Tendernotice 1-1

THE ADMINISTRATION OF
UNION TERRITORY OF
LADAKH
OFFICE OF THE EXECUTIVE
ENGINEER (R&B) DIVISION
ZANSKAR
NOTICE INVITING TENDERS
Nature of Work:-Bridge works:- Sector: CRF Approved cost of scheme:-Rs.46.50
Cr. Vide Approval No: RW/NH-12037/1504/2020-21/Ladakh/Zone-II(CRIF) Dated 11-03-
2022 approved by GI Minstry of Road Transport & Highways (North-1 Zone) Head of
Account:- ---- Expenditure incurred as on date: Nil Position of AAA:-Submitted
Position of funds:-Demanded
NIT No:- 10 of PW (R&B) Zanskar/2023-24 Dated:- 13 /05/2023 (E-tendering)
For and on behalf of the Lt. Governor, the Administration of Union Territory of Ladakh E-
tenders are invited on Turn Key basis in 2 Cover system from approved and eligible Contractors
registered with UT of Ladakh. /CPWD/ Railways and other State/Central Governments for each of
the following works:-
S Est. Cost Cost Earnest Time of Time Class of Sect
. Name of Work (Rs. In of Money/ completi & Date Contrac or
No Lacs) T/Doc Bid on of tor
. (Rs. Securit Openi
) y ng of
(Rs. In tender
Lacs) (Techni
cal Bid)
1 2 3 4 5 6 7 8 9
01 Construction of Rs87,34,00 36 09/06/20 Super
Link Road Rs4367.00L Rs2000 0/= Months 23 at AAY/AA
Skardongdo acs 0/= 11.00A Y Class CRI
Phuktal to M F
Shaday From
RD (0 -
24250)mtr.inclu
ding 1x55 mtr
span Steel
girder bridge
on Phuktal
Nallah , 30 mtr
Span Steel
1
SBD PWD UT OF LADAKH 2022

girder bridge at
Thangthalk
Shaday
Zanskar ,15
mtr span steel
girder bridge at
Yata Zanskar ,
3 no. RCC
small bridge 11
mtr Span ,2 no.
RCC Culvert 5
mtr span and 3
no. RCC
Culvert 03 mtr
Span by way of
Design /
supply/ on
Launching of
super structure
/ Sub Structure
with RCC deck
slab including
both side
Abutments &
dewatering,
Signage‟s/ Km
Stones etc/
Allied works
,Dirt wall
Elastomeric
bearing of
single lane ,
including
testing ,
commissioning
complete job
on EPC mode
(Turn Key
Basis)
1.The Bidding document Consisting of qualifying information, eligibility criteria, specifications,

Drawings, bill of quantities (B.O.Q), Set of terms and conditions of contract and other details can
be seen/downloaded from the departmental website www.ladakh.eprocurement.gov.in as per
below schedule:
2

1 Date of Issue of Tender Notice 15/05/2023
2. Period of downloading of bidding documents 15/05/2023,11.00 A.M to 08/06/2023, 4.00 P.M
3 Bid submission Start Date 15/05/2023 ,10.00 A.M
4 Bid Submission End Date 08/06/2023 up to 4.00 P.M
.
In form of e-challan or treasury
Cost of bidding document
5 challan/receipt to be uploaded on
departmental website along with the bid
In form of CDR/FDR/BG to be uploaded

Bid Security
on departmental website along with the
bid.
09/06/2023 at 11A.M in the Office of the
Date & time for opening of Technical Bids. (The Chief Engineer PWD R&B Leh Ladakh
6 time period should be not more than one week
after the closure of bid submission date)
To be notified after technical bid evaluation is
7 Date & time of opening of Financial Bids (Online)
completed
Note:*
A. Cost of Bidding Documents has been fixed to Rs. 20000.00 as per the Chief Engineer PW(R&B)
Department UT Ladakh circular instruction No: F.NO”CE/Pw(R&B)/347-49 Dated:09-05-2023
B. After the evaluation process is completed by the Committee, constituted for the purpose, the
technically responsive bidders shall be asked to produce the hard copies of documents like, Bid
Security, e-challan, Affidavit on correction of information. In case any of the bidders fails to produce
such documents within specified time line his bid shall not be considered further. In case of tenders
where technical evaluation is not required, all the bidders must deposit in original the documents
pertaining to cost of tender document & earnest money within one week after the opening of financial
bid of such tenders. However, in case of urgency for execution of work the concerned authority may
curtail the period for the depositing of these documents.
C. In case any bidder(s) after having participated in tendering process for any work, does/do not
comply with the requirements stipulated in (B) above, he/she/they/firm / joint venture shall be liable for
punishment such as suspension of registration (period of suspension to be specified by the concerned
Chief Engineer)/Black listing. A bidder shall be liable for black listing by the Chief Engineer concerned
in case he/she/they/firm/joint venture does/do not comply with the directions repeatedly three times.
1. Bids uploaded on departmental website must be accompanied with cost of Tender document
in shape of scanned copy of e-challan or online Challan/receipt in favour of Executive Engineer
R&B/ZDA Division Zanskar through A/C No 0151010200000311 of IFC Code:-
JAKA0PADDAM (Tender inviting authority ) Earnest money /Bid security in shape of
CDR/FDR/ pledged to Chief Engineer PW(R&B) Department Ladakh .
2. Bidders can resubmit/withdraw the bids as specified.
3. The date and time of opening of Financial-Bids shall be notified on Web Site
www.ladakh.eprocurement.gov.in and conveyed to the bidders automatically through an e-mail
message on their e-mail address. The Financial-bids of Responsive bidders shall be opened
online in the Office of Chief Engineer_PWD (R&B) ,Ladakh _The date for same shall be
3

intimated separately.
4. The bids for the work shall remain valid for a period of 120 days from the date of opening of
Technical bids.
5. The earnest money shall be forfeited, If:-
a) Any bidder/ tenderer withdraws his bid/ tender during the period of bid validity or makes any
modifications in the terms and conditions of the bid.
b) Failure of Successful bidder to furnish the required performance security within specified time
period issue of letter on intent.
c) In case contractor fails to execute the agreement within 28 days after fixation of contract.
6. Instruction to bidders regarding e-tendering process.
7.1 Bidders are advised to download bid submission manual from the “Downloads” option as well
as from “Bidders Manual Kit” on website www.ladakh.eprocurement.gov.in to acquaint bid
submission process.
7.2. To participate in bidding process, bidders have to get „Digital Signature Certificate (DSC)‟ as per
Information Technology Act-2000. Bidders can get digital certificate from any approved vendors.
7.3. The bidders have to submit their bids online in electronic format with digital Signature. No financial
bid will be accepted in physical form.
7.4. Bids will be opened online as per time schedule mentioned in Para-2.
7.5. Bidders must ensure to upload scanned copy of all necessary documents mentioned in NIT
and SBD with technical bid. After the evaluation process is concluded by the evaluation committee ,
original documents(hard copies) related to Technical bid like e-challan,treasury challan/receipt
,Bid security Affidavit on correctness of information submitted with the bid etc. shall be submitted by
the technically responsive bidders within the specific time line (as notified on website). . In case
any bidder(s) after having participated in tendering process for any work, does/do not comply with the
requirements stipulated in (B) above, he/she/they/firm / joint venture shall be liable for punishment
such as suspension of registration (period of suspension to be specified by the concerned Chief
Engineer)/Black listing. A bidder shall be liable for black listing by the Chief Engineer concerned in
case he/she/they/firm/joint venture does/do not comply with the directions repeatedly three times.
Note: - Scan all the documents on 100 dpi with black and white option.
8. The department will not be responsible for delay in online submission due to any reasons.
9. Scanned copy of cost of tender document in shape of e-challan or Treasury Challan/receipt in
favour of Executive Engineer R&B/ TDA Zanskar and Earnest Money/Bid Security in shape
of CDR/FDR,as applicable, pledged to Chief Engineer PW(R&B) Ladakh must be
uploaded with the technical documents of the bid. The original e-challan/treasury
challan/treasury receipt (cost of tender document), CDR/FDR (earnest money/bid
security) and relevant technical bid documents etc as required and asked for by the
department shall be submitted within the given time line .
10. Bidders may contact office of the Chief Engineer PWD (R&B) Ladakh/Executive Engineer
PW(R&B) Zanskar (Division) for any guidance for getting DSC or any other relevant details in
respect of e-tendering process.
11. Bidders are advised not to make any change in BOQ (Bill of Quantities) contents. In no case
they should attempt to create similar BOQ manually. The BOQ downloaded should be used for
filling the item rate or Percentage (depending upon template adopted) inclusive of all taxes and
it should be saved with the same name as it contains.
12. The unit rates and prices shall be quoted by the bidder entirely in Indian Rupees and the
rates quoted shall be deemed to include price escalation and all taxes up to completion of the
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work unless otherwise, specified.
13. Bidders are advised to use “My Documents” area in their user on R&B e-Tendering portal to
store such documents as are required.
14. Defect Liability Period:
a) For Road and bridge works :- 3 Years after actual date of physical completion
15. All key construction material (i.e, cement, steel, bitumen, pipes etc) shall have to be arranged by
the contractor strictly as per specifications with the approval of Engineer-in-charge.
16. Qualification criteria for the work and other terms and conditions are
contained in the bidding document available on website. Bidders are
advised to go through the entire bidding document available on website.
Sd/=
No: - PWD/Z/Tender/2023-24/258-72 Executive Engineer
Dated 13/05/2023 R&B/TDA Zanskar
Copy to the: -
1. Commissioner secretary PWD(R&B) UT Ladakh for information.
2. Deputy Commissioner/ Chief Executive Officer Kargil.
3. Chief Engineer PW(R&B) UT Ladakh for information
4. Chief Engineer PW(Hyd) UT Ladakhfor information.
5. Superintending Engineer PW(R&B) circle Kargil for information .
6. Superintending Engineer PW(Hyd) circle Kargil for information
7. Chief Project Engineer (PDC) Kargil.
8. -11) Executive Engineer PWD R&B 2nd /1st/PHE/SVD Sankoo/Mech Kargil.
Assistant Executive Engineer Sub Division Zanskar
12. PVt.Secretary to Hon‟ble Chairman /CEO LAHDCKargil for information of the Hon‟ble CEC.
13. PA. to Hon‟ble Executive councilor(R&B) LAHDC Kargil for information of the Hon‟ble EC Works.
14. President Contractor Welfare Association Kargil.
15. Notice Board Divisional Office

BIDDING DOCUMENT
Tender Notice No.: NIT No. e-Tendering Dated:

/2023 Endorsement No: :
/-2023
SL. No. of Work:
Name of Work :
Value of work :Rs. Lacs
Bid Security:Rs. Lacs
Time for completion:
Days
Cost of tender document: Rs.
Position of funds : Allocated under……….

Approved Under :
Name of contractor :
Prop
S/o
R/o
Registration No.
Executive Engineer, PW(R&B)Dept.

Division

SECTION – 2
INSTRUCTIONS TO BIDDERS (ITB)

SECTION 2 INSTRUCTIONS TO BIDDERS (ITB)
Table of Clauses
General General
A 20 Deadline for Submission of Bids

1 Scope of Bid 21 Modification / Withdrawal / late bids.
2 Source of
3 Founds E Bid Opening and Evaluation
4 Eligible
5 22 Bid opening
6 Bidders 23 Process to be confidential
7 Qualification of 24 Clarification of bids
Bidder One Bid per 25 Examination of Bids and Determination of
B Bidder Cost of Responsiveness.
bidding
8 Site visit 26 Evaluation and Comparison of Financial
Bids.
Bidding Documents
9 F Award of Contract
10 Content of Bidding
Documents Clarification 27 Employer‟s Right to Accept any Bid and to
Reject
any or all Bids.
of Bidding documents
C
Pre-bid meeting 28 Notification of Award and Signing of
11 Amendment of Agreement.
12 Bidding documents 29 Performance security.
13 30 Advance Payment.
14 Preparation of Bids 31 Dispute review Expert.
15 32 Corrupt or Fraudulent practices.
16 Language of Bid
17 Documents Comprising
the Bid Bid Prices G Appendix to ITB
Currencies of Bid and
D payment Bid Validity
18 Bid Security
Alternative
19 Proposals by
Bidders.
Submission of Bids
Bidding through e-
tendering system
Electronic submission of
bids
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SECTION-2
INSTRUCTION TO BIDDERS
A.GENERAL
1. Scope of Bid
1.1 The Employer (named in Appendix to ITB) invites bids for the construction of works (as
defined in these documents and referred to as “the works”) detailed in the table given in the
ITB. The bidders may submit bids for any or all of the works detailed in the table given in the
ITB.
1.2 The successful bidder will be expected to complete the Works by intended completion date
specified in the Contract data.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(bidder/tender, bid/tender, bidding/tendering etc.) are synonymous.
2. Source of Funds
2.1 The expenditure on the budget will be met from the budget of The Administration of Union
Territory of Ladakh /Govt. of India under particular Sanctioned scheme.(CRIF)
3. Eligible Bidders
3.1 This Invitation for Bids is open to all Bidders (Individual/Joint Venture).
3.2 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information, statement
that the Bidder is neither associated nor has been associated directly or indirectly, with the
consultant or any other entity that has prepared the design, specifications and other
documents for the project or being proposed as Project Manager for the Contract. A firm that
has been engaged by the Employer to provide consulting services for the preparation or
supervision of the work, and any of its affiliates shall not be eligible to bid.
3.3 Bids from Joint Venture are allowed as per sub clause 3.1of section- 1, ITB and Clause 2.11
and 2.12 of section - 2 Qualification information.
4. Qualification of the Bidder (Technical Bid Qualification).
4.1 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information,
preliminary description of the proposed work method and schedule, including drawings and
charts, as necessary. The proposed methodology should include programme of construction
backed with equipment planning and deployment duly supported with broad calculation and
quality assurance procedures along with Quality Assurance Plan(QAP), proposed to be
adopted justifying their capability of execution and completion of work as per technical
specifications, within stipulated period of completion.
4.2 In the event that prequalification of quotation bidders has been undertaken, only bids for
prequalified bidders will be considered for award of contract,. The qualification bidders should
submit with their bids any information updating their original prequalification application‟s
application or alternatively confirm in their bids that the originally submitted prequalification
remains essentially correct as of date of bid submission. The update of confirmation should be
provided in section 2 a copy of the original prequalification application and letter of
prequalification should also be furnished. With the updated information, the bidder must
continue to be qualified in accordance with the criteria laid down in the prequalification
document. All bidders shall also furnish the following the information in Section-2. ( To be
considered only where it is applicable)
4.3 All the bidders shall include the following information and documents with their bids in
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Section -3 Qualification Information unless otherwise stated in Appendix to ITB.
a) Copies of original documents defining the constitution or legal status, Place of registration and
principal place of business; written power of attorney in favour of the signatory to the Bid to
commit the Bidder& scanned copy of instrument permissible on ac of Bid Security and cost of
Bidding Document as specified in NIT.
b) Financial turn over year wise achieved on execution of civil engineering works for the last five
years i.e 2018-19to 2022-23 duly certified by the Chartered Accountant.
c) Completion Certificate of having executed and completed or substantially completed successfully
work (s) of similar nature as defined under clause 4.6 (A-II) of qualification criteria in/of any Govt.
or Semi- Govt Department / Autonomous bodies / Municipal Bodies / Public Sector Undertakings
listed on BSE/NSE during the last Five years duly issued by an officer not below the rank of
Executive Engineer or equivalent.
(d) The bidder shall also furnish details of other civil works of similar nature executed in/of any Govt.
or Semi- Govt Department / Autonomous bodies / Municipal Bodies / Public Sector Undertakings
listed on BSE/NSE during the last Five during and details of works underway or contractually
committed and clients who may be contacted for further information on those contracts;
(e) Copy of PAN card issued by the Income TAX Authority. The PAN Uploaded should be same as
registered
/reflected in TDS/Balance sheet.
f) Reports on financial standing of the bidder such as profit and loss statement, balance sheet &
auditor‟s report for at least five years supported by TDS & ITR. The contractor / bidder should
have positive net worth. This shall be judged from the audited balance sheet of the latest financial
year ending on date not prior to base year as stated in SBD from the date of submission of the
Tender / Bid.
(g) Major items of construction equipment proposed & Required to carry out the Contract Works.
(h) Qualifications and experience of key site management and technical personnel proposed for
contract.
(i) Evidence of access to line(s) of credit and availability of other financial resources /facilities
equivalent to minimum of 10 % of the proposed bid/estimated cost, certified by the Bankers (Not
more than months old).
(j) Undertaking that the bidder will be able to invest minimum cash up to 25% of contract value of
work, during implementation/ execution of work.
(k) Authority to seek references from the Bidder‟s bankers.
(l) Information regarding any litigation, current or during the last five years, in which the Bidder is
involved, the parties concerned, and disputed amount.
m) Affidavit on Correctness of information submitted with the Bid.
n) Power of attorney ( In case of Partnership/JV) in favour of Authorized person on behalf of bidder as
case may be.
o) Bidder shall furnish proof of latest returns in GST-3/GSTR-3B.
p) The proposed methodology and programme of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones. The bidder shall prepare
the QAP (Quality Assurance Plan) as per the manual /guidelines available on the departmental
website. (refer Clause 4.1 & 4.2 of ITB).[Will apply to works valuing more than Rs.10.00 Crores).
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4.4 Bids from joint venture are accepted for the works valuing Rs.15.00 Crore and above.(to be read
with clause 2.11& 2.12 of section -2 Qualification Information.)
4.5 Base year and Enhancement factors.:-

The base year shall be taken as 2018-19 (particular year to be mentioned)
Following enhancement factors will be used only for determination of available bid capacity for
the cost of works executed and the financial figures arrived thereof to a common base value for
works completed in India.
Year before Multiplying
one factor
1.08
two 1.17
three 1.26
four 1.36
five 1.47
Applicant should indicate actual figures/amount for the works executed by them without
accounting for the above mentioned factors. In case the financial figures and value of
completed works are in foreign currency, the above enhanced multiplying factors will not be
applied. Instead, current market exchange rate (State Bank of India BC selling rate as on the
last date of submission of the bid) will be applied for the purpose of conversion of amount from
foreign currency into Indian rupees.
(4.6)A: The applicant/Bidder should have in the last five years:-
(I) Achieved an average financial turnover on execution of Civil Engineering works

in any Govt. /semi Govt Organizations/Autonomous Bodies/Municipal Bodies/
Public sector Undertaking listed on BSE/NSE, ( defined as billing for works in
progress or completed in all classes of Civil Engineering construction works
only) during any three out of the last five financial years(2018-19 to
2022-23) as per the value given under table “Ä” of the proposed contract
/contracts applied. The information supplied in this connection should be duly
certified by a Chartered Accountant and be duly supported by TDS and Income
Tax Returns. The turnover shall be indexed at the rate of 8% per year to bring at
current price level.
“A”
S.No Category Turnover
t
c. o work(s)
Road & Bridge 35% of Advertised
Cost
(II) Having successfully completed or having substantially completed during last five
years similar nature of contract(s)/work(s) of the value as reflected below at “B” in
any Govt. /semi Govt. Organizations/ /Autonomous Bodies/Municipal Bodies/
Public sector Undertaking listed on BSE/NSE, as a Prime Contractor or as a
11

Member of Joint venture or as a Subcontractor. As a subcontractor, he should
have gained the experience of execution of all major components/items of works
under the proposed contract. In case a project has been executed by a joint
venture, Weightage towards experience of the project would be given to each
joint venture partner in proportion to their participation in the joint venture as per
JV agreement.
Any State/Centrally Sponsored Project having been successfully completed in time
during the last five years (Delay if any should not be attributable to the Bidder) shall be
given enhancement factor @ (Five percent ) 5% per year from the date of completion of
work during last five years. The certificate to this effect shall be produced by the bidder
along with the bid duly signed by Executive Engineer or equivalent and countersigned by
the concerned (Circle) Superintending Engineer or equivalent officer. The certificate
among other details shall also indicate the date of Start, Stipulated date of Completion,
Actual Date of Start and Completion of work, Allotment and Agreement Number, Scope
of Work allotted & executed with value and reasons for delay, if any. The certificate so
issued should be specific to one single contract only and not inclusive of any other work
contract.
 Substantially completed works would mean those works of a particular Contract which have
been completed in full as on the date of submission of bid (gross value of work done up to the
last date of submission of bid is 100% of the original contract price). Certificate to this effect
duly issued by the competent authority to be furnished with the bid.
“B”
S.No Category of Qualification
c. work
Road & Bridge i. Should have either executed under separate contracts both Road
& Bridge work upto the aggregate value of 33% of the total
advertised cost for works
valuing upto 40.00 Cr and 40% for the works with advertised cost
beyond 40.00 Cr.( Note: The tender inviting authority may specify
the individual request of Road & Bridge defined up the magnitude
of each component, having aggregate
%age should be restricted as defined above.
OR
ii. Should have executed both road and bridge work under one
single contract at least 33% of the advertised cost of work.
The work may have been executed by the Applicant as prime contractor or sub-contractor or
as a member of joint venture. In case a project has been executed by a joint venture,
weightage towards experience of the project would be given to each joint venture partner in
proportion to their participation in the joint venture. The bidder whose qualification in respect
of similar nature of work as well as financial turnover is as sub-contractor should also furnish
12

Form 26AC along with his bid supported with TDS and ITR.
The experience of similar nature of work/contract claimed should be supported with the
certificate of experience/Performance issued by competent authority of the organisation&
shall be judged from the ITCC or Annual reports including profit & loss, further the experience
of similar nature of works attained from the works of Govt. /semi Govt Organizations/Public
sector Undertaking /Autonomous Bodies/Municipal Bodies/Public Sector Undertaking (PSU‟s)
listed on BSE/NSE must be supported by tax deducted at source (TDS) certificate against the
same work in evidence of the Experience & value of (similar) works claimed as experience (
this shall be judged by form 26 AS to be attached along with the bid) along with the certificate
of experience.
Note: The qualification as a sub-contractor shall be considered only when the sub-contractor
has been nominated/ approved by the client department where the agency/firm has executed
the work in the capacity of sub-contractor. The documentary proof to this effect duly
authenticated by an officer not below the rank of Executive Engineer or equivalent shall have
to be submitted along with the bid.
Substantially completed works means those works which have been completed in full as on
the date of submission of bid (i.e. gross value of work done up to the last date of submission
is 100% of the original contract price).
4.6(B) Each bidder should further demonstrate:
(a) Availability (either owned or leased or by procurement clearly mentioned against each
equipment with documentary proof) of the key and critical equipment for this work as per
Annexure –I below supported by an undertaking to make available and mobilize the required
machinery as per Annexure -I to execute the works in time bound manner.(Valid for bids
invited for works valued at more than Rs.5.00 Cr).
Based on the studies, carried out by the Engineer, the minimum suggested major equipment
to attain the completion of works in accordance with the prescribed construction schedule are
shown in the Annexure-I below: Annexure -I
LIST OF minimum PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

(Depending upon
Nature of Work & specifications thereof)
A. For Road Work:
S. Type of Equipment 5 Crores 15 crores Rs.30.00

No above Up to above Up to Crore above
15 crores Rs.30.00
1 Tipper Trucks 3 Crore. 5 8
2 Motor Grader 1 1 2
3 Dozer 1 1 2
4 Front end Loader 1 1 2
13

5 Smooth Wheeled Roller 1 2 3
6 Vibratory Roller 1 1 3
7 Hot Mix Plant with Electronic Controls 1 1 1
(Minimum 40-
60 TPH Capacity)
8 Paver Finisher with Electronic Sensor 1 1 1
9 Water Tanker 1 1 3
10 Bitumen Sprayer 1 1 1
11 Cold Milling Machine 1 1 1
12 Tandem Roller/PTR(Pneumatic Tendem 1 1 2
Roller)
13 Bitumen sprayer/Emulsion Sprayer 1 1 1
C For Bridges:

15 crores Rs.30.00
1 Excavator/Pocklain Excavators with Chain 1 each 2 each
Crore. 2 each
2 Tipper/Trucks 2 4 7
3 Transit Mixers 2 3 4
4 Vibrators 2 4 6
5 Hoist 1 1 2
6 Batch Mix Plants 20m3 per Hour or more 1 1 1 (2 depending
Capacity as per quantum of Concrete on volume in
involved case of
work
valuing
Rs.100 Cr)
7 Transit Millers 2 3 6
8 Concrete Pump 1 2 2
9 Scaffolding and Ledger Pipes 2000sqm 5000Sqm 5000sqm or
more depending
on quantum of
work requiring
scaffolding and
ledger pipes.
10 Hydraulic Cranes/Hydra 15 Ton and above 1 2 2
as per nature of work
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11 Welding Sets of different capacities as per 2 4 7
nature of work
12 DG Sets of different Capacities ( 1 2 4

5KVA,10KVA,15KVA and above) Depending
upon Nature of work requiring different
Loads during multiple Construction works
13 Winch and /or Sinking Cranes 1Winch/1 2Winch/2 2
Sinking Sinking Winches/Crane
Cranes Cranes s depending
upon number of
wells.
14 Hydraulic Excavators od different Capacities 1 or 2 1 or 2 1 or 2
Depending Depending Depending
upon upon upon Quantum
Quantum of Quantum of of Excavation
Excavation Excavation Involved
Involved Involved 2
15 Trailers 1 1 1
16 Flat Bed Trailers 1 1 1
17 Dewatering Pumps of different Capacity The capacity and number shall depend upon the
Depending upon quantum of Work Capacity and ability of its working as specified in
Data Analysis Book and Quantities thereof
18 Miscellaneous Equipment‟s As per work
19 Stressing Equipment‟s, Jacks, pumps etc For works involving Pre/Post

including Grouting Equipment‟s complete Tensioning/Stressing.
20 Shuttering Material MS Plates etc Min10000Sqm and above in proportion of

quantum of work & as per Standard
Data Analysis .
Note:
 Quality Control Laboratory equipped with all required equipment‟s (Based on Nature of
Work) is compulsory for all types of Works/Contracts to be executed.
 For works (Composite In nature i.e Having its components like Bridge, Road, Building) the
requirement of machine/Equipment shall be derived from above listed
15

machinery/Equipment‟s based on the quantum of each component of work.
The Bidders should, however, undertake their own studies and furnish with their bid, a detailed
construction planning and methodology supported with layout and necessary drawings and
calculations (detailed) as stated in clause 12 of ITB to allow the employer to review their proposal.
The numbers, types and capacities of each plant/equipment shall be shown in the proposals along
with the cycle time for each operation for the given production capacity to match the requirements.
(b) Availability for this work of personnel with adequate experience as required as per Annexure-II.
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LIST OF KEY PERSONNEL TO BE DEPLOYED ON CONTRACT WORK (To be work
specific Viz each Road/Building/composite works accordingly) applicable
to all types of Works.
S.NO PERSONAL QUALIFICATION Up to 15 crores Rs.30.00
15 above Up Crore above
crores to Rs.30.00
Crore.
1 Project Engineer B.E Civil +10Years 1 2 3
Exp Or Diploma in Civil
with 15
2 Site Engineer years
B.E Civilexperience
+3Years - 1 1
Exp Or
Diploma with 7
years
3 Plant Engineer experience
B.E Mech. + 3 Years - 1 1
Exp. Or
Dip. Mech.+ 7 Years
4 Quantity Surveyor Exp.
B.E Civil. + 7 Years - 1 1
Exp. Or
Dip. Civil.+ 10Years
Exp.
(c) Liquid assets and/ or availability of credit facilities of no less than amount indicated in Appendix to
ITB (credit lines / letter of credit certificates from banks for meeting the funds requirement etc.
usually the equivalent of the estimated cash flow for three months in peak construction period)
4.6(C)To qualify for a package of contracts made up of this and other contracts for which
bids are invited in the ITB, the bidders must demonstrate having experience and
resources sufficient to meet the aggregate of the qualifying criteria for the individual
contracts.
4.7 Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total estimated cost of the works. The available bid capacity will be
calculated as under: Assessed
Available Bid capacity = (AxNxM-B)
A = Maximum value of civil engineering works executed in any one year during the last five
years ( updated to the current price level @8 percent a year) taking into account the
completed as well as works in the progress
N = Number of years prescribed for completion of the works for which bids
are invited = M =M factor shall have a value of 2.5
B= Value (updated to the current price level of the year indicated in appendix to ITB) of existing
commencements and on-going works to be completed during the next 03 years (period of
17

completion of the works for which bids are invited)
Note: The statements showing the value of existing commitments and on-going works
as well as the stipulated period of completion remaining for each of the works listed
should be countersigned by the Engineer in charge, not below the rank of an Executive
Engineer or equivalent. The certificate should be furnished as per format shown in
qualification information (Section-2).
4.8 Even though the Applicants meet the above qualifying criteria, they are subject to be disqualified
if they have:
i. Made misleading or false representations in the forms, statements and attachments submitted;
and / or
ii. Record of poor performance such as abandoning the works not properly completed the
contract inordinate delays in completion, litigation history or financial failure etc and /or
iii. Participated in the previously bidding for the same works and had quoted unreasonably high
bid prices and could not furnish rational justification to employer
5. One Bid per Bidder
5.1 Each Bidder shall submit only one bid for one work. A Bidder who submits more than
one bid for one work will cause the proposals with the Bidder‟s participation to be
disqualified.
6. Cost of Bidding Document
6.1 The Bidder shall bear all costs associated with the preparation and submission of his bid and
the Employer will in no case be responsible or liable for those costs.
7. Site Visit
7.1 The Bidder, at the Bidder‟s own responsibility and risk is encouraged to visit and
examine the Site of Works and its surroundings and obtain all information that may be
necessary for preparing the Bid and entering into a contract for construction of the
Works. The costs of visiting the Site shall be at the Bidder‟s own expense.
18

B. BIDDING DOCUMENTS
8. Content of Bidding Documents

8.1 The set of Bidding documents comprises the documents listed below and Addenda issued in
accordance with
Clause 10 of ITB.
1. Notice Inviting Tender

2. Instructions to Bidders
3. Qualification Information
4. Conditions of Contract (Part-I General Conditions of Contract, and Contract data; part II
Special Conditions of Contract).
5. Specifications
6. Drawings
7. Bill of Quantities
8. Form of Bid
9. Form of Acceptance, Form of Agreement, and Issue of Notice to Proceed with the work
10. Forms of Securities and Form of Unconditional Bank Guarantee.
8.2 The bid document is available online on the website www.ladakh.eprocurement.gov.in
The bid document can be downloaded free of cost, however, the bidder is Required to
submit Demand Draft towards cost of bid document in favour of the name given in the Bid
Data Sheet.
8.3 The bidder is expected to examine carefully all Instruction, Conditions of Contract, Contract
Data, Forms, Terms, Technical Specifications, Bill of Quantities, Annexes and Drawings in the
Bid Document. Failure to comply with
the requirements of bid submission will be at the bidder‟s own risk. Pursuant to clause 26
here of bids which are not substantially responsive to the requirements of the bidding
documents shall be rejected.
9. Clarification of Bidding Documents

9.1 The electronic bidding system provides for online clarification. A prospective bidder requiring
any clarification of the bidding document may notify online the authority inviting the bid .The
authority inviting the bid will respond
to any request(s) for clarification received earlier than 10 days prior to the dead line for
submission of bids. Description of clarification sought and the response of the authority inviting
the bid will be uploaded for information of the public or other bidders without identifying the
source of request for clarification.
9.2 Pre-bid Meeting
9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting, which will
take place at the address, venue, time and date as indicated in NIT.
9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.
19

9.2.3 The bidder is requested to submit any questions in writing or by cable to reach the
employer not later than two days before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without Identifying the
source of enquiry) and the responses given will be transmitted without delay to all bidders.
Any modification of the bidding documents listed in Sub-Clause 8.1 which may become
necessary as a result of the pre-bid meeting shall be uploaded and bidder shall be
automatically informed through messaging/mail through jktenders.gov.in.
9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
Documents by issuing online corrigendum. The corrigendum will appear on the web page of
the website: www. Jktenders.gov.in under the “Latest Corrigendum” and e-mail notification is
also automatically sent to those bidders who have moved this tender to their “My tenders”
area.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be
deemed to have been communicated to all the bidders who have moved this tender to their
“My Tenders” area. In case any addendum/ Corrigendum, the system will automatically send
e-mail to all bidders who have downloaded the bidding document.
10.3 To give prospective bidders reasonable time in which to take an addendum into account in
preparing their bids, the Employer shall extend, as necessary, the deadline for submission of
bids, in accordance with Clause 20.2 of ITB.
20

C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All documents relating to the bid shall be in English language.
12. Document Comprising the Bid
12.1 The bid to be submitted/ uploaded by the intended bidder in electronic form on format
prescribed in Section 3- Qualification Information shall be in two separate parts.
Part I shall be named “Technical Bid” and shall comprise scanned copy of.
i) Bid Security/EMD and Bid document fee in the form as specified in Section 8
ii) Qualification Information and supporting documents as specified in Section 2.
iii) Certificates, undertaking, affidavits as specified in section 2.
iv) Any other information pursuant to clause 4.0 of these instructions.
v) Undertaking that, the bid shall remain valid for the period of 120 days after the
deadline of date of opening of technical bids mentioned in the NIT.
vi) Acceptance/non- acceptance of dispute review expert
Part-II of the bid shall be named as “Financial Bid” and shall comprise
(i) Form of Bid as specified in Section 6.
(ii) Priced Bill of Quantities for items specified in Section 7.
12.2(a) the documents and details mentioned in clause 12.1 Part I, financial Turnover for the last five
financial years supported with all other documents as required as per NIT and SBD must be
uploaded by the bidder with his technical bid online on website:-www.jktenders.gov.in.
Bidders must ensure to upload scanned copy of all necessary documents mentioned in NIT
and SBD with technical bid. Besides, documents related to Technical bid be submitted
physically as specified in the NIT and BIDDING DOCUMENT.
12.3 Following documents, which are not submitted with the Bid, will be deemed to be part of
the Bid separately sealed and marked
Section Particulars
1 Notice Inviting Tender
2 Instruction to Bidders(ITB)
3-4 Conditions of Contract
5 Contract Data
6 Specifications to be supplied along SBD by Tender inviting Authority.
9 Drawings to be supplied along SBD (Tender Drawings) by Tender Inviting Authority.
13. Bid Prices:

13.1 The Contract shall be for the whole Works, as described in Clause 1.1 of ITB, based on the
priced Bill of Quantities submitted by the Bidder online.
13.2 The Bidder shall make online entries to fill the Item Rates in Bill of Quantities.
Item Rate Method requires the bidder to quote rates and prices for all items of the
21

Works described in the Bill of Quantities. The items for which no rate or price is
entered by the Bidder will not be paid for by the Employer when executed and shall be
deemed covered by the other rates and prices in the Bill of Quantities. Upon numerical
entry, the amount in words would automatically appear and upon entry of rates in items of
work, total bid price would automatically be calculated by the system and would be displayed.
Percentage Rate method requires the bidder to quote a percentage above/below /at par
of the schedule of rates applicable/as mentioned in the advertised BOQ.
13.3 All duties, taxes and other levies payable by the Contractor under the contractor, or for any
other cause including GST, shall be included in the rates, price and the total bid price
submitted by the Bidder.
13.4 The rates & prices quoted by the bidder shall be fixed for the duration of the contract and shall
not be subject to adjustment on any account.
14. Currencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.
15. Bid Validity
15.1 Bids shall remain valid for a period not less than 120 days (One hundred twenty days) after
the deadline date for opening of Technical bids as specified in NIT. A bid valid for a shorter
period shall be rejected out rightly by the Employer and bidder declared as non-responsive. In
case of discrepancy in bid validity period between that given in the undertaking pursuant to
Clause 12.1 (v) and the Form of Bid submitted by the Bidder, the latter shall be deemed to
stand corrected in accordance with the former and the Bidder has to provide for any additional
security that is required.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period. The
request and the bidders‟ responses shall be made in writing or by cable. A bidder may refuse
the request without forfeiting his Bid security. A bidder agreeing to the request will not be
required or permitted to modify his bid except as provided in 15.3 hereinafter, but will be
required to extend the validity of his Bid security for a period of the extension, and in
compliance with Clause 16 in all respects.
15.3 Bid evaluation will be based on the bid prices without taking into consideration the above
correction.
16. Bid Security/ Earnest Money Deposit (EMD)
16.1 The bidder shall furnish as part of his Bid, a Bid Security in the amount as shown in Column 5
of the table of (NIT) for this particular work. This bid security/EMD shall be in favour of
employer as named in Appendix and may be in one of the following forms:
a. Deposit-at-call Receipt from any scheduled Indian Bank or a foreign Bank
located in India and approved by the Reserve Bank of India.
22

b. Bank Guarantee from any scheduled Indian bank, in the format given.
c. Fixed Deposit Receipt, issued by any Scheduled Indian Bank or a foreign Bank
approved by the Reserve Bank of India.
Note: Any online bid not accompanied by scanned copy of Valid EMD in required form and
e-challan or Treasury receipt towards cost of tender Document shall be out rightly
rejected and bid declared
as non responsive.
16.2 Bank Guarantee (and other instruments having fixed validity) issued, as surety for the bid shall
be valid for 45 days beyond the validity of the bid. i.e. 120 plus 45 days = 165 days.
16.3 Any bid not accompanied by an acceptable Bid Security with specified validity and not secured
as indicated in Sub-Clauses16.1 and 16.2 above shall be out rightly rejected by the Employer
and declared as non-responsive bid.
16.4 The Bid Security of the unsuccessful bidder will be returned within 28 days of the end of the
bid validity period specified in sub-clause 15.1.
16.5 The Bid Security of the Successful bidder will be discharged/ released when the bidder has
signed the Agreement and furnished the required Performance Security.
16.6 The Bid Security may be forfeited
a) If the Bidder withdraws the bid after bid opening during the period of bid validity;
b) In the case of a successful Bidder, if the Bidder fails within the specified time limit to
i) Sign the Agreement and/or
ii) Furnish the required Performance Security
17. Alternative Proposal by Bidders
17.1 Bidders shall submit offers that fully comply with the requirements of the bidding documents,
including the condition of contract (including mobilization advance or time for completion),
basic technical design as indicated in the Drawings and Specifications. Conditional offer or
alternative offers will not be considered further in the process of tender evaluation.
23

D. Online Submission of Bids
18. Bidding through E-Tendering System:
18.1 The bidding under this contract is electronic bid submission through website
.www.ladakh.eprocurement.gov.in Detailed guidelines for viewing bids and submission of
online bids are given on the website. The Invitation for Bids under PW(R&B) is published
on this website. Any citizen or prospective bidder can logon to this website and view the
Invitation for Bids and can view the details of works for which bids are invited. The
prospective bidder can submit bids online; however, the bidder is required to have
enrolment/registration in the website and should have valid Digital Signature Certificate (DSC)
in the form of smart card/e- token. The DSC can be obtained from any authorised certifying
agencies. The bidder should register in the web sitewww.jktenders.gov.in
using the relevant option available. Then the Digital Signature registration
has to be done with the e-token, after logging into the site. After this, the bidder can login the
site through the secured login by entering the password of the e-token and the user id/
password chosen during registration. After getting the bid schedules, the Bidder should go
through them carefully and then submit the documents as asked, otherwise, the bid will be
rejected.
18.2 The completed bid comprising of documents indicated in ITB clause 12, should be
Uploaded on the website given above through e-tendering along with scanned copies of requisite
certificates as are mentioned in different sections in the bidding document and scanned
copies of the Bid Document, Demand Draft and Bid Security in approved form.
18.3 The bidder shall furnish information as described in the Form of Bid on Commissions or
gratuities, if any, paid or to be paid to agents relating to the Bid, and to contract execution if the
bidder is awarded the contract.
19. Electronic Submission of Bids:
19.1 The bidder shall submit online two separate files. Part I, marked as Part I: Technical
Qualification
Part and Part II; marked as Part II: Technical- Financial Part. The above files will have
markings as given in the Bid Data Sheet. The contents of the Technical Qualification and
Technical Financial bid shall be as specified in clause 12 of the ITB. All the documents are
required to be signed digitally by the bidder. After electronic on line bid submission, the system
generates a unique bid identification number which is time stamped. This shall be treated as
acknowledgement of bid submission.
20. Deadline for Submission of Bids
20.1 Complete Bids in two parts as per clause 19 above must be submitted by the Bidder online
not later than the date and time indicated in the Appendix to ITB.
20.2 The Employer may extend the deadline for submission of bids by issuing Amendment in
accordance with Clause
24

10.3 of ITB. In such case all rights and obligations of the Employer and the bidders
previously subject to the original deadline will then be subject to the new deadline.
21. Modification/ Withdrawal/Late Bids

21.1 The electronic bidding system would not allow any late submission
of bids after due date and time as per server time.
21.2Bidders may modify their bids by uploading their request for modification before the deadline for
submission of bids. For this, the bidder need not make any additional payment towards the cost
of tender document. For bid modification and consequential re-submission, the bidder is not
required to withdraw his bid submitted earlier. The last modified bid submitted by the bidder within
the bid submission time shall be considered as the bid. For this purpose, modification/withdrawal
by other means will not be accepted. In online system of bid submission, the modification and
consequential-submission of bids is allowed any number of times. The bidders may withdraw his
bid by uploading their request before the deadline for submission of bids; however, if the bid is
withdrawn, the resubmission of the bid is not allowed.
21.3 No bid shall be modified or withdrawn after the deadline of submission of bids.
21.4 Withdrawal or modification of a bid
between the deadlines for submission of bids and the expiration of the original period of bid
validity specified in clause 15.1 above or as extended pursuant to Clause 15.2 may result in
the forfeiture of the Bid Security pursuant to Clause 16.
25

22. E. Bid Opening and Evaluation
22.1 The Employer inviting the bids or its authorised representative will open the bids online and this
could be viewed by the bidders also online. In the event of the specified date for the Opening of
bids being declared a holiday for the Employer, the Bids will be opened at the appointed time and
location on the next working day.
22.2 The file containing the Part-I of the bid will be opened first.
22.3In all cases, the amount of Bid Security, cost of bid documents, and the validity of the bid shall be
scrutinized. Thereafter, the bidders‟ names and such other details as the Employer may
consider appropriate, will be notified as Part-I bid opening summary by the Authority inviting
bids at the online opening. A separate electronic summary of the opening is generated and kept
on-line.
22.4 The
Employer will also prepare minutes of the Bid opening, including the information disclosed in
accordance with Clause 22.3 of ITB and upload the same for viewing online.
22.5 Evaluation of Part-I
of bids with respect to Bid Security, qualification information and other information
furnished
in Part I of the bid in pursuant to Clause 12.1 of ITB, shall be taken up and completed within five
working days of the date of bid opening, and a list will be drawn up of the qualified bidders
whose Part- II of bids are eligible for opening.
22.6 The result of Technical evaluation shall be made public on jktenders.gov.in site following
which there will be a period of two working days during which any bidder may submit
objections if any in writing to the tender receiving authority which shall be considered for
resolution before financial bid opening.
22.7 The Employer
shall inform the bidders, who have qualified technical evaluation, of the date, time of online
opening of financial bids. If the specified date of opening of financial bid is changed, in the
event of the
specified date being declared a holiday for the Employer, the bids will be opened at the
appointed time and location on the next working day.
22.8 Financial bids of only those bidders will be opened online, who have qualified in Technical
Evaluation. The bidders‟ names, the Bid prices, the total amount of each bid, and such
other details as the Employer may
consider appropriate will be notified online by the Employer at the time of bid opening.
22.9 The Employer shall prepare the minutes of the online opening of Financial Bids and
upload the same for viewing online.
23. Process to be confidential
23.1 Information relating to the examination, clarification, evaluation and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other
persons not officially concerned with such process until the award to the successful Bidder
has been announced. Any effort by a bidder to influence the Employer‟s processing of bids or
award decision may result in the rejection of his bid.
24. Clarification of Bids and contacting the Employer:-
26

No Bidder shall contact the Employer on any matter relating to its bid from the time of the bid
opening to the time the contract is awarded. If the bidder wishes to bring additional information
to the notice of the Employer, it should do so in writing.
24.1 Any attempt by the bidder to influence the Employer‟s bid evaluation, bid Comparison or
contract award decision may result in the rejection of his bid.
25 Examination of Bids and Determination of Responsiveness
25.1 During the detailed evaluation of “Technical Bids” the Employer will determine whether each
Bid (a) meets the
eligibility and qualification criteria as defined in Clause 3 and 4,
(b) has been properly signed; (c) is accompanied by the required securities and;
(d) is substantially responsive to the requirements of the Bidding documents.
During the detailed evaluation of the „Financial Bid‟ the responsiveness of the Bids will be
further determined with respect to the remaining bid conditions i.e. priced Bill of Quantities,
technical specifications and drawings.
25.2 A substantially responsive “Financial Bid” is one, which conforms to all the terms, conditions
and specifications of the Bidding documents, without material deviation or reservation. A
material deviation or reservation is one (i) which affects in any substantial way the scope,
quality or performance of the works: (ii) which limits in any substantial way inconsistent with
the bidding documents the Employer‟s rights or the bidders obligations under the contract, or
(iii) whose rectification would affect unfairly the competitive position of other bidders presenting
substantially responsive bids.
25.3 If a “Financial Bid” is not substantially responsive it will be rejected by the Employer and may
not subsequently be made responsive by correction or withdrawal of the non-conforming
deviation or reservation.
26 Evaluation and Comparison of Financial Bids

26.1 The Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Sub-Clause 25.2.
26.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid price
adjusting the Bid price through making an appropriate adjustment for any other acceptable
variation, deviations, and price modifications offered in accordance with sub-clause 21 of
ITB.
26.3 The Employer reserves the right to accept or reject any variation or deviation. Variations and
deviations, and other factors which are in excess of the requirements of the bidding
documents or otherwise result in unsolicited benefits for the Employer shall not be taken into
account in Bid evaluation.
26.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer‟s
estimate of the cost of the Works to be performed under the Contract ( i. e, 15% below than
Advertised cost), the Employer/Contract awarding authority may require the bidder to produce
detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal
27

consistency of those prices with the construction methods and schedule proposed. After
evaluation of the price analysis, the Employer may require that the amount of the performance
security set forth in clause 30 of ITB be increased at the expense of the successful bidder to a
level sufficient to protect the Employer against financial loss in the event of default of the
successful bidder under the Contract.
26.5 A bid which contains 50% of items in the Bill of Quantities which are unrealistically
priced Low (i.e. 25% below) and cannot be substantiated satisfactorily by the bidder
shall be rejected as non-responsive.
F. AWARD OF CONTRACT
27 Award of Contract
27.1 Subject to Clause 28, the Employer will award the Contract to the Bidder whose Bid has been
determined.
(i) To be substantially responsive to the Bidding documents and who has
offered the lowest Evaluated Bid Price, provided that such bidder has been
determined to be (a) eligible in Accordance with the provisions of clause 3
of ITB and (b) qualified in accordance with the Provisions of clause 4 of
ITB; and
(ii) To be within the available Bid Capacity adjusted to account for his bid price which is
evaluated the lowest in any of the packages opened earlier than the one under
consideration.
28 Employer‟s right to accept any Bid and Reject any or all Bids
28.1 Notwithstanding Clause 27 the Employer reserves the right to accept or reject any bid and to
cancel the bidding process and reject all bids, at any time prior to award of Contract, without
thereby incurring any liability to the affected bidder or bidders or any obligations to inform the
affected bidder or bidders of the grounds for the Employer‟s action.
29 Notification of Award and signing of Agreement
29.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior
to expiration of bid validity period by cable, telex or facsimile confirmed by registered letter.
This letter (hereinafter and in the Conditions of Contract called “the Letter of Acceptance”) will
state the sum that the Employer will pay the contractor in consideration of the execution,
completion and maintenance of the Works by the Contractor as prescribed by the Contract.
(Herein after and in the Contract called “the Contract Price”).
28

29.2 The notification of award will constitute the formation of the Contract subject to the furnishing
of a performance security in accordance with provision of clause 30 of ITB.
29.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder after the
performance security is furnished by the successful bidder.
29.4 Upon the furnishing by the successful bidder the performance security, the Employer will
promptly notify the other bidders that their bids have been unsuccessful.
30 Performance Security
30.1 Within 21 (twenty one) days after the date of receipt of the Letter of Acceptance, the
successful bidder/contractor shall deliver to the Employer/concerned authority, a Performance
Security in any of the required forms for an amount equivalent to 5% of contract price plus
additional performance security for unbalanced bid (if required) in accordance with clause
26.4 of ITB.
30.2 If the Performance Security is provided by the successful / lowest quoted bidder in the form of
a bank guarantee, it shall be issued by either (a) at the Bidder‟s option, by a Nationalized /
Scheduled Indian Bank or (b) by a foreign bank located in India and acceptable to the
Employer.
30.3 Failure of the successful bidder to comply with the requirements of Sub-Clause 30.1 of ITB
shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid
Security and debarring for bidding for minimum period of 06 months.
31 Advance Payment :- No Advance Payment whatsoever shall be made by the department

to the Contractor.
32 Dispute Review Expert:

The Employer proposes that (Name of the proposed Dispute Review Expert as indicated in the
Appendix to ITB) to be appointed as Dispute Review Expert under the contract at a daily fee
as indicated in Appendix plus reimbursable expenses .If the bidder disagrees with this
proposal, the bidder should so state in the bid. If ,in the letter of Acceptance ,the Employer has
not agreed on the appointment of the Dispute Review Expert, the Dispute Review Expert shall
be appointed by the Council of Indian Road Congress/Institution of Engineers India at the
request of either party.
33 Corrupt or Fraudulent Practices
33.1 The Employer will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question
and will declare the firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract with National Highways Authority of India / State PWD and any other
29

agencies, if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for the contractor, or in execution.
33.2 Further more, Bidders shall be aware of the provisions stated in Clause 53.2of the Conditions
of Contract.
(G)
APPENDIX TO
ITB
Clause Reference with respect to Section –I.
a) Name of Employer: Chief Engineer, PW(R&B) Union Territory of Ladakh
b) The last five years are the year prior to the 31st March of the previous financial year from the
date of submission of bid. [C1.4.6]
(Particular years to be mentioned)
3. An average financial turnover of any three years out of last five years should be as per clause
4 of ITB supported with TDS & Income Tax Return[C1 4.6A(i)]
4. Value of work is lacs [C1 .4.6A(ii)of ITB]
5. Liquid assets and/or availability of credit facilities is 10% of Adv. Cost [C1.4.3 (i) of ITB]
6. Price level of the financial year_@8% (particular base year to be mentioned)[C1.4.6&4.8]
7. The pre-bid meeting will take place at office of Chief Engineer, R&B
KMR/JMU[C1.9.2.1] PW(R&B) Department Union Territory of Ladakh On
at .(As case may be )
8. The technical bid will be opened in the office of Chief Engineer,
PW(R&B) Department Engineering Complex On at .(As case may be)
9. Address of the Employer:
10. Identification of Scheme:
Bid reference No:- …………dated:-
………..
Do not open before at A.M
11. The bid should be submitted latest by .at (as per e-Bidding) [C1.20.1]
12. The bid will be opened in the office of Chief Engineer, PW(R&B) Department
[C1.22]
On /2023 at 00.00 A.M
13. CDR/FDR/BG in favour of CAO PWD(R&B) Kashmir /Superintending Engineer of
concerned Circle
/Executive Engineer R&B of concerned Division (as the case may be).
Payable at [C1.30 OF ITB]
14. a. Dispute Review Expert; Development Commissioner Works J&K PWD Clause 32 OF ITB and
23 of GCC.
30

b. In case of clarification on any clause/addendum of the SBD the interpretation of
Development Commissioner (Works) shall be taken as final.
15(a): Performance Security shall be valid until a date 28 days after the expiry of Defect Liability
Period after Intended date of completion. Additional performance security for unbalanced
bid shall be as decided by the Contract awarding Authority
15(b) Base year : 2018-19(particular year to be mentioned).
Year before Multiplying
factor one 1.08
two 1.17
three 1.26
four 1.36
five 1.47
Escalation factors are only for working out Bid Capacity (for the cost of works executed
and financial figures arrived at thereof to a common base value for works completed in
India.
31

SECTION – 3
QUALIFICATION INFORMATION
32

Section-3
Notes on Form of Qualification Information

The information to be filled in by the bidders in the following pages will be used to purposes of post-
qualification as provided for in clause 4of the instructions to Bidders. This information will not be
incorporated in the contract. Attach additional pages as necessary.
1. For Individual Bidders

1.1 constitution or legal status of (attach copy)
Bidder Place of registration
Principal place of business
Power of attorney of signatory of Bid

1.2 Financial Turn over achieved on (Rs. in lakhs)
execution
civil worksoffor the last five years duly Year
certified
by Chartered Accountant and Year
supported
TDS, with and Loss
ITR, Profit Year
statement
Balance and
sheet.** Year
Year
1.3. Work performed (in the same name & style) on construction works of similar nature
over the last five years. Attach certificate issued by the client supported by ITR and
TDS certificates – clause 4.6.
Project Nam Descripti Cont Value of Date Stipulated

Name Period of Actual Remarks
e of on of ract contract of completion date of explaining
the work No (Rs in issu completi reasons for
empl crore) e of on delay & work
oyer work * completed
* Ord
er
33

1.4 Work performed as nominated sub-contractor (in the same name & style duly supported with an authority letter
regarding approval of sub-contract by the competent authority) on construction works of similar nature over the
last five years. Attach certificate issued by the client supported with ITR and TDS Certificates.
Project Descripti Cont Stipulated

Name Nam Value of Date Period of Actual Remarks
e of on of ract contract of completion date of explai
the work No (Rs in issu completi ning reasons for
empl crore) e of on delay & work
oyer work * completed
* Ord
er
**** A certificate of performance evaluation of all such works/commitments in hand on the part of the
bidder issued by the concerned Chief Engineer/Superintending Engineer/Executive Engineer to the
affirmation that the contractual obligations are being performed satisfactorily without compromise on
quality parameters and time lines.
1.5 Information whether the bidder has been debarred during last five years and if so reasons.
1.6 Information on bid capacity (works for which bids have been submitted and works
which are yet to be completed) as on date of this bid.
Existing commitments and ongoing construction works:-
Descripti Plac Contract Name Value Stipulate Value of works Anticipate

on of e& No. & & of d Period remaining to d date of
work Stat date addre contrac o be completed completion
e ss of t (Rs in f (Rs. in lakhs)
1 2 3 Empl
4 lakhs)
5 completi
6 7 8
oyer on
Enclose certificate(s) issued by an officer not below the rank of Executive Engineer or
equivalent
1.7 Availability of Major items of Contractor‟s equipment proposed for carrying out the Works. List
all information requested below. Refer also to Clause 4.3(g) and 4.6(B) of the Instructions to
34

Bidders (ITB).
Item of Description, Condition (new, Owned, leased

Equipment make, and age good, poor) and (from whom?) or
(years), and number available to be purchased.
capacity
1.8 Financial reports for the last five years: balance sheets, profit and loss statements, Auditor‟s
reports, etc. with TDS and ITRs list below and attach copies: .
1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide
references if contacted by the Employer.
1.10 Information on current litigation in which the Bidder is involved.
Name of other Cause of dispute Litigation Amount involved

party(s) wher (Rs. In lakh)
e (Court/arbitration)
1.11 Proposed work method and schedule. The Bidder should attach descriptions,
Drawings and charts as necessary to comply with the requirements of the Bidding
documents. [ Refer ITB Clause 12
1.12 Applicants who meet the minimum qualification criteria will be qualified only if there available
bid capacity at the expected time of bidding is more than the total estimate cost of the works.
The available bid capacity will be calculated as under:-
A = Maximum value of civil engineering works executed in any one year during the last five years (
updated to the current price level of the year indicated in appendix to ITB) taking into
account the completed into as well as works in the progress;
N = Number of years prescribed for completion of the works for which bids are invited =
B = Value (updated to the current price level of the year indicated in appendix ) of existing
commencements and ongoing works to be completed during the next 03 years (period of
M= This factor shall have a value of 2.5
Information on Bid Capacity (works for which bids have been submitted and works
which are yet to be completed) as on the date of this bid.
The item of work for which data is requested should tally with that specified in ITB clause 4.6
1.13 Qualification and experience of technical/key personnel required for administration and
execution of the Contract [ Ref. Clause 4.6 (B) (b)]. Attach biographical data. Refer also to
sub Clause 4.3 (h) of instructions to Bidders and Sub Clause 8.1 of the Conditions of
35

Contract.
Position Name Qualification Year of Years of experience

Experience in similar nature of
(General ) work
1.14 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List them below
and attach copies of supports documents.
1.15 Quality Assurance Programme.(to be framed in accordance with the requirements
uploaded on departmental website for works above 10 Crores.
2. Additional Requirements
2.1 Bidders should provide any additional information required to fulfil the requirements of
Clause 4 of the Instructions to the Bidders, if applicable.
(i) Affidavit on correctness of information.

(ii) Undertakings
2.2. Qualification Criteria:-
2.2. Qualification will be based on applicants meeting all the following minimum pass/fail criteria
regarding the applicants general and particular experience, personal and equipment
capabilities, and financial position, as demonstrated by the applicants responses in the forms
attached to the letter of applications (specified requirements for joint ventures are given below).
Subcontractors experience and resources shall not be taken into account in determining the
applicant‟s compliance with the qualifying criteria.
To qualify for more than one contract, the applicant must demonstrate having experience and
resources sufficient to meet the aggregate of the qualification criteria for each contract given in
paragraphs 2.5, 2.6, 2.7& 2.8 below.
2.3. Base year and escalation = A year prior to 31st March of previous Financial year. Or
(particular base year to be mentioned)
Following escalation factors will be used for working out the available bid capacity only for the cost
36

of works executed and financial figures arrived thereof to a common base value for works
completed in India.
No escalation factor is allowed for similar nature of work except as stated in section 1 Appendix to ITB
at - 16.
Year before Multiply

One factor 1.08
Two 1.17
Three 1.26
Four 1.36
Five 1.47
Applicant should indicate actual figures of costs and amount for the works executed by
them without accounting for the above mentioned factors.
In case the financial figures and value of completed works are in foreign currency, the above
enhanced multiplying factors will not be applied, Instead, current market exchange rate (State
Bank of India BC selling rate as on the last date of submission of the bid) will be applied for the
purpose of conversion of amount in foreign currency into Indian Rupees.
2.4 The applicant should have and meet the following minimum criteria:-
i) Achieved an average financial turnover on execution of Civil Engineering works in any Govt.
/Semi Govt. Organizations/Autonomous Bodies/Municipal Bodies/Public Sector Undertaking
listed on BSE/NSE, (defined as billing for works in progress or completed in all classes of Civil
Engineering construction works only) during any three out of the last five financial years (
2018-19 to 2022-23 ) as per the value given under table “Ä” of the proposed
contract /contracts applied. The information supplied in this connection should be duly certified
by a Chartered Accountant and be duly supported by TDS and Income Tax Returns. The
turnover shall be indexed at the rate of 8% per year to bring at current price level.
“A”
S. Categorof Turnover
No work(s)
c. Road & Bridge 35% of Advertised

Cost
ii) Having successfully completed or having substantially completed during last five years
similar nature of contract(s)/work(s) of the value as reflected below at “B” in any
Govt. /semi Govt Organizations
/Autonomous Bodies/Municipal Bodies/ Public sector Undertaking listed on BSE/NSE,
as a Prime Contractor or as a Member of Joint venture or as a Subcontractor. As a
subcontractor, he should have gained the experience of execution of all major
components/items of works under the proposed contract. In case a project has been
executed by a joint venture, Weightage towards experience of the project would be
37

given to each joint venture partner in proportion to their participation in the joint venture
as per JV agreement.
Any State/Centrally Sponsored Project having been successfully completed in time
during the last five years (Delay if any should not be attributable to the Bidder) shall be
given enhancement factor @ (Five percent ) 5% per year from the date of completion
of work during last five years. The certificate to this effect shall be produced by the
bidder along with the bid duly signed by Executive Engineer or equivalent and
countersigned by the concerned (Circle) Superintending Engineer or equivalent officer.
The certificate among other details shall also indicate the date of Start, Stipulated date
of Completion, Actual Date of Start and Completion of work, Allotment and Agreement
Number, Scope of Work allotted & executed with value and reasons for delay, if any.
The certificate so issued should be specific to one single contract only and not inclusive
of any other work contract.
.
 Substantially completed works would mean those works of a particular Contract which have
been completed in full as on the date of submission of bid (gross value of work done up to the
last date of submission of bid is 100% of the original contract price). Certificate to this effect
duly issued by the competent authority to be furnished with the bid.
“B”
S.No Category of Qualification
c. work & Bridge
Road i. Should have either executed under separate contracts both Road
& Bridge work upto the aggregate value of 33% of the total
advertised cost for works valuing upto 40.00 Cr and 40% for the
works with advertised cost beyond 40.00 Cr.( Note: The tender
inviting authority may specify the individual request of Road &
Bridge defined up the magnitude of each component, having
aggregate
%age should be restricted as defined above.
OR
ii. Should have executed both road and bridge work under one
single contract at least 33% of the advertised cost of work.
The experience of similar nature of work/contract claimed should be supported with the
certificate of experience/Performance issued by competent authority of the organization &
shall be judged from the ITCC or Annual reports including profit & loss, further the experience
of similar nature of works attained from the works of Govt. /semi Govt.
Organizations/Autonomous Bodies/Municipal Bodies/ Public sector Undertaking listed on
BSE/NSE must be supported by tax deducted at source (TDS) certificate against the same
work in evidence of the Experience & value of (similar) works claimed as experience ( this
38

shall be judged by form 26 AS to be attached along with the bid) along the certificate of
experience.
2.5. LIST OF KEY PERSONNEL TO BE DEPLOYED ON CONTRACT WORK

The applicant must have suitably qualified personnel to fill the following positions. The
applicant will supply information on a prime candidate and an alternate for each position, both
of whom should meet the experience requirements specified below:
S.NO PERSONAL QUALIFICATION Up to 15 crores Rs.30.00

15 above Up Crore above
crores to Rs.30.00
Crore.
1 Project Engineer B.E Civil +10Years 1 2 3
Exp Or Diploma in Civil
with 15
2 Site Engineer years
B.E Civilexperience
+3Years - - 1
Exp Or
Diploma with 7
years
3 Plant Engineer experience
B.E Mech. + 3 Years - 1 1
Exp. Or
Dip. Mech.+ 7 Years
4 Quantity Surveyor Exp.
B.E Civil. + 7 Years - 1 1
Exp. Or
Dip. Civil.+ 10Years
Exp.
1.6 The applicant should own or should have assured ownership to the following key items of
equipment, in full working order, and must demonstrate that, based on known commitments; they
will be available for use in the proposed contract.
LIST OF MINIMUM PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

(Depending upon
Nature of Work & specifications thereof)
A. For Road Work:

15 crores Rs.30.00
1 Tipper Trucks 3 Crore. 5 8
2 Motor Grader 1 1 2
3 Dozer 1 1 2
4 Front end Loader 1 1 2
39

5 Smooth Wheeled Roller 1 2 3
6 Vibratory Roller 1 1 3
7 Hot Mix Plant with Electronic Controls 1 1 1
(Minimum 40-
60 TPH Capacity)
8 Paver Finisher with Electronic Sensor 1 1 1
9 Water Tanker 1 1 3
10 Bitumen Sprayer/Emulsion sprayer 1 1 1
11 Cold Milling Machine 1 1 1
12 Tandem Roller/Pneumatic Tandem Roller 1 1 2
C For Bridges:

15 crores Rs.30.00
1 Excavator/Pocklain Excavators with Chain 1 each 2 each
Crore. 2 each
2 Tipper/Trucks 2 4 7
3 Transit Mixers 2 3 4
4 Vibrators 2 4 6
5 Hoist 1 1 2
6 Batch Mix Plants 20m3 per Hour or more 1 1 1 (2 depending
Capacity as per quantum of Concrete on volume in
involved case of work
valuing Rs.100
7 Transit Millers 2 3 6
Cr)
8 Concrete Pump 1 2 2
9 Scaffolding and Ledger Pipes 2000sqm 5000Sqm 5000sqm or

more
depending on
quantum of
work requiring
scaffolding and
ledger pipes.
10 Hydraulic Cranes/Hydra 15 Ton and above 1 2 2
as per nature of work
40

11 Welding Sets of different capacities as per 2 4 7
nature of work
12 DG Sets of different Capacities 1 2 4

(5KVA,10KVA,15KVA and above) Depending
upon Nature of work requiring different Loads
during multiple Construction works
13 Winch and /or Sinking Cranes 1 Winch/1 2Winch/2 2
Sinking Sinking Winches/Cran
Cranes Cranes es depending
14 Hydraulic Excavators of different Capacities 1 or 2 1 or 2 upon1 number
or 2
Depending Depending of wells.
Depending
upon upon upon
Quantum of Quantum of Quantum of
Excavation Excavation Excavation
Involved Involved 2 Involved
15 Trailers 1 1 1
16 Flat Bed Trailers 1 1 1
17 Dewatering Pumps of different Capacity The capacity and number shall depend upon
Depending upon quantum of Work the Capacity and ability of its working as
specified in Data Analysis Book and Quantities
thereof
18 Miscellaneous Equipments As per work
19 Stressing Equipment‟s, Jacks, pumps etc For works involving Pre/Post

including Grouting Equipment‟s complete Tensioning/Stressing.
20 Shuttering Material MS Plates etc Min10000Sqm and above in proportion of

quantum of work & as per Standard
Data Analysis .
Note:
 Quality Control Laboratory equipped with all required equipment‟s (Based on Nature of
Work) is
compulsory for all types of Works/Contracts to be executed.
 For works (Composite In nature i.e Having its components like Bridge, Road ,Building ) the
requirement of machine/Equipment shall be derived from above listed
machinery/Equipment‟s based on the quantum of each component of work.
The Bidders should, however, undertake their own studies and furnish with their bid, a
41

detailed construction planning and methodology supported with layout and necessary
drawings and calculations (detailed) as stated in clause 12 of ITB to allow the employer to
review their proposal. The numbers, types and capacities of each plant/equipment shall be
shown in the proposals along with the cycle time for each operation for the given production
capacity to match the requirements.
2.7. Financial Position:-

The applicant should demonstrate that he has access to, or has available, liquid assets
(aggregate Of working capital, cash in hand and uncommitted Bank Guarantee‟s) and / or credit
facilities of not less than 10% of the value of the contract/ contracts applied for (construction
cash-flow may be taken as 10% of the estimated value of contract / contracts).
2.8. The audited balance sheets for the last five years should be submitted, which must
demonstrate the soundness of the applicant‟s financial position, showing long term profitability
including an estimated financial projection for the next two years. If necessary, the employer
will make inquiries with the applicant‟s bankers.
2.9. Litigation History:-
The Applicant should provide accurate information on any litigation or arbitration resulting from
contracts completed or under execution by him over the last five years. A consistent of awards
against the applicant or any partner of a joint venture may result in failure of the applicant.
2.10. Bid Capacity:-Applicants who meet the minimum qualification criteria will be qualified only if
there available bid capacity at the expected time of bidding is more than the total estimate cost
of the works. The available bid capacity will be calculated as under:-
A = Maximum value of civil engineering works executed in any one year during the last five years (
updated to the current price level of the year indicated in appendix ) taking into account the
completed into as well as works in the progress;
N = Number of years prescribed for completion of the works for which bids are invited=..........
B = Value (updated to the current price level of the year indicated in appendix) of existing
commencements and on-going works to be completed during the next 03 years (period of
M= 2.5
Note: The statements showing the value of existing commitments and on-going works as well as the
stipulated period of completion remaining for each of the works listed should be countersigned
by the Engineer in charge, not below the rank of an Executive Engineer or equivalent.
2.11. Joint Venture:- (Applicable for the works costing Rs.15.00 Crores and above in PWD
UT of Ladakh ).If the bidder is a Joint Venture ,the partners would be limited to three
(including lead partner).Joint Venture firm shall be jointly and severally responsible for
completion of the project.
2.12 Joint Venture must fulfil the following minimum qualification requirement:-
i) The lead partner shall meet not less than 50% of qualification criteria given in sub-clause
4.6(A-I) and 4.6(A- II)of ITB of this bidding document.
ii) Each of the remaining junior partners ( either one or two) shall meet not less than 25% of all
the qualification criteria given in sub-clause 4.6(A-i)and 4.6A(ii) of I.T.B of this bidding
document to be part of JV. Irrespective of proportion of partnership in proposed JV
42

Agreement.
iii) The Joint Venture must also collectively satisfy the Criteria of clause 4.6(A-i)and4.6(A-ii)of ITB
for this purpose the relevant figures for each of the partners shall be added together to arrive
at the Joint Venture total capacity which shall be 100% or more.
iv) In the event that the Employer has caused to disqualify under clause 4.7 of ITB all of
the Joint
Venture partners will be disqualified.
iv) Joint Venture applicants shall provide a certified copy of the Joint Venture agreement in
demonstration of the partners undertaking joint and several liabilities for the performance of
any contract entered into before award of work.
v) The available bid capacity of the J.V as required under clause 4.6 of ITB will be applied for
the each partner to the extent of his proposed participation in the execution of the work .The
total Bid Capacity available shall be more than estimated contract value.
Provisions Required to be Included in the Joint Venture Agreement
If the application is made by a Joint Venture of two or more firms, the evidence of clear mandate ( i ,e
in the form of respective Board Resolution duly authenticated by competent authority)by such two or
more firms willing to form Joint Venture among themselves for the specified projects should
accompany duly recognising their respective authorised signatories signing for and on behalf of
respective firms for the purpose of forming the Joint Venture. A certified copy of the power of attorney
to the authorised representatives, signed by legally authorised signatories of all the firms of the Joint
Venture shall accompany the application. The JV Agreement shall need to be submitted consisting
but not limited to the following provisions.
a) Name, Style and Project(s) specified JV with Head Office address
b) Extent (or Equity) for participation of each party in the JV
c) Commitment of each party to furnish the Bond money (i.e. Bid security, performance
security) to the extent of his participation in the JV.
d) Responsibility of each Partner of JV (in terms of Physical and Financial involvement)
e) Working Capital arrangement.
f) Operation of separate Bank Account in the name of JV to be operated by both the partners.
g) Provision for cure in case non-performance of responsibility by any party of the J.V
h) Provision that NEITHER party of the JV shall be allowed to sign, pledge, sell or otherwise dispose
of all or part of its respective interests in JV to any party including existing partner(s) of the JV
.The Employer derives right for any consequent action (including blacklisting )against any or all
JV partners in case of any breach in this regard .
i) Management Structure of JV with details.
j) Lead Partner to be identified who shall be empowered by the JV to incur liabilities
on behalf of JV.
k) Parties/firms committing themselves to the Employer for jointly and
severally responsible for the intended works.
l) The Joint Venture (JV) Agreement to be duly registered in the Hon‟ble court of first class Munssif
in the event (JV) is declared successful bidder. However in case (JV) fails to submit along
performance security the duly registered (JV) agreement each member should be debarred from
participation even as a single bidder or as (JV) member for a period of minimum 06 months and
the (JV) shall forfeit its EMD in such event.
43

m) Any other relevant details.
Bids submitted by a Joint Venture (JV) of not more than three firms as partners shall comply
with the following requirements:
a) There shall be a Joint Venture Agreement between the constituent firms for the particular work
indicating clearly ,among other things the proposed distribution of responsibilities both financial as
well as the technical for execution of the work amongst them. For the purpose of this clause, the
most experienced lead partner will be the one defined. A copy of the Joint Venture agreement in
accordance with requirements mentioned in the Biding document shall be submitted before any
award of work could be finalized.
b)The bid and in case of the successful bidder, the form of agreement etc. shall be signed and /or
executed in such manner as may be required for making it legally binding on all partners (including
operative parts of the ensuing Contract in respect of Agreement of Arbitration etc.)On award of
work
,the form of Agreement and Contract Document shall be signed by all partners of the Joint Venture
to conclude Contract Agreement.
c) Lead Partner shall be nominated as being partner in-charge; and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized signatories of all the
partners.
d)The partner in-charge shall be authorized to incur liabilities and to receive instructions for and
on behalf of partners of the joint venture ,whether jointly or severally ,and entire execution of the
Contract (including payment)shall be carried out exclusively through the partner-in-charge .A copy
of the said authorization shall be furnished in this Bid.
e) All partners of the Joint Venture shall be liable jointly and severally for the execution of the
Contract in accordance with the Contract terms and relevant statement to this effect shall be
included in the authorization mentioned sub-clause( c) above as well as in the Form of Tender and
the Form of Agreement (in case of successful bidder).
f)In the event of default of any partner ,in the execution of his part of Contract ,the Employer shall
be so notified within 30 days by the partner –in-charge or in case of the partner-in-charge being the
defaulter, by the partner nominated as partner-in-charge of the remaining Joint Venture .The partner
– in-charge shall, within 60 days of the said notice ,assign the work of the defaulting partner to any
other equally competent party acceptable to the Employer to ensure the execution of that part of the
Contract
,as envisaged at the time of bid. Failure to comply with the above provisions will make the
Contractor liable for action by the Employer under the conditions of the Contract. If the most
experienced ie Lead Partner defined as such in the communication approving the qualification
defaults, it shall be construed as default of the Contractor and Employer will take action under the
conditions of the contract.
g)Notwithstanding the permission to assigning the responsibilities of the defaulting partner to any
other equally competent party acceptable to the Employer as mentioned in sub clause (f) above
.all the partners of the Joint Venture will retain the full and undivided responsibilities for the
performance of their obligations under the Contract and/or for satisfactory completion of the works.
h)The bid submitted shall include all the relevant information as required under provisions of
44

Sub clause 4.4 of ITB and furnished separately for each partner.
Clarification on JV
a) Where the JV is between the two firms, one firm shall meet not less than 50% of the total
requirement under Eligibility/Qualification criteria as stated in clause 4.6 and another
partner not less than 25%. The aggregate of both partners/members on JV should not be
less than 100% of required Qualification/Eligibility. To elaborate it further following
illustration is given below to acquaint the prospective bidder with the procedure of JV to be
followed.
 Suppose the lead partner in Proposed JV has 59 % share and another(Minor) has
49% but as per qualifications of Lead partner he qualifies for 60% of eligibility
criteria( against his
J.V share of 59% ) while as the minor partner possesses qualification to qualify for
only 40% of eligibility criteria (against his J.V share of 49%).But as the total
aggregate of their respective qualifications is equalling 100% of eligibility criteria
therefore such bid under
J.V shall be considered responsive for this particular clause of eligibility criteria. .
 Same may apply in case of small J.V partner having a qualification to qualify for
more than 40% though his J.V share is only 40%.This analogy may be followed for a
J.V among three partners. However, the evaluation committee shall ensure that lead
partner meets not less than 50% of Qualifying criteria and minor partner, irrespective
of his share in JV, not less than 25% qualifying criteria and collectively they must
meet 100%. It is further emphasized that the Proposed JV agreement share which
may be in the ratio of even 90:10(among two
partners) or 80:10:10(among three partners) shall have no bearing on Qualification
criteria to be met by each JV partner i.e they have to meet 50:25(but aggregate
should be 100%) or 50:25:25 wherein the partner with lesser share has to meet
minimum 25% of criteria and with higher share minimum 50% of share but
collectively they should possess 100% qualification.
JV concluded up to the date of bid submission are permitted to apply. Copy of JV should
be uploaded. The Department reserves the right to verify the particulars furnished by the applicant
independently. If any information furnished by the applicant JV is found incorrect and/or misleading
and/or false representation and/or deliberately suppressed information, at a later stage, the JV and both
the parties shall be liable to be debarred from tendering/taking up of any work in PWD UT of Ladakh .
Party/parties will not be allowed to bid for the same tender in their independent capacity as well as under
JV. Also no party will be allowed to bid for the same tender under multiple JVs. In case of violation
(party/parties bidding independently as well as under JV for the same tender, party/parties bidding for
45

the same tender under multiple JVs.), the bid of the party/parties concerned as well as the bid(s) of the
related JV(s) shall not be opened.
List of Documents Attached for Enlistment
Name of Contractor :
S No Document Description Annexur Whether

e enclosed
Yes No
1 Proof of constitution
(a) In case of sole proprietorship: an affidavit executed
before the Magistrate not below the rank of
Executive Magistrate/ First class Magistrate that
the applicant is the sole proprietor of the firm.
(b) In case of partnership firm: Certification of
Registration, Partnership Deed, and prescribed
documents indicating change in address or
constitution of Partnership Firm.
(c) In case of Limited Liability Partnership: Certificate
of Incorporation, Partnership Deed and prescribed
documents indicating change in address or
constitution of LLP.
(d) In case of Private/Public Limited Company:
Certificate of Incorporation, Articles of Association
and prescribed documents indicating change in
address or constitution of Board of Directors.
2 Power of attorney, or Board Resolution, if any.
3 Self-attested copy of enlistment order, if any
4 List of all near relatives working in PWD
46

5 List of completed works
6 Self-attested copies of award letters and final

completion certificates
7 a) Banker‟s Certificate from Scheduled Bank in
and Networth Certificate in original Average
Annual Turnover Certificate on works during
the last three financial years
Form of Certificate of Annual Turnover on works from Chartered Accountant
Certified that following is the annual turnover on works of the individual/firm/company as per returns filed
with Income Tax Department for the past 3 (three) financial years.
Name and registered address of individual/firm/company:
………………………….........………………………………….
S No Financial Annual Turnover on Works in Rs.

Year lakhs
Unique Document Identification Number (UDIN) …………………………………
(Signature of Chartered
Accountant) (Name of Chartered
Accountant) Membership No. of
47

ICAI
Date and seal
Form of Certificate of Net Worth from Chartered Accountant
It is to certify that as per the audited balance sheet and profit & loss account during the
financial year
............., the net worth of Shri/Smt/M/s
……………………………….……………………………………... (Name & Registered Address
ofindividual/firm/company), as on ………………….… (the date of certificate) is Rs.
…………………………after considering all liabilities. It is further certified that the net worth of
the individual/firm/company has not eroded by more than 50% during the last three years
ending on 31st March 2022
Unique Document Identification Number (UDIN) …………………………………
(Signature of Chartered
Accountant) (Name of Chartered
48

Accountant) Membership No. of
ICAI
Date and seal
49

Form of Banker's Certificate from a Scheduled Bank
This is to certify that to the best of our knowledge and information

Shri/Smt/M/s…………………………………… having registered address
……………………………………………………………………………………………………, a customer of our
bank, is/are respectable and can be treated as reliable for any engagement up to a limit of Rs…………
(Rupees…………………………………………………………………………………………………………………
……). This certificate is issued without any guarantee or responsibility on the Bank or any of the officers.
.
Note:
1. Banker's certificates should be on the letter head of the bank, addressed to enlisting authority.
2. In case of partnership firm, the certificate shall include names of all partners as recorded with the
bank.
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SECTION – 4
GENERAL CONDITIONS OF CONTRACT
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Section-4
GENERAL CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract
but keep their defined meanings. Capital initials are used to identify defined terms. The
Adjudicator (synonymous with Dispute Review Expert) is the person appointed jointly by the
employer and the Contractor to resolve disputes in the first instance, as provided for in
Clauses 24 and 25. The name of the adjudicator is defined in the contract Data.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
The Completion Date is the date of completion of the Works as Certified by the Engineer in
accordance with the clause 49.
The Contract is the contract between the Employer and the Contractor to execute, complete
and maintain the Works. It consists of the documents listed in Clause 2.3below.
The Contract Data defines the documents and other information which comprise the Contract.
The Contractor is a person or corporation body who‟s Bid to carry out the works has been
accepted by the Employer.
TheContractor‟s Bid is the completed Bidding document submitted by the contractor to the
Employer and includes Technical & Financial -Bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted
in accordance with the provision of the Contract.
Days are calendar days; months are calendar months. A Defect is any part of the works not
completed in accordance with the Contract.
The Defects Liability Period is the period named in the Contract Data and calculated from
the Completion Date. The Employer is the party who will employ the Contractor to carry out
the Works.
The Engineer is the person named in the Contract Data (or any other competent person
appointed and notified to the contractor to act in replacement of the Engineer) who is
responsible for supervising the Contractor, administering the Contract, certifying payments due
to the Contractor, issuing and valuing Variations to the Contract, awarding extension of time,
and valuing the Compensation events.
Equipment is the Contractor‟s machinery and vehicles brought temporarily to the Site to
construction the works. The Initial Contract Price is the Contract Price Listed in the
Employer‟s Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the engineer by issuing an extension of
time.
Materials are all supplies, including consumables, used by the contractor for incorporation in
the Works.
Plant is any integral part of the Works, which is to have a mechanical, electrical, electronic, or
chemical or biological function.
The Site is the area defined as such in the contract Data.
Site Investigation Reports are those which were included in the Bidding documents and are
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factual interpretative reports about the surface and sub-surface conditions at the site.
Specification means the Specification of the works included in the contract and any
modification or addition made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the data when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the Site
possession dates.
A subcontractor is a person or corporate body who has a contract with the contractor to carry
out part of the work in the contract, which includes works on the site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor
which are needed for construction or installation of the works.
The Works are what the Contract requires the contractor to construct, install, and turnover to
the Employer, as defined in the contract Data.
2. Interpretation
2.1. In interpreting these conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Heading have no significance.
Words have their normal meaning under the language of the Contract unless specifically
defined. The Engineer will provide instructions clarifying queries about the Conditions of
contract.
2.2. If sectional completion is specified in the contract Data, references in the conditions of
contract to the works, the completion Date, and the Intended Completion Date apply to any
Section of the works (other than references to the completion date and Intended
Completion date for the whole of the works).
2.3.The documents forming the Contract shall be interpreted in the following Order of priority:
(a) Agreement
(b) Letter of Acceptance, notice to proceed with the works
(c) Contractor‟s Bid
(d) Contract Data
(e) Conditions of Contract including Special Conditions of Contract
(f) Specifications
(g) Drawings
(h) Bill of quantities and
(i) Any other document listed in the Contract Data as forming part of the Contract.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the contract Data.
4. Engineer‟s Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer.
5. Delegation
5.1 The engineer may delegate any of his duties and responsibilities to other people except to
the Dispute Review Expert after notifying the Contractor and may cancel
any delegation after notifying the Contractor.
6. Communications
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6.1 Communications between parties, which are referred to in the conditions, are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian
Contract Act
7. Other Contractors
The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of other Contractors. The
Contractor shall as referred to in the Contract Date, also provide facilities, and services for
them as described in the Schedule. The employer may modify the schedule of other
contractors and shall notify the contractor of any such modification.
8 Personnel
8.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as
referred to in the Contract Data to carry out the function stated in the Schedule or other
personnel approved by the Engineer. The
Engineer will approve any proposed replacement of key personnel only if their qualifications,
abilities, and relevant experiences are substantially equal to or better than those of the
personnel listed in the Schedule.
8.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor‟s
staff or his work force stating the reasons the contractor shall ensure that the person leaves
the Site within seven days and has no further connection with the working the Contract.
9. Employer‟s and Contractor‟s Risks
9.1 The Employer carries the risks which this Contract states are Employer‟s risks, and the
Contractor carries the risks which this contract states are Contractor‟s risks.
10. Employer‟s Risks
10.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the works in the Employer‟s country, the risks of war, hostilities,
invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped
power, civil war, riot commotion or disorder (unless restricted to the Contractor‟s employee‟s),
and contamination from any nuclear fuel or nuclear waste or radio-active toxic explosive, or (b)
a cause due solely to the design of the works, other than the Contractor‟s design.
11. Contractor‟s Risks
11.1 All risks of loss of or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the contract other than the excepted risks
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are the responsibility of the Contractor.
12. Insurance:
12.1. The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance
cover from the start date to the end of the Defects Liability Period, in the amounts and
deductibles stated in the contract Data for the following events which are due to the
Contractor‟s risks:
a) Loss of or damage to the works, Plant and Materials;
b) Loss of or damage to Equipment;
c) Loss of or damage of property (except the works, Plant, Materials and Equipment) in
connection with the Contract; and
j) Personal injury or death.
12.2 Policy and certificates for insurance shall be delivered by the Contractor to the engineer for the
Engineer‟s approval before the Start Date. All such insurance shall provide for compensation
to be payable in the types and proportions of currencies required to rectify the loss or damage
incurred.
12.3. If the Contractor does not provide any of the policies and certificates required, the Employer
may affect the insurance which the contractor should have provided and recover the premiums
the Employer has paid from payments otherwise due to the Contractor or, if no payment is
due, the payment of the premiums shall be a debt due.
12.4. Alterations to the terms of insurance shall not be made without the approval of the Engineer.
12.5. Both parties shall comply with any conditions of the insurance policies.
13. Site Investigation Reports

13.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in
the Contract Data, supplemented by any information available to the Bidder.
14. Queries about the Contract Data

14.1 The Engineer will clarify queries on the Contract Data.
15. Contractor to Construct the Works

15.1 The Contractor shall construct and install the works in accordance with the Specifications and
Drawings.
16. The Works to be completed by the Intended Completion Date

16.1 The Contractor may commence execution of the Works on the Start Date and shall carryout
the Works in accordance with the programme submitted by the Contractor, as updated with
the approval of the Engineer, and complete them by the Intended Completion Date.
17. Approval by the Engineer
17.1 The Contractor shall submit specifications and Drawings showing the proposed Temporary
Works to the Engineer, who is to approve them if they comply with the Specifications and
Drawings.
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17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Engineer‟s approval shall not alter the Contractor‟s responsibility for design of the
Temporary Works.
17.4 The contractor shall obtain approval of third parties to the design of the Temporary Works
Where required.
17.5 All Drawings prepared by the Contractor for the execution of the temporary works, are subject
to prior approval by the Engineer before their use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the Site.
19. Discoveries
19.1 Anything of historical or other interest or of significant value unexpectedly discovered on the
Site is the property of the Employer. The contractor is to notify the Engineer of such
discoveries and carry out the Engineer‟s instructions for dealing with them.
20. Possession of the Site
20.1 The Employer shall provide adequate Site (Minimum 50% ) to the Contractor to start and carry
out his construction activity.
21. Access to the Site
21.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to
the Site, to any place where work in connection with the Contract is being carried out or is
intended to be carried out and to any place where materials or plant are being manufactured /
fabricated / assembled for the works.
22. Instructions
22.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable
where the site is located.
22.2 The Contractor shall permit the Employer to inspect the Contractor‟s accounts and records
relating to the performance of the Contractor and to have them audited by auditors appointed
by the Employer, if so required by the Employer.
23. DISPUTE S:
23.1 : If the contractor believes that the decision taken by the Engineer was either outside the
authority give to the Engineer by the contract or that the decision was wrongly taken, the
decision shall be referred to the Dispute Review Expert within 14 days of the notification of
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Engineer‟s decision.
24. Arbitration:
24.1 :The Arbitration shall be conducted in accordance with the Arbitration procedure stated in the
Special Conditions of the Contract as per prevailing Arbitration & Conciliation Act ,Govt of
India at the time of submission of Bid.
25. Replacement of Dispute Review Expert:
25.1 : Should the Dispute Review Expert resign or die, or should the Employer and the Contractor
agree that the Dispute Review Expert is not fulfilling his functions in accordance with the provisions
of the contract; a new Dispute Review Expert will be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and the Contractor, within 30 days, the
Dispute Review Expert shall be designated by the appointing authority designated in the Contract
Data at the request of either party, within 14 days of receipt of such request.
B- TIME CONTROL
26. Programme
26.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for
approval a Program showing the general methods, arrangements, order, and timing for all the
activities in the works along with monthly cash flow forecast.
26.2 An update of the Programme shall be a program showing the actual progress achieved on
each activity and the effect of the progress achieved on each activity and the effect of the
progress achieved on the timing of the remaining work including any changes to the sequence
of the activities.
26.3 The Contractor shall submit to the Engineer, for approval, an updated Program at intervals no
longer than the period stated in the Contract Data. If the Contractor does not submit an
updated Programme within this period, the Engineer may withhold the amount stated in the
Contract Data from the next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Programme has been submitted.
26.4 The Engineer‟s approval of the Programme shall not alter the Contractor‟s obligations. The
Contractor may revise the Programme and submit it to the Engineer again at any time. A
revised Programme is to show the effect of Variations and Compensation Events.
27. Extension of the Intended Completion Date
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27.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date without the Contractor taking steps to accelerate the remaining work and
which would cause the Contractor to incur additional cost.
27.2 The Engineer shall decide whether and by how much to extend the Intended Completion Date
within 35 days of the Contractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information. If the Contractor
has failed to give early warning of a delay or has failed to cooperate in dealing with a delay,
the delay by this failure shall not be considered in assessing the new Intended Completion
Date.
27.3 The Engineer shall within 14 days of receiving full justification from the contractor for extension
of Intended completion date refer to the employer his decision. The employer shall in not more
than 21 days communicate to the Engineer the acceptance or otherwise of the engineer‟s
decision.
28. Delays Ordered by the Engineer
28.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works.
29 Management Meetings
29.1 Either the Engineer or the Contractor may require the other to attend a management meeting.
The business of a management meeting shall be to review the plans for remaining work and to
deal with matters raised in accordance with the early warning procedure.
29.2 The Engineer shall record the business of management meetings and is to provide copies of
this record to those attending the meeting and to the Employer. The responsibility of the
parties for actions to be taken is to be decided by the Engineer either at the management
meeting or after the management meeting and stated in writing to all who attended the
meeting.
30. Early Warning
30.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the quality of the work, increases the
Contract Price or delay the execution of works. The Engineer may require the Contractor to
provide an estimate of the expected effect of the future event or circumstance on the Contract
Price and Completion Date. The estimate is to be Provide by the Contractor as soon as
reasonably possible.
30.2 The Contractor shall cooperate with the Engineer in making and considering proposal for how
the effect of such an event or circumstance can be avoided or reduced by anyone involved in
the work and in carrying out any resulting instruction of the Engineer.
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30.3 The Contractor shall bring in writing the compensation events hampering the performance of
the contract as and when faced/encountered with.
C. QUALITY CONTROL
31. Quality Assurance Programme (For Works Valuing Rs.10.00 Crores and above).
The Contractor shall prepare and submit a quality control plan/mechanism (Quality Assurance
Plan” or“ QAP”) and make all necessary arrangements to ensure its compliance. Having
regard to the requirement of the project, Quality assurance plan shall be devised by taking into
consideration the quality assurance manual/ guide which is available on the web site of
PW(R&B) Department of Chief Engineer(s) Ladakh; this manual or guide can also be availed
from the office of Chief Engineer Ladakh ; District Superintending Engineers and Executive
Engineers.
While submitting the bid, the bidder along with other documents shall submit Quality Assurance
Plan (QAP)as per
the clause 4.1 and 4.3(p)of ITB .However a final QAP shall be framed by the successful bidder
after the allotment of work. The Engineer –in charge shall convey its comments to the
contractor within a period of 21 days of receipt of the QAP after the allotment of work, stating
the modifications, and the contractor shall incorporate those in the QAP to the extent required
for conforming with the provisions of Quality Assurance manual/guide, which shall be
approved by the competent authority and treated as inseparable part of agreement to be
signed
between the contractor and the department.
32. Tests
32.1 If the Engineer-in-Charge instructs the contractor to carry out a test not specified in the
specification to check whether any work has a defect and the test Confirms the defect, then
the contractor shall have to pay for the tests and the defective work shall have to be
dismantled and reconstructed in accordance to the IRC/MOST/BIS/CPWD/NBO Specifications
as applicable.
The Engineer in-charge of site shall ensure / will certify that the lab has been established & tests
performed.
The contractor will furnish documentary proof of procurement of materials like cement, steel
and other equipment‟s and goods to the engineer in-charge. This will include original
vouchers for all quantities in lieu of
purchase of materials/ equipment‟s etc. from the original manufacturer or authorized

dealer/distributor to the satisfaction of engineer in-charge for ascertaining genuineness of
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materials. Attested copy of such material shall be submitted along with the bills.
No extra payment on account of quality control measures shall be paid to the contractor.
33. Identifying Defects

33.1 The Engineer shall check the Contractor‟s work and notify the Contractor of any Defects that
are found. Such checking shall not affect the Contractor‟s responsibilities. The Engineer may
instruct the Contractor to search for a Defect and to uncover and test any work at site.
34. Correction of Defects
34.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins at Completion and is defined in the Contract Data. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the
length of time specified by the Engineer‟s notice.
35. Uncorrected Defects
35.1 If the Contractor has not corrected a Defect within the time specified in the Engineer‟s notice,
the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay
this amount.
D. COST CONTROL
36. Bill of Quantities
36.1 The Bill of Quantities shall contain items for the Construction, Installation, testing, and
commissioning work to be done by the Contractor.
36.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the
quantity of the work done at the rate in the Bill of Quantities for each item.
36.3. Cash Flow forecasts: When the Programme is updated, the contractor is to provide the
Engineer with an updated cash flow forecast.
36.4: VARIATIONS (added)
Variations in the contract have to be avoided under all circumstances. Before putting any work
to tenders, it has to be ensured that advertised BOQ is based on correct inputs, actual
requirements & proper cost estimation. In this regard concerned Executive Engineer will record
a certificate on correctness of BOQ & cost estimation before the work is put to tenders.
However, under exceptional circumstances where any variation is unavoidable due to reasons
to be explained by the Executive Engineer, following procedures shall be followed.
a. Variations within allotted cost/contract: The Executive Engineer concerned will prepare a
comparative statement showing therein the original scope of component/items as allotted &
revised scope as required. The item coming under variation shall be given the same rate as
allotted for such item under other component. In
case the items is outside the scope of contract rate should be worked out on the basis of
JKSSR 2012/ relevant schedule of rates/analysis of rates based on standard data book of
analysis/CPWD analysis of rates. After the exercise is completed & variation cost is arrived
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at the case shall be referred to the Chief Engineer R&B Department Jammu/Kashmir for
obtaining necessary approval before these variations are effected on ground.
b. Variations which exceed the allotted cost of work but are well within the
approved/sanctioned cost of scheme shall be carried out only after obtaining approval
from the Administrative Department/State Level Contract Committee. The methodology for
arriving at cost estimate/rates & overall cost of work shall be as per S.No. a above. It
should be noted that no variation unless approved by the competent authority is effected at
site failing which such variation cost shall be recovered from the officer(S) held responsible
for violating the norms.
37. Payment Certificate

371 The Contractor shall submit to the Engineer monthly statements of the estimated value of the
work completed less the cumulative amount certified previously.
37.2 The Engineer shall check the Contractor‟s monthly statement within 14 days and certify the
amount to be paid to the Contractor after taking into account any credit or debit the month in
question in respect of materials for the works in the relevant amounts.
37.3 The value of work executed shall be determined by the Engineer.
37.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of
quantities completed.
37.5 The value of work executed shall include the valuation of variations and Compensation Events.
37.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion
of any item previously certified in any certificate in the light of later information.
38. Payments
38.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries
in terms of the contract and taxes, at source, as applicable under the law.
38.2 Items of the works for which no rate or price has been entered in will not be paid for by the
Employer and shall be deemed covered by other rates and prices in the Contract.
39. Tax
39.1 The rates quoted by the Contractor shall be deemed to be inclusive of all taxes including GST
(SGST AND CGST) that the Contractor will have to pay for the performance of this Contract up
to the completion. The Employer will perform such duties in regard to the deduction of such
taxes at source as per applicable law from time to time.
As per clause 33 GCC CPWD
(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
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shall not entertain any claim whatsoever in this respect except as provided under Clause 34.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of the red bajri, stone,
kankar, etc. from local authorities.
If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by
the Government of India and does not any time become payable by the contractor to the State
Government, Local authorities in respect of any material used by the contractor in the works, then in
such a case, it shall be lawful to the Government of India and it will have the right and be entitled to
recover the amount paid in the circumstances as aforesaid from dues of the contractor.
Condition for Reimbursement of Levy/taxes if Levied after receipt of Tenders As per clause 34 GCC
CPWD
(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 any tax, 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, increase or decrease.
Provided further that for Building and Other Construction Workers Welfare Cess or any tax (other than
GST), levy or cess varied or imposed after the last date of receipt of tender including extension if
any, any increase shall be reimbursed to the contractor only if the contractor necessarily and properly
pays such increased amount of taxes/levies/cess.
Provided further that such increase including GST shall not be made in the extended period of
contract for which the contractor alone is responsible for delay as determined by authority for
extension of time under Clause 5 in Schedule F.
(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 levy or 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.
40. Currencies
40.1 All Payments shall be made in Indian Rupees.
41. Price Adjustment

41.1 The rates quoted by the contract shall be deemed to include price escalation upto completion of
project.
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42. Retention
42.1 The Employer shall retain from each payment due to the Contractor the proportion stated in
the Contract Data until Completion of the whole of the Works.
42.2 On Completion of the whole of the Works half the total amount retained is repaid to the
Contractor and half when the Defects Liability Period has passed and the Engineer has
certified that all Defects notified by the Engineer to the Contractor before the end of this period
have been corrected.
43. On completion of the whole works the contractor may substitute retention money with “on
demand” Bank guarantee.
44. Liquidated Damages:
44.1 :In the event of failure on part of the Contractor to achieve timely completion of the project
including any extension of time granted under clause 27, he shall ,without prejudice to any other
right or remedy available under the law to the Employer on account of such breach, pay as
agreed Liquidated Damages to the Employer and not by way of penalty in a sum calculated at the
rate per week or part thereof as stated in the Contract Data .For the period that the completion
date is later then the intended completion date, Liquidated Damages at the same rate shall be
withheld if the Contractor fails to achieve the Mile Stones prescribed in the Contract Data
.However, in case the Contractor achieves the next mile stone ,the amount of the Liquidated
Damages already withheld shall be restored to the Contractor by adjustment in the payment
certificate. Both the parties expressly agree that the total amount of Liquidated Damages shall not
exceed 10% of initial contract price and that the Liquidated Damages payable by the Contractor
are mutually agreed genuine pre-estimated loss and without any proof of actual damage likely to
be suffered and incurred by the Employer, and the Employer is entitled to receive the same and
are not by way of penalty. The Employer may, without prejudice to any other method of recovery,
deduct the amount of such damages from any sum due, or to become due to the Contractor or
from performance security or any other dues from Government or Semi-Government body within
the State. The payment or deduction of such damages shall not relieve the Contractor from his
obligations to complete the works, or from any other of his duties, obligations or responsibilities
under the contract. The Contractor shall use and continue to use his best endeavours to avoid or
reduce further delay to the works, or any other relevant stages.
44.2. If the intended completion date is extended after Liquidated Damages have been paid, the
Engineer shall correct any such payment of Liquidated Damages by the Contractor by
adjusting the next payment
certificat
e.
44.3: It is agreed by the contractor that the decision of the Employer as to the Liquidated
Damages payable by the Contractor under this clause shall be final and binding,
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45. BONUS – The bidder who has successfully completed three CRF/PMGSY/NABARD works
within the Prescribed time over the last five years shall be rewarded with the multiplying
factor of 2.75 instead of 2.5 for ascertaining the available bid capacity of the bidder during
the technical evaluation of his bid. The bidder to this effect shall furnish the completion
certificates of works issued by an officer not below the rank of Executive Engineer or
equivalent. This shall however apply to only Road works.
46. Secured Advance

No secured advance shall be payable to the contractor
CPWD GCC Clause 10 B ( Can be included for works 25 cr and above )
The contractor, on signing an indenture in the form to be specified by the Engineer-in- Charge, shall
be entitled to be paid during the progress of the execution of the work up to 75% of the assessed
value of any materials or an amount not exceeding 75% of the material element cost in the
tendered rate of the finished item of the work, whichever is lower ,which are in the opinion of the
Engineer-in- Charge non-perishable, non- fragile and non-combustible and are in accordance with
the contract and which have been brought on the site in connection therewith and are adequately
stored and/or protected against damage by weather or other causes but which have not at the time
of advance been incorporated in the works. When materials on account of which an advance has
been made under this sub-clause are incorporated in the work, the amount of such advance shall be
recovered/deducted from the next payment made under any of the clause or clauses of this
contract.
Such secured advance shall also be payable on other items of perishable nature, fragile and
combustible with the approval of the Engineer-in-Charge provided the contractor provides a
comprehensive insurance cover for the full cost of such materials. The decision of the Engineer- in-
Charge shall be final and binding on the contractor in this matter. No secured advance, shall
however, be paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc.
46 A Mobilisation Advance
CPWD GCC Clause 10 B ( Can be included for works 25 cr and above )
(i) Mobilization advance not exceeding 10% of the tendered value may be given, if requested by the
contractor in writing within one month of the order to commence the work. Such advance shall be
in two or more installments to be determined by the Engineer-in- Charge at his sole discretion.
The first installment of such advance shall be released by the Engineer-in-charge to the
contractor on a request made by the contractor to the Engineer-in-Charge in this behalf. The
second and subsequent installments shall be released by the Engineer-in- Charge only after the
contractor furnishes a proof of the satisfactory utilization of the earlier installment to the entire
satisfaction of the Engineer-in-Charge.
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Before any installment of advance is released, the contractor shall execute a Bank Guarantee
Bonds not more than 6 in number from Scheduled Bank for the amount equal to 110% of the
amount of advance and valid for the period till recovery of advance. This (Bank Guarantee from
Scheduled Bank for the amount equal to 110% of the balance amount of advance) shall be kept
renewed from time to time to cover the balance amount and likely period of complete recovery.
(ii) The mobilization advance in (ii) above bear simple interest at the rate of 10 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 percent 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 percent of the
gross value of the contract is executed and paid, together with interest due on the entire outstanding
amount up to the date of recovery of the installment.
(iii) If the circumstances are considered reasonable by the Engineer-in-Charge, the period mentioned in
(ii) and (iii) for request by the contractor in writing for grant of mobilization advance may be extended
at the discretion of the Engineer-in-Charge.
47. Securities
47.1 The Performance Security (including additional Performance security for unbalanced bids)
shall be provided to the Employer no later than the date specified in the Letter of Acceptance
and shall be issued in an amount and form and by a bank or surety acceptable to the
Employer, and denominated in Indian Rupees. The performance Security shall be valid until a
date 28 days from the date of expiry of Defects Liability Period and the additional security for
unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of
completion.
48. Cost of Repairs

48.1 Loss or damage to the Works or Materials to be incorporated in the works between the start
date and the end of the Defects Correction period shall be remedied by the contractor at the
contractor‟s cost, if the loss or damage arises from the contractor‟s acts or omissions.
E. FINISHING THE CONTRACT

49 Completion
49.1 The Contractor shall request the Engineer to issue a CERTIFICATE OF COMPLETION of the
works and the Engineer will do so upon deciding that the Work is completed.
CPWD GCC Clause 8
Within ten days of the completion of the work, the contractor shall give notice of such completion to
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the Engineer-in-Charge and within thirty days of the receipt of such notice, the Engineer-in-Charge
shall inspect the work and if there is no defect in 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 from the
premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and
sanitary arrangements required for his/their work people on the site in connection with the execution of
the works as shall have been erected or constructed by the contractor(s) and cleaned 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
to be 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 by the Engineer-in-Charge. If the contractor shall 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.
50. Taking Over
50.1 The Employer shall take over the Site and the works within seven days of the Engineer issuing
a certificate of Completion/ Application by the Contractor. The Engineer may, at sole discretion
of Employer, issue a Taking-
over Certificate for any part of the permanent works. However on completion of whole or part
of the work and put to use for its intended purpose such works/part of works shall be
deemed to have been taken over.
51. Final Account
51.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period.
The Engineer shall issue a Defect Liability Certificate and certify any final payment that is
due to the Contractor within 56 days of receiving the Contractor‟s accounts if it is correct and
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complete. If it is not, the Engineer shall issue within 56 a schedule that states the scope of the
corrections or additions that are necessary. If the Final Account is still unsatisfactory after it
has been resubmitted, the Engineer shall decide on the amount payable to the Contactor and
issue a payment certificate, within 56 days of receiving the Contractor‟s revised account.
51A Payment of Final Bill
Clause 9 CPWD GCC

The final bill shall be submitted by the contractor in the same manner as specified in interim bills within
three months of physical completion of the work or within one month 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 here in under, the period being reckoned from the date of receipt of the bill by
the Engineer- in- Charge or his authorized Asstt. Engineer, complete with account of materials issued
by the Department and dismantled materials.
(a) If the Tendered value of work is up to 1 Crore : 2

months
(b) If the Tendered value of work is more than Rs 1 Crore 3
and upto months
(c) If the Tendered value of work exceeds Rs. 10 Crore : 6
: Rs. 10 Crore months
52. Operating and Maintenance Manuals
52.1 If “as built” Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract Data.
52.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
Contract Data, or they do not receive the Engineer‟s approval, the Engineer shall withhold the
amount stated in the Contract Data from payment due to the Contractor.
52 A Completion Plans to be submitted by Contractor CPWD GCC Clause 8A
The contractor shall submit completion plans for Internal and External Civil, Electrical and Mechanical
Services within 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 % (zero point one percent) of accepted Tendered Value or limit prescribed in Schedule F whichever is
more as may be fixed by the authority as mentioned in Schedule F and in this respect the decision of the
that authority shall be final and binding on the contractor
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53. Termination
53.1 The Employer may terminate the contract if the contractor causes a fundamental breach of the
Contract.
53.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) The Contractor stops work for 28 days when no stoppage of work is shown on the
current programme and the stoppage has not been authorized by the Engineer;
(b) The contractor is declared bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation;;
c) If the contractor fails to deploy machinery and equipment or personnel as specified in
the Contract Data or Appendix to ITB at the appropriate time.
(d) The Engineer gives Notice that failure to correct a particular Defect is fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of
time determined by the Engineer;
(e) The Contractor does not maintain a security, which is required;
(f) The Contractor has delayed the completion of works by the number of days for
which the maximum amount of liquidated damages becomes payable as defined in
the Contract data; and
(g) If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in the executing the Contract.
For the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving or
soliciting of anything of value to influence the action of a public official in the procurement process or
in contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Borrower, and includes
collusive practice amount Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Borrower of the benefits of free and open
competition”.
53.3 When the Employer gives notice of a breach of contract to the contractor for a cause other
than those listed under Sub Clause 53 above, the Engineer shall decide whether the breach is
fundamental or not.
53.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
53.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe
and secure and leave the site without shifting any equipment as soon as reasonably possible.
54. Payment upon Termination
54.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,
the Engineer shall issue a certificate for the value of the work done less Liquidated damages,
advance payments received up to the date of the issue of the certificate, less other recoveries
due in terms of the contract, less taxes due to be deducted at source as per applicable law and
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less the percentage to apply to the work not completed as indicated in the Contract Data. . If
the amount due to the Employer exceeds any payment due to the Contractor the difference
shall be a debt payable to the Employer.
54.2 If the Contract is terminated at the Employer‟s convenience or because of a fundamental

breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the
work done, the reasonable cost of removal of Equipment, repatriation of the Contractor‟s
personnel employed solely on the Works, and the Contractor‟s costs of protecting and
securing the Works less other recoveries due in terms of the contract and less taxes due to be
deducted at sources as per applicable law.
55. Property
55.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be
the property of the Employer, if the Contract is terminated because of a Contractor‟s
defaulted.
56. Release from Performance
56.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of either the Employer or the Contractor the Engineer shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible
after receiving this certificate and shall be paid for all work carried out before receiving it and
for any work carried out afterwards to which commitment was made.
56.2 Death or permanent invalidity of the contractor: the contractor shall indicate nominee for the
contract at the time of signing of the agreement. If the contractor dies during currency of the
contractor or becomes permanently incapacitated, and his/her nominee are not willing to
complete the contract, the contract shall be closed without levying any
damages/compensation. However, if the nominee expresses his/her intention to complete, the
balance work and the competent authority is satisfied about the competence of nominee, then
the competent authority shall enter into a fresh agreement for the remaining work strictly on
the same terms & conditions under which the contract was initially awarded.
57 Computerized Measurement Book ( Clause 6 GCC CPWD )
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by measurement

the value of work done in accordance with the contract.
All measurements of all items having financial value shall be entered by the contractor and compiled in
the shape of the Computerized Measurement Book having pages of A-4 size as per the format of the
department so that a complete record is obtained of all the items of works performed under the
contract.
All such measurements and levels recorded by the contractor or his authorized representative from time to
time, during the progress of the work, shall be got checked by the contractor from the Engineer-in-
Charge or his authorized representative as per interval or program fixed in consultation with Engineer-in-
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Charge or his authorized representative. After the necessary corrections made by the Engineer-in-
Charge, the measurement sheets shall be returned to the contractor for incorporating the corrections
and for resubmission to the Engineer-in- Charge for the dated signatures by the Engineer-in- Charge
and the contractor or their representatives in token of their acceptance.
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 their checks/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 Computerized 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 the various 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 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
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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 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.
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 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.
58 Materials to be provided by Contractor ( Clause 10A GCC CPWD )
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 with the 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.
The Contractor shall at his risk and cost submit the samples of materials to be tested or analyzed 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 result of 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
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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 require the removal 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 borne by the Contractor.
The contractor shall at his own expense, provide a material testing lab at the site for conducting routine field
tests. The lab shall be equipped at least with the testing equipment as specified in schedule F.
59 Dismantled Material Govt Property ( Clause 10 D GCC CPWD )
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
60 Work to be executed in Accordance with Specifications, Drawings , work orders etc ( Clause
11 GCC CPWD )
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 Public Works
Department,UT of Ladakh specified in Schedule 'F' or in any Bureau of Indian Standard or any other,
published standard or code or, Schedule of Rates or any other printed publication referred to elsewhere
in the contract.
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 and plants 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.
61 Foreclosure of Contract due to abondenment or reduction in scope of work ( Clause 13

GCC CPWD )
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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 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 he might have derived from the
execution of the works in full but which he did not derive in 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 view of 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.
(i) 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.
(ii) 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), (iii) and (iv) 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 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 the contract.
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
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completion if no extension has been granted plus minimum 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.
62 Carrying out part work ar risk and cost of contractor ( Clause 14 GCC CPWD )
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 working 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 working 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.
(iii) 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 have powers 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 shall not exceed 10% of the tendered value of the work.
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 completing the part work/ part
incomplete work of any item(s) or the excess loss of damages suffered or may be suffered by
Government as aforesaid after allowing such credit shall without prejudice to any other right or remedy
74

available to Government in law or per as 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
execution of the work or the performance of the contract.
63 Suspension of work ( Clause 15 GCC CPWD )
(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:
(a) on account of any default on the part of the contractor or;
(b) for proper execution of the works or part thereof for reasons other than the default of the
contractor; or
(c) for safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure the works to the extent
necessary and carry out the instructions given in that behalf by the Engineer in- Charge.
(ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above:
(a) the contractor shall be entitled to an extension of time equal to the period of every such
suspension PLUS 25%, for completion of the item or group of items of work for which a
separate period of completion is specified in the contract and of which the suspended work
forms a part, and;
(a) If the total period of all such suspensions in respect of an item or group of items or work for
which a separate period of completion is specified in the contract exceeds thirty days, the
contractor shall, in addition, be entitled to such compensation as the Engineer-in- Charge
may consider reasonable in respect of salaries and/or wages paid by the contractor to his
employees and labour at site, remaining idle during the period of suspension, adding thereto 2%
to cover indirect expenses of the contractor provided the contractor submits his claim
supported by details to the Engineer-in- Charge within fifteen days of the expiry of the period of
30 days.
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(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 written notice on the Engineer-in-Charge
requiring permission within fifteen days from receipt by the Engineer in- Charge of the said notice,
to proceed with the work or part 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
ten days of expiry of such period of 15 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 days of the expiry of the period of 3
months .
64 Action in case work not done as per specifications ( Clause 16 GCC CPWD )
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 of the
Chief Technical Examiner's Office, 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 such officers has been given to the
contractor, either himself be present to receive orders and instructions 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 same force as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in charge of the work or to
the Chief Engineer in charge of Quality Assurance or his subordinate officers or the officers of the
organization engaged by the Department for Quality Assurance or to the Chief Technical Examiner or
his subordinate officers, that any work has been executed with unsound, imperfect, or unskillful
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 twelve months (six months in the
case of work costing Rs. 10 Lac 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
76

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.
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.
65 Contractor liable for damages ,defects during Defects liablity period ( Clause 17 GCC
CPWD )
If the contractor or his working people or servants shall 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 shall
happen to the work while in progress, from any cause whatever or if any defect, shrinkage or other
faults appear in the work within twelve months (six months in the case of work costing Rs. Ten lacs 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 the proceeds of sale thereof or of a sufficient portion thereof.
The security deposit of the contractor shall not be refunded before the expiry of twelve months (six
months in the case of work costing Rs. Ten lakhs 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 six months and the remaining half after twelve months of the
77

issue of the said certificate of completion or till the final bill has been prepared and passed whichever is
later.
66.Contractor to supply tools and plants etc ( Clause 18 GCC CPWD )
The contractor shall provide at his own cost all materials 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.
67 Employment of skilled/semi skilled workers ( Clause 19K GCC CPWD )
Clause 19K
The contractor shall, at all stages of work, deploy skilled/semi skilled tradesmen who are qualified and
possess certificate in particular trade from CPWD Training Institute/Industrial Training Institute/ National
Institute of construction Management and Research (NICMAR)/ National Academy of Construction,
CIDC or any similar reputed and recognized Institute managed/ certified by State/Central Government.
The number of such 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, its 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 specified in schedule 'F' 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.
Provided always, that the provisions of this clause, shall not be applicable for works with estimated
cost put to tender being less than Rs. 5 crores.
For work costing more than Rs. 10 Crores, and upto Rs. 50 Crores, the contractor shall arrange on
site training as per National Skill Development Corporation (NSDC) norms for at least 20% of the
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unskilled workers engaged in the project in co-ordination with the CPWD Regional Training Institute &
National Skill Development Corporation (NSDC) for certification at the level of skilled/semi skilled
tradesmen.
For works costing more than Rs. 50 Crores, the contractor shall arrange on site training as per National
Skill Development Corporation (NSDC) norms for at least 30% of the unskilled worker engaged in the
project in co-ordination with the CPWD Regional Training Institute & National Skill Development
Corporation (NSDC) for certification at the level of skilled/semi skilled tradesmen. The cost of such
training as stated above shall be born by the Government. The necessary space and workers shall be
provided by the contractor and no claim what so ever shall be entertained.
68 Contribution of ESI and EPF ( Clause 19L GCC CPWD ) - Suggested for works above 10
Cr
The ESI and EPF contributions on the part of employer in respect of this contract shall be paid by the
contractor. These contributions on the part of the employer paid by the contractor shall be reimbursed by
the Engineer-in-charge to the contractor on actual basis. The verification of deployment of labour will be
done through biometric attendance system or any other suitable method by the Engineer in Charge.
The applicable and eligible amount of EPF & ESI shall be reimbursed preferably within 7 days but not
later than 30 days of submission of documentary proof of payment provided same are in order.
69 Work not be sublet .Action in case of Insolvency ( Clause 21 GCC CPWD )
The contract shall not be assigned or sublet without the written approval of the Engineer-in- Charge. And
if the contractor shall 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 shall become in any way directly or indirectly interested in the contract,
the Engineer-in-Charge on behalf of the President of India 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.
70 Change in Constitution of firm to be intimated ( Clause 23 GCC CPWD )
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.
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71 Water for works ( Clause 30 GCC CPWD )
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 following conditions.That the water used by the
contractor(s) shall be fit for construction purposes to the satisfaction of the Engineer-in-Charge.
However the contractor, if he desires shall be permitted to drill bore well(s), to augment his requirement
of water, provided there is no ban on digging bore well(s) by Central Ground Water Board at
project site. The location of bore well(s) shall be decided in consultation with the Engineer In
Charge so as to ensure that the bore well(s) does not affect the yield of nearby bore well(s) (if
any). No recovery shall be effected from the contractor on this account. On completion of the
work, the bore well(s) shall not be abandoned by the contractor and the same shall become
property of the Govt without any cost payable to the contractor on this account.
The water used in the works shall be potable as specified in IS 456-2000
. Before using water in the works, the same shall be got tested by contractor at his own expense
from a Govt approved laboratory / Engineering College, at an interval of three months, as directed
by the Engineer
72 Electricity for works Not in cpwd

Electricity required for the works shall be arranged by the contractor at his own cost. Any liaison with
local Electricity Authorities for arranging electricity shall be made by the contractor himself. However no
claim or extension of time for delay on account of non availability of electricity from local Electricity
Authority shall be entertained by the Govt. The contractor shall have to make arrangement for captive
electricity generation at his own cost by arranging portable DG Sets of suitable capacity.
73 Hire of plant and machinery ( Clause 31 GCC CPWD )
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.
74 Employment of Technical Staff and employees ( Clause 32 GCC CPWD )
Contractors Superintendence, Supervision, Technical Staff & Employees

(i) The contractor shall provide all necessary superintendence during execution of the work and all
along thereafter as may be necessary for proper fulfilling of the obligations under the contract.
The contractor shall immediately after receiving letter of acceptance of the tender and before
commencement of the work, intimate in writing to the Engineer-in-Charge, the name(s),
qualifications, experience, age, address(s) and other particulars along with certificates, of the
principal technical representative to be in charge of the work and other technical representative(s)
who will be supervising the work. Minimum requirement of such technical representative(s) and their
qualifications and experience shall not be lower than specified in Schedule 'F'. Even of the
80

contractor (or partner(s) in case of firm/ company)is himself / herself an Engineers, it is
necessary on the part of the contractor to Employ principal technical representative / technical
representative (s) as per stipulation in Schedule 'F'
The Engineer-in-Charge shall within 3 days of receipt of such communication intimate in writing his
approval or otherwise of such a representative(s) to the contractor. Any such approval may at any
time be withdrawn and in case of such withdrawal, the contractor shall appoint another such
representative(s) according to the provisions of this clause. Decision of the tender accepting
authority shall be final and binding on the contractor in this respect. Such a principal technical
representative and other technical representative(s) shall be appointed by the contractor soon after
receipt of the approval from Engineer-in-charge and shall be available at site before start of work.(
Refer ITB Tender Clause 4.6 Detail of staff to be deployed )
75 Termination of Contract in case of death of Contractor ( Clause 35 GCC CPWD )
Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the
Engineer-in-Charge on behalf of the Lt Governor of UT of ladakh shall have the option of terminating
the contract without levy of compensation to the contractor.
76 No Gazetted Engineer to work as Contractor within 1 year of Retirement ( Clause 37

GCC CPWD )
No engineer of gazetted rank or other gazetted officer employed in engineering or administrative

duties in an engineering department of the Government of India shall work as a contractor or employee
of a contractor for a period of one year after his retirement from government service without the
previous permission of Government of India in writing. This contract is liable to be cancelled if either the
contractor or any of his employees is found at any time to be such a person who had not obtained the
permission of Government of India as aforesaid, before submission of the tender or engagement in the
contractor's service, as the case may be.
77.Theoretical Consumption of Material ( Clause 38 GCC CPWD )
(i) After completion of the work and also at any intermediate stage in the event of Non reconciliation
of materials issued theoretical quantity of materials used in the work shall be calculated on the
basis and method given hereunder:-
(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 3% wastage due to cutting into pieces, such theoretical quantity
being determined and compared with the actual, each diameter wise, section wise and
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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 measured plus 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.
Over the theoretical quantities of materials so computed a variation shall be allowed as specified
in Schedule 'F'For non scheduled items, the decision of the SE/ Superintending Engineer
cum PD/ CE/ CPM cum ED regarding theoretical quantities of materials which should have
been actually used, shall be final and binding on the contractor.
(ii) 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 of contract for not doing the work according to the
prescribed specifications.
78 Apprentices Act Provisions to be complied with ( Clause 40 GCC CPWD )
The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules and orders
issued there under 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.
79 Release of security Deposit ( Clause 41 GCC CPWD )

Release of Security Deposit of the work shall not be refunded till the contractor produces a clearance
certificate from the Labour Officer. As soon as the work is virtually complete the contractor shall apply
for the clearance certificate to the Labour Officer under intimation to the Engineer-in-Charge. The
Engineer-in-Charge, on receipt of the said communication, shall write to the Labour Officer to intimate if
any complaint is pending against the contractor in respect of the work. If no complaint is pending, on
record till after 3 months after completion of the work and/or no communication is received from the
Labour Officer to this effect till six months after the date of completion, it will be deemed to have received
the clearance certificate and the Security Deposit will be released if otherwise due.
82

83

SECCTION – 5
SPECIAL CONDITIONS OF CONTRACT
84

SECTION-5
SPECIAL CONDITIONS OF CONTRACT
5.1 GENERAL
The following special conditions shall be read in conjunction with PWD UT of ladakh General
Conditions of Contracts. If any provision in these special conditions is at variance with that of the
aforesaid documents, the Special conditions shall be deemed to take precedence there over.
5.2 LABOUR
The contractor shall, unless otherwise provided in the contract, make his own arrangements
for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and
transport.
The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in
such form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of
the several classes of labour from time to time employed by the Contractor on the site and such there
information as the Engineer may require.
5.3 COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contract, the contractor and his sub-contractors shall abide at all times by
all existing labour enactments and rules made there under, regulation, notifications and bye laws of
the State or Central Government of local authority and any other labour law (including rules),
regulations, bye laws that may be passed or notification that may be issued under any labour law in
future either by the State or Central Government or the local authority. Salient features of some of the
major labour laws that are applicable to construction industry are given below. The Contractor shall
keep the employer indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules made there under,
regulations or notifications including amendments. If the Employer is caused to pay or reimburse,
such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/byelaws/Acts/Rules/regulations including amendments, if any, on the
part of the contractor, the engineer/employer shall have the right to deduct any money due to the
contractor including his amount of performance security. The employer/engineer shall also have right
to recover from the contractor any sum required or estimated to be required for making good the loss
or damage suffered by the employer. The employer of the contractor and the Sub-Contractor in no
case shall be treated as the employees of the employer at any point of time.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

TOESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONWORK.
a) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by
accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years‟ service
or more or on death the rate of 15 days wages for every completed year of service. The Act is
85

applicable to all establishments employing 10 or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the employer plus workers @ 10% or 8.33%. The benefits payable under the
Act are: (i) Pension or family pension
on retirement or death, as the case may be.(ii) Deposit linked insurance on the death in
harness of the worker. (iii) Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act 1951: The Act provides for leave and some other benefits to women
employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the contractor fails to
provide, the same are required to be provided, by the principal employer by law. The principal
employer is required to take certificate of registration and the contractor is required to take
license from the designated officer. The Act is applicable to the establishments or contractor of
principal employer if they employ 20 or more contract labour.
f) Minimum Wages Act 1948: The employer is supposed to pay not less than the minimum
wages fixed by appropriate government as per provisions of the Act if the employment is a
scheduled employment. Construction of buildings, roads, and runways are scheduled
employments.
g) Payment of Wages Act 1936: It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.
h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of
equal nature to Male and Female workers and for not making discrimination against Female
employees in the matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or
more employees. The Act provides for payments of annual bonus subject to minimum of
8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/- per month or
less. The bonus to be paid to employees getting Rs. 2500/- per month or above upto 3500/-
per month shall be worked out by taking wages as Rs.2500/- per month only. The Act does not
apply to certain establishments. The newly set up establishments are exempted for five years
in certain circumstances. Some of the State Governments have reduced the employment size
from 20 to 10 for the purpose of applicability of this Act.
j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure for resolution
of Industrial disputes, in what situations a strike or lock-out become illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.
k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments
employing 100 or more workmen (employment size reduced by some of the State and Central
Government to 50). The Act provides for laying down rules governing conditions of
employment by the employer on matters provided in the Act and get the same certified by the
designated Authority.
l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade unions of
workmen and employers. The Trade Unions registered under the Act have been given certain
immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
86

children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment of
Child Labour is prohibited in Building and Construction Industry.
n) Inter-State Migrant workmen‟s (Regulation of Employment & Conditions of
Service) Act 1979: The Act is applicable to an establishment, which employs 5 or more inter-
state migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant workmen,
in an establishment to which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, travelling expenses from home up to the establishment
and back, etc.
o) The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996: All the establishments who
carry on any building or other construction work and employs 10 or more workers are covered
under this Act. All such establishments are required to pay cess at the rate not exceeding 2%
of the cost of construction as may be modified by the Government. The employer of the
establishment is required to provide safety measures at the Building or construction work and
other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing
accommodation for workers near the work place etc. The Employer to whom the Act applies
has to obtain a registration certificate from the Registering Officer appointed by the
Government.
p) Factories Act 1948: The Act lays down the procedure for approval at plans before setting up
a factory, health and safety provisions, welfare provisions, working hours, annual earned
leave and rendering information regarding accidents or dangerous occurrences to designated
authorities. It is applicable to premises employing 10 persons or more with aid of power or 20
or more persons without the aid of power engaged in manufacturing process.
5.4 ARBITRATION (GCC CLAUSE 24 and 25)
The procedure for Arbitration will be as follows:

Any Dispute or difference arising between the department and contractor shall be dealt in
accordance with Indian Arbitration Act ,1996 with amendments upto date .
(a) In case of Dispute or difference arising between the Employer and a domestic contractor
relating to any matter arising out of or connected with the agreement, such disputes or
difference shall be settled in accordance with the Indian Arbitration and Conciliation Act 1996
as amended from time to time. The parties shall make efforts to agree on a sole Arbitrator
and only if such an attempt does not succeed then the Arbitral Tribunal consisting of 3
Arbitrators one each to be appointed by the Employer and the contractor and the third
Arbitrator to be chosen by the two Arbitrators so appointed by the parties to act as presiding
Arbitrator, shall be considered. In case of failure of the two Arbitrators appointed by the
parties to reach upon a consensus within a period of 30 days from the appointment of the
Arbitrators appointed subsequently, the Presiding Arbitrator shall be appointed by the Council,
Indian Road Congress/ Chairman Institute of Engineers Ladakh Chapter.
b) The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the
87

Employer and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so
appointed by the parties, and shall act as Presiding Arbitrator. In case of failure of the two
Arbitrators appointed by the parties to reach upon a consensus within a period of 30 days
from the appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator
shall be appointed by the Council, Indian Road Congress / Chairman Institute of Engineers
Ladakh Chapter.
c) If one of the parties fails to appoint the Arbitrator in pursuance of sub-clause (a) and (b)
above within 30 days after receipt of notice of appointment of its Arbitrator by the other
party ,then the Council of Indian Road Congress shall appoint the Arbitrator. A certified
copy of the order of the Council of Indian Road Congress / Chairman Institute of Engineers
Ladakh Chapter making such appointment shall be furnished to each of the parties.
d) Arbitration proceedings shall be held at Union Territory of Ladakh, India and the language
of the arbitration proceeding and that of all documents and communications between the
parties shall be English.
e) The decision of the majority of Arbitrators shall be final and binding upon both the parties
.The cost and expenses of Arbitration proceedings will be paid as determined by the
Arbitral Tribunal. However, the expenses incurred by each party in connection with
preparation, presentation etc. of its proceedings as also the fee and expenses paid to the
Arbitrator appointed by such party or on its behalf shall be borne by each party itself.
f) Performance under the contract shall continue during the arbitration proceedings and
payments due to the contractor by the owners shall not be withheld, unless they are the
subject matter of the arbitration proceedings.
5.5 CONSTRUCTION PLANNING SCHEDULE
Contractor shall submit a detailed Construction Planning Schedule for execution of work giving
details of all major construction activities of Contract with date of commencement and
completion date to the Engineer within 15 days of commencement of work .. Delay in submission
of date schedule will attract a penalty of Rs. 1000/- per day. Contractor shall revise the Schedule
every 3 months and submit updated Construction Planning Schedule to Engineer for monitoring of
various construction activities.
88

SECTION – 6
CONTRACT DATA
89

SECTION – 6
CONTRACT DATA
Items marked “N/A” do not apply in this contract.

1. The Employer is [Cl.1.1]
Name: Chief Engineer, PW(R&B) Department UT of Ladakh as case may be
Address: Engineering Complex
Name of authorized representative of Employer is Concerned Superintending
Engineer PW(R&B)D Circle .
2. The Engineer is Executive Engineer, R&B Division
Name of authorized Representative of Engineer: Concerned Asst Executive Engineer.
3. The Dispute Review as per Arbitration (GCC) Clause; 23,24 & 25 of Section 3 of GCC.
4. The defects liability period is as specified in NIT from the actual date of completion/ Taking
over. [Cl.1.1 & 35]
5. The start date shall be seven days from the date of issue of the
notice to proceed [Cl.1.1] with the work.
6. The intended completion date for the whole of the works is Calendar
Months after [Cl.1.1,16&27 of G.C.C]start of
work with the following milestones.
Milestone dates: [Cl.2.2 & 49.1]
A. Milestone to be achieved during the contract period on possession of /Access to site.
i. 1/8th of the value of entire contract upto 1/4th of the period allowed for completion of
construction.
ii. 3/8th of the value of entire contract upto ½ of the period allowed for completion of
construction.
iii. 3/4th of the value of entire contract upto 3/4th of the period allowed for completion of
contraction.
iv. Rest of the work within the remaining time period.
B. Amount of liquidated damages for delay in completion of work------ For whole of work
1% of the initial Contract price, rounded off to the nearest thousand, per week.
C. Maximum limit of liquidated damages for delay in completion - 10% of the initial
contract price of work rounded off to the nearest thousand
7. The site is located in District [Cl.1.1]
8. The name and identification number of the contract is: Improvement/Up-gradation of

[Cl.1.1]
9. The works consist of
The work shall, inter-alia, include the following as specified or as directed. [Cl.1.1]
(A) Road works

Site clearance; setting out and layout; widening of existing carriageway and strengthening including
camber correction; construction of new road/ parallel service road; bituminous pavement
remodelling/construction of junctions, intersections, bus bays, lay byes; supplying and placing of
drainage channels, flumes, guards post and guard other related items;
90

construction/ extension of cross drainage works bridges, approaches and other related stones; road
markings, road signs and kilometre/hector meter stones; protective works for roads/ bridges; all
aspects of quality assurance of various components of the works; rectification of the defects in the
completed works during the Defects liability period; submission of “As built” drawings and any other
related documents; and other item of work as may be required to be carriage out for completing the
works in accordance with the drawings and provisions of the ensure safety.
(B. 1) Bridge works

Site clearance; setting out, provision of foundations, piers, abutments and bearings; pre-stressed
/reinforced cement concrete superstructure; wearing coat, hand railings expansion joints approach
slabs, drainage spouts/ down take pipes arrangements for fixing light posts, water mains, utilities etc;
provision of suitably designed protective works; providing wing/ return walls; provision of road
markings, road signs etc; all aspects of quality assurance; clearing the site and handing over the
works on completion; rectification of the defects during the Defects Liability Period and submission of
“As- built” drawings and other related documents; and other items of work as may be required to be
carried out for completing the works in accordance with the drawings and the provisions of the
contract and to Insure safety.
(B. 2) Building Works

Site clearance, setting out, provisions of foundation, superstructure, Roof slab(s). Truss and CGI
sheet roofing, Brick work/concrete blocks, finishing including Flooring, Plastering, Joinery works,
painting, sanitary fittings, electrification works, external and water supply and Power supply
Miscellaneous / other allied works as required, with all aspects of quality assurance, cleaning the site
and handing over the work on completion, rectification of defects during defect liability period and
submission of documents including drawings as required and provisions of contract and to ensure
safety.
C) Other Items
Any other items as required fulfilling all contractual obligations as per the [Cl.1.1] of ITB Bid
documents.
The following documents also from part of the contract: [Cl.2.3(i) of GCC]
Specification of Roads and Bridges (5th Edition) and for Building Works CPWD /BIS book of
Specifications.
1. The law which applies to the contract is law of Union of India/J&K [Cl.3.1 of GCC]
2. The language of the contract documents is English. [Cl.3.1 of GCC]
3. The Schedule of other contractors [Cl7 of GCC]
4. The schedule of key personnel [Cl.4.6 (B) of Section-I]
5. The minimum insurance cover for physical property, injury and death is Rs. 5 lakhs per
occurrence with the number of occurrences limited to four. After each occurrence, contractor
will pay additional premium necessary to make insurance valid for four Occurrences
always.[Cl..12 of GCC]
6. Site investigation report [Cl..13 of GCC]
7. The Site Possession Dates shall be same as date of
letter to proceed With the work [Cl.19 of GCC]
8. Fees and types of reimbursable expenses to be paid to the Dispute Review Expert (As per
clause 23 of GCC)
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9. Appointing Authority for the Dispute Review Expert – To be nominated in the Bidding
document) (As
per clause 23of GCC)
10. The period for submission of the programme for approval of Engineer shall be
[Cl.26 of GCC] 21 days from the issue of Letter of Acceptance.
11. The period between Programme updates shall be 30 days. [Cl.26 of GCC]
12 The amount to be withheld for late submission of an updated programme shall be
Rs. (
lacs).
[Cl.26 of GCC]
13. The currency of the contract is Indian Rupees. [Cl..40 of GCC]
14. The formula (e) for adjustment of price are: (Not Applicable)
15. The proportion of payments retained (retention money) shall be 5%.from each bill subject to
a maximum of 5% of final contract price.
16
Bonus for early completion of whole Shall be As per clause 45 OF GCC
of the works
17. The Securities shall be for the following minimum amounts equivalent as a percentage of the
Contract Price: Performance Security for 5percent of contract price plus %(to be decided after
evaluation of the bid) as additional security on account of un-balanced bid in terms of ITB
Clause 26.4
18 The standard form of Performance Security acceptable to the Employer shall be CDR/FDR
or an unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding
Documents.
19. The Schedule of Operating and Maintenance Manuals Not Applicable.
20 The date by which “as-built” drawings (in scale as directed) in 2 sets are required is Within 28
days of issue of certificate of completion of whole or section of the work, as the case may be.
21 The amount to be withheld for failing to supply “as built” drawings by the data required Rs.2% of
contract value.
22. The following event shall constitute fundamental breach of contract. “The Contractor has
Contravened Clause 9 of GCC.” [Cl.53 of GCC]
24. The percentage to apply to the value of the work not completed
representing the Employer‟s additional cost for completing the Works shall
be 20 percent [.Cl.54 of GCC]
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93

SECTION – 7
STAFF AND LABOUR
SECTION -7
STAFF AND LABOUR
7.1 PWD UT OF LADAKH SAFETY CODE
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1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the
ground, or from solid construction except such short period work as can be done safely from
ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if
the ladder is used for carrying materials as well suitable footholds and hand-hold shall be
provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1(¼
horizontal and 1 vertical.)
2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from
an overhead support or erected with stationary support shall have a guard rail properly attached
or bolted, braced and otherwise secured at least 90 cm. (3ft.) high above the floor or platform of
such scaffolding or staging and extending along the entire length of the outside and ends there of
with only such opening as may be necessary for the delivery of materials. Such scaffolding or
staging shall be so fastened as to prevent it from swaying from the building or structure.
3. Working platforms, gangways and stairways should be so constructed that they should not sag
unduly or unequally, and if the height of the platform or the gangway or the stairway is more than
3.6 m (12ft.) above ground level or floor level, they should be closely boarded, should have
adequate width and should be suitably fastened as described in (2) above.
4. Every opening in the floor of a building or in a working platform shall be provided with suitable
means to prevent the fall of person or materials by providing suitable fencing or railing whose
minimum height shall be 90 cm. (3ft.)
5. Safe means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9m. (30ft.) in length while the
width between side rails in rung ladder shall in no case be less than 29 cm. (11½”) for ladder upto
and including 3 m. (10 ft.) in length. For longer ladders, this width should be increased at least ¼”
for each additional 30 cm. (1 foot) of length. Uniform step spacing of not more than 30 cm shall be
kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No
materials on any of the sites or work shall be so stacked or placed as to cause danger or
inconvenience to any person or the public. The contractor shall provide all necessary fencing and
lights to protect the public from accident and shall be bound to bear the expenses of defence of
every suit, action or other proceedings at law that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any damages and cost which may
be awarded in any such suit; action or proceedings to any such person or which may, with the
consent of the contractor, be paid to compensate any claim by any such person.
6. (a) Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be
supplied with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder
shall extend from bottom of the trench to at least 90 cm. (3ft.) above the surface of the ground.
The side of the trenches which are 1.5
m. (5ft.) or more in depth shall be stepped back to give suitable slope or securely held by
timber bracing, so as to avoid the danger of sides collapsing. The excavated materials shall
not be placed within 1.5 m. (5ft.) of the edges of the trench or half of the depth of the trench
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whichever is more. Cutting shall be done from top to bottom. Under no circumstances,
undermining or undercutting shall be done.
(b) Safety Measures for digging bore holes:-

(i) If the bore well is successful, it should be safely capped to avoid caving and collapse of
the bore well. The failed and the abandoned ones should be completely refilled to avoid
caving and collapse;
(ii) During drilling, Sign boards should be erected near the site with the address of the drilling
contractor and the Engineer in-charge of the work;
(iii) Suitable fencing should be erected around the well during the drilling and after the
installation of the rig on the point of drilling, flags shall be put 50m alround the point of
drilling to avoid entry of people;
(iv) After drilling the borewell, a cement platform (0.50m x 0.50m x 1.20m) 0.60m above
ground level and 0.60m below ground level should be constructed around the well
casing;
(v) After the completion of the borewell, the contractor should cap the bore well properly
by welding steel plate, cover the bore well with the drilled wet soil and fix thorny shrubs
over the soil. This should be done even while reparing the pump;
(vi) After the borewell is drilled the entire site should be brought to the ground level.
7. Demolition - Before any demolition work is commenced and also during the progress of the work,
(i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
(ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus
used by the operator shall remain electrically charged.
(iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or
explosion or flooding. No floor, roof or other part of the building shall be so overloaded with
debris or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge
should be kept available for the use of the person employed on the site and maintained in a
condition suitable for immediate use, and the contractor should take adequate steps to ensure
proper use of equipment by those concerned:- The following safety equipment shall invariably be
provided.
(i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided
with protective footwear and protective goggles.
(ii) Those engaged in white washing and mixing or stacking of cement bags or any material which
is injurious to the eyes, shall be provided with protective goggles.
(iii) Those engaged in welding works shall be provided with welder‟s protective eyeshields.
(iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at
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sufficiently safe intervals.
(v) When workers are employed in sewers and manholes, which are in active use, the
contractors shall ensure that the manhole covers are opened and ventilated atleast for an
hour before the workers are allowed to get into the manholes, and the manholes so opened
shall be cordoned off with suitable railing and provided with warning signals or boards to
prevent accident to the public. In addition, the contractor shall ensure that the following safety
measure are adhered to :-
(a) Entry for workers into the line shall not be allowed except under supervision of the JE or
any other higher officer.
(b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2
to 3 hours before any man is allowed to enter into the manhole for working inside.
(c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate
paper which changes colour in the presence of such gases and gives indication of their
presence.
(d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In
case, no Oxygen is found inside the sewer line, workers should be sent only with
Oxygen kit.
(e) Safety belt with rope should be provided to the workers. While working inside the
manholes, such rope should be handled by two men standing outside to enable him to be
pulled out during emergency.
(f) The area should be barricaded or cordoned of by suitable means to avoid mishaps of
any kind. Proper warning signs should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.
(g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.
(h) The malba obtained on account of cleaning of blocked manholes and sewer lines
should be immediately removed to avoid accidents on account of slippery nature of the
malba.
(i) Workers should not be allowed to work inside the manhole continuously. He should be
given rest intermittently. The Engineer-in-Charge shall decide the time up to which a
worker may be allowed to work continuously inside the manhole.
(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called
for, portable air blowers are recommended for ventilating the manholes. The Motors for
these shall be vapour proof and of totally enclosed type. Non sparking gas engines also
could be used but they should be placed at least 2 metres away from the opening and
on the leeward side protected from wind so that they will not be a source of friction on
any inflammable gas that might be present.
(l) The workers engaged for cleaning the manholes/sewers should be properly trained
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before allowing to work in the manhole.
(m) The workers shall be provided with Gumboots or non sparking shoes bump helmets and
gloves non sparking tools safety lights and gas masks and portable air blowers (when
necessary). They must be supplied with barrier cream for anointing the limbs before
working inside the sewer lines.
(n) Workmen descending a manhole shall try each ladder stop or rung carefully before
putting his full weight on it to guard against insecure fastening due to corrosion of the
rung fixed to manhole well.
(o) If a man has received a physical injury, he should be brought out of the sewer
immediately and adequate medical aid should be provided to him.
(p) The extent to which these precautions are to be taken depend on individual situation
but the decision of the Engineer-in-Charge regarding the steps to be taken in this
regard in an individual case will be final.
(vi) The Contractor shall not employ men and women below the age of 18 years on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are
employed on the work of lead painting, the following precaution should be taken:-
(a) No paint containing lead or lead products shall be used except in the form of paste or
ready made paint.
(b) Suitable face masks should be supplied for use by the workers when paint is applied in
the form of spray or a surface having lead paint is dry rubbed and scrapped.
(c) Overalls shall be supplied by the contractors to the workmen and adequate facilities
shall be provided to enable the working painters to wash during and on the cessation of
work.
(vii) Workmen executing work on scaffolds or other structures above specified height shall be
provided with full body harness and fall arresters.
9. An additional clause (viii)(i) of Central Public Works Department Safety Code (iv) the Contractor
shall not employ women and men below the age of 18 on the work of painting with product
containing lead in any form, wherever men above the age of 18 are employed on the work of lead
painting, the following principles must be observed for such use :
(i) White lead, sulphate of lead or product containing these pigment, shall not be used in painting
operation except in the form of pastes or paint ready for use.
(ii) Measures shall be taken, wherever required in order to prevent danger arising from the
application of a paint in the form of spray.
(iii) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scraping.
(iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation
of work.
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(v) Overall shall be worn by working painters during the whole of working period.
(vi) Suitable arrangement shall be made to prevent clothing put off during working hours being
spoiled13 by painting materials.
(vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be
subsequently verified by medical man appointed by competent authority of Chief Engineer
,UT of Ladakh .
(viii) C.P.W.D./PWD (DA) may require, when necessary medical examination of workers.
(ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be
distributed to working painters.
10. When the work is done near any place where there is risk of drowning, all necessary equipments
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provision, should be made for prompt first aid treatment of all
injuries likely to be obtained during the course of the work.
11. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions :-
(i) (a) These shall be of good mechanical construction, sound materials and adequate
strength and free from patent defects and shall be kept repaired and in good working
order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength, and free from patent defects.
(ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person
under the age of 21 years should be in charge of any hoisting machine including any
scaffolding winch or give signals to operator.
(iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley
block used in hoisting or as means of suspension, the safe working load shall be
ascertained by adequate means. Every hoisting machine and all gear referred to above shall
be plainly marked with the safe working load. In case of a hoisting machine having a variable
safe working load each safe working load and the condition under which it is applicable shall be
clearly indicated. No part of any machine or any gear referred to above in this paragraph shall
be loaded beyond the safe working load except for the purpose of testing.
(iv) In case of departmental machines, the safe working load shall be notified by the Electrical
Engineer-in- Charge. As regards contractor‟s machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge whenever he brings any machinery to
site of work and get it verified by the Electrical Engineer concerned.
12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances
should be provided with efficient safeguards. Hoisting appliances should be provided with such
means as will reduce to the minimum the risk of accidental descent of the load. Adequate
precautions should be taken to reduce to the minimum the risk of any part of a suspended load
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becoming accidentally displaced. When workers are employed on electrical installations which
are already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as
may be necessary should be provided. The worker should not wear any rings, watches and
carry keys or other materials which are good conductors of electricity.
13. All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed
while it is in use. Adequate washing facilities should be provided at or near places of work.
14. These safety provisions should be brought to the notice of all concerned by display on a notice
board at a prominent place at work spot. The person responsible for compliance of the safety
code shall be named therein by the contractor.
15. To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer or Engineer-
in-Charge of the department or their representatives.
16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the
contractor from the operations of any other Act or Rule in force in the Republic of India.
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7.2 PWD UT of Ladakh Rules for the Protection of Health and Sanitary Arrangements for
Workers Employed by P.W.D UT of Ladakh or its Contractors
1. APPLICATION
These rules shall apply to all buildings and construction works in charge of PWD of UT of Ladakh
in which twenty or more workers are ordinarily employed or are proposed to be employed in any
day during the period during which the contract work is in progress.
2. DEFINITION
Work place means a place where twenty or more workers are ordinarily employed in connection with
construction work on any day during the period during which the contract work is in progress.
3. FIRST-AID FACILITIES
(i) At every work place, there shall be provided and maintained, so as to be easily accessible
during working hours, first-aid boxes at the rate of not less than one box for 150 contract
labour or part thereof ordinarily employed.
(ii) The first-aid box shall be distinctly marked with a red cross on white back ground and shall
contain the following equipment:-
(a) For work places in which the number of contract labour employed does not exceed 50-
Each first-aid box shall contain the following equipments :-
1. 6 small sterilised dressings.
2. 3 medium size sterilised dressings.
3. 3 large size sterilised dressings.
4. 3 large sterilised burn dressings.
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5. 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.
6. 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration
indicated on the label.
7. 1 snakebite lancet.
8. 1 (30 gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service
and Labour Institutes, Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution.
(b) For work places in which the number of contract labour
exceed 50. Each first-aid box shall contain the following
equipments.
1. 12 small sterilised dressings.

2. 6 medium size sterilised dressings.
6 large size sterilised dressings
1. 6 large size sterilised burn dressings.
2. 6 (15 gms.) packets sterilised cotton wool.
3. 1 (60 ml.) bottle containing a two per cent alcoholic solution iodine.
4. 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration
indicated on the label.
5. 1 roll of adhesive plaster.
6. 1 snake bite lancet.
7. 1 (30 gms.) bottle of potassium permanganate crystals.
8. 1 pair scissors.
9. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service
and Labour Institutes /Government of India.
10. A bottle containing 100 tablets (each of 5 gms.) of aspirin.
11. Ointment for burns.
12. A bottle of suitable surgical antiseptic solution.
(iii) Adequate arrangements shall be made for immediate recoupment of the equipment when
necessary.
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(iv) Nothing except the prescribed contents shall be kept in the First-aid box.
(v) The first-aid box shall be kept in charge of a responsible person who shall always be readily
available during the working hours of the work place.
(vi) A person in charge of the First-aid box shall be a person trained in First-aid treatment in the
work places where the number of contract labour employed is 150 or more.
(vii) In work places where the number of contract labour employed is 500 or more and hospital
facilities are not available within easy distance from the works. First-aid posts shall be
established and run by a trained compounder. The compounder shall be on duty and shall be
available at all hours when the workers are at work.
(viii) Where work places are situated in places which are not towns or cities, a suitable motor
transport shall be kept readily available to carry injured person or person suddenly taken ill to
the nearest hospital.
4. DRINKING WATER
(i) In every work place, there shall be provided and maintained at suitable places, easily
accessible to labour, a sufficient supply of cold water fit for drinking.
(ii) Where drinking water is obtained from an Intermittent public water supply, each work place shall
be provided with storage where such drinking water shall be stored.
(iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine
drain or other source of pollution. Where water has to be drawn from an existing well which is
within such proximity of latrine, drain or any other source of pollution, the well shall be
properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely
closed in and be provided with a trap door which shall be dust and waterproof.
(iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and
opened only for cleaning or inspection which shall be done at least once a month.
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5. WASHING FACILITIES
(i) In every work place adequate and suitable facilities for washing shall be provided and
maintained for the use of contract labour employed therein.
(ii) Separate and adequate cleaning facilities shall be provided for the use of male and female
workers.
(iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic
condition.
6. LATRINES AND URINALS

(i) Latrines shall be provided in every work place on the following scale namely :-
(a) Where female are employed, there shall be at least one latrine for every 25 females.
(b) Where males are employed, there shall be at least one latrine for every 25 males.
Provided that, where the number of males or females exceeds 100, it shall be sufficient if
there is one latrine for 25 males or females as the case may be upto the first 100, and one
for every 50 thereafter.
(ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a
proper door and fastenings.
(iii) Construction of latrines: The inside walls shall be constructed of masonry or some suitable
heat-resisting nonabsorbent materials and shall be cement washed inside and outside at
least once a year, Latrines shall not be of a standard lower than borehole system.
(iv) (a) Where workers of both sexes are employed, there shall be displayed outside each block
of latrine and urinal, a notice in the language understood by the majority of the workers
“For Men only” or “For Women Only” as the case may be.
(b) The notice shall also bear the figure of a man or of a woman, as the case may be.
(v) There shall be at least one urinal for male workers upto 50 and one for female workers upto fifty
employed at a time, provided that where the number of male or female workmen, as the case
may be exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females
upto the first 500 and one for every 100 or part thereafter.
(vi) (a) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and
sanitary condition at all times.
(b) Latrines and urinals other than those connected with a flush sewage system shall
comply with the requirements of the Public Health Authorities.
(vii) Water shall be provided by means of tap or otherwise so as to be conveniently accessible in
or near the latrines and urinals.
(viii) Disposal of excreta :- Unless otherwise arranged for by the local sanitary authority,
arrangements for proper disposal of excreta by incineration at the work place shall be made by
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means of a suitable incinerator. Alternately excreta may be disposed of by putting a layer of
night soil at the bottom of a pucca tank prepared for the purpose and covering it with a 15 cm.
layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will
turn to manure).
(ix) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-
in-Charge to effect proper disposal of night soil and other conservancy work in respect of the
contractor‟s workmen or employees on the site. The contractor shall be responsible for
payment of any charges which may be levied by Municipal or Cantonment Authority for
execution of such on his behalf.
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7. PROVISION OF SHELTER DURING REST
At every place there shall be provided, free of cost, four suitable sheds, two for meals and the other
two for rest separately for the use of men and women labour. The height of each shelter shall not
be less than 3 metres (10 ft.) from the floor level to the lowest part of the roof. These shall be kept
clean and the space provided shall be on the basis of 0.6 sq.m. (6 sft) per head.
Provided that the Engineer-in-Charge may permit subject to his satisfaction, a portion of the
building under construction or other alternative accommodation to be used for the purpose.
8. CRECHES
(i) At every work place, at which 20 or more women worker are ordinarily employed, there shall
be provided two rooms of reasonable dimensions for the use of their children under the age of
six years. One room shall be used as a play room for the children and the other as their
bedroom. The rooms shall be constructed with specifications as per clause 19H (ii) a,b & c.
(ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation.
There shall be adequate provision of sweepers to keep the places clean.
(iii) The contractor shall supply adequate number of toys and games in the play room and sufficient
number of cots and beddings in the bed room.
(iv) The contractor shall provide one ayaa to look after the children in the creche when the number
of women workers does not exceed 50 and two when the number of women workers exceed
50.
(v) The use of the rooms earmarked as creches shall be restricted to children, their attendants and
mothers of the children.
9. CANTEENS
(i) In every work place where the work regarding the employment of contract labour is likely to
continue for six months and where in contract labour numbering one hundred or more are
ordinarily employed, an adequate canteen shall be provided by the contractor for the use of
such contract labour.
(ii) The canteen shall be maintained by the contractor in an efficient manner.
(iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places
separately for workers and utensils.
(iv) The canteen shall be sufficiently lighted at all times when any person has access to it.
(v) The floor shall be made of smooth and impervious materials and inside walls shall be lime-
washed or colour washed at least once in each year.
Provided that the inside walls of the kitchen shall be lime-washed every four months.
(vi) The premises of the canteen shall be maintained in a clean and sanitary condition.
(vii) Waste water shall be carried away in suitable covered drains and shall not be allowed to
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accumulate so as to cause a nuisance.
(viii) Suitable arrangements shall be made for the collection and disposal of garbage.
(ix) The dining hall shall accommodate at a time 30 per cent of the contract labour working at a
time.
The floor area of the dining hall, excluding the area occupied by the service counter and any furniture
except tables and chairs shall not be less than one square metre (10 sft) per diner to be accommodated as
prescribed in sub-Rule 9
(x) a) A portion of the dining hall and service counter shall be partitioned off and reserved
for women workers in proportion to their number.
(b) Washing places for women shall be separate and screened to secure privacy.
(xi) Sufficient tables stools, chair or benches shall be available for the number of diners to be
accommodated as prescribed in sub-Rule 9.
(xii) (a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and
any other equipments necessary for the efficient running of the canteen.
2. The furniture utensils and other equipment shall be maintained in a clean and hygienic
condition.
(b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided and
maintained.
2. A service counter, if provided, shall have top of smooth and impervious material.
3. Suitable facilities including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipments.
(xiii) The food stuffs and other items to be served in the canteen shall be in conformity with the
normal habits of the contract labour.
(xiv) The charges for food stuffs, beverages and any other items served in the canteen shall be
based on „No profit, No loss‟ and shall be conspicuously displayed in the canteen.
(xv) In arriving at the price of foodstuffs, and other article served in the canteen, the following items
shall not be taken into consideration as expenditure namely:-
(a) The rent of land and building.
(b) The depreciation and maintenance charges for the building and equipments provided for the
canteen.
(c) The cost of purchase, repairs and replacement of equipments including furniture,
crockery, cutlery and utensils.
(d) The water charges and other charges incurred for lighting and ventilation.
(e) The interest and amounts spent on the provision and maintenance of equipments
provided for the canteen.
(xvi) The accounts pertaining to the canteen shall be audited once every 12 months by registered
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accountants and auditors.
10. ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malarial instructions given to him by
the Engineer- in-Charge including the filling up of any borrow pits which may have been dug by
him.
11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form
an integral part of the contracts.
12. AMENDMENTS
PWD UT of Ladakh , from time to time, add to or amend these rules and issue directions - it may
consider necessary for the purpose of removing any difficulty which may arise in the administration
thereof.
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7.3 PWD UT of Ladakh Contractor's Labour Regulations
1. SHORT TITLE
These regulations may be called the PWD UT of Ladakh Contractors Labour Regulations.
2. DEFINITIONS
(i) Workman means any person employed by PWD or its contractor directly or indirectly
through a subcontractor with or without the knowledge of the PWD UT of Ladakh to do any
skilled, semiskilled or unskilled manual, supervisory, technical or clerical work for hire or
reward, whether the terms of employment are expressed or implied but does not include any
person :-
(a) Who is employed mainly in a managerial or administrative capacity : or
(b) Who, being employed in a supervisory capacity draws wages exceeding five hundred
rupees per mensem or exercises either by the nature of the duties attached to the office
or by reason of powers vested in him, functions mainly of managerial nature: or
(c) Who is an out worker, that is to say, person to whom any article or materials are given
out by or on behalf of the principal employers to be made up cleaned, washed, altered,
ornamental finished, repaired adopted or otherwise processed for sale for the purpose
of the trade or business of the principal employers and the process is to be carried out
either in the home of the out worker or in some other premises, not being premises under
the control and management of the principal employer.
No person below the age of 14 years shall be employed to act as a workman.
(ii) Fair Wages means wages whether for time or piece work fixed and notified under the
provisions of the Minimum Wages Act from time to time.
(iii) Contractors shall include every person who undertakes to produce a given result other than a
mere supply of goods or articles of manufacture through contract labour or who supplies
contract labour for any work and includes a subcontractor.
(iv) Wages shall have the same meaning as defined in the Payment of Wages Act.
3. (i) Normally working hours of an adult employee should not exceed 9 hours a day. The working
day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more
than 12 hours on any day.
(ii) When an adult worker is made to work for more than 9 hours on any day or for more than 48
hours in any week, he shall be paid over time for the extra hours put in by him at double the
ordinary rate of wages.
(iii) (a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance with
the provisions of the Minimum Wages (Central) Rules 1960 as amended from time to time
irrespective of whether such worker is governed by the Minimum Wages Act or not.
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(b) Where the minimum wages prescribed by the Government under the Minimum Wages
Act are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to
rest day wages at the rate applicable to the next preceding day, provided he has worked
under the same contractor for a continuous period of not less than 6 days.
(c) Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on
a normal weekly holiday, he shall grant a substituted holiday to him for the whole day on
one of the five days immediately before or after the normal weekly holiday and pay
wages to such worker for the work performed on the normal weekly holiday at overtime
rate.
4. DISPLAY OF NOTICE REGARDING WAGES ETC.

The contractor shall before he commences his work on contract, display and correctly maintain and
continue to display and correctly maintain in a clear and legible condition in conspicuous places
on the work, notices in English and in the local Indian languages spoken by the majority of the
workers giving the minimum rates of wages fixed under Minimum Wages Act, the actual wages
being paid, the hours of work for which such wage are earned, wages periods, dates of payments of
wages and other relevant information as per Appendix „III‟.
5. PAYMENT OF WAGES
(i) The contractor shall fix wage periods in respect of which wages shall be payable.
(ii) No wage period shall exceed one month.
(iii) The wages of every person employed as contract labour in an establishment or by a contractor
where less than one thousand such persons are employed shall be paid before the expiry of
seventh day and in other cases before the expiry of tenth day after the last day of the wage
period in respect of which the wages are payable.
(iv) Where the employment of any worker is terminated by or on behalf of the contractor the wages
earned by him shall be paid before the expiry of the second working day from the date on
which his employment is terminated.
(v) All payment of wages shall be made on a working day at the work premises and during the
working time and on a date notified in advance and in case the work is completed before the
expiry of the wage period, final payment shall be made within 48 hours of the last working day.
(vi) Wages due to every worker shall be paid to him direct by contractor through Bank or ECS or
online transfer to his bank account.
(vii) All wages shall be paid through Bank or ECS or online transfer.
(viii) Wages shall be paid without any deductions of any kind except those specified by the Central
Government by general or special order in this behalf or permissible under the Payment of
Wages Act 1956.
(ix) A notice showing the wages period and the place and time of disbursement of wages shall be
displayed at the place of work and a copy sent by the contractor to the Engineer-in-Charge
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under acknowledgment.
(x) It shall be the duty of the contractor to ensure the disbursement of wages through bank account
of labour.
(xi) The contractor shall obtain from the Junior Engineer or any other authorised representative of the
Engineer- in-Charge as the case may be, a certificate under his signature at the end of the
entries in the “Register of Wages” or the “Wage-cum-Muster Roll” as the case may be in the
following form:-
(xii) “Certified that the amount shown in column No ................................ has been paid to the
workman concerned through bank account of labour on ................................ at………”
6. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES

(i) The wages of a worker shall be paid to him without any deduction of any kind except the
following:-
(a) Fines
(b) Deductions for absence from duty i.e. from the place or the places where by the terms
of his employment he is required to work. The amount of deduction shall be in proportion
to the period for which he was absent.
(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for
custody or for loss of money or any other deduction which he is required to account, where
such damage or loss is directly attributable to his neglect or default.
(d) Deduction for recovery of advances or for adjustment of overpayment of wages,
advances granted shall be entered in a register.
(e) Any other deduction which the Central Government may from time to time allow.
(ii) No fines should be imposed on any worker save in respect of such acts and omissions on his
part as have been approved of by the Chief Labour Commissioner.
Note :- An approved list of Acts and Omissions for which fines can be imposed is enclosed at
Appendix-X
(iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from
his wages until the worker has been given an opportunity of showing cause against such fines
or deductions.
(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not
exceed an amount equal to three paise in a rupee of the total wages, payable to him in
respect of that wage period.
(v) No fine imposed on any worker shall be recovered from him by instalment, or after the expiry of
sixty days from the date on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect
of which it was imposed.
7. LABOUR RECORDS
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(i) The contractor shall maintain a Register of persons employed on work on contract in Form
XIII of the CL (R&A) Central Rules 1971 (Appendix IV)
(ii) The contractor shall maintain a Muster Roll register in respect of all workmen employed by him
on the work under Contract in Form XVI of the CL (R&A) Rules 1971 (Appendix V).
(iii) The contractor shall maintain a Wage Register in respect of all workmen employed by him
on the work under contract in Form XVII of the CL (R&A) Rules 1971 (Appendix VI).
(iv) Register of accident - The contractor shall maintain a register of accidents in such form as
may be convenient at the work place but the same shall include the following particulars:
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex
(d) Age
(e) Nature of accident and cause of accident.
(f) Time and date of accident.
(g) Date and time when admitted in Hospital,
(h) Date of discharge from the Hospital.
(i) Period of treatment and result of treatment.
(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(k) Claim required to be paid under Workmen‟s Compensation Act.
(l) Date of payment of compensation.
(m) Amount paid with details of the person to whom the same was paid.
(n) Authority by whom the compensation was assessed.
(o) Remarks
(v) The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971
(Appendix-XI)
The contractor shall display in a good condition and in a conspicuous place of work the
approved list of acts and omissions for which fines can be imposed (Appendix-X)
(vi) The contractor shall maintain a Register of deductions for damage or loss in Form XX of the
CL (R&A) Rules 1971 (Appendix-XII)
(vii) The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A)
Rules 1971 (Appendix-XIII)
(viii) The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A)
Rules 1971 (Appendix-XIV)
6. ATTENDANCE CARD-CUM-WAGE SLIP

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(i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by
him in the specimen form at (Appendix-VII)
(ii) The card shall be valid for each wage period.
(iii) The contractor shall mark the attendance of each workman on the card twice each day, once
at the commencement of the day and again after the rest interval, before he actually starts
work.
(iv) The card shall remain in possession of the worker during the wage period under reference.
(v) The contractor shall complete the wage slip portion on the reverse of the card at least a day
prior to the disbursement of wages in respect of the wage period under reference.
(vi) The contractor shall obtain the signature or thumb impression of the worker on the wage slip at
the time of disbursement of wages and retain the card with himself.
9. EMPLOYMENT CARD
The contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central Rules 1971 to
each worker within three days of the employment of the worker (Appendix-VIII).
10. SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor shall issue to the
workman whose services have been terminated, a Service certificate in Form XV of the CL (R&A)
Central Rules 1971 (Appendix-IX)
11. PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations Nos. 6 & 7 shall be preserved in original for
a period of three years from the date of last entries made in them and shall be made available for
inspection by the Engineer-in-Charge or Labour Officer or any other officers authorised by the
Ministry of Urban Development in this behalf.
12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY

The Labour Officer or any person authorised by Central Government on their behalf shall have
power to make enquires with a view to ascertaining and enforcing due and proper observance of
Fair Wage Clauses and the Provisions of these Regulations. He shall investigate into any
complaint regarding the default made by the contractor or subcontractor in regard to such
provision.
13. REPORT OF LABOUR OFFICER

The Labour Officer or other persons authorised as aforesaid shall submit a report of result of his
investigation or enquiry to the Executive Engineer concerned indicating the extent, if any, to which the
default has been committed with a note that necessary deductions from the contractor‟s bill be
made and the wages and other dues be paid to the labourers concerned. In case an appeal is
made by the contractor under Clause 13 of these regulations, actual payment to labourers will be
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made by the Executive Engineer after the Superintending Engineer has given his decision on such
appeal.
(i) The Executive Engineer shall arrange payments to the labour concerned within 45 days from
the receipt of the report form the Labour Officer or the Superintending Engineer as the case
may be.
14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER

Any person aggrieved by the decision and recommendations of the Labour Officer or other person
so authorised may appeal against such decision to the Superintending Engineer concerned within
30 days from the date of decision, forwarding simultaneously a copy of his appeal to the
Executive Engineer concerned but subject to such appeal, the decision of the officer shall be final
and binding upon the contractor.
15. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER

(i) A workman shall be entitled to be represented in any investigation or enquiry under these
regulations by:-
(a) An officer of a registered trade union of which he is a member.
(b) An officer of a federation of trade unions to which the trade union referred to in clause (a) is
affiliated.
(c) Where the employer is not a member of any registered trade union, by an officer of a
registered trade union, connected with the industry in which the worker is employed or by
any other workman employed in the industry in which the worker is employed.
(ii) An employer shall be entitled to be represented in any investigation or enquiry under these
regulations by :-
(a) An officer of an association of employers of which he is a member.
(b) An officer of a federation of associations of employers to which association referred to in
clause (a) is affiliated.
(c) Where the employers is not a member of any association of employers, by an officer of
association of employer connected with the industry in which the employer is engaged or
by any other employer, engaged in the industry in which the employer is engaged.
(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or
enquiry under these regulations.
16. INSPECTION OF BOOKS AND SLIPS

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to
his agent at a convenient time and place after due notice is received or to the Labour Officer or any
other person, authorised by the Central Government on his behalf.
17. SUBMISSIONS OF RETURNS

The contractor shall submit periodical returns as may be specified from time to time.
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18. AMENDMENTS
PWD UT of ladakh may from time to time add to or amend the regulations and on any question as to the
application/Interpretation or effect of those regulations the decision of the Superintending Engineer
concerned shall be final
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SECTION – 8
MATERIALS AND TESTING
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SECTION 8
MATERIALS AND TESTING
8.1 SAMPLES OF MATERIALS
8.1.1 All materials to be provided in subject contract shall be ISI marked. In cases where ISI
marked materials are not available, materials superior or conforming to BIS standards and
approved by the Project Manager shall be used. Materials for which manufacturers names
have been mentioned in contract, makes as approved from list of manufacturers mentioned
in contract shall be provided. The manufacturers having ISI marked material shall be
preferred.
8.2 Approval of Materials

All materials proposed by the contractor to be used in the project works are to be approved by the
Engineer-in-Charge. In general, there are four types of materials i.e., Natural Materials, Processed
Materials, Manufactured Materials and Designed Materials. Approval of each of these material
types is required, however the requirements for obtaining approval of materials for each type differs
slightlZy.
8.2.1 Approval of Natural Materials

Natural materials are mined (i.e., excavated) and hence the first step, following assurance that the
material(s) is acceptable for its intended purpose, is to obtain approval for the Borrow Area or
Quarry. Where quarry is not approved as per project requirements, the source of procurement of
material may be approved.
Approval of the material for construction is then obtained by submittal of test results for all tests
required as per the Specifications (i.e., to prove that the material meets all the desired properties), and, in
some cases, by construction of trial sections to prove that this material can be placed in the field so as
to attain the required field properties (e.g. to meet minimum density, etc.)
8.2.2 Approval of Processed Materials

Approval of processed materials follows that noted above for “natural” materials, except that
usually the specifications are tighter (e.g. the material may also have to meet stringent gradation
limits), and a greater variety of tests (and production/storage) conditions are required to be met.
8.2.3 Approval of Manufactured Materials

Approval of manufactured materials, based on specific Specifications requirements, is generally
given in two stages.
8.2.3.1 Initial Approval – given prior to receipt of the materials based on submittal of samples of
manufactured Materials, appropriate Manufacturer‟s test reports.
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Final Approval – given based on initial approval plus satisfactory results being obtained for all “acceptance”
tests required by the Specifications, or as directed by the Engineer
21
8.2.4 Approval of Quarries and Borrow Areas
The Contractor is to obtain approval from the Engineer-in-Charge for each Quarry and Borrow
Area to be used in the project prior to commencement of quarrying and/or borrow area
excavation activities.
8.3 Approval of Designed Mixes/Materials

Approval of “designed” materials for the project concerns those mix designs for Cement
Concrete, Asphaltic Concrete etc. required in the project. Due to the complexity of these
“mixed” materials, and the plants for producing the range of material sizes, final approval is
deferred until completion of the following steps:
8.3.1.1 Approval of sources for each of the manufactured material, processed material
constituents etc. to be included in the final mix design.
8.3.1.2 Tentative approval of a laboratory-based mix design, based on a mixture of approved
materials so that the mixture meets all Specifications requirements.
8.3.1.3 Tentative approval of a plant mix design, based on proportioning of aggregate bins,
materials and manufactured materials to closely approximate the proportioning of
material types/sizes finalized based on the laboratory-based mix design so that the
mixture meets all Specifications requirements.
8.3.1.4 Conduct trial of works using the tentatively approved plant mix design and placing the
mixture in accordance with an approved construction methodology that conforms to
Specifications requirements.
8.3.1.5 Based on successful laying of the mixture in accordance to the approved method
statement, conformance of the placed mixture to required placing temperatures, levels and
finish, etc. and conformance to QC requirements, the QA/Material Engineer shall submit
proposal for final approval of mix/ material to the Engineer-in-Charge.
8.3.2 Revocation (withdrawal) of Material Approvals

Following approval of the job mixture (i.e. the job mix formula), the Material/QA Engineer, and all field
support staff are to continue to monitor both the test results and the visual characteristics of the
approved mix as placed to identify at an early stage any significant change in the mix design that
may adversely influence the adherence of the approved mix design to the Specifications. A new
mix design (or adjustment of the plant proportioning of materials to re- establish the approved job
mix formula) will be required when it is observed that significant changes in the mix design
properties are causing the mixture to no longer meet all Specification requirements. In addition, a new
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mix design will be required when either the approval of a material source or approval of one of the
materials is revoked (i.e. withdrawn).
8.4 SHOP DRAWINGS
8.4.1 Shop/fabrication drawings shall be prepared by the contractor for all specialized items of
work as indicated in the specifications before starting manufacturing of the equipment. These
shall be carefully prepared in accordance with the specifications and drawings and best
trade practices and shall contain all the relevant information required.
8.4.2 Unless otherwise mentioned, the contractor shall submit the shop drawings at least 6 weeks
before the commencement of works for the prior approval of the PM. Before submission, the
contractor shall check the shop drawings and ensure that these are correct, complete and
drawn to the required scale and fully coordinated with all relevant disciplines.
8.5 On Completion of Project –As Built Drawings and Documents cpwd clause QA 2022
Upon completion of each Contract Section, and the completion of the Project, there are several
documents to be prepared and submitted by the contractor. These documents may include the
following:
8.5.1.1 As-built drawings/Completion plans
8.5.1.2 Quality Assurance Records
8.5.1.3 Final quantities and Final bill amounts
8.5.1.4 Contract Documentation
Although final documentation is to be submitted at the end of Contract Section/Project is completed but
they have to be prepared as work progresses, and finalized when works are nearing completion
8.6 Cement –Testing ,Storage & Documentation
8.6.1 TESTING OF CEMENT : The contractor shall submit the manufacturer's test certificate in
original or authenticated copy thereof alongwith the Test Sheet giving the result of each
physical test as applicable and the chemical composition of the cement, duly signed by the
manufacturer with each consignment clearly bringing out lot No. The Project Manager shall
record these details in the cement acceptance register (Appx „B‟) after due verification. The
PM shall also organize independent testing of random samples of cement drawn from
various lots from the National Test House, SEMT, Regional Research Laboratories,
Government approved laboratories as per IS: 3535 - 1986 (Method of sampling Hydraulic
cement), IS: 4031 (Method of Physical test for Hydraulic Cement) and IS: 4032-1985
(Method of chemical analysis of Hydraulic cement). In case cement test result does not fall
within the acceptable limits, respective consignment of cement shall be rejected and shall be
removed by the contractor within 24 hrs from the site. The cost of tests shall be borne by the
contractor irrespective of status of the results and no claim shall be entertained on this
account.
8.6.1.1 Following mandatory tests shall be carried out for cement procured by the contractor for
each lot:-
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(i) Initial and final setting time.
(ii) Soundness test.
(iii) Compressive strength test at 3, 7 & 28 days as specified in relevant IS code.
8.6.2 STORAGE OF CEMENT
Cement shall be stored in leak proof godown over dry platform of at least 20 cm height in such a
manner as to prevent deterioration due to moisture or intrusion of foreign matter. In case of store
rooms, the stacks should be at least 20 cm above from floors and away from walls. Inspections
shall be carried out once a day by the DEPM Consultant and every week by the Engineer . It shall
be ensured by the Project Manager that tested and untested cement are segregated and stored
separately with distinct identification. The cement godown shall be provided with two locks on
each door. The key of one lock at each door shall remain with the Project Manager or his
representative and that of the other lock with the contractor's authorised representative at site of
works so that cement is removed from the godown only according to daily requirements with the
knowledge of both the parties. Cement for not more than two months requirement for structural
works and three months requirement for all other works shall be procured and held in stock to
avoid its deterioration. Any cement which is held in stock for more than two months shall not be
used for structural works and any cement which is held in stock for more than three months shall
not be used for all other works and shall be removed from site at the Contractor‟s cost.
8.6.3 DOCUMENTATION
The contractor shall submit original purchase vouchers from the manufacturer for the total
quantity of cement procured under each consignment to be incorporated in the work. All
consignments received at the work site shall be inspected by Engineer alongwith the relevant
documents before acceptance. The original purchase vouchers and the Test Certificates shall be
defaced by the Engineer and kept on record in the office of Engineer duly authenticated .
8.7 Steel –Testing ,Storage & Documentation
8.7.1 TESTING OF STEEL
The manufacturer is to carry out inspection and testing of steel in accordance with the
relevant BIS provisions. The contractor shall submit the manufacturer‟s test Certificate in
original alongwith the Test sheet giving the results of each mechanical test as applicable and
the chemical composition of the steel, or authorized copy thereof duly signed by the
manufacturer with each consignment. The Engineer shall record these details in Steel
Register after due verification.
8.7.2 STORAGE
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Steel of different sizes shall be stacked separately. For each classification of steel, separate
areas shall be earmarked. Steel shall be marked with distinct painting marks for each
identification. All steel shall be so stored that it is always at least 15cm above the GL. Steel
shall be stored in a manner so as to prevent distortion and corrosion. Any section, that has
deteriorated and corroded or if considered defective by Project Manager, shall not be used in
the work and shall be removed by the contractor without any extra cost. It will be the
responsibility of the contractor to make sure that all possible arrangements are made for the
safe custody of the steel. In case of any loss of steel, only contractor will be responsible and
the loss will/shall be made good without any delay or claim whatsoever.
8.7.3 DOCUMENTATION
The contractor shall submit original purchase vouchers from the manufacturer for the total
quantity of steel supplied under each consignment to be incorporated in the work. All
consignment received at the work site shall be inspected by the Engineer alongwith the
relevant documents .. The original vouchers and Test Certificates after verification shall be
defaced by the Engineer and kept on record in the site office
8.8 Field Testing Laboratory

The Field-Testing Laboratory, including all furniture, testing equipment and apparatus as
required by the Specifications is to be provided and maintained by the Contractor together with
the provision of all necessary utilities (e.g. electricity, water, sewerage and drainage). The design
and layout of the laboratory is to be decided in consultation with the Engineer- in-Charge. It is the
responsibility of the Contractor to ensure that the laboratory is proficiently guarded at all times of
the day and night (i.e. to control access and maintain security), is cleaned daily and is properly
maintained.
Testing equipment and apparatus are to be initially approved, and subsequently periodically
checked, by the Engineer to assure proper operation, accuracy, correct calibration and complete
conformance to all Specifications requirements. Likewise, all testing procedures detailed in the
Specifications and procedures instructed by the QA Engineer as part of his Quality Assurance
Plan are to be strictly adhered to by the Contractor. The Engineer is to supervise, monitor and
check all aspects of the testing procedures, including sample storage, preparation, testing and
analysis and reporting of testing results. All material testing details relating to sample preparation,
test procedure and analysis of results are to the recorded on the relevant standard testing
formats - cpwd clause QA 2022
8.9 Test Specification & Frequency

For determining that the Works conform to the Specifications and Standards, the Engineer shall
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require the Contractor to carry out or direct to be carried out, tests, at such time and frequency
and in such manner as specified in the Agreement and in accordance with Good Industry
Practice for quality assurance. Frequency and the manner in which tests shall be conducted
shall be in accordance with the relevant Contract Documents, CPWD specifications, BIS
codes, IRC codes, MoRTH Specifications, International codes, or Manufacturer‟s specifications in
this order of preference. A testing plan giving the testing frequency, standards, acceptance criteria
shall be included in the QAP (Quality assurance Plan) prepared by the Contractor and got
approved by the Engineer-in-Charge. List of Quality Control Tests and Acceptance Criteria,
assembled from CPWD Specifications, IRC, MoRTH and other documents are shown in the
Testing plan.
8.10 Reporting of Test Results

The test results must be recorded systematically in a register, which must be signed by the
testing authority and the representative of the Engineer if present during the tests. Testing of
either 50% of samples or as decided by NIT approving authority is to be witnessed by
representative of the Engineer.
cpwd clause QA 2022
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(Refer SOP No. 7/2) cpwd
8.11 LIST OF EQUIPMENT FOR FIELD TESTING LABORATORY
A. For Building Work
1. Balances
(i) 7 kg. to 10 kg. capacity, semi-self indicating type - accuracy 10 gm.
(ii) 500 gm. capacity, semi-self indicating type - accuracy 1 gm.
(iii) Pan balance- 5 kg. capacity - accuracy 10 gms.
2. Ovens-electrically operated, thermostatically controlled upto 110°C - sensitivity 1°C.
3. Sieves: as per IS 460-1962.
(i) I.S. sieves - 450mm internal dia, of sizes 100 mm, 80 mm, 63mm, 50 mm, 40 mm, 25
mm, 20 mm, 12.5 mm, 10 mm, 6.3 mm, 4.75mm, complete with lid and pan.
(ii) I.S. sieves- 200mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 600 microns,
425 microns, 300 microns, 212 microns, 150 microns, 90 microns, 75 microns, with lid
and pan.
4. Sieve shaker capable of 200 mm and 300 mm dia sieves, manually operated with timing switch
assembly.
5. Equipment for slump test- Slump cone, steel plate, tamping rod, steel scale, scoop.
6. Dial gauges, 25 mm travel - 0.01 mm/division least count - 2nos.
7. 100 tonnes compression testing machine, electrical-cum manually operated.
8. Graduated measuring cylinders 200 ml capacity - 3 Nos.
9. Enamel trays (for efflorescence test for bricks). (i)
300 mm × 250 mm × 40 mm- 2 nos.
(iii) Circular plates of 250 mm dia - 4 nos.
B. For Road Works
1. Balances
(i) 7 kg to 10 kg capacity, semi-self indicating type - accuracy 10 gm.
(ii) 500 gm capacity, semi-self indicating type, accuracy 1 gm.
(iii) Chemical balance, 100 gm capacity - accuracy- 0.1 gm.
(iv) Pan balance - 5 kg. capacity - 10 gm accuracy.
(v) Platform scale- 300 kg capacity.
2. Oven electrically operated, thermostatically controlled.
(i) Upto 200°C for determination of loss on heating of bitumen.
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3. Sieves as per IS 460-1962.
(i) I.S. sieves - 450 mm of internal dia of sizes 100 mm, 80mm, 63mm, 50mm, 40mm,
25mm, 20mm, 12.5mm, 10mm, 6.3mm, 1.75mm, complete with lid and pan.
(ii) I.S. sieves - 200 mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 600
microns, 425 microns, 300 microns, 212 microns, 150 microns, 90 microns and 75 microns
with lid and pan.
4. Sieves shaker capable for shaking 200mm and 300mm dia sieves, electrically operated with
timer.
5. Dial gauge
(i) 25mm travel - 0.01mm/division.
6. Load frame-5 tonnes capacity, electrically operated with speed control.
7. Aggregate impact test apparatus as per IS 2386-Part IV-1963.
8. Compaction apparatus (Proctor) as per IS 2720-Part VII-1974.
9. Modified ASHO compaction apparatus as per IS 2720-Part-III-1974.
10. Sand pouring cylinder with control funnel and tube complete as per IS 2720-Part XXVIII-1974.
11. Sampling tins with rods 100mm dia × 50mm ht., 1/2kg capacity, and miscellaneous items like
moisture tins etc.
12. Constant temperature bath for accommodating bitumen test specimen, electrically operated
and thermostatically controlled.
13. Penetrometer with automatic time controller and with adjustable weight accessories and needles
as per IS 1203-1958.
14. Oxhlet extraction apparatus complete with extraction thimbles etc.
15. Laboratory mixer, about 0.02 cu-meter capacity, electrically operated with heating jacket.
16. Hubbard field stability test apparatus complete.
17. Marshall compaction apparatus as per ASTM 1559-62T
18. Distant reading thermometers.
19. Graduated cylinder 1000 ml. capacity.
20. Enamel tray.
8.12 Site Documentation

During the currency of a project, following documents shall be maintained at site for making a
permanent record of each and every item related to the project.
Documents shall include for Test conducted at site (Material Test Register), instructions issued to
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the contractor (Site Order Book), record of working drawings issued to the contractor (Drawing
Register), Inventory of the materials at site (Materials at Site Account Register), Cement
Procurement Register ,Steel Procurement Register ,Cement consumption Register and as
directed by Engineer
Sample formats of such documents are given in the annexures. cpwd clause QA 2022
125

SECTION – 9
TECHINCAL SPECIFICATIONS
126

Section 9
TECHINCAL SPECIFICATIONS
9.1 Technical Specifications for Building Works
The work under this Contract shall be carried out in accordance with CPWD , IS Specifications and
Technical specifications for PWD UT of Ladakh in General . All works as shown in the drawings,
specifications, conditions of contract and E BOQ shall be deemed to have been covered in the prices
quoted and nothing extra shall be payable to the contractor for any reason whatsoever unless
specifically stated otherwise in the contract. Any drawing which is mentioned/referred on a drawing
forming part of the contract but not specifically mentioned in the list of drawings shall be deemed to be
forming part of the contract. In case, any item is not covered by all three above, then the decision of
„Engineer‟ shall be final.
9.2 Technical Specifications for Road Works
(a) The work under this Contract shall be carried out in accordance with CPWD , MORT& H
standards/IRC Codes, IS Specifications and Technical specifications for PWD UT of Ladakh
in General . All works as shown in the drawings, specifications, conditions of contract and E
BOQ shall be deemed to have been covered in the prices quoted and nothing extra shall be
payable to the contractor for any reason whatsoever unless specifically stated otherwise in
the contract. Any drawing which is mentioned/referred on a drawing forming part of the
contract but not specifically mentioned in the list of drawings shall be deemed to be forming
part of the contract. In case, any item is not covered by all three above, then the decision of
(b) The Job mix formula will be got tested from NIT /IIT /Govt Testing lab and testing charges
will be borne by the agency. Job Mix Formula shall be approved bt Engineer . No
Bituminous Work shall commence without approval of Job Mix Formula
(c ) Various quality control operation will be maintained as per Clause No. 901, 902, 903 of MORT&H
(Road Wing) specification (5th revision) of latest edition and as per instructions issued by MORT&H
from time to time upto date.
127

9.3 Technical Specifications for Bridge Works
The work under this Contract shall be carried out in accordance with CPWD , IS Specifications and
Technical specifications for PWD UT of Ladakh in General . All works as shown in the drawings,
specifications, conditions of contract and E BOQ shall be deemed to have been covered in the prices
quoted and nothing extra shall be payable to the contractor for any reason whatsoever unless
specifically stated otherwise in the contract. Any drawing which is mentioned/referred on a drawing
forming part of the contract but not specifically mentioned in the list of drawings shall be deemed to be
forming part of the contract. In case, any item is not covered by all three above, then the decision of
128

SECTION – 10
FORMS AND FORMATS
129

Annexure-I
SECTION –10
FORMS AND FORMATS
Original
BID SECURITY ( BANK GUARNTEE)
WHEREAS [Name of Bidder] (hereinafter called “the
Bidder”) has submitted his bid dated [Date] for the Construction of (Name
of Contract hereinafter called “the Bid”).KNOW ALL PEOPLE by these presents that We [Name
of Bank] of [Name of Country]having our registered
office at
(hereinafter called “the Bank”)are bound
unto the
Name of Employer](hereinafter called “the Employer”)
in the sum of * for which payment well and truly to be made to
the said Employer the Bank binds himself, his successors and assigns by these presents.
SEALED with the Common Seal of the said bank this day of 20 . The conditions
of this obligation are:
1) If after Bid opening the bidder withdraws his Bid during the period of bid validity specified in
the Form of Bid. OR
2) If the Bidder having been notified of the acceptance of his Bid by the Employer during the period
of Bid validity:
a) Fails or refuses to execute the Form of Agreement in accordance with the Instructions
to Bidders, if required;
or
b) Fails or refuses to furnish the Performance Security, in accordance with the
Instruction to Bidders, or
c) Does not accept the correction of the Bid price pursuant to Clause 27.We undertake to
pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed
by him is due to him owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date ………………….**days after the end
of the validity period of the bid stated in the Instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this
Guarantee should reach the Bank not later than the above date.
DATE SIGNATURE
130

WITNESS SEAL
[Signature, Name, and Address]
* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees.
This figure should be the same as shown in Clause 16.1 of the Instructions to Bidders.
* 45 days after the end of the validity period of the Bid. Date should be inserted by the Employer
before the bidding documents are issued.
Annexure-II
(BID Validity)
UNDERTAKING
1. The undersigned do hereby undertake that our firm M/s

agree to abide by this bid for a period days for the date fixed for receiving
the
same and it shall be binding on us and may be accepted at any time before the expiration of that
period.
(Signed by an Authorized Officer of the

Firm)
Title of Officer
Time of firm
Date
131

132

Annexure-III
(Credit facility)
SAMPLE FORMAT FOR EVIDENCE OF ACCESS

TO OR AVAILABILITY OF CREDIT FACILITIES
(CLAUSE 4.2 (I) OF ITB)
BANK CERTIFICATE
This is to certify that M/s. is a reputed company

with a good financial standing.
If the contract for the work, namely is awarded to the
above firm, we shall be able to provide overdraft/ credit facilities to the extent of Rs. to meet
their working capital requirements for executing the above contract during the contract period.
(Signature)
Name of
Bank
Address of the Bank
133

Annexure-
IV AFFIDAVIT on correctness of Information furnished with
the Bid.
1. I, the undersigned, do hereby certify that all the statements made in the required attachments
are true and correct. 2.The undersigned also hereby certifies that neither our firm
M/s have abandoned any work on National
Highways in India /any other work of state Government or central Govt. Nor any contract
awarded to us for such works have been rescinded, during last five years prior to the date of
this bid.
1 That our firm has not been black listed or debarred in any state or central Govt. department
.Neither our firm has any history of litigations.
2 In case the contract for the work is awarded in our favour we shall invest a minimum cash up
to 25% of value of the contract during the implementation of work.
3 We authorise the department to seek references from our bankers
Name of bank is Branch Account No.
3. The undersigned hereby authorize (s) and request (s) any bank, person, firm or
Corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding my (our) competence and general
reputation.
4. The undersigned understand and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the
Department/Project implementing agency.
We solemnly affirm that the information give in the bid is correct to the best of my knowledge
and belief and nothing of any sort has been concealed.
Note: Affidavit to be notarized.
134

(Signed by an Authorized Officer of the Firm)
Title of Officer
Name of Firm
DATE :
Annexure-V
PERFORMANCE BANK GUARANTEE
To,
............................................................. [Name of Employer]
……………………………………………[ address of Employer]
……………………………………………………………..….
WHEREAS [name and address of

Contractor] (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No.
dated to execute [name of
Contract and brief description of Works] (hereinafter called “the
Contract”);AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a Nationalized/Scheduled bank of India for the sum specified
therein as security for compliance with his obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee.
Now therefore we hereby affirm that we are the guarantor and responsible to you on behalf of
the Contractor, up
to a total of Rs. [amount of guarantee] (Rupees *
), such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first
written demand and without cavil or argument, any sum or sums within the limits of [amount of
guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein. We hereby waive the necessity of your demanding the said
debt from the Contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in
any way release us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.
135

This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Period.
Signature and seal of the guarantor

Name and Designation
Name of the Bank
Address
Date
* An amount shall be inserted by the Guarantor, representing the percentage the contract price
specified in the contract including additional security for unbalanced Bids. If any and
denominated in Indian Rupees.
Annexure-VI
UNDERTAKING
The undersigned to hereby undertake that our firm M/s would
invest minimum cash up to 25% of the value of the work during implementation of the Contract.
(Signed by an Authorized Officer of the

Firm)
136

Title of Officer
Name of Firm
DATE :
137

Annexure-VII
INTEGRITY PACT
To,
Executive Engineer,
………………………………………
………………………………………
Sub: Submission of Tender for the work of.
Dear Sir,
I/We acknowledge that PWD UT of Ladakh is committed to follow the principles

thereof as enumerated in the Integrity Agreement enclosed with the tender/bid document.
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 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, 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
138

(Duly authorized signatory of the Bidder)
To be be signed by the bidder and same signatory competent /

authorized to sign the relevant contract on behalf of PWD.
INTEGRITY AGREEMENT
This Integrity Agreement is made at ................ on this ............ day of20 .....
BETWEEN
President of India represented through Executive Engineer,
...........................................................................................................
(Name of Division)
PWD, ......................................................................................................... ................, (Hereinafter

referred as the
(Address of Division)
„Principal/Owner‟, which expression shall unless repugnant to the meaning or context hereof include its
successors and permitted assigns)
AND
...............................................................................................................................................................
......
(Name and Address of the Individual/firm/Company)
through .............................................................................................................. (Hereinafter referred to

as the
(Details of duly authorized signatory)
“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof
include its successors and permitted assigns)
Preamble
139

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
.................................
...............................................................................................................................................................
..........
(Name of work)
hereinafter referred to as the “Contract”.
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).
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:
Article 1: Commitment of the Principal/Owner

(1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family members,
will in connection with the Tender, or the execution of the Contract, demand, take a promise
for or accept, for self or third person, any material or immaterial benefit which the person is
not legally entitled to.
(b) The 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 mentioned or if there be a substantive suspicion in this
140

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.
Article 2: Commitment of the Bidder(s)/Contractor(s)

1. It is required that each Bidder/Contractor (including their respective officers, employees and
agents) adhere to the highest ethical standards, and report to the Government / Department all
suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or
becomes aware, during the tendering process and throughout the negotiation or award of a
contract.
2. The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the Tender
process and during the Contract execution:
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal/Owner‟s employees involved in the Tender process or
execution of the Contract or to any third person any material or other benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the Tender process or during the execution of the Contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission
of bids or any other actions to restrict competitiveness or to cartelize in the bidding
process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.
Further the Bidder(s)/ 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 participate 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
141

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).
Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law or the
Contract or its established policies and laid down procedures, the Principal/Owner shall have the
following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/
Contractor accepts and undertakes to respect and uphold the Principal/Owner‟s absolute right:
1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a
transgression through a violation of Article 2 above or in any other form, such as to put his
reliability or credibility in question, the Principal/Owner after giving 14 days notice to the
contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender process or
terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from
future contract award processes. The imposition and duration of the exclusion will be
determined by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.
2. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified
the Bidder(s) from the Tender process prior to the award of the Contract or
terminated/determined the Contract or has accrued the right to terminate/determine the
Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that
may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount
of Earnest Money Deposit, Performance Guarantee and Security Deposit of the
Bidder/Contractor.
3. Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor,
or of an employee or a representative or an associate of a Bidder or Contractor which constitutes
corruption within the meaning of IPC Act, or if the Principal/Owner has substantive suspicion in
this regard, the Principal/Owner will inform the same to law enforcing agencies for further
investigation.
Article 4: Previous Transgression

142

1. The Bidder declares that no previous transgressions occurred in the last 5 years with any other
Company in any country confirming to the anticorruption approach or with Central Government or
State Government or any other Central/State Public Sector Enterprises in India that could justify
his exclusion from the Tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender
process or action can be taken for banning of business dealings/ holiday listing of the
Bidder/Contractor as deemed fit by the Principal/ Owner.
3. If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal/Owner may, at its own
discretion, revoke the exclusion prematurely.
Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in
conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s)
of the principles laid down in this agreement/Pact by any of its Subcontractors/sub-vendors.
2. The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and
Contractors.
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.
Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor
12 months after the completion of work under the contract or till the continuation of defect liability
period, whichever is more and for all other bidders, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid
despite the lapse of this Pacts as specified above, unless it is discharged/determined by the
Competent Authority, CPWD.
Article 7- Other Provisions

1. This Pact is subject to Indian Law, place of performance and jurisdiction is the Head quarters of
the Division of the Principal/Owner, who has floated the Tender.
2. Changes and supplements need to be made in writing. Side agreements have not been made.
3. If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners or
by one or more partner holding power of attorney signed by all partners and consortium members.
In case of a Company, the Pact must be signed by a representative duly authorized by board
resolution.
4. Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intensions.
143

5. It is agreed term and condition that any dispute or difference arising between the parties with
regard to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal
in accordance with this Integrity Agreement/ Pact or interpretation thereof shall not be subject to
arbitration.
Article 8- Legal and Prior Rights

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed to
be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity,
both the Parties agree that this Integrity Pact will have precedence over the Tender/Contact
documents with regard any of the provisions covered under this Integrity Pact.
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date
first above mentioned in the presence of following witnesses:
.....................................................
(For and on behalf of Principal/Owner)
.....................................................
(For and on behalf of Bidder/Contractor)
WITNESSES:
1 ............................................
(signature, name and address)
2 ............................................
(signature, name and address)
144

Place:
Dated
145

Annexure VIII
Format for Joint Bidding Agreement for Joint Venture
(To be executed on stamp paper of appropriate value)
This JOINT BIDDING AGREEMENT is entered into on this the ………………………. day of ……………
2022
AMONGST
1. ……………… having its registered office at ……………….(hereinafter referred to as the „First

Part‟- Employer which expression shall, unless repugnant to the context include its successors and
permitted assigns)
AND
2. …………. having its registered office at ………………………………. (hereinafter referred to as the

„Second Part‟ which expression shall, unless repugnant to the context include its successors and
permitted assigns)
The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
“Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) First Part – Employer ,PWD , UT of Ladakh
(hereinafter referred to as the “Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns) has invited bid by its Tender for ----
-----------------------------------------------------------------------------------------------------------------
(B) The Parties are interested in jointly bidding for the tender as member of a Joint Venture and in
accordance with the terms and conditions of the tender document in respect of the work and Id No.
(C) It is necessary condition under the pre-qualifying criteria (PQC) that the parties of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations

146

In this agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the PQC in the Notice Inviting Tender.
2. Joint Venture
(a) The parties do hereby irrevocably constitute a Joint Venture for the purposes of jointly
participating in the Bidding Process for the project.
(b)The Parties hereby undertake to participate in the Bidding Process only through this Joint
Venture and not individually and/or through any other Joint Venture constituted for this
Project, either directly on indirectly.
3. Covenants
The parties hereby undertake that in the event the Joint Venture is declared the selected
Bidder and awarded the contract, it shall perform all its obligations as the Contractor in terms
of the Contract.
4. Role of the Parties
The parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the
power of attorney from the other Party for conducting all business for and on behalf of the
Joint Venture during the Bidding Process and execution process as well as post execution
process.
(b) Party of the Second Part shall be the Member of the Joint Venture.
5. Joint and Several Liability
The parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms and conditions given in the
NIT and Tender Documents.
6. Field of expertise
The parties do hereby declare that the field of expertise of the parties are as under:-
First Party:
Second Party
147

7. Share of Work in the Project
The parties agree that the proportion of the Contract to be allocated among the parties shall
be as follows:-
First Party:
Second Party:
8. Representation of the Parties
Each Party represents to the other Party as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing all in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement:
(b) The execution, delivery and performance by such Party of this Agreement has been
authorized by all necessary and appropriate corporate or governmental action and a copy
of the extract of the charter documents and board resolution /power of attorney in favor
of the person executing this Agreement for the delegation of power and authority to
execute this Agreement on behalf of the Joint Venture party is annexed to this Agreement,
and will not, to the best of its knowledge:-
(i) Require any consent or approval not already obtained;
(ii) Violate any applicable law presently in effect and having applicability to it;
(iii) Violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;
(iv) Violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgement, order or decree or any mortgage agreement, indenture
or any other instrument to which such Party is a Party or by which such Party or
any of its properties or assets are bound or that is otherwise applicable to such Party; or
(v) Create or impose any liens, mortgages, pledges, claims, security interest, charges or
encumbrances or obligations to create a lien, charge, pledge, security, interest,
encumbrances or, mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement.
148

(c) This Agreement is the legal and binding obligation of such Party, enforceable in accordance
with its terms against it; and
(d) There is no litigation pending or, to the best od such Party‟s knowledge, threatened to which
it or any of its Affiliates is a Party that presently affects or which would have a material
adverse effect on the financial condition or prospects or business of such Party in the
fulfilment of its obligations under this agreement.
Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until completion of Defect Liability Period and in accordance with the Contract, in case the Project is
awarded to the Joint Venture. However, in case the Joint Venture does not pre-qualify for the Project or
does not get selected for award of the Project, the Agreement will stand terminated in case the Applicant
does not pre-qualify or upon return of the Bid Security by the Authority to the Bidder, as the case, may
be.
10. Miscellaneous
(a) This Joint Bidding Agreement shall be governed by Laws of India.
(b) The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIEVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD member by: SECOND PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
149

WITNESS
In the presence of :
1.
Annexure IX
Refer SOP No. 5/30)cpwd works manual 2019 p -214
GUARANTEE BOND TO BE EXECUTED BY CONTRACTORS FOR REMOVAL OF DEFECTS

AFTER COMPLETION IN RESPECT OF WATER PROOFING WORKS
The Agreement made this ....................... day of ....................... two thousand and .......................
between
....................... son of ....................... of ....................... (hereinafter called the Guarantor of the one
part) and the PRESIDENT OF INDIA (hereinafter called Government of the other part).
WHEREAS this agreement is supplementary to a contract (hereinafter called the Contract) dated
............. and made between the GUARANTOR of the one part and the Government of the other part,
whereby the Contractor, inter alia, undertook to render the buildings and structures in the said contract
recited completely water and leak-proof.
AND WHEREAS GUARANTOR agreed to give a guarantee to the effect that the said structures
will remain water and leak-proof for five years from the date of giving of water proofing treatment.
NOW THE GUARANTOR hereby guarantees that water proofing treatment given by him will
render the structures completely leak-proof and the minimum life of such water proofing treatment
shall be five years to be reckoned from the date after the maintenance period prescribed in the
contract.
150

Provided that the guarantor will not be responsible for leakage caused by earthquake or structural
defects or misuse of roof or alteration and for such purpose:
(a) Misuse of roof shall mean any operation which will damage proofing treatment, like chopping
of firewood and things of the same nature which might cause damage to the roof;
(b) Alteration shall mean construction of an additional storey or a part of the roof or construction
adjoining to existing roof whereby proofing treatment is removed in parts;
(c) The decision of the Engineer-in-Charge with regard to cause of leakage shall be final.
During this period of guarantee the guarantor shall make good all defects and in case of any defect
being found, render the building water-proof to the satisfaction of the Engineer-in-Charge at his cost,
and shall commence the work for such rectification within seven days from the date of issue of the
notice from the Engineer-in-Charge calling upon him to rectify the defects, failing which the work shall
be got done by the Department by some other contractor at the GUARANTOR'S cost and risk. The
decision of the Engineer- in-Charge as to the cost, payable by the Guarantor shall be final and binding.
That if GUARANTOR fails to execute the water proofing or commits breach thereunder then the
GUARANTOR will indemnify the Principal and his successors against all loss, damage, cost, expense
or otherwise which may be incurred by him by reason of any default on the part of the GUARANTOR
in performance and observance of this supplementary agreement. As to the amount of loss and/or
damage and/or cost incurred by the Government the decision of the Engineer-in-Charge will be final
and binding on the parties.
IN WITNESS WHEREOF these presents have been executed by the Obligor .............and by ..............
and for and on behalf of the PRESIDENT OF INDIA on the day, month and year first above written.
Signed, sealed and delivered by OBLIGOR in the presence of- 1.
2.
Signed for and on behalf of THE PRESIDENT OF INDIA by ....................... in the presence of
1.
151

Annexure-X
To:
Letter of Acceptance (Letterhead paper of the Employer)
(Name and address of the contractor)
…………………………… (Date)
Dear Sirs,
This is to notify that your Bid dated for execution: completion and maintenance
of the
(name of the contract and identification number, as given in the
152

Instruction to Bidders)for the Contract Price of Rs. (Rupees
( ) (amount is words and figures as corrected and modified
in accordance with the Instruction to Bidders1 is her by accepted by our agency.
We accept/do not accept that be appointed as the Adjudicator2. You are hereby
requested to furnish Performance Security, in the form detailed in Para 34.1 of ITB for an
amount for an amount equivalent to
Rs. within 21 days of the receipt of this letter of acceptance valid up to 28 days from
date of expiry of the Defects Liability Period i.e up to and sign the contract failing which action
as stated in clause 34.3 of “Instructions to Bidders” will be taken.
Yours faithfully
(Name of Agency)
Authorized signatory (Name & title of signatory
1. Delete “corrected and” or “and modified” if only one of these actions, Delete as corrected and
modified in accordance with the Instructions to Bidders, if corrections or modifications have not
been affected.
2. To be used only if the contractor disagrees in his Bid with the Adjudicator proposed by the
Employer in the
“Instructions to Bidders”.
Annexure-XI
To,
Issue of Notice to proceed with the work

(Letterhead of the Employer) (Date)
(Name and address of the Contractor)
Dear Sirs,
153

Pursuant to your furnishing the requisite performance security as stipulated in ITB clause 34.1
and signing of the contract for the construction of at a Bid Price
of Rs.
You are hereby instructed to proceed with the execution of the said works in accordance with
the contract documents.
Yours faithfully,
(Signature, name and
title of
Signatory authorized to
sign on behalf of
Employer)
154

Annexure-XII
Agreement
Agreement Form
This agreement made the day of between
(name and
address of Employer) (hereinafter called “the Employer)” and __
(name and address of Contractor) (hereinafter called “the Contractor” of the other part).
Whereas the Employer is desirous that the Contractor execute
(name and identification number of Contract) (hereinafter called “the Works”) and the Employer has
accepted the Bid by the Contractor for the execution and completion of such Works and the
remedying of any defects therein, at a contract price of Rs.
NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be
deemed to form and be read and constructed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
works and remedy any defects therein conformity in all aspects with the provisions of the
Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and constructed as part of this
Agreement viz:
i) Letter of Acceptance
ii) Notice to proceed with the works:
iii) Contractor‟s Bid;
iv) Contract Data:
v) Conditions of Contract : Special Conditions of Contract;
vi) Additional condition:
vii) Drawings:
viii) Bill of quantities and
ix) Any other document listed in the Contract Data as forming part of the contract.
In witnessed whereof the parties there to have caused this Agreement to be executed the day and
year first before written. The Common Seal of

155

........................................................................................was hereunto affixed in the presence of:
Signed, Sealed and Delivered by the said
.........................................................................................................................................................
........................................................................................................................................................
in the presence of:
Binding Signature of Employer..........................................................................................................

Binding Signature of Contractor.........................................................................................................
SECTION – 11
BILL OF QUANTITIES (BOQ)

Uploaded on website www.ladakh.eprocurement.gov.in
Under tender Notice No.
The Bidder shall not follow any other
template
156

The Tender inviting authority shall make it doubly sure that the advertised BOQ is correctly
framed as per the site requirement / approved scope of works so as to avoid belated
changes/variations uncalled for. Any officer found violating approved DPR/Estimate/BOQ shall
be liable for disciplinary action under rules. However, any variation necessitated during the
execution of work due to certain technical cogent reasons be resorted to only after formal
approval from the competent authority (State level Contract Committee) for carrying out such
deviation unless & otherwise specified in the scheme. The competent Authority (State level
Contract Committee) to this effect shall authorize Chief Engineer issue a variation order.
Payment for Variations: If the rates for variation items are specified in the Bill of Quantities,
the contractor shall carry out such work at the same rate. However in case any of such items
are not covered under the Bill of Quantities /Rate structure ,then in that case reasonable
rate shall be arrived at on the basis of PWD SOR 2022
/Standard data book of analysis/relevant schedule of rates as applicable which shall be
recommended by the Chief Engineer R&B department concerned and approved by State level
Contract Committee before same rates are allowed and paid for.
157

Turn Key Conditions
6.1 The Design/Drawings: -
The firm shall submit the detailed Design of the Bridge within (10) days from
the date of issue of allotment as per parameters mentioned in the notice inviting
tender and will start the work on/after approval of Design Drawings by the
Department and shall have to be got Vetted from NIT Srinagar or any other IIT‟s.
6.2 SPECIFICATIONS AND DESIGN.
The Motor-able bridge structure shall be designed for IRC Class AA loading for
required specification with RCC Deck slab. The design should also be checked for
class “A” loading. The design as well as material used shall confirm to be relevant
IRC/ISI standard specification. The clear carriage way between inner faced of the
wheel Guard will be as per required specification..
6.3 DESIGN.
i. Span = As per Required specification.
ii. Supper -Structure = Lunching of supper structure with RCC Deck slab incld. Approach
Road, approach slab,bearing, dirt wall, Both side Footpath etc.
iii. Loads = Steel structural elements plus steel plate RCC deckingetc.
iv. LiveLoad = AA Class loading.
v. Impact = As per IRCSpecifications.
vi. Occasionalloading = as per IRC Specifications such as wind seismic tractionetc.
vii. Wind load = As per IRCSpecifications.
The design consultant, responsible for designing of the bridge, must

158

have designed and completed at least 3 Nos, bridges of similar span or higher
span with similar specifications. The bidding contractor shall furnish sufficient
evidence in this regard along with other documents. The designs along with
detailed working drawings shall have to be got vetted from NIT Srinagar or any
other IIT „s.
7 SCOPE OF WORK.
i. Supply and lunching of superstructure with RCC Deck slab, approach road , Both side foot
path approach slab , bearing etc.
ii. The works shall be executed strictly as per ISI codes (Latest Edition) and
implementation/execution schedule.
iii. The progress of the work right from the day i.e. date of start as per allotment order to
the date of completion shall be Time Schedule” the contractor shall be strictly adhere
to this “Time Schedule” to be submitted before start of work.
iv. In case the progress of the work fixed in the “Time Schedule” shall fall behind due to
what-so-ever reason, the department after enforcing “Penalty clause” without any
notice to the contractor either supplement the deficiency to get the work executed
through what-so-ever means at the risk and cost of the contractor.
v. The contractor shall strictly observe and abide by the rules and regulation of the
revenue, Forest, Mulberry Sales Tax, Geology and mining department and other
department and will be directly responsible for the consequences of any
infringement. The contractor shall be abide by the rules and regulation of contract
labor (P&A) Act. 1970. This shall include beside other provision of the Act.A
license from the labor department disbursement of payment at prescribed
intervals in presence of a representative of the department and provision of
prescribed welfare amenities at site from the contract labor.
vi. The contractor will have to construct suitable store of work at his own cost or
storage of materials like cement, B.A Wire etc
Scope of work:-
Construction of Link Road Skardongdo Phuktal to Shaday From RD (0 - 24250)mtr.including
1x55 mtr span Steel girder bridge on Phuktal Nallah , 30 mtr Span Steel girder bridge at
Thangthalk Shaday Zanskar ,15 mtr span steel girder bridge at Yata Zanskar , 3 no. RCC small
bridge 11 mtr Span ,2 no. RCC Culvert 5 mtr span and 3 no. RCC Culvert 03 mtr Span by way of
Design / supply/ on Launching of super structure / Sub Structure with RCC deck slab including
both side Abutments & dewatering, signage‟s/ Km Stones etc/ Allied works ,Dirt wall
Elastomeric bearing of single lane , including testing , commissioning complete job on EPC
mode (Turn Key Basis)
1 Design / supply / fabrication /Launching of Sub & Super structure with RCC decking slab
of 55 mtr ,30 mtr and 15 Mtr span steel Truss bridge(Single line Bridge)
159

2 Sub Structure
Earth work excavation at abutments locations up to a depth as required for laying of
RCC raft
foundation in medium / hard strata (including dewatering) with provision for diversion of
River flow / coffer Dam if required.
3 Mud Mat
Providing and laying of plain cement concrete of grade M15 and of required thickness
as mud
mat below raft including side forms as required and leveling / compacting of ground
before laying of foundation consolidated, finished and cured, concrete. Incl all carriage
complete
4 RCC work in M30 grade with 20 mm nominal size of stone aggregate, crushed,
including
carriage of sand / bajree for avg 15 km by MT and cement / steel for avg 45 km by MT ,
Complete.
5 RCC work (Fe 403) including cutting, bending , binding Carriage complete Job
6 Centering / Shuttering including propping and Removal of form work., Suspended floor.
Roofs.
7 Providing and fixing Neosporin / Elastomeric bearing 12 Nos
8 Controlled Cement concrete

Providing and laying of controlled cement Concrete of following grades using 20 mm
down aggregates in raft foundations, abutments, abut caps, pedestals, return walls, dirt
walls, etc. Consolidated and cured complete, including necessary form work / shuttering
but excluding reinforcing steel. Incl all carriage complete
1) M30
11) M40
9 Reinforcing steel
Providing and fixing in position of HYSD reinforcement of grade Fe500 including
fabrication, laying and binding with 18 gauge annealed steel wire in raft foundation,
abutments, abutment caps, pedestals, dirt walls, etc. Including spot welding of
reinforcement cage in piles. Incl all carriage complete
10 Back – Filling
Back filling in foundations trenches upto the level of river bed level with excavated
material to be duly consolidated and compacted job
11 Shuttering
Providing and fixing of necessary formwork shuttering of steel plates, kit ply including
propping and circular shuttering also complete for raft foundation, abutments, shaft, abut
caps, pedestals, dirt wall etc including propping complete
12 Back Filling
Back filling behind abutment approaches to a
distance of 5 mtr from the abut shaft and to the level of RCC approach slabs with
approved stones boulders (hand packed) brought from outside the side from approved
source including carriage to site, spreading in layers not exceeding 250 mm thick
160

watering, consolidating with vibrating compactors and all incidentals complete
13 Approach road by way of Earth work :- (link road for a length of 24.25 Km from
Skardongo to Shaday Village (Carriage way 4.25mtr width )
Earth work in trench excavation lead of 50 mtr
and lift upto 1.5 mtr. All Kinds of Soil, In Soft rock & In Hard rock
14 P/L cement concrete in M10 grade with 20 mm
Size of stone aggregate, crushed. incld carriage complete.
15 Centering and shuttering Wall any thickness
16 Filling of earth / GSB / RBM including watering, rolling and carriage complete.
17 RR masonry wit hard stone with cement concrete 1:6:12 mix with cement mortor 1:6
mix . incl all carriage complete
18 Dry Random Masonry with hard stone in foundation and plinth
19 Providing and laying 300 mm dia MS pipe 6.4 mm thick of a length of 6.00 mtr, incl.
construction of Catch pits.for inlet and out let in M- 15 grade for X- drainages. Incl all
carriage complete
20 Crash Barriers and Sighage boards/ Kms Stones
21 Rock Bolting up to depth of 1.50 Mtr. incl. providing and fixing 32 mm dia steel bars up
length of 2.70 mtrs with cement mortor all complete cost of reinforcement.
22 Providing and Applying of two coats of Superior Steel paint over steel Primer to all
exposed surface of steel structural
23 Providing and laying 50 mm thick coping in 1:2:4 mix of crushed aggregate.
.
16. TERMS OF PAYMENT./Mode of Payment
a. No extra payment shall be made to the firm for design/drawing of the bridge /abutments/Approach
Road duly vetted from the NIT/ IIT not below the Rank of HOD of Structural Engineer which shall
have to be submitted to Divisional Office ,before start of the work..
b. Twenty percent (20%) of the total allotted cost shall be paid when the Both side abutments at 03
Spots and Approach Road 50% is Completed.
c. Thirty Five (35%) of the Total allotted cost shall be paid when the Both side abutments at 03 spots
and approach road is 100% completed.
d. Sixty Five percent (65%) of the total allotted cost shall be paid when the material of super
structure damped at 03 bridge spots
e. Eighty percent (80%) of the total allotted cost shall be paid after completion of Lunching of Supper
structure
f. Hundred percent (90%) of total cost shall be paid only after successful completion and
commissioning of the Bridge as well as approach road is completed in all respect.
However, ten percent shall be kept as security deposit from running bills which shall be
released after successfully completion of defect liability period of (03)Three Years.
161

162

163

164

Signature Not Verified
165
Digitally signed by RAHMATULLA WANI
Date: 2023.05.13 12:43:47 IST
Location: Ladakh UT

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THE ADMINISTRATION OF

SBD PWD UT OF LADAKH 2022

1.The Bidding document Consisting of qualifying information, eligibility criteria, specifications,

SBD PWD UT OF LADAKH 2022

In form of CDR/FDR/BG to be uploaded

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

Tender Notice No.: NIT No. e-Tendering Dated:

Value of work :Rs. Lacs

Bid Security:Rs. Lacs

Time for completion:

Cost of tender document: Rs.

Position of funds : Allocated under……….

Executive Engineer, PW(R&B)Dept.

SBD PWD UT OF LADAKH 2022

INSTRUCTIONS TO BIDDERS (ITB)

SBD PWD UT OF LADAKH 2022

A 20 Deadline for Submission of Bids

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

4.5 Base year and Enhancement factors.:-

(I) Achieved an average financial turnover on execution of Civil Engineering works

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

LIST OF minimum PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

A. For Road Work:

S. Type of Equipment 5 Crores 15 crores Rs.30.00

SBD PWD UT OF LADAKH 2022

S. Type of Equipment 5 Crores 15 crores Rs.30.00

SBD PWD UT OF LADAKH 2022

12 DG Sets of different Capacities ( 1 2 4

16 Flat Bed Trailers 1 1 1

19 Stressing Equipment‟s, Jacks, pumps etc For works involving Pre/Post

20 Shuttering Material MS Plates etc Min10000Sqm and above in proportion of

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

8. Content of Bidding Documents

1. Notice Inviting Tender

9. Clarification of Bidding Documents

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

12. Document Comprising the Bid

13. Bid Prices:

SBD PWD UT OF LADAKH 2022

14. Currencies of Bid and Payment

15. Bid Validity

16. Bid Security/ Earnest Money Deposit (EMD)

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022

18. Bidding through E-Tendering System:

19. Electronic Submission of Bids:

SBD PWD UT OF LADAKH 2022

21. Modification/ Withdrawal/Late Bids

SBD PWD UT OF LADAKH 2022

SBD PWD UT OF LADAKH 2022