
Another interest-bearing advance of 5% (five percent) of the contract price, depending on the
merits of the case, may be paid against the new key construction equipment purchased for
the work and brought to the site, if so provided in the Bid Documents and so requested by the
contractor. The advance should normally not be more than 50% (fifty percent) of the depreciated
cost of such plants and machinery should be hypothecated to the Govt., before the payment of
advance is released. This advance shall be subject to the following conditions: (i) the contractor
shall produce satisfactory proof of payment; (ii) such equipment is considered necessary by the
engineer for the works; (iii) the equipment has been verified to have been brought to site; (iv)
the contractor gives an undertaking on stamp paper that the equipment will work only on that
job and will not be removed from the site without obtaining written approval from the engineer;
and (v) the contractor furnishes a BG to cover the advance. No advance shall be admissible on
equipment purchased under a hire purchase scheme/ financing arrangement or on hired
equipment.
The rate of interest shall be stipulated in the bid documents [say 10 (ten) per cent per annum] or
as may be notified by the Procuring Agency from time to time.
The repayment of advances shall be done through proportionate percentage deductions from
running bill (periodic/ interim payment). The time of commencement of repayment, rate of
deductions from interim payments, and time by which the advance should be fully repaid will be
as specified in the contract.
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All advances shall be used by the contractor exclusively for mobilisation expenditure, including
the acquisition of construction-related plant and equipment. Should the contractor
misappropriate any portion of the advance, it shall become due and payable immediately, and no
further advance will be made to the contractor thereafter. In such cases, the contractor shall also
be liable for appropriate action under the contract.
Provided always that provision of Clause 10B (iii) shall be applicable only when so provided
in ‘Schedule F’.
The mobilization advance in (ii) and Plant, Machinery & shuttering Material Advance in (iii)
above, will bear simple interest at the rate of 10% (ten percent) per annum and shall be
calculated from the date of payment to the date of recovery, both days inclusive, on the
outstanding amount of advance. Recovery of such sums advanced shall be made by the
deduction from the contractors bills commencing after first ten per cent of the gross value of
the work is executed and paid, on pro-rata percentage basis to the gross value of the work
billed beyond 10% in such a way that the entire advance is recovered by the time eighty per
cent of the gross value of the contract is executed and paid, together with interest due on the
entire outstanding amount up tothe date of recovery of the instalment.
10B (v) :
This clause will deal with rise and fall of the prices in construction materials/ labour and other
key inputs. However, this shall not be applicable in the contracts where period of completion
is 24 (twenty-four) months or less.
The amount payable to the contractor shall be adjusted in respect of the rise or fall inthe cost of
labour, Petroleum, Oils and Lubricants (POL) and materials to the work for which appropriate
formulae shall be prescribed in the contract and shall form part ofthe tender document.
If the prices of materials (not being materials supplied or services rendered at fixed prices by
the department in accordance with clause 10 & 34 thereof) 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 that such compensation for escalation in prices and wages shall
be available only for the work done during the stipulated period of the contract including
the justified period extended under the provisions of clause 5 of the contract without any
action under clause 2. However, for the work done during the justified period extended as above,
the compensation as detailed below will be limited to prices/wages prevailing at the time of
updated stipulated date of completion considering the effect of extra work ( extra time to be
calculated on pro-rata basis only as cost of extra work x stipulated period/tendered cost). No
such compensation shall be payable for a work for which the stipulated period of completion is
equal to or less than the time as specified in Schedule
F. Such compensation for escalation in the prices of materials and labour, when due, shall be
worked out based on the following provisions: -
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(i) The base date for working out such escalation shall be the last stipulated date of receipt of
tenders including extension, if any.
(ii) The cost of work on which escalation will be payable shall be reckoned as below:
the index prevailing at thetime of updated stipulated date of completion considering the effect
of extra work(extra time to be calculated on prorata basis only as cost of extra work x stipulated
period/tendered cost, shall be considered.)
MlO = All India Wholesale Price Index for civil component/electrical component* of construction
material as worked out on the basis of All India Wholesale Price Index for Individual
Commodities/Group Items valid on the last stipulated date of receipt of tender including
extension, if any, as published by the Economic Advisor to Govt. of India, Ministry of Industry &
Commerce and applying weightages to the Individual Commodities/Group items.
Adjustment for civil component / electrical component of construction ‘Materials’
*Note: relevant component only will be applicable.
(v) The following principles shall be followed while working out the indices mentioned in para (iv)
above.
(a) The compensation for escalation shall be worked out at quarterly intervals and shall be with
respect to the cost of work done as per bills paid during the three calendar months of the said
quarter. The dates of preparation of bills as finally entered in the Measurement Book by the
Assistant Executive Officer/ date of submission of bill finally by the contractor to the
department in case of computerised measurement books shall be the guiding factor to decide
the bills relevant to the quarterly interval. The first such payment shall be made at the end of
three months after the month (excluding the month in which 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.
(b) The index (MI/FI etc.) relevant to any quarter/period for which such compensation is paid
shall be the arithmetical average of the indices relevant to the three calendar months. If the
period up to date of completion after the quarter covered by the last such instalment of
payment, is less than three months, the index Ml and Fl shall be the average of the indices for
the monthsfalling within that period.
(vi) The compensation for escalation for labour shall be worked out as per the formula given
below:-
Price escalation i.e. clause 10CC is not applicable for this contract under any circumstances.
CLAUSE 10 D : DISMANTLED MATERIAL GOVT. PROPERTY
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 off
to the best advantage of Government according to the instructions in writing issued by the
Engineer-in-Charge.
The contractor shall execute the whole and every part of the work in the most substantial and
workmanlike manner 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 and instructions in writing in respect of the work signed by
the Engineer-in-Charge and the contractor shall be furnished free of charge one copy of the
contract documents together with specifications, designs, drawings and instructions as are not
included in the standard specifications of Central Public Works Department
(CPWD)/MoRD/MoRTH or in any Bureau of Indian Standard (BIS) or any other, published
standard or code or, Schedule of Rates or any other printed publication referred to elsewhere in
the contract.
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The contractor shall comply with the provisions of the contract and with the care and diligence
execute and maintain the works and provide all labour and materials, tools andplants including for
measurements and supervision of all works, structural plans and other things of temporary or
permanent nature required for such execution and maintenance in so far as the necessity for
providing these, is specified or is reasonably inferred from the contract. The Contractor shall
take full responsibility for adequacy, suitability and safety of all the works and methods of
construction.
The Engineer-in-Charge shall have power (i) to make alteration in, omissions from, additions to,
or substitutions for the original specifications, drawings, designs and instructions that may
appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a
part of the works in case of non-availability of a portion of the site or for any other reasons and
the contractor shall be bound to carry out the works in accordance with any instructions given
to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions
or substitutions shall form part of the contract as if originally provided therein and any
altered, additional or substituted work which the contractor may be directed to do in the manner
specified above as part of the works, shall be carried out by the contractor on the same conditions
in all respects including price on which he agreed to do the main work except as hereafter
provided.
The completion cost of any agreement for Construction/Maintenance works including works
of upgradation, aesthetic, special repair, addition/ alteration shall not exceed the Tendered
amount. Any further deviation beyond this limit shall be approved by the appropriate
authority as per latest Delegation of Financial Power Rules, Tripura (DFPRT) in force with
recorded reason and take suitable corrective action.
The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered, be extended, if requested by the
contractor, as follows:
(i) In the proportion which the additional cost of the altered, additional or
substituted work, bears to the original tendered value plus
(ii) 10% of the time calculated in (i) above or such further additional time as may
be considered reasonable by the Engineer-in-Charge.
(b) If the market rate for the substituted item so determined is less than the market rate of the
agreement item (to be substituted), the rate payable to the contractor for the substituted item
shall be the rate for the agreement item (to be substituted) so decreased to the extent of the
difference between the market rates of substituted item and the agreement item (to be
substituted).
B. FOR MAINTENANCE WORKS INCLUDING WORKS OF UPGRADATION,AESTHETIC,
SPECIAL REPAIR, ADDITION/ ALTERATION:
In the case of Substitute Item(s) being the schedule items (Tripura Schedule of Rates items),
these shall be paid as per the schedule rate plus cost index (at the time of tender) plus/minus
percentage above/ below quoted contract amount. Payment of Substitute in case of non-
schedule items (Non-SoR, Tripura items) shall be made as per the prevailing market rate.
DEVIATION, DEVIATED QUANTITIES, PRICING
A. FOR PROJECT AND ORIGINAL WORKS:
In the case of contract items, substituted items, contract cum substituted items, which exceed
the limits laid down in Schedule -F, the contractor may within fifteen days of receipt of order
or occurrence of the excess, claim revision of the rates, supported by proper analysis for the work
in excess of the above mentioned limits, provided that if the rates so claimed are in excess of
the rates specified in the schedule of quantities, the Engineer-in-Charge shall within prescribed
timelimit of receipt of the claims supported by analysis, after giving consideration to theanalysis of
the rates submitted by the contractor, determine the rates on the basis of the market rates and
the contractor shall be paid in accordance with therates so determined.
B. FOR MAINTENANCE WORKS INCLUDING WORKS OF UPGRADATION,AESTHETIC,
SPECIAL REPAIR, ADDITION/ ALTERATION:
In the case of contract items, which exceed the limits laid down in Schedule -F, the contractor
shall be paid rates specified in the schedule of quantities.
The prescribed time limits for finalising rates for Extra Item(s), Substitute Item(s) and Deviated
Quantities of contract items is within 30 (thirty) days after submission of proposal by the
contractor without observation of the Engineer-in-Charge.
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A. FOR PROJECT AND ORIGINAL WORKS:
The provisions of the preceding paragraph shall also apply to the decrease in the rates of items
for the work in excess of the limits laid down in Schedule- F, and the Engineer-in-Charge shall
after giving notice to the contractor within one month of occurrence of the excess and after
taking into consideration any reply received from him within fifteen days of the receipt of the
notice, revise the rates for the work in question within one month of the expiry of the said
period of fifteen days having regard to the market rates.
B. FOR MAINTENANCE WORKS INCLUDING WORKS OF UPGRADATION,AESTHETIC,
SPECIAL REPAIR, ADDITION/ ALTERATION:
In case of decrease in the rates prevailing in the market of items for the work in excess of the
limits laid down in Schedule- F, the Engineer-in-Charge shall after giving notice to the
contractor within one month of occurrence of the excess and after taking into consideration any
reply received from him within fifteen days of the receipt of the notice, revise the rates for the
work in question within one month of the expiry of the said period of fifteen days having regard
to the marketrates.
T h e contractor shall send to the Engineer-in-Charge once every three months, an up to date
account giving complete details of all claims for additional payments towhich the contractor may
consider himself entitled and of all additional work ordered by the Engineer-in-Charge which
he has executed during the preceding quarter failing which the contractor shall be deemed to
have waived his right. However, the Superintending Engineer may authorise consideration of
such claims on merits.
F o r the purpose of operation of Schedule - F, the following works shall be treated as works
relating to foundation unless & otherwise defined in the contract:
(i) For Buildings: All works up to 1.2 metres above ground level
or up to floor 1 level whichever is lower.
For abutments, piersand
(ii) All works up to 1.2 m above the bed level.
well staining:
For retaining walls,wing All works up to 1.2 metres above the ground
(iii)
walls, level.
compound walls,
chimneys, over- head
reservoirs /
tanks and other
elevated structures:
For reservoirs/tanks
All works up to 1.2 metres above the ground
(iv) (other than overhead
level
reservoirs/tanks):
(vi) For Roads, all items of excavation and filling including treatment ofsub
base.
description of the item and the relevant specifications, shall be deemed to be included in the
rates quoted by the tenderer or the rate given in the said schedule of rates, as the case may be.
Nothing extra shall be admissible for such operations.
If at any time after acceptance of the tender, or during the progress of work, the purpose or
object for which the work is being done changes due to any supervening cause and as a result
of which the work has to be abandoned or reduced in scope, the Engineer-in-Charge shall give
notice in writing to that effect to the contractor and thecontractor stating the decision as well as
the cause for such decision and the contractor shall act accordingly in the matter. The contractor
shall have no claim to any payment of compensation or otherwise whatsoever, on account of any
profit or advantage which hemight have derived from the execution of the works in full but which
he did not derivein consequence of the foreclosure of the whole or part of the works.
The contractor shall be paid at contract rates, full amount for works executed at site and, in
addition, a reasonable amount as certified by the Engineer-in-Charge for the items hereunder
mentioned which could not be utilized on the work to the full extent in viewof the foreclosure:
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary
labour huts, staff quarters and site office; storage accommodation and water storage tanks.
(ii) Government shall have the option to take over contractor’s materials or any part thereof either
brought to site or of which the contractor is legally bound to accept delivery from suppliers
(for incorporation in or incidental to the work) provided, however Government shall be bound to
take over the materials or such portions thereof as the contractor does not desire to retain. For
materials taken over or to be taken over by Government, cost of such materials as detailed by
Engineer-in- Charge shall be paid. The cost shall, however, take into account purchase price,
cost of transportation and deterioration or damage which may have been caused to materials
whilst in the custody of the contractor.
(iii) If any materials supplied by Government are rendered surplus, the same except normal
wastage shall be returned by the contractor to Government at rates notexceeding those at which
these were originally issued, less allowance for any deterioration or damage which may have
been caused whilst the materials were in the custody of the contractor. In addition, cost of
transporting such materials from site to Government stores, if so required by Government, shall
be paid.
(iv) Reasonable compensation for transfer of T & P from site to contractor’s permanent stores
or to his other works, whichever is less. If T & P are not transported to either of the said places,
no cost of transportation shall be payable.
(v) Reasonable compensation for repatriation of contractor’s site staff and imported labour to
the extent necessary.
The contractor shall, if required by the Engineer- in-Charge, furnish to him, books of account, wage
books, time sheets and other relevant documents and evidence as may be necessary to enable him
to certify the reasonable amount payable under this condition.
The reasonable amount of items on (i), (iv) and (v) above shall not be in excess of 2% of the cost of
the work remaining incomplete on the date of closure, i.e. total stipulated cost of the work as per
accepted tender less the cost of work actually executed under the contract and less the cost of
contractor’s materials at site taken over by the Government as per item (ii) above. Provided
always that against any payments due to the contractor on this account or otherwise, the
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Engineer-in-Charge shall be entitled to recover or be credited with any outstanding balances due
from the contractor for advance paid in respect of any tool, plants and materials and any other
sums which at the date of termination were recoverable by the Government from the contractor
under the terms of thecontract.
In the event of action being taken under Clause 13 to reduce the scope of work, the contractor
may furnish fresh Performance Guarantee on the same conditions, in the same manner and at
the same rate for the balance tendered amount and initially valid up to the extended date of
completion or stipulated date of completion if no extension has been granted plus 60 days
beyond that.
Wherever such a fresh Performance Guarantee is furnished by the contractor the Engineer-in-
Charge may return the previous Performance Guarantee.
If contractor:
(i) At any time makes default during currency of work or does not execute any part of the work
with due diligence and continues to do so even after a notice in writing of 7 days in this respect
from the Engineer-in-Charge; or
(ii) Commits default in complying with any of the terms and conditions of the contract and
does not remedy it or takes effective steps to remedy it within 7 days even after a notice in
writing is given in that behalf by the Engineer-in- Charge; or
Fails to complete the work(s) or items of work with individual dates of completion, on or before
the date(s) so determined, and does not complete them within the period specified in the notice
given in writing in that behalf by the Engineer-in-Charge.
The Engineer- in-Charge without invoking action under clause 3 may, without prejudice to any
other right or remedy against the contractor which have either accrued or accrue thereafter to
Government, by a notice in writing to take the part work / part incomplete work of any item(s)
out of his hands and shall havepowers to:
(a) Take possession of the site and any materials, constructional plant, implements, stores, etc.,
thereon; and/or
(b) Carry out the part work / part incomplete work of any item(s) by any means at the risk and
cost of the contractor.
The Engineer-in-Charge shall determine the amount, if any, is recoverable from the contractor for
completion of the part work/ part incomplete work of any item(s) taken out of his hands and
execute at the risk and cost of the contractor, the liability of contractor on account of loss or
damage suffered by Government because of action under this clause.
In determining the amount, credit shall be given to the contractor with the value of work done in
all respect in the same manner and at the same rate as if it had been carried out by the original
contractor under the terms of his contract, the value of contractor's materials taken over and
incorporated in the work and use of plant and machinery belonging to the contractor. The
certificate of the Engineer-in-Charge as to the value of work done shall be final and conclusive
against the contractor provided always that action under this 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
difference shall not be payable to the contractor.
Any excess expenditure incurred or to be incurred by Government in completingthe part work/
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part incomplete work of any item(s) or the excess loss of damagessuffered or may be suffered by
Government as aforesaid after allowing such credit shall without prejudice to any other right
or remedy available to Government in law or as per agreement be recovered from any money due
to the contractor on any account, and if such money is insufficient, the contractor shall be called
upon in writing and shall be liable to pay the same within 30 days.
If the contractor fails to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all of the contractors' unused materials,
constructional plant, implements, temporary building at site etc. and adjust the proceeds of
sale thereof towards the dues recoverable from the contractor under the contract and if
thereafter there remains any balance outstanding, it shall be recovered in accordance with the
provisions of the contract.
In the event of above course being adopted by the Engineer-in-Charge, the contractor shall have
no claim to compensation for any loss sustained by him by reason of his having purchased or
procured any materials or entered into any engagements or made any advance on any account or
with a view to the executionof the work or the performance of the contract.
(i) The contractor shall, on receipt of the order in writing of the Engineer-in-Charge, (whose
decision shall be final and binding on the contractor) suspend the progress of the works or any
part thereof for such time and in such manner as the Engineer-in- Charge may consider
necessary so as not to cause any damage or injury to the work already done or endanger the
safety thereof for any of the following reasons:
(iii) If the works or part thereof is suspended on the orders of the Engineer-in-Charge for more
than three months at a time, except when suspension is ordered for reason
(a) in sub- para (i) above, the contractor may after receipt of such order serve a writtennotice on
the Engineer-in-Charge requiring permission within 15(fifteen) days from receipt by the
Engineer- in-Charge of the said notice, to proceed with the work or part
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thereof in regard to which progress has been suspended and if such permission is not granted
within that time, the contractor, if he intends to treat the suspension, where it affects only a part
of the works as an omission of such part by Government or where it affects whole of the works,
as an abandonment of the works by Government, shall within 10(ten) days of expiry of such
period of 15(fifteen) days give notice in writing of his intention to the Engineer-in-Charge. In the
event of the contractor treating the suspension as an abandonment of the contract by
Government, he shall have no claim to payment of any compensation on account of any profit or
advantage which he might have derived from the execution of the work in full but which he
could not derive in consequence of the abandonment. He shall, however, be entitled to such
compensation, as the Engineer-in-Charge may consider reasonable, in respect of salaries and/or
wages paid by him to his employees and labour at site, remaining idle in consequence adding to
the total thereof 2% to cover indirect expenses of the contractor provided the contractor
submits his claim supported by details to the Engineer-in-Charge within 30(thirty) days of the
expiry of the period of 90(ninety) days.
The contractor shall not be entitled to claim any compensation from Government for the loss
suffered by him on account of delay by Government in the supply of materials in schedule 'B'
where such delay is covered by the difficulties relating to the supply of wagons, force majeure or
any reasonable cause beyond the control of the Government.
This clause 15 A will not be applicable for works where no material is stipulated.
All works under or in course of execution or executed in pursuance of the contract, shall at all
times be open and accessible to the inspection and supervision of the Engineer-in- charge, his
authorized subordinates in charge of the work and all the superior officers, officer of the Quality
Assurance Unit of the Department or any organization engaged by the Department for Quality
Assurance and the contractor shall, at all times, during the usual working hours and at all other
times at which reasonable notice of the visit of suchofficers has been given to the contractor, either
himself be present to receive orders andinstructions or have a responsible agent duly accredited
in writing, present for that purpose. Orders given to the Contractor’s agent shall be considered
to have the sameforce as if they had been given to the contractor himself.
If it appears to the Engineer-in-charge or his authorized subordinates in-charge of thework or to
the Chief Executive Office, THCB in charge of Quality Assurance or his subordinate officers or
the officers of the organization engaged by the Department for Quality Assurance, that any
work has been executed with unsound, imperfect, or unskilful workmanship, or with materials or
articles provided by him for the execution of the work which are unsound or of a quality inferior
to that contracted or otherwise not in accordance with the contract, the contractor shall, on
demand in writing which shall be made within 12 (twelve) months [6(six) months in the case of
work costing ₹10 Lakh and below except road work] of the completion of the work from the
Engineer-in-Charge specifying the work, materials or articles complained of notwithstanding that
the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct
the work so 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 suitable materials or
articles at his own charge and cost. In the event of the failing to do so within a period specified by
the Engineer-in- Charge in his demand aforesaid, then the contractor shall be liable to pay
compensation at the same rate as under clause 2 of the contract (for non-completion of the work
in time) for this default.
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In such case the Engineer-in-Charge may not accept the item of work at the rates applicable
under the contract but may accept such items at reduced rates as the authority specified in
Schedule - F may consider reasonable during the preparation of on account bills or final bill if
the item is so acceptable without detriment to the safety and utility of the item and the structure
or he may reject the work outright without any payment and/or get it and other connected and
incidental items rectified, or removed and re-executed at the risk and cost of the contractor.
Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will be final and
binding on the contractor.
In order to control the quality of work, a Quality Assurance Cell shall be formed comprising of
multi-disciplinary professionals/ engineers to cover works [value more than ₹5.00 Crore], such
as civil, mechanical, electrical etc.
In case of non-availability of qualified professionals/ engineers in house for the purpose of
quality assurance cell, then the approval of competent authority shall have to be taken for
deploying professionals from outside agencies. The provision for third party quality check may
also be considered for a work beyond a specified amount and nature of works as desired by
Engg-in-Charge with the approval of the Department.
If the contractor or his working people or servants break, deface, injure or destroy any part of
building in which they may be working, or any building, road, road kerb, fence, enclosure,
water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or
cultivated ground contiguous to the premises on which the work or any part is being executed,
or if any damage happen to the work while in progress, from any cause whatever or if any
defect, shrinkage or other faults appear in the work within 12(twelve) months [ 6(six)
months in the case of work costing
₹10.00 lakh (Rupees Ten lakh) and below except road work] after a certificate final or
otherwise of its completion shall have been given by the Engineer- in-Charge as aforesaid
arising out of defect or improper materials or workmanship the contractor shall upon receipt
of a notice in writing on that behalf make the same good at his own expense or in default the
Engineer-in-Charge cause the same to be made good by other workmen and deduct the expense
from any sums that may be due or at any time thereafter may become due to the contractor, or
from his security deposit or theproceeds of sale thereof or of a sufficient portion thereof.
The security deposit of the contractor shall not be refunded before the expiry of 12
(twelve) months [ 6(six) months in the case of work costing ₹10.00 Lakh (Rupees Ten Lakh)
and below except road work] after the issue of the certificate final or otherwise, of completion
of work, or till the final bill has been prepared and passed whichever is later. Provided that in
the case of Road Work, if in the opinion of the Engineer-in-Charge, half of the security deposit
is sufficient, to meet all liabilities of the contractor under this contract, half of the security
deposit will be refundable after 6(six) months and the remaining half after 12(twelve) months
of the issue of the said certificate of completion or till the final bill has been prepared and passed
whichever is later.
In case of Maintenance and Operation works of E&M services, the security deposit deducted
from contractors shall be refunded within 1(one) month from the date of final payment or
within 1(one) month from the date of completion of the maintenance contract whichever is
earlier.
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For new Road work, the Defect Liability Period will be 12 (twelve) months after completion
certificate given by the Engineer-in-charge and 36 (thirty-six) months as maintenance period.
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 Engineer-in-Charge’s stores),
machinery, tools & plants as specified in Schedule-F. In addition to this, appliances,
implements, other plants, ladders, cordage, tackle, scaffolding and temporary works required
for the proper execution of the work, whether original, altered or substituted and whether
included in the specifications 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 Engineer-in-Charge 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 the measurement for examination at any time and from time to time of the work
or materials. Failing his so doing, the same may be provided by the Engineer-in-Charge at
the expense of the contractor and the expenses may be deducted, from any money due to
the contractor, under this contract or otherwise and/or from his security deposit or the
proceeds of sale thereof, or of a sufficient portions thereof.
In every case in which by virtue of the provisions sub-section (1) of Section 12, of the
Workmen’s Compensation Act, 1923, Government is obliged to pay compensation to a
workman employed by the contractor, in execution of the works, Government will recover from
the contractor, the amount of the compensation so paid; and, without prejudice to the rights of
the Government under sub-section (2) of Section 12, 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 sub-section (1) of
Section 12, 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.
ln every case in which by virtue of the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules,
1971, Government is obliged to pay any amounts of wages to a workman employed by the
contractor in execution of the works, or to incur any expenditure inproviding welfare and health
amenities required to be provided under the above said Act and the rules under Clause 19H or
under the P.W.D. Contractor’s Labour Regulations, or under the Rules framed by Government
from time to time for the protection of health and sanitary arrangements for workers
employed by P.W.D. Contractors, Government will recover from the contractor, the amount of
wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of
the Government under sub-section(2) of Section 20, and sub-section (4) of Section 21, of the
Contract Labour (Regulation and Abolition) Act, 1970, Government shall be at libertyto recover
Standard Bid Document, THCB – 2021 Page - 90
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 undersub-section (1) of Section 20, sub-section (4)
of Section 21, of the said Act, except on thewritten request of the contractor and upon his giving to
the Government full security forall costs for which Government might become liable in contesting
such claim.
The contractor shall obtain a valid licence under the Contract Labour (R&A) Act, 1970, and the
Contract Labour (Regulation and Abolition) Central Rules, 1971, before the commencement of
the work, and continue to have a valid license until the completion of the work. The contractor
shall also comply with provisions of the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979.
The contractor shall also abide by the provisions of the Child Labour (Prohibition and
Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other Construction
Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the building and
other Construction Workers Welfare Cess Act, 1996.
Any failure to fulfil these requirements shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.
CLAUSE 19A
No labour below the age of 14 (fourteen) years shall be employed on the work.
CLAUSE 19 B
Payment of wages:
(i) The contractor shall pay to labour employed by him either directly or through
subcontractors, wages not less than fair wages as defined in the C. P.W.D. Contractor’s Labour
Regulations or as per the provisions of the Contract Labour (Regulation and Abolition) Act,
1970 and the contract Labour (Regulation and Abolition) Central Rules, 1971, or Tripura State
Contractor’s Labour Regulations, wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the contrary, cause to be
paid fair wage to labour indirectly engaged on the work, as if the labour had been immediately
employed by him.
(iii) In respect of all labour directly or indirectly employed in the works for performance of
the contractor’s part of this contract, the contractor shall comply with or cause to be complied
with the Central/State 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 unauthorized made, maintenance of wage
books or wage slips, publication of scale of wages and other terms of employment inspection and
submission of periodical returns and all other matters of the like nature or as per the provisions
of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation
and Abolition) Central Rules, 1971, wherever applicable.
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(iv) (a) The Engineer-in-Charge concerned shall have the right to deduct from the moneys due
to the contractor any 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 of deductions made from his or their
wages which are not justified by their terms of the contract or non-observance of the
Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the contractor is bound to
allow to the labours directly or indirectly employed in the works one day rest for 6 days
continuous work and pay wages at the same rate as for duty. In the event of default, the
Engineer-in-Charge shall have the right todeduct the sum or sums not paid on account of wages
for weekly holidays to any labours and pay the same to the persons entitled thereto from any
money due tothe contractor by the Engineer-in-Charge concerned..
(v) The contractor shall comply with the provisions of the Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen’s Compensation Act, 1923,
Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, and the Contractor’s Labour
(Regulation and Abolition) Act 1970, or the modifications thereof or any other laws relating
thereto and the rules made thereunder from time to time.
(vi) The contractor shall indemnify and keep indemnified Government against payments to be
made under and for the observance of the laws aforesaid and the Labour Regulations without
prejudice to his right to claim indemnity from his contractors.
(vii) The laws aforesaid shall be deemed to be a part of this contract and any breach thereof
shall be deemed to be a breach of this contract.
(viii) Whatever is the minimum wage for the time being, or if the wage payable is higher than such
wage, such wage shall be paid by the contractor to the workmen directly without the
intervention of Jamadar and that Jamadar shall not be entitled to deduct or recover any amount
from the minimum wage payable to theworkmen as and by way of commission or otherwise.
(ix) The contractor shall ensure that no amount by way of commission or otherwise is
deducted or recovered by the Jamadar from the wage of workmen.
CLAUSE 19C
In respect of all labour directly or indirectly employed in the work for the performance of the
contractor’s part of this contract, the contractor shall at his own expense arrange for the
safety provisions and shall at his own expense provide for all facilities in connection
therewith. In case the contractor fails to make arrangement and provide necessary facilities
as aforesaid, the Engineer-in- Charge shall be at liberty to make arrangement and provide
facilities as aforesaid and recover the costsincurred in that behalf from the contractor.
CLAUSE 19 D
The contractor shall submit by the 4th and 19th of every month, to the Engineer-in- Charge, a
true statement showing in respect of the second half of the preceding month and the first half of
the current month respectively: -
4. the accidents that occurred during the said fortnight showing the circumstances
under which they happened and the extent of damage and injury caused by them,and
5. the number of female workers who have been allowed maternity benefit according
to Clause 19F and the amount paid to them.
CLAUSE 19 E
In respect of all labour directly or indirectly employed in the works for the performance of the
contractor’s part of this contract, 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 Public Works Department and its
contractors.
CLAUSE 19 F
2. Pay:
(i) in the case of delivery - leave pay during maternity leave will be at the rate of the women’s
average daily earnings, calculated on total wages earned on the dayswhen full time work was done
during a period of 3(three) months immediately preceding the date on which she gives notice
that she expects to be confined or at the rate of Rupee one only a day whichever is greater.
(ii) in the case of miscarriage - leave pay at the rate of average daily earning calculated on the
total wages earned on the days when full time work was done during a period of 3(three)
months immediately preceding the date of such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been employed for a
total period of not less than six months immediately preceding the date on which she proceeds
on leave.
CLAUSE 19 G
If Engineer-in-Charge feels that the contractor(s) is/are not properly observing and complying
with the provisions of the Labour Regulations and Model Rules and the provisions of the
Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour (R& A)
Central Rules 1971, for the protection of health and sanitary arrangements for work-people
employed by the contractor(s) (hereinafter referredas “the said Rules”) the Engineer-in-Charge
shall have power to give notice in writing to the contractor(s) 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/observe the said Rules and to provide the
amenities to the work-people as aforesaid, the Engineer-in-Charge shall have the power to
provide the amenities hereinbefore 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 on
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the site in connection with the execution of the works, and if the same shall not have been
erected or constructed, according to approved standards, the Engineer-in-Charge shall have
power to give notice in writing to 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 Engineer-in-
Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements
according to approved standards at the cost of the contractor(s).
CLAUSE 19 H
The contractor(s) shall at his/their own cost provide his/their labour with a sufficientnumber of
huts (hereinafter referred to as the camp) of the following specifications ona suitable plot of land
to be approved by the Engineer-in-Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the floor area to
be provided will be at the rate of 2.7 sqm (30 sqft) for each member of theworker’s family staying
with the labourer.
(b) The contractor(s) shall in addition construct suitable cooking places having a minimum area
of 1.80m x 1.50m (6’x5') 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. These bathing and washing places shall be
suitably screened.
(ii) (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 Engineer-in-Charge. In case of sun-dried
bricks, the walls should be plastered with mud gobri on both sides. The floor may be kutcha
but plastered with mud gobri and shall be at least 15 cm (6") above the surrounding ground. The
roofs shall be laid with thatch or any other materials as may be approved by the Engineer-in-
Charge and the contractor shall ensure that throughout the period of their occupation, the roofs
remain water-tight.
(b) The contractor(s) shall provide each hut 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 7.2m (8 yards) between the rows of huts which
may be reduced to 6m (20 ft.) according to the availability of site with the approval of the
Engineer-in-Charge. Back to back construction will be allowed.
(iii) Water Supply - The contractor(s) shall provide adequate supply of water for the use of
labourers. The provisions shall not be less than two gallons of pure and wholesome water per
head per day for drinking purposes and three gallons 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 wells or river, tanks which may be of 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 mains wherever
available, and shall pay allfees and charges therefore.
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(iv) The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta - The contractor(s) shall make necessary arrangements for the
disposal of excreta 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 the removal of the excreta 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 excreta. 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 eight seats in case of
dry system.
(vi) Drainage - The contractor(s) shall provide efficient arrangements for draining away sullage
water so as to keep the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(viii) 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 I
The Engineer-in-Charge may require the contractor to dismiss or remove from the siteof the
work any person or persons in the contractors’ employ upon the work who may be incompetent or
misconduct himself and the contractor shall forthwith comply with such requirements. In
respect of maintenance/repair or renovation works etc. where thelabour have an easy access to the
individual houses, the contractor shall issue identitycards to the labourers, whether temporary
or permanent and he shall be responsible for any untoward action on the part of such labour.
AE/JE will display a list of contractors working in the colony/Blocks on the notice board in the
colony and also at the service centre, to apprise the residents about the same.
CLAUSE 19J
It shall be the responsibility of the contractor to see that the building under construction is not
occupied by anybody unauthorized during construction, and is handed over to the Engineer-in-
Charge with vacant possession of complete building. If such building though completed is
occupied illegally, then the Engineer-in-Charge shall have the option to refuse to accept the
said building/buildings in that position. Any delay in acceptance on this account will be treated
as the delay in completion and for such delay, a levy upto 5% of tendered value of work may be
imposed by the Superintending Engineer whose decision shall be final both with regard to the
justification and quantum and be binding on the contractor.
However, the Superintending Engineer, through a notice, may require the contractor to remove
the illegal occupation any time on or before construction and delivery.
The contractor shall, at all stages of work, deploy skilled/semi-skilled tradesmen who are
qualified and possess certificate in particular trade from CPWD/PWD Training Institute
/Industrial Training Institute /National Institute of construction Management and Research
(NICMAR)/ National Academy of Construction, CIDC/RPL or any similar reputed and
recognized Institute managed/ certified by State/CentralGovernment. The number of such
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qualified tradesmen shall not be less than 20% of total skilled/semi-skilled workers required
in each trade at any stage of work. The contractor shall submit number of man days required
in respect of each trade, it’s scheduling and the list of qualified tradesmen along with
requisite certificate from recognized Institute to Engineer in charge for approval.
Notwithstanding such approval, if the tradesmen are found to have inadequate skill to execute
the work of respective trade, the contractor shall substitute such tradesmen within two days of
written notice from Engineer-in- Charge. Failure on the part of contractor to obtain approval
of Engineer-in-Charge or failure to deploy qualified tradesmen will attract a compensation
to be paid by contractor at the rate of ₹ 100 per such tradesman per day. Decision of Engineer
in Charge as to whether particular tradesman possesses requisite skill and amount of compensation
in case of default shall be final and binding.
In case of shortfall of required number of skilled workers, the contractor shall arrange on
site training as per norms in co-ordination with the organisation as stated.
The ESI (Employees' State Insurance) and EPF (Employees' Provident Fund) contributions on the
part of employer in respect of this contract shall be paid by the contractor.
The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and
Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time and rules
framed thereunder and other labour laws affecting contract labour that may be brought into
force from time to time.
The contract shall not be assigned or sublet without the written approval of the Engineer-in -
Charge. And if the contractor assign or sublet his contract, or attempt to do so, or become
insolvent or commence any insolvency proceedings or make any composition with his creditors
or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage
pecuniary or otherwise, shall either directly or indirectly, be given, promised or offered by the
contractor, or any of his servants or agent to any public officer or person in the employ of
Government in any way relating to his office or employment, or if any such officer or person
become in any way directlyor indirectly interested in the contract, the Engineer- in-Charge on behalf
of the Governor of Tripura shall have power to adopt the course specified in Clause 3 hereof in
the interest of Government and in the event of such course being adopted, the consequences
specified in the said Clause 3 shall ensue.
However, the works contract may provide for the contractor to get specified works executed
from sub-contractors included in the pre-qualification application or later agreed to by the
Procuring Entity, with a caveat that the responsibility for all sub- contract work rests with the
prime contractor. Sub-contracting will generally be for specialized items of work, such as
reinforced earth retaining walls, pre-stressing works, and so on. Procurement of material, hire of
equipment or engagement of labour will not mean sub-contracting. The total value of sub-
contracting work will not exceed 25 (twenty-five) percent of the contract price. Sub-
contracting by the contractor without the approval of the Procuring Entity shall be a
breach of contract.
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CLAUSE 22
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.
Where the contractor is a partnership firm, the previous approval in writing of the Engineer-in-
Charge 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 as
aforesaid shall likewise be obtained before the contractor enters into any partnership
agreement where under the partnership firm would have the right to carry out the works
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
All works to be executed under the contract shall be executed under the direction and 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 be commenced, and from time to time carried on.
Except where otherwise provided in the contract, all questions and disputes relating to the
meaning of the specifications, design, drawings and instructions here-in 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, 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 cancellation, termination, completion or abandonment
thereof shall be dealt withas mentioned hereinafter:
If the contractor considers any work demanded of him to be outside the requirements of the
contract, or disputes any drawings, record or decision given in writing by the Engineer-in-
Charge or if the Engineer in Charge considers any act or decision of the contractor on any
matter in connection with or arising out of the contract or carrying out of the work, to be
unacceptable and is disputed, such party shall promptly within 15 days of the arising of the
disputes request the Chief Executive Office, THCB concerned who shall refer the disputes to
Dispute Redressal Committee (DRC) within 30 days along with a list of disputes with amounts
claimed if any in respect of each such dispute. The Dispute Redressal Committee (DRC) shall
give the opposing party two weeks for a written response, and, give its decision within a period
of 60 days extendable by 30 days by consent of both the parties from the receipt of reference
from the Chief Executive Office, THCB.
Dispute Redressal Committee (DRC) to be constituted by the Chief Executive Office, THCB,
comprising of the following Members:
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c. The Deputy Executive Officer in-charge of the work shall present the case before DRC
but will not have any part in decision making.
The constitution of Dispute Redressal Committee (DRC) shall be as indicated above, provided
that no party shall be represented before the Dispute Redressal Committee by an
advocate/legal counsel etc.
The DRC will submit its decision to the concerned Chief Executive Office, THCB for
acceptance. The Chief Executive Office, THCB within a period of 30 days from receipt of DRC’s
decision shall convey acceptance or otherwise on the said decision.
If the Dispute Redressal Committee (DRC) fails to give its decision within the aforesaid period
or the Chief Executive Office, THCB fails to give his decision within the aforesaid time limit or
any party is dissatisfied with the decision of Dispute Redressal Committee (DRC) or concerned
Chief Executive Office, THCB or expiry of time limit given above, then either party may within a
period of 30(thirty) days from the receipt of the decision of Dispute Redressal Committee
(DRC) or upon expiry of the aforesaid time period, as the case may be, shall give notice to the
concerned Chief Executive Office, THCB, PWD, with name of nominee Arbitrator with his
consent letter for Arbitration, on prescribed proforma as per Appendix-IV under intimation to
the other party.
It is a term of contract that any party invoking arbitration must exhaust the aforesaid
mechanism of settlement of claims/disputes prior to invoking arbitration.
The Chief Executive Office, THCB shall in such case appoint nominee Arbitrator of the
Department within 30 days of receipt of such request and refer such disputes to arbitration.
The Arbitral Tribunal shall consist of 3(three) Arbitrators. The contractor shall appoint his
nominee arbitrator and make request for arbitration. Chief Executive Office, THCB shall
appoint the nominee Arbitrator for the Department within 30 days of receipt of such request
from Petitioner and two appointed arbitrators shall appoint the third arbitrator who shall
act as the Presiding Arbitrator. In the event of the two appointed Arbitrators failing to
appoint the Presiding Arbitrator, the Chief Executive Office, THCB, PWD shall appoint the 3rd
(third) or Presiding Arbitrator.
It may be stated that when there are two parties, one may nominate an Arbitrator and the
other may appoint another, the parties to nominate their respective Arbitrator, their authority
to nominate cannot be questioned. What really in that circumstances can be called in question
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is the procedural compliance and the eligibility of their Arbitrator depending upon the norms
provided under the Arbitration & Conciliation Act, 1996 and the schedules appended
thereto.
The requirements of the Arbitration and Conciliation Act, 1996 (26 of 1996) and any further
statutory modifications or re-enactment thereof and the rules made there under and for the
time being in force shall be applicable.
It is a term of this contract that the party invoking arbitration shall give a list of disputes with
amounts claimed, if any, in respect of each such dispute along withthe notice for arbitration
and giving reference to the decision of the DRC.
Decision of the Arbitral Tribunal is final & binding upon both the parties.
Parties, before or at the time of appointment of Arbitral Tribunal may agree in writing for fast
track arbitration as per the Arbitration and Conciliation Act, 1996 (26 of 1996) as amended
in 2015.
Subject to provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996)whereby
the counter claims if any can be directly filed before the Arbitrator/Arbitral Tribunal without
any requirement of reference by the appointing authority, the arbitrator shall adjudicate on
only such disputes as are referred to him by the appointing authority and give separate award
against each dispute and claim referred to him and in all cases where the total amount of the
claims by any party exceeds ₹1,00,000, the Arbitrator/Arbitral Tribunal shall give reasons for
the award.
It is also a term of the contract that if any fees are payable to the arbitrator, these shall be paid
as per the provisions of the Arbitration and Conciliation Act, 1996.
The place of arbitration shall be at Agartala, Tripura. The language of arbitration shall be
English.
The venue of the arbitration proceedings shall be at such place as may be fixed by the
Arbitral Tribunal in consultation with both the parties. However, failing any such agreement,
the Arbitral Tribunal shall decide and declare the venue.
The contractor shall fully indemnify and keep indemnified the Governor of Tripura against any
action, claim or proceeding relating to infringement or use of any patent or design or any
alleged patent or design rights and shall pay any royalties which maybe 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 Governor of Tripura if the infringement of the
patent or design or any alleged patent or design right is the direct result of an order passed by the
Engineer-in-Charge in this behalf.
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 ofthe Engineer-in-Charge payable of
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measurement, the Engineer-in-Charge may at his discretion pay the lump-sum amount entered
in the estimate, and the certificate in writing of the Engineer-in-Charge shall be final and
conclusive against the contractor with regard to any sum or sums payable to him under the
provisions of the clause.
In the case of any class of work for which there is no such specifications as referred to in
Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standards
Specifications. In case there are no such specifications in Bureau of Indian Standards, the work
shall be carried out as per manufacturers’ specifications, if not available then as per State
Specifications. In case there are no such specifications as available above, the work shall be
carried out in all respects in accordance with the instructions and requirements of the
Engineer-in-Charge.
(i) Whenever any claim or claims for payment of a sum of money arises out of or under the
contract or against the contractor, the Engineer-in-Charge or the Government shall be entitled to
withhold and also have a lien to retain such sum or sums in whole or in part from the security,
if any deposited by the contractor and for the purpose aforesaid, the Engineer-in- Charge or the
Government shall be entitled to withhold the security deposit, if any, furnished as the case may
be and also have a lien over the same pending finalisation or adjudication of any such claim. In
the event of the security being insufficient to cover the claimed amount or amounts or if no
security has been taken from the contractor, the Engineer-in-Charge or the Government shall be
entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts
referred to above, from any sum or sums found payable or which may at any time thereafter
become payable to the contractor under the same contract or any other contract with the
Engineer-in-Charge of the Government or any contracting person through the Engineer- in-
Charge pending finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or retained
under the lien referred to above by the Engineer-in-Charge or the Government will be kept
withheld or retained as such by the Engineer-in-Charge or Government till the claim arising out
of or under the contract is determined by the arbitrator(if the contract is governed by the
arbitration clause) or by the competent court, as the case may be and that the contractor will
have no claim for interest or damages whatsoeveron any account in respect of such withholding
or retention under the lien referred toabove and duly notified as such to the contractor. For the
purpose of this clause, where the contractor is a partnership firm or a limited company, the
Engineer-in- Charge or the Government shall be entitled to withhold and also have a lien to
retain towards such claimed amount or amounts in whole or in part from any sum found
payable to any partner/limited company as the case may be, whether in his individual capacity
or otherwise.
(ii) Government shall have the right to cause an audit and technical examination of the works
and the final bills of the contractor including all supporting vouchers, abstract, etc., to be made
after payment of the final bill and if as a result of such audit and technical examination any sum
is found to have been overpaid in respect of any work done by the contractor under the contract
or any work claimed to have been done by him under the contract and found not to have been
executed, the contractor shall be liable to refund the amount of over-payment and it shall be
lawful for Government torecover the same from him in the manner prescribed in sub-clause (i)
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(iii) of this clause or in any other manner legally permissible; and if it is found that the
contractor was paid less than what was due to him under the contract in respect of any work
executed by him under it, the amount of such under payment shall be duly paid by the
Governmentto the contractor, without any interest thereon whatsoever.
Provided that the Government shall not be entitled to recover any sum overpaid, nor the contractor
shall be entitled to payment of any sum paid short where such payment has been agreed upon
between the Superintending Engineer or Deputy Executive Officer on the one hand and the
contractor on the other under any term of the contract permitting payment for work after
assessment by the Superintending Engineer or the Deputy Executive Officer.
Any sum of money due and payable to the contractor (including the security deposit returnable
to him) under the contract may be withheld or retained by way of lien by the Engineer-in-
Charge or the Government or any other contracting person or persons through Engineer-in-
Charge against any claim of the Engineer-in-Charge or the Government or such other person or
persons in respect of payment of a sum of money arising out of or under any other contract
made by the contractor with the Engineer- in-Charge or the Government or with such other
person or persons.
It is an agreed term of the contract that the sum of money so withheld or retained under this
clause by the Engineer-in-Charge or the Government will be kept withheld or retained as such
by the Engineer-in-Charge or the Government or till his claim arising out of the same contract
or any other contract is either mutually settled or determined by the arbitration clause or by
the competent court, as the case may be and that the contractor shall have no claim for
interest or damages whatsoever on this account or on any other ground in respect of any sum
of money withheld or retained under this clause and duly notified as such to the contractor.
The contractor(s) shall make his/their own arrangements for water required for the work and
nothing extra will be paid for the same. This will be subject to the followingconditions.
(i) That the water used by the contractor(s) shall be fit for construction purposes to the
satisfaction of the Engineer-in-Charge.
(ii) The Engineer-in-Charge 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 Engineer-in- Charge, unsatisfactory.
Water if available may be supplied to the contractor by the department subject to thefollowing
conditions:-
(i) The water charges @ 1 % shall be recovered on gross amount of the work done.
(ii) The contractor(s) shall make his/their own arrangement of water connectionand laying of
pipelines from existing main of source of supply.
(iii) The Department do not guarantee to maintain uninterrupted supply of water and it will be
incumbent on the contractor(s) to make alternative arrangements forwater at his/ their own
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(iv) cost in the event of any temporary break down in the Government water main so that the
progress of his/their work is not held up for want of water. No claim of damage or refund of
water charges will be entertained on account of such break down.
(i) Where there is no piped water supply arrangement and the water is taken by the
contractor from the wells or hand pump 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 day 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 which shall be recoverable from him. The Engineer-in-
Charge shall be the final authority to determine the cost recoverable from the contractor on
this account and his decision shall be binding on the contractor.
(ii) The contractor shall be allowed to construct temporary wells in Governmentland for
taking water for construction purposes only after he has got permission of the Engineer-in-
Charge in writing. No charges shall be recovered from the contractor on this account, but the
contractor 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.
Notwithstanding anything contained to the contrary in this contract, where any materials for
the execution of the contract are procured with the assistance of Government either by issue
from Government stocks or purchase made under orders or permits or licences issued by
Government, the contractor shall hold the said materials economically and solely for the
purpose of the contract and not dispose of them without the written permission of the
Government and return, if required by the Engineer-in-Charge, all surplus or unserviceable
materials that may be left with him after the completion of the contract or at its termination
for any reason whatsoever on being paid or credited such price as the Engineer-in- Charge shall
determine having due regard to the condition of the materials.
The price allowed to the contractor however shall not exceed the amount charged to him
excluding the element of storage charges. The decision of the Engineer- in- Charge shall be final
and conclusive. In the event of breach of the aforesaid condition,the contractor shall in addition
to throwing himself open to action for contravention of the terms of the licence or permit
and/or for criminal breach of trust, be liable to Government for all moneys, advantages or
profits resulting or which in the usual course would have resulted to him by reason of such
breach.
(i) The contractor shall arrange at his own expense all tools, plant, machinery and equipment
(hereinafter referred to as T&P) required for execution of the work except for the Plant &
Machinery listed in Schedule ‘C’ and stipulated for issue to the contractor. If the contractor
requires any item of T&P on hire from the T&P available with the Government over and above
the T&P stipulated for issue, the Government will, if such item is available, hire it to the
contractor at rates to be agreed upon between him and the Engineer-in-Charge. In such a case,
all the conditions hereunder for issue of T&P shall also be applicable to such T&P as is agreed
to be issued.
Standard Bid Document, THCB – 2021 Page - 102
(ii) Plant and Machinery when supplied on hire charges shown in Schedule ‘C’ shall be made
over and taken back at the departmental equipment yard/shed shown in Schedule ‘C’ and the
contractor shall bear the cost of carriage from the place of issue to the site of work and back. The
contractor shall be responsible to return the plant and machinery with condition in which it
was handed over to him, and he shall be responsible for all damage caused to the said plant
and machinery at the site of work or elsewhere in operation and otherwise during transit
including damage to or loss of plant and for all losses due to his failure to return the same
soon after the completion of the work for which it was issued. The Divisional Engineer shall be
the sole judge to determine the liability of the contractor and its extent in this regard and his
decision shall be final and binding on the contractor.
(iii) The plant and machinery as stipulated above will be issued as and when available and if
required by the contractor. The contractor shall arrange his programme of work according to the
availability of the plant and machinery and no claim, whatsoever, will be entertained from him for
any delay in supply by the Department.
(iv) The hire charges shall be recovered at the prescribed rates from and inclusive of thedate the
plant and machinery made over upto and inclusive of the date of the return in good order even
though the same may not have been working for any cause except major breakdown due to no
fault of the contractor or faulty use requiring more than three working days continuously
(excluding intervening holidays and Sundays) for bringing the plant in order. The contractor
shall immediately intimate in writing to the Engineer-in- Charge when any plant or machinery
gets out of order requiring major repairs as aforesaid. The Engineer-in-Charge shall record the
date and time of receipt of such intimation in the log sheet of the plant or machinery. Based on
this if the breakdown before lunch period or major breakdown will be computed considering
half a day’s breakdown on the day of complaint. If the breakdown occurs in the post lunch
period of major breakdown will be computed starting from the next working day. In case of
any dispute under this clause, the decision of the Superintending Engineer shall be final and
binding on the contractor.
(v) The hire charges shown above are for each day of 8 hours (inclusive of the one hour
lunch break) or part thereof.
(vi) Hire charges will include service of operating staff as required and also supply of
lubricating oil and stores for cleaning purposes. Power fuel of approved type, firewood, kerosene
oil etc. for running the plant and machinery and also the full time chowkidar for guarding the
plant and machinery against any loss or damage shall be arranged by the contractor who shall be
fully responsible for the safeguard and security of plant and machinery. The contractor shall on
or before the supply of plant and machinery sign an agreement indemnifying the Department
against any loss or damage caused to the plant and machinery either during transit or at site of
work.
(vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive of one
hour lunch break. In case of an urgent work however, the Engineer-in-Charge may, at his discretion,
allow the plant and machinery to be worked for more than normal period of 8 hours a day. In
that case, the hourly hire charges for overtime to be borne by the contractor shall be 50% more
than the normal proportionate hourly charges (1/8thof the daily charges) subject to a minimum
of half day’s normal charges on any particular day. For working out hire charges for over time, a
period of half an hour andabove will be charged as one hour and a period of less than half an hour
will be ignored.
(viii) The contractor shall release the plant and machinery every seventh day for periodical
servicing and/or wash out which may take about three to four hours or more. Hire charges for full
day shall be recovered from the contractor for the day of servicing/ wash out irrespective of
the period employed in servicing.
Standard Bid Document, THCB – 2021 Page - 103
(ix) The plant and machinery once issued to the contractor shall not be returned by him on
account of lack of arrangements of labour and materials, etc. on his part, the same will be
returned only when they are required for major repairs or when in the opinion of the Engineer-
in-Charge, the work or a portion of work for which the same was issued is completed.
(x) Log Book for recording the hours of daily work for each of the plant and machinery
supplied to the contractor will be maintained by the Department and will be countersigned by the
contractor or his authorized agent daily. In case the contractor contests the correctness of the
entries and/or fails to sign the Log Book, the decision ofthe Engineer- in-Charge shall be final and
binding on him. Hire charges will be calculated according to the entries in the Log Book and
will be binding on the contractor. Recovery on account of hire charges for road rollers shall be
made for the minimum number of days worked out on the assumption that a roller can
consolidate per day and maximum quantity of materials or area surfacing as noted against each
inthe annexed statement (see attached annexure).
(xi) In the case of concrete mixers, the contractors shall arrange to get the hopper cleaned and
the drum washed at the close of the work each day or each occasion.
(xii) In case rollers for consolidation are employed by the contractor himself, log book for such
rollers shall be maintained in the same manner as is done in case of departmental rollers,
maximum quantity of any items to be consolidated for each roller-day shall also be same as in
Annexure to Clause 33(x). For less use of rollers, recovery for the less roller days shall be made
at the stipulated issue rate.
(xiii) The contractor shall be responsible to return the plant and machinery in the condition in
which it was handed over to him and he shall be responsible for all damage caused to the said
plant and machinery at the site of work or elsewhere in operation or otherwise or during
transit including damage to or loss of parts, and for all losses due to his failure to return the
same soon after the completion of the work for which it was issued. The Divisional Engineer
shall be the sole judge to determine the liability of the contractor and its extent in this regard
and his decision shall be final and binding on the contractor.
(xiv) The contractor will be exempted from levy of any hire charges for the number of days he is
called upon in writing by the Engineer-in-Charge to suspend execution of the work, provided
Government plant and machinery in question have, in fact, remained idle with the contractor
because of the suspension.
(xv) In the event of the contractor not requiring any item of plant and machinery issued by
Government though not stipulated for issue in Schedule ‘C’ any time after taking delivery at the
place of issue, he may return it after two days written notice or at any time without notice if he
agrees to pay hire charges for two additional days without, in any way, affecting the right of the
Engineer-in-Charge to use the said plant and machinery during the said period of two days as he
likes including hiring out to athird party.
(i) The contractor undertakes to make arrangement for the supervision of the work by the
firm supplying the tar or bitumen used.
(ii) The contractor shall collect the total quantity of tar or bitumen required for the work as
per standard formula, before the process of painting is started and shall hypothecate it to the
Engineer-in-Charge. If any bitumen or tar remains unused oncompletion of the work on account of
lesser use of materials in actual execution for reasons other than authorized changes of
specifications and abandonment of portion of work, a corresponding deduction equivalent to
the cost of unused materials as determined by the Engineer-in-Charge shall be made and the
material return to the contractors. Although the materials are hypothecated to Government,
Standard Bid Document, THCB – 2021 Page - 104
(iii) the contractor undertakes the responsibility for their proper watch, safe custody and
protection against all risks. The materials shall not be removed from site of work without the
consent of the Engineer-in- Charge in writing.
(iv) The contractor shall be responsible for rectifying defects noticed within a year from the
date of completion of the work and the portion of the security deposit relating to asphaltic
work shall be refunded after the expiry of this period.
Measurement Books shall be final and binding on the contractor. Further if the contractor fails
to appoint suitable technical Principal Technical Personnel and/or other Technical
Personnel and if such appointed persons are not effectively present or are absent by more
than 2 ( two) days without duly approved substitute or do not discharge their
responsibilities satisfactorily, the Engineer-in-Charge shall have full powers to suspend the
execution of the work until such date as suitable other Technical Personnel is/are appointed
and the contractor shall be held responsible for the delay so caused to the work. The
contractor shall submit a certificate of employment of the technical personnel (in the form of copy
of Form-16 or CPF deduction issued to the Engineers employed by him) along with every account
bill final bill and shall produce evidence if at any time so requiredby the Engineer-in-Charge.
(ii) The contractor shall provide and employ on the site only such technical assistants as are
skilled and experienced in their respective fields and such foremen and supervisory staff as
are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semiskilled and unskilled labour as is
necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor to remove
from the works any person who in his opinion misconducts himself, or is incompetent or
negligent in the performance of his duties or whose employment is otherwise considered by
the Engineer-in-Charge to be undesirable. Such person shall not be employed again at works site
without the written permission of the Engineer- in-Charge and the persons so removed shall be
replaced as soon as possible by competent substitutes.
(i) GST, Building and other Construction Workers Welfare Cess or any other tax, levy or Cess in
respect of input for or output by this contract shall be payable by the contractor and
Government shall not entertain any claim whatsoever in this respect except as provided under
Clause 37.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of the sand,
stone, red bajri, kankar, etc. from local authorities.
If pursuant to or under any law, notification or order any royalty, cess or the likes become
payable by the Government of Tripura and does not at any time become payable by the
contractor to the State Government or Local authorities in respect of any material used by the
contractor in the works, then in such a case, it shall be lawful on the part of the Government of
Tripura to have the right and be entitled to recover the amount paid in the circumstances as
aforesaid from dues of the contractor.
(i) All tendered rates shall be inclusive of any tax, levy or cess applicable on last stipulated
date of receipt of tender including extension if any. No adjustment i.e. increase or decrease
shall be made for any variation in the rate of GST, Building and Other Construction
Workers Welfare Cess or anytax, levy or cess applicable on inputs.
However, effect of variation in rates of GST or Building and Other Construction Workers
Welfare Cess or imposition or repeal of any other tax, levy or cess applicable on output
of the works contract shall be adjusted on either side, be it on increase or decrease in
such rates.
Standard Bid Document, THCB – 2021 Page - 106
Provided further that for Building and Other Construction Workers Welfare Cess or any
tax (other than GST), levy or cess enhanced or imposed after the last date of receipt of
tender including extension if any, shall be reimbursed to the contractor only if the
contractor necessarily and properly pays such increased amount of taxes, levies, cess etc.
Provided further that such increase, including GST, imposed during the extended period of
contract for which the contractor alone is responsible by way of delay as determined by
the authority for extension of time under Clause 5 in Schedule-F shall not be
reimbursed.
(ii) The contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and shall allow inspection of the same by a
duly authorized representative of the Government and/or the Engineer-in-Charge and
shall also furnish such other information/document as the Engineer-in-Charge may require
from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of any such further
tax or levy or cess, or variation or repeal of such tax or levyor cess give a written notice
thereof to the Engineer-in-charge that the same is given pursuant to this condition, together
with all necessary information relating thereto.
Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the
Divisional Officer on behalf of the Governor of Tripura shall have the option of terminating the
contract without compensation to the contractor.
The contractor shall not be permitted to tender for works in the Tripura PWD circle responsible
for award and execution of contracts in which his near relative is posted as Divisional
Accountant or as an officer in any capacity between the grades of the Superintending Engineer
and Junior Engineer (both inclusive). 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 Tripura.
P.W.D. Any breach of this condition by the contractor would render him liable to be removed
from the approved list of contractors of this Department. If however the contractor is
registered in any other department, he shall be debarred from tenderingin Tripura PWD for any
breach of this condition.
NOTE: By the term “near relatives” is meant wife, husband, parents and grandparents, children
and grandchildren, brothers and sisters, uncles, aunts and cousins and their corresponding in-
laws.
found at any time to be such a person who had not obtained the permission of Government
of Tripura as aforesaid, before submission of the tender or engagement in the contractor’s
service, as the case may be.
(i) After completion of the work and also at any intermediate stage in the event of non-
reconciliation of materials issued, consumed and in balance - (see Clause 10), theoretical
quantity of materials issued by the Government for use in the work shall be calculated on the
basis and method given here under:-
(a) Quantity of cement & bitumen shall be calculated on the basis of quantity of cement &
bitumen required for different items of work as shown in the Schedule of Rates mentioned in
Schedule - F. In case any item is executed for which standard constants for the consumption of
cement or bitumen are not available in the above mentioned schedule/statement or cannot be
derived from the same shall be calculated on the basis of standard formula to be laid down by
the Engineer-in- Charge.
(b) Theoretical quantity of steel reinforcement or structural steel sections shall be taken as the
quantity required as per design or as authorized by Engineer-in- Charge, including authorized
lappages, chairs etc. plus 2% wastage due to cutting into pieces, such theoretical quantity being
determined and compared with the actual issues each diameter wise, section wise and category
wise separately.
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables, pig lead and
G.I./M.S. sheets shall be taken as quantity actually required and measuredplus 5% for wastage due
to cutting into pieces (except in the case of G.I./M.S. sheets it shall be 10%), such determination &
comparison being made diameter wise& category wise.
(d) For any other material as per actual requirements.
(ii) Over the theoretical quantities of materials so computed a variation shall be allowed as
specified in Schedule - F. The difference in the net quantities of material actually issued to the
contractor and the theoretical quantities including such authorized variation, if not returned by
the contractor or if not fully reconciled to the satisfaction of the Engineer-in- Charge within
fifteen days of the issue of written notice by the Engineer-in-charge to this effect shall be
recovered at the rates specified in Schedule-F, without prejudice to the provision of the
relevant conditions regarding return of materials governing the contract. Decision of Engineer-in-
Charge in regard to theoretical quantities of materials, which should have been actually used as
per the Annexure of the standard schedule of rates and recovery at rates specified in Schedule-F,
shall be final & binding on thecontractor.
For non-scheduled items, the decision of the Superintending Engineer regarding theoretical
quantities of materials which should have been actually used, shall be final and binding on the
contractor.
(iii) The said action under this clause is without prejudice to the right of the
Government to take action against the contractor under any other conditions ofcontract for not
doing the work according to the prescribed specifications.
The work (whether fully constructed or not) and all materials, machines, tools and plants,
scaffolding, temporary buildings and other things connected therewith shall be at the risk of the
contractor until the work has been delivered to the Engineer-in-Charge and a certificate from him
to that effect obtained. In the event of the work or any materials properly brought to the site
Standard Bid Document, THCB – 2021 Page - 108
The contractor shall comply with the provisions of the Apprentices Act, 1961 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 the Superintending Engineer may, in 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 said Act.
D : PAYMENT RECONCILIATION
The Departments may reconcile payments made to the contractor to ensure that thereis no
liability outstanding against the contractor on account of:
i) Liquidity Damage;
ii) Price reduction enforced on account of shortfall in standards of Work;
iii) Variations/ deviations from the scope of the contract;
iv) Overpayments/ duplicate payments, if any;
v) Services availed from Procuring Entity and vacation thereof such as accommodation,
electricity, water, security, transport, cranes and other machinery,and so on;
vi) Demurrage, insurance premiums or claims, and so on;
vii) Works reconciliation;
viii) Price variations;
ix) Statutory duties paid on behalf of the contractor by Procuring Entity; and
On satisfactory reconciliation and against a “no claim certificate” from the contractor,the
bank guarantee may be released and its acknowledgement taken from the contractor.
Standard Bid Document, THCB – 2021 Page - 110
To,
………………………..,
………………………..,
………………………..
Dear Sir,
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the
Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents,
failing which the tenderer/bidder will stand disqualified from the tendering process and the
bid of the bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the same
shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the Tripura
PWD.
Yours faithfully
.……………….…..……………
Standard Bid Document, THCB – 2021 Page - 111
To,
Deputy Executive Officer,
…………………………....……..,
…………………………….……..
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition
that I/We will sign the enclosed integrity Agreement, which is an integral part of tender
documents, failing which I/We will stand disqualified from the tendering process. I/We
acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL
AND ABSOLUTE ACCEPTANCE of
this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and
further agree that execution of the said Integrity Agreement shall be separate and distinct from
the main contract, which will come into existence when tender/bid is finally accepted by
Tripura PWD. I/We acknowledge and accept the duration of the Integrity Agreement, which
shall be in the line with Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, Tripura PWD shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with
terms and conditions of the tender/ bid.
Yours faithfully
INTEGRITY AGREEMENT
This Integrity Agreement is made at ......................... on this ............ day of ........................ 20….....
BETWEEN
Governor of Tripura represented through Deputy Executive Officer,
.................................................................,
(Name of Division)
(Address of Division)
‘Principal/Owner’, which expression shall unless repugnant to the meaning orcontext hereof
include its successors and permitted assigns)
AND
.....................................................................................................................................................................
Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No ..................................................... )
(hereinafter referred to as “Tender/Bid”) and intends to award, under laid down
organizational procedure, contract for
...............................................................................................................................................................................
...............................................................................................................................................................................
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land,
rules, regulations, economic use of resources and of fairness/transparency in its relation with
its Bidder(s) and Contractor(s).
Standard Bid Document, THCB – 2021 Page - 113
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid documents
and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows and this Pact witnesses as under:
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and
reason. The Principal/Owner will, in particular, before and during the Tender process, provide
to all Bidder(s) the same information and will not provide to any Bidder(s) confidential /
additional information through which the Bidder(s) could obtain an advantage in relation to the
Tender process or the Contract execution.
(c) The Principal/Owner shall endeavour to exclude from the Tender process any person,
whose conduct in the past has been of biased nature.
(2) If the Principal/Owner obtains information on the conduct of any of its employees which is
a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC
Act) or is in violation of the principles herein mentionedor if there be a substantive suspicion in
this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also
initiate disciplinary actions as per its internal laid down policies and procedures.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or
any other actions to restrict competitiveness or to cartelize in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.
Further the Bidder(s)/ Contract(s) will not use improperly, (for the purpose of competition or
personal gain), or pass on to others, any information or documents provided by the
Principal/Owner as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of
agents/representatives in India, if any. Similarly, Bidder(s)/Contractor(s) of Indian Nationality
shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian
agent on behalf of the foreign principal or the foreign principal directly could bid in a tender
but not both. Further, in cases where an agent participates in a tender on behalf of one
manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with
the first manufacturer in a subsequent/parallel tender for the same item.
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he
has made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the Contract.
(3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
(4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in
fraudulent practice means a willful misrepresentation or omission of facts or submission of
fake/forged documents in order to induce public official to act in reliance thereof, with the
purpose of obtaining unjust advantage by or causing damage to justified interest of others
and/or to influence the procurement process to the detriment of the Government interests.
(5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use
Coercive Practices (means the act of obtaining something, compelling an action or influencing a
decision through intimidation, threat or the use of force directly or indirectly, where potential
or actual injury may befall upon a person, his/her reputation or property to influence their
participation in the tendering process).
(1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has
committed a transgression through a violation of Article 2 above or in any other form, such
as to put his reliability or credibility in question, the Principal/Owner, after giving 14(fourteen)
days’ notice to the contractor, shall have powers to disqualify the Bidder(s)/Contractor(s) from
the Tender process or terminate/determine the Contract, if already executed or exclude the
Bidder/Contractor from future contract award processes. The imposition and duration of the
Standard Bid Document, THCB – 2021 Page - 115
(3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact
between the Principal/Owner and the bidder, along with the Tender or violate its provisions at
any stage of the Tender process, from the Tender process.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid
despite the lapse of this Pacts as specified above, unless it is discharged/determined by the
Competent Authority, Tripura PWD.
........................................................................ ……..…………………………………...
WITNESSES:
Place:
Dated :
Standard Bid Document, THCB – 2021 Page - 117
APPENDIX-I
(BY REGISTERED/SPEED POST)
From,
The Deputy Executive Officer,
Works - III
Agartala, THCB
To,
..........................................................(Name and address of the contractor)
Subject: .............................................. (Name of the work as appearing in the tender for the work)
Reference:
Your tender for the work mentioned above has been accepted on behalf of theGovernor of
Tripura at your tendered/negotiated tender amount of Rs….....................................
(Rupees……………………………...… only), which is.........% below/above the estimated cost of
Rs. ....................................... (Rupees… .............................................................................................. only)
in accordance with the procedures intimated in the relevant bid documents.
Please note that the time allowed for carrying out the work as entered in the tender (………….
days/weeks/months) shall be reckoned from the …………day after the date of issue of this
letter.
This notification concludes the legally binding contract between you and the Government of
Tripura, till issue of a formal contract.
Yours faithfully, Deputy Executive Officer Works – III, THCB For and on behalf of Governor of
Tripura
Standard Bid Document, THCB – 2021 Page - 118
APPENDIX-II
(BY REGISTERED/SPEED POST)
From,
The Deputy Executive Officer,
Works - III
Agartala, THCB
To,
(Name and address of the contractor)
Subject: ..........................................................................................
(Name of the work as appearing in the tender for the work)
Reference:
(i) Performance Guarantee submitted by you vide your letter no. ....................,
dated. ............................ for the above work.
(ii) This office Letter of Acceptance (LOA) of your tender no...................... date ….....……….
You are requested to contact the Assistant Executive Officer ..................... (complete address)
for taking possession of work site and starting the work at once.
In continuation to the letters referred to above, you are requested to attend this office to
complete the formal agreement within …………… days from the date of issue of this letter.
Yours faithfully, Deputy Executive Officer Works - III, THCB For and on behalf of Governor of
Tripura
Standard Bid Document, THCB – 2021 Page - 119
APPENDIX-III
Form of Performance Security (Guarantee)Bank Guarantee Bond
In consideration of the Governor of Tripura (hereinafter called “The Government”) having
offered to accept the terms and conditions of the proposed agreement
between…………………………….and …………….....................…… (hereinafter called “the said
Contractor(s)”) for the work… .............................................................................................. (hereinafter
called “the said agreement”) having agreed to production of an irrevocable Bank Guarantee for
₹ …………. (Rupees ………………………………… only) as a security/guarantee from the
contractor(s) for compliance of his obligations in accordance with the terms and conditions in
the said agreement.
1. We, ........................................................................... (hereinafter referred to as “the Bank”) hereby
undertake to pay to the Government an amount not exceeding ₹ ………………………..
(Rupees… .................................. Only) on demand by the Government.
3. We, the said bank further undertake to pay the Government any money so demanded
notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding
pending before any court or Tribunal relating thereto, our liability under this present being
absolute and unequivocal. The payment so made by us under this bond shall be a valid
discharge of our liability for payment thereunder and the Contractor(s) shall have no claim
against us for making such payment.
4. We, .............................................................. (indicate the name of the Bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that would
be taken for the performance of the said agreement and that it shall continue to be enforceable
till all the dues of the Government under or by virtue of the said agreement have been fully
paid and its claims satisfied or discharged or till Engineer- in- Charge on behalf of the
Government certified that the terms and conditions of the said agreement have been fully and
properly carried out by the said Contractor(s) and accordingly discharges this guarantee.
5. We, ……………………………. (indicate the name of the Bank) further agree with the
Government that the Government shall have the fullest liberty without our consent and without
affecting in any manner our obligation hereunder to vary any of the termsand conditions of the
said agreement or to extend time of performance by the said Contractor(s) from time to time
or to postpone for any time or from time to time any of the powers exercisable by the
Government against the said contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor(s) or for any
forbearance, act of omission on the part of the Government or any indulgence by the
Standard Bid Document, THCB – 2021 Page - 120
Government to the said Contractor(s) or by any such matter or thing whatsoever which under
the law relating to sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor(s).
7. We, ............................................................... (indicate the name of the Bank) lastly undertake not
to revoke this guarantee except with the previous consent of the Government in writing.
8. This guarantee shall be valid up to …………………………unless extended on demand by the
Government. Notwithstanding anything mentioned above, our liability against this guarantee is
restricted to ₹ …………………… (Rupees ………………..) and unless a claim in writing is lodged
with us within 6(six) months of the date of expiry or the extended date of expiry of this
guarantee all our liabilities under this guarantee shall stand discharged.
APPENDIX-IV
Notice for appointment of Arbitrator
[Refer Clause 25]
To
...............................................
Dear Sir,
In terms of Clause 25 of the agreement, particulars of which are given below, I/wehereby
give notice to seeking arbitration for settlement of disputes mentioned below:
1. Name of applicant
2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to SE for decision
17. Date of receipt of SE's decision
18. Date of appeal to you
19. Date of receipt of your decision.
The name & address of nominee Arbitrator appointed by me with his consent letteris enclosed
herewith.
Enclo: As stated
Specimen signatures of the applicant(Only the
I/We certify that the information given above is true to the best of my/our knowledge.I/We
enclose following documents.
2.
3.
4.
Yours faithfully,
(Signatures)
APPENDIX-V
FORM OF APPLICATION BY THE CONTRACTOR FOR SEEKING EXTENSION OF TIME
(Refer Clause 5)
1. Name of contractor: ………..........................….
8. Period for which extension of time if has been given by authority in Schedule ‘F’ previously:
…………………….…
Sl.
No. Letter No. and Date Extension granted
9. Reasons for which extension have been previously given (copies of the previous
applications should be attached)
10. Period for which extension if applied for
11. Hindrances on account of which extension is applied for with dates on which hindrances
occurred and the period for which these are likely to last (for causes under clause 5.2/ and5.3).
a) Serial no: ...................
b) Nature of hindrance: ..................
c) Date of occurrence: ...................
d) Period for which it is likely to last: ....................
e) Period for which extension required for this particular hindrance: .....................
f) Overlapping period if any, with reference to item: ..................
g) Net extension applied for: .........................
h) Remarks, if any: ..........................
Total period, on account of hindrances, mentioned above is .................................... Days
Standard Bid Document, THCB – 2021 Page - 124
Submitted to the Authority indicated in Schedule- F, with copy to the Engineer-in-charge and
Sub-Divisional Officer.
Signature of Contractor
Dated :
Standard Bid Document, THCB – 2021 Page - 125
APPENDIX-VI
FORM OF APPLICATION OF THE CONTRACTOR FOR SEEKING RESCHEDULINGOF THE
MILESTONES
(Refer Clause 5)
1. Name of contractor: .............................................
2. Name of work as given in the agreement: ...........................................................
APPENDIX-VII
FORMAT OF INVITATION AND DECLARATION FOR NEGOTIATIONS
To M/s.................................................................................................... Registered A/ D
Dear Sir,
The rates quoted in your tender are considered high. You are therefore, requested to come for
negotiations of rates, on ........................ (date) at ................. (time) at .................... (venue).
You should, however, come for negotiations only in case you are prepared to furnish before
such date the declaration appended herewith.
A copy of the form in which you may submit your revised offer after negotiations is enclosed.
Yours faithfully,
1. Form of Declaration
2. Form of Revised Offer
FORM OF DECLARATION
(To be signed and submitted before start of negotiations)(On company letterhead)
Dear Sir,
I ........................................................... duly authorised on behalf of M/s. ..............................................
do declare that in the event of failure of the contemplated negotiations relating to Tender
Yours faithfully,
Place: ......................................
APPENDIX-VIII
FORMAT OF REVISED OFFER IN NEGOTIATIONS
REVISED OFFER IN NEGOTIATIONS
(On company letterhead)
From ………………………………………………………….....................……………………….
Full address …………………………………………………………………..........................……
To ...............................................................................................................................
Dear Sir,
I/We am/are not prepared to reduce the rates already quoted in the original tender, which will
remain valid up to……………………………….
Or
1. I/we reduce my/ our rates @………… %. My/our reduced offer amounting to Rs. ………....
which is @ .................. % above/below the estimated cost put to tender (for the percentage rate
tender)
Or
I/we reduce my/ our rates for the items as enclosed. My/our reduced offer amountingto Rs.
(for the item rate tender)
2. I/we am/ are aware that the provisions of the original bidding document remain valid and
binding on me.
3. I/we undertake to execute the work as per contract Agreement.
4. I/ we agree to abide by this tender on the revised rate quoted by me/ us, it is open for
acceptance for a period of 120 days from this date, i. e., up to ...................................... and in default
of my/ our doing so, I/ we will forfeit the earnest money deposited with the original tender/
attached herewith. Eligibility as valid tenderers shall be deemed to be the consideration for the
said forfeiture.
Yours faithfully,
Signatures of bidder
Standard Bid Document, THCB – 2021 Page - 128
APPENDIX-IX
FORMAT OF NO CLAIM CERTIFICATE
NO CLAIM CERTIFICATE
(On company letterhead)
To,
NO CLAIM CERTIFICATE.
I/We have received the sum of Rs. (Rupees .......................................................... only) in full and final
settlement of all the payments due to us for the supply of under the above mentioned contract
agreement, between us and Government of India. I/We hereby unconditionally, and without any
reservation whatsoever, certify that with this payment, I/we shall have no claim whatsoever, of
any description, on any account, against Procuring Entity, against aforesaid contract agreement
executed by us. I/We further declare unequivocally, that with this payment, I/we have received all
the amounts payable to me/us, and have no dispute of any description whatsoever, regarding
the amounts worked out as payable to me/us and received by me/us, and that I/we shall
continue to be bound by the terms and conditions of the contract agreement, as regards
performance of the contract.
Yours faithfully,
Date: ...................
Place: ...................
Standard Bid Document, THCB – 2021 Page - 129
PROFORMA OF SCHEDULES
[Operative Schedules /BOQ sheet to be uploaded (macro enabled MS-Excel sheet)]
SCHEDULE -A
Schedule of Quantities
(i) Percentage Rate Tender (Tripura PWD Form-7) [BOQ enclosed separately in Fin. Bid]
(ii) Item Rate Tender (Tripura PWD Form-8) [BOQ enclosed separately in Fin. Bid]
SCHEDULE -B
Schedule of materials to be issued to the contractor.
SCHEDULE -C
Tools and plants to be hired by the contractor
SCHEDULE -D
Extra Schedule - For specific requirements/document for the work, if any.
Standard Bid Document, THCB – 2021 Page - 130
SCHEDULE -E
Reference to General Tripura PWD Form-7/ Tripura PWD Form -8 with upto date
Conditions of Contract correction
Type of Contract * Percentage Rate / Item Rate Contract
Bidding System * Single / Two Bid System
.........................
Earnest money: (@2% of the estimated cost put to tender and to be returned
after receiving performance guarantee)
Security Deposit: @2.5% of the gross amount of each running and final bill
SCHEDULE - F
General Rules & Directions:
Conditions of Contract:Definitions:
Tripura PWD- 6:
Clause 1:
ii) Maximum allowable extension with late fee @ 0.1% per dayof
Performance Guarantee amount beyond the period provided in 7 days
(i) above
Clause 2:
Clause 2A:
Whether incentive for early completion under Clause 2A * YES / NO
shall be applicable
[only applicable to the contract for estimated cost put to
tender more than Rs. 1(one) Crore for original works]
Clause 5:
Number of days from the date of issue of Letter of Acceptance ……….. days
(LOA) for reckoning Date of Start & Signing of Agreement
[7 to 21 days depending upon the magnitude and urgency of
work]
Authority to decide:
Clause 5.4:
(i) for works Agreement value upto ₹ 20 Crores @ ₹2500.00 per week
(ii) for works Agreement value more than ₹ 20
@ ₹5000.00 per week
Crores
Clause 6, 6A, 6B:
Applicable Clause - 6 (MMB) or 6A (CMB) or 6B
6 (MMB)
(e-MB)
Clause 7:
Gross work to be done together with net @10% of the Tendered Value
payment/adjustment of advances for material (subject to minimum value of
collected, if any, since the last such payment for work Rs. 1.00 Lakh).
being eligible to interim payment
Clause 7A:
Clause 8B:
Clause 10A: [Applicable for work value more than Rs. 5.00 (five) crore]
Rapid moisture
4 Dial Gauge 11 meter 18 Long nylon thread
Equipment
5 for SlumpTest 12 Rebound hammer 19 Magnifying glass
Clause 10B:
Clause 11:
Clause 12:
(The completion cost of any agreement for Construction/Maintenance works including works of
Upgradation, aesthetic, special repair, addition/ alteration shall not exceed the Tendered
amount. Any further deviation beyond this limit shall be approved by the appropriate authority
as per latest Delegation of Financial Power Rules, Tripura (DFPRT) in force with recorded
reason and take suitable corrective action.)
Clause 16:
Competent Authority for deciding reduced rates Chief Executive Officer, THCB
Clause 18:
List of mandatory machinery, tools & plants to be deployed by the contractor at site.
Sl. Sl. Sl.
Item Item Item
No. No. No.
Excavator (various Semi-Automatic
1 6Bar Bending Machine 11
capacity) Batch Mix Plant
Concrete Mixer with
2 7Bar Cutting Machine 12 Concrete pump
Hopper
Standard Bid Document, THCB – 2021 Page - 136
Clause 19K:
Clause 41:
(i) (a) Statement for determining Theoretical Quantity of cement & bitumen onthe
basis of latest CPWD / MoRD / MoRTH/ DSR specification.
(b) Bitumen All Works 2.5% plus & only & Nil on minus side
ADDITIONAL CONDITIONS
&
SPECIFICATIONS
Standard Bid Document, THCB – 2021 Page - 139
1. Unless otherwise specified, CPWD Specifications 2019, volume I & volume II, with up-
to-date corrections slips shall be followed in general. Any additional item of work, if taken up
subsequently, shall also conform to the relevant CPWD specifications mentioned above. If there
is any difference or discrepancy between the description of items as given in the schedule of
quantities and particular specifications for individual items of work and I.S. Codes etc., the
following order of preference shall be observed:
i. Description of items as given in Schedule of quantities.
ii. Particular specifications, if any, for the item in agreement.
iii. Special conditions, if any, in the agreement.
iv. Additional conditions, if any, in the agreement.
v. Drawings attached to tender / issued during execution.
vi. CPWD Specifications 2019 including up to date correction slips.
vii. General Conditions of Contract for Tripura PWD works 2021 with up-to-datecorrection
slips.
viii. Indian Standards Specifications of B.I.S.
ix. ASTM, BS or other foreign origin code mentioned in agreement.
x. Manufacturer’s specifications for the item, as decided by Engineer-in-charge.
xi. Sound Engineering practices or well-established local construction practices asdecided by
Engineer-in-Charge.
2. The Contractors are advised to inspect and examine the site and its surroundings and satisfy
themselves with the nature of site, the means of access to the site, the constraints of space for
stacking material / machinery, labour etc. constraints put by local regulations, if any, weather
conditions at site, general ground / subsoil conditionsetc. or any other circumstances which may
affect or influence their tenders.
3. The Contractor shall, if required by him, inspect the drawings in the Office of the Engineer-
in-Charge before submission of the tender. The Department shall not bear any responsibility
for the lack of knowledge and also the consequences, thereof to theContractor. The information
and data shown in the drawings and mentioned in the tender documents for general
information and guidance only. No claim, whatsoever, shall be entertained from the Contractor,
if the data or information furnished in tender document is different or in-correct otherwise or
actual working drawings or structural drawings are at variance with the drawings available for
inspection or attached to thetender documents. It is presumed that the Contractor shall satisfy
himself for all possible contingencies, incidental charges, wastages, bottlenecks etc. likely
during execution of work. Nothing extra shall be payable on this account.
4. Unless otherwise specified in the schedule of quantities, the rates of all items of work shall be
considered as inclusive of executing all work, wherever required, in or under water and / or
liquid mud, including bailing out water encountered from any source
Standard Bid Document, THCB – 2021 Page - 140
such as rain, floods, tides ingress of water through pressure relieving sleeves left during PCC at
base, sub- soil water table being high and / or any other source whatever. During entire execution
of work, the contractor shall carry out dewatering (at his own cost), as and when required or
specified herein. Nothing extra shall be payable.
5. The nomenclature of the item given in the schedule of quantities gives in general the work
content but is not exhaustive i.e. does not mention all the incidental works required to be
carried out for complete execution of the item of work. The work shall be carried out, in
accordance with true intent and meaning of the CPWD Specifications and the drawings taken
together, regardless of whether the same may or may not be particularly shown on the
drawings and / or described in the Specifications, provided that the same can be reasonably
inferred there from.
6. Unless otherwise provided in the Schedule of Quantities, the rates quoted by the Contractor
shall be inclusive of carrying out the works at and /or upto all heights, lifts, leads and depths.
The contractor shall make all arrangements for the same. Nothing extra shall be payable on this
account.
7. If space is not available for accommodation of labour huts, site office, stores, installation of
batching plant etc. at the site of work, Contractor shall make his own arrangements to provide
such accommodation. Before tendering, he shall visit the site and assess the manner in which he
is able to arrange the above facilities. The Engineer- in-Charge shall in no way be responsible for
any delay on this account and no claim, whatsoever, on this account shall be entertained.
Nothing extra shall be payable on thisaccount.
8. The Contractor shall submit the following details immediately after award of work.
i. List of Equipment proposed to be deployed for this work.
ii. Site organization chart with Bio-data of Project Manager and Key Personnel proposed to be
deployed at site.
iii. A certified copy of Power of Attorney, if any, in the name of person who has signed the
tender document and uploaded during submission of Bid.
iv. The details of shuttering and scaffolding material proposed to be used to completethe entire
R.C.C structural work commensurate with overall stipulated period for completion of work.
v. The contractor shall prepare and submit a tentative integrated Bar Chart [for Civil, Electrical
& Mechanical (E&M) services] clearly indicating the various activities, in a manner to complete
the entire work covered under this tender within the stipulatedperiod.
9. The Contractor shall keep himself fully informed of all acts and laws of the Central & State
Governments, all orders, decrees of statutory bodies, tribunals having any jurisdiction or
authority, which in any manner may affect those engaged or employed and anything related to
carrying out the work. The contractor shall adhere to all the rules & regulations and byelaws
laid down by local Bodies and any other statutory bodies, during the execution of work. The
Contractor shall also adhere to all traffic restrictions notified by the local authorities. All
statutory taxes, levies, charges (including water and sewerage charges, charges for temporary
service connections and / or any other charges) payable to such authorities for carrying out the
work, shall be borne by the Contractor. The Contractor shall arrange to give all notices as
required by any statutory / regulatory authority and shall pay to such authority all the fees that
Standard Bid Document, THCB – 2021 Page - 141
is required to be paid for the execution of work. He shall protect and indemnify the
Department and its officials & employees against any claim and /or liability arising out of
violations of any such laws, ordinances, orders, decrees, by himself or by his employees or his
authorized representatives. Nothing extra shall be payable on theseaccounts. The fee payable to
statutory authorities for obtaining the various permanent service connections and Occupancy
Certificate for the building shall be borne by the Department.
10. Royalty at the prevalent rates shall be paid by the Contractor or the Ready Mixed Concrete
(RMC) supplier as per the terms of supply between them on all materials such as boulders,
metals, sand etc. collected by him for the execution of the work, directly to the revenue
authority of the state government concerned. Nothing extra shall be payable on this account.
11. No foreign exchange shall be made available by the Department for importing (purchase) of
equipment, plants, machinery, materials of any kind or any other items required to be carried
out during execution of the work. No delay and no claim of any kind shall be entertained from
the Contractor, on account of variation in the foreign exchange rate.
12. The Contractor shall assume all liability, financial or otherwise in connection with this
contract and shall protect and indemnify the Department from any and all damages and claims
that may arise on any account. The Contractor shall indemnify the Department against all
claims in respect of patent rights, royalties, design, trademarks of name or other protected
rights, damages to adjacent buildings, roads or members of public, in course of execution of
work or any other reasons whatsoever, and shall himself defend all actions arising from such
claims and shall indemnify the Department in all respect from such actions, costs and
expenses. Nothing extra shall be payable on this account.
13. The Contractor shall provide and erect a display board of size and shape as required and
paint over it, in a legible and workman like manner, the details about the salient features of the
project, as required by the Engineer-in-Charge. The Contractor shall fabricate and put up a sign
board in an approved location and to an approved design indicating name of the project, client/
owner, Department etc. besides providing space for names of other Contractors, Sub-
Contractors and specialized agencies. Nothing extra shall be payable on this account.
14. The contractor shall prepare following drawings for various civil and electrical services showing
details of lay out plan including sectional elevations and submit the same for the approval of
Engineer-in-Charge.
i. Plumbing drawings uPVC, GI and CI line
may deploy adequate equipment, machinery and labour as required for the completion of the
entire work within the stipulated period specified. Also, ancillary facilities shall be provided
commensurate with requirement to complete the entire work within the stipulated period.
Nothing extra shall be payable on this account. Adequate number/sets of equipment in working
condition, along with adequate stand-by arrangements, shall be deployed during entire
construction period. It shall be ensured by the Contractor that all the equipment, Tools &
Plants, machineries etc. provided by him are maintained in proper working conditions at all
times during the progress of the work and till the completion of the work. Further, all the
constructional tools, plants, equipment and machineries provided by the Contractor, on site of
work or his work shop for this work, shall be exclusively intended for use in the construction
of this work and they shall not be shifted / removed from site without the permission of the
Engineer-in- Charge.
17. The Contractor shall not stack building material / debris / muck on any other land outside
site barricading. The muck, rubbish etc. shall be removed periodically as directed by the
Engineer-in-Charge, from the site of work to the approved dumping grounds as per the local
byelaws and the Contractor shall obtain regulations of the concerned authorities and all
necessary permissions in this regard from the local bodies. Nothing extra shall be payable on
this account. The contractor shall be liable to pay any charges/penalties as may be levied by
local bodies. The Engineer –in-Charge shall be at liberty to recover, such sums due but not paid
to the concerned authorities on the above counts, from any sums due to the Contractor
including amount of the Security Deposit and performance guarantee in respect of this
contract agreement.
18. The Contractor shall execute his work in such a way, so as not to interfere with or hinder
the progress of the work being performed by other Contractors or by the Engineer-in-Charge.
As far as possible, he shall arrange his work and place, so as not to interfere with the
operations of other Contractors or shall arrange his work with that of the others, in an
acceptable and coordinated manner and shall perform it in proper sequence.
19. The Contractor shall cooperate with and provide the facilities to the other agencies
working at site for smooth execution of the work. The Contractor shall
i. Allow use of toilets, sheds etc.
ii. Properly co-ordinate their work with the work of other contractors.
iii. Provide control lines and benchmarks to his Sub-Contractors and the other Contractors.
iv. Provide electricity and water at mutually agreed rates.
v. Co-ordinate with other Contractors for leaving inserts, making chases, alignment of
services etc. at site.
vi. Adjust work schedule and site activities in consultation with the Engineer-in- Charge and
other Contractors to suit the overall schedule completion.
vii. Resolve the disputes with other Contractor amicably and the Engineer-in- Charge shall not
be made intermediary or arbitrator. The contractor shall indemnify the Department against any
claim(s) arising out of such disputes.
Standard Bid Document, THCB – 2021 Page - 143
20. The site of work shall be always kept clean due to constraints of space and to avoid any
nuisance to the users of buildings in the adjacent plots. The Contractor shall take all care to
prevent any water- logging at site. The wastewater, slush etc. shall not be allowed to be
collected at site. It may be directly pumped into the creek with prior approval of the concerned
authorities. For discharge into public drainage system, necessary permission shall be obtained
from relevant authorities after paying the necessary charges, if any, directly to the authorities.
The work shall be carried out in such a way that the area is kept clean and tidy. All the
fees/charges in this regard shall be borne by the Contractor. Nothing extra shall be payable on
this account.
21. The Contractor shall take all necessary precautions to prevent any nuisance or
inconvenience to the owners, tenants or occupants of the adjacent properties and to the public
in general. The Contractor shall take all care, as not to damage any other adjacent property or
other services running adjacent to the plot. If any damage is done, the same shall be made good
by the Contractor at his own cost and to the entire satisfaction of the Engineer-in-Charge. The
Contractor shall use such methodology and equipment for execution of the work, so as to
cause minimum environmental pollution of any kind during construction, to have minimum
construction time and minimum inconvenience to road users and to the occupants of the
buildings on the adjacent plot and public in general, etc. He shall make good at his own cost
and to the entire satisfaction of the Engineer in Charge any damage to roads, paths, cross
drainage works or public or private property whatsoever caused, due to the execution of the
work or by traffic brought thereon, by the Contractor. Further, the Contractor shall take all
precautions to prevent any pollution of streams and waterways. All waste or superfluous
materials shall be carted away by the Contractor, entirely to the satisfaction of the Engineer-in-
Charge. Utmost care shall be taken to keep the noise level to the barest minimum so that no
disturbance as far as possible is caused to the occupants / users of adjoining buildings. No
claim what so ever on account of site constraints mentioned above or any other site constraints
not specifically stated here,shall be entertained from the Contractor. Therefore, the Contractors
are advised to visit site and get firsthand information of site constraints. Accordingly, they
should quote their tenders. Nothing extra shall be payable on this account.
22. Scaffolding should be suitably fixed, by the Contractor. It shall be provided strictly with
steel double scaffolding system, suitably braced for stability, with all the accessories,
gangways, etc. with adjustable suitable working platforms to access the areas with ease for
working and inspection. It shall be designed to take all incidental loads. It should cater to the
safety features for workmen. Nothing extra shall be payable on this account. It shall be ensured
that no damage is caused to any structuredue to the scaffolding.
23. The Contractor shall maintain all the work in good condition till the completion of entire
work. The Contractor shall be responsible for and shall make good, all damages and repairs,
rendered necessary due to fire, rain, traffic, floods or any other causes. The Engineer-in-Charge
shall not be responsible for any claims for injuries to person/workmen or for structural
damage to property happening from any neglect, default, want of proper care or misconduct
on the part of the Contractor or of any other of his representatives, in his employment during
the execution of the work. The compensation, if any, shall be paid directly to the Department /
authority / persons concerned, by the Contractor at his own cost.
Standard Bid Document, THCB – 2021 Page - 144
24. For completing the work in time, the Contractor might be required to work in two or more
shifts (including night shifts). No claim whatsoever shall be entertained on this account, not
with-standing the fact that the Contractor may have to pay extra amounts for any reason to the
labourers and other staff engaged directly or indirectly on the work according to the provisions
of the labour and other statutory bodies regulations and the agreement entered upon by the
Contractor with them.
25. In case of flooding of site on account of rain or any other cause and any consequent
damage, whatsoever, no claim financially or otherwise shall be entertained not withstanding
any other provisions elsewhere in the contract agreement. Also, the Contractor shall make
good, at his own cost, the damages caused, if any.
26. The Contractor shall render all help and assistance in documenting the total sequencesof this
project by way of photography, slides, audio / video recording etc. Nothing extra shall be
payable to Contractor on this account. However, cost of photographs, slides, audio /
videography etc. shall be borne by the Department. The original films shall be the property of
the Department. No copy shall be prepared without the prior approval of the Engineer- in –
Charge.
27. The Contractor shall make all necessary arrangements for protecting from rains, the work
already executed and for carrying out the further work, during monsoon including providing
and fixing temporary shelters, protections etc. Nothing extra shall be payable on this account.
Also, no claims for hindrance shall be entertained on thisaccount.
28. For all items of work, the entire incidental charges of any kind including cartage, storage,
wastage and safe custody of material etc. shall be borne by the Contractor and no claim of any
kind, whatsoever, shall be entertained on this account.
29. The Agency shall be responsible for the watch and ward / guard of the building’s safety,
fittings and fixtures provided by him against pilferage and breakage during the period of
installations and thereafter till the building is physically handed over to the department. No
extra payment shall be made on this account.
30. No inflammable materials including Petroleum, Oil, & Lubricants (P.O.L.) shall be allowed to
be stored in huge quantity at site. Only limited quantity of P.O.L may be allowed to be stored at
site subject to the compliance of all rules / instructions issuedby the relevant authorities and as
per the direction of Engineer -in- Charge in this regard. Also, all precautions and safety
measures shall be taken by the Contractor forsafe handling of the P.O.L products stored at site.
All consequences on account of unsafe handling of P.O.L shall be borne by the Contractor.
31. The Engineer-in-Charge shall not be precluded or stopped from taking any measurements,
and framing of estimates or detaining any certificates made either before or after the
completion and acceptance of the work and payment, from showing the true amount and
character of the works performed and materials furnished by the Contractor and from showing
that any such measurements, estimates or certificates untrue or incorrectly made and that
Engineer-in-Charge shall not be precluded or stopped from recovering from the Contractor
such damages as it may be sustained by reasons of his failure to comply with the terms and
conditions of the contract.
Standard Bid Document, THCB – 2021 Page - 145
32. The Contractor shall demonstrate trouble free functioning of all the Civil, Electrical &
Mechanical (E&M) installations and services. The Engineer-in-Charge or his authorized
representatives shall carry out final inspection and performance test as per standing
specifications of the various Civil and E & M services and installations. Any defect(s) noticed
during demonstration shall be rectified by the Contractor at his own cost to the entire
satisfaction of the Engineer-in-Charge. Nothing extra shall be payable on this account.
33. Unless otherwise provided in the Schedule of quantities, the rates tendered by the
contractor shall be all inclusive and shall apply to all heights, lifts, leads and depths of the
building and nothing extra shall be payable to him on this account. Payment for centering,
shuttering, however, if required to be done for heights greater than 3.5 m shall be admissible
at rates arrived at in accordance with clause 12 of the agreement if not already specified.
34. The contractor shall make his own arrangements for water and for obtaining electric
connections if required and make necessary payments directly to the department concerned. In
this connection, necessary Clause of SBD i.e. Clause 11 of PWD Form 6& Clause 30, 30A, 31 of
GCC shall be followed.
35. Other agencies doing work related with this project will also simultaneously execute the
works and the contractor shall afford necessary facilities for the same. The contractor shall
leave such necessary holes, openings etc. for laying, burying in the work pipes, cables,
conduits, clamps, boxes and hooks for fan clamps, etc. as may be required for other agencies
conduits for Electrical wiring/cables will be laid in a way that they leave enough space for
concreting and do not adversely affect the structural members. Nothing extra over the
agreement rates shall be paid for the same.
36. Some restrictions may be imposed by the security staff etc. on the working and for
movement of labour, materials etc. The contractor shall be bound to follow all such
restrictions/instructions and nothing extra shall be payable on this account.
37. (a) The building components will be carried out in the manner complying in all respect with
the requirements of relevant by laws of the local body under the jurisdiction of which the work
is to be executed or as directed by the Engineer- in-Charge and nothing extra will be paid on
this account.
(b) The contractor shall comply with proper and legal orders and directions of the Local or
Public authority or Municipality and abide by their rules and regulations and pay all fees and
charges, which he may be liable.
38. Any cement slurry or epoxy-based bonding agent added over base surface (or) for
continuation of concreting for better bond is deemed to have been built in the items and
nothing extra shall be payable or extra cement shall be considered in consumption on this
account.
39. Sample of building materials, fittings and other articles required for execution of work shall
be got approved from the Engineer-in-Charge before use in the work. The quality of samples
brought by the agency shall be judged by standards laid down in the relevant CPWD/ BIS
specifications. In case, samples provided by agency are not approved, agency shall submit new
samples of the materials and other articles for approval of Engineer-in-charge. Decision of
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Engineer-in-charge with respect to approval of samples of materials shall be final and binding
on the contractor. All materials and articles brought by the agency to the site for use shall
conform to the samples approved by the Engineer-in-Charge which shall be preserved till the
completion of the work.
The agency shall procure the required materials in advance so that there is sufficient time for
testing of the materials and clearance of the same before use in the work. The agency shall
provide at his own cost suitable weighing and measuring arrangements at site for checking the
weight / dimensions as may be necessary for execution of work.
Samples of various materials required for testing shall be provided free of charge by the
Contractor including its transportation to testing laboratories. The cost of tests for all
materials shall be borne by the Contractor. The test shall be carried out by the contractor from
the approved laboratory of Department. Testing of materials shall only be got conducted from
any Government Testing Labs as per direction and decision of the Engineer-in-charge. However,
in case of exigencies of some works, testing may be permitted from the approved Private Labs
other than Government Testing Labs on written request by the Contractor and duly approved by
the Engineer- in-Charge in writing. However, permission for testing materials from Private Labs
depends solely at the discretion of the Engineer-in-Charge.
Lot size, number of required tests and frequency of testing:
While deciding these criteria CPWD Specifications & Provisions of BIS Code and Standard
Practices may be referred. Volume of work, practical difficulties and site conditions etc. may
also be kept in view. The lot size, number of tests and frequencies of testing can be altered or
modified by the Engineer-in-charge from the prescribed limits.
40. All the registers of tests carried out at construction site or in outside laboratories shall be
maintained by the agency, which may be inspected by Engineer-in-charge or his/her
representative. All the entries in the registers will be made by the designated Engineering Staff
of the agency. Agency shall be responsible for safe custody of all thetest registers.
41. All the test in field lab setup at construction site shall be carried out by the Quality control
team/engineer to be engaged by the agency which can be witnessed by Engineer-in-charge or
his/her representative. A daily intimation of tests to be conducted on a day shall be given to
Engineer-in-charge or his/her representative.
42. The Agency shall allow access to Third Party Quality Assurance Agency (TPQAA) engaged
by Engineer-in-charge to have a control on quality and methodology of execution. At least 25%
of Samples of materials including Cement Concrete Cubes shall be taken jointly by Agency
and TPQA / Engineer-in-charge or his authorized representative. All arrangements for
transporting and getting them tested shall be made by the Agency.
43. The Structural and Architectural drawings shall be all times be properly co-related before
executing any work. However, in case of any discrepancy in the item given in the schedule of
quantities, appended with the tender and Architectural drawings relating to the relevant item,
the former shall prevail unless and otherwise given in writing by the Engineer-in-Charge.
44. For the purpose for recording measurements and preparing abstract of running / final
account bills, the full nomenclature of the items shall be reproduced.
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The agency shall provide mask to every worker on the construction site involving in loading,
unloading and carriage of construction material and construction debris to prevent inhalation
of dust particles.
The agency shall compulsorily use of wet jet in grinding and stone cutting.
The agency shall comply all the preventive and protective environmental steps as stated in
the Ministry of Environment and Forests (MoEF) guidelines, 2010.
The agency shall carry out on road Inspection for black smoke generating machinery.
The agency shall use cleaner fuel.
The agency shall ensure that all DG set comply emission norms notified by MoEF.
The agency shall use vehicles having pollution under control certificate. The emissions can
be reduced by a large extent by reducing the speed of a vehicle to 20 Kmph. Speed bumps shall
be used to ensure speed reduction. In case where reduction speed cannot effectively reduce
fugitive dust, the agency shall divert traffic to nearby paved areas.
The agency shall ensure that the construction material is covered by tarpaulin. The agency
shall take all other precaution to ensure that no dust particles are permitted to pollute air
quality as a result of such storage.
Wind breaking wall around construction site.
The agency shall take needful measures to prevent wastage and misuse of waterby providing
float valves to prevent overflows of water from Over Head Tanks /Roof Top Reservoirs.
Any violation of orders of MoEF including guidelines of State Government, any officer of
any department shall lead to stoppage of work for which Agency shall be responsible and no
hindrance shall be accounted in this regard.
46. Existing structures, which are within the specified area and which are designated for
removal shall be removed up to the limits and extent specified in the drawings or as, indicated
by the Engineer-in-Charge.
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Dismantling and removal operations shall be carried out with such equipment and in such a
manner as to leave undisturbed, adjacent structures and any other work to beleft in place.
All operations necessary for the removal of any existing structure, which might endanger for
new construction in the area, shall be completed prior to the start of newwork.
47. Holes and depressions caused by dismantling operations shall be backfilled- with
excavated or other approved materials and compacted to required density as directed by the
Engineer-in-Charge.
48. All materials obtained by dismantling operations shall be disposed of as directed by the
Engineer-in-Charge with all lifts and lead.
49. The pile cut-off depth shall be referred from structural drawing. It is to be ensured that
sound concrete is met at cut-off level. Else the pile should be chipped off till the sound
concrete is met and rebuilt up to cut-off level, if required. Concrete in driven cast-in-situ piles
shall be cast upto a height of minimum 600 mm above the designed top level of pile [cut-off
level], which shall be stripped off to obtain sound concrete either before final set or after 3
days. No payment will be made for casting and stripped off pile head and rebuilt up to cut-
off level, if required, to obtain sound concrete.
50. Wastage and unauthorized overlaps shall not be paid for [referred to CPWD]. Annealed
steel wire required for binding or tack welding shall not be measured. Where ever tack welding is
used in lieu of binding, such welds shall not be measured. Chairs, separators etc. shall be provided
as directed by Engineer-in-Charge and measured separately andpaid for.
51. The analysis of rate of schedule items is a basic frame work for finding out of costing of
individual items. This analysis of rate shall not be referred in any case after finalization of
tender and execution of agreement by any party. Any type of analysis of rate against schedule
agreement items, will not be entertained by the department.
There may be several incidental works, which are not mentioned in the nomenclature of each
item but will be necessary to complete the item as per specification in all respect. The
Contractor should examine each if the item and rate before quoting. No extra claim,
whatsoever, shall be allowed admittance from the contractor after acceptance of tender.
Standard Bid Document, THCB – 2021 Page - 149
Ingredients, water and admixtures purchased, stored and to be used in the concrete
including conducting of tests for checking quality of materials, recording of test results and
declaring the materials fit or unfit for use in production of mix.
Calibration check of the RMC plant.
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Weight and quantity check on the ingredients, water and admixtures added for batch
mixing.
Time of mixing of concrete.
Testing of fresh concrete, recordings of results and declaring the mix fit or unfit for use.
This will include continuous control on the workability during production and taking corrective
action, if required.
For exercising such control, the Engineer-in-charge shall periodically depute his authorized
representative at the RMC plant. It shall be responsibility of the agency to ensure that all
necessary equipment, manpower & facilities are made available to Engineer-in-Charge and/or
his authorized representative at RMC plant.
All required relevant records of produced and used concrete shall be made available to the
Engineer-in-Charge or his authorized representative. Engineer- in-Charge shall, as required,
specify guidelines & additional procedures for quality control & other parameters in respect of
materials, production & transportation of concrete mix which shall be binding on the agency.
Only concrete as approved in design mix by Engineer-in-Charge shall be produced and
transported to the site.
The concrete mix design with and without admixture will be carried out by the agency, at
his own cost, through one of the following laboratories/Test houses to be approved by
Engineer-in-charge:
Site laboratory of approved RMC plant or own batch mix plant approved by Engineer-in-
charge.
NITs or any Govt. Engineering College.
In the event of all the above laboratories being unable to carry out the requisite
design/testing, the agency shall have to get the same done from any other reputed laboratory
with prior approval of the Engineer-in- Charge.
3. STEEL REINFORCEMENT BARS:
The reinforcement bars shall conform to relevant Bureau of Indian Standards (BIS)
Specifications and it should be laid as per CPWD Specifications.
The rate of item of reinforcement of RCC work includes all operations including
straightening, cutting, bending, welding, binding with annealed steel or welding and placing in
position at all the floors with all leads and lift complete as per CPWD Specifications.
The contractor shall provide approved type of support for maintaining the bars in position
and ensuring required spacing and correct cover of concrete to reinforcement as called for in
the drawings, spacer blocks of required shape and size. Chairs and spacer bars shall be used in
order to ensure accurate positioningof reinforcement.
To ensure proper cover, factory made round type cover blocks will be used to avoid
displacement of bars in any direction.
The steel reinforcement shall be brought at site as per direction of the Engineer-in-charge.
The steel reinforcement shall be stored by the contractor at site of work in sucha way as to
Standard Bid Document, THCB – 2021 Page - 151
prevent distortion and corrosion and nothing extra shall be paid on this account. Bars of
different grades, sizes and lengths shall be stored separately to facilitate easy counting and
checking.
The reinforcing steel brought to site of work shall be stored on brick timber platform of 30
to 40 cm height, nothing extra shall be paid on this account.
Steel brought to site and remaining unused shall not be removed from site without the
written permission of Engineer-in-Charge.
The contractor shall have to obtain vouchers and furnish test certificates to the Engineer-in-
charge in respect of all supplies of steel brought by him to the siteof work.
Samples shall also be taken and got tested by the Engineer-in-charge as per the provisions
in this regard in the relevant BIS codes. In case the test results indicate that the steel arranged
by the contractor does not conform to the specifications, the same shall stand rejected and it
shall be removed from the site of work by the contractor at his cost within a week of written
orders from the Engineer-in-charge to do so.
For checking nominal mass, tensile strength, bend test, re-bend test etc. specimens of
sufficient length shall be cut from each size of the bar at random at frequency not less than
that specified below:
For consignment below For consignment
Size of Bar 100 tonne above 100 tonne
Under 10 mm One sample for each 25tonne One sample for each 40
dia. bars or part thereof tonne or part thereof
10mm to 16 One sample for each 35tonne One sample for each 45
mm dia. bars or part thereof tonne or part thereof
Over 16 mmdia. One sample for each 45tonne One sample for each 50
bars or part thereof tonne or part thereof
The contractor shall supply free of charge the steel required for testing including its
transportation to testing laboratories. The cost of tests shall be borne by thecontractor.
Steel bars brought by the contractor for use in the work shall be got checked from the
Engineer-in-charge or his authorized representative of the work on receipt of the same at site
before use.
The standard sectional weights referred to as in CPWD specifications for works 2019 Vol. I
will be considered for conversion of length of various sizes of MS bars, HSD steel bars and TMT
bars into standard weight.
Records of actual sectional weight shall also be kept dia-wise & lot-wise. The average
sectional weight for each diameter shall be arrived at from samples from each lot of steel
received at site. The decision of the Engineer-in-charge shall be final for the procedure to be
followed for determining the average sectional weight of each lot. Quantity of each diameter of
steel received at site of work each day will constitute one single lot for the purpose. The weight
of steel by conversion of length of various sizes of bars based on the weighted average
sectional weight shall be termed as derived actual weight.
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If the derived weight as in para 3.15 above is lesser than the standard weight, the derived
actual weight shall be taken for payment.
If the derived actual weight is found more than the standard weight than the standard
weight as worked out in para 3.14 above shall be taken for payment. In such case nothing extra
shall be paid for the difference between the derived actual weight and the standard weight.
For plain and reinforced cement concrete (PCC and RCC) or pre-stressed concrete (PSC) works,
the reinforcement bars as the case may be, shall consist of the following grades:
Mild Steel (MS): Grade-1 (conforming to IS 432).
High Strength Deformed (HSD)/Thermo Mechanically Treated (TMT) Steel: Fe 415, Fe 415D,
Fe 415S, Fe 500, Fe 500D, Fe 500S, Fe 550, Fe 550D & Fe 600 (conforming to IS 1786).
HSD/TMT bars supplied by the contractor shall possess following properties:
Having minimum elongation of 14.5%
The actual 0.2% proof strength of steel bars based on tensile test must not exceed their
characteristic 0.2% proof strength by more than 20%
The ratio of the actual ultimate strength to the actual 0.2 percent proofstrength / yield
strength shall be at least 1.15.
Corrosion resistant steel rebars.
The contractor shall obtain manufacturer’s certificate stating the process of manufacture,
chemical composition and test sheet giving result of each mechanical test applicable to the
material purchased and submit it to the Engineer-in-charge. Each test certificate indicates the
number of the cast to which it applies, corresponding to the number or identification mark to be
foundon the material.
The Engineer-in-charge shall get each consignment tested for both chemical composition
& physical properties (including bend & re-bend test) as specified IS: 1786 (HSD) or IS: 432 (MS)
from National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited
or, Bureau of Indian Standards (BIS) certified or, any Government Laboratory.
In case the test results indicate that the steel arranged by the contractor does not conform
to BIS codes, the same shall stand rejected and shall be removed from the site of work by the
contractor at his own cost within 3(three) days of written orders from the Engineer in charge to
do so.
4. STRUCTURAL STEEL:
GENERAL:
For all steel related erection & fabrication work, the necessary steel fabricationshop drawing
has to be submitted by the contractor/ agency to the Engineer- in-Charge for approval before
starting any steel structure related fabrication &erection work.
Joints in steel section will be done as per steel shop drawing particularly on location
specified in the shop drawing.
Detailing of joints to be done as per connection detail provided in the approved shop
drawing.
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All base plates, anchor bolts and side plates shall be properly grouted (between RCC & steel
plate) with non-shrink grout as per standard practice. Generally, the grade of grout is chosen
one grade higher than that of RCC column / pedestal.
The end of the RCC column / pedestal shall be machine finished so that there shall be
perfect touch between the column section and the base plate. The machine finished surface
could be checked by trying to pass a ray of torch. If the light does not pass, the desired
machine finished has been achieved.
All steel section shall be clean, rust free and straightened, if necessary.
Open end of all hollow steel section shall be sealed with steel plate.
MATERIAL - STEEL HOLLOW SECTION:
All Steel Hollow [Square / Rectangular] Section to be used, should conform to Yst310 Grade
(or higher grade as specified in the structural/shop drawing) of IS 4923: 2017 [Hollow steel
sections for structural use - specification].
All Steel Hollow [Circular] Section to be used, should conform to Yst310 Grade (or higher
grade as specified in the structural/shop drawing) of IS 1161: 2014 [Steel tubes for structural
purposes - specification].
Marking: Manufacturer name/Logo/Trade-mark shall be embossed on each hollow section.
Each hollow section shall have size designation suitably marked on it. Alternatively, a label
containing the particulars may be attached to a bundle of hollow sections. Hollow sections may
also be marked with the Standard Mark. Also, hollow sections may be marked with the relevant
BIS Standard Mark. These marks shall be checked & verified with the approved structural/
fabrication shop drawing before the starting of erection & fabrication work.
Testing: Random sample of Steel Hollow Section [Square / Rectangular / Circular] for
testing shall be collected as per concerned codal procedure and necessary codal specified test
shall be done from National Accreditation Board for Testing and Calibration Laboratories (NABL)
accredited or, Bureau of Indian Standards (BIS) certified testing facility/laboratory. The test
report of steel hollow section shall be submitted to the concerned design office & get approved
before erection & fabrication of structure.
MATERIAL - STEEL HOT ROLLED SECTION:
All Hot Rolled Steel Section [Angles, Tees, Beams, Channels, etc] to be used, should be
minimum Grade "E250 (or higher grade as specified in the structural/ fabrication shop drawing),
Sub-quality-A" conforming to IS 2062: 2011 [Hot Rolled Medium and High Tensile Structural
Steel — Specification].
Marking: Each product shall carry a tag or be marked with the manufacturer’s name or
trade-mark. Designation of steel should also be similarly marked on the product or tag. Every
heavy, medium structural mill and plate mill productshall be marked with the cast number. The
ends of the rolled products shall be painted with a colour code, as agreed to between the
purchaser and the supplier. Also, each section may be marked with the relevant BIS Standard Mark.
These marks shall be checked & verified with the approved structural/ fabrication shop
drawing before the starting of erection & fabrication work.
Testing: Random sample of Hot Rolled Steel Section [Angles, Tees, Beams, Channels, etc] for
testing shall be collected as per concerned codal procedure and necessary codal specified test
shall be done from National Accreditation Board for Testing and Calibration Laboratories
Standard Bid Document, THCB – 2021 Page - 154
(NABL) accredited or, Bureau of Indian Standards (BIS) certified testing facility/laboratory. The
test report of Hot Rolled Steel Section shall be submitted to the concerned design office & get
approved before erection & fabrication of structure.
MATERIAL - STEEL PLATES, STRIPS, SHEETS, BARS & FLATS:
All steel plates, strips, sheets, bars & flats to be used, should conform to IS 2062: 2011 & IS
1730 :1989.
For plates, strips, sheets & flats, minimum grade of steel to be used should be "E250 (or
higher grade as specified in the structural/ fabrication shop drawing), Sub-quality-A" unless
otherwise specified in steel shop drawing.
Marking: Each product (Bars and flats) shall carry a tag bearing the manufacturer’s name or
trade-mark. Designation of steel should also be similarly marked on the product or tag. Plates
and sheets shall be supplied in bundles, and strips in coils. Each bundle a metal tag or adhesive
label/sticker bearing the cast number or identification mark or lot number traceable to the cast
number and the manufacturer’s name or trademark. Alternatively, top sheet/plate shall be
legibly marked with the cast number or identification mark or lot number traceable to the cast
number, name of the manufacturer or trade-mark. These marks shall be checked & verified with
the approved structural/ fabrication shop drawing before the starting of erection & fabrication
work.
Testing: Random sample of plates, strips, sheets, bars & flats for testing shall be collected
as per concerned codal procedure and necessary codal specified test shall be done from
National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited or,
Bureau of Indian Standards (BIS) certified testing facility/laboratory. The test report of plates,
strips, sheets & flats shall be submitted to the concerned design office & get approved before
erection & fabrication of structure.
BOLT:
All fastener bolts, nuts shall be of minimum "Property Class 4.6" (or higher property class
as mentioned in structural/ fabrication shop drawing) and shall conform to latest edition of IS
1367(part 1/ 2 / 3).
All foundation bolts, nuts shall be of minimum "Property Class 4.6" (or higher property
class as mentioned in structural/ fabrication shop drawing) and shall conform to IS 5624: 1993
[ Reaffirmed year: 2019].
All fastener hexagonal head bolts, nuts shall be of minimum "Property Class 4.6" (or higher
property class as mentioned in structural/ fabrication shop drawing) and shall conform to
latest edition of IS 1364 (part 1/ 2 / 3).
Marking: Property class is marked in each bolt head for easy identification of bolt. This
shall be checked & verified with the approved structural/ fabrication shop drawing before the
starting of erection & fabrication work.
Testing: Random sample of bolts for testing shall be collected as per concerned codal
procedure and necessary codal specified test shall be done from NationalAccreditation Board for
Testing and Calibration Laboratories (NABL) accredited or, Bureau of Indian Standards (BIS)
certified testing facility/laboratory. The test report of bolts shall be submitted to the concerned
design office & get approved before erection & fabrication of bolts.
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WELDING:
Welding is the process of joining two similar or dissimilar metals by heat or by pressure or
by both using a filler metal to achieve a defect less joint having thephysical properties similar to
that of parent metal.
All welded connection shall be done as per weld size & detail specified in steel fabrication
shop drawing.
All welding shall conform to IS 816: 1969 [ Reaffirmed year: 2013].
Electrodes to be used for mild steel welding shall conform to IS 814: 2004 [ reaffirmed year:
2021] or any other code as per steel fabrication shop drawing and the same shall be selected
according to welding procedure and quality thickness of metal to be welded.
All the required stages of inspection on welding shall be done conforming to IS 822: 1970 [
reaffirmed year: 2019] and as per direction of Engg-in-Charge.
All the welding connection Non-Destructive Testing "Die Penetrant Test" shall be done as
per IS 3658: 1999. Necessary standard correcting measure should be taken at site based on the
test report of welding and a Report on total procedure of testing & correcting measure of
welding adopted at site shall be submitted to the concerned design office during the process of
erection & fabrication of structure.
Correct size / dia. & type of electrode (Rutile covering) should be used.
Damp or damaged electrodes should not be used.
Proper current & voltage should be adjusted with respect to size of electrode and work.
The runs of welding should be in proper number and they should be deposited with
adequate arrangement in case of multi-run welds.
Steel sections to be welded should properly be prepared by cleaning, chamfering or
profiling for particular type of welding joint.
Welding is not the process of filling gap, so skilled person shall prepare the template &
cut/profiling the members / sections to be welded so that no visible gap shall prevails between
the members / sections.
A sequence of welding should be welded to minimise the effect of distortion.
Wherever required, pre or post heating should be resorted to avoid cracking ofweld metal.
Before depositing a run, the slag over a bottom run already deposited should be thoroughly
chipped and cleaned with wire brush and the weld metal is examined for any defects.
Standard Bid Document, THCB – 2021 Page - 156
2. In case any clause is found to be contradictory to the printed PWD pamphlet form No: 7/8
the clauses mentioned in the special condition will supersede the same.
4. During construction all necessary measure should be taken by the concerned agency for
resisting earth/utility services for which no claim will be entertained.
5. Penalty will be imposed as per actual valuation if any damage is caused to the utility
services during execution.
6. Final bill should be released on completion of work in all respect as per specification &
clause of agreement and after obtaining a clearance certificate from the respective authority
about removal of wastages/debris’s etc. from the working site.
7. Profile measurement will be basic methods for payment for earthwork in filling/cutting.
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VOLUME -2
(FINANCIAL BID)
Standard Bid Document, THCB – 2021 Page - 158
Name of Work: Proposed construction of 480 seated Eklavya Model Residential School (EMRS) at Pravapur, Jampuijala, Shepahijala District / SH: 240 seated girls hostel building including water supply and sanitary installation.
12 mm cement plaster of mix. Cement mortar INR Twenty Five Thousand Three Hundred
52 Item-66 145.2500 Sqm 174.8000 25,389.70
1:4 (1 cement : 4 fine sand) & Eighty Nine and Paise Seventy Only