Contract Definition: The contract includes various documents like tender forms, conditions, schedules,

specifications, and drawings, which collectively form the agreement between the parties involved.

Contractor's Responsibilities:

 The contractor is responsible for executing the works described in the contract documents.
 The works include all necessary labor, materials, tools, equipment, and transport.
 The contractor must ensure that all persons employed on the works understand the application of
the Indian Official Secrets Act, 1923.

Confidentiality:

 The contract is confidential and should only be used by the contractor for the purpose of the
contract.
 The contractor receives copies of signed drawings, specifications, and bills of quantities for
reference during the execution of the works.

Care of Works:
Works Execution:

 The contractor must execute the works as described in the tender documents.
 Any misunderstanding leading to extra charges will not be accepted.

Deviation and Adjustment:

 The contractor cannot make alterations or omissions to the works without written instructions
from the authorized officer.
 If deviations are necessary, the contractor must notify the authorized officer in writing within a
specified period.
 Any objections raised by the contractor regarding deviations must be communicated within the
specified timeframe.
 The decision of the authorized officer regarding deviations and objections is final and binding.

Emergency Works:

If emergency works are necessary and the contractor is unable or unwilling to carry them out, the
authorized officer may have them executed and recover expenses from the contractor.

Suspension of Works:

 The authorized officer may suspend works for various reasons, including default by the
contractor or for safety reasons.
 The contractor must protect and secure the works during suspension as instructed.
  The contractor is entitled to an extension of time and compensation for suspensions beyond a
certain duration.

Abandonment of Works:

 If works are suspended for an extended period, the contractor may treat it as abandonment by
the government.
 In such cases, the contractor is entitled to compensation for idle labor and materials collected
but not utilized.

Materials Provided by Contractor:

 Contractor to supply all materials required for the Works at their own cost.
 Materials must be new and meet contract specifications.
 Contractor must provide samples for approval by Engineer-in-Charge.
 Rejected materials must be removed promptly at Contractor's expense.
 Contractor liable for any patent/design infringements related to materials.
 Contractor bears all costs and expenses for tests on materials.

Materials Supplied by Government:

 Government supplies materials listed in Schedule 'B'.

 Contractor can opt to supply some materials themselves.
 Contractor must agree on a delivery schedule with Engineer-in-Charge.
 Delays in material supply by Government do not entitle Contractor to compensation.

Storage and Inspection:

 Contractor responsible for storing materials at approved locations.

 Government officials can inspect materials at any stage.
 Materials become property of Government upon delivery to site.

Surplus Materials:

 Contractor must return surplus materials to Government after completion.

 Surplus materials credited back to Contractor at rates determined by Engineer-in-Charge.

Ownership of Tools and Plant:

 Tools, plant, and equipment brought to the site become Government property.
 Removal off the site requires prior written approval from the Garrison Engineer (G.E.).
 Upon completion or contract termination, the Contractor must remove all tools and equipment,
except those provided by Government, which then become Contractor's property.

Statement of Hire Charges:

The Engineer-in-Charge provides a weekly detailed statement of hire charges for Government tools,
plant, equipment, and/or transport to the Contractor.

Precautions against Risks:

 Contractor bears the responsibility and expense for precautions against loss or damage,
excluding accepted risks, until Works handover.
 Contractor must insure Government buildings rented for workshops against all risks except
accepted risks.

Notices and Fees:

 Contractor must give required notices and pay all fees demanded by law or regulations.
 Contractor provides drawings and plans as necessary.

Setting out the Works:

 Engineer-in-Charge supplies necessary drawings and information for setting out the Works.
 Contractor sets out the Works and maintains setting out accuracy.

Site Drainage:

 Contractor removes accumulated water from the site at own expense.

Excavation:

Material obtained from excavation remains Government property and disposed of as directed by
Engineer-in-Charge.

Foundations:

Contractor needs written approval before laying foundations.

Covering in Work:

 Contractor must notify Engineer-in-Charge before permanently covering any work.

 Soil for filling must be approved beforehand.

Approval of Works by Stages:

 Works are subject to examination and approval at each stage.

 Contractor must notify Engineer-in-Charge when each stage is ready.

Execution of the Works:

 Works must meet standards and be executed to the satisfaction of the Engineer-in-Charge.
 Communication and confirmation of instructions are recorded in Works Site Order Book.
Day Work:

 Day work requires prior written instructions from Engineer-in-Charge.

 Contractor provides detailed accounts of labor and materials weekly.

Inspection of the Works:

 M.E.S. Officers have the right to inspect any part of the Works.
 Contractor must facilitate inspections.

Advances on Account: The contractor can claim advances for work done and materials delivered.
Payment percentages vary based on contract value.

Final Bill Submission: Contractors must submit final bills within three months of work completion,
accompanied by necessary documentation.

Payment Schedule: Payment periods are defined based on the contract amount, with provisions for
dispute resolution.

Cheque Issuance: Payments are made via crossed cheques, and contractors must acknowledge receipt
within a specified timeframe.

Recovery from Contractor: Government can withhold amounts due to the contractor to settle claims
arising from the contract.

Post-Payment Audit: Government reserves the right to audit works and bills post-payment and recover
any overpayments.

Indemnities:-
Infringement and Use:

 Contractor indemnifies Government against patent/design infringement claims.

 Contractor liable for royalties or charges related to materials or parts.
 Octroi, Taxes, and Duties:
 Contractor bears charges for octroi, terminal tax, and other duties on materials.
 Engineer-in-Charge can request tests on materials at Contractor's expense.

Royalties:

No royalties for materials sourced from specific quarries or Cantonment lands.

Plant and Equipment:

 Contractor responsible for supplying tools, plants, and equipment.

  Option to hire Government-owned tools and plants at agreed rates.
 Contractor liable for damage to hired equipment due to neglect.

Transport:

 Contractor supplies transport at their expense.

 Government transport provided for Measurement and Lump Sum Contracts.
 Contractor responsible for loading/unloading and safe operation of Government transport.
 Contractor indemnifies Government for any loss or damage related to transport usage.

Assignment and Sub-contracts:

 Contractor cannot assign or transfer the contract without prior approval.

 Sub-contracts require approval from Accepting Officer.
 Contractor remains responsible for sub-contractors' work and materials.

Security Deposit:

 Contractors must submit a security deposit within thirty days of acceptance of their tender.
 The deposit can be a conversion of earnest money or additional security based on the tender
cost.
 Failure to deposit results in recovery from payments or final bills.

Orders under the Contract:

 All orders and notices must be in writing.

 Sent via registered post to the contractor's last known address.
 Contractors must promptly execute all orders given to them.

Admission to Site:

 Contractors can only enter the site upon instruction from the Garrison Engineer (G.E.).
 The site area allotted to the contractor must not be exceeded.
 Nominal rent may apply if areas are not Class A-I land.

Contractor's Supervision:

 Contractors must supervise the work or appoint an approved agent.

 Agents must meet specific qualifications based on the project's cost.
 The contractor or agent must attend the site during all working hours.

Labour:

 Contractors are responsible for maintaining sufficient labor for progress and quality.
 They must adhere to labor laws and provide necessary safety provisions.
 Compliance with health and safety regulations is mandatory.
Responsibility for Buildings:

Contractor is responsible for damage to buildings or parts handed over for Works execution.

Damage and Loss:

 Contractor is responsible for loss or damage to tools, plant, equipment, and Works.
 Government shall be indemnified against all claims arising from execution of the Contract.

Completion:

 Works must be completed to the satisfaction of the G.E. and site cleared as per specified
timelines.
 Unused materials and items provided by Government must be returned.

Compensation for Delay:

 Contractor liable to pay compensation for delays in completion as per specified rates.
 Total compensation shall not exceed certain percentages of the contract value.

Training of Apprentices:

 Compliance with the Apprentices Act, 1961, is mandatory.

 Failure to comply may result in contract cancellation and liability for violations.

Maternity Benefit Rules:

 Maternity leave and pay regulations must be followed as per the specified rules.
 Maternity leave benefits require a minimum employment period.

Anti-malarial Precautions:

Contractors must adhere to anti-malarial instructions provided by the Engineer-in-Charge.

Nuisance:

 Contractors must avoid causing disturbances or nuisances on the site.

 They must protect waterways against pollution and ensure public convenience.

Water:

 Contractors are responsible for providing water for works and employees.
 Water usage and payment terms are specified, with penalties for non-compliance.

Temporary Workshops, Stores, etc.:

 Contractors must provide and maintain temporary structures at their expense.

 Occupation of government buildings may be permitted, with rent payable by the contractor.
Refund of Security Deposit: Security deposits may be refunded after the defects liability period, subject
to meeting certain conditions.

Notice Issuance: Notices on behalf of the Government are issued by the Garrison Engineer (G.E.) or
authorized officers.

Arbitration: Disputes are resolved through arbitration, with appointed arbitrators issuing final and
binding awards within specified timelines.