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BIDDING DOCUMENT FOR LAYING OF SUBBASE, BASE COURSE AND CONSTRUCTION OF PERMANENT STRUCTURES ON HALHALEY-DOROKHA ROAD (Km 4-10.5) CONTRACT NO.6 Royal Government of Bhutan Ministry of Works & Human Settlement Department of Roads Phuentsholing Field Division December 2011

December 2011 - mowhs.gov.bt filebidding document for laying of subbase, base course and construction of permanent structures on halhaley-dorokha road (km 4-10.5) contract no.6

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BIDDING DOCUMENT

FOR LAYING OF SUBBASE, BASE COURSE AND CONSTRUCTION OF

PERMANENT STRUCTURES ON HALHALEY-DOROKHA ROAD (Km 4-10.5)

CONTRACT NO.6

Royal Government of Bhutan Ministry of Works & Human Settlement

Department of Roads Phuentsholing Field Division

December 2011

) ii

Table of Contents

Introduction ......................................................................................... Error! Bookmark not defined.

Section I. Instructions to Bidders (ITB) .............................................................................................. 1

Notes on the Instructions to Bidders ................................................. Error! Bookmark not defined. Section II. Bidding Data Sheet ........................................................................................................ 22

Section III. Eligible Countries .......................................................................................................... 26

Section IV. Forms of Bid, Qualification Information and Evaluation Table, Letter of Acceptance, and Contract ................................................................................................... 27

1. Contractor’s Bid ............................................................................................................................... 27 2. Qualification Information ................................................................................................................ 29 3. Letter of Acceptance ....................................................................................................................... 36

4. Contract…………………………………………………………………………………………….37 Section V. General Conditions of Contract (GCC) ........................................................................... 39

Notes on General Conditions of Contract ........................................................................................ 39

Table of Clauses .................................................................................................................................. 40

Section VI. Special Conditions of Contract ...................................................................................... 64

Section VII ........................................................................................... Error! Bookmark not defined.

Specifications and Performance Requirements .................................... Error! Bookmark not defined.

Notes on Specifications and Performance Requirements ............. Error! Bookmark not defined. Section VIII. Drawings .................................................................................................................. 101

Notes on Drawings .............................................................................. Error! Bookmark not defined. Section IX. Bill of Quantities .......................................................................................................... 107

Notes on the Bill of Quantities ........................................................... Error! Bookmark not defined. Section X. Security Forms ............................................................................................................ 109

Notes on Forms of Securities .......................................................................................................... 109 Form of Bid Security (Bank Guarantee) ......................................................................................... 110

Performance Demand Bank Guarantee ......................................................................................... 111

Bank Guarantee for Advance Payment .......................................................................................... 112

Invitation for Bids ........................................................................................................................... 114

Notes on the Invitation for Bids (IFB) ................................................ Error! Bookmark not defined.

1

Section I. Instructions to Bidders (ITB)

Table of Clauses A General ......................................................................................................................................... 2

1. Scope of Bid ..................................................................................................................... 2

2. Fraud and Corruption ........................................................................................................ 2

3. Eligible Bidders ................................................................................................................. 4

4. Qualifications of the Bidder ............................................................................................... 6

5. One Bid per Bidder ........................................................................................................... 8

6. Cost of Bidding ................................................................................................................. 8

7. Site Visit ........................................................................................................................... 8

B. Bidding Documents ................................................................................................................... 9

8. Content of Bidding Documents .......................................................................................... 9

9. Clarification of Bidding Documents .................................................................................... 9

10. Amendment of Bidding Documents ................................................................................. 9

C. Preparation of Bids .................................................................................................................. 10

11. Language of Bid ............................................................................................................ 10

12. Documents Comprising the Bid ..................................................................................... 10

13. Bid Prices ..................................................................................................................... 10

14. Currencies of Bid and Payment ..................................................................................... 11

15. Bid Validity .................................................................................................................... 11

16. Bid Security .................................................................................................................. 12

17. Alternative Proposals by Bidders ................................................................................... 13

18. Format and Signing of Bid ............................................................................................. 15

D. Submission of Bids ................................................................................................................. 14

19. Sealing and Marking of Bids .......................................................................................... 14

20. Deadline for Submission of Bids .................................................................................... 14

21. Late Bids....................................................................................................................... 15

22. Withdrawal, Substitution and Modification of Bids ......................................................... 15

E. Bid Opening and Evaluation .................................................................................................... 15

23. Bid Opening .................................................................................................................. 15

24. Confidentiality ............................................................................................................... 17

25. Clarification of Bids ....................................................................................................... 17

26. Examination of Bids and Determination of Responsiveness ........................................... 17

27. Correction of Errors ....................................................................................................... 17

28. Currency for Bid Evaluation ........................................................................................... 18

29. Evaluation and Comparison of Bids ............................................................................... 18

30. Preference for Domestic Bidders ................................................................................... 19

F. Award of Contract .................................................................................................................... 20

31. Award Criteria ............................................................................................................... 20

32. Employer’s Right to Accept any Bid and to Reject any or all Bids ................................... 20

33. Notification of Award and Signing of Contract ................................................................ 20

34. Performance Security .................................................................................................... 21

35. Advance Payment and Security..................................................................................... 21

36. Adjudicator .................................................................................................................... 21

Section I: Instruction to Bidders (ITB) 2

Instructions to Bidders (ITB)

A. General

1. Scope of Bid 1.1 The Employer as defined1 in Section II, Bidding Data Sheet (BDS), invites Bids for the construction of Works, as described in the BDS and Section VI, Special Conditions of Contract (SCC). The name and identification number of the Contract is provided in the BDS and the SCC.

1.2 The successful Bidder will be expected to complete the Works by the Intended Completion Date specified in the Special Conditions of Contract.

2. Fraud and Corruption

2.1 It is RGoB’s policy to require that Employers, Bidders, Suppliers, Contractors and their Subcontractors observe the highest standards of ethics during the procurement and execution of contracts.2 In pursuance of this policy, the RGoB:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice”3 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value4 to influence improperly the actions of another party;

(ii) “fraudulent practice”5 is any intentional act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(iii) “collusive practice”6 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

(iv) “coercive practice”7 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly

1 See also definitions in Section V, General Conditions of Contract (GCC). 2 In this context, any action taken by a Bidder, Supplier, Contractor or a Subcontractor to influence the procurement

process or contract execution for undue advantage is improper. 3 “another party” refers to a public official acting in relation to the procurement process or contract execution. In this

context, “public official” includes staff and employees of any organizations (including any institutions providing finance for the Works) taking or reviewing procurement decisions.

4 “anything of value” includes, but is not limited to, any gift, loan, fee, commission, valuable security or other asset or interest in an asset; any office, employment or contract; any payment, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; any other services, favour or advantage, including protection from any penalty or disability incurred or apprehended or from any action or proceeding of a disciplinary or penal nature, whether or not already instituted and including the exercise or the forbearance from the exercise of any right or any official power or duty.

5 a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.

6 “parties” refers to participants in the procurement process (including public officials) and an “improper purpose” includes attempting to establish bid prices at artificial, non competitive levels.

7 a “party” refers to a participant in the procurement process or contract execution.

Section I: Instruction to Bidders (ITB) 3

the actions of a party;

(v) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede any investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the inspection and audit rights of the Employer or any organization or person appointed by the Employer and/or any relevant RGoB agency provided for under ITB Sub-Clause 3.1 (d) below.

(b) will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question.

(c) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that they have, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing contract;

(d) will have the right to require that a provision be included in Bidding Documents and in contracts, requiring Bidders, Suppliers, Contractors and their Subcontractors to permit the Employer, any organization or person appointed by the Employer and/or any relevant RGoB agency to inspect their accounts and records and other documents relating to the Bid submission and contract performance and to have them audited by auditors appointed by the Employer;

(e) requires that Bidders, as a condition of admission to eligibility, execute and attach to their bids an Integrity Pact Statement in the form provided in Appendix A. Failure to provide a duly executed Integrity Pact Statement shall result in disqualification of the Bid; and

(f) will report any case of corrupt, fraudulent, collusive, coercive or obstructive practice to the relevant RGoB agencies, including but not limited to the Anti-Corruption Commission (ACC) of Bhutan, for necessary action in accordance with the statutes and provisions of the relevant agency.

2.2 Furthermore, Bidders shall be aware of the provision stated in GCC

Section I: Instruction to Bidders (ITB) 4

Sub-Clause 59.1

3. Eligible Bidders 3.1 A Bidder, and all parties constituting the Bidder, shall have the nationality as specified in the Section II Bid Data Sheet & subject to the provisions of Section III, Eligible Countries. A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related services.

3.2 A Bidder shall not have a conflict of interest. All Bidders found to have conflict of interest shall be disqualified. Bidders may be considered to have a conflict of interest with one or more parties in this bidding process, if:

(a) they have at least one controlling partner in common; or

(b) they receive or have received any direct or indirect subsidy from either party; or

(c) they have the same authorized legal representative for purposes of this Bid; or

(d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or

(e) a Bidder participates in more than one Bid in this bidding process. Participation by a Bidder in more than one Bid shall result in the disqualification of all Bids in which such Bidder is involved. However, this does not limit the inclusion of the same subcontractor in more than one Bid; or

(f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Works that are the subject of the Bid or in any other way provided consulting services in any aspect of the preparatory stages leading up to the issue of these Bidding Documents; or

(g) a Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Employer as Project Manager for the Contract implementation; or

(h) a Bidder or any of its affiliates employs or otherwise engages a close relative of a civil servant who either is employed by the Employer or has an authority over the bidder or its affiliates or over the bid. For the purposes of this Sub-Clause a close relative is defined as immediate family which includes father, mother, brother, sister, spouse and own children..

3.3 A Bidder that is determined to be ineligible pursuant to any of the provisions of this Bidding Document shall not be eligible to be

Section I: Instruction to Bidders (ITB) 5

awarded a Contract.

3.4 Government-owned enterprises in Bhutan shall be eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not a dependent agency of the Employer.

3.5 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer as the Employer shall reasonably request.

3.6 A firm shall be excluded if:

(a) as a matter of law or official regulation, Bhutan prohibits commercial relations with the country in which the firm is constituted, incorporated or registered; or

(b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Bhutan prohibits any import of goods or contracting of Works or services from that country in which the firm is constituted, incorporated or registered or any payments to persons or entities in that country.

3.7 A Bidder shall also be excluded if:

(a) he is insolvent or is in receivership or is a bankrupt or is in the process of being wound up, or has entered into an arrangement with his creditors; or

(b) his affairs are being administered by a court, judicial officer or appointed liquidator; or

(c) he has suspended business or is in any analogous situation arising from similar procedures under the laws and regulations of his country of establishment; or

(d) he has been found guilty of professional misconduct by a recognized tribunal or professional body; or

(e) he has not fulfilled his obligations with regard to the payment of taxes, social security or other payments due in accordance with the laws of the country in which he is established or of the Kingdom of Bhutan; or

(f) he is or has been guilty of serious misrepresentation in supplying information required for any prior registration with the Employer or the Construction Development Board of Bhutan; or

(g) he has been convicted of fraud and/or corruption by a competent authority; or

(h) he has not fulfilled his contractual obligations with the Employer in the past; or

(j) he has been debarred from participation in public procurement by any competent authority as per law.

Section I: Instruction to Bidders (ITB) 6

4. Qualifications of the Bidder

4.1 All Bidders shall provide in Section IV, Forms of Bid, Qualification Information, Letter of Acceptance, and Contract, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.

4.2 In the event that pre-qualification of potential Bidders has been undertaken, only Bids from pre-qualified Bidders shall be considered for award of Contract. These qualified Bidders should submit with their Bids any information updating their original pre-qualification applications or, alternatively, confirm in their Bids that the originally submitted pre-qualification information remains essentially correct as at the date of Bid submission. The update or confirmation should be provided in Section IV.

4.3 If the Employer has not undertaken pre-qualification of potential Bidders, all Bidders shall include the following information and documents with their Bids in Section IV, unless otherwise stated in the BDS:

(a) Legal status: copies of original documents defining the constitution or legal status, place of registration, and principal place of business of the Bidder; written power of attorney of the signatory of the Bid to commit the Bidder;

(b) General work experience: annual turnover for each of the last three (3) calendar years for construction works;

(c) Similar work experience: experience in works of a similar nature and size for each of the last five (5) calendar years, and details of work under way or contractually committed; and clients who may be contacted for further information on those contracts;

(d) Equipment: list of construction equipment owned by the Contractor and those proposed to be hired to be used for implementation of the Contract;

(e) Manpower: qualifications and experience of key site management and technical personnel proposed for this Contract. A person having a valid contract license cannot be an employee of any bidder

(f) Performance of previous work: performance score card issued by the Procuring Agencies for works done in the last five (5) calendar years;

(g) Financial capacity: evidence of adequacy of working capital for this Contract (access to line(s) of credit);

(h) References: authority to seek references from the Bidder’s bankers;

(i) Litigation: information regarding any litigation, current or during the last five (5) years, in which the Bidder was/is involved, the parties concerned, and the disputed amounts; and awards. A consistent history of litigation or arbitration awards against the Applicant or any partner of a JV/C/A may

Section I: Instruction to Bidders (ITB) 7

result in disqualification ;

(j) Subcontracting: proposals for subcontracting components of the Works amounting to more than twenty percent (20%) of the Contract Price. The ceiling for subcontractors’ participation is stated in the BDS.

4.4 Bids submitted by a Joint Venture, Consortium or Association (JV/C/A) of two or more firms as partners shall comply with the following requirements, unless otherwise stated in the BDS:

(a) the Bid shall include all the information listed in ITB Sub-Clause 4.3 above for each JV/C/A partner;

(b) the Bid shall be signed so as to be legally binding on alI partners;

(c) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;

(d) one of the partners shall be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the JV/C/A;

(e) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge; and

(f) a copy of the JV/C/A Agreement entered into by the partners shall be submitted with the Bid; or a Letter of Intent to execute a JV/C/A Agreement in the event of a successful Bid shall be signed by all partners and submitted with the Bid, together with a copy of the proposed Agreement.

4.5 To qualify for award of the Contract, Bidders shall be evaluated against the following technical qualifying criteria and scores awarded accordingly:

(a) Similar works experience : aggregate size of similar works (maximum three) or size of the largest similar work in the last five (5) calendar years;8

(b) Access to adequate equipments: list of construction equipment owned by the Contractor and those proposed to be hired to be used for implementation of the Contract against the prescribed list specified in the BDS;

(c) Availability of skilled manpower: availability of skilled and experienced manpower required for the timely and quality execution of the work against the list of manpower with the desired qualification and experience specified in the BDS;

(d) Average performance score from the previous works carried

8 This amount is usually not less than 1 to 1.5 times the estimated annual cash flow for the Contract.

Section I: Instruction to Bidders (ITB) 8

out in the last five (5) calendar years;

(e) Bid capacity of the contractor against the quoted bid calculated using the following formula:

Bid Capacity = 2 * A* N – B

Where A= Average turnover of the Contractor over the last 3 calendar years

N= Estimated duration of the Project to be tendered

B= Portion of other ongoing Works to be completed in the period that overlaps with the current project’s duration (that is N and

(f) Credit line available for this contract.

4.6 In the case of joint ventures, the individual credentials of the joint venture partners need to be averaged using their stake in the JV for the purpose of evaluation under the parameters of Similar work experience, performance score from previous work, Bid Capacity and Credit line available. For the parameters of equipment, manpower, Status, Employment of VTI/skilled local labourer and Internship to VTI, the resources or information committed / provided by the JV as a single entity will be considered for award of points.

4.7 Domestic bidders and joint ventures, consortia or associations of domestic bidders who may be eligible for a margin of preference in Bid evaluation shall supply all information to satisfy the criteria for eligibility as described in ITB Clause 3 of these Instructions to Bidders.

4.8 Financial bids of only those Bidders who meet the minimum technical score specified in the BDS will be considered for award of the work.

5. One Bid per Bidder

5.1 Each Bidder shall submit only one Bid, either individually or as a partner in a JV/C/A. A Bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) shall cause all the proposals with the Bidder’s participation to be disqualified.

6. Cost of Bidding 6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer shall in no case be responsible or liable for those costs.

7. Site Visit 7.1 The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense.

Section I: Instruction to Bidders (ITB) 9

B. Bidding Documents

8. Content of Bidding Documents

8.1 The set of Bidding Documents comprises the documents listed in the table below and addenda issued in accordance with ITB Clause 10:

Section I: Instructions to Bidders Section II: Bidding Data Sheet

Section III: Eligible Countries Section IV: Forms of Bid, Qualification Information and Evaluation

Table , Letter of Acceptance, and Contract Section V: General Conditions of Contract Section VI: Special Conditions of Contract Section VII: Specifications and Performance Requirements Section VIII: Drawings Section IX: Bill of Quantities - This (or the Activity Schedule in

the case of lump sum Contracts) comprises a paper hard copy and an electronic copy on CD-ROM.

Section X: Forms of Securities and Invitation for Bids

9. Clarification of Bidding Documents

9.1 A prospective Bidder requiring any clarification of the Bidding Documents may notify the Employer in writing, including by cable, facsimile, telex or electronic mail, at the Employer’s address indicated in the BDS. The Employer shall respond to any request for clarification received earlier than fifteen (15) days prior to the deadline for submission of bids. Copies of the Employer’s response shall be forwarded to all purchasers of the Bidding Documents, including a description of the inquiry, but without identifying its source. Should the clarification result in changes to the essential elements of the Bidding Documents, the Employer shall amend the Bidding Documents, following the procedure in ITB Clause 10 and ITB Sub-Clause 20.2.

9.2 The bidder or his official representative is invited to attend a pre-bid meeting, which will take place at the place and time stated in BDS.

9.3 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

9.4 The bidder is requested to submit any questions in writing or by facsimile or email to reach the Employer not later than one week before the meeting.

9.5 Minutes of the meeting, including the text of the questions raised (without identifying the source of inquiry) and the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-Clause 9.1 which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.

9.6 Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.

10. Amendment of Bidding

10.1 Before the deadline for submission of Bids, the Employer may modify the Bidding Documents by issuing addenda.

Section I: Instruction to Bidders (ITB) 10

C. Preparation of Bids

11. Language of Bid

11.1 All documents relating to the Bid shall be in the language specified in the BDS.

12. Documents Comprising the Bid

12.1 The Bid submitted by the Bidder shall comprise the following:

(a) The Bid form (in the format indicated in Section IV – Forms of Bid, Qualification Information, Letter of Acceptance, and Contract);

(b) Bid Security in accordance with Clause 16;

(c) Priced Bill of Quantities - this must be submitted in paper form, signed by the duly authorized signatory of the Bidder, and also in electronic form on CD-ROM, if required by the Employer;

(d) Qualification Information Form and Documents;

(e) Integrity Pact Statement

(f) Alternative offers where invited;

and any other materials required to be completed and submitted by Bidders, as specified in the BDS.

13. Bid Prices 13.1 The Contract shall be for the whole Works, as described in ITB Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder.

13.2 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the Bidder shall not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting.

13.3 The Bidder shall quote its final all-inclusive net price, including all incidental costs, for carrying out the Contract. All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 30 days prior to the deadline for submission of Bids, shall be included in the rates, prices and total Bid price submitted by the Bidder.

Documents 10.2 Any addendum thus issued shall be part of the Bidding Documents, shall be binding on all Bidders and shall be communicated in writing, including by cable, facsimile, telex or electronic mail, to all purchasers of the Bidding Documents. Prospective Bidders shall acknowledge receipt of each addendum in writing, including by electronic mail, to the Employer.

10.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer shall extend, as necessary, the deadline for submission of Bids, in accordance with ITB Sub-Clause 20.2 below.

Section I: Instruction to Bidders (ITB) 11

13.4 The rates and prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract9 if provided for in the BDS and the SCC and the provisions of GCC Clause 47 of the General Conditions of Contract. The Bidder shall submit with the Bid all the information required under the SCC and GCC Clause 47 of the General Conditions of Contract.

14. Currencies of Bid and Payment

14.1 The unit rates and prices shall be quoted by the Bidder entirely in Ngultrum (Nu). Foreign currency requirements shall be indicated as a percentage of the Bid price (excluding provisional sums) and shall be payable at the option of the Bidder in up to three foreign currencies.

14.2 The rates of exchange to be used by the Bidder in arriving at the local currency equivalent and the percentage(s) mentioned in ITB Sub-Clause 14.1 above shall be the selling rates for similar transactions established by the authority specified in the BDS prevailing on the date 30 days prior to the latest deadline for submission of Bids. These exchange rates shall apply for all payments so that no exchange risk shall be borne by the Bidder. If the Bidder uses other rates of exchange, the provisions of ITB Clause 28.1 shall apply. In any case, payments shall be computed using the rates quoted in the Bid.

14.3 Bidders shall indicate details of their expected foreign currency requirements in the Bid.

14.4 Bidders may be required by the Employer to clarify their foreign currency requirements and to substantiate that the amounts included in the rates and prices, if required in the BDS, are reasonable and responsive to ITB Sub-Clause 14.1.

14.5 In case of International Procurement from countries other than India, the procuring agency may invite bids in convertible currencies. The bids shall however, be evaluated in accordance with Sub-Clause 14.2 above, but the payment shall be made in the currency of bid.

15. Bid Validity 15.1 Bids shall remain valid for the period specified in the BDS.

15.2 In exceptional circumstances, the Employer may request that the Bidders extend the period of validity for a specified additional period. The request and the Bidders’ responses shall be made in writing or by electronic mail. The Bid Security required pursuant to ITB Clause 16 shall be extended to 30 days after the deadline of the extended Bid validity period. A Bidder may refuse the request without forfeiting the Bid Security. The refusal to extend the bid by the bidder will make the bid invalid and shall not be further considered for evaluation and award, A Bidder agreeing to the request shall not be required or permitted to modify its Bid, except as provided for in ITB Clause 16.

15.3 In the case of contracts in which the Contract Price is fixed (not subject to price adjustment), if the period of Bid validity is extended beyond 60 days, the amounts payable in local and foreign currency to the Bidder selected for award shall be adjusted as specified in the request for extension. Bid evaluation shall be based on the Bid Price without taking

9 For contracts with a duration of more than 18 months the price adjustment normally should be allowed

Section I: Instruction to Bidders (ITB) 12

the above correction into consideration.

16. Bid Security 16.1 The Bidder shall furnish, as part of the Bid, a Bid Security as specified in the BDS.

16.2 The Bid Security shall be in fixed amount as specified in BDS and denominated in Ngultrum (Nu) or the currency of the Bid or in another freely convertible currency, and shall:

(a) at the Bidder’s option, be in any of the following forms:

(i) a demand unconditional bank guarantee; or

(ii) a account payee demand draft; or

(iii) a account payee cash warrant.

(b) be issued by financial institution in Bhutan acceptable to the Employer selected by the Bidder and located in any eligible country. If the institution issuing the Bid Security is located outside Bhutan, it shall have a correspondent financial institution located in Bhutan to make it enforceable.

(c) in the case of a bank guarantee, be substantially in accordance with the form of Bid Security included in Section X, Security Forms, or other form approved by the Employer prior to Bid submission;

(d) be payable promptly upon written demand by the Employer in case the conditions listed in ITB Sub-Clause 16.5 are invoked;

(e) be submitted in its original form; copies shall not be accepted;

(f) remain valid for a period of 30 days beyond the validity period of the Bids, as extended, if applicable, in accordance with ITB Sub-Clause 15.2.

16.3 Any Bid not accompanied by a responsive Bid Security shall be Rejected by the Employer as non-responsive.

16.4 The Bid Securities of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder furnishing the Performance Security and in any event not later than 30 days after the expiration of the validity of the unsuccessful Bidder’s Bid.

16.5 The Bid Security may be forfeited

(a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Bid Submission Sheet, except as provided for in ITB Sub-Clause 15.2; or

(b) if the Bidder that submitted the lowest evaluated Bid does not accept the correction of the Bid price pursuant to Clause 27; or

(c) if the successful Bidder fails within the specified time limit to

(i) sign the Contract; or

Section I: Instruction to Bidders (ITB) 13

(ii) furnish the required Performance Security

16.6 The Bid Security of a JV/C/A must be in the name of the JV/C/A that submits the Bid. If the JV/C/A has not been legally constituted at the time of bidding, the Bid Security shall be in the names of all future partners as named in the letter of intent.

17. Alternative Proposals by Bidders

17.1 Alternatives shall not be considered, unless specifically allowed in the BDS. If so allowed, ITB Sub-Clauses 17.1 and 17.2 shall govern, and the BDS shall specify which of the following options shall be allowed:

(a) Option One. A Bidder may submit alternative Bids with the base Bid and the Employer shall only consider the alternative Bids offered by the Bidder whose Bid for the base case was determined to be the lowest-evaluated Bid, or

(b) Option Two. A Bidder may submit an alternative Bid with or without a Bid for the base case. All Bids received for the base case, as well as alternative Bids meeting the Technical Specifications and Performance Requirements pursuant to Section VII, shall be evaluated on their own merits.

17.2 Alternative Bids shall provide all information necessary for a complete evaluation of the alternative by the Employer, including design calculations, technical specifications, breakdown of prices, proposed construction methods and other relevant details.

18. Format and Signing of Bid

18.1 The Bidder shall prepare one original of the documents comprising the Bid as described in ITB Clause 12 , bound with the volume containing the Form of Bid, and clearly marked “ORIGINAL.” In addition, the Bidder shall submit copies of the Bid, in the number specified in the BDS, and clearly marked as “COPIES.” In the event of any discrepancy between the original and any copies, or between the original paper form of the Bill of Quantities (or Activity Schedule in the case of lump sum Contracts) and the electronic version on CD-ROM, the original shall prevail.

18.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to ITB Sub-Clause 4.3 (a). Unsigned Form of Bid & BOQ shall make the bid non-responsive. All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid.

18.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.

18.4 The Bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to contract execution if the Bidder is awarded the contract.

Section I: Instruction to Bidders (ITB) 14

D. Submission of Bids 19. Sealing and Marking of Bids

19.1 Bidders may always submit their Bids by mail or by hand. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the procedures specified in the BDS. The Bidder shall seal the original and all copies of the Bid, including alternative Bids if permitted in accordance with ITB Clause 17, in separate inner envelopes contained within one outer envelope. All envelopes shall be sealed with adhesive or other sealant to prevent reopening.

19.2 The inner envelopes shall

(a) be signed across their seals by the person authorized to sign the Bid on behalf of the Bidder; and

(b) be marked “ORIGINAL”, “ALTERNATIVE” (if any) and “COPIES”;

19.3 The outer envelope shall:

(a) be signed across its seal by the person authorized to sign the Bid on behalf of the Bidder;

(b) be marked “Confidential”;

(c) be addressed to the Employer at the address10 provided in the BDS;

(d) bear the name and identification number of the Contract as defined in the BDS and SCC; and

(e) provide a warning not to open before the specified time and date for Bid opening as defined in the BDS.

19.4 In addition to the identification required in ITB Sub-Clause 19.2, the inner envelopes shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late pursuant to ITB Clause 21.

19.5 If the outer envelope is not sealed and marked as above, the Employer shall assume no responsibility for the misplacement or premature opening of the Bid.

20. Deadline for Submission of Bids

20.1 Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the BDS.

20.2 The Employer may extend the deadline for submission of Bids by issuing an amendment in accordance with ITB Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline shall then be subject to the new deadline.

10 The receiving address shall be an office that is staffed during normal working hours by personnel authorized to certify

time and date of receipt and assure safe-keeping until Bid opening. A post office address is not to be used. The address must be the same as the receiving address described in the Invitation for Bids.

Section I: Instruction to Bidders (ITB) 15

21. Late Bids 21.1 Any Bid received by the Employer after the deadline prescribed in ITB Clause 20 shall be returned unopened to the Bidder.

22. Withdrawal, Substitution and Modification of Bids

22.1 Bidders may withdraw, substitute or modify their Bids by giving notice in writing before the deadline prescribed in ITB Clause 20.

22.2 Each Bidder’s withdrawal, substitution or modification notice shall be prepared, sealed, marked and delivered in accordance with ITB Clauses 18 and 19, with the outer and inner envelopes additionally marked “WITHDRAWAL”, “SUBSTITUTION” or “MODIFICATION” as appropriate.

22.3 No Bid may be substituted or modified after the deadline for submission of Bids.

22.4 Withdrawal of a Bid between the deadline for submission of Bids and the expiration of the period of Bid validity specified in the BDS or as extended pursuant to ITB Sub-Clause 15.2 may result in the forfeiture of the Bid Security pursuant to ITB Clause 16. If the lowest or the lowest evaluated bidder withdraws his bid between the periods specified pursuant to clause 22.4, the bid security of the bidder shall be forfeited and in addition the bidder shall pay to the Employer the positive difference of sum, if any with the next lowest Bidder within 14 days of his withdrawal. If the bidder fails to pay the difference within the said date, the bidder shall be debarred by a Competent Authority as per law.

22.5 Bidders may only offer discounts to, or otherwise modify the prices of their Bids, by submitting Bid modifications in accordance with this clause or included in the initial Bid submission.

E. Bid Opening and Evaluation 23. Bid Opening 23.1 The Employer shall open the Bids, including modifications made

pursuant to ITB Clause 22, in the presence of the Bidders’ representatives who choose to attend at the time and in the place specified in the BDS. Any specific opening procedures required if electronic bidding is permitted in accordance with ITB Sub-Clause 20.1 shall be as specified in the BDS.

23.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to ITB Clause 22 shall not be opened.

23.3 The Original & Copies will be opened at the bid opening. The Bidders’ names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid withdrawals, substitutions or modifications, the presence or absence of Bid Security (and any other details the Employer may consider appropriate) responses to any Bidding Documents addenda; fulfillment of any such other specific formal requirements as are prescribed in the Bidding Documents; and such other details as the Employer may consider appropriate, shall be announced by the Employer at the opening. This information also

Section I: Instruction to Bidders (ITB) 16

shall be written on a notice board for the public to copy. Any Bid price, discount or alternative Bid price not announced and recorded shall not be taken into account in Bid evaluation.

The bid form including appendices to bid form, bill of quantities, price schedules, bid securities, any discounts offered, and any other important documents shall be initialed by all members of the Bid Opening Committee. All corrections/overwriting will be noted and recorded on each page of the Bill of Quantities. The bid evaluation will be done using the Copies while the Original will be kept in safe custody. If there are any discrepancies between the Original & Copies, the Original shall prevail.

No Bid shall be rejected at Bid opening except for late Bids pursuant to ITB Clause 21, non- submission of completed bid form with signature, non-signing of IP and BOQ and insufficient Bid security. Substitution Bids and modifications submitted pursuant to ITB Clause 22 that are not opened and read out at Bid opening shall not be considered for further evaluation regardless of the circumstances. Late, withdrawn and substituted Bids shall be returned unopened to Bidders.

23.4 The Employer shall prepare Minutes of the Bid opening, including the information disclosed to those present in accordance with ITB Sub-Clause 23.3. The Minutes shall include, as a minimum:

(a) the Contract title and reference number;

(b) the Bid number;

(c) the Bid deadline date and time;

(d) the date, time and place of Bid opening:

(e) Bid prices, per lot if applicable, offered by the Bidders, including any discounts and alternative offers;

(f) the presence or absence of Bid security and, if present, its amount and validity;

(g) name and nationality of each Bidder, and whether there is a withdrawal, substitution or modification;

(h) the names of attendees at the Bid opening, and of the Bidders they represent (if any);

(i) details of any complaints or other comments made by attendees/representatives attending the Bid opening, including the names and signatures of the attendees/representatives making the complaint(s) and/or comment(s); and

(j) the names, designations and signatures of the members of the Bid Opening Committee.

The Bidders’ representatives and attendees who are present shall be requested to sign the record. The omission of a Bidder’s or other attendee’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall

Section I: Instruction to Bidders (ITB) 17

be distributed to all Bidders.

24. Confidentiality

24.1 Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until publication of the award to the successful Bidder has been announced pursuant to ITB Sub-Clause 33.4. Any effort by a Bidder to influence the Employer’s processing of Bids or award decisions may result in the rejection of his Bid. Notwithstanding the above, from the time of Bid opening to the time of Contract award, if any Bidder wishes to contact the Employer on any matter related to the Bidding process, it should do so in writing, including by electronic mail.

25. Clarification of Bids

25.1 To assist in the examination, evaluation and comparison of Bids, the Employer may, at the Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing, including by electronic mail, but no change in the price or substance of the Bid shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with ITB Clause 27.

26. Examination of Bids and Determination of Responsiveness

26.1 Prior to the detailed evaluation of Bids, the Employer shall determine whether each Bid (a) meets the eligibility criteria defined in ITB Clause 3; (b) has been properly signed; (c) is accompanied by the Bid Security; and (d) is substantially responsive to the requirements of the Bidding Documents.

26.2 A substantially responsive Bid is one which conforms to all the terms, conditions and specifications of the Bidding Documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding Documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids.

26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

27. Correction of Errors

27.1 Bids determined to be substantially responsive shall be checked by the Employer for any arithmetic errors. Errors shall be corrected by the Employer as follows:

(a) where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern; and

(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted shall govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which

Section I: Instruction to Bidders (ITB) 18

case the line item total as quoted shall govern, and the unit rate shall be corrected.

27.2 The corrections will be notified in writing to the individual bidder with a request for written acceptance of the corrections within the specified period as made in the notification. The amount stated in the Bid shall be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid shall be rejected, and the Bid Security may be forfeited in accordance with ITB Sub-Clause 16.5 (b).

28. Currency for Bid Evaluation

28.1 Bids shall be evaluated as quoted in Ngultrum (NU) in accordance with ITB Sub-Clause 14.1, unless a Bidder has used different exchange rates than those prescribed in ITB Sub-Clause 14.2, in which case the Bid shall be first converted into the amounts payable in different currencies using the rates quoted in the Bid and then reconverted to Ngultrum (NU) using the exchange rates prescribed in ITB Sub-Clause 14.2.

29. Evaluation and Comparison of Bids

29.1 The Employer shall evaluate and compare only the Bids determined to be substantially responsive in accordance with ITB Clause 26.

29.2 In evaluating the Bids, the Employer shall determine for each Bid the evaluated Bid price by adjusting the Bid price as follows:

(a) making any correction for errors pursuant to ITB Clause 27;

(b) excluding provisional sums and the provision (unless no rates have been asked from the bidders), if any, for contingencies in the Bill of Quantities, but including Daywork,11 where priced competitively;

(c) making an appropriate adjustment for any other acceptable variations, deviations or alternative offers submitted in accordance with ITB Clause 17; and

(d) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with ITB Sub-Clause 22.5.

29.3 The bids shall be evaluated by applying the evaluation criteria, sub criteria and points system specified in the BDS. Each responsive bid will be given a technical score. Financial bids of only those bidders who score the minimum technical score specified in the BDS will be considered to for the 2nd stage of bid evaluation to obtain an overall price preference -financial score. Work will be awarded to the Bidder obtaining the highest overall price preference -financial score which will be obtained using the following formula:

90 % X (Lowest quoted bid among qualifying tenders/ financial bid

11 Daywork is work carried out following instructions of the Employer and paid for on the basis of time spent by workers,

and the use of materials and the Contractor’s equipment, at the rates quoted in the Bid. For Daywork to be priced competitively for Bid evaluation purposes, the Employer must list tentative quantities for individual items to be costed against Daywork (e.g., a specific number of tractor driver staff-days, or a specific tonnage of Portland cement), to be multiplied by the bidders’ quoted rates and included in the total Bid price.

Section I: Instruction to Bidders (ITB) 19

quoted by x) + 10% X Price preference score for x.

29.4 The Employer reserves the right to accept or reject any variation, deviation or alternative offer. Variations, deviations and alternative offers and other factors which are in excess of the requirements of the Bidding Documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid evaluation.

29.5 The estimated effect of any price adjustment conditions under GCC Clause 47, during the period of implementation of the Contract, shall not be taken into account in Bid evaluation.

29.6 If the Bid which results in the lowest evaluated Bid price is abnormally low, seriously unbalanced and/or front loaded in the opinion of the Employer, the Employer shall require the Bidder to produce written explanations of, justifications and detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. Such explanations, justifications and analyses may also include, but are not limited to, details of the technical solutions chosen, exceptionally favorable conditions available to the Bidder for the execution of the Contract, and the originality of the Works proposed by the Bidder. After objective evaluation of the explanations, justifications and price analyses, taking into consideration the schedule of estimated Contract payments, if the Procuring Agency decides to accept the abnormally low, seriously unbalanced and/ or front loaded price, the bidder shall be required to provide additional differential security equivalent to the difference between the estimated amount and the quoted price in addition to the performance security.

30. Preference for Domestic Bidders

30.1 As indicated in the BDS, domestic contractors may receive a margin of preference in Bid evaluation, for which this clause shall apply.

30.2 A domestic Bidder shall provide all evidence necessary to prove that it meets the following criteria to be eligible for a margin of preference in the comparison of its Bid with those of Bidders who do not qualify for the preference. A domestic Bidder shall:

(a) be registered within Bhutan, constituted under and governed by the civil, commercial or public law of Bhutan, and have its statutory office, central administration or principal place of business there;

(b) have majority ownership by nationals of Bhutan;

(c) not subcontract more than twenty percent (20) percent of the Contract Price, excluding provisional sums, to foreign contractors, suppliers and/or consultants.

30.3 Joint Ventures, Consortia and Associations of domestic firms may be eligible for the margin of preference provided that:

(a) the individual partners satisfy the criteria of eligibility of ITB Sub-Clauses 30.2 (a) and (b);

Section I: Instruction to Bidders (ITB) 20

(b) the JV/C/A is registered in Bhutan;

(c) the JV/C/A does not subcontract more than ten percent (10%) of the Contract Price, excluding provisional sums, to foreign firms; and

(d) the JV/C/A satisfies any other criteria specified for the purpose of domestic preference eligibility, as specified in the BDS.

30.4 The procedure used to apply the margin of preference shall be as stipulated in the BDS.

F. Award of Contract

31. Award Criteria

31.1 Subject to ITB Clause 32, the Employer shall award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding Documents and who has scored the highest in the price preference – financial score of 100, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of ITB Clause 3, and (b) qualified in accordance with the provisions of ITB Clause 4.

32. Employer’s Right to Accept any Bid and to Reject any or all Bids

32.1 Notwithstanding ITB Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel the bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer’s action.

33. Notification of Award and Signing of Contract

33.1 The Bidder who’s Bid has been accepted shall be notified in writing of the award by the Employer prior to expiration of the Bid validity period. This notification letter (hereinafter and in the General Conditions of Contract called the “Letter of Acceptance”) shall state the sum that the Employer shall pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).

33.2 The Letter of Acceptance shall constitute the formation of the Contract, subject to the Bidder furnishing the Performance Security in accordance with ITB Clause 34 and signing the Contract in accordance with ITB Sub-Clause 33.3. It shall be accompanied by two originals of the Contract in the form provided for in Section IV – Forms of Bid, Qualification Information, Letter of Acceptance, and Contract.

33.3 The Contract shall incorporate all agreements between the Employer and the successful Bidder. It shall be signed by the Employer and sent to the successful Bidder with the Letter of Acceptance. Within 15 days of receipt, the successful Bidder shall sign the Contract and deliver it to the Employer.

33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer shall notify all other Bidders of the results of the bidding and shall publish a notification of award on the Employer’s

Section I: Instruction to Bidders (ITB) 21

website. The notifications to all other Bidders as well as the notification posted on the Employer’s website shall include the following information:

(i) the Bid and lot numbers

(ii) name of the winning Bidder, and the Price it offered, as well as the duration and summary scope of the contract awarded; and

(iii) the date of the award decision.

34. Performance Security

34.1 Within fifteen (15) working days after receipt of the Letter of Acceptance the successful Bidder shall deliver to the Employer a Performance Security in the amount stipulated in the GCC and in the form stipulated in the BDS, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the GCC.

34.2 If the Performance Security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued, at the Bidder’s option, by a financial institution located in Bhutan, or by a foreign bank acceptable to the Employer through a correspondent bank located in Bhutan.

34.3 Failure of the successful Bidder to comply with the requirements of ITB Sub-Clauses 33.3 and 34.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. If the lowest evaluated bidder fails to produce the performance guarantee & sign the contract then apart from forfeiture of Bid Security, the bidder will also be required to bear the positive difference in contract amount between his bid and the bidder to whom the work has been awarded.

34.4 Upon the successful Bidder’s signing of the Contract and furnishing of the Performance Security pursuant to ITB Sub-Clause 34.1, the Employer shall promptly notify the name of the winning Bidder to each unsuccessful Bidder in accordance with ITB Sub-Clause 33.4 and shall discharge the Bid Securities of the unsuccessful Bidders pursuant to ITB Sub-Clause 16.4.

35. Advance Payment and Security

35.1 The Employer shall provide an Advance Payment on the Contract Price as stipulated in the GCC, subject to a maximum amount, as stated in the BDS. The advance payment shall be guaranteed by a Security in the form provided for in Section X, Security Forms.

36. Adjudicator 36.1 The Employer may propose the person named in the BDS to be appointed as Adjudicator under the Contract. If the Bidder disagrees with this proposal, the Bidder should so state in the Bid. If, in the Letter of Acceptance, the Employer has not agreed on the bidder’s nomination of the Adjudicator, the Adjudicator may be appointed by mutual consent.

Section II: Bidding Data Sheet 22

Section II. Bidding Data Sheet 12

A. General

ITB 1.1

The Employer is Executive Engineer, Phuentsholing Field Division, Department of Roads, Phuentsholing.

The name and identification of the contract are laying of subbase, base course, and construction of permanent works on Halhaley-Dorokha road (Km 4-10.5), Contract No 6.

The Works are for the laying of subbase, base course, and construction of permanent works.

ITB 1.2 The Intended Completion Date is 4.5 months.

ITB 4.3 The information required from Bidders in ITB Sub-Clause 4.3 is modified as follows: None

ITB 4.3 (j) The ceiling for sub contractor's participation and conditions are : Not applicable

ITB 4.4 The qualification data required from Bidders in ITB Sub-Clause 4.4 is modified as follows: None

ITB 4.5 The qualification criteria in ITB Sub-Clause 4.5 are modified as follows: None

ITB 4.5 (b) The essential equipment to be made available for the Contract by the successful Bidder shall be:

Equipment Number required

Maximum Marks

Excavator (Tier I) 1 10

Vibratory Roller (Tier I) 2 10

Motor Grader (Tier I) 1 10

Tata Tipper (Tier I) 5 20

Tanker (Tier II) 1 10

Transit Mixer (Tier II) 1 10

Backhoe Loader (Tier II) 1 10

Concrete Mixer (Tier III) 2 5

Tractor (Tier III) 2 10

Concrete Vibrator (20 mm needle) 2 5

Section II: Bidding Data Sheet 23

(Tier III)

TOTAL 100

ITB 4.5 (c)

The skilled and experienced manpower required for the timely and quality execution of the work to be made available for the Contract by the successful Bidder shall be:

Tier Position Qualification Score

Tier I

Project Manager

Graduate in Civil Engineer with 10+ years of experience

Graduate in Civil Engineer with 5-10 years of experience

Diploma in Civil Engineer with 5-10 years of experience

50

30

20

Tier II

Project Engineer

Graduate in Civil Engineer with 5+ years of experience or Diploma Engineer with 10+ years experience

Diploma in Civil Engineer with 5-10 years of experience

Diploma in Civil Engineer with 3+ years of experience

30

20

10

Tier III

Site Supervisor

VTI graduate with 5+ years experience

VTI graduate with 3-5 years experience

20

10

ITB 4.6

Subcontractors’ experience and resources [ “shall not”] be taken into account

B. Bidding Documents

ITB 9.1

The Employer’s address for clarification is: Executive Engineer, Phuentsholing Field Division, Department of Roads, Phuentsholing. Contract # 05-253977 / 05-251462 PABX:05-252245

Section II: Bidding Data Sheet 24

ITB 9.2 Not applicable

C. Preparation of Bids

ITB 11.1 The language of the bid is: English

ITB 12.1 Any additional materials required to be completed and submitted by the Bidders are: None

ITB 13.4 The Contract is not subject to price adjustment in accordance with GCC Clause 47.

ITB 14.2 The authority for establishing the rates of exchange shall be the Royal Monetary Authority of Bhutan.

ITB 14.4 Not applicable

ITB 15.1 The Bid shall be valid for 60 days from the deadline for submission of Bids stipulated in ITB Clause 20.1

ITB 16.1 & 16.2

The Bid Security amount is Nu. 475,000.00

ITB 17.1 Alternative Bids shall not be considered.

ITB 18.1 In addition to the original Bid, the number of copies is One.

D. Submission of Bids

ITB 19.1 Bids submitted electronically shall not be accepted.

ITB 19.3 (c) The Employer’s address for the purpose of Bid submission is Executive Engineer, Field Division, Department of Roads, P/ling.

ITB 19.3 (d) The name and Identification number of the contract as given in ITB 1.1 above in this sheet.

ITB 19.3 (e)

The warning shall read “DO NOT OPEN BEFORE December 26, 2011, 2.30PM

ITB 20.1 The deadline for submission of Bids shall be December 26, 2011, 1.00 PM

E. Bid Opening and Evaluation

ITB 23.1 The Bid opening shall take place on the same day as the closing day of the bid submission at: Conference hall of Phuentsholing Field Division, P/ling.

Date: December 26, 2011, Time: 2.30 PM

Section II: Bidding Data Sheet 25

ITB 30.1 Margin of domestic preference of five percent (5%) shall not apply.

ITB 30.3 (d) Other criteria to be used for the purpose of assessing domestic preference eligibility are: None

ITB 30.4 Not Applicable

F. Award of Contract

ITB 34.1 The Performance Security shall be provided in any one of the following forms:

(a) demand guarantee in the form provided for in Section X, Security Forms, or

(b) Banker’s certified cheque/cash warrant.

(c ) demand draft.

ITB 35.1 The Advance Payment shall be limited to ten percent (10%) of the Contract Price.

ITB 36.1 Disputes arising from the implementation of the provisions of the Contract shall be settled first by negotiations between the Contractor and the Employer in order to arrive at an amicable settlement. If negotiations fail between the parties, the dispute shall be referred to the CDB and finally resolved by Arbitration in accordance with rules and procedures of CDB enforced at the time of submission through its National Arbitration Committee. Either party can take the case to the court in Bhutan if the Arbitration award is not acceptable to them. If the case is taken to the court, all the decisions made by the Arbitration committee will be null & void.

Section III: Eligible Countries 26

Section III. Eligible Countries

Eligibility for the Provision of Goods, Works and S ervices in RGoB-financed

Procurement

1. The RGoB permits firms and individuals from all countries to offer goods, works and services

for RGoB-financed projects. As an exception, firms of a Country, goods manufactured in a Country or services provided from or by a Country may be excluded if:

1.1 As a matter of law or official regulation, the RGoB prohibits commercial relations with

that Country, or

1.2 By an Act of Compliance with a Decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the RGoB prohibits any import of goods from that Country or any payments to persons or entities in that Country.

2. For the information of Bidders, at the present time firms, goods and services from the following

countries are excluded from this bidding: (a) With reference to Paragraph 1.1 above:

[insert list of countries prohibited under the law or official regulations of Bhutan]

(a) With reference to Paragraph 1.2 above:

[insert list of countries which are barred under UN Security Council Chapter VII]

Section IV: Forms of Bid, Qualification Information, Letter of Acceptance and Contract 27

Section IV. Forms of Bid, Qualification Informatio n, Letter of Acceptance, and Contract

1. Contractor’s Bid

Notes on Form of Contractor’s Bid The Bidder shall reproduce, fill in and submit this Bid form with the Bid.

[date] Identification No. and Title of Contract: [insert identification number and title of Contract] To: [name and address of Employer] Having examined the all the Bidding Documents (with reference ITB 8), including addenda [insert list], we offer to execute the [name and identification number of Contract] in accordance with the Conditions of Contract accompanying this Bid for the Contract Price of [insert amount in numbers], [insert amount in words] [insert name of currency]. This Bid and your written acceptance of it shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any Bid you receive. We hereby confirm that this Bid complies with the Bid validity and Bid Security required by the Bidding Documents and specified in the Bidding Data Sheet. We, including any subcontractors or suppliers for any part of the Contract, have nationalities from eligible countries in accordance with ITB Sub-Clause 3.1; We have no conflict of interest in accordance with ITB Sub-Clause 3.2; Our firm, its affiliates or subsidiaries—including any subcontractors or suppliers for any part of the Contract—has not been declared ineligible under the laws or official regulations of Bhutan, in accordance with ITB Sub-Clause 3.3. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below:

Name and address of agent Amount and Currency

Purpose of Commission or gratuity

(if none, state “none”).”

In case if I withdraw my bid after opening for whatsoever reasons, I agree to the forfeiture of

the EMD/Bid Security and also I shall be bound to pay the cost difference (positive) between

Section IV. Forms of Bid, Qualification Information 28 Letters of Acceptance, and Contract

my bid with that of the next lowest evaluated bidder and failure on my part to do so within a month, will authorize the client to debar my firm for a period of 2 years.

Our duly executed Integrity Pact Statement is attached herewith as Appendix A.

Authorized Signature:

(Affix Legal Stamp)

Name and Title of Signatory:

Name of Bidder:

Address:

Section IV. Forms of Bid, Qualification Information 29 Letters of Acceptance, and Contract

2. Qualification Information and Evaluation Table

Notes on Form of Qualification Information The information to be filled in by Bidders in the following pages will be used for purposes of post qualification/ evaluation or for verification of prequalification as provided for in Clause 4 of the Instructions to Bidders. Forms may be reproduced if necessary. Attach additional pages as necessary. Pertinent sections of attached documents should be translated into the Language of the Bid, as specified in BDS ITB 11.1. If used for prequalification verification, the Bidder should fill in updated information only.

1. CAPABILITY (70 MARKS) : list all information requested below. 1.1 Similar work Experience

Value of single largest work of similar size and nature: Sl. No Name of

Work Start & Completion Dates

Value of Work

Name of Employer

OR

Value of 3 works of similar size and nature: Sl. No Name of

Work Start & Completion Dates

Value of Work

Name of Employer

1. 2. 3.

The bidder shall submit the following supporting documents for the above:

� copies of completion certificate of the single largest work of similar size and nature executed in the last 5 calendar years. OR

� copies of completion certificates of no more than 3 works of similar size and nature executed in the last 5 calendar years(works whose completion date is within the last 5 calendar years including the current one).

� Partial completion will not be considered. 1.2 Access to adequate equipment (owned or hired):

Equipment Owned( No) Hired (No) Total (No)

Section IV. Forms of Bid, Qualification Information 30 Letters of Acceptance, and Contract

The bidder shall submit the following supporting documents for the above:

� Copy of the registration certifícate of each equipment committed where applicable.

� In case of hiring, copy of the lease agreement with the leaser.

� In case of ownership, copy of the insurance policy for each equipment where applicable.

1.3 Availability of skilled manpower:

Personnel Name of the comitted personnel

Number Qualification Number of years of experience

The bidder shall submit the following supporting documents for the above:

� Copies of the CVs of all manpower committed. � Copies of Citizenship ID Cards or Passport/ Election ID cards (for foreign

workers) of all manpower committed. � Copies of contract agreements with all personnel if they have been hired on

contract by the contractor. � Copies of Provident Fund Account Documents of all personnel if they have

been recruited on permanent pay rolls by the Contractor.

1.4 Average Performance Score from previous work

The bidder shall submit Performance score card issued by the Procuring Agencies for previous works.

2. CAPACITY (30 MARKS): list all information requested below. 2.1 Bid Capacity

BC = 2*A*N – B Where A= Average turnover of the contractor over the last 3 calendar years

N = Estimated duration of the project to be tendered

Section IV. Forms of Bid, Qualification Information 31 Letters of Acceptance, and Contract

B= Portion of other ongoing works to be completed in the period that overlaps with the current project’s duration (N)

Name of the Project completed (in the last 3 calendar years)

Start & Completion Dates

Value of Contract

Name of Employer

Name of the ongoing Project

Start & Completion Dates

Value of Contract

Name of Employer

The bidder shall submit the following supporting documents for the above: � Completion certificates for all works having their completion dates in the last 3

calendar years ( including the current year) � Award letter certificates for all works having their start dates in the last 3 calendar

years ( including the current year)

2.2 Credit line Available

Amount of credit available

Issuing Financial Institution

The bidder shall submit the following supporting documents for the above:

� Letter of credit or Bank Guarantee from a credible bank or financial institution in Bhutan certifying the unconditional availability of committed credit for that specific project.

3. PRICE PREFERENCE PARAMETERS: list all information requested below.

3.1Status (Incorporated, JV, proprietorship) Constitution or legal status of Bidder:

Place of registration: Principal place of business: Power of attorney of signatory of Bid:

Section IV. Forms of Bid, Qualification Information 32 Letters of Acceptance, and Contract

The bidder shall submit the following supporting documents for the above: � Copy of the certificate of incorporation issued by the registrar of companies

for the bidder in case an incorporated company is bidding alone. � Joint-venture agreement between the contractor involved, and copy of the

certificate of incorporation issued by the registrar of companies for the incorporated partner in case two or more contractors are bidding together in a joint venture.

� Letter of Power of Attorney.

3.2 Employment of VTI Graduates Total Number of workforce committed for the project: Number of VTI graduates committed for the project: The bidder shall submit a letter of commitment to employ VTI Graduates for the execution of the project. 3.3 Commitment for internships to VTI graduates The bidder shall submit a letter of commitment for internship to VTI graduates.

Section IV. Forms of Bid, Qualification Information 33 Letters of Acceptance, and Contract

Notes on Evaluation Table

The following information is provided for the Bidder’s information on the scores that shall be awarded to the bidders based on the qualification information submitted by the Bidders.

1st Stage Sl.No Parameters Level of Achievement Score 1 BIDDER QUALIFICATION 1.1 CAPACITY a) Similar Work Experience(0-10)

Aggregate size of similar contracts (max 3) in the last 5 calendar yrs

OR

Size of the largest similar contract executed in the last 5 calendar yrs

▪ ≥ 175% of current project size ▪ 125 – 175% of current project size

▪ 75 – 125% of current project size

▪ < 75% of current project size

▪ ≥ 100% of current project size ▪ 70 – 100% of current project size

▪ 50 – 70% of current project size

▪ < 50% of current project size

▪ 10

▪ 8

▪ 4

▪ 0

▪ 10

▪ 8

▪ 4

▪ 0

b) Access to equipment (0-25)

Total score for equipments out of a score of 100 to be scaled down to 25

c) Availability of skilled manpower

(0-25) Total score for skilled manpower out of a score of 100 to be scaled down to 25

Sl.No Parameters Level of Achievement Score d) Average performance score

from previous work (past 5 calendar years)

▪ 100% ▪ 1 mark lesser for every 5% point

decrease in score rounded off to

▪ 10

Section IV. Forms of Bid, Qualification Information 34 Letters of Acceptance, and Contract

lower 5%

▪ < 50%

▪ 0

1.2 CAPABILITY a) Bid Capacity (0-10)

*BC =2 * A * N –B

▪ Bid Capacity ≥ quoted bid ▪ Bid Capacity is between 80 – 100%

quoted bid ▪ Bid Capacity is between 60 – 80%

quoted bid ▪ Bid Capacity is between 40 – 60%

quoted bid

▪ Bid Capacity < 40% quoted bid

▪ 10

▪ 8

▪ 6

▪ 4

▪ 0

b) Credit line available (unused)(0-20)

▪ ≥ 100% of estimated 3 month project cash flow ▪ 80 – 100% of estimated 3 month

project cash flow ▪ 60 – 80% of estimated 3 month

project cash flow

▪ <60% of estimated 3 month project cash flow

▪ 20

▪ 16

▪ 8

▪ 0

END OF STAGE 1 out of a score of 100

* Where A = Average turnover of the contractor over the last 3 calendar years

N = Estimated duration of the project to be tendered

B = Portion of other ongoing works to be completed in the period that overlaps with the current project’s duration (that is, N)

A bidder needs to obtain a score of at least 65 points out of 100 on these parameters in order to qualify for the next stage.

2nd Stage Sl.No Parameters Level of Achievement Score 2 BID EVALUATION a) Status (incorporated, JV,

proprietorship) ▪ Incorporated company bidding alone

▪ 40

Section IV. Forms of Bid, Qualification Information 35 Letters of Acceptance, and Contract

▪ Incorporated company as the lead partner (>50% stake) in a bid by a joint venture

▪ Incorporated company as a non-lead

partner (<50% stake) in a bid by a joint venture

▪ Any other (proprietorship, partnership

etc.)

▪ 20

▪ 10

▪ 0

b) Employment of VTI Graduates/local skilled labourers

▪ ≥ 50% project skilled workforce to be VTI ▪ 30 – 50% project skilled workforce to

be VTI ▪ 15 – 30% project skilled workforce to

be VTI

▪ ≤ 15% project skilled workforce to be VTI

▪ 40 ▪ 30

▪ 15

▪ 0

c) Commitment for internships to VTI Graduates

▪ Internship opportunities for VTI graduates equivalent to ≥ 10% of project workforce ▪ Internship opportunities for VTI

graduates equivalent to 5-10% of project workforce

▪ Internship opportunities for VTI

graduates ≤ 5% project skilled workforce

▪ 20 ▪ 10

▪ 0

The overall price preference – financial score is obtained by using the following formula for any qualified contractor (x):-

(Lowest quoted bid among qualifying bids) 90 X -------------------------------------------- + 10% of the Preference Score

of x Financial bid quoted by x

Section IV. Forms of Bid, Qualification Information 36 Letters of Acceptance, and Contract

The contractor getting the highest overall price preference-financial score is awarded the work.

Letter of Acceptance [Letterhead paper of the Employer]

Notes on Standard Form of Letter of Acceptance The Letter of Acceptance shall be the basis for formation of the Contract as described in ITB Clauses 33 and 34 of the Instructions to Bidders. This Standard Form of Letter of Acceptance shall be filled in and sent to the successful Bidder only after evaluation of Bids has been completed.

[Insert date]

To: [name and address of the Contractor] This is to notify you that your Bid dated [insert date] for execution of the [insert name of the Contract and identification number, as given in the SCC] for the Contract Price of the equivalent13 of [insert amount in numbers and words] [insert name of currency], as corrected and modified14 in accordance with the Instructions to Bidders is hereby accepted by our Agency. [Insert one of the following (x) or (y) options if applicable] (x) We accept that [insert name proposed by Bidder] be appointed as the Adjudicator.15 (y) We do not accept that [insert name proposed by Bidder] be appointed as

Adjudicator, and by sending a copy of this Letter of Acceptance to [insert name of the Appointing Authority] we are hereby requesting [insert name], the Appointing Authority, to appoint the Adjudicator in accordance with ITB Clause 36.1.16

The Contract in duplicate is attached hereto. You are hereby instructed to: (a) confirm your acceptance of this Letter of Acceptance by signing and dating both copies

of it, and returning one copy to us no later than 15 days from the date hereof; (b) proceed with the execution of the said Works in accordance with the Contract; (c) sign and date both copies of the attached Contract and return one copy to us within 15

days of the date hereof; and (d) forward the Performance Security pursuant to ITB Sub-Clause 34.1, i.e., within 15 days

after receipt of this Letter of Acceptance, and pursuant to GCC Sub-Clause 51.1

13 Delete “of the equivalent” if the Contract Price is expressed wholly in one currency. 14 Delete “corrected and”, or “and modified” or “as corrected and modified” as applicable. See Notes on Standard Form of

Contract, next page. 15 To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the Instructions to

Bidders, and has accordingly offered another candidate who is acceptable to the Employer. 16 To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the ITB, has

accordingly offered another candidate, and the Employer does not accept the counterproposal.

Section IV. Forms of Bid, Qualification Information 37 Letters of Acceptance, and Contract

. Authorized Signature: Name and Title of Signatory: Name of Agency: Attachment: Contract

Section IV. Forms of Bid, Qualification Information 38 Letters of Acceptance, and Contract

Contract

Notes on Standard Form of Contract The Contract should incorporate any corrections or modifications to the Bid resulting from corrections of errors (ITB Clause 27), price adjustment during the evaluation process (ITB Sub-Clause 15.3), selection of an alternative offer (ITB Clause 17), acceptable deviations (ITB Clause 26), or any other mutually-agreeable changes allowed for in the Special Conditions of Contract, such as changes in key personnel, subcontractors, scheduling, and the like.

This Contract is made the [insert day] day of [insert month], [insert year] between [insert name and address of Employer] (hereinafter called “the Employer”) and [insert name and address of Contractor] (hereinafter called “the Contractor”) of the other part. Whereas the Employer is desirous that the Contractor execute [name and identification number of Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein. Now this Contract witnesseth as follows: 1. In this Contract, words and expressions shall have the same meanings as are respectively

assigned to them in the General Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Contract.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

In Witness whereof the parties thereto have caused this Contract to be executed the day and year first before written. The Common Seal of [Witness entity] was hereunto affixed in the presence of: Signed, Sealed, and Delivered by the said in the presence of: Binding Signature of Employer [signature of an authorized representative of the Employer] Binding Signature of Contractor [signature of an authorized representative of the Contractor]

Section VI: Special Conditions of Contract 39

Section V. General Conditions of Contract (GCC)

Notes on General Conditions of Contract

The General Conditions of Contract (GCC), read in conjunction with the Special Conditions of Contract and other documents listed therein, should be a complete document expressing fairly the rights and obligations of both parties. The form of General Conditions of Contract that follows has been developed on the basis of considerable international experience in the drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more straightforward language. The form can be used directly for smaller ad measurement (unit prices or unit rates in a Bill of Quantities) contracts and, with the modifications noted in the footnotes, it can be adapted for lump sum contracts. The use of standard General Conditions of Contract for building and civil works will promote comprehensiveness of coverage, general acceptability of its provisions, savings in cost and time in Bid preparation and review, and the development of a solid background of legal case histories.

Section V: General Conditions of Contract 40

Table of Clauses A. General

1. Definitions .......................................................................................................42 2. Interpretation ..................................................................................................44 3. Language and Law .......................................................................................44 4. Project Manager’s Decisions .......................................................................44 5. Delegation ......................................................................................................44 6. Communications............................................................................................44 7. Subcontracting ...............................................................................................45 8. Setting Out .....................................................................................................45 9. Other Contractors ..........................................................................................45 10. Personnel........................................................................................................45 11. Employer’s and Contractor’s Risks ............................................................46 12. Employer’s Risks ...........................................................................................46 13. Contractor’s Risks .........................................................................................46 14. Insurance ........................................................................................................46 15. Queries about the Special Conditions of Contract ...................................47 16. Contractor to Construct the Works .............................................................47 17. The Works to Be Completed by the Intended Completion Date ............47 18. Approval by the Project Manager ...............................................................47 19. Safety ..............................................................................................................48 20. Discoveries .....................................................................................................48 21. Possession of the Site ..................................................................................48 22. Access to the Site..........................................................................................48 23. Instructions, Inspections and Audits ...........................................................48 24. Disputes ..........................................................................................................49 25. Procedure for Disputes .................................................................................49 26. Replacement of Adjudicator ........................................................................49

B. Time Control .............................................................................................................................. 49 27. Program ..........................................................................................................49 28. Extension of the Intended Completion Date .............................................50 29. Acceleration....................................................................................................50 30. Delays Ordered by the Project Manager ...................................................50 31. Management Meetings .................................................................................51 32. Early Warning ................................................................................................51

C. Quality Control ........................................................................................................................... 51 33. Identifying Defects .........................................................................................51 34. Tests ................................................................................................................51 35. Correction of Defects ....................................................................................52 36. Uncorrected Defects .....................................................................................52

D. Cost Control ............................................................................................................................... 52 37. Bill of Quantities .............................................................................................52 38. Changes in the Quantities ...........................................................................52 39. Variations ........................................................................................................53 40. Payments for Variations ...............................................................................53 41. Cash Flow Forecasts ....................................................................................54

Section V: General Conditions of Contract 41

42. Payment Certificates .....................................................................................54 43. Payments ........................................................................................................55 44. Compensation Events for allowing time extension ..................................55 45. Tax ...................................................................................................................57 46. Currencies ......................................................................................................57 47. Price Adjustment ...........................................................................................57 48. Retention ........................................................................................................58 49. Liquidated Damages .....................................................................................58 50. Advance Payment .........................................................................................58 51. Securities ........................................................................................................59 52. Dayworks ........................................................................................................59 53. Cost of Repairs ..............................................................................................60

E. Completion of the Contract ......................................................................................................... 60 54. Completion .....................................................................................................60 55. Taking Over ....................................................................................................60 56. Final Account .................................................................................................60 57. Operating and Maintenance Manuals ........................................................60 58. Termination ....................................................................................................60 59. Corrupt or Fraudulent Practices .................................................................61 60. Payment upon Termination .........................................................................62 61. Property ..........................................................................................................63 62. Release from Performance ..........................................................................63

Section V: General Conditions of Contract 42

General Conditions of Contract

A. General 1. Definitions 1.1 Boldface type is used to identify defined terms.

(a) The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in GCC Clauses 25 and 26 hereunder.

(b) Bill of Quantities summary of the units and unit prices of the items proposed under the contract.

(c) Compensation Events are those defined in GCC Clause 44 hereunder.

(d) The Completion Date is the date of completion of the Works as certified by the Employer, in accordance with GCC Sub-Clause 55.1.

(e) The Contract is a formal agreement in writing entered into between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.

(f) The Contractor is an individual or legal entity entering into a contract after its Bid to carry out the Works has been accepted by the Employer.

(g) The Contractor’s Bid is the completed Bidding document submitted by the Contractor to the Employer.

(h) The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.

(i) Days are calendar days; months are calendar months.

(j) Day works are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

(k) A Defect is any part of the Works not completed in accordance with the Contract.

(l) The Defects Liability Certificate is the certificate issued by the Employer upon correction of defects by the Contractor.

(m) The Defects Liability Period is the period named in SCC Sub-Clause 35.1 and calculated from the Completion Date.

(n) Drawings include calculations and other information provided or approved by the Employer for the execution of the Contract.

(o) The Employer is the Government Agency which enters into a Contract with a Contractor to carry out the Works, as specified in the SCC. The terms “Procuring Agency”, “Purchaser”, or “Employer” is

Section V: General Conditions of Contract 43

synonymous.

(p) Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works.

(q) The Initial Contract Price is the Contract Price listed in the Employer’s Letter of Acceptance.

(r) The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the SCC. The Intended Completion Date may be revised only by the Employer by issuing an extension of time or an acceleration order.

(s) In writing is in any written form, including electronic mail.

(t) Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.

(u) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical or biological function.

(v) The Project Manager is the person named in the SCC (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Employer) who is responsible for supervising the execution of the Works and administering the Contract.

(w) SCC is the Special Conditions of Contract.

(x) Secured Advance: Secured advance can be given for non-perishable materials only. Materials such as cement/bamboo cannot be eligible for the secured advance. No secured advance shall be given on account of plants & machineries.

(y) The Site is the area defined as such in the SCC.

(z) Site Investigation Reports are those that were included in the Bidding Documents and are factual and interpretative reports about the surface and subsurface conditions at the Site.

(aa) Specifications mean the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager.

(bb) The Start Date is given in the SCC. It is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

(cc) A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.

(dd) Temporary Works are works designed, constructed, installed and removed by the Contractor that are needed for construction or installation of the Works.

(ee) A Variation is an instruction given by the Project Manager which

Section V: General Conditions of Contract 44

varies the Works.

(ff) The Works are what the Contract requires the Contractor to construct, install and turn over to the Employer, as defined in the SCC.

2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Project Manager shall provide instructions clarifying queries about these GCC.

2.2 If sectional completion is specified in the SCC, references in the GCC to the Works, the Completion Date and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:

(1) Contract,

(2) Letter of Acceptance,

(3) Contractor’s Bid,

(4) Special Conditions of Contract,

(5) General Conditions of Contract,

(6) Specifications,

(7) Drawings,

(8) Bill of Quantities,17 and

(9) any other document listed in the SCC as forming part of the Contract.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the SCC.

4. Project Manager’s Decisions

4.1 Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the Employer and the Contractor in the role representing the Employer.

5. Delegation 5.1 The Project Manager may delegate any of his duties and responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and may cancel any delegation after notifying the Contractor.

6. Communications 6.1 Communications between parties that are referred to in the Conditions shall be effective only when in writing and delivered by hand (against receipt), sent by mail or courier, or transmitted using any of the agreed systems of electronic transmission. A notice shall be effective only when it is delivered.

17 In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule”.

Section V: General Conditions of Contract 45

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Employer provided such provisions exist in contract document, but shall not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations.

8. Setting Out

8.1 The Contractor shall be responsible for setting out the Works and for ensuring the correctness of the positions, levels, dimensions and alignment of the Works. At any time during the execution of the Works, he shall correct any error at his own expense when required to do so by the Employer. Boreholes, exploratory excavations or soil testing may be done if instructed by the Employer. In case, cost of boreholes or exploratory excavations or soil testing is not included in the Contract Price, the cost shall be borne by the Employer. The contractor shall provide all facilities like labour and instruments, and shall co-operate with the Engineer-in-Charge to check all alignments, grades, levels and dimensions. Such checking shall not relieve the contractor of his own responsibility of maintaining the accuracy of the work.

9. Other

Contractors 9.1 The Contractor shall cooperate and share the Site with other

contractors, public authorities, utilities and the Employer between the dates given in the Schedule of Other Contractors, as referred to in the SCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The Employer may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification.

10. Personnel 10.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as referred to in the SCC, to carry out the functions stated in the Schedule or other personnel approved by the Project Manager. The Project Manager shall approve any proposed replacement of key personnel only if their relevant qualifications and abilities are substantially equal to or better than those of the personnel listed in the Schedule. If the Contractor fails to deploy the personnel as committed in the Bid document, the employer shall stop the work if the quality of work is going to suffer or otherwise deduct the salaries of such personnel at a rate stipulated in the Special Condition of Contract per month per personnel for every month of absence of such personnel from the site. Such deductions shall continue till such time that the Contractor deploys the key personnel acceptable to the employer. If the Contractor fails to deploy such key personnel within one to four months18, the deductions shall be discontinued and the contractor’s failure to deploy such personnel shall be treated as a fundamental breach of contract.

This shall also apply to the commitment of employment to Vocational Training Institute Graduates (VTI)/skilled local labourers and commitment to provide internship to VTI graduates. However in this case Contract may not be terminated but wage rates as mentioned in the SCC shall be deducted for the duration of the contract.

Similarly, if the committed equipments are not available at site, the hiring charges of such equipments shall be deducted at a rate

18 The duration should be based on the Contract duration.

Section V: General Conditions of Contract 46

stipulated in the SCC per month for every month of absence for a period of one to four months after which the deductions shall be discontinued and the contractor’s failure to produce such equipments at site shall be treated as a fundamental breach of contract..

10.2 The Contractor shall pay rates of wages and observe conditions of labour which are not lower than the general level of wages and conditions in Bhutan. The Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s personnel. The Contractor shall comply with all relevant labour laws applicable to the Contractor’s personnel, including their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights. The Contractor is required, to the extent practicable and reasonable, to employ national staff and labour with appropriate qualifications and experience.

10.3 The Contractor shall not engage child labour and shall conform to the labour laws/acts, rules and regulations of Bhutan in the execution of Contract work. A child who has not attained the age of 18 years shall not be employed in any work as a labourer. During the continuance of the Contract the Contractor and his Subcontractors shall abide at all times with the labour laws/acts, rules and regulations, including child labour, related enactment and rules made there under.

11. Employer’s and Contractor’s Risks

11.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

12. Employer’s Risks

12.1 From the Start Date until the Defects Liability Certificate has been issued, the following are Employer’s risks:

(a) The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials and Equipment), which are due to:

(i) use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or

(ii) negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials and Equipment to the extent that it is due to a fault of the Employer or in the Employer’s design, or due to war or radioactive contamination directly affecting Bhutan.

13. Contractor’s Risks

13.1 From the Start Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials and Equipment) which are not Employer’s risks are Contractor’s risks.

14. Insurance 14.1 The Contractor shall provide, in the joint names of the Employer and

Section V: General Conditions of Contract 47

the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the SCC for the following events which are due to the Contractor’s risks:

(a) loss of or damage to the Works, Plant and Materials to be built into the works.

14.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

14.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due from the Contractor to the Employer.

14.4 Alterations to the terms of insurance shall not be made without the approval of the Project Manager.

14.5 Both parties shall comply with any conditions of the insurance policies.

15. Queries about the Special Conditions of Contract

15.1 The Project Manager shall clarify queries on the SCC.

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings.

17. The Works to Be Completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them by the Intended Completion Date.

18. Approval by the Project Manager

18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project Manager, who is to approve them if they comply with the Specifications and Drawings.

18.2 The Contractor shall be responsible for design of Temporary Works.

18.3 The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works.

18.4 The Contractor shall obtain approval of third parties to design the Temporary Works, where required.

18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works are subject to prior approval by the Project Manager before use.

Section V: General Conditions of Contract 48

19. Safety 19.1 The Contractor shall be responsible for the safety of all activities on the Site.

19.2 The Contractor shall assume full responsibility and comply with all applicable safety regulations for the adequacy and safety of site operations and methods of construction and he shall adopt measures to prevent injuries to persons or damage to properties or utilities. He shall hold the Employer harmless from any liability for loss or damage resulting from his failures to take the necessary precautions. He shall avoid undue interference with private business, public travel, or with the work of other contractors. He shall take steps to protect the environment and to minimize noise, pollution or other undesirable effects resulting from his method of operation.

20. Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Employer’s instructions for dealing with them.

20.2 All materials obtained during excavation from the site and that have not been accounted for in the bid shall be the property of the Employer and the contractor shall take care of useful materials obtained during the execution of the Works and stack at place designated by the Employer. An arrangement shall be made between the Contractor and the Employer for the use and disposal of such materials according to the laws of the kingdom of Bhutan.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the SCC, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event.

22. Access to the Site

22.1 The Contractor shall allow the Project Manager and any person authorized by the Employer access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

23. Instructions, Inspections and Audits

23.1 The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located.

23.2 The Contractor shall give notice to the Project Manager whenever any work is ready and before it is covered up, put out of sight, or packaged for storage or transport. The Project Manager shall then either carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give notice to the Contractor that he does not require to do so. If the Contractor fails to give the notice, he shall, if and when required by the Project Manager, uncover the work and thereafter reinstate and make good, all at the Contractor’s cost.

23.3 The Contractor shall permit the Employer and/or persons appointed by the Employer to inspect the Site and/or the accounts and records of the Contractor and its Subcontractors relating to the performance of the Contract, and to have such accounts and records audited by auditors appointed by the Employer if so required by the Employer. The Contractor’s attention is drawn to GCC Sub-Clause 59.1 [Corrupt or Fraudulent Practices] which provides, inter alia, that acts intended

Section V: General Conditions of Contract 49

materially to impede the exercise of the Employer’s inspection and audit rights provided for under GCC Sub-Clause 23.3 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to ITB Sub-Clause 2.1 (c) of the Instructions to Bidders within the Bidding Documents that preceded the placement of the Contract of which these GCC form a part).

24. Disputes 24.1 If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator or Arbitrator within 14 days of the notification of the Project Manager’s decision.

25. Procedure for Disputes

25.1 The Adjudicator shall give a decision in writing within 30 days of receipt of a notification of a dispute.

25.2 The Adjudicator shall be paid by the hour at the rate specified in the BDS and the SCC, together with reimbursable expenses of the types specified in the SCC, and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 30 days of the Adjudicator’s written decision. If neither party refers the dispute to arbitration within the above 30 days, the Adjudicator’s decision shall be final and binding.

25.3 The arbitration shall be conducted in accordance with the arbitration procedure published by the institution named and in the place specified in the SCC.

26. Replacement of Adjudicator

26.1 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the Employer and the Contractor. In case of disagreement between the Employer and the Contractor, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the SCC at the request of either party, within 14 days of receipt of such request.

B. Time Control

27. Program

27.1 Within the time stated in the SCC, after the date of the Letter of Acceptance, the Contractor shall submit to the Project Manager for approval a Program showing the general methods, arrangements, order and timing for all the activities in the Works.

27.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Project Manager for approval an updated Program at intervals no longer than the period stated in the SCC. If the Contractor does not submit an updated Program within this period, the Project Manager may withhold the amount stated in the SCC from the next payment certificate and continue to withhold this

Section V: General Conditions of Contract 50

amount until the next payment after the date on which the overdue Program has been submitted.

27.4 The Project Manager’s approval of the Program shall not alter the Contractor’s obligations. The Contractor may revise the Program and submit it to the Employer again at any time. A revised Program shall show the effect of Variations.

27.5 An on-time completion out of a total of thirty (30) % scoring shall be done by the Program Manager. The contractor shall be penalized under this component if he fails to deliver the project as per the initial time-lines committed in the Program.

The site engineer shall penalize the contractor to an extent of 30%. The quantum of penalty could vary as following:

(i) 10% for a minor default (if the final completion of the project is delayed by 10 - 15% as compared to original project duration)

(ii) 20% for a medium default (if the final completion of the project is delayed by 15 - 25% as compared to original project duration)

(iii) 30% for a major default (if the final completion of the project is delayed by 25% or more as compared to original project duration.

28. Extension of the Intended Completion Date

28.1 The Project Manager shall extend the Intended Completion Date if a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.

28.2 The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager for a decision upon the effect of Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

29. Acceleration 29.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.

29.2 If the Contractor’s priced proposals for acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation.

30. Delays Ordered by the Project Manager

30.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works.

Section V: General Conditions of Contract 51

31. Management Meetings

31.1 Either the Project Manager or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.

31.2 The Project Manager shall record the business of management meetings and provide copies of the record to those attending the meeting. The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

32. Early Warning 32.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work increase the Contract Price or delay the execution of the Works. The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Project Manager.

32.3 If the Contractor considers himself to be entitled to any extension of Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 30 days after the Contractor became aware, or should have become aware, of the event or circumstance.

32.4 If the Contractor fails to give notice of a claim within such period of 30 days, the Employer shall be discharged from all liability in connection with the claim.

C. Quality Control 33. Identifying

Defects 33.1 The Project Manager shall check the Contractor’s work and notify the

Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities to ensure the quality of works executed. The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect. The Project Manager at the end of the Contract shall issue a Performance score on Quality out of a total of 70 points based on the guidelines issued by the Standard and Quality Control Authority (SQCA).

34. Tests 34.1 If the Project Manager instructs the Contractor to carry out a test not

specified in the Specifications to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test

Section V: General Conditions of Contract 52

and any samples If there is no Defect, the test shall be a Compensation Event.

35. Correction of Defects

35.1 The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the SCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Manager’s notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount to the Employer. At the option of the Employer, payment of such costs may be made in whole or in part by the Employer deducting and keeping for itself appropriate amounts from the Retention Money and/or claiming against any bank guarantee provided by the Contractor pursuant to GCC Sub-Clause 48.3.

D. Cost Control

37. Bill of

Quantities 19 37.1 The Bill of Quantities shall contain items for the construction,

installation, testing and commissioning work to be done by the Contractor.

37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item.

38. Changes in the Quantities 20

38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than twenty percent (20%), provided the cost of variation beyond twenty percent (20%) limit exceeds one percent (1%) of the Initial Contract Value the Employer shall adjust the quoted rate up or down to allow for the change. Only when both conditions are met then the quoted rate shall be changed.

(a) If the quantity of work executed exceeds the quantity of the item in BOQ beyond the higher specified limit the Employer shall fix the market rate (which may be lower or higher than the quoted rate) to be applied for the additional quantity of the work executed.

19 In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule,” and replace Sub-Clauses 37.1 and

37.2, as follows: 37.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to do so by the

Employer. The activities on the Activity Schedule shall be coordinated with the activities on the Program. 37.2 The Contractor shall show delivery of Materials to the Site separately on the Activity Schedule if payment for

Materials on Site shall be made separately. 20 In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule,” and replace entire Clause 37with

new Sub-Clause 38.1, as follows: 38.1 The Activity Schedule shall be amended by the Contractor to accommodate changes of Program or method of

working made at the Contractor’s own discretion. Prices in the Activity Schedule shall not be altered when the Contractor makes such changes to the Activity Schedule.

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(b) If the quantity of work executed is less than the quantity of the item in BOQ lesser than the lower specified limit, the Employer shall fix the market rate based on the submission of the contractor (which may be lower/higher than the quoted rate) to be applied for whole of the quantity of the work so executed.

38.2 The rates shall not be adjusted from changes in quantities if thereby the Initial Contract Price is exceeded by more than five percent (5%), except with the prior approval of the Employer in consultation with the Tender Committee.

38.3 If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities.

39. Variations 39.1 The Project Manager shall order any variation of the form, quality or quantity of the Works or any part thereof that may, in his opinion, be necessary. Each variation may include, but is not limited to, any of the following:

(a) increase or decrease in the quantity of any work included in the Contract,

(b) omission or insertion of any item of work,

(c) change in the character or quality or kind of any such work,

(d) change in the levels, lines, position and dimensions of any part of the

works, (e) additional work of any kind, or (f) change in any specified sequence or timing of construction activities.

39.2 The Project Manager shall make any such variation by issuing written

instructions to the Contractor and ensure that such variations are duly noted in the Site Order Register. A variation made shall not, in any way, vitiate or invalidate the Contract, but the effect, if any, of all such variations shall be valued in accordance with GCC Clause 40.

39.3 The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to the Project Manager stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, or (ii) such Variation triggers a substantial change in the sequence of the progress of the Works. Upon receiving this notice, the Project Manager shall cancel, confirm or vary the instruction.

39.4 All Variations shall be included in updated Programs21 produced by the Contractor.

40. Payments for 40.1 The Contractor shall provide the Project Manager analysed rate for

21 In lump sum contracts, add “and Activity Schedules” after “Programs”.

Section V: General Conditions of Contract 54

Variations carrying out the Variation when requested to do so by the Project Manager. The Project Manager shall assess the analysed rates, which shall be given within seven days of the request or within any longer period stated by the Project Manager and before the Variation is ordered.

40.2 If the work in the Variation corresponds with an item description in the Bill of Quantities and if, in the opinion of Project Manager, the quantity of work above the limit stated in GCC Sub-Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work.22

40.3 If the Contractor’s quotation is unreasonable, the Project Manager may order the Variation and make a change to the Contract Price, which shall be based on the Project Manager’s own forecast of the effects of the Variation on the Contractor’s costs.

40.4 If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.

40.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.

41. Cash Flow Forecasts

41.1 When the Program23 is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast. The cash flow forecast shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates.

42. Payment Certificates

42.1 The Contractor shall submit to the Project Manager monthly statements of the value of the work executed, based on the Contractor’s records, less the cumulative amount certified previously.

42.2 The Project Manager shall check the Contractor’s monthly statement and certify the amount to be paid to the Contractor.

42.3 The value of work executed shall be determined by the Project Manager.

42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of Quantities completed24 and measurement thereof shall be carried out jointly by the Project Manager, or his Representative, and the Contractor. The Project Manager, or his Representative, shall record the value of the work executed in a measurement book for the purposes of verifying the Contractor's monthly statements. The measurement book shall be signed by the

22 In lump sum contracts, delete this paragraph. 23 In lump sum contracts, add “or Activity Schedule” after “Program”. 24 In lump sum contracts, replace this paragraph with the following: “The value of work executed shall comprise the value of

completed activities in the Activity Schedule.”

Section V: General Conditions of Contract 55

Project Manager or his Representative, and countersigned by the Contractor.

42.5 The value of work executed shall include the valuation of Variations and Compensation Events.

42.6 The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.

43. Payments 43.1 Payments shall be adjusted for deductions for advance payments, taxes, retention money and any other dues.. The Employer shall pay the Contractor within 30 working days from the date of receipt of correct and verified bills/invoices in complete form by the Finance Section.. If the bill is incomplete it has to be returned within 7 days after receipt.

43.2 If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the rate of ten percent (10 %) per annum.

43.3 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall not be paid interest upon the delayed payment as set out in this clause.

43.4 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price.

43.5 Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

44. Compensation Events for allowing time extension

44.1 The following shall be Compensation Events allowing for time extension:

(a) The Employer does not give access to a part of the Site by the Site Possession Date pursuant to GCC Sub-Clause 21.1.

(b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract.

(c) The Project Manager orders a delay or does not issue Drawings, Specifications or instructions required for execution of the Works on time.

(d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.

(e) The Project Manager unreasonably does not approve a subcontract to be let if provided in SCC.

(f) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.

(g) Other contractors, public authorities, utilities or the Employer do

Section V: General Conditions of Contract 56

not work within the dates and other constraints stated in the Contract, and they cause delay.

(h) Other Compensation Events described in the SCC or determined by the Employer and force majeure. “Force Majeure” means an exceptional event or circumstance: (i) which is beyond a Party’s control, (ii) which such Party could not reasonably have provided against before entering into the Contract, (iii) which, having arisen, such Party could not reasonably have avoided or overcome, and (iv) which is not substantially attributable to the other Party.

Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as conditions (i) to (iv) above are satisfied: (i) war, hostilities (whether war be declared or not), invasion, act of foreign Enemies, (ii) rebellion, terrorism, sabotage by persons other than the Contractor’s Personnel, revolution, insurrection, military or usurped power, or civil war, (iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel, (iv) munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity, and (v) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

However, force majeure shall not include the following;

i. rainfall

ii. snowfall

iii. strikes in other countries

iv. non-availability of labourer and materials such as timbers, boulders, sand, and other materials

v. difficulty and risky terrain and remoteness of site

44.2 If a Compensation Event would prevent the work being completed before the Intended Completion Date, the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Intended Completion Date shall be extended.

44.3 The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor not having given early warning.

Section V: General Conditions of Contract 57

45. Tax 45.1 The prices bid by the contractor shall include all duties, taxes and levies that may be levied in accordance with the laws and regulations in being as of the date 30 days prior to the closing date for submission of bids.

46. Currencies 46.1 Where payments are made in currencies other than Ngultrum (NU), the exchange rates used for calculating the amounts to be paid shall be the exchange rates stated in the Contractor’s Bid.

47. Price Adjustment

47.1 If during the contract, there is an increase or decrease in the cost of materials as reflected by the Material Index Numbers published by the National Statistical Bureau25(NSB), a corresponding increase or decrease in the payment to the contractor or recoverable from the Contractor shall be effected on the basis of the following formulae, such calculation being done for every successive period of 3 months after the12th month of the Contract duration:

Adjustment for variation of material prices:

V = Wx0.80x0.75 x (M-M0)/M0

where:

V = amount of variation for materials payable to/recoverable from the contractor for the period under review;

W = value of the work done during the period under review minus (amount of secured advance recovered in the same period + value of works executed under variations for which the variations are paid in the new rate);

M0 = Material Index for the month in which the tender was submitted;

M = the average value of the above Index Number for the 3 months period under review;

47.2 For the applications of the above formulae, the appropriate Index Numbers published by the National Statistical Bureau shall be adopted.

47.3 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.

47.4 Price Adjustment shall apply only for work carried out within the stipulated time or extensions granted by the Procuring Agency and shall not apply to work carried out beyond the stipulated time for reasons attributable to the Contractor.

25 Until NSB comes up with the Material Index for the Royal Government of Bhutan, the Wholesale Price- Index (all commodities) for Materials shall be used for the purpose of this clause. Visit www.eaindustry.nic.in for the

Wholesale Price Index.

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48. Retention 48.1 The Employer shall retain26 ten percent (10%) from each payment due to the Contractor the proportion stated in the SCC until Completion of the whole of the Works as retention money.

48.2 On completion of the whole of the Works, the retention money may be substituted by an unconditional bank guarantee issued by a reputable financial institution acceptable to the Employer. In the case of contracts beyond duration of 12 months, substitution of retention money by such a bank guarantee may be allowed on completion of 50% of the value of the contract and duly certified by the Project Manager. The bank guarantee shall be valid until the issue of a No Defects Liability Certificate by the Employer after the end of the Defects Liability Period and subject to the certification by the Project Manager that all defects notified by the Project Manager to the Contractor have been rectified to his satisfaction before the end of this period. If the Contractor fails to remedy any reported defect within the Defect Liability Period, the Employer shall withhold the payment of realize claims from the bank guarantee of an amount which in the opinion of the Employer represents the cost of the defect to be remedied.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the SCC for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed the ten percent (10%) of the Initial Contract Price. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor’s liabilities.

50. Advance Payment

50.1 The Employer shall make advance payment to the Contractor of the amount stated in the SCC (mobilization and secured advances) by the date stated in the SCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest shall not be charged on the advance payment.

50.2 The secured advances shall be paid to the contractor as specified in SCC on the following conditions:

a. The materials shall be in accordance with the specifications and shall not be in excess of the requirements;

b. The materials shall be delivered at the site of the works, properly stored and protected against loss, damage or deterioration;

c. A declaration shall be given by the contractor passing on the lien on the rights of the materials to the Procuring Agency.

d. The amount of the secured advance shall not be more than seventy five percent (75%) of the cost of materials delivered at the site of works which shall be supported by the original invoices/bills from the suppliers. All materials imported from other countries shall be supported by Bhutan Sales Tax Receipts or Customs Clearance. In case of fabrication works off site, secured advance

26 The retention amount is usually ten percent (10%).

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may be paid to the Contractor after site inspection is carried out by the Procuring Agency at the cost of the contractor, submission of proof of payment(work order) and submission of supply order.

The secured advance shall be recovered from the interim progress payments in the months in which these materials are used in the works.

50.2 The Contractor is to use the advance payment only to pay for, Plant, Materials and mobilization expenses required specifically for execution of the Contract.

50.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. All advances shall be recovered when eighty percent (80%) of the contract is executed. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses or Liquidated Damages.

51. Securities 51.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in the SCC by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable. The Performance Security shall be valid until a date 30 days from the date of issue of the Certificate of Completion.

51.2 Following the successful completion of the Contract, the Employer shall return the Performance Security to the Contractor within 14 days of receipt of the Certificate of Completion.

51.3 The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract in the event of:

(a) failure by the Contractor to extend the valid ity of the Performance Security as described in the preceding paragraph, i n which event the Employer may claim the full amount of the Perfo rmance Security.

(b) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under Clause 43 [payments ] or Clause 62 [payment upon Termination ], within 42 days after this agreement or determination,

(c) circumstances which entitle the Employer to terminate the contract under Clause 58 [Termination ], irrespective of whether notice of termination has been given.

52. Dayworks 52.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used

for small additional amounts of work only when the Project Manager has given written instructions in advance for additional work to be paid for in that way.

52.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager. Each

Section V: General Conditions of Contract 60

completed form shall be verified and signed by the Project Manager within 2 days of the work being done.

52.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms and at the rate quoted for Dayworks.

53. Cost of Repairs 53.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

E. Completion of the Contract

54. Completion 54.1 The Contractor shall request the Project Manager to issue a Certificate

of Completion of the Works, and the Project Manager shall do so upon deciding that the work is completed.

55. Taking Over 55.1 The Employer shall take over the Site and the Works and shall issue the completion Certificate within 7 days of taking over. The completion certificate shall include the following mandatory information:

i. Name of Contract firm ii. Name of Proprietor iii. CDB Registration No. iv. Trade License No. v. Contract Amount vi. Year of Completion vii. Award order No. with Date.

56. Final Account 56.1 The Contractor shall supply the Project Manager with a detailed

account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 30 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.

57. Operating and Maintenance Manuals

57.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the SCC.

57.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the SCC, or they do not receive the Project Manager’s approval, the Project Manager shall withhold the amount stated in the SCC from payments due to the Contractor.

58. Termination 58.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

58.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:

(a) the Contractor stops work for 30 days when no stoppage of work

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is shown on the current Program and the stoppage has not been authorized by the Project Manager;

(b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 30 days;

(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;

(d) The Contractor fails to employ the personnel proposed in the Bid document pursuant to Qualification Information Paragraph 1.5,

(e) a payment certified by the Project Manager is not paid by the Employer to the Contractor within 84 days of the date of the Project Manager’s certificate;

(f) the Project Manager gives notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager;

(g) the Contractor does not maintain a security, which is required;

(h) the Contractor subcontracts any or whole of the Works without the approval of the Employer;

(i) the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the SCC; and

(k) in case of joint venture any or all parties fail to fulfill the contractual obligations.

58.3 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under GCC Sub-Clause 58.2 above, the Project Manager shall decide whether the breach is fundamental or not.

58.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.

58.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.

59. Corrupt or Fraudulent Practices

59.1 If the Employer determines that the Contractor has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for or in executing the Contract then the Employer may, after giving 14 days notice to the Contractor, terminate the Contractor's employment under the Contract and expel him from the Site, and the provisions of GCC Sub-Clause 59.5 shall apply.

59.2 Should any employee of the Contractor be determined to have engaged in corrupt, fraudulent, collusive, coercive or obstructive practice during the execution of the Works, then that employee shall be removed in accordance with GCC Sub-Clause 10.2

59.3 For the purposes of this Sub-Clause:

Section V: General Conditions of Contract 62

(a) “corrupt practice”27 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value28 to influence improperly the actions of another party;

(b) “fraudulent practice”29 is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(c) “collusive practice”30 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

(d) “coercive practice”31 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(e) “obstructive practice” is

(i) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order materially to impede any investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(ii) acts intended materially to impede the exercise of the inspection and audit rights of the Employer and/or any other relevant RGoB agency provided for under GCC Clause 23.

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of work not completed, as indicated in the SCC. Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable

27 “another party” refers to a public official acting in relation to the procurement process or contract execution. In this

context, “public official” includes staff and employees of other organizations (including any institutions providing finance for the Works) taking or reviewing procurement decisions.

28 “anything of value” includes, but is not limited to, any gift, loan, fee, commission, valuable security or other asset or interest in an asset; any office, employment or contract; any payment, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; any other services, favour or advantage, including protection from any penalty or disability incurred or apprehended or from any action or proceeding of a disciplinary or penal nature, whether or not already instituted and including the exercise or the forbearance from the exercise of any right or any official power or duty.

29 a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.

30 “parties” refers to participants in the procurement process (including public officials) and an “improper purpose” includes attempting to establish bid prices at artificial, non competitive levels.

31 a “party” refers to a participant in the procurement process or contract execution.

Section V: General Conditions of Contract 63

by the Contractor to the Employer.

60.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.

61. Property 61.1 If the contract is terminated by the Employer because of the contractors default, then, the contractor shall not be allowed to remove any materials on the Site, Plant, and Temporary Works until the matter is amicably resolved.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

Section VII: Specifications and Performance Requirements 64

Section VI. Special Conditions of Contract

A. General

GCC 1.1 (o) The Employer is Executive Engineer, Phuentsholing Field Division, Department of

Roads, Phuentsholing.

GCC 1.1 (r) The Intended Completion Date for the whole of the Works shall be 4.5 months from the date of contract signing.

GCC 1.1 (v) The Project Manager is Mr. Kado Drukpa

GCC 1.1 (y) The Site is located between Km 4-10.5 on Halhaley-Dorokha road and sample drawings are attached.

GCC 1.1 (bb) The Start Date shall be January 25,2012.

GCC 1.1 (ff ) The Works consist of laying sub base, base course and construction of permanent structures.

GCC 2.2 Sectional Completions are: Not applicable

GCC 2.3 (9) The following documents also form part of the Contract:

Schedule of Other Contractors (GCC 9)

Schedule of Key Personnel (GCC 10)

GCC 3.1 The language of the contract is English.

The law that applies to the Contract is the law of the Kingdom of Bhutan.

GCC 9.1 Schedule of other contractors: All other contractors working under the project area.

GCC 10.1 Key Personnel: Project Manager (1 No.), Project Engineer (2 No.), Site supervisors (2 Nos.), Lab. Technician – 1 No.

The amount to be deducted for the key personnel not employed by the contractor for each personnel is Nu. 30,000.00.

The amount to be deducted for the equipments not available at site is Nu. 50,000.00.

GCC 14.1 ‘Contractor All Risk Insurance Policy’ shall be applicable.

GCC 15.1 Queries. [list if appropriate]

GCC 21.1 The Site Possession Date(s) shall be: January 25, 2012.

GCC 25.2 Not applicable

GCC 25.3 Construction Development Board (CDB) or other Independent Agency:

GCC Sub-Clause 24.3—All disputes arising in connection with the present Contract shall be finally resolved by arbitration in accordance with the rules and procedures of the CDB or any other independent agency that has been

Section V: General Conditions of Contract 65

appropriately mandated at the time of submission of the dispute through its National Arbitration Committee. The arbitration award shall be final on the parties who shall be deemed to have accepted to carry out the resulting award without delay and to have waived their right to any form of appeal insofar as such waiver can validly be made.

The place of arbitration shall be: Thimphu, Bhutan.

GCC 26.1 Not applicable

B. Time Control

GCC 27.1 The Contractor shall submit for approval a Program for the Works within 10 days from the date of the Letter of Acceptance.

The Program shall include, but not be limited to, the following elements under the conditions stipulated:

(a) Quality Assurance Plan (QAP)

The Quality Assurance Plan shall specify the work methodology, quality control tests and intervals for such tests in accordance with the work specifications for each item of the Works. If in the opinion of the Project Manager the QAP submitted by the Contractor does not fully represent the spirit of the General Conditions of Contract or the Specifications he may seek further clarification from the Contractor before his approval. The Contractor shall strictly follow the QAP in the execution of the Works. If the Contractor does not comply with the QAP, he shall not be allowed to proceed further with the Works. Details of all procedures and compliance documents shall be submitted to the Project Manager for information before each execution stage is commenced. Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the contract.

GCC 27.3 The period between Program updates is 30 days.

The amount to be withheld for late submission of an updated Program is Nu.10,000.00.

C. Quality Control

GCC 35.1 The Defects Liability Period is: 365 days.

D. Cost Control

GCC 44.1 (l) Other Compensation Events are: None

GCC 45.1 In case of certain Tax exemptions, such as in foreign assistance projects, this specific exemption(s) should be clearly specified in this clause.

GCC 47.1 The Contract is not subject to price adjustment in accordance with GCC Clause 47.

GCC 48.1 The proportion of payments retained is: 10%.

GCC 49.1 The liquidated damages for the whole of the Works are 0.1% of final contract price per day. The maximum amount of liquidated damages for the whole of the Works is

Section V: General Conditions of Contract 66

10% of the final Contract Price.

GCC 50.1 The Mobilization Advance Payment shall be ten percent (10%) of the Contract Price and shall be paid to the Contractor no later than 30 days after receipt by the Employer of an acceptable Advance Payment Guarantee.

GCC 50.2 The secured advance is 75% of the assessed value of materials at site.

GCC 51.1 The Performance Security amount is ten percent (10%) of the Contract Price, denominated in the types and proportions of the currencies in which the Contract Price is payable, or in a freely convertible currency acceptable to the Employer.

E. Finishing the Contract

GCC 57.1

Not applicable

GCC 57.2

Not applicable

GCC 58.2 (i) The maximum number of days is: 60 days

GCC 60.1 The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is 20%.

Section V: General Conditions of Contract 67

Section VII Specifications and Performance Requirem ents

(The technical specifications have been developed using the Specifications for Buildings & Road Works, 2009 published by SQCA the provisions of whi ch shall apply in case of disputes or ambiguities as the case may be). A General A1 Introduction These specifications cover the construction of the Works, as shown in the Bill of Quantities, Drawings and in the General Conditions of Contract, and shall be read in conjunction with all other contract and tender documents including the Environmental Codes of Practice. A2 Scope of Works The work to be carried out under the Contract is as specified in the contract data and drawings. All works shall be undertaken on the basis of an item rate contract. A3 Quality of Materials and Workmanship The materials and workmanship shall be of the best of their respective kinds and shall be to the approval of the Employer or his representative on Site, the Engineer. In reading these Specifications, the words to the approval of the Project Manager shall be deemed to be included in the description of all materials incorporated in the works, whether manufactured or natural, and in the description of all operations for the due execution of the works. For cement concrete works, the products from Penden Cement Authority Ltd.(PCAL) or Lhaki cement shall be used. If the value of work exceeds Nu. 4 million, cement can be lifted from an y PCAL depots or Lhaki cement agents .

All works or parts thereof shall be in accordance with the latest edition of the Indian Standards (IS), or International Standards Organisation (ISO) Specification and the RGoB Environmental Code of Practice (ECP) for Highways and Roads. The Contractor shall carry out modifications in the procedure of work, if found necessary, as directed by the Project Manager during inspection. Substandard quality of work shall be rectified/redone by the Contractor at his own cost, and defective work/material shall also be removed from the site of works by the Contractor at his own cost. The Project Manager may ask to carry out the Field/Laboratory tests mentioned in the specification and the cost of carrying out such tests which include equipment charges, tools, materials, labour and incidentals to perform tests and other operations of quality control according to the specification requirements shall be deemed to be incidental to the works and no extra payment shall be made for the same. Sampling and testing procedure to be used shall be approved by the Project Manager and his decision shall be final and binding on the contractor. A4 Equivalency of Standards and Codes Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to be furnished and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards that ensure a substantially equal or higher quality than the standards and codes specified will be accepted subject to the Project Manager’s prior review and written consent. Differences between the standards specified and the proposed alternative standards shall be fully described in writing by the Contractor and submitted to the Project Manager at least 28 days prior to the date when the Contractor desires the Project Manager’s consent. In the event of the Project Manager determines that such proposed deviations do not ensure substantially equal or higher quality, the Contractor shall comply with the standards specified in the documents.

Section VII: Specifications and Performance Requirements 68

All materials shall be of approved manufacture and origin, equal to sample and delivered to the site at least 28 days before they are required to be used in the works to enable the Contractor to take such samples as the Project Manager may require for testing or approval, and the Contractor shall provide any information required by the Project Manager as to the quality, weight, strength, constituents, description, etc., of the materials. No materials of any description shall be used without prior approval by the Project Manager and any condemned as unfit for use in the works, shall be removed immediately from the site by, and without recommendation to, the Contractor. Where specification for a particular item of work is not available, the relevant specification for that item from the current SQCA specification shall be followed. If the SQCA specification does not cover these items then the relevant IS codes shall be applicable. Where no reference is found in the above specifications for an item of work then sound engineering practice as decided by the Project Manager shall be applicable and the decision of the Project Manager in respect to all such matters relating to specifications shall be final and binding on the Contractor. A5 Temporary Roads and Traffic Control The Contractor shall provide, maintain, remove and bring back in original condition on completion all temporary roads, bridges and other work required for the construction of the works including access to quarries, borrow-pits, accommodation, etc. All temporary access facilities need to be kept trafficable (for 4WD vehicle) during the construction and liability period in order to enable DoR to monitor the construction activities and to assess maintenance requirements during the Defects Liability Period. The Contractor shall provide and allow in his rates for all necessary temporary traffic control signs, barricades, beacons, flagmen, lighting and watching required for the normal control of traffic. A6 Signboards The Contractor shall erect signboards in prominent positions adjacent to the works to the satisfaction of the Project Manager. The Signboards shall be yellow lettering on a red background, lettering in Capitals at least 40 mm high. Information displayed shall include the name of the contract and the client, scope of work etc. A7 Office for Contractor The Contractor shall construct an office near the works at the site to be approved by the Project Manager. The office shall be kept open all hours during which the work is in progress. The standard of the Contractor’s Office shall be at least as per drawings provided, the space and the size shall depend upon the Contractor’s requirement. Nothing extra shall be paid for this work, therefore the contractor shall keep this provision in his rates in the BoQ item for other works. Any notice to be given to or served upon the Contractor shall be deemed and taken to be effectually given or served upon by the delivery thereof at such office. A8 Environmental Management Plan The Contractor’s bid shall contain a detailed Environmental Management Plan, where the Contractor explains how the site shall be organised, how he shall proceed with the works, and how the activities shall be executed to comply fully with the rules explained in the RGoB Environmental Codes of Practice. Contractors should refer to the Environment Assessment while preparing the bids and implementing the works. A9 Resourced Workplan

Section VII: Specifications and Performance Requirements 69

The Contractor’s bid shall contain a resourced Workplan for the first two (2) months of the project, where the Contractor indicates how the work shall be achieved, and which plant items will be available for which activities. B Contractor Work / Labour Camp B1 Location of Camp The Contractor shall locate the Contractor Camp away from settlements, drinking water supply intakes, landslides or flood prone areas. This will help to avoid social conflicts and the pollution of such sites and places from oil and grease and unsanitary waste disposal. B2 Installation of Camp Prior to the installation of the Camp, the Project Manager must approve the camp site. When installing the camp, trees shall be protected as far as possible. Labourers must be provided with reasonable shelters, made of bamboo matting walls and CGI-sheet (or equivalent) roofing. The camps must be equipped with safe and adequate water supply, pit latrine and solid waste collection facilities. B3 Running of Camp No tree cuttings shall be allowed for cooking and heating except dead and fallen trees within the DoR corridor. Labourers must be provided with fuel in areas where the use of fuel wood is prohibited or where there is a shortage of fuel wood. Solid wastes must be collected (pit holes) and disposed off to safe places. Oil and grease from machines must be collected and removed from the site for recycling. All cement and concrete waste as well as bituminous materials must be disposed off in accordance with ECP and the Contractor’s EMP. C Excavation Work

C1 Earthwork in excavation in foundation trenches o r drains not exceeding 1.5 m in width and 10 sq.m in plan including dressing of sides & r amming of bottom, disposal of surplus excavated soil within 50m lead & 1.5m lift. All excavation operation shall include excavation and getting out the excavated matter. Getting out shall include throwing the excavated earth at least one metre or half the depth of excavation whichever is more, clear off the edge of excavation. The subsequent disposal of the excavated material shall either be as directed by the Engineer under a separate item or as included in this item disposal upto 50 meters lead. Excavation shall be dug out to the exact dimensions as shown in the drawing or as directed by the Engineer. Care shall be taken to cut the sides and bottom exactly to the required shape, slope and gradient, while carrying out excavation for drains work. The surface shall be dressed properly. If the excavation is done to a depth greater than that shown in the drawings or greater than that required by the Engineer, the excess depth shall be made good at the cost of the contractor with the stiff clay puddle at places where the drains are required to be pitched and with ordinary earth, properly watered and rammed, where the drains are not required to be pitched. In case the drain is required to be pitched, the back filling with clay puddle shall be done side by side as the pitching works proceeds. The brick pitched storm water drains shall be avoided as far as possible in filled up areas. Excavation in ordinary rock shall be carried out by crowbars, pickaxes or pneumatic drills. Blasting operations are generally not required in this case. If the contractor wishes to resort to blasting, he can do so with the permission of Engineer, but nothing extra will be paid to him on this account. Excavation in hard rock shall be done by chiseling where blasting operation is prohibited or is not applicable. In trenches or drains where blasting is not otherwise prohibited, the excavation in hard

Section VII: Specifications and Performance Requirements 70

rock shall be carried out by blasting in the first instance and finally by chiseling so as to obtain the correct section of the trench as per drawing. The blasting operation shall be strictly as per latest RGOB blasting manuals. Measurement: The length, breadth and depth shall be measured correct to 10 mm. The cubical contents shall be worked out to the nearest two places of decimal in cubic metres. Rate: The rates shall cover the cost for carrying out all the required excavation and banking operations including cost of labour, materials, equipment hired/owned, tools and plants, and incidentals necessary to complete the work. In case of rock, the rate shall also include the cost of all operations of blasting with explosive and accessories as mentioned above. Due protection and supporting shall be provided for the existing services like pipes, water mains and cables met within the course of excavation. Care shall be taken not to disturb electric and communication cables, and if necessary for removal it shall be arranged by the Engineer. C2 Filling of trenches, sides of foundations, under floors in ground floor etc. in layers exceeding 200mm using selected excavated earth incl uding consolidating each deposited layer by ramming, watering etc. within lead of 50m and lift of 1.50m Earth used for filling shall be free from stone, shingle or boulder not larger than 75 m in any direction, salts, organic or other foreign matter. Normally excavated earth from the same area shall be used for filling. However, if such earth contains deleterious material the same shall not be used. All clods of earth shall be broken or removed. The spaces around the foundation pipes and drains in trenches shall be cleared of all debris, brick bats etc. the filling shall be done in layers, not exceeding 200 mm in each layer. Each layer shall be watered, rammed and consolidated before the succeeding one is laid. Earth shall be rammed with iron rammers where feasible and with the butt-ends of crowbars where rammers cannot be used. Special care shall be taken that no damage is caused to the pipes, drains and masonry or concrete in the trenches, under floor etc. Measurements: The cubical contents of foundation concrete and masonry in foundation up to ground level shall be worked out and the same deducted from the cubical contents of earthwork in excavation foundation to arrive at eth quantity for filling sides of foundation. Rates: The rates shall cover the cost for carrying out all the required filling operations including cost of labour, materials, equipments hired/owned, tools and plants, and incidentals necessary to complete the work. D Cement Masonry Works D1 Providing and laying in position plain cement co ncrete 1:2:4 (1cement: 2sand: 4graded crushed rock, 20mm nominal size), excluding the cos t of centering and shuttering - All works upto plinth level. D2 Providing and laying in position plain cement co ncrete 1:3:6 (1cement:3sand:6graded crushed rock, 20mm nominal size), excluding the cos t of centering and shuttering - All works upto plinth level. D3 Providing and laying in position plain cement co ncrete 1:5:10 (1cement:5sand:10 graded crushed rock, 40mm nominal size), excluding the cost of centering and shuttering - All works upto plinth level. The entire concrete used in the work shall be laid gently (not thrown) in layers not exceeding 150mm

Section VII: Specifications and Performance Requirements 71

and shall be thoroughly vibrated by means of mechanical vibrators till a dense concrete is obtained. The Engineer may however relax the condition specifying use of mechanical vibrators at his discretion for certain items depending upon the thickness of the members and feasibility of vibrating the same and permit hand compaction. Hand compaction shall be done with the help of tamping rods so that concrete is thoroughly compacted and completely worked into the corners of the formwork. The layers of concrete shall be so placed that the bottom layer does not finally set before the top layer is placed. Compaction shall be completed before the initial setting starts i.e. within 30 minutes of addition of water to the dry mixture. For items where the vibrators are not to be used, it shall be the duty of the contractor to take the permission of the Engineer before the start of work. During cold weather, concreting shall not be done when the temperature falls below 4.5 o C. The concrete placed shall be protected against frost by suitable covering. Concrete damaged by frost shall be removed and work redone. Please see specifications relating to cold weather concreting Reinforced Cement Concrete. During hot weather, precautions shall be taken to see that the temperature of wet concrete does not exceed 38 o C. When the placing of concrete is suspended, necessary removal of laitance and roughening the surface for jointing future work shall be done before the concrete sets. When the work is resumed the previous work must be thoroughly cleaned, roughened, watered and a grout of neat cement slurry of the proportion, 1Kg of cement per 2 litres of water applied uniformly. Curing: Green work shall be protected from rain by suitable covering. The work should also be protected from damage and rain during construction. After the concrete has begun to harden i.e. about 1 to 2 hours after its laying, it shall be protected with moist gunny bags, sand or any other material approved by the Engineer against quick drying. After 24 hours of laying of concrete, the surface shall be cured by flooding with water of minimum 25mm depth, or by covering with wet absorbent materials. The curing shall be done for a minimum period of 14 days. In special cases, curing may have to be done for more number of days as required by the Engineer. Over the foundation concrete, the masonry work may be started after 48 hours of its laying, but the curing of cement concrete shall be continued along with the masonry work for a minimum period of 14 days. Where cement concrete is used as sub-grade for flooring, the flooring may be commenced before the curing period of sub-grade is over but the curing of sub-grade shall be continued along with the top layer of flooring for a minimum period of 14 days. The water used for curing shall not produce any objectionable stains or unsightly deposit on concrete surface. In special circumstances and locations curing by other means such as sealing material insulating blankets etc. may be adopted with the specific prior approval of the Engineer. The minimum compressive strength of mix 1:1.5:3 and 1:2:4 shall be as follows:

Mix Compressive strength in kg/sq.cm At 28 days

At 7 days At 28 days 1:1.5:3 175 265 1:2:4 140 210

Measurement: The under the following categories shall be measured separately. (a) From foundation to plinth level. (b) From plinth level to floor 5 level. (c) From floor 5 level and so on.

Section VII: Specifications and Performance Requirements 72

Concrete work in the parapet shall be measured together with the corresponding work in the wall of the storey next below. Cast-in-situ concrete shall be classified and measured under one of the items given above. Length and breadth shall be measured correct to a 10 mm. The thickness of slab, partitions, etc. and the like shall be measured correct to the nearest 5 mm. The consolidated cubical contents shall be calculated net nearest to 0.01 cu.m. Concrete laid in excess, of the sections shown in the drawing unless directed by the Engineer shall not be measured. No deduction shall be made for the following: (a) Ends of dissimilar materials (e.g.joints, beams, posts, girders, rafters, purlins, trusses, corbels, steps etc.). upto 500 sq. cm section. (b) Opening upto 0.1 m2 or as specified. (c) Volume occupied by pipes, conduits, sheathing etc. not exceeding 100 sq. cm each in cross sectional area. (d) Volume occupied by reinforcement; Rate: The rate shall cover the cost for carrying out the required operations including cost of labour, materials, equipment hired/owned, tools and plants, and incidental necessary to complete the work. E Stone Masonry Works E1 Providing and laying hand packed stone filling o r soling with stones. Stones as obtained from the quarry shall be packed with their broader surface as base. The packing shall be as dense as possible and the interstice shall be filled with small stones. The height of stones shall be as per the thickness of soling required. The stones shall be arranged neatly and the joints shall be as thin as possible. Measurement: The length, breadth and height shall be measured correct to 10 mm and the volume calculated correct to 0.01 cum. Rate: The rate shall include the materials and labour involved in all operations described above. E2 Providing and laying Random Rubble Masonry with hard stone in foundation and plinth in cement mortar 1:6. Dressing: Stones shall be hammer dressed, on the face, the sides and the beds, to enable to come into close proximity with the neighbouring stone. The bushing in the face shall not project more than 4 cm in exposed face, and one cm. on a face to be plastered. The hammer dressed stone shall have a rough tooling for a minimum width of 2.5cm along the four edges of the face of stone. Laying: Every stone shall be carefully fitted to the adjacent stones, so as to form neat and close joints. Stones may be brought to level courses at plinth, windowsills and roof level. Leveling up at plinth level, window sills and roof level shall be done with concrete comprising of one part of the mortar as used for the masonry and two parts of graded stone aggregate of 20mm nominal size and shall be-included in the items. The bond shall be obtained by fitting in closely, the adjacent stones and by using bond-stones. Face stones shall extend and bond well into the backing. These shall be arranged to-break joints as much as possible, and to avoid long vertical lines of joints. The hearting or interior filling of the wall shall consist of rubble stones, which may be of any-shape but shall not pass through a circular ring of 15 cm. inner diameter, thickness of these stones in any direction shall not be less than 10 cm. These shall be carefully laid, hammered down with a wooden mallet into position and solidly bedded in mortar, chips and spalls of stone being used wherever necessary to avoid thick mortar beds or joints and at the same time ensuring that no hollow spaces are left anywhere in the masonry. The hearting will be laid neatly level with facing and backing except

Section VII: Specifications and Performance Requirements 73

that at about one metre intervals, vertical ‘Plumb’ projecting about 15 cm. to 20 cm. shall be firmly embedded to form a bond between successive courses. The chips shall not be used below the hearting stone to bring these upto the level of face of stones. The use of chips shall be restricted to the filling of interstices between the adjacent stones in hearting, and then shall not exceed 20% of the quantity of stone masonry. The masonry in a structure shall be carried out regularly. Where the masonry of one part has to be delayed the work shall be raked back at an angle not steeper than 45oC. Bond stone: The bondstones to be used should be precasted at site. Bond or through stones running right through the thickness of walls, shall be provided in walls upto 60 cm. thick and in case of walls above 60 cm. thickness, a set of two or more bond stones overlapping each other by at least 15 cm. shall be provided in a line from face to back. In case of highly absorbent types of stones (porous lime stone & sand stone etc.) the bond stone shall extend about two-third into the wall. Through stones in such cases may give rise to damp penetrations therefore, for all thickness of such walls, a set of two or more bond stones overlapping- each other by at least 15 cm. shall be provided. Where bond stone of suitable lengths are not available cement concrete block of 1:3:6 mix (1cement:3coarse sand: 6 graded stone aggregate, 20 mm nominal size) conforming to sizes mentioned above shall be used. At least one bond stone or a set of bond stones shall be provided for every 0.5 sq.m. of the wall surface. All bond stones in stone masonry shall be marked suitably as directed by the Engineer-in- charge. In addition weep holes of PVC pipes at suitable intervals should be provided. Quoins or corner stone: The quoins shall be of selected stones neatly dressed with the hammer and/ or chisel to form the required angle, and laid header and stretcher alternately. The length of these stones shall be 45 cm. or more and at least 25% of the stones shall be 50 cm or more in length. Jambs: Stones used for jambs shall be similar to those in quoin, except the length of the stem, which shall be 45 cm thickness of the wall whichever is less. Joints: Stones shall be so laid that all joints are fully packed with mortar and chips. Face joints shall not be thicker than 20 cm. When plastering or pointing is not required to be done, the joints shall be struck flush and finished at the time of laying. Otherwise, the joints shall be raked to a minimum depth of 20 mm by raking tool during the progress of work, when the mortar is still green. Scaffolding: Single scaffolding having one set of vertical support shall be allowed. The support shall be sound and string tied together by horizontal pieces, over which the scaffolding planks shall be fixed. The inner end of the horizontal scaffolding member may rest in a hole provided in the masonry. Such holes, however, shall not be allowed in pillar less than one metre in width or near the skew- back of arches. The holes left in masonry work for supporting scaffolding shall be filled and made good with cement concrete 1:3:6 (1cement: 3 coarse sand: 6 stone aggregate, 20mm nominal size). Curing: Masonry work in cement or composite mortar shall be kept constantly moist on all face for a minimum period of seven days. In case of masonry with fat-lime mortar, curing shall commence two days after laying of masonry and shall continue for at least seven days thereafter. Protection: Green work shall be protected from rain by suitable covering. The work shall also be suitably protected from damage, mortar dropping and rain during construction. Measurement: The length, height and thickness shall be measured correct to 10 mm. The thickness of wall shall be measured at joints, excluding the bushings. Only specified dimensions shall be

Section VII: Specifications and Performance Requirements 74

allowed; anything extra shall be ignored. The quantity shall be calculated in cubic metre nearest to two places of decimal. The work under the following categories shall be measured separately: (i) From foundation to plinth level. (a) Work in or under water and/or liquid mud (b) Work in or under foul positions. (ii) From plinth level to floor two level. (iii) From floor two level to floor three level and so on. (iv) Stone masonry in parapet shall be measured together with the corresponding item in the wall of the storey next below. No deduction shall be made nor extra payment made for the following: (i) Ends of dissimilar materials (i.e. joists, beams, lintels, posts, girders, rafters, purlins, trusses, corbels, steps, etc.) upto 0.10 sq.m in section. (ii) Openings each upto 0.1 sq.m. in area. In calculating the area of opening, any separate lintels or sills shall be included along with the size of the openings but the end portions of the lintels shall be included and the extra width of rebated reveals, if any , shall also be excluded. (iii) Wall plates and bed plates, and bearing of chajjas and the like, where the thickness does not exceed 10 cm. and the bearing does not extend over the full thickness of the wall. Note: The bearing of floor and roof slabs shall be deducted from wall masonry. (iv) Drain holes and recesses for cement concrete blocks, to embed holdfasts for doors, windows etc. (v) Building in the masonry iron fixture, pipes up to 300 mm dia. hold fasts of doors and windows. (vi) Forming chases in masonry each up to section of 350 sq. cm. Masonry (excluding fix brick work) in chimney breasts, chimney stacks, smoke or air flues upto 0.20 sq.m. in sectional area, shall be measured as solid and no extra payment shall be made for par getting and coring such flues. Where flues exceed 0.20 sq.m sectional area, deduction shall be made for the same par getting and coring flues paid for separately. Apertures for fireplaces shall not be deducted and extra labour shall not be measured for splaying of jambs throating and making arch to support the opening. Square or Rectangular Pillars: These shall be measured as walls, but extra payment shall be allowed for stone work in square or rectangular pillars over the rate for stone work in walls. Rectangular pillar shall mean a detached masonry support rectangular in section, such that its breadth does not exceed three times the thickness. Circular Pillars (Columns): These shall be measured as per actual dimensions, but extra payment shall be allowed for stone work in circular pillars over the rate for stone work in walls. The diameter as well as length shall be measured correct to a cm. Tapered walls, shall be measured net, as per actual dimensions and paid for as other walls. Curved Masonry: Stone masonry curved on plan to a mean radius exceeding 6 metres shall be measured net and included with general stonework. Stone work circular on plan to a mean radius not exceeding 6 metres shall be measured separately, and shall include all cuttings and waste and templates. It shall be measured as the mean length of the wall. Rate: The rate shall include the cost of materials and labour required for all the operations described above and shall include the following: (a) Raking out joints for plastering or painting done as a separate item, or finishing flush

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as the work proceeds. (b) Preparing tops and sides of existing walls, for raising and extending. (c) Rough cutting and waste for forming gables, cores, skewbacks, and spandrels of

arches,splays and eaves and all rough cutting unless or otherwise specified. (d) Bond Stones or cement bond blocks. (e) Leaving and making holes for pipes etc. (e) Bedding and pointing wall plates, lintels, sills etc. in or on walls, bedding roof tiles and

corrugated sheets in or walls. (g) Building in ends of joints, beams, lintels, etc. and making good; and (h) Opening and flues for which no deduction is made. E3 Dry hand packed Rubble masonry hammer dr essed (Facing) with stone boulder > 0.04Cu.m Stones as obtained from the quarry shall be used without dressing. The size of the stones shall be such that each is not less than .04 cum. Masonry courses shall be normal to-face batter. Each course shall be laid after spreading earth or stone dust. About half of the stone shall tail into the wall by twice their height, and their height shall not be less than 200 mm. Measurements: The length, breadth and height shall be measured correct to 10 mm. and the volume calculated correct to 0.01 cum. F RCC Works F1 Providing and fixing centering and shuttering in cluding strutting, propping etc. and removal of formwork. RC0003- In buttress, pilasters etc RC0090- In Foundation and plinth RC0093- in columns, pillars, post, strut etc. RC0095-Suspended floor, roof, landings, shelves and their supports, balconies, chajjas etc. Propping and centering: Props used for centering shall be of steel, timber posts, ballies or any other material approved by Engineer. Use of brick masonry pillars in mud mortar shall also be permissible. In no case ballies shall be of diameter less than 100mm measured at mid length and 80mm at thin end. Maximum permissible spacing shall be 1.2.m center to center. Ballies shall rest squarely on wooden sole plates of 40mm thickness and minimum bearing area of 0.1 sq.m laid either on ground or on 40 x 40cm brick masonry pillars in mud mortar of height not exceeding 40 cm. Double wedges shall further be provided between the sole plates and the wooden props so as to facilitate tightening and easing of shuttering without jarring the concrete. In case brick masonry pillars of adequate section are used instead of props, wooden sole plates shall be provided at the top of the pillars and double wedges inserted between the sole plate and the bottom of shuttering. Formwork and concreting of upper floor shall not be done until concrete of lower floor has set for atleast 28 days. In case of balconies and cantilever beams, coming one above the other, the members being cast shall be supported by props on two floors below the floor where initial supporting has been done. Ballies shall rest squarely on wooden sole plates of 40mm thickness and with minimum bearing area of 0.1 sq.m. The details of formwork stated above shall be applicable for spans of 4.5m and height upto 3.50 metres. In case any of these limits is exceeded the formwork shall be properly designed for the self-weight, weight of reinforcement, weight of fresh concrete, various live loads imposed during the construction process (such as workmen and equipment). Dumping of concrete, movement of construction equipment and action of the wind may produce lateral forces which must be resisted by the formwork to prevent lateral failure for which suitable horizontal as well as diagonal bracings shall be provided. The permissible stresses in bending, buckling load of props, permissible deflection of shuttering should not be exceeded.

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In case the height of centering exceeds 3.50 metres, the props may be provided in multi-stages. Before the concreting is started, the props and wedges shall be thoroughly checked to see that these are intact, and take suitable action incase these are loose. While the concreting is in progress, at least one carpenter shall be readily available at the site. The carpenter shall keep a constant watch on the props and take immediate remedial measures, as soon as any of these get loosened. Care shall be taken that props and wedges do not get loose for a minimum period specified in table below. Shuttering: The shuttering shall have smooth and even surface and the joints shall not permit leakage of cement grout. Timber used shall be well seasoned, free from loose knots, projecting nails, splits or other defects that may mark the cement surface of concrete. It shall not be so dry as to absorb water from concrete ad swell and bulge, or so green or wet as to shrink after erection. Species of timber that are not affected appreciably by its contact with water shall be used. The timber shall be accurately sawn and planed on the sides and surface coming in contact with concrete. For exposed concrete faces, timber for shuttering shall be wrought on all faces in contact with concrete. Wooden formwork with metal sheet lining or steel plates stiffened by steel angles shall also be permitted. Where metal forms are used, all bolts and nuts shall be countersunk and well ground to provide a smooth plane surface. The chamfers, beveled edges and mouldings shall be made in the formwork itself. Opening for fan clamps and other fittings connected with services shall be provided in the shuttering as directed by the Engineer-in-charge. As far as practicable, clamps shall be used to hold the form together. Where use of nails is unavoidable minimum number of nails shall be used and these shall be left projecting so that they can be easily withdrawn. Use of double head nails shall be preferred. Surface Treatment for Shuttering: The surface of timber shuttering that would come in contact with concrete shall be well wetted and coated with soap solution, raw linseed oil, form oil of approved manufacture or any other approved material (such as polythene/polyethylene sheets), to prevent adhesion of concrete to form work. Soap solution, for the purpose shall be prepared by dissolving yellow soap in water to get the consistency of paint. Inside surfaces of forms shall be thoroughly cleaned before application of any of the materials mentioned above. Release agents shall be applied strictly in accordance with the manufacturers’ instructions and shall not be allowed to come in contact with any reinforcement. Re-use of shuttering will be permitted only after the inside surface has been thoroughly cleaned in the manner described above. Contractor shall give the Engineer due notice before placing any concrete in the forms to permit him to inspect and accept the form work as to its strength alignment and general fitness, but such inspection shall not relieve the contractor of his responsibility for safety of workman, machinery, materials and for results obtained. Camber: Suitable camber shall be provided in horizontal members of structures, especially in long spans to counteract the effects of deflection. The formwork shall be so assembled as to provide for such camber. The camber for beams and slabs shall be 4 mm per metre or as directed by the Engineer, so as to offset the subsequent deflection. For cantilevers, the camber at free end shall be 1/50th of the projected length or as directed by the Engineer. Special formwork: For special type of work-locations like tall structures etc. use of special types of formwork like moving or climbing forms shall be permitted. The details of such formworks along with the sequence of working shall be got approved from the Engineer before erection. Removal of Form Work: No formwork or any part thereof shall be removed without prior approval of the Engineer. The formwork shall be so removed as not to cause any damage to concrete due to shock or vibration. In a slab and beam construction, sides of beam shall be stripped first, then the under sides of slab and lastly the underside of the beam. Formwork must be so designed that they can be stripped in the order required i.e. (a) Shutters to vertical (non load bearing) faces e.g. column boxes, beams sides, wall forms,

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(b) Shutters forming soffits to slabs, horizontal and inclined which carry only light load, e.g. slabs, roof, floors and canopies etc. (c) Soffit shutters carrying heavy load e.g. beam and girder bottoms. The whole of the formwork should be planned and a definite scheme of operation worked out. In no circumstances should forms be struck until the concrete reaches strength of at least twice the stress to which the concrete may be subjected at the time of striking. Where possible the from work should be left longer as it would assist curing. Forms should be eased carefully in order to prevent the load being suddenly transferred to concrete. The period that shall elapse after the concrete has been laid, before easing and removal of centering and shuttering is under taken shall be as given in table below:

Type of Formwork Minimum period before striking

Vertical formwork to columns, walls and beams 16-24 h

Soffit formwork to slabs (props to be refixed immediately after removal of formwork)

3 days

Soffit formwork to beams (props to be refixed immediately after removal of formwork )

7 days

Props to slabs spanning upto 4.5 m 7 days Props to slabs spanning over 4.5 m 14 days Props to beams and arches spanning upto 6 m 14 days

Props to beams and arches spanning over 6 m 21 days

Note 1: For rapid hardening cement, 3/7 of the above periods will be sufficient in all cases, except for vertical sides of slabs, beams and columns which should be retained for atleast 24 hours. Note 2: In case of cantilever slabs and beams, the centering shall remain till structures for counter acting or bearing down have been erected and have attained sufficient strength. Note 3: Proper precaution should be taken to allow for the decrease in the rate of hardening that occurs with all cements in cold weather. Note 4: Work damaged through premature or careless removal of forms shall be reconstructed Measurement: Where it is stipulated that the formwork shall be paid separately, measurement will be taken of the area of shuttering in contact with the concrete surface. Dimensions of formwork shall be measured correct to 10 mm. The measurements shall be taken separately under each of the items mentioned above. Centering and shuttering exceeding 3.5 metres height in one floor shall be measured and paid for separately. Where it is not specifically stated in the description of the item that formwork shall be paid for separately, the rate of the R.C.C. item shall be deemed to include the cost of formwork. No deductions from the shuttering due to openings/ obstructions shall be made if area of such openings/obstructions does not exceed 0.1 sq.m. Nothing extra shall be paid for forming such openings. Rate: The rate of formwork includes the cost of labour, materials, tools and plant required for all the

Section VII: Specifications and Performance Requirements 78

operations described in this section including properly supporting the members until the concrete is cured, set and hardened as required. No separate payments shall be made for items such as from release agent, connections, provisions for openings and other items required for the completion of the work unless specified otherwise. F2 Providing and fixing, thermo-mechanically treate d reinforcement bar (Yield strength 500MPa) for R.C.C. work including cutting, bending and placing in position in complete. The type and grade of reinforcement to be used shall be as indicated on the drawings. Where this information is not given on the drawings, hot rolled deformed bars having yield strength of 415 mpa shall be used. Bars shall be bent cold (no heating shall be permitted), correctly to the size and shape as shown on the detailed drawings or as directed by the Engineer. Preferably, bars of full length shall be used and within the following tolerances: Dimension Tolerance. Length of straight bars ± 25 mm Location of splices ± 50 mm Length of lap splices ± 50 mm Minimum clear cover shall be as indicated on the drawings. Where cover is not indicated on the drawings, it shall be in accordance with the following: Location Clear cover Slabs 20 mm Beams – main reinforcement 30 mm Beams – stirrups 20 mm Columns – main reinforcement 40 mm Column – ties 20 mm Footings 75 mm Overlapping of bars shall be as indicated in the drawings. The overlapping bars shall not touch each other and these shall be kept apart by 25 mm or 1.25 times the maximum size of the coarse aggregate whichever is greater, with concrete between them. But where this cannot be done, the overlapping shall be bound together at intervals not exceeding twice the dia. of such bars, with two strands of annealed steel wire of 0.90 mm to 1.6 mm thickness twisted tight. The overlaps shall be staggered for different bars and located at points, along the span, where neither shear nor bending moment is maximum. Where lap length is not explicitly shown on the drawings, the length shown in the following table shall be used: Bar Size. Lap length. 10 mm 300 mm 12 mm 350 mm 16 mm 600 mm 20 mm 900 mm 25 mm 1000 mm The ends of rods shall be bent in to semi circular hooks, having clear diameter equal to four times the diameter of the bar, with a length, beyond the bend equal to four times the diameter of the bar. End hooks may, however, not be provided for cold twisted, hot rolled and CRS bars. Note: Welding should not be used unless absolutely necessary. Reinforcement bar does not weld very well and the resulting splice can be a weak spot. Binding is better as welding can produce a reduction in strength as well.

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Reinforcement bars shall be placed in position as shown in the drawings. The bars crossing one another shall be tied together at every intersection with two strands of annealed steel wire 0.90 to 1.6 mm thickness twisted tight to make the skeleton of the steel work rigid so that the reinforcement does not get displaced during the deposition of concrete. The bars shall be kept in position by the following methods: (a) In case of beam and slab construction, pre-cast cover blocks in cement mortar 1:2 (cement: 2 coarse sand), about 4cm x 4cm section and of thickness equal to the specified cover shall be placed between the bars and shuttering, so as to secure and maintain the requisite cover of concrete over reinforcement. (b) In case of cantilevered and double layer reinforced beams or slabs, the vertical distance

between the horizontal bars shall be maintained by introducing chain spacers or support bars of steel at 1.0 metre or at shorter spacing to avoid sagging.

(c) In case of columns and walls, the vertical bars shall be kept in position by means of timber templates with slots accurately cut in them, or with block of cement mortar (1:2) suitably tied to the reinforcement. (d) In case of other R.C.C. structure such as arches, domes etc. cover blocks, spacers and templates shall be used as directed by the Engineer. Measurement: Reinforcement including authorized spacer bars and laps shall be measured in lengths of different diameters, as actually used in the work nearest to 10 mm and their weight calculated on the basis of standard tables. Wastage and un-authorized over laps shall not be paid for. Annealed steel wire required for binding or tack welding shall not be measured, its cost being included in the rate of reinforcement. Wherever welding is resorted to in lieu of over laps such welds shall be measured separately in members for different size of reinforcement. Rate: The rate for providing reinforcement shall include the cost of labour and materials as required for all operations described above except welding in lieu of over laps, which shall be paid for separately. No Separate payment will be made for concrete spacer blocks, timber templates, tie wire or any other accessories required for the performance of the work. F3 RC0010. 1:1.5:3 (1cement: 1.5 sand: 3 graded cr ushed rock, 20mm nominal size.) Providing and laying in position reinforced cement concrete work in plinth and skirting courses, fillets, columns, pillars, posts and strut s upto floor five level excluding the cost of centering, shuttering and reinforcement. F4 RC 0014. 1:1.5:3 (1cement:1.5sand:3 graded crus hed rock, 20mm nominal size) Providing and laying in position reinforced cement concrete work in suspended floor, roofs having slope upto 15 degrees, landings, balconies, shelves & chajjas upto floor five level excluding the cost of centering, shuttering & reinf orcement (slab) Concreting shall be commenced only after the Engineer has inspected the centering, shuttering and reinforcement as placed and passed the same. In case of concreting slab and beams; wooden plank or cat- walks supported directly on the centering by means of wooden blocks or logs shall be provided to convey the concrete to the place of deposition without disturbing the reinforcement in any way. Labour shall not be allowed to walk over the reinforcement. In case of columns and walls, it is desirable to place concrete without construction joints. The programme of connecting in the vertical direction shall be restricted to one metre per hour. The concrete shall be deposited in its final position in a manner to preclude segregation of ingredients. In deep trenches and footings, concrete shall be placed through chutes as directed by the Engineer. In case of columns and walls the shuttering shall be so adjusted that the vertical drop of concrete is not more than 1.5 meters at a time.

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Cold weather concreting: During cold weather, as a rule concreting shall not be done when the temperature falls below 4.5 oC. However in circumstances where it becomes necessary to deposit concrete at or near freezing temperatures, precautions shall be taken to ensure that at the time of placing it has a temperature of not less than 4.5 oC and that this temperature is maintained till the concrete is compacted and it is thoroughly hardened. When necessary, the ingredients shall be heated before mixing and concrete carefully protected after placing; in general heating mixing water alone to about 60 oC may be sufficient for this purpose. Dependence shall not be placed on salt or other chemicals for the prevention of freezing. (Use of calcium chloride to accelerate the rate of hardening is not permitted as it is considered harmful). Concrete placed shall be protected against frost by suitable covering. Concrete damaged by frost shall be removed and redone. Hot weather concreting: During hot weather, precaution shall be taken to see that the temperature of wet concrete does not exceed 38 o C. No concrete shall be laid within half an hour of the closing time of the day, unless permitted by the Engineer. It is necessary that the time between mixing and placing of concrete shall not exceed 30 minutes so that the initial setting process is not interfered with. Concrete shall be compacted into a dense mass immediately after placing, by means of mechanical vibrators designed for continuous operation. The Engineer may however, relax this condition at his discretion for certain items, depending on the thickness of members and feasibility of vibrating the same, and permit hand compaction instead. Hand compaction will be done with the help of tamping rods so that concrete is thoroughly compacted and completely worked around the reinforcement, embedded fixtures, and into corners of the formwork. The layers of concrete shall be so placed that the bottom layer does not finally set before the top layer is placed. The vibrators shall maintain the whole of concrete under treatment in an adequate state of agitation, such that de-aeration and effective compaction is attained at a rate commensurate with the supply of concrete from the mixers. The vibration shall continue during the whole period occupied by placing of concrete, the vibrators being adjusted so that the center of vibrations approximates to the center of the mass being placed at the time of compacting. Concrete shall be judged to be properly compacted, when the mortar fills the spaces between the coarse aggregate and begins to cream up to form an even surface. When this condition has been attained, the vibrator shall be stopped in case of vibrating tables and external vibrators. In case both internal and external vibrators are being used the internal vibrators shall be first withdrawn slowly after which the external vibrators shall be stopped so that no loose pocket is left in the body of the concrete. The specific instructions of the makers of the particular type of vibrator used shall be strictly complied with. Shaking of reinforcement for the purpose of compaction should be avoided. Compaction shall be completed before the initial setting starts, ie. within 30 minutes of addition of water to the dry mixture. Construction Joints: Concreting shall be carried out continuously upto the construction joints, the position and details of which shall be shown in Structural drawing or as indicated in this specification or as directed by the Engineer. Such joints shall be kept to the minimum and shall not be located in valleys. The joints shall be kept at places where the shear force is the minimum and these shall be straight and at right angles to the direction of main reinforcement. In case of columns, the joints shall be horizontal and minimum of 20 cm below the bottom of the beam running into the column head. The portion of the column between the stopping off level and the top of the slab shall be concreted with the beam. When stopping the concrete on a vertical plane in slabs and beams, an approved stop-board shall be placed with necessary slots for reinforcement bars or any other obstruction to pass the bars freely without bending. The construction joints shall be keyed by providing a triangular or trapezoidal fillet nailed on the stop-board. Inclined or feather joints shall not be permitted. Any concrete flowing through the joints of stop-board shall be removed soon after the initial set. When concrete is stopped on a horizontal plane, the surface shall be roughened

Section VII: Specifications and Performance Requirements 81

and cleaned after the initial set. When the work has to be resumed, the joint shall be thoroughly cleaned with wire brush and loose particles removed. A coat of neat cement slurry at the rate of 2.75 kg of cement per square metre shall then be applied on the roughened surface before the fresh concrete is laid. Expansion Joint: Expansion joints shall be provided as shown in the structural drawings or as indicated in this specification or as directed by the Engineer including all formwork and labour necessary to form. Curing: After the concrete has begun to harden i.e. about 1 to 2 hours after it’s laying, it shall be protected from quick drying with moist gunny bags, sand or any other material approved by the Engineer. After 24 hours of laying of concrete, the surface shall be cured by flooding with water of minimum of 25 mm depth, or by covering with wet absorbent material. The curing shall be done for a minimum period of 14 days. In case of roof slabs, the top surface shall be finished even and smooth with wooden trowel, before the concrete begins to set. Immediately on removal of forms, the Engineer shall examine the R.C.C. work before any defects are made good such as: The work has sagged or contains honeycombing to an extent detrimental to structural safety or architectural concept shall be rejected. Surface defect of a minor nature may be accepted. On acceptance of such work by the Engineer, the same shall be rectified as follows: Surface defects which require repair when forms are removed usually consist of bulges due to movement of forms, ridges at form joints, honeycombed areas, damage resulting from the stripping of forms, and bolt holes. Bulges and ridges are to be removed by careful shipping or tooling and the surface is then rubbed with a grinding stone. Honey combed and other defective areas must be chipped out , the edges being cut as straight as possible and perpendicularly to the surface, or preferably slightly undercut to provide a key at the edge of the patch. Shallow patches are first treated with a coat of thin grout composed of one part of cement and one part of sand and then filled with mortar similar to that used in the concrete. The mortar is placed in layer not more than 10mm thick and each layer is given scratch finish to secure bond with the succeeding layer. The last layer is finished to match the surrounding concrete by floating, rubbing, or rooting on formed surfaces by pressing the form material against the patch while the mortar is still plastic. Large and deep patches require filling up with concrete held in place by forms. Such patches are reinforced and carefully dowelled to the hardened concrete. Holes left by bolts are filled with mortar carefully packed into place in small amounts. The mortar is mixed as dry as possible with just enough water so that it will be tightly compacted when forced into place. Tiered holes extending right through the concrete may be filled with mortar with a pressure gun similar to the gun used for greasing motorcars. Normally, patches appear darker than the surrounding concrete, possibly owing to the presence on their surface of less cement laitance. Where uniform surface colour is important, this effect shall be remedied by adding 10 to 20 percent of white Portland cement to the patching mortar, the exact quantity being determined by trail.

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The same amount of care to cure the materials in the patches should be taken as with the whole structure. Curing must be started, as soon as possible, after the patch is finished to prevent early drying. Damp Hessian may be used but in some locations it may be difficult to hold it in place. A membrane-curing compound in these cases will come in most convenient. The surface, which is to receive plaster or where it is to be jointed with brick masonry wall, shall be properly roughened immediately after the shuttering is removed, taking care to remove the laitance completely without disturbing the concrete. The roughening shall be done by hacking. Before the surface is plastered it shall be cleaned and wetted so as to give good bond between concrete and plaster. The R.C.C. work shall be done carefully so that the thickness of plaster required for finishing the surface is not more than 6 mm. The surface of R.C.C. slab on which the cement concrete or mosaic floor is to be laid shall be roughened with brushes while the concrete is green. This shall be done carefully without disturbing the concrete. Grades of Concrete: A minimum characteristic cube strength at 28 days of 20 N/mm2 is required for RCC members. Further to this, the concrete making materials shall be purchased from a specific source for all types of concrete works. The maximum nominal aggregate size is 20mm for all RCC works. The concrete shall be capable of being transported and readily compacted by internal vibrators into a dense impermeable mass without segregation, bleeding or plastic cracking. Subsequently, the concrete shall be durable and free from crazing, thermal cracks and drying shrinkage cracks. The slump shall be kept to the minimum compatible with approved placing and compacting requirements, but in no case shall the concrete be placed at a slump of more than 100mm or less than 40mm, determined in accordance with IS: 516-1959. The recommended slump values are provided in Table below. Recommended slump values. Types of work With vibrators Without

vibrators Mass concrete, large sections, roads, walls, foundations, footings, sub-structures and other heavy sections

10-25 mm 80 mm

Thin sections such as slabs, beams, columns, simply reinforced.

25-40 mm 100-125 mm

Thin RCC sections or sections with congested steel 40-50 mm 125-150 mm Mixing of Concrete: Concrete shall be weight batched or volume batched and mixed in an approved mixing machine fitted with an approved water metering device. The weight or volumes of cement and each size of aggregate as indicated by the mechanisms employed shall be within a tolerance of +/-3% of the respective weights or volumes per batch agreed by the Project Manager. If weight batching is used, the weights of the fine and coarse aggregate shall be adjusted to allow for the free water contained in them. The water to be added to the mix shall then be reduced by the quantity of free water contained in the fine and coarse aggregates, which shall be determined by the Contractor by a method approved by the Project Manager immediately before mixing begins. Unless otherwise agreed by the Project Manager, concrete shall be mixed in a batch type mixer manufactured in accordance with IS: 1791-1968. Mixers which have been out of use more than 30 minutes shall be thoroughly cleaned before any fresh concrete is mixed in that machine. Mixing plant shall be thoroughly cleaned before changing from one type of mix to another or before changing from one manufacturer of cement to another.

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Controls shall be provided to ensure that no additional water can be added during mixing except with the approval of the Project Manager. The entire batch shall be discharged before the mixer is reached. In no case shall the mixing time be less than 11/2 minutes for a single batch. A concrete slab with adequate drainage shall be provided as a working platform unless alternative arrangements are specially permitted by the Project Manager in writing. The Contractor shall provide 100% extra concrete mixer capacity when batching concrete. Volume and Hand Batching of Concrete. Volume batching of materials and mixing of concrete will be allowed only for quantities less that 1.5m2 per location or at the discretion of the Project Manager. Hand mixing of concrete will be done on a close-boarded platform. The materials will be turned over not less than three time dry, water will then be sprayed on through a hose and the materials again turned over not less than three times in a wet condition and worked together until a mixture of uniform consistency is obtained. For hand-mixed concrete the specified quantities of cement will be increased by 10 percent and not more than 0.5 cum will be mixed at one time. Any concrete mixed by hand will be paid for at the appropriate rates for the grade of concrete inserted in the bill of quantities and no claim will be allowed in respect of any extra cost of hand mixing by reason of the additional cement or otherwise. Distribution and Placing of Concrete: The Contractor shall notify the Project Manager in writing 24 hours before pouring concrete, stating the times of pouring, and shall not commence pouring operations without his written approval of excavations, formwork, reinforcement, arrangements for plant and materials on site, installation of accessories, etc. Any concrete placed before obtaining such approval shall be rejected. The formwork or area of deposition shall be cleaned as specified. Constructional plant and materials required, or which may be required, during the concreting work and for curing shall be on site and fully prepared before concreting commences. All accessories shall be installed and formwork for holes, chases etc, shall be provided as specified. Only after all these preparations and other relevant requirements have been completed, the Project Manager shall issue written approval to place concrete. Concrete shall be transported, placed and spread by approved means and in such a way as to prevent segregation. Concrete with a temperature above 32oC or below 5oC or with a slump less than 40mm or more than 100mm shall be rejected. Concrete not placed within 30 minutes of adding water to the mix or before starting its initial set shall be rejected. Concrete shall be transported and compacted into a dense impermeable mass without segregation or bleeding or cracking to ensure that when hard it is durable, uncracked and uncrazed. Except where otherwise agreed by the Project Manager, concrete shall be deposited in horizontal layers to compacted depth not exceeding 400mm. Concrete shall be deposited as near as possible to its final position to avoid re-handling. Unless otherwise agreed by the Project Manager, concrete shall not be dropped into place from a height exceeding 2 metres. When trunks or chutes are used they shall be kept clean and used in such a way as to avoid segregation. The Contractor shall not place concrete in standing or running water.

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Concrete shall be deposited continuously. No concrete shall be placed against concrete which has hardened sufficiently to cause seams, planes of weakness or cold joint. If for unforeseen reasons it is necessary to stop concreting before completion of the pour then construction joints as specified shall be formed and further concreting shall be suspended for at least 24 hours unless otherwise approved in writing by the Project Manager. Cutting and chasing of hardened concrete shall not be permitted without the Project Manager's approval. The Contractor shall provide openings, mortices, chases, sleeves, etc. and fix bolts, anchors etc. in concrete as work proceeds and support embedded items against displacement. Items cast shall have all voids filled with readily removable materials to prevent concrete ingress. The Contractor shall clean and wet and then fill tie holes with patching mortar. When required by the Project Manager honeycombed and other defect concrete shall be cut back to sound concrete, with perpendicular or slightly under cut edges and shall be prepared in an approved manner. The Project Manager will reject any concrete which he considers to have been inadequately mixed or in which the ingredients have segregated or which is no longer capable of being effectively placed or compacted. All receptacles used for the transport and deposition of the concrete shall be kept clean and thoroughly washed out after stopping work and at the end of each shift. The Contractor shall obtain the Project Manager's permission before concreting in air shaded temperatures which exceed 30oC and shall take approved precautions to prevent early setting etc.(use admixtures, cool ingredients, continuously spray formwork with water, erect sunshades etc.) to ensure that the concrete temperature when placed does not exceed 32oC. The Contractor shall obtain the Project Manager's permission before concreting in air temperatures below 2oC and shall take approved precautions to ensure that the concrete temperature is not below 5oC. No concerting shall be carried out in heavy rain. Compaction: Concrete must be carefully and thoroughly compacted during placing to ensure that it completely surrounds the reinforcement, fills the formworks and excludes voids. All concrete shall be compacted by using internal vibrators. The size and type of vibrator must be approved by the Project Manager and they shall be used by operators experienced in their use. Concrete is to be vibrated for the minimum time necessary for thorough consolidation, and the Contractor shall ensure that excessive vibration, leading to segregation, is avoided. Care must be taken to ensure that the vibrator does not touch the reinforcement or formwork. Internal vibrators shall be of the immersion type with a frequency of not less than 3000 vibrations per minute, and sufficient amplitude to consolidate the concrete effectively. The Contractor shall provide at least 50% duplication of all vibration equipment as standby during any period of concreting. Vibrators shall not be used to move the concrete within the formwork. Curing: Freshly deposited concrete shall be protected from premature drying and excessively hot or cold temperatures and shall be maintained with minimal moisture loss at a relatively constant temperature for the proper hydration of the cement and hardening of the concrete. The materials and methods of curing shall be subject to approval. Concrete surfaces not in contact with forms, shall be cured by one of the following materials or methods. Ponding, continuous sprinkling, or absorptive mat or fabric kept continuously wet with water which complies with the requirements of "water for concrete and curing".

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Polythene membrane shall be laid direct on to the concrete in unbroken sheets with substantial close fitted lap joints. Sheets shall be weighted with timbers to prevent dry winds blowing under the membrane. Spray applied curing membrane and curing compounds shall be of approved manufacture and type and be of the maximum retentivity type. Curing compounds used shall have reflective properties; they shall be applied in accordance with the recommendations of the manufacturer and are to be used with extreme caution on any surfaces against which additional concrete or other finishing materials are to be bonded and shall not adversely affect the concrete. Application of curing water should not affect the finished fresh concrete surface by the dilution of the top layer. Curing shall be continued for a period of at least 7 days when methods (a) and (b) above are used. Rapid drying at the end of the curing period shall be prevented. The Project Manager may instruct, in hot, dry weather that a combination of the above methods shall be used. Exposed horizontal surfaces of slabs in hot windy weather may require additional protection between the initial compaction and final finishing stages to ensure that the concrete is not exposed for more than twenty (20) minutes after placing. Formwork exposed to direct sunlight during the curing period shall be shaded. Steel forms heated by the sun and all wood forms in contact with the concrete during the curing period shall be kept wet. No forms should be removed during the curing period. The use of any of these methods of curing shall be subject to the requirement of the Project Manager for meeting a satisfactory curing result. Any method not giving satisfactory results shall be discontinued and another, to the preference of the Project Manager, shall be applied instead. Joints: Construction joints shall be formed in either horizontal or vertical planes and located in the works to suit working stresses. They shall be so located and the quantity of concrete placed at any one time shall be so limited in size and shape as to minimise shrinkage and temperature effects. All reinforcing steel shall be continued across construction joints except where shown on the drawings. The surface of the concrete at all joints shall be straight and shall be thoroughly cleaned with water and air under pressure, to expose aggregate. The cleaned surfaces shall be well set and a cement grout wash applied; laying shall commence before the grout has set. Measurement: Dimensions shall be measured nearest to 10 mm, except for the thickness of slab which shall be measured to nearest 5 mm. The areas shall be worked out to nearest 0.01 square metres. The cubic contents shall be worked out to nearest 0.01 cubic metres. Work under the following category shall be measured separately. (a) In foundation upto floor one level. (b) From floor one level to floor two level (c) From floor two level to floor three level and so on. (d) R.C.C. above roof level shall be measured along with the R.C.C. work in floor just below. No deduction shall be made for the following: (a) Ends of dissimilar materials (e.g. joints,beams, posts, girders, rafters, purlins, trusses, corbels, steps

etc.) upto 500 sq.cm in cross-section. (b) Opening upto 0.1 sqm. Note: In calculating area of opening upto 0.1 sq.m. the size of opening includes the thickness of any separate lintels or sills. No extra labour for forming such opening or voids shall be paid for. (c) The volume occupied by reinforcement. (d) The volume occupied by pipes, conduits, etc. not exceeding 100 sq.cm each in Cross-sectional area. Nothing extra shall be paid for leaving and finishing such cavities and

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holes. Small voids not exceeding 40 sq.cm each in cross-sectional area. Nothing extra shall be paid for leaving and finishing such cavities and holes. Measurements shall be taken before any rendering is done in the concrete members. The measurement shall not include any rendering. The measurement of R.C.C. work between various units shall be regulated as below: (a) Slabs shall be taken as running continuously through except when slab is monolithic with the beam. In that case it will be from the face of the beam. (b) Beams shall be measured from face to face of columns and include haunches, if any, between columns and beams. The depth of the beam shall be from the bottom of slab to the bottom of beam, if beam and slab are not monolithic. In case of monolithic construction where slabs are integrally connected with beams, the depth of the beam shall be from the top of the slab to the bottom of the beam. (c) the columns shall be measured from top of column base to underside of the first floor slab and subsequently from top of floor slab to underside of the floor slab above. In case of column for flat slab, flare of column shall be included with column for measurement. (d) Chajja shall be measured inclusive of bearing. But when chajja is combined with lintel, slab and beam, it shall be measured as clear portion. Whenever vertical fins and chajjas combined, chajjas shall be measured clear between fins. The vertical fins shall be measured through. (e) The filling of expansion joints with bitumen filler, bitumen felt or any such material and the provision of copper or brass plate for covering etc., shall be measured in running metres. Rate: The rate includes the cost of materials and labour involved in all the operation described above except for the cost of centering and shuttering unless otherwise mentioned in the item. G Plaster Work G1 Providing and laying 12 mm cement plaster with C ement mortar 1:4. Preparation of surface: The joints shall be raked out properly. Dust and loose mortar shall be brushed out. Efflorescence if any shall be removed by brushing and scraping. The surface shall then be thoroughly washed with water, cleaned and kept wet before plastering is commenced. In case of concrete surface, if a chemical retarder has been applied to the formwork, the surface shall be roughened by wire brushing and all the resulting dust and loose particles cleaned off and care shall be taken that none of the retarder is left on the surface. The joints of masonry shall be raked out properly so that the plaster is well keyed with the masonry. Mortar: The mortar of the specified mix described in the item shall be used. Scaffolding: For all exposed brickwork or tile work, double scaffolding having two sets of vertical supports shall be provided. The supports shall be sound and strong, tied together with horizontal pieces over which scaffolding planks shall be fixed. For all other masonry in building, single scaffolding shall be permitted. In such case, the inner end of the horizontal scaffolding pole shall rest in a hole provided only in the header course for the purpose. Only one header for each pole shall be left out. Such holes for scaffolding shall, however, not be allowed in pillars/columns less than one metre in width, or immediately near the skewbacks of arches. The holes left in masonry works for scaffolding purposes shall be filled and made good before plastering. Note: In case of special type of brickwork, scaffolding shall be got approved from Engineer. Application of Plaster: Ceiling plaster shall be completed before commencement of wall plaster. Plastering shall be started from the top and worked down towards the floor. All putlog holes shall be properly filled in advance of the plastering as the scaffolding is taken down. To ensure even thickness and true surface, plaster about 15x15 cm, shall be first applied, horizontally and vertically, at not more

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than 2 metres intervals over the entire surface to serve as gauges. The surfaces of these gauged areas shall be truly in the plane of the finished plaster surface. The mortar shall then be laid on the wall, between the gauges with trowel. The mortar shall be applied in a uniform surface slightly more than the specified thickness. The surface shall be brought to a true surface, by working a wooden straight edge reaching across the gauges, with small upward and sideways movements at a time. Finally the surface shall be finished off true with trowel or wooden float accordingly as a smooth or a sandy granular texture is required. Excessive trowelling or over working the float shall be avoided. All corners, arises, angles and junctions shall be truly vertical or horizontal as the case may be and shall be carefully finished. Rounding or chamfering corners, junctions etc. where required shall be done without any extra payment. Such rounding or chamfering shall be carried out with proper templates to the sizes required. In suspending work at the end of the day, the plaster shall be left, cut clean to line both horizontally and vertically, when recommencing the plastering, the edge of the old work shall be scraped cleaned and wetted with lime putty or cement grout before plaster is applied to the adjacent areas, to enable the two to properly join together. Plastering work shall be closed at the end of the day on the body of the wall and not nearer than 15 cm to any corners or arises. It shall not be closed on the body of the features such as plasters, bands and copings, as these invariable lead to leakages. No portion of the surface shall be left out initially to be patched up later on. The plastering and finishing shall be completed within half an hour of adding water to the dry mortar. Finish: The plaster shall be finished to a true and plumb surface and to the proper degree of smoothness as required. The work shall be tested frequently as the work proceeds with a true straight edge not less than 2.5m.long and with plumb bobs. All horizontal lines and surfaces shall be tested with a level and all jambs and corners with a plumb bob as the work proceeds. Precaution: Any cracks which appear in the surface and all portions, which sound hollow when tapped, or are found to be soft or otherwise defective, shall be cut out in rectangular shape and redone as directed by the Engineer. Thickness: The thickness of the plaster specified shall be measured exclusive of the thickness of key. The average thickness of the plaster shall not be less than the specified thickness and the minimum thickness over any portion of the surface shall not be less than specified thickness by more than 3 mm. Where the thickness required as per description of the item is 20 mm the average thickness of the plaster shall not be less than 20 mm whether the wall treated is of brick or stone. In the case of the brickwork, the minimum thickness over any portion of the surface shall not be less than 15 mm while in the case of stonework the minimum thickness over the bushings shall be not less than 12 mm. Curing: Curing shall be started as soon as the plaster has hardened sufficiently not to be damaged when watered. The plaster shall be kept wet for a period of atleast 7 days. During this period, it shall be suitably protected from al damages at the contractor’s expense by such means as the Engineer may approve. The dates on which the plastering is done shall be legibly marked on the various sections plastered so that curing for the specified period thereafter can be watched. Measurement: Length and breadth shall be measured correct to 10 mm and its area shall be calculated in square metres correct to two places of decimal. Thickness of the plaster shall be exclusive of the thickness of the key i.e. grooves, or open joints in brick works. The measurements of wall plaster shall be taken between the walls or partitions (the dimensions before plastering shall be taken) for the length, and from the top of the floor or skirting to the ceiling for the height. Depth of coves or cornices if any shall be deducted. The following shall be measured separately from wall plaster: (a) Plaster bands 30 cm wide and under. (b) Cornices, beadings and architraves moulded wholly in plaster. (c) Circular work not exceeding 6 m in radius.

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Plaster over masonry pilasters will be measured and paid for as plaster only. A coefficient of 1.63 shall be adopted for the measurement of one side plastering on honeycomb work. Moulded cornices and coves: (a) Length shall be measured at the centre of the girth. (b) Moulded cornices and coves shall be given in square metres the area being arrived at by multiplying length by the girth. (c) Flat or weather-top cornices when exceeding 15 cm in width shall not be included in the girth but measured with the General Plaster work. d) Cornices, which are curved in their length, shall be measured separately. Exterior plastering at height greater than 10m from average ground level shall be measured separately in each storey height. Patch plastering(in repairs) shall be measured as plastering new work, where the patch exceeds 2.5 sq.m., extra payment being made for preparing old wall, such as dismantling old plaster, raking out the joints and cleaning the surface. Where the patch does not exceed 2.5sq.m in area, it shall be measured under the appropriate item under sub-head “Repairs to Building”. Deduction in measurements for openings etc. will be regulated as follows: (a) No deduction will be made for openings or ends of joists, beams, posts, girders, steps, etc. upto 0.5 sq.m. in area; no additions shall be made either, for jambs, soffits and sills of such openings. The above procedure will apply to both faces of wall. (b) Deduction for openings exceeding 0.5 sq.m. but not exceeding 3 sq.m. each shall be made for reveals, jambs, soffits, sills etc. of these openings When both faces of walls are plastered with same plaster, deductions shall be made for one face only. When two faces of walls are plastered with different types of plaster or if one face is plastered and other is pointed, or one face is plastered and the other is un-plastered, deduction shall be made from the plaster or pointing on the side of the frame for the doors, windows etc. on which width reveal is less than that on the other side but no deduction shall be made on the other side. Where width of reveals on both faces of wall are equal, deduction of 50% of area of opening on each face shall be made from area of plaster and/or pointing as the case may be. For opening having door frame equal to or projecting beyond thickness of wall full deduction for opening shall be made from each plastered face of wall. (c) For opening exceeding 3 sq.m. in area, deduction will be made in the measurement for the full opening of the wall treatment on both faces, while at the same time, jambs, sill and soffits will be measured for payment. In measuring jambs, sills and soffits deduction shall not be made for the area in contact with the frame of doors, windows etc. Rate: The rate shall include the cost of the labour and materials involved in all the operations described above. H Construction of drainage works H1 Providing and laying 900-1200 mm NP2 class RC pi pes, including collars, jointing in cement mortar 1:2 including visual inspection of jo ints etc. including excavation, supply and placing of gravel bedding and suitable trench backf ill as per the specification and drawings. The quantities and unit rates for the provision and laying of Hume pipes specified in the Bill of Quantities are for culverts under the road embankment as well as for provision of drainage of spoil disposal sites, as per design and instructions of the Project Manager.

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Excavation: The ground shall be excavated to the lines and depths shown on the Drawings or to such other lines and depths as the Project Manager may direct. Trenches shall be of sufficient width to enable the pipes to be properly laid, jointed and haunched. Should the Contractor desire to use mechanical plant for excavating trenches or for laying pipes he shall submit his proposals for approval by the Project Manager, but such approval will not relieve the Contractor from responsibility for damage to pipes. Water in Pipe Excavations: Trenches shall be kept free from water, until, in the opinion of the Project Manager, the works will not suffer any deleterious effect from water. The Contractor shall, at his own expense, construct any sumps or temporary drains that the Project Manager may consider necessary. The Contractor shall make good at his own expense, any damage caused by prolonged and excessive pumping, and shall take all precautions necessary for the safety of adjoining structures and buildings by shoring or otherwise, during the time the trenches are open. Laying of Concrete Pipes: The physical requirement of reinforced concrete light duty non-pressure pipe class NP2 shall meet be as in the following table. Concrete pipes shall comply with the requirements of IS 458-1971. The pipes shall be laid true to line and level, commencing at the outfall, each pipe being separately boned between sight rails. Laying of pipes shall proceed upgrade of a slope. Before placing the pipe culverts, the bottom width of the excavation shall be covered with a drainage layer of stones of specification and depth as noted on the contract drawings. Where the required pipe length (as determined by the carriageway width, shoulder width etc) is not a multiple of the standard pipe size, then the contractor shall not be paid for any additional length of pipe that he installs. In the event that the pipe is installed over the design length which results in the need for scour or other water protection measures deemed necessary by the Project Manager, then these shall be provided at the contractor’s own cost. Internal Diameter (mm)

Min Wall Thickness of Pipe (mm)

Caulking Space (mm)

Wall Thickness of Collar (mm)

Width of Collar (mm)

900 50 19 50 200 1200 65 19 65 200 Loading, transporting and unloading of concrete pipes shall be done with care. Handling shall be such as to avoid impact. Gradual unloading by inclined plane or by chain block is recommended. All pipe sections and connections shall be inspected carefully before being laid. Broken or defective pipes or connections shall not be used. Pipes shall be lowered into the trenches carefully. Mechanical appliances may be used. In case where the foundation conditions are unusual such as in the proximity of trees or holes, under existing or proposed tracks, manholes etc. the pipe shall be encased all round in compacted sand or gravel for it’s full length. In case where the natural foundation is inadequate the pipes shall be laid either in concrete cradle supported on proper foundations or on any other suitable designed structure. If concrete cradle bedding is used, the depth of concrete below the bottom of the pipe shall be at least 1/4th of the internal diameter of pipe subject to the minimum of 10 cm and a maximum 30 cm. The concrete shall extend up the side of the pipe at least to a distance of 1/4th of the outside diameter of the pipe. The pipe shall be laid in this concrete bedding before the concrete has set. Pipes laid in trenches in earth shall be bedded evenly and firmly in compacted sand or gravel at least to a distance of 1/3rd of the outside diameter of the pipe. Necessary provision shall be made for joints wherever required.

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When the pipe is laid in a trench in rock hard clay, shale or other hard materials the space below the pipe shall be excavated and replaced with an equalising bed of concrete, sand, gravel or compacted earth. In no place shall pipe be laid directly on such hard materials. When the pipes are laid completely above the ground, the foundations shall be made even and sufficiently compacted to support the pipeline without any materials settlement. Alternatively the pipe line shall be supported on rigid foundations at intervals. Suitable arrangements shall be made to retain the pipe line in the proper alignment, such as by shaping the top of the supports to fit the lower part of the pipe. The distance between the supports shall by a max of 2.5m centres, and not more than 300mm either side of any joints. In no case shall the joint come in the centre of the span. Care shall be taken to see that superimposed loads greater than the total load equivalent to the weight of the pipe when running full shall not be permitted. Where joints are to be made with loose collars, the collars shall be slipped on before the next pipe is laid. Adequate and proper expansion joints shall be provided where directed. Special care shall be taken to see that any excess of cement mortar is neatly cleaned off while each joint is being made and any earth, cement or other material thoroughly cleansed out of the pipes. A properly fitted plug shall be well secured at the ends of each pipe already laid and shall be removed only when the next pipe is being laid or on completion of the culvert or pipe line. The excavations shall be kept free from water until the joints are thoroughly set. Jointing of Concrete Pipes: Joints are generally of rigid type. Where specified flexible type joints may also be provided. Cement mortar for jointing pipes shall consist of 1 (cement):2 (sand) by volume. The materials shall be accurately gauged and mixed in an approved manner. Cement mortar shall be made in suitable small quantities only as and when required, and any motor, which has begun to set, or which has been mixed for a period of more than one hour shall be rejected. Rigid Collar Joint: This is a rigid joint. The two adjoining pipes shall be butted against each other and adjusted in correct positions. The collar shall then be slipped over the joint, covering equally both the pipes. The annular space shall be filled with stiff mixture of cement mortar 1 (cement):2 (sand) by volume), which shall be rammed with caulking tool. After day’s work any extraneous materials shall be removed from the inside of the pipe and the newly made joint shall be cured. Semi Flexible Collar Joint: This is made up of a loose collar, which covers two specially shaped pipe ends. Each end shall be fitted with a rubber ring which when compressed between the spigot and the collar, seal the joint. Stiff mixture of cement mortar 1 (cement):2 (sand) shall then be filled into the remaining work, any extraneous materials shall be removed from the inside of the pipe and the newly made joints shall be cured. Socket and spigot joint: The spigot of each pipe shall be placed home in the socket of the one previously laid, and the pipe then adjusted and fixed in the correct position with the spigot of the pipe accurately centred in the socket. A ring of gaskin or tarred rope yarn shall be inserted in the socket of each pipe previously laid and driven home with a wood caulking tool and wooden mallet; such yarn when in position shall not occupy more than one quarter of the total depth of the socket. The socket shall then be completely filled with cement mortar 1 (cement):2 (sand) and a fillet shall be bevelled off and extend for a length not less than 50 mm from the face of the socket. The newly made cement fillet shall be protected by means of a cover of damp hessian, which shall be kept moist for at least 24 hours after forming. Pipe to be Left Clean on Completion: On completion, all pipe lines shall be flushed from end to end with water and left clean and free from obstructions. Pipes Bedded and Haunched With Concrete: Where shown on the Drawings or directed by the Project Manager, pipes shall be bedded, surrounded and/or haunched with PCC M5:40. In carrying out this work the Contractor shall take care to pack the concrete under the around the pipes to ensure

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even bedding and solidity in the concrete in no instance shall the concrete be thrown directly on the pipes. The upper surface of the concrete shall be struck off with a wooden screed and neatly finished off. Refilling Trenches: Backfill to depth of D/3mm of the pipe from it’s base shall be with filter material as provided in relevant sections under SQCA Specifications for Buildings & Road Works, 2009. All remaining backfill shall comply with the relevant sections under SQCA Specifications for Buildings & Road Works, 2009 to at least 600mm or D/2 above the pipe. (where D is the nominal internal diameter of the pipe). Backfill for concrete pipes and minor drainage structures shall be obtained from the material excavated in forming the excavation and in the event of there being insufficient excavated material or the culvert is laid close to or above existing ground level then selected backfill shall be obtained from borrow pits. The remainder of the trench shall then be backfilled with best selected material available, placed in layers not exceeding 150 mm loose thickness, mixed, watered or dried as necessary and compacted. All backfilling material shall be compacted to a minimum dry density of 95% of MDD (Heavy Compaction). For pipe culverts which have been constructed close to, above or where the culverts protrudes above the existing ground the backfilling under the flanks and alongside and over the culverts shall be placed and compacted in layers not exceeding 150 mm after compaction to 95% MDD. The width of backfilling along the flanks of the Culvert shall be at least (2 + 1.5h) metres from each side of the culvert (Where ‘h’ is the height from the underside of the layer being compacted to the crown of the pipe in metres). All existing ground under this backfill shall be compacted to 95% MDD (Heavy Compaction) to a depth of 150 mm. The material used for filling alongside the culvert above existing ground shall be the same material as will be used for the adjacent fill and no additional payment will be made than that provided for the fill under relevant sections of SQCA Specifications for Buildings & Road Works, 2009. Backfilling shall be carried out simultaneously and equally on both sides of the culvert to avoid unequal lateral forces. In all cases there shall be cover of at least 600mm or D/2 mm over the crown of the culvert before construction equipment is driven over it unless other protective measures approved by the Project Manager have been provided. All works shall be completed prior to start of pavement layer works. Measurement: All measurement will be done in accordance with the specific item coverage for the works. H2 Concrete Catch Pits All concrete catch pits, drop inlets and the like will be constructed in situ in M10 concrete and 1:6 RRM, unless otherwise specified on the Drawings. The end of all pipes shall be properly built into the concrete and neatly finished off with cement mortar. The catch pits shall be measured and paid separately by number. The provision under ‘Laying of Concrete Pipes’ shall apply in relation to uncut/ protruding pipes requiring additional erosion protection. Where any road, footpath, kerb, drain, channel or any other structure has been disturbed, it shall be fully re-instated by the Contractor to the satisfaction of the Project Manager. All Hume pipe provisions, sub-soil and surface water, or other drainage works shall be completed in advance of the construction of the base course, hard shoulders and/or surfacing of the carriageway and/or the spoil disposal site.

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Measurement: All measurement will be done in accordance with the specific item coverage for the works. The length shall be measured in running metre correct to 50 mm. Item Coverage: The rate shall, unless otherwise stated, include for excavation to foundation level in all types of soil, disposal of excavated materials within 50 m lead where necessary, providing, bedding and surround filter layer, providing, laying and jointing pipes, back filling with compaction, reinstatement of (road) surface works as well as all labour, material, equipment, tools, cement and incidentals necessary to complete the works as per specification and drawings excluding the cost of catchpits. H3 Construction of submersible causeway as per spec ification and drawings including excavation, levelling, delivery of materials and di sposal of surplus earth within 50 m lead. Excavation: The slope of the causeway shall be not more than 7% in flow direction and cross slope of 10:1. The actual length of the causeway will be determined by the natural FRL-IL depth The ground shall be excavated to the lines and depths shown on the Drawings with a gradient of 7% in the flow direction or to such other lines and depths as the Project Manager may direct. Trenches shall be kept free from water, until, in the opinion of the Project Manager, the works will not suffer any deleterious effect from water. The Contractor shall, at his own expense, construct any sumps or temporary drains that the Project Manager may consider necessary. The approach to the causeway shall be at 5% for not less than 10m. Preparation of Surface for Bedding: The bed on which the stone pitching are to be laid as a basis for the concrete causeway slab shall be with an even surface. If necessary cavities between rock protrusions shall be filled with material similar to that specified for gabion filling under relevant sections of SQCA Specifications for Buildings & Road Works, 2009. Reinforcement: The reinforcement shall confirm to IS 1786 – 1985. The reinforcement shall be laid allowing a minimum cover of 40 mm, 8mm dia at 200mm spacing top and bottom Measurement: All measurement will be done in accordance with the specific item coverage for the works. Item Coverage: The rate shall include the cost of all the materials and labour involved in the complete completion of causeway including protection works and walls.

H4 Construction of lined L-shaped drain with 150mm thick PCC 1:3:6, 20 mm aggregate, RRM in CM 1:4 on sides, finished with 12mm thick 1: 4 cement plaster including excavation, levelling, delivery materials and disposal of surpl us earth within 50m. Excavation for the drains shall be carried out either manually or using suitable implements and the excavated materials should be used to backfill the sides of the drain and render the road shoulder neatly dressed to the specified gradient and compacted. The open surface drains shall be of the size as specified in the item and laid to such gradients but not less than 3% and in such locations as may be shown in the relevant drawing or as directed by the Engineer. The construction of drains should be completed atleast 1 week before the commencement of Subbase and Base courses. The width of the drain at the top shall be as specified and measured between the finished walls. The drain shall be given, as far as possible, uniform slope from the starting point to the discharge point. For random rubble masonry, cement concrete works and plastering, Specifications for Buildings & Road Works 2009 by SQCA shall apply. Measurement : The length shall be measured in running meter correct to 10mm. Rates: The rates shall include the cost of all material and labour involved in the above operation.

Section VII: Specifications and Performance Requirements 93

H5 Construction of chute as per specification and draw ing including excavation, filling and delivery of materials. Chutes are suitable for small streams only (width not more than 3 metres). They may be provided to transfer water between cross drainage structures which lie above one another due to zigs in the road, or to discharge water away from an outfall to a safe area. A series of parallel gabion steps are constructed across the stream bed and linked together with a gabion mat. Gabion mats/ Reno mattresses and steps are protected by a concrete layer of 50 mm thickness. Between two gabion steps, the length of the gabion mats should be 3 m and their gradient should not exceed 10%. For the construction of gabion steps and mats refer relevant sections under SQCA Specifications for Buildings & Road Works, 2009. I Pavement Layer Works Definitions The following definitions shall apply: Formation The level that is reached after excavation, at which the theoretical pavement construction shall commence. Typically this is 150mm below Finished Road Level, but may be lower to allow for placing of GSB. Subgrade The depth typically within 300 mm below formation level is designated as "subgrade". In the event that subgrade is unsuitable – i.e. has low CBR due to material content, moisture content etc, then it is to be removed locally until suitable material is reached. In the event that the depth to suitable material is high, typically >1.5m, then Subbase is to be placed prior to Base Course. Granular Subbase Granular Subbase (GSB) is a well graded granular material to be laid in layers not greater than 400mm and compacted to reach Formation Level. It is generally used where subgrade is weak (i.e. CBR<5). Base Course Base Course is a well graded granular material to be laid and compacted to achieve 150mm layer, and graded to provide running surface. Subgrade Consolidation The surface of the formation including shoulders shall first be cut to the proposed finished levels and grades. It shall then be cleaned of all foreign substances. Any ruts or soft yielding patches that appear due to improper drainage conditions, traffic hauling or from any other cause, shall be corrected and the sub grade dressed off parallel to the finished profile. The sub grade shall be consolidated in accordance with section 22.3.3 - Filling & Embankments, SQCA Specifications for Buildings & Road Works, 2009. The roller shall run over the subgrade till the soil is evenly and densely consolidated and behave as an elastic mass. The number of passes shall be dependent on the weight and type of equipment being used in accordance with section 22.3.3 - Filling & Embankments, SQCA Specifications for Buildings & Road Works, 2009. All the undulations

Section VII: Specifications and Performance Requirements 94

in the surface that developed due to rolling shall be made good with suitable material as the case may be and the sub grade is re rolled. This section deals with the treatment of the upper earthworks layers, including preparation of surface treatment of formation and the improvement of in-situ materials by selected materials. Preparation of Subgrade Preparation and surface treatment of formation shall be carried out only after completion of any specified drainage and unless otherwise agreed by the Project Manager immediately prior to laying the subbase or the base course where no subbase is required. I1 Preparation of subgrade with proper camber/ cro ss-fall by excavating earth to a depth of 300 mm, consolidation with road roller inc luding disposal of surplus earth up to 50m. Sub-grade of Loose Materials Loose materials remaining at the subgrade surface shall not contain particles larger than 60 mm. In addition the material shall have a CBR of not less than 5%, compacted to a dry density of 95% MDD of modified proctor density (heavy compaction). In-situ material in the subgrade in cutting that does not meet these requirements shall either be removed or if suitable placed in the embankment and replaced with material from cutting or borrow pits that meet the requirements for loose material in the subgrade. In fill areas, and in cuttings except otherwise instructed by the Project Manager according to the material encountered, loose materials of embankments and cuttings shall be deposited in layers of 150 mm compacted depths. Each layer shall extend over the full width of the embankments or cuttings and shall be compacted in accordance with the requirements specified hereunder:-

• The material shall be broken down to the specified grading and any oversize material which cannot be broken down to the required size shall be removed and disposed off. The material shall be scarified and the moisture content shall be adjusted by either uniformly mixing in water or drying out the material such that the moisture content during compaction is between95% and 100% of the Optimum Moisture Content. The moisture content shall be kept within these limits until compaction is completed except where otherwise instructed by the Project Manager. • Each layer shall be compacted to a dry density equal to at least 95% MDD of modified proctor density (heavy compaction).

Formations of Rock Cuttings The subgrade in rock cuttings shall be regulated after the trimming of the rock excavation by a regulating course of 150 mm minimum compacted depth of natural material complying with the requirements of natural material for subbase. The regulating course shall be laid and compacted in the same way as the subbase. Proofrolling All subgrade shall be proof rolled with a loaded scraper or truck with a minimum axle load of 8 tones. Proof rolling shall be satisfactorily completed before the layer is submitted to the Project Manager for approval and shall be carried out in his presence. All traces of deformation or depressions by the proof rolling shall be rectified. All proof rolling shall be at the Contractor’s expense. Surface Regularity and Tolerances The surface regularity and tolerances shall meet the following requirements:-

Section VII: Specifications and Performance Requirements 95

Surface Regularity 20 mm for the straight edge and ± 0.5 % for the crossfall When each layer is completed the Contractor shall request the Project Manager's approval and protect the layer. Measurement: The length and width of the completed work shall be measured correct to 10 mm and worked out in square metre area, correct to two places of decimal. The item shall not be considered to have been completed unless the area has been rolled both after grading and immediately prior to placing of paving materials.

Rate: The rate shall include the cost of equipments, materials and labour required for all the operations mentioned above, unless specified otherwise. Sub-base/ Base Where shown on the Drawings or where in-situ material in the subgrade in cuttings does not meet the requirements (CBR less than 5), in-situ materials shall be replaced with material from cuttings or selected borrows pits. Where Subbase material quality varies, the Project Manager may also instruct that certain materials should be excluded and he may instruct that certain materials should be set apart. I2 Granular Sub-base Providing and laying granular sub-base with compact ed thickness of 150mm with natural granular material, 75mm and down including mixing, rolling, finishing etc. complete. This work shall be carried out where the subgrade is weak due to water logging, poor material properties etc. The work shall consist of laying and compacting well-graded quarry material on prepared subgrade. The material shall be laid in one or more layers as sub-base according to lines, grades and cross sections shown on the drawings or as directed by the Project Manager. The material to be used for the work shall be crushed stone from crusher fulfilling the required grading. The material shall be free from organic or other deleterious constituents. It shall be ensured prior to actual execution that the material to be used in sub-base satisfies the physical requirements when compacted and finished. The size of granular material shall be 75mm and down guage. When directed by the Project Manager, this shall be verified by performing CBR tests on the Subgrade which shall not be less than 5. Laying and Compaction of Crushed SubBase The Contractor shall take appropriate measures to prevent segregation during dumping and spreading operations.The granular material shall be spread on the prepared subgrade in layers not greater than 150mm over the full width of the formation and shall be rolled in accordance with "Preparation of Subgrade”. The compacted minimum thickness of the sub-base shall be 200mm and shall not be less than 2 times the maximum size of the graded crushed stone. Each pass of the roller shall uniformly overlap not less than one-third of the track made in the preceding pass. During rolling, the grade and cross fall shall be checked and any high spots or depressions shall be corrected by removing or adding fresh material. The speed of the roller shall not exceed 5 km per hour. Rolling shall be continued till the density achieved is 95% of the maximum dry density for the material. The surface of any layer of material on completion of compaction shall be well closed, free from loose material. All loose, segregated or otherwise defective areas shall be made good to the full thickness of layer and re-compacted. As soon as possible after laying, compaction shall be carried out. The moisture content shall be

Section VII: Specifications and Performance Requirements 96

adjusted as necessary and, during compaction, care shall be taken to maintain the moisture content evenly at the required value. Unless otherwise instructed by the Project Manager, the moisture content at the time of compaction shall be between 95 and 100% of the Optimum Moisture Content as determined by IS 2720 Part VIII. All rolling shall be longitudinal and shall commence at the outer edges of the pavement and progress towards the centre, except that on super elevated curves, rolling shall progress from the lower to the higher edge. Where laying is carried out in lanes, care must be taken to prevent water entrapment. The minimum dry densities to be achieved as a percentage of the Maximum Dry Density (MDD) determined in accordance with IS 2720 Part VIII shall be 95% of MDD. On completion of the compaction, the surface shall be well closed, mechanically stable, free from visible movement under compaction plant and free from compaction planes, ridges, cracks, loose or segregated material. If the surface fails to meet the requirements of this Specification, the Contractor shall take necessary action as the Project Manager may instruct or agree. Proof rolling and Tolerances The same rules apply as mentioned under "Preparation of Subgrade". When each layer is completed the Contractor shall request the Project Manager's approval and protect the layer. Surface Regularity straight edge: 10 mm and crossfall: ± 0.5% Sources of Materials The materials should be either from the contractor’s crusher or from a crusher established in Bhutan. The Contractor shall be responsible for locating and developing suitable sources of material for graded crushed stone. Such sources shall be termed as quarries. The Contractor should obtain the approval of the Project Manager prior to start of the operation of the quarry. Material The grading requirement for granular sub-base material is as shown in Table below. Sieve Size (mm) Percentage passing by weight

80 100 40 85-100 10 45-100 4.75 25-85 0.6 8-45 0.075 2-10

• The fraction of material passing 20mm sieve shall give a CBR value of at least 30% or more after preparing the sample at maximum dry density and optimum moisture content.

• The levels of the sub-base shall not vary more than +10mm than those with the design levels. • The strength of sub-base shall be verified by performing CBR tests in the laboratory as

required on specimens remoulded at field dry density and moisture content and any other tests for the quality of materials, as may be necessary.

The test requirements to be complied are as shown in the Table below. Tests Acceptable values

Abrasion Max. 40 Impact Max. 30 Flakiness Index 30

Section VII: Specifications and Performance Requirements 97

CBR Min. 30 Plasticity Index Max. 6 Measurement: The length and width of the completed work shall be measured correct to a cm. The area shall be worked out in cubic metre, correct to two places of decimal. Rate: The rate shall include the cost of labour, materials and equipments required at site, quality tests and all the operations mentioned above, unless specified otherwise. I3 Base course Laying wearing course of well graded aggregates and blinding materials including screening, sorting, spreading to template and conso lidation including the cost for delivery of materials but excluding the cost for bl inding materials. Scope and Definition This clause covers grading and placing of approved crushed stone aggregates on top of the completed subgrade or subbase and constructing a crushed stone base or subbase, as they case may be, in accordance with the requirements of these specifications and drawing. "Graded crushed stone" shall mean crushed stone with a smooth grading curve which is within a specified envelope. The Largest size of the aggregate shall be not greater than 63 mm and shall be in the range of 10-15% in between 63- 40 mm. Sources of Materials The materials to be used shall be crushed aggregates from a crusher plant approved by the Project Manager. Material Requirements The material used for Base course shall comply with the following grading after processing, placing and compaction in the pavement shall be a smooth curve within, and approximately parallel to the envelope defined in the following table. Sieve Size (mm) Percentage passing by weight

63 - 40 90-100 31.5 85-100 20 62-92 10 40-70 5 26-55 2.36 21-43 0.6 12-28 0.075 2-10 The material shall consist of crushed stone, free from clay, organic or other deleterious matter and comply with the requirements according to the following table: Tests Acceptable values

Abrasion Max. 30 Impact Max. 20 Flakiness Index 25

Section VII: Specifications and Performance Requirements 98

CBR Min. 60 Plasticity Index NP Crushing, Screening and Mixing Unless otherwise instructed, crushing shall be carried out in at least two stages. The crushing, screening and proportioning of materials and their subsequent mixing shall be carried out using such methods and machine as shall be acceptable to the Project Manager. Alternatively, hand breaking of stone aggregates may be adopted. To avoid segregation, graded crushed stone shall be moistened when being handled and shall not be stockpiled in heaps higher than 5m. Should the Contractor wish to add material from another source in order to achieve the specified grading, the following conditions shall apply:

• The Contractor shall be responsible for all costs associated with the provision and mixing of the material, including land acquisition.

• The material shall be non-plastic and consist of 90-100% quartz or other approved hard, sharp durable particles and shall be free from organic materials, clays and other deleterious substances.

• Only material passing the 6.3 mm sieve may be added, the percentage to be added shall be agreed with the Project Manager and in any case shall not exceed 15% by weight of the mixture.

Laying and Compacting Graded Crushed Base Course The Contractor shall take appropriate measures to prevent segregation during dumping and spreading operations. The graded crushed stone shall be laid by plant capable of distributing the graded crushed stone in a layer of uniform thickness and without segregation. The compacted thickness of any layer laid, processed and compacted at one time shall not exceed 150 mm, and where a greater thickness is required, the graded crushed stone shall be laid in two or more layers. The compacted thickness of any base layer shall not be less than 3 times the maximum size of the graded crushed stone. As soon as possible after laying, compaction shall be carried out. The moisture content shall be adjusted as necessary and, during compaction, care shall be taken to maintain the moisture content evenly at the required value. Unless otherwise instructed by the Project Manager, the moisture content at the time of compaction shall be between 95 and 100% of the Optimum Moisture Content as determined by IS 2720 Part VIII. All rolling shall be longitudinal and shall commence at the outer edges of the pavement and progress towards the centre, except that on super elevated curves, rolling shall progress from the lower to the higher edge. Where laying is carried out in lanes, care must be taken to prevent water entrapment. The minimum dry densities to be achieved as a percentage of the Maximum Dry Density (MDD) determined in accordance with IS 2720 Part VIII shall be 98% of MDD. On completion of the compaction, the surface shall be well closed, mechanically stable, free from visible movement under compaction plant and free from compaction planes, ridges, cracks, loose or segregated material. If the surface fails to meet the requirements of this Specification, the Contractor shall take necessary action as the Project Manager may instruct or agree. Proof rolling Unless otherwise directed by the Project Manager, the Contractor shall proof roll the completed

Section VII: Specifications and Performance Requirements 99

layer with a dead weight smooth wheeled roller applying a load of not less than 5 Tonnes per metre width of roll and the layer shall be free from visible movement under the proof roller. Approval of the layer will only be given after the satisfactory completion of the proof rolling and any remedial measures will be at the Contractor’s expense. Surface Regularity and Tolerances The surface regularity and tolerances shall meet the following requirements:- Surface Regularity straight edge: 10 mm and crossfall: ± 0.25% When each layer is completed the Contractor shall request the Project Manager's approval and protect the layer. Testing • Process Control: The minimum testing frequency that will be required for the purpose of process control shall be the following: Tests Testing Frequency

One Test Every Min. Number of tests/Section Gradation 200 cum 1-2 Plasticity Index 500 m 1-2 MDD & OMC 1 test /2 km 1-2 Field Density 1 test/ 1500-2000 sqm. 1 test with 5-6 random checks Abrasion 200 cum - Impact 200 cum - CBR 1 test/ 1500-2000 sqm. 1 test with 5-6 random checks Routine Inspection and Testing: Routine inspection and testing will be carried out to test the quality of materials and workmanship for compliance with the requirements of this section. Any materials or workmanship that do not comply with the specified requirements shall be removed and replaced with materials and workmanship complying with the specified requirements, or be repaired to comply with the specified requirements. Measurement: The measurement shall be made for the finished work in cubic metres as per net measurements of the compacted thickness of base-course for the aggregate used in the work. Rate: The rate shall include the cost of labour and equipments required, delivery of materials at site, quality tests and all the operations mentioned above, unless specified otherwise. I4 Blinding Materials Supplying, stacking and rolling of granular blindin g material Stacking of blinding materials: The ground where stacks are proposed to be made, shall be dressed to a uniform slope and all lumps, depressions etc. shall be removed. Quarry dust shall be stacked in convenient units of one cubic metre. The stacks shall be made with wooden boxes open at both ends and of 2 x 2 x 0.25 m dimensions. These shall always be kept at site for stacking and measurement. The stacks shall be uniformly distributed along the road. The supply of quarry dust shall be completed for the entire work or for a complete length of one (1) km or as directed by the Project Manager. Rolling of blinding material: After wet rolling of the road surface each surface shall be tested with a 3m straight edge laid parallel to the centre line of the road and any irregularity shall be

Section VII: Specifications and Performance Requirements 100

corrected by loosening the surface and re-compacting the same after adding or removing materials as required. The rolling shall be done minimum of four passes or till a hard smooth solid surface is obtained. Finished surface shall give a uniform appearance and the road shall be closed to traffic till next day or lapse of 24 hours. Material Requirements Aggregate/quarry dust conforming to the following grading from the approved quarry with PI max. of 6 shall be spread evenly over the surface, watered and rolled to fill all surface voids. Clay material sticking to the wheels shall be removed and discarded. Sieve Size (mm) Percentage passing by weight

63 - 40 100 31.5 100 20 100 10 40-70 5 26-55 2.36 21-43 0.6 12-28 0.075 2-10 Measurement: Length and breadth of boxes shall be measured correct to a cm. Volume shall be calculated in cubic metres, correct to two places of decimal. The area shall be multiplied by the thickness of blinding material i.e. 25 mm thick laid over the base-course to calculate the volume of blinding material used. Rate: The rate shall include the cost of materials and labour involved, delivery of materials at site, quality tests and all the operations described above including all royalties, fees, and incidentals to complete the work to the specifications. Superelevation A super elevation of 8% shall be maintained throughout the length of the road where base or subbase would be laid by gradually raising the outer edge above the inner edge of the carriage way at a uniform rate till the designed super elevation is achieved.

Section VII: Specifications and Performance Requirements 101

Section VIII. Drawings

Section VII: Specifications and Performance Requirements 102

Section VII: Specifications and Performance Requirements 103

Section VII: Specifications and Performance Requirements 104

Section VII: Specifications and Performance Requirements 105

Section IX: Bill of Quantities 107

Section IX. Bill of Quantities Sl. #.

Code No. Description of Items Unit Quantity Rate (Nu) Am ount

1 C1

Excavation in foundation trenches or drains, not exceeding 1.5m in width or area 10 Sq.m on plan, and depth > 300 mm including dressing and ramming, disposal of surplus soil within 50m lead & 1.5m lift-Ordinary rock with or without blasting. cum.

1,530.68

2 C2

Filling of trenches, sides of foundations, etc in a layers < 200 mm using selected excavated earth, ramming etc. within lead 50 m & lift 1.50 m.

cum. 862.38

3 E1

Providing and laying hand packed stone filling or soling with stones

cum.

396.18

4 D2

Providing and laying in position PCC. excl. the cost of centering & shuttering - All work up to plinth level.- 1:3:6 (20 mm aggregates) cum.

46.77

5 D3

Providing and laying in position PCC.excl. the cost of centering & shuttering - All work up to plinth level.- 1:5:10 (40 mm aggregate)

cum.

29.93

6 E2

Providing and laying Random Rubble Masonry in CM:1:6

cum. 1,156.58

7 E3

Dry hand packed rubble masonry hammer dressed (Facing) with stone boulder > 0.04 Cu.m.

cum.

232.75

8 F1-1

Providing and laying in position Reinforced cement concrete excl. the cost of centering and shuttering - 1:2:4, 20mm aggregates cum.

61.20

9 F1-2

P& fixing centering & shuttering incl. strutting, propping etc. & removal of formwork in foundation plinths etc.

Sqm. 90.76

Section IX : Bill of Quantities 108

10 F2

Providing and fixing Thermo - Mechanically Treated reinforcement bar (Yield Strength 500 MPa) for R.C.C. work incl. cutting, bending, binding & placing in position complete.

Kg 1,679.15

11 H1

Providing and laying NP2 class R.C pipes, including collars, jointing in cement mortar 1:2 including testing of joints etc. complete-900mm diameter as per specifications and drawings.

M 100.00

12 H4

Construction of L- shaped RRM drain in cement mortar 1:4, stone soling 150 mm thick, 100mm thick PCC concrete base 1:3:6, 20 mm aggregate, including 20mm cement plaster with a floating coat of neat cement including excavation/filling, delivery of materials and disposal of surplus earth complete as per specifications and drawings. M 6,500.00

13 I1

Preparation of subgrade with the specified camber/ cross-fall by excavating earth to a minimum depth of 325 mm and width as per the specification and drawings compacted to the specified density including disposal of surplus earth upto 50 m lead. Sqm. 25,025.00

14 I2

Providing and laying Granular Sub-base (GSB) course of specified material gradation and quality of aggregates, to specified cross-fall and layer thickness and to the required degree of compaction, completed to specification and drawings. cum. 1,470.00

15 I3 &I4

Laying wearing course including screening, sorting, spreading to template and consolidation with stone aggregates and blinding materials as per specifications and drawings. cum. 4,504.00

TOTAL AMOUNT (Nu.)

Section X: Security Forms 109

Section X. Security Forms

Notes on Forms of Securities Samples of acceptable forms of Bid, Performance, and Advance Payment Securities are provided in this section. Bidders should not complete the Performance and Advance Payment Security forms at this stage of the procurement process. Only the successful Bidder will be required to provide these two securities.

Section X: Security Forms 110

Form of Bid Security (Bank Guarantee) [The Bank/Bidder shall fill in this Bank Guarantee form in accordance with the instructions indicated in brackets .] ________________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Employer]

Date: ________________

BID GUARANTEE No.: _________________

We have been informed that [name of the Bidder] (hereinafter called "the Bidder") has submitted to you its Bid dated (hereinafter called "the Bid") for the execution of [name of contract] under Invitation for Bids No. [IFB number] (“the IFB”).

Furthermore, we understand that, according to your conditions, Bids must be supported by a Bid Guarantee.

At the request of the Bidder, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:

(a) has withdrawn its Bid during the period of Bid validity specified by the Bidder in the Form of Bid; or

(b) having been notified of the acceptance of its Bid by the Employer during the period of Bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Bidders.

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the Contract signed by the Bidder and the Performance Security issued to you upon the instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the successful Bidder; or (ii) 30 days after the expiration of the Bidder’s Bid.

Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

_____________________________

[signature(s)]

Section X: Security Forms 111

Performance Demand Bank Guarantee (Unconditional)

[The bank/successful Bidder providing the Guarantee shall fill in this form in accordance with the instructions indicated in brackets.]

[bank’s name, and address of issuing branch or office] Beneficiary: [name and address of Employer] Date: [date] PERFORMANCE GUARANTEE No.: [Performance Guarantee number] We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into Contract No. [reference number of the Contract] dated [date of Contract] with you, for the execution of [name of Contract and brief description of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]),32 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without you needing to prove or to show grounds for your demand or the sum specified therein. This guarantee shall expire no later than 30 days from the date of issuance of the Certificate of Completion, calculated based on a copy of such Certificate which shall be provided to us, or on the [number] day of [month], [year],33 whichever occurs first. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. The Guarantor agrees to a one-time extension of this Guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the Guarantee. _____________________ [signature(s) of an authorized representative(s) of the bank ]

32 The Guarantor (bank) shall insert an amount representing the percentage of the Contract Price specified in the Contract

and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer. 33 Insert the date 30 days after the expected Completion date. The Employer should note that in the event of an extension of

the time for completion of the Contract, the Employer would need to request an extension of this Guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the Guarantee.

Section X: Security Forms 112

Bank Guarantee for Advance Payment The bank/successful Bidder providing the Guarantee shall fill in this form in accordance with the instructions indicated in brackets. [bank’s name, and address of issuing branch or office] Beneficiary: [name and address of Employer] Date: [date] ADVANCE PAYMENT GUARANTEE No.: [number] We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into Contract No. [reference number of the contract] dated [date of Contract] with you, for the execution of [name of contract and brief description of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, an advance payment is to be made against an advance payment guarantee in the sum or sums indicated below. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]34) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the Advance Payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the Advance Payment referred to above must have been received by the Contractor in its account number [account number] at [name and address of Bank]. The maximum amount of this guarantee shall be progressively reduced by the amount of the Advance Payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the Interim Payment Certificate indicating that eighty percent (80%) of the Contract Price has been certified for payment, or on the [number] day of [month], [year],35 whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. We agree to a one-time extension of this guarantee for a period not to exceed [6 months][1 year], in response to

34 The Guarantor shall insert an amount representing the amount of the Advance Payment and denominated either in the

currency(ies) of the Advance Payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer.

35 Insert the expected expiration date of the Time For Completion. The Employer should note that in the event of an extension of the Time For Completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee.

Section X: Security Forms 113

the Employer’s written request for such extension, such request to be presented to us before the expiry of the guarantee. _____________________ [insert signature(s) of authorized representative(s) of bank]

Section X: Security Forms 114

Invitation for Bids

SAMPLE FORMAT FOR INVITATION FOR BIDS

Invitation for Bids (IFB)

Bhutan

[ insert name of Project ]

[ insert IFB title and Number ]

1. This Invitation for Bids follows the General Procurement Notice for this Project that appeared in [insert name of publication] of [insert date].36 2. The [insert complete name of Employer] now invites sealed Bids from eligible and qualified Bidders for [insert brief description of the Works to be procured, including quantities, location of Project, etc].37 The period for execution of the assignment is [insert number of days/months/years or dates]. 2. Bidding will be conducted through the International/National [insert whichever is appropriate] Competitive Bidding procedures specified in the RGoB Procurement Manual, and is open to all Bidders from Countries as defined in Section III of the Bidding Documents38.

3. Interested eligible Bidders may obtain further information from [insert complete legal name of Employer and name and e-mail address of officer in charge] and inspect the Bidding Documents at the address given below [state address at end of this IFB] from [insert office hours]39. .

4. Qualifications requirements include: [insert key technical, financial, legal and other requirements]. A margin of preference for eligible national contractors/joint ventures/consortia/associations may be applied. 5. A complete set of Bidding Documents in [insert name of language(s)] may be purchased by interested Bidders on the submission of a written Application to the address below and upon payment of a non refundable fee40 [insert amount in local currency] or in [insert amount in specified convertible currency]. The method of payment will be [insert method of payment]41. The Bidding Documents will be sent by [insert delivery procedure]42.

36 This sentence should be deleted if no General Procurement Notice was published. 37 A brief description of the type(s) of Works should be provided, including quantities, location of Project, and other information

necessary to enable potential Bidders to decide whether or not to respond to the Invitation 38 Occasionally, contracts may be financed out of special funds that would further restrict eligibility to a particular group of

countries. When this is the case, it should be mentioned in this paragraph 39 For example, 9.00 AM to 5.00 PM. 40 The fee should defray the printing and delivery; it should not be so high as to deter competition. 41 For example, cashier’s check, direct deposit to specified account number, etc. 42 The delivery procedure should be by courier for overseas delivery and surface mail or courier for local delivery.

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7. Bids must be delivered to the address below at or before [insert time and date]. Electronic bidding [insert “shall” or “shall not”] be permitted. Late Bids will be rejected. Bids will be opened physically [insert “and electronically” if electronic bidding is permitted] in the presence of the Bidders’ representatives who choose to attend in person or on-line at the address below at [insert time and date].

8. All Bids shall be accompanied by a Bid Security of [insert amount in local currency or an equivalent amount in a freely convertible currency, or a minimum percentage of Bid price].43

9. The address(es) referred to above is(are): [insert detailed address(es) including complete legal name of the Employer, Office designation (room number) , name of Officer, Street address, City (code), Country; insert electronic address if electronic bidding is permitted; insert different addresses if addresses for purchase of Bidding Documents, Bid submission and Bid opening are different]

43 The amount of Bid Security should be stated as a fixed amount.

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APPENDIX A

INTEGRITY PACT FORM General

1. Whereas (Name of Person) representing the ( Name of Agency ), Royal Government of Bhutan, herein after referred to as the Employer on one part and ( Name of Contractor ) representing the ( Name of Bidder ) as the other part hereby execute this agreement as follows:

This agreement should be a part of the tender document, which shall be signed and submitted along with the tender document. The head of the employing agency/ or his authorized representative should be the signing authority. For the bidders, the bidder himself or his authorized representative must sign the integrity pact (IP). If the winning bidder had not signed during the submission of the bid, the tender shall be cancelled.

2. Objectives

Now, therefore, the employer and bidder agree to enter into pre-contract agreement, hereinafter referred to as Integrity pact, to avoid all forms of corruption by following a system that is fair, transparent and free from any influence/unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into, with a view to:

2.1 Enabling the Employer to obtain the desired contract at a reasonable and competitive price in conformity to the defined specifications of the works, goods and services, and

2.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also refrain from bribing and other corrupt practices and the employer will commit to prevent corruption, in any form by their officials by following transparent procedures.

3. Commitments of the Employer:

The Employer Commits itself to the following:

3.1 The Employer hereby undertakes that no officials of the Employer, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favor or any materials or immaterial benefit or any other advantage from the bidder, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

3.2 The Employer further confirms that its officials has not favored any prospective bidder in any form that could afford an undue advantage to that particular bidder during the tendering stage, and will further treat all bidders alike. All the officials of the Employer shall report to the Employing agency of and appropriate Government office any attempted completed violation of clause 3.1 and 3.2.

3.4 Following report on violation of clauses 3.1 and 3.2 by officials (s), through any source, necessary disciplinary proceeding, or any other action as demand fit, including criminal proceedings may be initiated by the Employer and such a person shall be debarred from further dealings related to the contract process. In such a case

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while an enquiry is being conducted by the Employer the proceedings under the contract would not be stalled.

4. Commitments of Bidders The bidders commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contact or post –contact stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following: 4.1 The bidder will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contact.

4.2 The bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, or otherwise in procuring the contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favor or disfavor to any person in relation to the contract or any other contract with Government.

4.3 The bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

4.4 the bidder, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made is committed to or intends to make to officials of the Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

5. Sanctions for Violation

The breach of any aforesaid provisions or providing false information by Employer, including manipulation of information by evaluators, shall face administrative charges and penal actions as per the existing relevant rules and laws. The breach of the pact or providing false information by the bidder, or any one Employed by him, or acting on his behalf (whether with or without the knowledge of the bidder), or the commission of any offence by the bidder, or any one employed by him or action on his behalf, shall be dealt with as per the provisions of the Penal Code of Bhutan, 2004, and the Anti-Corruption Act, 2006. The Employer/relevant agency shall also take all or any one of the following actions wherever required:

5.1 To immediately call off the pre-contact negotiations without giving any compensation to the bidder. However, the proceedings with the other bidder(s) would continue.

5.2 To immediately cancel the contract, if already awarded/signed, without giving any compensation to the bidder.

5.3 The Earnest money/Security Deposit shall stand forfeited. 5.4 To recover all sums already paid by the Employer.

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5.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the bidder, in order to recover the payments, already made by the employer, along with interest.

5.6 To cancel all or any other contracts with the bidder. 5.7 To debar the bidder from entering into any bid from the Government of Bhutan as per

the Debarment Rule. 6. Conflict of Interest 6.1 A conflict of interest involves a conflict between the public duty and private interests

(for favor or vengeance) of public official, in which the public official has private interest which could improperly influence the performance of their official duties and responsibilities. Conflict of interest would arise in a situation when any concerned members of both the parties are related either directly or indirectly or has any association or had any confrontation. Thus conflict of interest of any tender committee members must be declared in a prescribed from (sample form attached).

6.2 The bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any committee member, and if he does so, the Employer shall be entitled forthwith to rescind the contract and all other contracts with the bidder.

Examination of Books of Accounts 7. Incase of any allegation of violation of any provisions of this Integrity Pact or payment

of commission, the Employer /authorized persons or relevant agencies shall be entitled to examine the Books of Account of the bidder and the bidder shall provide necessary information of the relevant financial documents and shall extend all possible help for the purpose of such examination.

8. Monitoring and Arbitration 8.1 The respective procuring agency shall be responsible for monitoring and arbitration of

IP as per the Procurement Rules. 9. Legal Actions. 9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

10 Validity 10.1 The actions stipulated in this Integrity Pact shall cover the tender process and extend

until the completion of the contract to the satisfaction of both the Employer and the Bidder.

10.2 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 intentions.

We, hereby declare that we have read and understood the clauses of this agreement and shall abide by it. Further, the information provided in this agreement are true and correct to the best of our knowledge and belief.

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The parties hereby sign this Integrity Pact at ______________________________on ________________ _______________________________ _______________________________ EMPLOYER BIDDER Witness: Witness: 1. ___________________________ 1. ___________________________

(Legal Officer/Internal Auditor)

Note: For the purpose of bid submission, the bidder s are instructed to reproduce the Integrity Pact Form.

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DECLARATION OF CONFLICT OF INTEREST (Sample)

Name of the Committee member/ Committee __________________________________________ Subject___________________________________________________________________ Date: ______________ Financial Interest: __________________________________________________________________________ Close Personal Relationship: __________________________________________________________________________ Other Potential of Interest/Enmity: I hereby declare that the above details are correct to the best of my knowledge and I make this conflict interest declaration in good faith.

Signature (Employee) Date: ____________

(To be filled by Chairperson of the Committee)

I hereby declare that I have received and appropriately noted this conflict of interest to be: Actual Perceived Potential Pecuniary Non-pecuniary (Additional remarks) e.g whether or not to let the individual participate in the official dealing after noting the conflict)

Signature (Chairperson)

Date: ____________

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Brief descriptions of the types of conflict of inte rest Financial/Pecuniary interests Money does not need to change hands for an interest to be pecuniary/financial. People have a pecuniary/financial interest if they (or a relative or other close associate) own property, hold shares, have a position in a company bidding for government work, or receive benefits (such as concessions, discounts, gifts or hospitality) from a particular source. Or when there was actual exchange of cash in the form of loan or lending of money between the two parties. Close Personal Relationship: Close Personal Relationship should include anyone who is related through blood. Other Personal Relationship: Other personal relationship should include everyone who enjoys intimate relationship like family doctors, lawyers, and close friends. Enmity Conflict of Interest not only occurs in the form of good relations, it can equally or more seriously occur in the situation of enmity. Conflicts of interest can be actual, perceived or potential. • An actual or apparent conflict of interest involves a direct conflict between a public

official’s current duties and responsibilities and existing private interests. • A perceived or apparent conflict of interest can exist where it could be perceived,

or appears, that a public official’s private interests could improperly influence the performance of their duties – whether or not this is in fact the case.

• A potential conflict of interest arises where a public official has private interests that could conflict with their official duties in the future.