TENDERFLOATINGFENDERBOUY

E-TENDER
For
Supply & Assembling of Heavy -Duty Rubber floating Fender (Buoy)
for hybrid electric catamaran vessels at Ayodhya and Varanasi for the
F.Y. 2023-24
TENDER NO: 12-IWAI/ENGG/P(194)/2023-24/Part-I
भारतीय अन्तर्देशीय जलमार्ग प्राधिकरण

INLAND WATERWAYS AUTHORITY OF INDIA
(Ministry of Port, Shipping and Waterways, Govt. of India)
P.O. -GULZHARBAGH, GAIGHAT, PATNA-7
Tel (0612) 2930777, Fax (0612) 2310029
Web site: http://iwai.nic.in , https://eprocure.gov.in/eprocure/app,
E-mail: [email protected], [email protected]
मुख्यालयःए-13, सेक्टर-1, नोएडा– 201301 (उ.प्र)

Head Office: A-13, Sector-1, Noida, -201301 (U.P)
INDEX
1
S. CONTENT Page no.
No.
1. Notice Inviting Tender 03-06
2. NIT for ‘E’ Procurement 07
PART – I
3. Tender acceptance letter 08
4. Form of Tender 09-10
5. Instruction for submission of bid 11-17
PART-II
6. General Conditions
(i)Integrity Pact 18-23
(ii)Schedules 24-25
(iii) General Conditions of Contract 26-60
PART – III
6. Technical Specifications and Special Conditions 61-62
PART – IV
7. (i) Annexure-I (Performa for agreement) 63-64
(ii) Annexure-II (Performa for Performance Guarantee) 65-66
(iii) Annexure-III (Performa for Site Order Book) 67
(iv) Annexure-IV (Performa for Hindrance Register) 68
(v) Annexure-V (Notice for appointment of Arbitrator) 69
(vi) Annexure-VI (Performa for Bank details) 70
(vii) Annexure-VII (Performa for infrastructure details & other) 71
PART – V
8. Bill of Quantities 72

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P.O. -Gulzarbagh, Gaighat, PATNA-800007
No. 12-IWAI/ENGG/P(194)/2023-24/Part-I Date: -
To
Sub: Tender Document for Supply & Assembling of Heavy -Duty Rubber floating Fender
(Buoy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the F.Y.
2023-24.
Ref: Your letter No. _____________________________ dt. ____________
Sir,
With reference to your letter cited on the above-mentioned subject, please find enclosed
herewith one set of tender document for the subject works. You are requested to go through the
terms and conditions carefully and also visit the site to familiarize and submit your tender as per
procedure explained therein.
The last date for online receipt of tender is 22.03.2024 upto 1500 hours at Inland Waterways
Authority of India, Gaighat, Patna.
Issuance of tender document will not construe that such bidders are automatically considered
qualified.
Director
Inland Waterways Authority of India
Regional office, Patna-07
3
Tel (0612) 2930777, Fax (0612) 2310029
NOTICE INVITING TENDER NO: 12-IWAI/ENGG/P(194)/2023-24/Part-I
1. Name of Work: E-Tender for Supply & Assembling of Heavy -Duty Rubber floating Fender
(Buoy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the F.Y. 2023-24
2. Inland waterways Authority of India (IWAI) invites online tenders/bids in two cover
system (Cover I – Technical bid and Cover II – Financial bid) from experienced
repairers/contractors/firms for “Supply & Assembling of Heavy -Duty Rubber floating
Fender (Buoy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the
F.Y. 2023-24”. The EMD, financial solvency certificate, experience, annual turnover etc. are to be
submitted as per the details given in succeeding paras. The tender will be placed online at
https://eprocure.gov.in/eprocure/app
3. Estimated cost of work & EMD requirement are as under :
Completio
Estimated Cost
EMD Solvency n
# Description of Work (excluding GST) Place of supply
(in Rs.) (in Rs.) Period
(in Rs. )
Supply & Assembling The supply of

of Heavy -Duty 52 nos.each
Rubber floating floating Fender
(Buoy) for
Fender (Buoy) for
Ayodhya &
1 hybrid electric 1450800.00 29016.00 580320.00 30 days
Varanasi
catamaran vessels at respectively for
Ayodhya and 02 nos. electric
Varanasi for the F.Y. catamaran
2023-24 vessels.
4. Date of Publishing : 16.03.2024 at 15:00hrs

5. Download start date &Time : 16.03.2024 at 15:00hrs
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6. Submission start date &Time : 16.03.2024 at 15:00hrs
7. Bid Closing/Document Download End Date &Time: 22.03.2024 at 15:00hrs
8. Bid Opening Date &Time : 23.03.2024 at 15:00hrs
9. The tender document can be downloaded from the IWAI’s website www.iwai.nic.in and
CPP Portal Website https://eprocure.gov.in/eprocure/app. Bidders participating in e-tender
process are required to furnish a non-refundable RTGS/NEFT for Rs.2360/- (Rupees Two
Thousand three hundred sixty only) towards the tender fee to IWAI FUND through
RTGS/NEFT in the following account.
Name of the Bank : Canara Bank

Bank Branch Address : Main Branch, South Gandhi Maidan, Patna-800001
Name of Bank A/c : IWAI FUND,
Bank Account No. : 0352105000002
IFSC Code : CNRB0000352
Scan copy of the same to be uploaded in technical bid. The bid is to be submitted only online
at https://eprocure.gov.in/eprocure/app . Bid without tender cost will be rejected.
10. A signed declaration stating that no alteration has been made in any form in the
downloaded tender document is to be enclosed with the tender by the bidder.
11. Tenderer shall agree to the terms and conditions of the tender and submit the tender online
duly signed on each page for agreeing the same.
12. The complete bid as per the tender documents should be placed online at
https://eprocure.gov.in/eprocure/app by 15:00 hrs on 16.03.2024 and will be opened online on
23.03.2024 at 15:30 hrs at IWAI, Regional office Patna. The original RTGS/NEFT for tender
fee and EMD should be submitted before closing date and time of submission of bid at Inland
Waterways Authority of India, Gaighat, PO-Gulzarbagh,Patna-800007 (Bihar) except Micro
& Small Medium Enterprises (MSMEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) or Department or Start-ups as
recognized by Department for Promotion of Industry and Internal Trade (DPIIT) on
submission of a valid registration certificate as per the Government of India rules.
13. IWAI reserves the right to accept or reject any or all tenders without assigning any reason
and no correspondence shall be entertained in this regard. The department will also have the
right to award the work to different bidders at the lowest received rate to ensure that the works
are undertaken smoothly.
14. Work Experience: -

i) The tenderer has expertise in supply of similar work /repairing of similar
work/manufacturer of similar works etc. of IWAI vessels as well as have sufficient past
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experience in similar work/ repairing of similar work / manufacturer of similar works etc.
of Inland vessels from Government organization/autonomous body/public sector
undertaking. Documentary evidence in support should be submitted in the technical bid.
Tenderer having experience with private sector/organization are not considered.
ii) The tenderer shall have Vessel Building/Repairing back ground, registered with any
Major Port of India, MES, IWT Wing of Indian Army, BSF or any other Central Govt.
Dept. or non- registered contractors having experience of working with IWAI with
similar work.
iii) Tenderer shall be income tax payee and PAN issued by Income Tax Department shall be
submitted above with the technical bid.
iv) The tenderer shall be registered with GST department and the proof of the same shall be
submitted along with the technical bid.
v) The average annual financial turnover in the field of Vessel building/repairing should be
at least 100% of the estimated cost during the immediate last 3 consecutive financial
years and should not have incurred any loss in more than two years during the last five
years ending March of the previous financial year 2022-23.
vi) Experience of having successfully completed similar nature of works with Government
Organization/autonomous body/public sector undertaking of during last 7 years ending
last day of month previous to the one in which this tender is invited should be either of
following
a. Three similar works costing not less than 40% of the estimated cost, or
b. Two similar works costing not less than 50% of the estimated cost, or
c. One similar works costing not less than 80% of the estimated cost.
&
One completed work of any nature (either part of (a, b or c) or a separate one costing not
less than the amount equal to 40% of the estimated cost (i.e. Rs.200000.00) put to tender
with some Central Government Department/ State Government Department/ Central
Autonomous Body/ State Autonomous Body/ Central Public sector Undertaking/ City
Development Authority/ Municipal Corporation of City formed under any At by Central/
State Government and published in Central/ State Gazette.
vii) Tenderer shall have to submit scan copies of successful work done certificates.
15. Latest certificate of solvency from nationalized / scheduled Bank of India for not less than
the value as indicated below for under water repair of the vessel:
Bank Solvency required

# Name of the work
(Rs. in lakhs)
Supply & Assembling of Heavy -Duty Rubber floating Not less than 40% of
1. Fender(Buoy) for hybrid electric catamaran vessels at tender value.i.e. an
Ayodhya and Varanasi for the F.Y. 2023-24
6 amount of Rs.05.80 lakhs
The- solvency certificate submitted by the bidder shall not be issued prior Six (06) months
from the last date of Bid Submission.
16. The tender should not have been banned or delisted by any State Govt./Central Govt. or
quasi Govt. agency or public-sector undertaking. The bidders are required to give a
declaration whether they have not been banned or delisted by any State Govt./Central Govt.
or quasi Govt. Agency or Public Sector Undertaking.
17. Scanned copy of the ‘Tender Acceptance Letter’ and Form of Tender duly signed and
stamped by the bidder is to be enclosed with the tender by the bidder.
18. Bidder should see General Conditions, technical & Special Conditions of contract very
carefully before bidding.
19. The bidder should inspect the rubber hose lying at Gaighat terminal, Patna before bidding.
20. IWAI reserves the right to accept or reject any or all bids / tenders without assigning any
reason and no correspondence shall be entertained in this regard.
Director
Regional office, Patna-07
7
NIT for ‘E’ PROCUREMENT

(MINISTRY OF PORT, SHIPPING AND WATERWAYS, GOVT. OF INDIA)
TEL (0612) 2930777, FAX (0612) 2310029
https://eprocure.gov.in/eprocure/app,
E-MAIL: [email protected], [email protected]
E-TENDER NOTICE NO. 12-IWAI/ENGG/P(194)/2023-24/PART-I

E-Tenders are being invited for “Supply & Assembling of Heavy -Duty Rubber floating
Fender (Buoy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the F.Y.
2023-24”. Tender can be downloaded from 16.03.2024 to 22.03.2024. For more details refer
IWAI web site www.iwai.nic.in & www.eprocure.gov.in. Further, clarification/ corrigendum /
addendum, if any, will be published on CPP Portal/IWAI website only.
Email: [email protected]
DIRECTOR
PART-I
8
(a) TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head)
Date:
To,
THE DIRECTOR
INLAND WATERWAYS AUTHORITY OF INDIA,
GAIGHAT, PO-GULZARBAGH
PATNA-800007(BIHAR)
Sub: Acceptance of Terms & Conditions of Tender.
Tender no.: 12-IWAI/ENGG/P(194)/2023-24/Part-I
Name of Tender / Work: - E-Tender for Supply & Assembling of Heavy -Duty Rubber floating
Fender(Buoy) for hybrid electric catamaran vessels at Ayodhya and
Varanasi for the F.Y. 2023-24Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely: www.iwai.nic.in OR
https://eprocure.gov.in/eprocure/appas per your advertisement, given in the abovementioned
website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender
documents from Page No. _______ to ______ (including all documents like annex(es), schedule(s),
etc.), which form part of the contract agreement and I / we shall abide hereby by the terms /
conditions / clauses contained therein.
3. The minutes of the pre-bid meeting and/ or corrigendum(s) issued from time to time by your
department/ organization too have also been taken into consideration, while submitting this
acceptance letter.
4. I / We hereby unconditionally accept the tender conditions of abovementioned tender

document(s) / minutes of the pre-bid meeting/corrigendum(s) in its totality / entirety.
5. In case any provisions of this tender are found violated, then your department/ organization shall
without prejudice to any other right or remedy be at liberty to reject this tender/bid including the
forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully
(Signature of the Bidder, with Official Seal)
PART-I
(b) FORM OF TENDER
9
To,
THE DIRECTOR
INLAND WATERWAYS AUTHORITY OF INDIA,
GAIGHAT, PO-GULZARBAGH
PATNA-800007(BIHAR)
Sub: Tender document for Supply & Assembling of Heavy -Duty Rubber floating Fender
(Buoy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the F.Y.
2023-24
Sir,
1. Having visited the site/pipe at Gaighat, Patna and examined the information and
instructions for submission of tender, general conditions of contract, Special Condition of contracts,
Technical, General and Detailed specification, Schedules and Bill of Quantities, agreement and
bank guarantee forms, etc for the above named works, I/ We hereby tender for execution of the
works referred to in the tender documents in conformity with the said Conditions of Contract,
Specifications, Schedule of quantities for the sum as stated in Bill of quantities of this tender
Document or such other sum as may be ascertained in accordance with the said conditions of
contract.
2. I/ We undertake to complete and Deliver the whole of the works comprised in the Contract
within the time as stated in the tender and also in accordance in all respects with the specifications,
designs, drawings and instructions as mentioned in the tender documents.
3. I am tendering for the works mentioned in the table below and submitting the EMD in the
form of RTGS/NEFT in favour of ‘IWAI FUND’ payable at Patna at Nationalized / schedule bank
as per the details given therein:
Details of bank (name of
E.M.D. RTGS No. &
# Name of the work bank, Branch and
(In Rs.) Date
address)
Supply & Assembling of Heavy
-Duty Rubber floating
Fender(Buoy) for hybrid electric
1. 29016
catamaran vessels at Ayodhya
and Varanasi for the F.Y. 2023-
24
4. I/ We agree to abide by this tender. I/ We agree to keep the tender open for a period of 90
days from the date of opening of price bids or extension thereto as required by the IWAI and not to
make any modifications in its terms and conditions.
5. I/ We agree, if I/ we fail to keep the validity of the tender open as aforesaid or I/ we make
any modifications in the terms and conditions of my/ our tender if I/ We fail to commence the
execution of the works as above, I/ We shall become liable for forfeiture of my/ our Earnest money,
as aforesaid and IWAI shall without any prejudice to another right or remedy, be at the liberty to
forfeit the said Earnest Money absolutely otherwise the said earnest money shall be retained by
IWAI towards part of security deposit to execute all the works referred to in the tender documents
10
upon the terms and conditions contained or referred to therein and to carry out such deviations as
may be ordered. Should this tender be accepted, I/ We agree to abide by and fulfill all the terms and
conditions and provisions of this tender. No interest is payable on earnest money deposit and/ or
security deposit.
6. I/ We have independently considered the amount of Liquidated Damages shown in the

tender hereto and agree that it represents a fair estimate of the loss likely to be suffered by IWAI in
the event of works not being completed in time.
7. If this tender is accepted, I/ We undertake to enter into execute at my/ our cost when called
upon by the employer to do so, a contract agreement in the prescribed form. Unless and until a
formal Agreement is prepared and executed this tender together with your written acceptance
thereto shall constitute a binding contract.
8. If my/ our tender is accepted, I/We am/are to be jointly and severely responsible for the due
performance of the Contract. I/We also declare that the firm has not been banned or blacklisted by
any Govt. or its department or any Quasi Govt. agency or Public Sector Undertaking.
9. I/ We understand that you are not bound to accept the lowest or any tender you may receive
and may reject all or any tender without assigning any reason.
10. I/ We certify that the tender submitted by me, us is strictly in accordance with the terms,
conditions, specifications etc. as contained in the tender document, and it is further certified that it
does not contain any deviation to the aforesaid documents.
Date ………………. Signature …………………...
Name ……………………….
Designation ………………...
Duly authorized to sign & submit tender for an on behalf of
(Name and address of firm)
M/s …………………………………
TelephoneNo….……. FAX No…………...
Witness:
Signature………………………….
Name: ……………………………
Occupation ……………………….
Address ………………………….
Telephone No.……………………

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INSTRUCTIONS FOR SUBMISSION OF BID
1) All covering letters and information to be included in the bid shall be submitted along with
the bid itself.
2) This tender schedule is only for the work of “Supply & Assembling of Heavy -Duty
Rubber floating Fender(Buoy) for hybrid electric catamaran vessels at Ayodhya and
Varanasi for the F.Y. 2023-24”
Total estimated cost of works is as under.

Estimated Cost Completion
EMD Solvency
# Description of Work (excluding GST) Period Place of supply
(in Rs.) (in Rs.)
(in Rs. )
The supply of
52 nos. each
Supply & Assembling of
floating Fender
Heavy -Duty Rubber
(Buoy) for
floating Fender(Buoy)
Ayodhya &
1 for hybrid electric 1450800.00 29016 580320.00 30 days
Varanasi
catamaran vessels at
respectively for
Ayodhya and Varanasi
02 nos. electric
for the F.Y. 2023-24
catamaran
vessels.
3) Tender should be submitted in two Folders viz Folder 1(Technical Bid) & Folder 2 (Price
Bid) should be uploaded in web site //eprocure.gov.in/procure/app.
No other document other than price schedule/ schedules should be placed inside Folder 2
containing price bid otherwise tender will be summarily rejected. The documents to be
submitted in Folder 1 and Folder 2 shall be as follow:
Folder 1:
a) Bid document marked Original duly completed and signed on every page except prices.
b) Blank Performa of Schedule of prices (prices not to be filled)
c) Earnest Money should be submitted separately of the quoted vessel (RTGS/NEFT as
prescribed). Scanned copy must be uploaded.
d) Registration certificate/ business Entity from concerned Authorities
e) Copy of EPF, GST, and ESIC registration certificate.
e) Latest Solvency certificate of schedule banks.
g) Letter of Authority for signing and negotiation of the tender (as the case may be).
h) Permanent Account Number (PAN) issued by Income Tax Department.
i) Audited balance sheets along with turnover, profit and loss account for the last 3
years i.e. ending March 2020-21, 2021-22 and 2022-23 with UDIN.
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j) Experience certificate for similar works/Repairing similar works /manufacturer of
similar works completed by the contractor with Government
organization/autonomous body/public sector undertaking.
k) Copy of a signed declaration stating that no alteration has been made in any form in
the downloaded tender document is to be enclosed with the tender by the bidder for
downloaded tenders.
l) Copy of a signed self-declaration of not banned or delisted by any government or
quasi government agency or PSU.
Non submission of any of above documents shall lead to disqualification of the bid
Folder-2
The price Bid shall be submitted in Folder 2. It may please be noted that this part shall not
contain any terms and conditions. Any condition given in the price bid) will be sufficient
cause for rejection of bid:
4) Bidders are advised to submit quotation strictly based upon technical specification, terms
and conditions contained in technical specifications, terms and conditions contained in
documents and not to stipulate any deviations. Any change in this may lead to rejection of
bid.
5) Earnest Money should be deposited as per details mentioned in NIT.
Bid not accompanied with EMD are liable for rejection.
6) Any annotations or accompanying documentation in bid shall be in Hindi or English

language only and in metric system. Tender filled in any other language will be summarily
rejected.
7) Bidders shall sign their proposal with the exact name of the firm to whom the bid document
has been issued. The bid shall be duly signed and sealed by an authorized person of the
bidder’s organization as following:
8 (a) If the Tender is submitted by an individual/proprietary firm/firm in partnership/ a limited

company, or a limited Corporation, it shall be signed by the proprietor / authorized person
holding the power of attorney for signing the tender, the above his full name and full name
of his firm with its current business address.
8 (b) If the Tender is submitted by the proprietary firm, it shall be signed by the proprietor above
his full name and full name of his firm with its name and current business address.
8 (c) If the Tender is submitted by a firm in partnership, it shall be signed by all the partners of
the firm above, their full names and current business address, or by a partner holding the
power of attorney for the firm for signing the Tender in which cases a certified copy of the
13
power of attorney shall accompany the Tender. A certified copy of the partnership deed
and current business address of all the partners of the firm shall also accompany the Tender.
8 (d) If the Tender is submitted by a limited company, or a limited Corporation, it shall be signed
by a duly authorized person holding the power of attorney for signing the tender in which
case a certified copy of the power of attorney shall accompany the Tender. Such limited
company or corporation may be required to furnish satisfactory evidence of its existence
before the contract is awarded. ‘Satisfactory evidence’ means the certificate of
incorporation of the limited company or corporation under Indian Companies Act, 1956.
8(e) If the Tender is submitted by a group of firms, the sponsoring firm shall be submitting
complete information pertaining to each firm in the group and state along with the bid as to
which of the firm shall have the responsibility for tendering and for completion of the
contract document and furnish evidence admissible in law in respect of the authority
assigned to such firm on behalf of the group of firms for tendering and for completion of the
contract document. The full information and satisfactory evidence pertaining to the
participation of each member of the group of firms in the firm in the Tender shall be
furnished along with the Tender.
8 (f) All witnesses and sureties shall be persons of status and their full names, occupations and
addresses shall be stated below their signatures. All signatures affixed in each page in the
tender will be dated.
9) Bidders shall clearly indicate their legal constitution and the person signing the tender shall
state his capacity and also the source of his ability to bind the bidder. The power of attorney
or authorization or any other document constituting adequate proof of the ability of the
signatory to bind the bidder shall be annexed to the bid. The Owner may reject outright any
bid unsupported by adequate proof of the signatory’s authority.
10) The bid document shall be completed in all respects and shall be submitted together with the
requisite information and appendices. They shall be complete and free from ambiguity,
change or inter-lineation. In case IWAI requires any information/ clarification(s) from the
Bidder in respect of the bid documents, the bidder shall be required to furnish the same in
writing, to IWAI at the earliest where no time is specified by IWAI to furnish the same. A
failure to furnish the same shall entitle IWAI to cancel/ reject the bid.
11) If the space in the bid form or in the Appendices thereto is insufficient, additional pages
shall be separately added. These pages shall be consecutively page numbered and shall also
be signed by the Bidder.
12) Bidders should indicate at the time of quoting against this bid their full postal addresses,
telephone numbers and other communication details enabling IWAI to contact the bidder in
case the need so arise.
13) IWAI shall have an unqualified option under the said bid bond to claim the amount there
under in the event of the Bidder failing to keep the bid valid up to the date specified or
14
refusing to accept work or carry it out in accordance with the bid if the IWAI decides to
award the Work to the Bidder.
14) The EMD shall be retained with IWAI until finalization of tenders. Further, security deposit
as per the clause of Security shall be payable by the successful bidder. If the tenderer fails to
furnish the security deposit in accordance with tender conditions EMD shall be forfeited. In
the event of the Bidder becoming the successful Contractor. The amount of EMD would be
adjusted against the Security deposit.
15) IWAI shall, however, arrange to release the EMD in respect of unsuccessful bidders within
30 (thirty) days of placement of order to successful bidder. No interest shall be payable on
EMD by IWAI.
16) The Tender Evaluation Committee (TEC) shall open the tenders in the presence of the
intending tenderers who may be present at the date and time of opening informed in the bid
document or subsequently. If any of the tenderer or his agent is not present at the time of
opening of tender, the TEC shall, on opening of tenders of the absentee tenderer, prepare a
statement of the attested and unattested corrections in the tender over their signature. Such a
list shall then be binding on the absentee tenderer.
17) The successful tenderers shall be required to execute a contract agreement in the given
format. In case of any refusal/ failure on the part of such successful tenderer to execute such
a contract shall be deemed to be a failure on the part of such successful bidder to comply
with the terms contained herein.
18) The Bidder shall bear all cost associated with preparation and submission of his bid and the
Owner will, in no case, be responsible or liable for those costs regardless of the conduct or
outcome of the bidding process.
19) IWAI reserves the right to reject any or all bids and the tender without assigning any reasons.
15
Instructions to the Bidders/ Contractors for the e-submission of the bids online through the
Central Public Procurement Portal for e-Procurement https://eprocure.gov.in/eprocure/app
i) Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of the

consultants/bidders on the e-Procurement/e-tender portal is a prerequisite for e-tendering.
ii) Bidder should do the enrollment in the e-Procurement site using the
https://eprocure.gov.in/eprocure/app option available” Enroll Here” on the home page
Portal. Enrollment is free of charge. During enrollment/registration, the bidders should
provide the correct/true information including valid email-id. All the correspondence shall
be made directly with the contractors/bidders through email-id provided.
iii) Bidder need to login to the site through their user ID/ password chosen during
enrollment/registration.
iv) Then the Digital Signature Certificate (Class II or Class III Certificates with signing
key usage) issued by SIFY/TCS/n-Code/e-Mudra or any Certifying Authority
recognized by CCA India on e-Token/Smartcard, should be registered.
v) The DSC that is registered only should be used by the bidder and should ensure safety of
the same.
vi) Bidder may go through the tenders published on the site and download the required tender
documents/schedules for the tenders he/she is interested.
vii) After downloading / getting the tender document/schedules, the Bidder should go through
them carefully and then submit the documents as asked.
viii) If there are any clarifications, this may be obtained online through the tender site, or
through the contact details. Bidder should take into account of the
corrigendum published before submitting the bids online.
ix) Bidder then logs in to the site through the secured log in by giving the user id/ password
chosen during enrolment/registration and then by giving the password of the e-
Token/Smartcard to access DSC.
x) Bidder selects the tender which he/she is interested in by using the search option & then
moves it to the my favorites folder.
xi) From the favorites folder, he selects the tender to view all the details indicated.
xii) It is construed that the bidder has read all the terms and conditions before submitting their
offer. Bidder should go through the tender schedules carefully and upload the
documents as asked; otherwise, the bid will be rejected.
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xiii) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document/schedule and generally, they can be in general PDF/ xls/ rar/ jpg formats. If
there is more than one document, they can be clubbed together and can be provided in the
requested format. Each document to be uploaded through online for the tenders should be
less than 2 MB. If any document is more than 2MB, it can be reduced through zip/rar and
the same can be uploaded, if permitted.
xiv) If there are any clarifications, this may be obtained through the site, or during the pre-bid
meeting if any. Bidder should take into account the corrigendum published from time to
time before submitting the online .
xv) The Bidders can update well in advance, the documents such as certificates, annual
report details etc., under My Space option and these can be selected as per tender
requirements and then send along with bid documents during bid submission. This
will facilitate the bid submission process faster by reducing upload time of bids.
xvi) Bidder should submit the Tender Fee/ EMD as specified in the tender. The original payment
instruments should be posted/couriered/given in person to the Tender Inviting Authority
within the due date as mentioned in this tender document. Scanned copy of the instrument
should be uploaded as part of the offer, if asked for.
xvii) While submitting the bids online, the bidder reads the terms & conditions and accepts the
same to proceed further to submit the bid packets.
xviii) The bidder has to select the payment option as offline to pay the Tender FEE/ EMD as
applicable and enter details of the instruments.
xix) The details of the RTGS/any other accepted instrument, physically sent, should tally
with the details available in the scanned copy and the data entered during bid submission
time. Otherwise submitted bid will not be acceptable.
xx) The bidder has to digitally sign and upload the required bid documents one by one as indicated.
Bidders to note that the very act of using DSC for downloading the bids and uploading their
offers shall be deemed to be a confirmation that they have read all sections and pages of the
bid document including General conditions of contract without any exception and have
understood the entire document and are clear about the requirements of the tender
requirements.
xxi) The bidder has to upload the relevant files required as indicated in the cover content. In case
of any irrelevant files, the bid will be rejected.
xxii) If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the rates offered
should be entered in the allotted space only and uploaded after filling the relevant columns.
The Price Bid/BOQ template must not be modified/replaced by the bidder, else the bid
submitted is liable to be rejected for this tender.
17
xxiii) The bidders are requested to submit the bids through online e-tendering system to the
Tender Inviting Authority (TIA) well before the bid submission end date & time (as per
Server System Clock). The TIA will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders at the eleventh hour.
xxiv) After the bid submission, the acknowledgement number, given by the e-tendering system
should be printed by the bidder and kept as a record of evidence for online submission of bid
for the particular tender and will also act as an entry pass to participate in the bid opening
date.
xxv) The bidder should ensure/see that the bid documents submitted should be free from
virus and if the documents could not be opened, due to virus, during tender opening, the bid
is likely / liable to be rejected.
xxvi) The time settings fixed in the server side & displayed at the top of the tender site, will be
valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system.
The bidders should follow this time during bid submission.
xxvii) All the data being entered by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by any one until the
time of bid opening.
xxviii) Any bid document that is uploaded to the server is subjected to symmetric encryption using
a system generated symmetric key. Further this key is subjected to asymmetric
encryption using buyers/bid openers’ public keys. Overall, the uploaded tender
documents become readable only after the tender opening by the authorized bid openers.
xxix) The confidentiality of the bids is maintained since the secured Socket Layer 128-bit
encryption technology is used. Data storage encryption of sensitive fields is done.
xxx) The bidder should logout of the tendering system using the normal logout option available
at the top right-hand corner and not by selecting the (X) exit option in the browser.
xxxi) Any queries relating to the tender document and the terms and conditions contained therein
should be addressed to the Tender Inviting Authority for a tender or the relevant contact
person indicated in the tender.
Any queries relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for
the helpdesk is 1800 233 7315
***
PART – II
18
INTEGRITY AGREEMENT
To be signed by the bidders’ and same signatory competent/ authorized to sign

the relevant contract on behalf of IWAI.
This Integrity Agreement is made at ............... on this........... day of ........... 20......
BETWEEN
Authorized representative of Inland Waterways Authority of India. IWAI, (Hereinafter referred as

the ‘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
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
…………………………………………………………………………… 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
19
1. The Principal/Owner commit 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 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 IWAI 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) commit 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.
20
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.
Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or
personal gain), or pass on to others, any information or documents provided by the
Principal/Owner as part of the business relationship, regarding plans, technical proposals
and business details, including information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of
agents/representatives in India, if any. Similarly, Bidder(s)/Contractor(s) of Indian
Nationality shall disclose names and addresses of foreign agents/representatives, if any.
Either the Indian agent on behalf of the foreign principal or the foreign principal directly
could bid in a tender but not both. Further, in cases where an agent participates in a tender
on behalf of one manufacturer, he shall not be allowed to quote on behalf of another
manufacturer along with the first manufacturer in a subsequent/parallel tender for the same
item.
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he
has made, is committed to or intends to make to agents, brokers or any other intermediaries
in connection with the award of the Contract.
3. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
4. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in
fraudulent practice means a wilful 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 shallhave 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’
21
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
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.
22
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, IWAI.
Article 7: Other Provisions
1. This Pact is subject to Indian Law, place of performance and jurisdiction is the Headquarters
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.
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.
23
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)
Place:
Date:
SCHEDULE -A
24
Name of Work: E-Tender for “Supply & Assembling of Heavy -Duty Rubber floating
Fender (Buoy) for hybrid electric catamaran vessels at Ayodhya and
Varanasi for the F.Y. 2023-24”.
i. Estimated cost of work & EMD requirement: As mentioned in NIT. However, the
estimate mentioned is in NIT merely as
a rough guide.
ii. Security Deposit :10% of tendered value per vessel
iii. Earnest Money :As indicated in NIT
iv. Performance Guarantee :5% of tendered value in the form of

Demand Draft/RTGS in favour of
“IWAI FUND” issued by any
Nationalized/Scheduled Bank of India.
v. Balance Security Deposit :5 % (A sum @10% of the gross

Amount of the bill shall be deducted
from running bill till the amount
accumulated to 5% of contract value
(including deposited EMD.)
25
SCHEDULE-B
(General Rules & Directions with reference to General Conditions of Contract)
i. Officer inviting tender : Director , IWAI, Patna.
ii. Tender Accepting Authority : Director , IWAI, Patna.
iii. (a) Time allowed for submission of :15 days

Performance Guarantee as per
Clause 3.1 of GCC from the date of
issue of letter of acceptance
(b) Maximum allowable time extension : 7 days

beyond the period provided in (iii)(a) above
iv. Standard Schedule of Rates :Market Rates
v. Specifications to be followed :As per manufacturer servicing manual
vi. Incentive for early completion.

Whether Clause 50 is applicable : No
*******
GENERAL CONDITIONS OF CONTRACT
26
CONTENTS
CLAUSE-1 : DEFINITIONS
CLAUSE-2 : INTERPRETATIONS
CLAUSE-3 : PERFORMANCE GURANTEE
CLAUSE-4 : SECURITY DEPOSIT
CLAUSE-5 : SUFFICIENCY OF TENDER
CLAUSE-6 : CONTRACT DOCUMENTS
CLAUSE-7 : DISCREPANCIES AND ADJUSTMENT OF ERRORS
CLAUSE-8 : DUTIES AND POWERS OF ENGINEER-IN-CHARGE’S REPRESENTATIVE
CLAUSE-9 : ASSIGNMENT AND SUB-LETTING
CLAUSE-10 : FACILITIES TO OTHER CONTRACTORS
CLAUSE-11 : CHANGE IN CONSTITUTION
CLAUSE-12 : COMMENCEMENT OF WORK
CLAUSE-13 : WORKS TO BE CARRIED OUT IN ACCORDANCE WITH SPECIFICATION DRAWINGS
AND ORDERS ETC.
CLAUSE-14 : SETTING OUT THE WORKS
CLAUSE-15 : URGENT WORKS
CLAUSE-16 : DEVIATIONS
CLAUSE-17 : CONTRACTORS SUPERVISION
CLAUSE-18 : INSTRUCTION AND NOTICE
CLAUSE-19 : PLANT AND EQUIPMENT
CLAUSE-20 : PATENT RIGHTS
CLAUSE-21 : MATERIALS
CLAUSE-22 : LAWS GOVERNING THE CONTRACT
CLAUSE-23 : WATCHING AND LIGHTING
CLAUSE-24 : WORK DURING NIGHT OR ON SUNDAYS AND HOLIDAYS
CLAUSE-25 : LABOUR
CLAUSE-26 : MATERIALS OBTAINED FROM EXCAVATION AND TREASURE TROVE, FOSSILS ETC.
CLAUSE-27 : FORCE MAJEURE
CLAUSE-28 : LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND RECTIFICATION THEREOF
CLAUSE-29 : CONTRACTOR’S LIABILITY AND INSURANCE
CLAUSE-30 : SUSPENSION OF WORKS
CLAUSE-31 : FORE CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR
REDUCTION IN SCOPE OF WORK
CLAUSE-32 : TERMINATION OF CONTRACT ON DEATH
CLAUSE-33 : CARRYING OUT PART OF WORK AT THE RISK AND COST OF THE CONTRACTOR
CLAUSE-34 : COMPLETION TIME AND EXTENSIONS
CLAUSE-35 : LIQUIDATED DAMAGES FOR DELAY
CLAUSE-36 : WHEN THE CONTRACT CAN BE DETERMINED
CLAUSE-37 : INSPECTION AND APPROVAL
CLAUSE-38 : COMPLETION CERTIFICATE
CLAUSE-39 : MEASUREMENTS
CLAUSE-40 : PAYMENT ON ACCOUNT
CLAUSE-41 : TAXES, DUTIES AND LEVIES ETC
CLAUSE-42 : TAX DEDUCTION AT SOURCE
CLAUSE-43 : PAYMENT OF FINAL BILL
CLAUSE-44 : OVER PAYMENTS AND UNDER PAYMENTS
CLAUSE-45 : FINALITY CLAUSE
CLAUSE-46 : SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED IS REASONABLE
WITHOUT PREFERENCE TO ACTUAL LOSS
CLAUSE-47 : SETTLEMENT OF DISPUTES & ARBITRATION
CLAUSE-48 : CLAIMS
CLAUSE-49 : INTEREST
GENERAL CONDITIONS OF CONTRACT
27
CLAUSE - 1: DEFINITIONS
In the contract, the following words & expressions shall, unless context otherwise requires,
have the meaning thereby respectively assigned to them:
i) Contract: means the documents forming the tender and acceptance thereof and the formal
agreement executed between the competent authority on behalf of the Chairman, Inland
Waterways Authority of India and the contractor, together within the documents referred to
therein including these conditions, the specifications, designs, drawings and instructions
issued from time to time by the Engineer-in-charge and all these documents taken together
shall be deemed to form one contract and shall be complementary to one another
ii) Contract sum: means the amount arrived at by multiplying the quantities shown in the
schedule of quantities and price by the respective item rates as allowed.
iii) Contractor: means the successful tenderer who is awarded the contract to perform the
work covered under this tender document and shall be deemed to include the contractor’s
successors, executors, representatives or assign approved by the Engineer-in-charge.
(iv) Employer : means the Chairman, Inland Waterways Authority of India and his successors.
(v) IWAI/ Authority/ Department/ Owner shall mean the Inland Waterways Authority of
India, which invites tenders on behalf of the Chairman, IWAI and includes therein-legal
representatives, successors and assigns.
(vi) Engineer-In-Charge (EIC) means the Engineer officer authorized to direct supervise and
be In-charge of the works for the purpose of this contract who shall supervise and be in
charge of the work.
(vii) Engineer-in-charge representative shall mean any officer of the Authority nominated by
the Engineer-in-charge for day to day supervision, checking, taking measurement, checking
bills, ensuring quality control, inspecting works and other related works for completion of
the project.
(viii) Chairman: means Chairman of Inland Waterways Authority of India.
(ix) Chief Engineer: means the Chief Engineer of the Authority.
(x) Director means the Director of the Authority, as the case may be.
(xi) Deputy Director means the Deputy Director of the Authority, as the case may be.
(xii) Assistant Director means the Asstt. Director of the Authority, as the case may be.
28
(xiii) Assistant Hydrographic Surveyor means the Assistant Hydrographic Surveyor of the
Authority, as the case may be
(xiv) Work Order means a letter from the Authority conveying the acceptance of the tender/offer
subject to such reservations as may have been stated therein.
(xv) Day : means a calendar day beginning and ending at mid-night.
(xvi) Week : means seven consecutive calendar days
(xvii) Month : means the one Calendar month.
(xviii) Site means the waterway and / or other places through which the works are to be executed.
(xix) Vessel : means the vessel/craft belonging to the Contractor for carrying out the work.
(xx) Drawings : means the drawings referred to in the specifications and / or appended with the
tender document, any modifications of such drawings approved in writing by the
Engineer-in-Charge and shall also include drawings issued for actual execution of the
work time to time by the Engineer-in-Charge.
(xxi) Urgent Works: means any urgent nature which in the opinion of the Engineer-In-Charge
become necessary at the time of execution and / or during the progress of work to obviate
any risk or accident or failure or to obviate any risk of damage to the vessel structure, or
required to accelerate the progress of work or which becomes necessary for security or for
any other reason the Engineer-in-Charge may deem expedient.
(xxii) Work/ works: means work / works to be executed in accordance with the contract.
(xxiii) Schedules referred to in these conditions shall mean the relevant schedules annexed to the
tender papers or the standard schedule of rates of the govt. mentioned with the amendments
thereto issued up to the date of receipt of the tender.
(xxiv) District specifications mean the specifications followed by the State Government in the area
where the work is to be executed.
(xxv) Tendered value means the value of the entire work as stipulated in the letter of award.
29
CLAUSE – 2: INTERPRETATIONS
2.1 Where the contract so requires, words imparting the singular only shall also include the
plural and vice versa. Any reference to masculine gender shall whenever required include
feminine gender and vice versa.
2.2 Heading and marginal notes in these General Conditions shall not be deemed to form part
thereof or be taken into consideration in the interpretation of construction thereof of the
contract.
CLAUSE – 3: PERFORMANCE GUARANTEE

3.1 The contractor shall be required to deposit an amount equal to 5% of the tendered value of
the work as performance guarantee in the form of either RTGS/demand draft payable at any
nationalized/schedule bank OR an irrevocable bank guarantee bond of any scheduled bank
or State Bank of India in accordance with the form prescribed within 15 days of the issue of
the work order.
3.2 Performance guarantee shall be initially valid up to the stipulated date of completion plus
sixty days beyond that. In case the time for completion gets enlarged, the contractor shall get
the validity of the performance guarantee extended to cover such enlarged time of the work.
After recording of the completion certificate for the work by the competent authority, the
performance guarantee shall be returned to the contractor without any interest.
3.3 In the event of contract being determined under the provision of any of the
clauses/conditions of agreement, the performance guarantee shall be forfeited in full and
shall be absolutely at the disposal of the authority.
CLAUSE – 4: SECURITY DEPOSIT
4.1 A sum @ 10% of the gross amount of the bill shall be deducted from each running bill of the
contractor till the sum along with the sum already deposited as the earnest money will
amount to security deposit of 5% of the contract value of work. Bank guarantee will not be
accepted as security deposit.
4.2 The total security deposit shall remain with IWAI till the defect liability period is over or the
payment of the final bill payable in accordance with agreement conditions whichever is
later, provided the Engineer-in-Charge is satisfied that there is no demand outstanding
against the contractor.
4.3 No interest will be paid on security deposit.
4.4 If the contractor neglects to observe or fails to perform any of his obligations under the
contract, it shall be lawful for the Employer/ EIC to forfeit either in whole or in part, the
security deposit furnished by the contractor. However, if the contractor duly performs and
completes the contract in all respects and presents in absolute "NO DEMAND
CERTIFICATE” in the prescribed form, the IWAI shall refund the security deposit to the
30
contractor after deduction of cost and expenses that the Authority may have incurred and
other money including all losses and damages which the Authority is entitled to recover
from the Contractor.
4.5 In case of delay in the progress of work, the Engineer- in-Charge shall issue to the
contractor a memo in writing pointing out the delay in progress and calling upon the
contractor to explain the causes for the delay within 3 days of receipt of the memo and 10
days from issuance of memo whichever is earlier. If the Engineer-in-Charge is not satisfied
with the explanations offered, he may forfeit the security deposit and / or withhold payment
of pending bills in whole or in part and/ or get the measures of rectification of progress of
work accelerated to the pre-defined level at the risk and cost of the contractor.
4.6 All compensation or other sums of money payable by the contractor under the terms of the
contract or any other contract or on any other account whatsoever, may be deducted from or
paid by the sale of a sufficient part of his security or from the interest arising there from or
from any sums which may be due or may become due to the contractor by the Authority on
any account whatsoever. Also in the event of the contractor’s security deposit being reduced
by reasons of such deductions or sale, as aforesaid the contractor shall, within 14 days of
receipt of notice of demand from the Engineer-in-Charge make good the deficit in his
security deposit.
4.7 Earnest Money Deposit (EMD) must accompany each tender and tender not accompanied by
the EMD shall be rejected as NON-RESPONSIVE. The EMD for an amount as specified
above for each vessel shall be submitted in the technical bid. However, Micro, Small and
Medium Enterprises (MSME)/NSIC or are registered with the Central Purchase
Organization Ministry or Department or Startups as recognized by Department of Industrial
Policy & Promotion (DIPP)/GOVERNMENT RENAME as Department for Promotion of
Industry and Internal Trade (DPIIT) are exempted from depositing EMD and Tender Fee.
CLAUSE – 5: SUFFICIENCY OF TENDER
The contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates quoted in the
schedule of Quantities and Prices which shall (except as otherwise provided in the
contract) cover all his obligations under the contract and all matters and things necessary for
the proper execution and completion of the works in accordance with the provisions of the
contract and its operation during execution of work.
CLAUSE – 6: CONTRACT DOCUMENTS
6.1 The language in which the contract documents shall be drawn up shall be English and if the
said documents are written in more than one language, the language according to which the
contract is to be constructed and interpreted shall be English.
6.2 The Contractor shall be furnished free of charge certified true copy of the contract
document.
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6.3 A copy of the Contract Documents furnished to the Contractor as aforesaid shall be kept by
the Contractor on the Site in good condition and the same shall at all reasonable time be
available for inspection and use by the Engineer-in-Charge, his representatives or by other
Inspecting officers of the Authority.
6.4 None of these Documents shall be used by the Contractor for any purpose other than that of
this contract.
CLAUSE – 7: DISCREPANCIES AND ADJUSTMENT OF ERRORS
7.1 Detailed drawings shall be followed in preference to small-scale drawings and figured
dimensions in preference to scaled dimensions. The case of discrepancy between the
Schedule of Quantities and prices, the Specifications and/ or the drawings, the following
order of precedence shall be observed : -
(a) Description in the Schedule of Quantities and Prices.

(b) Relevant Specifications and Special Conditions, if any.
(c) Drawings.
(d) Indian Standards Specifications of BIS.
7.2 The contractor shall study and compare the drawings, specifications and other relevant
information given to him by the Engineer-in-Charge and shall report in writing to the
Engineer-in-Charge any discrepancy and inconsistency which he notes. The decision of the
Engineer-in-Charge regarding the correct intent and meaning of the drawings and
specifications shall be final and binding.
7.3 Any error in description, quantity or price in Schedule of Quantities and Prices or any
omission there from shall not vitiate the Contract or release the Contractor from the
execution of the whole or any part of the work(s) comprised therein according to drawings
and specifications or from any of his obligations under the contract.
7.4 If on check there is difference in the amount worked out by contractor in the schedule of
quantities and prices and General summary the same shall be adjusted in accordance with
the following rules:
(a) In the event of error/discrepancy occurring in the rates written in figures and words,
then the rate which corresponds with the amount worked out by the contractor shall,
unless otherwise proved, be taken as correct. If the amount of an item is not worked
out by the contractor or it does not correspond with the rate written either in figures
or in words, then the rate quoted by the contractor in words shall be taken as correct.
When the rate quoted by the contractor in figures and words tally, but the amount is
not worked out correctly, the rate quoted by the contractor will, unless or otherwise
proved, be taken as correct.
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(b) All errors in totaling in the amount column and in carrying forward totals shall be
corrected.
(c) The totals of various sections of schedule of quantities and price amended shall be
carried over to the General Summary and the tendered sum amended accordingly.
The tendered sum so altered shall, for the purpose of tender, be substituted for the
sum originally tendered and considered for acceptance instead of the original sum
quoted by the tenderer. Any rounding off of quantities or in sections of schedule of
quantities and prices or in General summary by the tenderer shall be ignored.
CLAUSE–8: DUTIES AND POWERS OF THE ENGINEER–IN-CHARGE

REPRESENTATIVE
8.1 The duties of the representative of the Engineer-in-Charge are to watch and supervise the
works and to test and examine any materials/ parts to be used or workmanship achieved in
connection with the works.
8.2 The Engineer-in-Charge may, from time to time in writing, delegate to his representative
any of the powers and authorities, vested in the Engineer-in- Charge and shall furnish to the
contractor a copy of all such written delegation of powers and authorities. Any written
instruction or written approval given by the representative of the Engineer-in-Charge to the
contractor within the terms of such delegation shall bind the contractor and the Authority as
though it has been given by the Engineer-in-Charge.
8.3 Failure of the representative of the Engineer-in-Charge to disapprove any work or materials
shall be without prejudice to the power of the Engineer-in-Charge thereafter to disapprove
such work or materials and to order the pulling down, removal or breaking up thereof. The
contractor shall, at his own expense, again carry out such works as directed by the Engineer-
in-Charge.
8.4 If the Contractor is dissatisfied with any decision of the representative of the Engineer-in-
Charge, he will be entitled to refer the matter to the Engineer-in- Charge who shall
thereupon confirm, reverse or vary such decision and the decision of the Engineer-in-
Charge in this regard shall be final and binding on the contractor.
CLAUSE – 9: ASSIGNMENT AND SUB-LETTING

The Contractor shall not sub-let, transfer or assign the whole or any part of the work under
the contract. Provided that the Engineer-in-Charge may at his discretion, approve and
authorize the Contractor to sub-let any part of the work, which in his opinion, is not
substantial, after the contractor submits to him in writing the details of the part of the
work(s) or trade proposed to be sublet, the name of the sub-contractor thereof together with
his past experience in the said work/trade and the form of the proposed sub-contract.
Nevertheless any such approval or authorization by the Engineer-in-Charge shall not relieve
the contractor from his any or all liabilities, obligations, duties and responsibilities under the
contract. The contractor shall also be fully responsible to the Authority for all the acts and
omissions of the sub-contractor, his employees and agents or persons directly employed by
33
the contractor. However, the employment of piece rate works shall not be construed as sub-
letting.
CLAUSE – 10: FACILITIES TO OTHER CONTRACTORS

The contractors shall, in accordance with the requirements of the work as decided by the
Engineer-in- Charge, afford all reasonable facilities to other contractors engaged
contemporaneously on separate contracts and for departmental labour and labour of any
other agency properly authorized by Authority or any statutory body which may be
employed at the site for execution of any work not included in the contract which the
Authority may enter into in connection with or ancillary to the works. In all matters of
conflict of interest, the Engineer-in-Charge shall direct what compromise should be made
and his decision shall be final and binding on the parties.
CLAUSE – 11: CHANGE IN THE CONSTITUTION OF THE FIRM TO BEINTIMATED

Where the contractor is a partnership firm, prior 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 like-wise 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 prior approval as aforesaid is not obtained the
contractor shall be deemed to have been assigned in contravention to Clause 36 hereof and
the same action will be taken and the same consequences shall ensure as provided for in the
said clause-36.
CLAUSE – 12: COMMENCEMENT OF WORK
The contractor shall commence the work at the respective sites within 10 days of the issue of
Letter of Award. If the contractor commits default in mobilization of resources, and
equipment as aforesaid, the Engineer-in-Charge shall without prejudice to any other right or
remedy be at liberty to cancel the contract and forfeit the earnest money/security deposit.
CLAUSE–13: WORKS TO BE CARRIED OUT IN ACCORDANCE WITH

SPECIFICATION DRAWINGS AND ORDERS ETC.
13.1 The contractor shall execute the whole and every part of the work in the most substantial
and workman like manner in strict conformity with the specifications laid down in the
contract document or as may be laid down by the Engineer-in-Charge under the terms of the
contract. The contractor shall also conform exactly, fully and faithfully to the designs,
drawings specifications and instructions in writing in respect of the work, duly signed by the
Engineer-in-Charge as may be issued from time to time.
13.2 The contractor shall be entitled to receive, on demand, in addition to the contract documents,
in accordance with the provisions of contract, the documents set forth herein in respect of
the work on commencement or during the performance of the contract:
(a) Specifications or revisions thereof other than standard printed specifications
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(b) Explanations, instructions etc.
Such further drawings, explanation, modifications and instruction, as the Engineer-in-
Charge may issue to the contractor from time to time in respect of the work shall be deemed
to form integral part of the contract and the contractor shall be bound to carry out the work
accordingly.
13.3 In the case of any class of work for which there is no specifications, such work shall be
carried out in accordance with the Bureau of Indian Standards specifications. In case there
are no such specifications in the BIS, work shall be carried out as per manufacturer’s
specifications, if manufacturer’s specifications are also not available then as per District
specifications. In case there are no such specifications as required, above the work shall be
carried out in all respect in accordance with the instructions and requirements of the
Engineer-in-Charge.
13.4 All instructions and orders in respect of the work shall be given by the Engineer-in-Charge
in writing. However, any verbal instructions or order shall be confirmed by the Engineer-in-
Charge as soon as practicable without loss of time and only such written instruction shall be
deemed to be valid.
CLAUSE – 14: SETTING OUT THE WORKS
The contractor shall provide all assistance and adhere to the instruction of E.I.C during the
course of surveying, inspection, etc.
CLAUSE – 15: URGENT WORKS
If any urgent work (in respect of which the decision of the Engineer-in-Charge shall be final
and binding) becomes necessary, the contractor shall execute the same as may be directed
by Engineer-in-Charge, provided the directions are in accordance and confirmatory with
provisions in Clause – 8.
CLAUSE – 16: DEVIATIONS, VARIATIONS, EXTENT AND PRICING
16.1 The Engineer-in-Charge shall have power (i) to make alteration in, omissions from,
additions to, or substitutions for the original specifications, drawings, designs and
instructions that may appear to him to be necessary or advisable during the progress of the
work, and (ii) to omit a part of the works in case of non-availability of a portion of the site
or for any other reasons and the contractor shall be bound to carry out the works in
accordance with any instructions given to him in writing signed by the Engineer-in-Charge
and such alterations, omissions, additions or substitutions shall form part of the contract as if
originally provided therein and any altered, additional or substituted work which the
contractor may be directed to do in the manner specified above as part of the works, shall be
carried out by the contractor on the same conditions in all respects including price on which
he agreed to do the main work except as hereafter provided.
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16.2 The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered be extended, if requested by the
contractor, as follows:
(i) In the proportion which the additional cost of the altered, additional or substituted
work, bears to the original tendered value plus
(ii) 25% of the time calculated in (i) above or such further additional time as may be
considered reasonable by the Engineer-in-Charge.
16.3 In the case of extra item(s) (items that are completely new, and are in addition to the items
contained in the contract), the contractor may within fifteen days of receipt of order or
occurrence of the item(s) claim rates, supported by proper analysis, for the work and the
Engineer-in-Charge shall within one month of the receipt of the claims supported by
analysis, after giving consideration to the analysis of the rates submitted by the contractor,
determine the rates on the basis of the market rates and the contractor shall be paid in
accordance with the rates so determined.
16.4 In the case of substituted items (items that are taken up with partial substitution or in lieu of
items of work in the contract), the rate for the agreement item (to be substituted) and
substituted item shall also be determined in the manner as mentioned in the following paras.
(a) If the market rate for the substituted item so determined is more than the market rate
of the agreement item (to be substituted), the rate payable to the contractor for the
substituted item shall be the rate for the agreement item (to be substituted) so
increased to the extent of the difference between the market rates of substituted item
and the agreement item (to be substituted).
(b) If the market rate for the substituted item so determined is less than the market rate
of the agreement item (to be substituted), the rate payable to the contractor for the
substituted item shall be the rate for the agreement item (to be substituted) so
decreased to the extent of the difference between the market rates of substituted item
and the agreement item (to be substituted).
16.5 In the case of contract items, substituted items, contract cum substituted items, which exceed
the deviation limits laid down in Schedule ‘B’, the contractor may within fifteen days of
receipt of order or occurrence of the excess, claim revision of the rates, supported by proper
analysis for the work in excess of the above mentioned limits, provided that if the rates so
claimed are in excess of the rates specified in the schedule of quantities, the Engineer-in-
Charge shall within one month of receipt of the claims supported by analysis, after giving
consideration to the analysis of the rates submitted by the contractor, determine the rates on
the basis of the market rates and the contractor shall be paid in accordance with the rates so
determined.
16.6 The provisions of the paragraph 16.4 above shall also apply to the decrease in the rates of
items for the work in excess of the limits laid down in Schedule ‘B’, and the Engineer-in-
Charge shall after giving notice to the contractor within one month of occurrence of the
excess and after taking into consideration any reply received from him within fifteen days of
36
the receipt of the notice, revise the rates for the work in question within one month of the
expiry of the said period of fifteen days having regard to the market rates.
16.7 Under the circumstances, the contractor shall at any stage not suspend the work on account
of non-settlement of rates of such Deviated/Extra/Substituted items.
CLAUSE - 17: CONTRACTOR’S SUPERVISION

17.1 The contractor shall either himself supervise the execution of the works or shall appoint at
his own expense, a qualified and experienced Engineer as his accredited agent approved by
the Engineer-in-Charge, if contractor has himself not sufficient knowledge or experience to
be capable of receiving instruction or cannot give his full attention to the works. The
contractor or his agent shall be present at the site(s) and shall supervise the execution of the
works with such additional assistance in each trade, as the work involved shall require and
considered essential by the Engineer-in-Charge. Further the directions/instructions given by
the Engineer-in-Charge to the contractor's agent shall be considered to have the same force
as if these had been given to the contractor himself.
17.2 If the contractor fails to appoint a suitable agent as directed by the Engineer-in-Charge, the
Engineer-in- Charge shall have full powers to suspend the execution of the works until such
date as a suitable agent is appointed by the contractor and takes over the charge of
supervision of the work. For any such suspension, the contractor shall be held responsible
for delay so caused to the work.
CLAUSE - 18: INSTRUCTIONS AND NOTICE
18.1 Except as otherwise provided in this contract, all notices to be given on behalf of the
Authority and all other actions to be taken on its behalf may be given or taken by the
Engineer-in-Charge or any officer for the time being entrusted with the functions, duties and
powers of the Engineer-in-Charge.
18.2 All instructions, notices and communications etc. under the contract shall be given in
writing and any such oral orders / instructions given shall be confirmed in writing and no
such communication which is not given or confirmed in writing shall be valid.
18.3 All instructions, notices and communications shall be deemed to have been duly given or
sent to the contractor, if delivered to the contractor, his authorized agent, or left at, or posted
to the address given by the contractor or his authorized agent or to the last known place of
abode or business of the contractor or his agent of services by post shall be deemed to have
been served on the date when in the ordinary course of post these would have been delivered
to him and in other cases on the day on which the same were so delivered or left.
18.4 The Engineer-in-Charge shall communicate or confirm the instructions to the contractor in
respect of the execution of work through a “Site Order Book“ maintained in the office of the
Engineer-in-Charge and the contractor or his authorized representative shall confirm receipt
of such instructions by signing the relevant entries in this book. If required by the
37
Contractor, he shall be furnished a certified true copy of such instruction(s). The pro-forma
for Site Order Book to be maintained at site is given in Annexure – III.
18.5 The “Hindrance Register” shall be maintained at the site of work, where any hindrance
which comes to the notice of the representative of the Engineer-in-Charge shall be recorded
and immediately a report will be made to the Engineer-in-Charge within a week. The
Engineer-in-Charge shall review the Hindrance Register at least once in a month. The pro-
forma on which the Hindrance Register shall be maintained is given in Annexure-IV.
CLAUSE -19: PLANT AND EQUIPMENT
19.1 The Contractors shall provide and install all necessary plant; equipment and machinery
required for the execution of the work under the contract, at his cost and shall use such
methods and appliances for the purpose of all the operations connected with the work
covered by the contract, which shall ensure the completion of work(s) within the specified
time.
19.2 Subject to the availability of any item(s), plant, equipment and machinery the Authority at
the written request of the contractor, may issue to the contractor on hire for being deployed
on the work contracted for, at pre- determined rates, terms and conditions at the sole
discretion of the Engineer-in-Charge.
CLAUSE – 20: PATENT RIGHTS
The contractor shall indemnify the Authority, its representatives or its employees against
any action, claim or proceeding relating to infringement or use of any patent or design or
any alleged patent or design rights and shall pay any royalties or other charges which may
be payable in respect of any article or material or part thereof included in the contract. In
the event of any claim being made or action being brought against the Authority or any
agent, servant or employee of the Authority in respect of any such materials as aforesaid the
contractor shall immediately be notified thereof. Provided that such indemnification shall
not apply when such infringement has taken place in complying with the specific directions
issued by the Authority but the contractor shall pay any royalties or other charges payable in
respect of any such use, the amount so paid being reimbursement to the contractor only if
the use was the result of any drawings and or specifications issued after submission of the
tender.
CLAUSE – 21: MATERIALS
21.1 The contractor shall at his own expenses provide / arrange all materials required for the
bona-fide use on work under the contract.
21.2 All materials/parts to be provided by the contractor shall be in conformity with the
specifications laid down in the contract and the contractor shall furnish from time to time
proof and samples, at his own cost, the materials/parts as may be specified by the Engineer-
38
in-Charge. Further the Engineer-in-Charge shall also have powers to have such tests, in
addition to those specified in the contract, as may be required and the contractor shall
provide all facilities to carry out the same. The cost of materials/parts consumed in such
tests and also the expenses incurred thereon including the cost of the testing charges, shall
be borne by the contractor in all cases and also where such tests which are in addition to
those provided in the contract disclose that the materials are in conformity with the
provisions of the contract.
21.3 The Engineer-in-Charge or his representative shall be entitled at any time to inspect and
examine any materials/parts intended to be used in the works, either on the site or at factory
or workshop or other place(s) where such materials are assembled, fabricated, manufactured
or any place where these are lying or from where these are being obtained. For this,
purpose, the contractor shall afford such facilities as may be required for such inspection
and examination.
CLAUSE - 22: LAWS GOVERNING THE CONTRACT
The Courts at Patna only shall have the jurisdiction for filing the award of the arbitration and
for any other judicial proceedings.
CLAUSE - 23: WATCH & WARD AND LIGHTING
The Contractor shall provide and maintain at his expense all lights, guards, fencing and
watch & ward when and where necessary or as required by the Engineer-in-Charge for the
protection of the works or for the safety and convenience of those employed on the works or
the public.
CLAUSE - 24: WORK DURING NIGHT OR ON SUNDAYS AND HOLIDAYS
24.1 Subject to any provisions to the contrary contained in the contract, none of the works shall
be carried out during Sundays and national holidays without the permission in writing of the
Engineer-in-Charge. However, when work is unavoidable or necessary for safety of life,
property or works, contractor shall take necessary action immediately and advise the
Engineer-in-Charge accordingly.
24.2 The Engineer-in-Charge at its discretion may, however, direct the contractor that the work
may be carried out on holidays, Sundays and/or in extra shifts to ensure completion of works
under the contract as scheduled.
CLAUSE - 25: LABOUR
25.1 (a) The contractor shall employ labour in sufficient numbers to maintain the required
rate of progress and of quality to ensure workmanship of the degree specified in the
contract and to the satisfaction of the Engineer-in-Charge. The Contractor shall not
39
employ in connection with the works any person who has not completed eighteen
years of age the minimum age specified in Indian Labour Law.
(b) If any foreigner is employed by the contractor on the work within the site the later
shall ensure that such foreigner possesses the necessary special permit issued by the
Civil Authorities in writing and also comply with the instructions issued there-from
from time to time. In the event of any lapse in this regard on the part of such
foreigner the contractor shall be personally held responsible for the lapse &
Authority shall not be liable in any event.
(c) The Contract is liable for cancellation if either the contractor himself or any of his
employee is found to be a person who has held Class-I post under the Authority
immediately before retirement and has within two years of such retirement accepted
without obtaining the previous permission of the Authority or of the Chairman as the
case may be and employment as contractor for, or in connection with the execution
of the public works, or as an employee of such contractor. If the contract is
terminated on account of the failure of the contractor to comply with the above
clause, the Authority shall be entitled to recover from him such damages as may be
determined by the Engineer-in-Charge with due regard to the inconvenience caused
to the Authority on account of such termination without prejudice to the Authority's
right to proceed against such officer.
25.2 The contractor shall furnish and deliver fortnightly to the Engineer-in-Charge, a distribution
return of the number and description by trades of the works of people employed on the
works. The contractor shall also submit on the 4th and 19th of every month for the period of
second half of the preceding month and first half of the current month respectively to the
Engineer-in-Charge, a true statement in respect of the following.
i) Any accident if occurred during the said fortnight showing the circumstances under
which it happened and the extent of damage and injury caused by it and.
ii) The number of female workers who have been allowed maternity benefit as provided
in the Maternity Benefit Act 1961 or Rules made there under and the amount paid to
them.
25.3 The Contractor shall pay to labourer employed by him either directly or through sub-
contractors wages not less than wages as defined in Minimum Wages Act 1948 and Contract
Labour (Regulation and Abolition) Act 1970 amended from time to time and rules framed
there-under and other labour laws affecting contract labour that may be brought in force
from time to time.
25.4 The Contractor shall also comply with the provisions of all Acts, Laws, any Regulation or
Bye Laws of any Local or other Statutory Authority applicable in relation to the execution
of works such as:
40
i) Payment of Wages Act, 1936 (Amended)
ii) Minimum Wages Act, 1948 (Amended).
iii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules framed there
under as amended.
iv) Workmen Compensation Act, 1923 as amended by Amendment Act no.65 of 1976.
v) Employer's Liability Act 1938 (Amended)
vi) Maternity Benefit Act. 1961 (Amended)
vii) The Industrial Employment (Standing orders) Act 1946 (Amended).
viii) The Industrial Disputes Act. 1947 (Amended)
ix) Payment of Bonus Act.1965 and Amended Act No. 43 of 1977 and No. 48 of 1978
and any amended thereof:
x) The Personal Injuries (Compensation Insurance) Act 1963 and any modifications
thereof and rules made thereunder from time to time. The Contractor shall take into
account all the above and financial liabilities in his quoted rates and nothing extra,
whatsoever, shall be payable to him on this account.
The list is indicative only, otherwise the contractor should be aware of all the Acts/Labour
Laws and should follow diligently on the work. The contractor shall be fully and personally
responsible for the violation of any Act/Labour Law
25.5 The Contractor shall be liable to pay his contribution and the employees contribution to the
State Insurance Scheme in respect of all labour employed by him for the execution of the
contract, in accordance with the provision of "the Employees State insurance Act 1948" as
amended from time to time. In case the Contractor fails to submit full details of his account
of labour employed and the contribution payable, the Engineer-in- Charge shall recover
from the running bills the contribution amount as assessed by him. The amount so
recovered shall be adjusted against the actual contribution payable for Employees State
Insurance.
25.6 The Engineer-in-Charge shall on a report having been made by an inspecting officer as
defined in the Contract Labour (Regulation and Abolition) Act and Rules or on his own in
his capacity as Principal Employer, have the power to deduct from the amount due to the
contractor any sum required for making good the loss suffered by worker(s) by reason of
non-fulfillment of the conditions of the Contract for the benefit of Workers, nonpayment of
wages or on account of deduction made from the wages of the workers which are not
justified by the terms of the contract or non- observance of the said Act and Rules framed
there under with amendments made from time to time.
25.7 The Contractor shall indemnify the Authority against any payments to be made under and
for observance of the Regulation Laws, Rules as stipulated in Clause-25.4 above without
41
prejudice to his right to claim indemnity from his sub-contractors. In the event of the
contractor's failure to comply with the provisions of all the Acts/Laws stipulated in Clause-
25.4 or in the event of decree or award or order against the contractor having been received
from the competent authority on account of any default or breach or in connection with any
of the provisions of the Acts/Laws/Rules mentioned in Sub-Clause 25.4 above, the
Engineer-in-Charge without prejudice to any other right or remedy under the contract shall
be empowered to deduct such sum or sums from the Bill of the contractor or from his
security deposit or from other payment due under this contract or any other contract to
satisfy within a reasonable time the provisions of the various Acts/Laws/Rules/Codes as
mentioned under Sub-Clause 25.4 above, on the part of the contractor under the contract
on behalf of and at the expenses of the contractor and make payment and /or provide
amenities/ facilities/services accordingly. In this regard, the decision of the Engineer-in-
Charge shall be conclusive and binding on the contractor.
25.8 In the event or the Contractor committing a default or breach of any of the provisions of the
aforesaid Contract's Labour (Regulation and Abolition) Act and Rules as amended from
time to time or furnishing any information or submitting or filling any form/Register/Slip
under the provisions of these Regulations which is materially incorrect then on the report
of the Inspecting officer as defined in the relevant Acts and Rules as referred in Clause
25.4 above, the Contractor shall without prejudice to any other liability pay to the
Authority a sum not exceeding Rs.50/- (Rs. Fifty only) as liquidated damages for every
default, breach or furnishing, making, submitting, filling materially incorrect statement as
may be fixed by the Engineer-in-Charge. The decision of the Engineer-in-Charge in this
respect shall be final & binding.
25.9 The Contractor shall at his own expenses comply with or cause to be complied with the
Provisions/ Rules provided for welfare and health of Contract Labour in the Contract Labour
(Regulation and Abolition) Act and other relevant Acts and Rules framed there under or any
other instructions issued by the Authority in this regard for the protection of health and for
making sanitary arrangements for workers employed directly or indirectly on the works. In
case the contractor fails to make arrangements as aforesaid, the Engineer-in-Charge shall be
entitled to do so and recover the cost thereof from the contractor.
25.10 The Contractor shall at his own expense arrange for the safety or as required by the
Engineer-in-Charge, in respect of all labour directly or indirectly employed for performance
of the Works and shall provide all facilities in connection therewith. In case the contractor
fails to make arrangements and provide necessary facilities as aforesaid, the Engineer-in-
Charge shall be entitled to do so and recover the cost thereof from the Contractor. But this
will not absolve the contractor of his responsibility or otherwise thereof.
25.11 Failure to comply with "Provisions/Rules made for Welfare and Health of Contract Labour"
Safety Manual, or the provisions relating to report on accidents and grant of maternity
benefits to female workers and the relevant Acts/Rules referred in clause 25.4 above shall
make the contractor liable to pay to the Authority as liquidated damages an amount not
exceeding Rs. 50/- for each default or materially incorrect statement. The decision of the
42
Engineer-in-Charge in such matters based on reports from the inspecting Officers as defined
in the relevant Acts and Rules as referred in clause 25.4 above shall be final and binding and
deductions for recovery of such liquidated damages may be made from any amount payable
to the contractor. In the event of any injury, disability or death of any workmen in or about
the work employed by the contractor either directly or through his sub-contractor, contractor
shall at all time indemnify and save harmless the Authority against all claims, damages and
compensation under the Workmen Compensation Act. 1923 as amended from time to time
or in other Law for the time being in force and Rules there-under from time to time and also
against all costs, charges and expenses of any smooth action by proceedings arising out of
such accidents or injury, disability or death of a workmen and against all sum or sums which
may with the consent of the contractor be paid to compromise or compound any claim in
this regard. If any award, decree or order is passed against the contractor for recovery of any
compensation under the Workmen Compensation Act, 1923, for any injury, disability or
death of a workman by any competent court, the said sum or sums shall be deducted by the
Engineer-in-Charge from any sum then due or that may become due to the contractor or
from his security deposit or sale thereof in full or part under the contract or any other
contract with the Authority towards fulfillment of the said decree, award or orders.
25.12 Provided always that the contractor shall have no right to claim payments/claims whatsoever
on account of his compliance with his obligations under this clause and Labour Regulations.
25.13 The contractor shall not otherwise than in accordance with the statutes ordinance and
Government Regulations or orders for the time being in force import, sell, give, barter or
otherwise dispose of any alcoholic liquor or drugs to permit or suffer any such import, sale,
gift, barter or disposal by his sub-contractor, agent or employees.
25.14 The contractor shall not give, barter or otherwise dispose of to any person or persons any
arms or ammunition of any kind or permit to suffer the same as aforesaid.
25.15 The Contractor shall employ for the execution of the works only such persons as are skilled
and experienced in their respective trades and Engineer-in-Charge shall be at liberty to
object to and require the contractor to remove from the works any persons employed by the
Contractor for the execution of the works who, in the opinion of the Engineer-in-Charge,
misconduct himself or is incompetent or negligent in the proper performance of his duties.
The contractor shall forthwith comply with such requisition and such person shall not be
again employed upon the works without permission of the Engineer-in-Charge.
25.16 Release of Security deposit after labour clearance: 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 completed, the contractor shall apply for clearance certificate to
the Labour Officer under intimation to Engineer-in-Charge. The Engineer-in-Charge on the
receipt of such communication shall write to 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 three months after completion of work and/or no communication is received from
Labour Officer to this effect till six months after the date of completion, it will be deemed to
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have received the clearance certificate and the security deposit will be released if otherwise
due.
CLAUSE – 26: MATERIALS OBTAINED FROM EXCAVATION SUCH AS

COINS, FOSSILS, ETC.
26.1 Materials of any kind obtained from excavation on the site shall remain the property of the
Authority and shall be disposed off as directed by the Engineer-in-Charge.
26.2 However, if any of the materials thus obtained from excavation on the site is such as can be
used in the execution of the work under the contract, the contractor will be allowed to use
the same free of cost (except that any amount of royalty paid for in this regard by the
Authority shall be recoverable from the contractor) for the aforesaid purpose provided the
same is found suitable and is approved by the Engineer-in-Charge.
26.3 Fossils, coins, articles of value, structures and other remains or things of geological or
archeological interest discovered on the site shall be the absolute property of the Authority.
The contractor shall take reasonable precautions to prevent his labour or any other person
from removing or damaging any such article or thing and shall acquaint the Engineer-in-
Charge with such discovery and carryout the Engineer-in-Charge’s directions as to the
disposal of the same at the expense of the Authority.
CLAUSE – 27: FORCE MAJEURE

27.1 The term Force Majeure shall herein mean Riots (other than among the contractor's
employees), Civil Commotion (to the extent no insurable), war (whether declared or not),
invasion, act of foreign enemies, hostilation, civil war, rebellion, revolution, insurrection,
military or usurped power, damage from aircraft, nuclear fission, acts of God, such as
earthquake (above 7 magnitude on Richter Scale), lightning, unprecedented floods, fires not
caused by contractor's negligence and other such causes over which the contractor has no
control and are accepted as such by the Engineer-in-Charge, whose decision shall be final
and binding. In the event of either party being rendered unable by Force Majeure to
perform any obligation required to be performed by them under this contract, the relative
obligation of the party affected by such Force Majeure shall be treated as suspended for the
period during which such Force Majeure cause lasts, provided the party allowing that it has
been rendered unable as aforesaid, thereby shall notify within 15 days of the alleged
beginning and ending thereof giving full particulars and satisfactory evidence in support of
such cause.
27.2 For delays arising out of Force Majeure, the bidder shall not claim extension in completion
date for a period exceeding the period of delay attributable to the causes of Force Majeure
and neither the Authority nor the bidder shall be liable to pay extra costs provided it is
mutually established that Force Majeure conditions did actually exist.
27.3 If any of the Force Majeure conditions exists in the places of operation of the bidder even at
the time of submission bid, he shall categorically specify in his bid and state whether they
have been taken into consideration in their quotations.
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CLAUSE - 28: LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND
RECTIFICATION THEREOF
28.1 If the contractor or his labour or his sub-contractor, injure, destroy or damage, battery, solar
panel, lighting system, road, fence, enclosures, water pipe, cables, buildings, drains,
electricity or telephone posts, wires, trees, grass line, cultivated land in the area in which
they may be working or in the area contiguous to the premises on which the work or any
part of it is being executed or if any damage is caused to any item belonging to IWAI or to
any person during the progress of work, the Contractor shall upon receipt of a notice in
writing in that behalf from the Engineer-in-Charge, make good the same at his cost.
28.2 If it appears to the Engineer-in-Charge or his representative at any time during the progress
of work or prior to the expiration of the Defects Liability period that any work has been
executed with unsound, imperfect or unskilled workmanship or that any materials or articles
provided by the Contractor for execution of the work are unsound or of a quality inferior to
that contracted for, or otherwise not in accordance with the Contract, or that any defect,
shrinkage or other faults found in the work arising out of defective design or defective/
improper materials or workmanship, the Contractor shall, upon receipt of a notice in writing
in that behalf from the Engineer-in-Charge forthwith rectify or remove and reconstruct the
work so specified in whole or in part, as the case may be, and/or remove the
materials/articles so specified and provide other proper and suitable materials at his
expense.
28.3 All damages caused by accidents or carelessness of the contractor or any of his employees
or any property belonging to the Authority is wasted or is misused by the contractor or any
of his employees shall be to the account of the contractor, who shall make good the loss.
CLAUSE – 29: CONTRACTOR'S LIABILITY AND INSURANCE
29.1 From commencement to completion of the work(s) as a whole, the Contractor shall take full
responsibility for the care thereof and for taking precautions to prevent loss or damage. He
shall be liable for any damage or loss that may happen to the works or any part thereof and
to the Authority's Plant, Equipment and Material (hired or issued to the Contractor) shall be
in good order and condition and in conformity in every respect with the requirements of the
Contract and instructions of the Engineer-in-Charge.
29.2 i) Neither party to the contract shall be liable to the other in respect of any loss or
damage which may occur or arise out of "Force Majeure" to the works or any part
thereof on to any material or article at site but not incorporated in the works or to any
person or anything or material whatsoever or either party provided such a loss or
damage could not have been foreseen or avoided by a prudent person and the either
party shall bear losses and damages in respect of their respective men and materials.
As such liability of either party shall include claims/ compensations of the third party
also.
ii) Provided, however, in an eventuality as mentioned in sub-clause - 29.2 (i) above, the
following provisions shall also have effect:
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(a) The Contractor shall, as may be directed in writing by the Engineer-in-
Charge proceed with the completion of the works under and in accordance
with the provisions and conditions of the contract, and
(b) The Contractor shall, as may be directed in writing by the Engineer-in-

charge, re-execute the works lost or damaged, remove from the site any
debris and so much of the works as shall have been damaged and carry the
Authority's T & P, Plant and Equipment, Material etc. to the Authority's
store. The cost of such re-execution of the works, removal of damaged
works and carrying of Authority's store shall be ascertained in the same
manner as for deviations and this shall be ascertained in the same manner as
for deviations and this shall be added to the contract sum. Provided always
that the Contractor shall, at his own cost, repair and make good so much of
the loss or damage as has been occasioned by any failure on his part to
perform his obligations under the contract or not taking precautions to
prevent loss or damage or minimize the amount of such loss or damage, Final
assessment of loss or damage shall be decided by the Engineer-in-Charge and
his decision shall be final and binding.
29.3 The contractor shall take special precautions to see that public places and roads adjacent to
contractor's yard are not blocked at anytime either by his material or by his workmen. The
roads are to be kept always clear and no equipment/materials shall be stacked.
29.4 The navigable waterways shall not be blocked by Contractor's vessels. The anchors dropped
in the waterways shall be properly marked and removed after done with.
29.5 The contractor shall indemnify and keep indemnified the Authority against all losses and
claims for death, injuries or damage to any person or any property whatsoever which may
arise out of or in consequence of the construction and maintenance, of works during the
contract period and also against all claims, demands, proceedings, damages, costs, charges
and expenses whatsoever in respect of or in relation thereto, and such liabilities shall include
claims/compensations of the third party.
29.6 (a) Before commencing execution of the work, the Contractor shall without in any way
limiting his obligations and responsibilities under this condition, insure against any
damage, loss or injury which may occur to any property (excluding that of the
Authority but including the Authority building rented to the contractor wholly or in part
and any part of which is used in part and any part of which is used by him for storing
combustible materials) public liability by arising out of the carrying out of the contract.
For this purpose the contractor shall take out, pay all costs and maintain throughout the
period of his contract public liability with the following coverage.
i) Public liability limits for bodily injury or death not less than Rs. 1,00,000 for one
person and Rs. 2,00,000 for each accident.
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ii) Property liability limits for each accident not less than Rs. 1,00,000
iii) The Contractor shall prove to the Engineer-in Charge from time to time that he has
taken out all the insurance policies referred to above and has paid the necessary
premiums for keeping the policies alive till expiry of the Defects Liability Period.
(b) The Contractor shall ensure that similar insurance policies are taken out by his sub-
contractor (if any) and shall be responsible for any claims or losses to the Authority
resulting from their failure to obtain adequate insurance protection in connection
thereof. The Contractor shall produce or cause to be produced by his sub-contractors
(if any) as the case may be, relevant, policy or policies and premium receipt as and
when required by the Engineer-in-Charge.
(c) If the contractor and/or his sub- contractor (if any) shall fail to effect and keep in force
the insurance referred to above or any other insurance which he/they may be required to
effect under the term of the Contract then and in any such case the Authority may,
without being bound to effect and keep in force any such insurance and pay such
premium or premiums as may be necessary for that purpose and from time to time
deduct the amount so paid by the Authority from any moneys due or which may
become due to the contractor or recover the same as a debt due from the contractor.
(d) The contractor shall at his own expense arrange for the safety provisions as required in
respect of the works covered under this contract as per the instruction of Engineer-in-
charge. In case, the contractor fails to comply with the provisions of the safety the
Engineer- in-Charge shall be entitled to and make the necessary arrangements at the
risk and cost of the contractor. This will, however, not absolve the Contractor of his
overall responsibility to execute the works under the contract.
CLAUSE – 30: SUSPENSION OF WORKS
30.1 The contractor shall on the receipt of order 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 or times and in such manner as the Engineer-in-Charge may consider
necessary.
30.2 The suspension of the work can be done by Engineer-in-Charge 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 the reasons other than the default of
the contractor or
(c) for the safety of the works or part thereof.
30.3 The contractor shall during the suspension period, properly protect and secure the works to
the extent necessary and carry out the instructions given in that behalf by the Engineer-in-
Charge.
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30.4 If the suspension is ordered for the reasons under the Clause 30.2(b) and (c) above, the
contractor shall be entitled to the extension of time equal to the period of every such
suspension Plus 25% for the 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 suspended work
forms a part
CLAUSE – 31: FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE

TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK
If at any time after acceptance of the tender the Authority decides to abandon or reduce the
scope of the works for reason whatsoever and hence does not require the whole or any part
of the works to be carried out, the Engineer-in-Charge (with the prior approval of competent
authority mentioned in scheduled ‘B’) shall give notice in writing to that effect to the
contractor and 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 could not derive in consequence of the
fore closure of the whole or part of the works.
CLAUSE – 32: TERMINATION OF CONTRACT ON DEATH
If the Contractor is an individual or a proprietary concern and the individual or the

proprietor dies, or if the Contractor is a partnership concern and one of the partners dies,
then, unless the Engineer-in-Charge is satisfied that the legal representatives of the
individual contractor or of the proprietor of the proprietary concern and in the case of
partnership, the surviving partners are capable of carrying out and completing the contract,
the Engineer-in-Charge shall be entitled to terminate the Contract as to its incomplete part
without the Authority being in anyway liable to payment of any compensation whatsoever
on any account to the estate of the deceased Contractor and/or to the surviving partners of
the Contractor's firm on account of termination of the Contract. The decision of the
Engineer-in-Charge that the legal representatives of the deceased contractor or the surviving
partners of the Contractor's firm cannot carry out and complete the works under the contract
shall be final and binding on the parties. In the event of such termination, the Authority shall
not hold the estate of the deceased Contractor and/or the surviving partners of the
Contractor's firm liable for damages for not completing the contract. Provided that the
power of the Engineer-in-Charge of such termination of contract shall be without prejudice
to any other right or remedy which shall have accrued or shall accrue to him under the
contract.
CLAUSE– 33: CARRYING OUT PART OF WORK AT THE RISK AND COST OF THE
CONTRACTOR
33.1 If the contractor
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(i) At any time makes default during the currency of work or does not execute any part of
the work with due diligence and continues to do so even after a notice in writing of 7
days in this respect from the Engineer-in-Charge; or
(ii) Commits default in complying with any of the terms and conditions of the contract and
does not remedy it or takes effective steps to remedy it within 7 days even after a notice
in writing is given in that behalf by the Engineer-in-Charge; or
(iii) 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.
33.2 The Engineer-in-Charge without invoking action under clause 36 may, without prejudice to
any other right or remedy against the contractor which have either accrued or accrue
thereafter to IWAI, 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 items (s) by any means at the risk
and cost of the contractor.
33.3 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 IWAI because of action under this clause shall not
exceed 10% of the tendered value of the work.
33.4 In determining the amount, credit shall be given to the contractor with the value of work
done in all respect in the same number 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 IWAI are less than the amount payable to the contractor at his
agreement rates, the difference shall not be payable to the contractor.
33.5 Any excess expenditure incurred or to be incurred by IWAI in completing the part work/
part incomplete work of any item (s) or the excess loss of damages suffered or may be
suffered by IWAI as aforesaid after allowing such credit shall without prejudice to any other
right or remedy available to IWAI 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 contactor shall be
called upon in writing and shall be liable to pay the same within 30 days.
33.6 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
49
materials, constructional plant, implements, temporary building at site etc. and adjust the
proceeds of sale thereof towards the dues recoverable from the contactor under the contract
and if thereafter there remains any balance outstanding, it shall be recovered in accordance
with the provisions of the contract.
33.7 In the event of the 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.
CLAUSE - 34: COMPLETION TIME AND EXTENSIONS
34.1 The Engineer-in-Charge will make available to the contractor the site to enable the
contractor to commence & proceed with the execution of the work in accordance with
agreed programme. If there is any delay in making available any area of the work or the
delays mentioned in Para 34.4, the competent authority as specified in schedule ‘B’ on the
recommendations of the Engineer-in-Charge shall grant reasonable extension of time for
completion of work. But the contractor shall not claim any compensation whatsoever on this
account.
34.2 If after the award of the work the contractor commits defaults in commencing the execution
of work as aforesaid, Govt. shall without prejudice to any other right or remedy available in
law, be at liberty to forfeit the earnest money & performance guarantee absolutely.
34.3 As soon as possible after the Contract is concluded, the Contractor shall submit a Time and
Progress Chart get it approved by the Department. The Chart shall be prepared in direct
relation to the time stated in the Contract documents for completion of items of the works. It
shall indicate the forecast of the dates of commencement and completion of various trades of
sections of the work.
34.4 However, if the work (s) be delayed by: -
(i) Force majeure as per clause 27, or
(ii) Abnormally bad weather, or
(iii) Serious loss or damage by fire, or
(iv) Civil commotion, local commotion of workmen, strike or lockout, affecting any of
the trades employed on the work, or
(v) Delay on the part of other contractors or tradesman engaged by Engineer-in-Charge
in executing work not forming part of the contract, or
(vi) Non-availability of stores, which are the responsibility of Government to supply or
(vii) Non-availability of breakdown of Tools and Plant to be supplied or supplied by
Government or
(viii) Any other cause which, in the absolute discretion of the Engineer-in-Charge is
beyond the Contractor’s control.
Then immediately upon the happening of any such events as aforesaid, the contractor shall
inform the Engineer-in-Charge accordingly, but the contractor shall nevertheless use
50
constantly his best endeavors to prevent and/or make good the delay and shall do all that
may be required in this regard. The Contractor shall also request, in writing, for extension of
time, to which he may consider himself eligible under the contract, within fourteen days of
the date of happening of any such events as indicated above.
34.5 In case the cost of the work is more than 10 crores than the total scope of work will be
divided into milestones. The contractor shall submit a Time & Progress chart for each
milestone and get it approved by the competent authority.
34.6 Request for rescheduling of Mile stones and extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within fourteen days of the
happening of the event causing delay on the prescribed form to the competent authority as
indicated in Schedule ‘B’. The Contractor may also, if practicable, indicate in such a request
the period for which extension is desired.
34.7 In any such case as may have arisen due to any of the events, as aforesaid, and which may
have been brought out by the contractor in writing, the Competent Authority mentioned in
Scheduled ‘B’ may give a fair and reasonable extension of time, after taking into
consideration the nature of the work delayed and practicability of its execution during the
period of extension.
34.8 Such extensions shall be communicated to the contractor by the Engineer-in-Charge in

writing. The contractor shall not be entitled to claim any compensation or over run charges
whatsoever for any extension granted.
CLAUSE – 35: LIQUIDATED DAMAGES FOR DELAY
35.1 If the contractor fails to maintain the required progress in terms of clause 34 or to complete
the work and clear the site on or before the date of completion as per the contract or
extended date of completion, he shall, without prejudice to any other right or remedy
available under the law to the authority on account of such breach, pay as agreed liquidated
damages the amount calculated at the rates stipulated below.
(i) Liquidated Damages @ 0.5 % per week of delay

for delay of work to be computed on per day basis
Provided always that the total amount of compensation for delay to be paid under this
condition shall not exceed 10% of the Tendered Value of work.
The competent authority mentioned in Schedule ‘B’ (whose decision in writing shall be final
& binding) may decide on the amount of tendered value of the work for every completed
day/month (as applicable) that the progress remains below that specified in Clause 34 or that
the work remains incomplete.
The amount of liquidated damages may be adjusted or set-off against any sum payable to the
Contractor under this or any other contract with the authority.
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35.2 In case of contracts having tendered amount more than 10 crores, if the contractor does not
achieve a particular milestone mentioned in schedule ‘B’, or the re-scheduled milestone(s)
in terms of Clause 34.6, the amount shown against that milestone shall be withheld, to be
adjusted against the liquidated damages levied at the final decision on Extension of Time.
With-holding of this amount on failure to achieve a milestone, shall be automatic without
any notice to the contractor. However, if the contractor catches up with the progress of work
on the subsequent milestone(s), the withheld amount shall be released. In case the contractor
fails to make up for the delay in subsequent milestone(s), amount mentioned against each
milestone missed subsequently also shall be withheld. However, no interest, whatsoever,
shall be payable on such withheld amount.
35.3 In case of contracts having tendered amount less than 10 crores, if the work remains
incomplete after the stipulated date of completion, the Engineer-in-charge may withhold
10% of the tendered value of the work from the running payments of the contractor pending
final decision of the competent authority mentioned in schedule ‘B’ on the extension of time
case. If the competent authority decides to grant extension of time without levy of liquidated
damages or levy part of the total liquidated damages specified above, then the balance
withheld amount after adjusting the amount of the liquidated damages levied by the
competent authority will be refunded to the contractor.
CLAUSE – 36: WHEN THE CONTRACT CAN BE DETERMINED
36.1 Subject to other provisions contained in this clause, the Engineer-in-Charge may, without
prejudice to his any other rights or remedy against the contractor in respect of any delay,
inferior workmanship, any claims for damages and/or any other provisions of this contract
or otherwise, and whether the date of completion has or has not elapsed, by notice in writing
absolutely determine the contract in any of the following cases:
(i) If the contractor having been given by the Engineer-in-Charge a notice in writing to rectify,
reconstruct or replace any defective work or that the work is being performed in an
inefficient or otherwise improper or un-workman like manner shall omit to comply with the
requirement of such notice for a period of seven days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the work or has
failed to proceed with the work with due diligence so that in the opinion of the Engineer-in-
Charge he will be unable to secure completion of the work by the date for completion and
continues to do so after a notice in writing of seven days from the Engineer-in-Charge.
(iii) If the contractor fails to complete the work within the stipulated date or items of work with
individual date of completion, if any stipulated, on or before such date(s) of completion and
does not complete them within the period specified in a notice given in writing in that behalf
by the Engineer-in-Charge.
(iv) If the contractor persistently neglects to carry out his obligations under the contract and/ or
commits default in complying with any of the terms and conditions of the contract and does
52
not remedy it or take effective steps to remedy it within 7 days after a notice in writing is
given to him in that behalf by the Engineer-in-Charge.
(v) If the contractor shall offer or give or agree to give to any person in IWAI service or to any
other person on his behalf any gift or consideration of any kind as an inducement or reward
for doing or forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of contract.
(vi) If the contractor shall enter into a contract with IWAI in connection with which commission
has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any
such commission and the terms of payment thereof have been previously disclosed in
writing to the Engineer-in-Charge.
(vii) If the contractor shall obtain a contract with IWAI as a result of wrong tendering or other
non-bonafide methods of competitive tendering or commits breach of integrity pact.
(viii) If the contractor being an individual, or if a firm, any partner thereof shall at any time be
adjudged insolvent or have a receiving order or order for administration of his estate made
against him or shall take any proceedings for liquidation or composition (other than a
voluntary liquidation for the purpose of amalgamation or reconstruction) under any
Insolvency Act for the time being in force or make any conveyance or assignment of his
effects or composition or arrangement for the benefit of his creditors or purport so to do, or
if any application be made under any Insolvency Act for the time being in force for the
sequestration of his estate or if a trust deed be executed by him for benefit of his creditors.
(ix) If the contractor being a company shall pass a resolution or the court shall make an order
that the company shall be wound up or if a receiver or a manager on behalf of a creditor
shall be appointed or if circumstances shall arise which entitle the court or the creditor to
appoint a receiver or a manager or which entitle the court to make a winding up order.
(x) If the contractor shall suffer an execution being levied on his goods and allow it to be
continued for a period of 21 days.
(xi) If the contractor assigns, transfers, sublets (engagement of labour on a piece-work basis or
of labour with materials not to be incorporated in the work, shall not be deemed to be
subletting) or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts
with the entire works or any portion thereof without the prior written approval of the
Engineer -in-Charge.
When the contractor has made himself liable for action under any of the cases aforesaid, the
Engineer-in-Charge on behalf of the IWAI with the approval of the competent authority
mentioned in schedule ‘B’ shall have powers:
(a) To determine the contract as aforesaid (of which termination notice in writing to the
contractor under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon
53
such determination, the Earnest Money Deposit, Security Deposit already recovered and
Performance Guarantee under the contract shall be liable to be forfeited and shall be
absolutely at the disposal of the IWAI.
(b) After giving notice to the contractor to measure up the work of the contractor and to take
such whole, or the balance or part thereof, as shall be un-executed out of his hands and to
give it to another contractor to complete the work. The contractor, whose contract is
determined as above, shall not be allowed to participate in the tendering process for the
balance work.
In the event of above courses being adopted by the Engineer-in-Charge, the

contractor shall have no claim to compensation for any loss sustained by him by reasons of
his having purchased or procured any materials or entered into any engagements or made
any advances on account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provision aforesaid, the contractor
shall not be entitled to recover or be paid any sum for any work thereof or actually
performed under this contract unless and until the Engineer-in-Charge has certified in
writing the performance of such work and the value payable in respect thereof and he shall
only be entitled to be paid the value so certified.
CLAUSE – 37: INSPECTION AND APPROVAL
37.1 All works involving more than one process shall be subject to examination and approval at
each stage thereof and the contractor shall give due notice to the Engineer-in-Charge on his
authorized representative, when each stage is ready. In default of such notice, the Engineer-
in-Charge shall be entitled to appraise the quality and extent thereof and the decision of the
Engineer-in-Charge in this regard shall be final and binding.
37.2 No work shall be put out of view without the approval of the Engineer-in-Charge or his
authorized representative and the Contractor shall afford full opportunity for examination.
The contractor shall give due notice to the Engineer-in-Charge or his authorized
representative whenever any such work is ready for examination and the Engineer- in-
Charge or his representative shall, without unreasonable delay, unless he considers it
necessary and advise the contractor accordingly, examine and measure such work. In the
event of the failure or the contractor to give such notice, he shall if required by the Engineer-
in-Charge, uncover such work at the contractor's expenses.
37.3 Periodic inspection will be carried out by the EIC or his representative by their vessels. The
contractor can have the inspection schedules finalized with the Engineer-in-charge.
Generally, all attempts should be made to have joint inspection and number of inspections
be not less than three in a calendar month.
CLAUSE – 38: COMPLETION CERTIFICATE AND COMPLETION PLANS
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38.1 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and within
the specified time limit and under the terms and conditions of the contract. As soon as the
work under the contractor is completed as a whole the contractor shall give notice of such
completion to the Engineer-in-Charge. The Engineer-in-Charge shall inspect the work and
shall satisfy himself that the work(s) has been completed in accordance with the provisions
of the contract and then issue to the Contractor a certificate of completion indicating the date
of completion. Should the Engineer- in-Charge notice that there are defects in the works or
the works are not considered to be complete, he shall issue a notice in writing to the
Contractor to rectify / replace the defective work or any part thereof or complete the work,
as the case may be within such time as may be notified and after the contractor has complied
with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the
work and issue the completion certificate in the same manner as aforesaid.
38.2.1 No certificate of completion shall be issued as stipulated above and no work be considered
to be completed unless the contractor shall have removed from the work site and / or
premises all his belongings / temporary arrangements brought / made by him for the site
and / or premises in all respects and made the whole of the site and / or premises fit for
immediate occupation / use to the satisfaction of the Engineer- in-Charge. If the contractor
fails to comply with the above mentioned requirements on or before the date of completion
of the work, the Engineer-in-Charge, may as he thinks fit and at the risk at cost of the
contractor, fulfill such requirements and remove / dispose of the contractor's belongings /
temporary arrangements, as aforesaid, and the contractor shall have no claim in this respect
except for any sum realized by the sale of Contractor's belongings / temporary
arrangements less the cost of fulfilling the said requirements and any other amount that
may be due from the contractor. Should the expenditure on the aforesaid account exceed
the amount realized by sale of such contractor's belongings / temporary arrangements then
the contractor shall on demand pay the amount of such excess expenditure.
38.2.2 The contractor shall submit the completion plans of the work wherever required within 30
days of the completion of work. In case the contractor fails to submit completion plans as
aforesaid, he shall be liable to pay a sum equivalent to 2.5% of the value of the work
subject to a ceiling of Rs. 15000/- (Rupees fifteen thousand only) as may be fixed by
Engineer-in-Charge concerned and in this respect the decision of the Engineer-in-Charge
shall be final and binding on the contractor.
CLAUSE - 39: MEASUREMENTS
39.1 The Engineer-in-charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the contract.
39.2 Notwithstanding any provision in the relevant standard method of measurement or any
general or local custom, measurement of work done under the contract shall be taken in
accordance with the procedure set forth in the Technical Specifications or Schedule of
Quantities under the contract. In case of items of work which are not covered by the
Technical Specifications or Schedule of Quantities measurement shall be taken in
55
accordance with the relevant standard methods of measurement laid down by the Bureau of
Indian Standard.
39.3 All items having a financial value shall be entered in daily log book/ measurement book
prescribed by the Authority so that the complete work performed under the contract is duly
accounted.
39.4 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized

representative and by the contractor or his authorized representative.
39.5 Before taking measurements of any works, the Engineer-in-Charge or representative

deputed by him for the purpose, shall give a reasonable notice to the Contractor. If the
Contractor fails to attend or send an authorized representative for measurement after such
notice or fails to countersign or to record the objection within a week from the date of taking
the measurements, in such eventuality the measurements taken by the Engineer-in-Charge
shall be taken to be correct and final measurements of such works.
39.6 The contractor shall, without extra charge, provide assistance with every appliance, labour
and other things necessary for measurement.
39.7 Measurements shall be signed and dated by both parties each day on the Site on completion
of measurement. If the contractor objects to any of the measurement recorded by the
representative of the Engineer-in- Charge a note to the effect shall be made in the item
objected to and such note shall be signed and dated by both parties engaged in taking the
measurement. The decision of the Engineer-in-Charge on any such dispute or difference or
interpretation shall be final and binding on the contractor in respect of all contract items,
substituted items, extra items and deviations.
CLAUSE – 40: PAYMENT ON ACCOUNT
40.1 Interim bills shall be submitted by the contractor on completion of the repair of all works of
each vessel after he has successfully made the trial and obtained the certificate for
satisfactory repairing of the respective vessels. The Engineer-in-Charge shall then arrange to
have the bills processed with reference to his measurements and trial records all entered in
measurement book(s).
40.2 Payment on account for amount admissible shall be made by the Engineer-in-Charge
certifying the sum to which the contractor is considered entitled by way of interim payment
for the work executed, after deducting therefrom the amount already paid, the security
deposit and such other amounts as may be withheld, deductible or recoverable in terms of
the contract.
40.3 Payment of the contractor's bills shall be made by the Authority only in Indian Rupees within
30 days from the date of submission of the bill subject to the acceptance of the Engineer-in-
Charge.
56
40.4 Payments due to the contractor shall be made by crossed cheque by the Engineer-in-Charge
or his authorized representative. Such cheques shall be issued direct to the contractor on
furnishing a stamped receipt for the amount of the cheque or to his constituted attorney duly
authorized to receive such payments from the EIC.
40.5 Any interim certificate given relating to work done or materials delivered may be modified
or corrected by any subsequent interim certificate or by the final certificate. No certificate(s)
of the Engineer-in- Charge supporting an interim payment shall itself be conclusive
evidence that any work or materials to which it relates is / are in accordance with the same.
40.6 Should there be a request for extension of date of completion, pending its consideration
interim payments shall continue to be made as provided herein.
40.7 TDS and other statutory taxes at the applicable rates shall be deducted at source from any
payment made to the contractor against this contract.
CLAUSE – 41: TAXES, DUTIES AND LEVIES ETC.
41.1 The prices shall include all the taxes, levies, cess, octroi, royalty, terminal tax, excise, or any
other local, State or Central taxes as applicable/ charged by Centre or State Government or
Local authorities on all materials that the contractor has to purchase for the performance of
the contract and services, shall be payable by the contractor and the Authority will not
entertain any claim for compensation whatsoever in this regard except service tax/GST. The
applicable service tax/GST components should have to be shown separately by the
contractor during submission of bills which would be paid to the contractor as per
prevailing rates. If any new taxes/ change in taxes /increase in taxes become applicable
after the commencement of the contract affecting the total cost, IWAI may pay the new
taxes/ change in taxes/ increase in taxes after ascertaining proper certification and
proof to this extent submitted by the bidders. The contractor has to furnish the proof
of payment to the concerned Govt. Authorities before claiming the next bill.
CLAUSE-42: TAX DEDUCTION AT SOURCE
42.1 TDS and other statutory taxes at the applicable rate as per the various Tax Act/Rules of the
Govt. shall be deducted from all the payment/advances made against the contract.
CLAUSE – 43: PAYMENT OF FINAL BILL
The final bill shall be submitted by the contractor within one month from the date of
completion of the work or of the date the certificate of completion furnished by the
Engineer-in-Charge. No further claim in this regard unless as specified herein under shall
be entertained. Payment of final bill shall be made within three months if the amount of the
contract is up to Rs. 15 lakhs and six months if the value of the work exceeds Rs. 15 lakhs.
If there shall be any dispute about any item or items of the work then the undisputed item or
57
items only shall be paid within the said period of three months or six months, as the case
may be. The contractor shall submit a list of the disputed items within thirty days from the
disallowance thereof and if he fails to do so, his claim shall be deemed to have been fully
waived and absolutely extinguished.
CLAUSE - 44: OVER PAYMENTS AND UNDER PAYMENTS

44.1 Whenever any claim whatsoever for the payments of a sum of money to the Authority arises
out of or under this contract against the contractor, the same may be deducted by the
Authority from any sum then due or which at anytime thereafter may become due to the
contractor under this contract and failing that under any other contract with the Authority or
from any other sum whatsoever due to the contractor from the Authority or from his security
deposit, or he shall pay the claim on demand.
44.2 The Authority reserves the right to carry out post- payment audit and technical examination
of the final bill including all supporting vouchers, abstracts, etc. The authority further
reserves the right to enforce recovery of any over payment when detected notwithstanding
the fact that the amount of the final bill may be included by one of the parties as an item of
dispute before an arbitrator appointed under clause 48 of this contract and notwithstanding
the fact that the amount of the final bill figures in the arbitration award.
44.3 If as a result of such audit and technical examination any over payment is discovered in
respect of any work done by the contractor or alleged to have been done by him under
contract, it shall be recovered by the Authority from the contractor by any of all of the
methods prescribed above, and if any under payment is discovered, the amount shall be duly
paid to the contractor by the Authority.
44.4 Provided that the aforesaid right of the Authority to adjust over-payment against amount due
to the contractor under any other contract with the Authority shall not extend beyond the
period of two years from the date of payment of the final bill or in case the final bill is a
MINUS bill, from the date the amount payable by the Contractor under the MINUS final bill
is communicated to the contractor.
44.5 Any sum of money due and payable to the Contractor (including the security deposit
returnable to him) under the contract may be withheld or retained by way of lien by the
Engineer-in-Charge or Authority against any claim of the Authority or such other person or
persons in respect of payment of a sum of money arising out of or under any other contract
made by the contractor with the Engineer-in-Charge or Authority or with such other person
or persons. The sum of money so withheld or retained under this clause by the Engineer-in-
Charge or Authority will be kept withheld or retained as such by the Engineer-in- Charge or
Authority or till his claim arising out of in the same contract or any other contract is either
mutually settled or determined by the arbitrator, if the contract is governed by the arbitration
clause under the clause 48 or by the competent court hereinafter provided, as the case may
be, and the contractor shall have no claim for interest or damages whatsoever on this
account or any other ground in respect of any sum of money withheld or retained under this
clause.
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CLAUSE – 45: FINALITY CLAUSE
It shall be accepted as an inseparable part of the contract that in matters regarding design,
materials, workmanship, removal of improper work, interpretation of the contract drawings
and contract specifications, mode of procedure and the carryout out of the work the decision
of the Engineer-in-Charge which shall be given in writing shall be final and binding on the
contractor.
CLAUSE – 46: SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED

IS REASONABLE WITHOUT PREFERENCE TO ACTUAL LOSS
All sum payable by way of compensation to the Authority under any of these conditions
shall be considered as reasonable compensation without reference to the actual loss or
damage sustained and whether or not damage shall have been sustained.
CLAUSE - 47: SETTLEMENT OF DISPUTES & ARBITRATION.
47.1 Except where otherwise provided in the contract, all questions and disputes relating to the
meaning of the specifications, design, drawings and instructions here-in-before mentioned
and as to the quality of workmanship or materials used on the work or as to any other
question, claim, right, matter or thing whatsoever in any way arising out of or relating to the
contract, design, drawings, specifications, estimates, instructions, orders or these conditions
or otherwise concerning the works or the execution or failure to execute the same whether
arising during the progress of the work or after the cancellation, termination, completion or
abandonment thereof shall be dealt with as mentioned hereinafter:
(i) If the contractor considers any work demanded of him to be outside the requirements of the
contract, or disputes any drawings, record or decision given in writing by the Engineer-in-
Charge on any matter in connection with or arising out of the contract or carrying out of the
work, to be unacceptable, he shall promptly within 15 days of the receipt of decision from
the Engineer-in-Charge request the Chief Engineer in writing through the Engineer-in-
Charge for written instruction or decision. Thereupon, the Chief Engineer shall give his
written instructions of the decision within a period of one month from the receipt of the
contractor’s letter. However, this will not be reason for the stoppage of work.
(ii) If the Chief Engineer fails to give his instructions or decision in writing within the aforesaid
period or if the contractor is dissatisfied with the instruction or decision of the Chief
Engineer, the contractor may, within 15 days of the receipt of Chief Engineer’s decision,
appeal to the Chairman, IWAI who shall afford an opportunity to the contractor to be heard,
if the latter so desires, and to offer evidence in support of his appeal. The Chairman, IWAI
shall give his decision within 30 days of receipt of contractor’s appeal. If the contractor is
still dissatisfied with his decision, the contractor shall within a period of 30 days from
receipt of the decision, give notice to the Chairman, IWAI for appointment of arbitrator on
59
prescribed proforma as per Appendix V, failing which the said decision shall be final
binding and conclusive and not referable to adjudication by the arbitrator.
47.2 Except where the decision has become final, binding and conclusive in terms of Sub Para
47.1 above, disputes or differences shall be referred for adjudication through arbitration by a
sole arbitrator appointed by Chairman, IWAI.
47.3 Further, within thirty (30) days of receipt of such notice from either party, the Engineer-in-
Charge of work at the time of such dispute shall send to the Contractor a panel of three
persons preferably but not necessarily from the approved panel of arbitrators being
maintained by Indian Council of Arbitration (ICA) and thereafter the Contractor within
fifteen (15) days of receipt of such panel communicate to the Engineer-in-charge the name
of one of the persons from such panel and such a person shall then be appointed as sole
arbitrator by the Chairman, IWAI. However, the arbitrator so appointed shall not be an
officer or the employee of Inland Waterways Authority of India.
Provided that if the Contractor fails to communicate the selection of a name out of the panel
so forwarded to him by the Engineer-in-charge then after the expiry of the aforesaid
stipulated period the Chairman, shall without delay select one person from the aforesaid
panel and appoint him as the sole arbitrator.
47.4 The arbitrator to whom the matter is originally referred being transferred or vacating his
office or being unable to act for any reason, then the Chairman IWAI shall appoint another
person to act as sole arbitrator, such person shall be entitled to proceed with the reference
from the stage at which it was left by the predecessor.
47.5 The award of the Arbitrator shall be final and binding. The Arbitrator shall decide in what
proportion the Arbitrator’s fees, as well as the cost of Arbitration proceeding shall be borne
by either party.
47.6 The Arbitrator with the consent of the parties can enlarge the time, from, time-to-time to
make and publish his award.
47.7 A notice of the existence in question, dispute or difference in connection with the contract
unless served by either party within 30 days of the expiry of the defects liability period,
failing which all rights and claim under this contract shall be deemed to have been waived
and thus forfeited and absolutely barred.
47.8 The Arbitrator shall give reasons for the award if the amount of claim in dispute is Rs.
1,00,000/- and above.
47.9 The work under this Contract shall continue during Arbitration proceedings and no
payments due from or payment by the Authority shall be withheld on account of such
proceedings except to the extent which may be in dispute.
60
47.10 The Arbitration and Conciliation Act 1996 with any statutory modifications or re-enactment
thereof and the rules made there under and being in force shall apply to the Arbitration
proceedings under this clause.
47.11 The parties to the agreement hereby undertake to have recourse only to arbitration
proceedings under for Arbitration Act 1996 and the venue of the arbitration proceeding shall
be Noida/ New Delhi and the parties will not have recourse to Civil Court to settle any of
their disputes arising out of this agreement except through arbitration.
NOTE: In case of contract with another Public Sector Undertaking, following Arbitration Clause
shall apply: "Except as otherwise provided, in case of a contract with a public Sector
Undertaking if at any time any question dispute or difference whatsoever arises between the
parties upon or in relation to, or in connection with this agreement, the same shall be settled
in terms of the Ministry of Industry, Department of Public Enterprises O.M No. 3/5/93-
PMA dt.30.06.93 or any modifications / amendments thereof. "The arbitrator shall have the
power to enlarge the term to publish the award with the consent of the parties provided
always that the commencement or continuation of the arbitration proceeding shall not result
in cessation or suspension of any of other rights and obligations of the parties of any
payments due to them hereunder.
CLAUSE - 48: CLAIMS
48.1 The contractor shall send to the Engineer-in-Charge once in every month on account giving
particulars, as full and detailed as possible of all claims for any additional payment to which
the contractor may consider himself entitled and of all extra work or additional work ordered
in writing and which has been executed during proceeding month.
48.2 No claim for payment of any extra work or expenses will be considered which has not been
included in such particulars. The Engineer-in-Charge may consider payment for any such
work or expense, where admissible under the terms of the Contract.
48.3 Any claim which is not notified in two consecutive monthly statements for the two
consecutive months shall be deemed to have been waived & extinguished.
CLAUSE 49: INTEREST
‘No interest shall be payable on account due to the contractor against final bills or any other
payment due under the contract.
PART- III
61
TECHNICAL SPECIFICATIONS & SPECIAL CONDITIONS
1. The contractor shall forthwith dispatch raise and remove any plant (floating or otherwise)
belonging to him or to any person employed by him which may sunk in the course of
execution and completion of the works or otherwise deal with the same as per E.I.C. or the
representative may direct. Until the same shall be raise and removed the contractor shall
display at night such lights and do all such things for the safety of navigation as may be
required by the department. In the event of the contractor not carrying out the obligation
imposed upon him by this clause, the Engineer-in-charge shall raise and remove the same
(without prejudice to the right of the Authority to hold the contractor liable) and the
contractor shall pay to the Authority all costs incurred in connection therewith. The fact that
broken vessel, craft or plant is insured or has been declared a total loss, shall not absolve the
contractor from his obligation under this to raise and remove the same.
2. REPLACEMENT OF DEFECTIVE WORK, MATERIALS AND FITTINGS
All materials used in carrying out this contract shall confirm to the concerned standards and
shall be to the entire satisfaction to the Engineer-in-charge or his representative. Any portion
or portions of the materials, machinery or any of the works done under his contract which
may be considered by the EIC or his representative to be defective or unsatisfactory or not in
accordance with the specifications shall be replaced/made good in a manner satisfactory of
E.I.C. or his representative at the expenses of the contractor. E-way bill if the goods/spares
are procured and transported from other state. The materials, spares and goods to be fitted
with vessels shall be inspected and certified before use by a committee nominated by EIC.
The old replacement/parts/spares shall also be checked and certified by a committee. Before
replacement of material, the contractor shall submit an estimate in respect of spares, material
to be replaced and take approval of EIC.
3. GUARANTEE PERIOD
The supplied material shall be guaranteed for the period of 180 days from the date of
handing over after supply & trials, for all the items that are attended / supplied / repaired by
the contractor or sub-contractor, against all defects which are due to defective material or
/and workmanship. Contractor shall attend such defects at place (site) wherever the pipe is
within a reasonable period on receipt of the notice. If such repairs are not attended by the
repairer and the Ship/vessel is to be kept idle, Authority may levy penalty @ Rs.100/- per
day, which will be recovered from security deposit.
19. COMPLETION PERIOD OF THE WORK
The completion period of all supply work shall be 30 days from issuing of work order or
handing over the vessel which is the later.
20. SPECIAL CONDITION
62
A. HOLD HARMLESS:
i) The Contractor should indemnify and hold the Authority harmless from any liability
or claim for damages because of bodily injury, death, property damage, sickness, disease or
loss and expense arising from the Contractor’s performance of this Contract.
ii) The Contractor is acting in the capacity of an independent contractor with respect to
the Authority.
iii) The Contractor should protect, defend and indemnify the Owner from any claims by
labourers or Sub Contractors for unpaid work or labour performed in connection with this
Contractor.
iv) The bidder may visit the site/vessels for assessment of defects as per the scope of
work.
B. CHANGE ORDERS:
i) The Contractor should not make any changes in the schedule of work or the
Specifications without written authorization by the Engineer in Charge and written
concurrence by the Authority.
C. UNSATISFACTORY PERFORMANCE:
i) In case of unsatisfactory performance/ progress / services by the Contractor, IWAI
shall have the right to issue a show cause notice to the consultant requiring him to explain
the reason thereof.
ii) In case of continuation of such unsatisfactory performance / progress / services,
IWAI reserves the right to rescind the Contract and get the balance work executed at the risk
and cost of the Contractor.
D. WARRANTIES:
i) The Contractor should warrant that this contract does not and shall not infringe any
existing or subsequent patents, rights or licenses of any third party.
ii) The Contractor should further warrant that the rights of the Authority under the
present contract are not and shall not be infringed by any prior or subsequent contract, which
may have been or may hereafter be entered into by the Contractor with any other party.
E. MISCELLANEOUS:
The Contract embodies the entire understanding of the parties as to its subject matter and
shall not be amended except in writing executed by both the parties and subject to the
approval of the concerned authorities.
***
63
PART – IV
ANNEXURE- I
AGREEMENT FORMAT
This agreement made on __________day______year_____between the Inland Waterways

Authority of India (hereinafter called the `IWAI’ which expression shall unless excluded by or
repugnant, to the context, be deemed to include heir, successors in office) on one part and
M/S__________________(hereinafter called the ‘CONTRACTOR’ which expression, shall unless
excluded by repugnant to the context be deemed to include his heirs, executors, Administrators,
representatives and assigns of successors in office) on the other part.
WHEREASTHE IWAI desirous of undertaking the works_________________

_____________________________________________________________________
WHEREAS the contractor has offered to execute and complete such works and whereas
IWAI has accepted the tender of the contractor and WHEREAS the contractor has furnished
____________________________________________________________
as security for the due fulfillment for all the conditions of this contract.
NOW IN THIS AGREEMENT WITNESSTH AS FOLLOWS
In this agreement words and expression shall have the same meaning as are respectively as
assigned to them in the conditions of contract hereinafter referred to:
The following documents shall be deemed to form and be read and construed as part of this
agreement VIZ.
i) (a) Notice Inviting Tenders
(b) Tender form
(c) Warranty
ii) Information & instruction for Tenders
iii) (a) Schedule: Bill of Quantity
(b) Annexure
iv) General Conditions of Contract
v) Technical specifications and Special Conditions of Contract
64
The contract agreement has been compiled by the IWAI from the original tender documents
and all the correspondences from the tendering stage till acceptance. In the event of any difference
arising from the completion of the contract, the original tender documents, contractor’s offer,
minutes of meetings and correspondence between the party ended vide letter
No.________________________ may be referred to by either party. These documents shall take
precedence over the compiled documents.
The contractor hereby covenants with the IWAI to complete and maintain the “Works” in
conformity in all respect, with the provisions of the agreement.
The IWAI hereby covenants to pay the contractor in consideration of such completion of
works, the contract price at the time and in the manner prescribed by the contract.
IN WITNESS WHEREOF the parties hereunto have set their hands and seals on the day
year first written.
For and on behalf of For and on behalf of

(Inland Waterways Authority of India) Contractor
Signature ____________________ Signature _____________
Name &Designation ______________ Name & Designation _______________
Stamp Stamp
Witness: Witness:
1) Signature _________________ 1) Signature _________________
2) Name & Designation______________ 2) Name & Designation____________
65
ANNEXURE –II
BANK GUARANTEE PROFORMA FOR FURNISHING

PERFORMANCE GUARANTEE
To
The Chairman
A-13, Sector-1
Noida - 201301
In consideration for the Chairman, Inland Waterways Authority of India hereinafter called
‘the Authority” having agreed, under the terms and conditions of the Agreement dated
………………. made between……. and …for the due fulfillment of the said Agreement by the
Contractor of the terms and conditions contained in the said Agreement, on production of Bank
Guarantee for Rs…………………. (Rupees…………………….) at the request of………………….
Contractor(s), We (Bank) do hereby undertake to pay to the Authority an amount not exceeding
Rs…………………… against any loss or damage caused to or suffered, or would be caused to or
suffered by the Authority by reason of any breach of the said Contractor(s) of any of the terms or
conditions contained in the said Agreement.
2. We……. do hereby undertake to pay the amount due and payable under this Guarantee
without any demur, merely on a demand from the Authority stating that the amount claimed is due
by way of loss or damage caused to or would be caused to or suffered by the authority by reason of
breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement
or by reason of the contractor(s)’s failure to perform the said Agreement, Any such demand made
on the Bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs……………….
3. We undertake to pay the authority any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s) / suppliers(s) in any suit or proceeding pending before any court
or Tribunal relating thereto liability under this present being absolute and unequivocal.
The payment so made by us under this Bond shall be valid discharge of our liability for
payment there under and the contractor(s) / supplier(s) shall have no claim against us for making
such payment.
4. We, …………………. further agree that the guarantee herein contained shall remain in full
force and effect during the period that would be taken for the performance of the said Agreement
and that it shall continue to be enforceable till all the dues of the Authority under or by virtue of the
said Agreement have been fully and its claim satisfied or discharge or till…....................... Certify
that the terms and conditions of the said Agreement have been fully and properly carried out by the
said Contactor(s) and accordingly discharge this Guarantee after……. years from the date of
completion of the said contract unless a demand or claim under this Guarantee is served in writing
66
on the bank but before the expiry of the said period of ………………. years in which case it shall
be enforceable against the bank notwithstanding the fact that the same is enforced after theexpiry of
the said period of …………….Years.
5. We,…………………..further agree with the Authority that the Authority shall have the
fullest liberty without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said Agreement or to extend time of performance by the
said Contractor(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Authority against the said Contactor(s) and to forbear or enforce any of
the terms and conditions relating to the said Agreement and we shall not be relived from our
liability by reason of any such variation, or extension being granted to the said Contractor(s) or for
any forbearance, act or omission on the part of the Authority or any indulgence by the Authority to
the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to
sureties would, but for the provision, have effect of so relieving us.
6. It shall not be necessary for the Authority to proceed against the Contractor before
proceeding against the Bank and the Guarantee herein contained shall be enforceable against the
Bank notwithstanding any security which the Authority may have obtained or obtain from the
Contactor shall at the time when proceedings are taken against the Bank hereunder be outstanding
or unrealized.
7. Notwithstanding anything contained herein above our liability under the guarantee is
restricted to Rs……………. and shall remain in force until………………. Unless a claim or suit
under this guarantee is filed with us on or before…………………… ALL OUR RIGHTS UNDER
THE GUARANTEE SHALL BE FORFEITED and the bank shall be relieved and discharged from
all liabilities therein.
8. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor(s) / supplier(s).
9. We………… lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the Authority in writing.
Dated the …………date of………….20…

for……………………………
(Indicate the name of Bank)
Signature………………………….
Name of the Officer………………………….
(In Block Capitals)
Designation of
Code No………………………………….
Name of the Bank and Branch.
ANNEXURE-III
67
SAMPLE FORM FOR SITE ORDERS BOOK
Reference Clause No. 18.4
Name of work ……………………. Date of commencement/ period for completion……….……….
Sl. Date Remarks of the Inspecting Action taken and by Remarks

No. Officer or Contractor whom
1 2 3 4 5
68
ANNEXURE-IV
PROFORMA FOR HINDRANCE REGISTER

Reference Clause No. 18.5
Sl. Nature of Items of Date of Signature Date of Over- Net Weigh- Net Remarks
No. hindrance work that start of of removal lapping hind- tage of effect-tive of
could not hind- Represen- of hind- period, if rance in this days of Engineer-
be due rance tative of rance any days hind- hind- in-Charge
executed to EIC rance rance
this
hindrance
1 2 3 4 5 6 7 8 9 10 11
69
ANNEXURE-V
Notice for appointment of Arbitrator
[Refer Clause 47]
To,
The Chairman, IWAI
……………………..
……………………..
Dear Sir,
In terms of clause 47 of the agreement, particulars of which are given below, I/we hereby give notice
to you to appoint an arbitrator for settlement of disputed mentioned below:
1. Name of applicant
2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of imitation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to Chief Engineer for decision
17. Date of receipt of Chief Engineer’s decision
18. Date of appeal made to Chairman, IWAI
19. Date of receipt of the decision of Chairman, IWAI
Specimen signatures of the applicant

(only the person/authority who
signed the contract should sign)
I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose
following documents.
1. Statement of claims with amount of claims
2.
3.
4.
Yours faithfully
(Signature)
Copy in duplicate to:
The Regional Director, IWAI
70
ANNEXURE-VI
DETAILS OF BANK ACCOUNT FOR RELEASE OF PAYMENT THROUGH

ELECTRONIC FUND TRANSFER SYSTEM
(TO BE FURNISHED BY THE BIDDER ON IT’S LETTER HEAD)
NAME OF THE PROJECT: __________________________________________
THE BANK ACCOUNT DETAILS ARE FURNISHED AS BELOW:
We _______________________________ (Name of the Bidder) hereby request you to give

our payments by crediting our bank account directly by E-Payment mode as per account details
given below. We hereby undertake to intimate IWAI in case of any change in particulars given
below and will not hold IWAI responsible for any delay / default due to any technical reasons
beyond IWAI’s control: -
Bank Account Number : _________________________________________
RTGS/NEFT/IFSC CODE : _________________________________________
Name of the Bank : _________________________________________
Address of the Branch of the Bank : _________________________________________
Branch code : _________________________________________
Account Type : _________________________________________
(Saving/Current/Others)
A BLANK CHEQUE (CANCELLED) IS ENCLOSED HEREWITH.
I/We hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or credit is not affected at all for reasons of incomplete or incorrect
information, I/We would not hold IWAI responsible.
Date: Signature of Authorized Signatory
BANK CERTIFICATION:
It is certified that above mentioned beneficiary holds a bank account No. _________________
with our branch and the bank particulars mentioned above are correct.
Date: Authorized Signatory

Authorization No._____________
Name: _______________________
71
Official Seal/Stamp
ANNEXURE- VII
DETAILS OF PLANT, TOOLS MACHINERY, & EQUIPMENTS AVAILABLE WITH THE

CONTRACTOR FOR DEPLOYMENT FOR THE WORK, PAST EXPERIENCE,
AVAILABILITY OF TECHNICAL MANPOWER, FINANCIAL CAPACITY ETC.
(To be furnished in Tender)
A. INFORMATION ON PAST EXPERIENCE IN GOVT. /PSU: -
Sl. Details of works Name & address of Contract value Period of

No. client completion
B. Strength of qualified manpower to undertake repair work of vessel.
72
Validate Print Help Percentage BoQ
Tender Inviting Authority: Inland Waterways Authority of India,Regional office,Patna.
Name of Work: Supply & Assembling of Heavy -Duty Rubber floating Fender(Bouy) for hybrid electric catamaran vessels at Ayodhya and Varanasi for the F.Y. 2023-24
Contract No: 12-IWAI/ENGG/P(194)/2023-24/Part-I
Name of the
Bidder/
Bidding Firm /
Company :
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns, else the bidder is liable to be rejected for this tender. Bidders
are allowed to enter the Bidder Name and Values only )
NUMBER # TEXT # NUMBER # TEXT # NUMBER NUMBER # TEXT #

Sl. Item Description Quantity Units Estimated Rate TOTAL AMOUNT TOTAL AMOUNT
No. in Excluding GST AS In Words
Rs. P APPLICABLE in
Rs. P
1 2 3 4 5 6 7
Supply & Assembling of Heavy -Duty Rubber
floating Fender(Bouy) for hybrid electric
catamaran vessels for marine application having
dimenssion /specification: Model No:F-
INR Fourteen Lakh Fifty Thousand Eight Hundred
1.00 7,Dia:15inch, length: 41 inch, Eye Dia:01inch 104.00 No 13950.00 1450800.00
Only
(2.4cms) and Buoyancy Ratings: 95kgs.The supply
of 52 nos.each floating Fender (Bouy) for Ayodhya
& varanasi respectively for 02 nos electric
catamaran vessels.
Total in Figures 1450800.00 INR Fourteen Lakh Fifty Thousand Eight Hundred
Only
Quoted Rate in Figures
Select
0.00 INR Zero Only
Quoted Rate in Words INR Zero Only
73
Product design and specification for F-Series
74

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E-TENDER

भारतीय अन्तर्देशीय जलमार्ग प्राधिकरण

मुख्यालयःए-13, सेक्टर-1, नोएडा– 201301 (उ.प्र)

भारतीय अन्तर्देशीय जलमार्ग प्राधिकरण

No. 12-IWAI/ENGG/P(194)/2023-24/Part-I Date: -

Ref: Your letter No. _____________________________ dt. ____________

NOTICE INVITING TENDER NO: 12-IWAI/ENGG/P(194)/2023-24/Part-I

3. Estimated cost of work & EMD requirement are as under :

Supply & Assembling The supply of

4. Date of Publishing : 16.03.2024 at 15:00hrs

Name of the Bank : Canara Bank

14. Work Experience: -

Bank Solvency required

INLAND WATERWAYS AUTHORITY OF INDIA

E-TENDER NOTICE NO. 12-IWAI/ENGG/P(194)/2023-24/PART-I

4. I / We hereby unconditionally accept the tender conditions of abovementioned tender

(Signature of the Bidder, with Official Seal)

6. I/ We have independently considered the amount of Liquidated Damages shown in the

INLAND WATERWAYS AUTHORITY OF INDIA

Total estimated cost of works is as under.

6) Any annotations or accompanying documentation in bid shall be in Hindi or English

8 (a) If the Tender is submitted by an individual/proprietary firm/firm in partnership/ a limited

i) Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of the

To be signed by the bidders’ and same signatory competent/ authorized to sign

This Integrity Agreement is made at ............... on this........... day of ........... 20......

Authorized representative of Inland Waterways Authority of India. IWAI, (Hereinafter referred as

Article 1: Commitment of the Principal/Owner

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

2. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent

Article 3: Consequences of Breach

1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has

2. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has

3. Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a bidder or

Article 4: Previous Transgression

Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment

Article 6: Duration of the Pact

Article 7: Other Provisions

Article 8: LEGAL AND PRIOR RIGHTS

ii. Security Deposit :10% of tendered value per vessel

iii. Earnest Money :As indicated in NIT

iv. Performance Guarantee :5% of tendered value in the form of

v. Balance Security Deposit :5 % (A sum @10% of the gross

(General Rules & Directions with reference to General Conditions of Contract)

i. Officer inviting tender : Director , IWAI, Patna.

ii. Tender Accepting Authority : Director , IWAI, Patna.

iii. (a) Time allowed for submission of :15 days

(b) Maximum allowable time extension : 7 days

iv. Standard Schedule of Rates :Market Rates

v. Specifications to be followed :As per manufacturer servicing manual

vi. Incentive for early completion.

GENERAL CONDITIONS OF CONTRACT

GENERAL CONDITIONS OF CONTRACT

(viii) Chairman: means Chairman of Inland Waterways Authority of India.

(ix) Chief Engineer: means the Chief Engineer of the Authority.

(xv) Day : means a calendar day beginning and ending at mid-night.

(xvi) Week : means seven consecutive calendar days

(xvii) Month : means the one Calendar month.

CLAUSE – 3: PERFORMANCE GUARANTEE

CLAUSE – 4: SECURITY DEPOSIT

Ref: Your letter No. _________________ dt.

This agreement made on ____dayyear_between the Inland Waterways

Signature ________ Signature _

Name &Designation Name & Designation _

1) Signature _ 1) Signature _

2) Name & Designation__ 2) Name & Designation