Draft CA T&P
Draft CA T&P
Draft CA T&P
CA No. ____________/2024
In Lieu of PAFW – 1815
(Auth: Rule 361, MES Regs)
13. For this purpose and over or under payment shall include any payment, or excess of payment,
made, or any sum left unpaid to the contractor in consequence of any mistake of law or of fact or of the
fraud or negligence of any person. Provided that nothing hereinbefore contained shall entitle the
government to recover or deduct or the contractor to claim any over or under payment due to any mistake
in measurement unless such a mistake has been caused or concealed by the fraud of any person.
14. If the contractor or his work people shall break, deface, injure, destroy the contents of or any part
of a building , in which they may be working or any building, road, fence, enclosure or grass land or
cultivated land, he shall make good the same at his own expense, and, in the event of his refusing or
failing to do so, the damage shall be repaired at his expense by or under the order of the GE/AGE who
may deduct the cost from any sums due or which may become due to the contractor or from the security
deposit.
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15. The contractor shall indemnify the government against all claims enforceable against the
government or any officer or servant of the government or which would be so enforceable against the
government were the government a private person, in respect of injury or damage arising out of, or in
connection with, the execution of his contract, to any person or property including all claims which may
arise under the Workmen’s Compensation Act or otherwise in consequence of the work in respect of any
person employed by the contractor on the work.
16. The contractor shall supply at his own expense all tools, plant and implements, required for the
due fulfillment of his contract and the material shall remain at his risk till the date for final delivery. Unless it
shall have been in the meantime removal for use by the engineer-in-charge.
17. No materials shall be delivered on Friday without the written permission of the engineer-in-charge.
18. The contractor shall not employ any labourer below the age of 20 years and he shall pay to his
labourers wages not less than those paid for similar work in the neighborhood.
19. The contractor shall not employ any over-time labour in connection with his contract without first
obtaining the written sanction of the engineer-in-charge and, if such permission is given, will pay therefore
rates not less than those paid for similar work in the neighborhood.
20. The contractor or any sub-contractor employed by the contractor shall not:-
a. Employ to use any animal which in the opinion of the engineer-in-charge is unfit on
account of age, injury, infirmity or disease to work without incurring pain or aggravation of
such injury, infirmity or disease.
b. Cause any animal to carry or draw a load which in the opinion shall be final.
21. The contract shall be enforce for years ending on the day ______________. It will be liable to
revision at the request of either party to the contract at the expiry of 6 months from______________ and to
subsequent revision after another interval of one year, provided always that such revision is made
necessary bye external factors such as a rise or fall of prices for materials or labour.
22. The authority quoted in clause 17 hereof shall be the arbitrator where any disagreement exists as
to the revision of rates under this clause provided further that the CMES (Army) Multan Cantt may
terminate the contract at any time without previous notice should contractor be found persistently inefficient
or become insolvent or make any arrangement with creditors or fail to observe or perform any condition of
the contract or sub-let or assign his contract without the written permission of the CMES.
23 a. The government shall, in addition to its power to terminate its liability under the contract,
have power to terminate its liability there under at any time by giving three months’ notice in
writing to the contractor of its desire to do so.
b. In the event of such notice being given the government shall be entitled to exercise following
powers or any of them:-
(1) To direct the contractor to complete all or any articles in course of manufacture in
* Delete in cases where accordance with the contract at the expiration of the notice an to deliver the same at
the delivery period and the
such rate of delivery as my be mutually agreed on, or, in default of agreement at the
estimated total cost are
under 6 months and contract rate of delivery, if any. All articles delivered by the contract in accordance
Rs.25,000/- respectively.
with such direction and accepted shall be paid for at a rate mutually agreed on, or in
default of agreement at the contract price.
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(2) To direct the contractor to cease manufacture wholly or partially at the expiration of
the said notice.
(3) To require the contractor on the receipt of the notice of termination:-
(a) Immediately to take such steps as will ensure that the production rate of
manufacture is reduced as rapidly as possible.
(b) As far as possible consistent with (a) above to concentrate work on the
completion of parts already in a semi-manufactured state.
(c) To terminate on the best possible terms such orders for materials and parts
bought out in a semi-manufactured or wholly manufactured state as have not
been completed observing in this connection the requirements of (a) and (b)
above so far as this may be possible.
(4) To direct the contractor to cease work on any building contract of, if considered
desirable to direct the contractor to complete certain buildings and cease work on the
reminder of the contract.
c. In the event of such notice being given and of the contractor having reasonably performed
all the provisioning of the contract binding upon him down to the date of the notice.
(1) The government shall take over from the contractor at the cost price thereof plus a
reasonable allowance for handling charges all material and bought out components in
the possession of the contractor at the termination of the notice properly provided by
or supplied to the contractor for the performance of this contract and unused owing to
the exercise of the power of termination unless the contractor shall elect to retain such
materials and components.
(2) The government shall indemnify the contractor against any commitments which in the
opinion of the government have been reasonably and properly incurred by the
contractor in respect of the portion of the contract uncompleted owing to the exercise
of the power of termination.
(3) Unless the contractor shall elect to retain such articles the government shall take over
from the contractor all articles in course of manufacture at the expiration of the notice
which the contractor shall note directed to complete aforesaid and will pay a fair and
reasonable price therefore.
(4) If in any particular case exceptional hardship to the contractor should arise from the
operation of this clause it shall be open to the contractor to refer the circumstances to
the government who on being satisfied that such hardship exists shall make such
allowance, if any, as in its opinion is reasonable.
24. If any bribe, gratuity, gift loan, perquisite, award or advantage, pecuniary or otherwise, shall either
directly or indirectly be given, promised or offered by the contractor or any of his servants or agents to any
public officer or person in the employ of government in any way relating to his office or employment, or if
any such officer or person shall become in anyway directly or indirectly interested in any contract, or if it
should transpire that the contractor is doing business conjointly with any other contractor is a partner in
any other firm(s) on the GE, list of approved contractors, the CMES may thereupon by notice in writing
rescind the contract, and the security deposit of the contractor shall thereupon stand forfeited and be
absolutely at the disposal of government without prejudice to government’s right to recover from him any
excess of price and other expenses incurred in procuring the materials from elsewhere.
25. The contract may also be terminated by notice in writing by the CMES in the case of the death of
the contractor during the currency of the contract. The contractor’s heirs shall not be entitled to any
compensation if the contract is so terminated.
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26. Except where otherwise specified in the contract CMES (Army) Multan shall be the sole deciding
authority on all questions relating to the meaning of specifications, designs, drawings and instructions
hereinbefore mentioned and as to the quality of workmanship or materials used on the work.
27. All disputes and differences the settlement of which is not provided for under any other clause of
this contract and which shall arise either during the progress of the work or after completion thereof
concerning the work or the execution or maintenance thereof or the construction or meaning of these
conditions of contract or as to any other matter arising out of or relating to the contract or the work to
executed or payments to be made in pursuance thereof shall be referred to the sole arbitration of
_______________________________ whose decision shall be final, conclusive and binding on all parties
to the contract.
28. In the case of a tender by partners, any change in the constitution of the firm shall be forthwith
notified by he contractor to the Garrison Engineer for his information. Government need not recognize the
new firm and in any case members of the old firm shall remain liable under the contract.
29. The receipt of an accountant or clerk for any money paid by the contractor will not be considered
as any acknowledgment of payment to the engineer-in-charge and the contractor shall be responsible for
seeing that the procures a receipt signed by the engineer-in-charge.
30. Rate of Delivery. Each order will state in detail the date when the deliveries of any materials
ordered are to be commenced and the weekly total deliveries of such materials.
31. Of any particular items in the schedule the Garrison engineer does not bind himself to buy all or
any of the quantity mentioned.
32. The contractor shall be obliged to supply any quantity of any article included in the schedule
provided that the total value of all purchases is under the contract sum on page 7 and provided that the
quantities to be delivered are not in excess of the quantities defined in column 8 of the schedule on page 8
33. When the total value of all purchases under the contract shall have reached the contract sum on
page 7 the GE/AGE shall be at liberty to order such further supplies as he may require and the contractor,
if he agrees to an such orders, shall be presumed to have undertaken to provide further supplies up to a
total value of 10 percent in excess of the original contract sum.
the undersigned do hereby tender for the supply of such quantities of the materials described months
beginning on the ________________. Subject to the conditions hereunto such amount, as may be
required by him from time to time, of the materials specified in the 4 of the condition of this contract) for
Station (s) during the period of the clause
Division
THE
Notes:- 1.The following quantities are estimated and based on previous experience and estimated future
requirements
2. The contractor will not be bound to supply weekly quantities in excess of those defined in such
quantities will be supplied at the rate quoted in this schedule.
Item No. Distribution or Specification of Materials to be Quantity Unit
Supplied
Rs Ps Rs Ps
GE (A) Svcs Mtn The store on req basis will be supplied as per
schedule of material attached through indent
placed therein by GE (A) Mtn. No indent will be
placed on contractor until or unless NA cert is
obtained from source of supply where req.
a. List of Sch of Rate Bazar Supply Materials 2017 and Building Material MES Sch of Rates
2021.
I/We agree to execute all the work referred to the said documents upon the terms and
condition of contained or referred to there in at the rates contained the aforesaid list of Sch of
Rate Bazar Supply Materials 2017 and Building Material MES Sch of Rates 2021.
Contractor to insert here rate percent striking out Adding the rate __________________
words not required. If not schedule of rates offered percent above deduction there from.
NIL should be offer inserted in both spaces.
(In words)________________________
ACCEPTANCE
SCHEDULE ‘G’
(SPECIAL CONDITIONS)
Breach of Security
a. The contractor shall acquaint himself and shall always be deemed to have acquainted
himself with the provisions of the Official Secret Act 1923 and other security and shall
abide by the conform ensuring etc, that his employees (Supervisory staff and labour, etc)
are acquainted with and abide by all such rules and order. Breach of the said provisions
on the part of the contractor or his employees in addition to any other liability under law,
may as result in immediate cancellation of the contract by the Accepting Officer and
completion of remaining of the work at his risk and expense by any other agency which
the Accepting Officer may consider suitable.
b. The Engineer-in-Charge shall at his discretion has the right to issue passes to control
admission of the contractor, his staff work people and agents to the site of the work or of
any part thereof and the contractor shall on demand by the Engineer-in-Charge, submit list
of work people etc employed on the work and shall satisfy the Engineer-in-Charge as to
the genuineness of such personnel. Passes shall remain the property by the Engineer-in-
Charge and in all cases on completion of the work.
c. Officer’s detailed by the Ministry of Defence, will have the right to enter the premises to
exercise check/periodical inspection of firm record relating to defence contracts to ensure
that all classified correspondence is being kept and maintained properly.
d. The contractor shall ensure that during construction and after completion of work, no
information of any kind shall be divulged to any source without clearance and permission
of CMES. Compliance of this clause will take the defaulting contractors liable to
prosecution.
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ADDITIONAL CLAUSE TO PAFW-1819
Clause-34: No supply will be made without any Indent duly approved by the Engineer-in-Charge.
Clause-35: If so the result of any act of legislature, being other that Central or Provincial Sales Tax the
contractor shall necessarily and properly pay in respect of any material, a price of which is
in excess of the basic price of that materials or if the basic price of the material is reduced,
the contract sum shall a accordingly be verified, provided always that any increase so
payable is not in opinion of the Engineer-in-Charge, (whose decision shall be final and
conclusive) attributable to delay in the execution of the contract within the control of the
contractor. The contractor shall for the purpose of this conditions, keep such books of
accounts and other documents as re-necessary to show the amount of any increase
claimed or any deduction available and shall allow inspection of the same by any duly
authorized representative of Govt and further shall at the request of Engineer-in-Charge
furnish, verified in such manner as the Engineer-in-Charge may required any documents
on kept and such information as the Engineer-in-Charge.
The contractor shall within a reasonable time of his becoming aware of any alteration in
the prices of any such material give notice thereof in writing to the Engineer-in-Charge
stating that the same is being pursuant to this condition together with all info relating
therein which he may be in a position to supply.
Cluase-36: The measuring the stacked sand, surkhi and earth clay a deduction of 12th shall be made
from the measurements to allow for voids, lose stacking uneven mass of ground etc.
Clause-37: Minimum time for supply of material will be granted as under:-
a. For Indent upto Rs.100.00 - One day
b. For Indent upto Rs.300.00 - Two days
c. For Indent upto Rs.500.00 - Three days
d. For Indent upto Rs.1000.00 - Five days
e. For Indent upto Rs.1000.00 - Five days
Day Every Rs.500.00 or part thereof
Clause-38: All charges on account of Octopi, Terminal or sales tax and other duties on the material
available with the Cantonment or local bodies, Provincial or Central Governments shall
become by the contractor’s direct.
Clause-39: The contractor shall either himself keep present to receive Indent and Instruction
personally or shall appoint a competent agent with Power of Attorney duly approved by
GE (Army) Multan Engineer-in-Charge. The Indent and Instructions received by
contractors shall be deemed to have in the same force as if they had been given to the
contractor himself.
Clause-40: Production of Sale Tax Invoices: The contractor shall produce sales tax invoices or
any other valid documents to prove that the importer/manufacturer, from whom the goods
have been procured, has paid the sales tax for the taxable goods. The documents thus
produced shall be valid and relevant to the goods supplied under no conditions relieve the
contractor from paying any additional Sales Tax, if levied upon during currency of the
Contract Agreement in respect of the same goods. Contractors registered with the Sales
Tax Deptt are eligible for tending.
WITH HOLD SALES TAX
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On purchase of goods liable to Sales Tax Deptt shall withhold sales tax @ 3% of the value
of supply while remaining 12% sales tax shall be paid to the suppliers registered with the
Sales Tax Deptt. The amount withhold shall be deposited by the deptt in the Sales Tax
Head of Account.
Clause-41: This contract agreement comprises of_____ pages as under:-
a. Contract form (PAFW-1815) _______ Pages
b. Schedule of Material Prices _______ Pages
c. Additional Clause-PAFW-1816 _______ Pages
d. Errata to PAFW-1815 _______ Pages
e. Notice of Tenders _______ Pages
f. Amendment to Notice of Tender _______ Pages
g. Schedule ‘G’ (Breach of Security) _______ Pages
h. Contractor’s letter (undertaking) _______ Pages
i. PAFW-2249 _______ Pages
This contract shall be in force 12 months reckoned from the date of acceptance of
CA.
The contractor may be terminated after having been in operation three months by
either party serving the other within 30 (Thirty) clear days written notice of
terminated provided further that the CMES may terminate the contract at any time
without previous notice should contractor be found persistently in efficient or
become insolvent or make any arrangement with this credit or fail to observe or
perform by conditions of the contract sublet or assign his contract is terminated
under the second provision above Government will have the right to recover from
the contractor any less thereby suffered.
General: Delete all references pertaining to earnest money and security deposits wherever
accrue in this form.
________________________
Signature of Accepting Officer/
Officer authorized by him.
Contractor: ________________________
Appointment: ______________
Dated: ___________________________
Dated: ___________________