VOLUME I OF II COMMERCIAL VOLUME - Assam Gas Company Ltdassamgas.org/pdf/19102016/WATERTANK-BID-19102016.pdf · (staging) and base of External flange type rectangular overhead PS

Page1

VOLUME – I OF II

COMMERCIAL VOLUME

FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016

INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)

AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR

OVERHEAD PS WATER TANK

Address for Communication :

Assam Gas Company Ltd., Duliajan

P O Duliajan, Dist. Dibrugarh,

Assam PIN 786602

Tel. : 0374 2800558

0374 2800 463/466 Ext. 217

Fax : 0374 2800557

Email : www.assamgas.org

http://www.assamgas.org/

Page2

(For web publication)

No. MWP/CIVIL/984/24 Date: 04/10/2016

TENDER NOTICE

Sealed tenders are invited from Certified/ Competent inspecting agency having

sufficient experience in Design/Inspection of steel structures etc. in two bids (i.e. technical

and commercial) system for the following work and will be received by the Managing

Director, Assam Gas Company Ltd, Duliajan on 27/10/2016 up to 2.00 p.m. The bids will

be opened on the same day at 2.15 p.m. in presence of the bidders or their authorized

representatives. In case 27/10/2016 remains bundh / holiday etc. the bids will be opened on

the next working day at the same timing. No other documents will be taken into

consideration except those found during the time of opening bids and duly verified and

signed by the Tender opening committee members.

Name of Work Time of

Completion

Earnest

Money

Inspection (Visual and NDT) of 01No.MS structure

(staging) and base of External flange type rectangular

overhead PS water tank, capacity 175.00 KL of

staging height 12.00m and to submit a detailed report

with recommendations for renovation/ replacement

etc.

30(Thirty)

Days

Rs. 3,000.00

The complete set of specification, blank SOR etc. and other conditions of contract

may be downloaded from the tender section of the website of the company,

www.assamgas.org from 24/10/2016 to 25/10/2016 and duly filled tender documents should

be submitted along with a non refundable tender fee of Rs 1000/- in the form of A/C payee

DD favoring Assam Gas Co. Ltd. payable at Duliajan.

Documents to be submitted along with the Tender:

Copy of following documents duly attested by a class 1 Gazetted Officer:-

1) Certificate/ authorization to act as inspecting agency from appropriate Govt. authority.

2) Experience certificate for Design/Inspection of steel structures/ columns etc. with copy of

contract/PO [not earlier than 2012] from Govt./PSU/ Corporate client of repute.

3) Up to date Solvency certificate from any nationalized bank.

4) Copy of PAN card, Service Tax registration no & VAT registration for composite work.

Failing which the tender may be rejected forfeiting the earnest money deposit. Original

document(s) may be called as and when necessary.

Earnest money : To be submitted in the shape of Bank Draft/ Banker’s Cheque in favour of

Assam Gas Company Ltd., along with the tender.

Validity period :- Tender must be valid for 6(six) months from the date of submission of

tender .


Page3

Before submission of tender, the bidders may inspect the location and extent of

work at his own cost, from 20/10/2016 to 26/10/2016 during office hours.

All materials, tools, plants, labour etc. have to be arranged by the successful

bidder at his own cost. The bidder must arrange for safety measures including insurance of

workers and proof of the same has to be produced before commencement of work.

Duly filled and sealed tenders shall be submitted in the manner prescribed in the

tender documents. Tenders shall be received at the corporate office of AGCL, Duliajan from

10.00AM to 2.00PM on 27/10/2016. The tenders will be opened on the same day at 2.15

PM

Unless specified otherwise, all other terms and conditions will be as per

prevailing condition of tender and contract of the company.

The management of AGCL reserves the right to accept or reject any or all

tender(s) or may split in part(s) without assigning any reason thereof.

(A K Sharma)

MANAGING DIRECTOR

Page4




Contents for all volumes of Bid Documents

Sl. No. DESCRIPTION

DOCUMENT NO.

1 COMMERCIAL PART Volume I of II

2 TECHNICAL PART Volume II of II

Page5

SECTION I

INVITATION FOR BID (IFB)

NOTICE OF INVITATION FOR BIDS FOR





Page6

1. INTRODUCTION

1.1 Assam Gas Company Ltd. [hereinafter mentioned as AGCL or OWNER], a Govt. of

Assam Undertaking and an ISO 9001 :2000 company, was established on March 31,1962

in Shillong as a private limited wholly owned by the Government of Assam to carry out

all kinds of business related to natural gas in India. It has its present headquarters in the

OIL town of Duliajan in the district of Dibrugarh, Assam, India.

2. BRIEF DESCRIPTION OF WORK

Inspection (Visual and NDT) of 01No.MS structure ( staging) and base of External

flange type rectangular overhead PS water tank, capacity 175.00 KL of staging height

12.00m and to submit a detailed report with recommendations for renovation/

replacement etc.

3 BRIEF SCOPE OF BID

3.1 The brief scope of work includes in general to complete Inspection (Visual and NDT) of

175.00 KL overhead P.S water tank in AGCL, Duliajan Industrial area. All the

instruments and workmanship as per the IS code mentioned in the tender paper. Detailed

scope of work is defined in technical volume II of II of bid document. It must be clearly

understood that each and every activity of works should be completed by the contractor

in all respects, including supply of tools, plants, equipments and necessary manpower

and their accommodation etc. thereof.

3.2 No extra claims will be allowed for items or activities which are required to be

completed and make the facility fully operational as per the Scope of Work as defined in

the bid documents.

4. TIME SCHEDULE:

The completion period for complete scope of work shall be 30 (Thirty) Days from

the date of issue of Letter of Intent.

5. BIDDER’S QUALIFICATION CRITERIA

5.1 Technical

5.1.1 Bidder must have Certificate/ authorization to act as inspecting agency for similar work

from appropriate Govt. authority.

5.1.2 The Bidder should have successfully completed Design/Inspection of steel structures/

columns etc. which include at least 1 (one) PS overhead tank with copy of contract/PO

[not earlier than 2012] from Govt./PSU/ Corporate client of repute.

5.1.2 Qualified according to necessary documents vide clause 11.2.1

5.2 COMMERCIAL

5.2.1 The average annual turnover during the last three years, ending 31st march of the

previous financial year, should be at least Rs.

Page7

The Bidder shall be required to submit the Work order, Completion certificates

confirming the scope of work and audited financial results to substantiate their

claims for meeting the above criteria.

6. DETAILS OF BID DOCUMENT

NIT No

MWP/CIVIL/984/24 Dated 04/10/2016

Bid Document for

download

from 24/10/2016 to 25/10/2016 from company’s website

www.assamgas.org

Bid Due Date on 27/10/2016 up to 2.00 p.m

Un-priced Bid Opening At 2-15p.m. on 27/10/2016

Venue of Bid Submission In the Conference Room of the corporate office of Assam

Gas Company Ltd, Duliajan, Assam

Bid Document Fee (non

refundable)

Rs. 1,000.00 in the form of A/C payee DD favoring Assam

Gas Co. Ltd. payable at Duliajan. The fee is non-

refundable.

7 BID VALIDITY:

7.1 Bid should be valid for Six months from the date of submission.

8 BID SECURITY (Earnest Money Deposit)

8.1 All bids must be accompanied by a bid security (EMD) of Rs. 3,000.00. The EMD

should be in the shape of Bank Draft or Banker’s Cheque from any Nationalized bank,

pledged in favour of ‘Managing Director, Assam Gas Company Ltd.’

9.0 GENERAL

9.1 AGCL reserves the right to reject any or all the bids received at its discretion without

assigning any reason whatsoever.

9.2 Bidders to quote for complete scope of work as per bid document.

9.3 Bid document is non-transferable and the bidder to whom the document is issued, should

submit the bid in his/ her own name.

9.4 Bids received through Fax/ E-mail, shall be rejected.

9.5 AGCL will not be responsible for cost incurred in preparation and delivery of bids.

.

Chief Manager & HOD [SERVICES]

FOR MANAGING DIRECTOR

ASSAM GAS COMPANY LTD., DULIAJAN

Page8

[AGCL]

SECTION II

INSTRUCTIONS TO BIDDERS (ITB)

Page9

INSTRUCTIONS TO BIDDERS

GENERAL

1.0 SCOPE OF BID:

1.1. The Owner, wishes to receive bids as described in the Bidding Documents.

1.2. The successful bidder will be expected to complete the Works within the period stated in

Special Conditions of Contract.

1.3. Throughout these bidding documents, the terms “bid” and “tender” and their derivatives

(“bidder/ tenderer”, “bid/ tendered”, “bidding/ tendering”, etc.) are synonymous, and day

means calendar day. Singular also means plural.

1.4. SCOPE OF BID: Detailed Scope of Work has been defined in Volume – II of II of bid

document.

2.0 ELIGIBLE BIDDERS:

2.1. Bidder, as part of their bid, shall submit a written power of attorney authorizing the

signatory of the bid to commit the bidder.

2.2. A bidder shall not be affiliated with a firm or entity:

I. that has provided consulting services related to the work to the Owner during

the preparatory stages of the works or of the project of which the works form

a part,

or

II. That has been hired by the Owner as engineer/owner’s representative for the

contract.

2.3. The bidder shall not be under a declaration of ineligibility by OWNER for corrupt or

fraudulent practices as defined in ITB clause no.43.0.

2.4. Further, the bidder and/or its subcontractor should not be on Holiday by AGCL or black

listed by any government department/ public sector.

3.0 BIDS FROM CONSORTIUM

3.1. Not Applicable

4.0 ONE BID PER BIDDER

4.1. A bidder shall submit only one bid in the same bidding process.

4.2. Alternative bids are not acceptable.

5.0 COST OF BIDDING

5.1. The bidder shall bear all costs associated with the preparation and submission of the bid,

and OWNER, will in no case be responsible or liable for this cost, regardless of the

conduct or outcome of the bidding process.

6.0 SITE VISIT

6.1. The bidder is advised to visit and examine the site or / locations of works and its

surroundings and obtain for itself at its own responsibility all information that may be

necessary for preparing the bid and entering into the Contract. The cost of visiting the

site shall be at the bidder’s own expense.

6.2. The bidder or any of its personnel or Authorized Representatives will be granted

permission by the Owner to enter upon its premises and land for the purpose of such

visits, but only upon the express condition that the bidder, its personnel, and Authorized

Representatives will release and indemnify the Owner and its personnel and Authorized

Representatives from and against all liabilities in respect thereof, and will be responsible

Page10

for death or personal injury, loss of or damage to property, and any other loss, damage,

costs, and expenses incurred as a result of inspection.

7.0 CONTENT OF BIDDING DOCUMENT

7.1. The Bidding Documents are those stated below and should be read in conjunction with

any addenda issued in accordance with clause 9.0 of ITB:

Volume – I : Commercial Volume

Section-I : Invitation for Bid (IFB)

Section-II : Instruction to Bidders (ITB)

Attachment I : Forms and Formats

Section-III : General Conditions of Contract (GCC)

Section-IV : Special Conditions of Contract (SCC)

: Annexure to SCC

Section-V : Schedule of Rates

Volume II : SCOPE & Technical Specifications

7.2. The bidder is expected to examine all instructions, forms, terms, specifications and

drawings in the bidding documents. The invitation for bid (IFB) together with all its

attachment thereto, shall be considered to be read, understood and accepted by the

bidder. Failure to furnish all information required by the Bid Documents or submission

of a bid not substantially responsive to the Bidding Documents in every respect will be at

bidder’s risk and may result in the rejection of the Bid.

8.0 CLARIFICATION ON BID DOCUMENTS

8.1. A prospective bidder requiring any information or clarification of the Bidding

Documents, may notify the Owner in writing through HOD(Services). All question/

queries should be referred to Owner at least 07 (seven) days before scheduled date of

submission of the bid.

9.0 AMENDMENT OF BID DOCUMENTS

9.1. At any time prior to the deadline for submission of bids, the Owner may, for any reason,

whether on its own requirement or in response to a clarification requested by prospective

bidders, modify the Bidding Documents by issuing addenda.

9.2. Any addendum thus issued shall be part of the Bidding Documents pursuant to ITB

Clause- 7.1 and shall be notified in writing by fax/post to all prospective bidders who

have received the bidding documents. Prospective bidders shall promptly acknowledge

receipt of each addendum by fax/post to the Owner. The addendum may also be hosted

on the website http://www.assamgas.org

9.3. The Owner may, at its discretion, extend the date of submission of Bids in order to allow

the bidders a reasonable time to furnish their most competitive bid taking into account

the amendments issued.

PREPARATION OF BIDS

10.0 LANGUAGE OF BID

10.1. The Bid prepared by the bidder, all correspondence / drawings and documents relating to

the bid exchanged by the bidder with the Owner shall be in English Language.


Page11

11.0 DOCUMENTS COMPRISING THE BID

11.1. The bid prepared by the bidder shall comprise the following:

11.2. Envelope- I: Super scribing – “Techno-Commercial Un price-Bid” (PART-

I) : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)

AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS

WATER TANK.

11.2.1. Part – I, Techno-commercial/Un-priced Bid shall contain the following:

(i) Covering Letter

(ii) Bidder’s General Information as per format F-1.

(iii) Bid Form as per format F-2.

(iv) List of Enclosures as required in F-3 and supporting documents for F- 3A

(Annual report along with the details such as, Balance Sheet, Annual turnover,

P&L A/C Sheet etc. for the last three years.)

(v) Deviations as per Format F-4 (optional)

(vi) Work Experience along with the copy of Contract / PO as per format F-5.

(vii) Solvency certificate as per Format F - 6

(viii) Details of Sub-contractors as per format F-7. (optional)

(ix) Upto date EPF Registration as per format F-8

(x) Bid Security as per format F – 9

(xi) Letter of Authority as per format F-10 (optional)

(xii) Up to date Labour Licence as per format F-11

(xiii) Photo-copy of PAN.

(xiv) Copy of the tender documents duly signed & stamped as a token of acceptance

of all terms & conditions of the tender document.

(xiv) Any other information required as per the Bidding Documents.

11.3. Envelope II: Super scribing “Price Bid – Not to Open with Techno – Commercial

Un priced Bid”- PART – II : INSPECTION (VISUAL AND NDT) OF 01NO. MS

STRUCTURE (STAGING) AND BASE OF EXTERNAL FLANGE TYPE

RECTANGULAR OVERHEAD PS WATER TANK.

11.3.1. Part – II: Price Bid shall contain only original Schedule of Rates (SOR), in separate

sealed envelopes duly filled legibly by both in words and figures, signed and stamped on

each page. In case of any correction, the bidders shall put his signature and his stamp.

11.4. Envelope III; Super scribing “Bid Security & Tender Fee”- PART-III :



WATER TANK.

11.4.1. Part-III: Bid Security shall contain one original and three copy of Bid

security in separate sealed envelopes. Bid security in accordance with Clause 15.0 of

“ITB” to be furnished only be in the shape of Bank Draft / Bankers’ Cheque from

any Nationalized bank, pledged in favour of ‘Managing Director, Assam Gas

Company Ltd.’ as per format F-9. The Tender fee shall contain the original copy in a

separate sealed envelope and shall be in the form of A/C payee DD favoring Assam

Gas Co. Ltd. payable at Duliajan.

Page12

12.0 BID PRICES

12.1. The bidder shall indicate on the appropriate format for “Schedule of Rates (SOR)”

enclosed as part of Bidding Document. If quoted in separate typed sheets and any

variation in item description, unit or quantity is noticed, the bid may be liable to be

rejected.

12.2. Unless stated otherwise in the Bidding Documents, the Contract shall be for full scope of

work ( part wise) as described in the Bidding documents for the specified Section(s) (as

specified in IFB) for which the Bidder intends to quote based on the prices in the

“Schedule of Rates”. Bid for part scope of work for quoted section(s) shall not be

considered & shall be rejected.

12.3. Prices quoted by the bidder, shall remain firm, fixed, and valid until completion of the

contract and will not be subject to any variation whatsoever.

12.4. The bidder shall quote for full scope of work under Schedule of Rates after careful

analysis of cost involved for the performance of complete scope considering all parts of

the Bidding Documents. In case, any activity though specification has not covered but

same is required to complete the work as per scope of work specifications, standards,

drawings, GCC, SCC or any other part of Bidding Document, the prices quoted shall

deemed to be inclusive of cost incurred for such activity.

12.5. The prices quoted by the bidder shall be inclusive of all taxes, duties including custom

duty, levies, Works Contract Tax, Turnover tax or any other statutory payment

payable by the contractor under the Contract for total scope of work except Service

Tax.

12.6. Owner will not issue the concessional form for CST/LST on request.

12.7. Bidders shall indicate the following in the price bid:

12.7.1. Schedule of rates (including rates duly filled in for each item). In case, rate for any

activities are not filled in, the total price quoted for the package shall be deemed to be

inclusive of cost incurred for such activity.

12.7.2. The bidder‘s offer shall be evaluated with Service tax (as per latest norms of the

government). Bidders can claim the Service Tax against submission of Service Tax

invoice as per rule 4A of Service tax. Owner will claim Cenvat benefit on Service tax

invoices from concerned authorities.

12.7.3. Discount, if any, must be indicated in the Schedule of Rates only. Conditional discount,

if offered shall not be considered for evaluation.

13.0 BID CURRENCY:

13.1. Bidders should submit bid in Indian Rupees only and will receive payment in the same

currency.

14.0 PERIOD OF VALIDITY OF BIDS

14.1. The bid shall remain valid for acceptance for six (6) months from the bid due date.

Owner shall reject a bid valid for a shorter period being non-responsive.

14.2. In exceptional circumstances, prior to expiry of the original bid validity period, the

Owner may request that the bidder extend the period of validity for a specified additional

period. The requests and the responses thereto shall be made in writing (by fax/post/e-

mail). A bidder may refuse the request without forfeiture of its bid security. A bidder

agreeing to the request will not be required or permitted to modify his bid, but will be

required to extend the validity of its bid security for the period of the extension and in

accordance with ITB clause 15.0 in all respects.

Page13

15.0 BID SECURITY

15.1. Pursuant to clause 8 of IFB, the bidder shall furnish, as part of its Bid, a Bid Security in

the amount specified in the IFB.

15.2. The bid security is required to protect the Owner against the risk of bidder’s conduct,

which would warrant the bid security’s forfeiture, pursuant to clause 15.10 of ITB.

15.3. The bid security shall be in the form of Bank Draft / Bankers’ Cheque pledged in favour

of Managing Director, Assam Gas Company Ltd. payable at Duliajan (issued by Indian

Nationalized/Scheduled bank) as per format enclosed ( F-9).

15.4. AGCL shall not be liable to pay any bank charges, commission or interest on the amount

of bid security.

15.5. Tender will not be valid without proper Bid security

15.6. The bid security shall be valid for eight (8) months i.e. two (02) months beyond the

validity of the bid as specified in Clause 14.0 of ITB.

15.7. Any bid not secured in accordance with clause 15.1 and 15.3 may be rejected by AGCL

as non-responsive.

15.8. Unsuccessful bidder’s bid security will be discharged or returned, as promptly as

possible but not later than 30 days after the expiration of period of bid validity prescribed

by AGCL pursuant to clause 14.0.

15.9. The successful bidder’s bid security will be discharged upon the bidder’s accepting the

order, pursuant to clause 36.0 of ITB and completion of the work successfully.

15.10. The bid security may be forfeited:

If a bidder withdraws its bid during the period of Bid validity.

In case of a successful bidder, if the bidder fails

to accept the award in accordance with clause 36.0 of ITB. OR

to accept the arithmetic corrections pursuant to clause 31.0 of ITB.

AND/OR

to complete the work successfully up to satisfaction of owner/ owner’s

representative.

15.11. Bid security should be in favour of AGCL and addressed to Managing Director. Bid

security must indicate the bid document and the work for which the bidder is quoting.

This is essential to have proper co-relation at a later date.

16.0 PRE-BID MEETING : Not applicable

17.0 FORMAT AND SIGNING OF BID

17.1. The bidder shall prepare one original of the document comprising the bid as per clause

11.0 of ITB marked “original”. In addition, the bidder shall submit two copies of the bid

clearly marked “copies”. In the event of any discrepancy between the original and the

copies, the original will govern.

17.2. The original and all copies of the bid shall be typed or written in indelible ink (in the

case of copies, photocopies are also acceptable) and shall be signed by the person or

persons duly authorized to sign on behalf of the bidder. The name and position held by

each person signing must be typed or printed below the signature. All pages of the bid

except any catalogues / literatures shall be signed and sealed by the person or persons

signing the bid.

17.3. The bid shall contain no alterations, omissions or additions, unless such corrections are

initialed by the person or persons signing the bid.

18.0 DEVIATIONS / MODIFICATIONS:

Page14

18.1. Owner / Owner’s representative will appreciate submission of offer based on the terms

and conditions in the enclosed GCC, SCC, ITB, Scope of Work, and Technical

Specification etc. to avoid wastage of time and money in seeking clarifications on

technical/ commercial aspect of the offer.

18.2. Deviation if any has to be listed only in the covering letter and Form 4 of the bid

document, by the bidder. Deviations listed anywhere else will not be considered and in

case of award of the job to the bidder, the job has to be completed in accordance with the

tender terms and conditions without any commercial implications to the Owner.

18.3. Notwithstanding to the above, bids with the following deviation(s) to the bid conditions

may be summarily rejected. However, Owner reserves the right to take the final decision

in this regard, without assigning any reason:

i. EMD / Bid Security

ii. Firm Price

iii. Scope of work

iv. Completion Schedule

v. Period of validity of bid.

vi. Price Reduction schedule

vii. Payment terms & conditions.

viii. Arbitration / Resolution of dispute

ix. Guarantee/Warrantee and Liability Clause.

x. Security Deposit

18.4 Any other condition specifically mentioned in the tender documents elsewhere that non

compliance of the clause may also lead to rejection of the bid.

19.0 PAYMENTS

19.1. Refer Annexure- IV of SCC

20.0 REPRESENTATIVES/ OWNER’S REPRESENTATIVES/ RETAINERS/

ASSOCIATES

20.1. Not applicable

SUBMISSION OF BIDS

21.0 SEALING AND MARKING OF BIDS

21.1. Bid shall be submitted in the following manner in separate sealed envelopes duly super

scribed as below:

Part - I – Techno-Commercial Un-Priced bid

Part - II - Priced Bid

Part - III - Bid Security

21.2. Techno-Commercial Un-priced Bid: (Part - I) Original Bid of Techno–commercial Un-

priced Bid shall be sealed in one separate envelope super scribing “Techno-Commercial

Un-Priced Bid for INSPECTION (VISUAL AND NDT) OF 01NO. MS

STRUCTURE (STAGING) AND BASE OF EXTERNAL FLANGE TYPE


“Original”. Each of three copies of Techno-Commercial un-priced Bid shall be sealed in

separate envelopes super scribing “Techno-Commercial Un-Priced Bid for



WATER TANK. “Copy”.

Page15

21.3. Price Bid: (Part - II) Original Price Bid shall be sealed in separate envelope super scribing

“Price Bid for INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE

(STAGING) AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR

OVERHEAD PS WATER TANK. “Original”.

21.4. Bid Security & Tender Fee: (Part - III) Original and each of three copies shall be sealed in

separate envelopes clearly super scribing “Bid Security/Tender fee for INSPECTION

(VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF

EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS WATER TANK.

“Original” or “Copy” as the case may be. These envelopes shall be further sealed as

detailed hereunder.

21.5 All three parts containing Techno-Commercial Un-priced Bids (One original plus

three copy), Original Price Bid and Bid security (One Original plus three copy) shall

further be sealed in one outer envelope super scribing “Bid for INSPECTION

(VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF

EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS WATER

TANK. superscribing bid Document Number and shall be addressed to Managing

Director at address mentioned in clause no. 22.1 below.

22.0 SUBMISSION OF BIDS

22.1. Original Bid (Techno-commercial Un-priced Bid, Price Bid, Bid Security & Tender Fee)

along with copy (Techno-commercial Un priced Bid, Bid security& Tender Fee) as

described in clause no. 21 above must be received by Owner on or before the bid due

date and time being specified in the NIT at the following Address:

Corporate Office


P O Duliajan, Dist. Dibrugarh,

Assam – 786 602

22.2. Each envelope shall indicate name and address of the bidder.

22.3. If the outer envelopes are not sealed and marked as above, the Owner will assume no

responsibility for the misplacement or premature opening of the bid.

22.4 The Bid must be submitted in the specified Bid-Box, placed in the lobby of AGCL

Corporate Office. Bid submitted in any other place/form will not be considered valid.

23.0 DEADLINE FOR SUBMISSION OF BID

23.1. The Bid must be received by Owner at the address as specified in Clause 22 above no

later than the time and date as specified in clause 6 of IFB.

23.2. The Owner may, in exceptional circumstances and at its discretion, on giving reasonable

notice by fax or any written communication to all prospective bidders who have received

the bid document extend the deadline for the submission of bids in which case all rights

and obligations of the Owner and bidders, previously subject to the original deadline will

thereafter be subject to deadline as extended.

24.0 LATE BIDS

24.1. Any bid received by the Owner after the deadline for submission of bid prescribed by the

Owner’s representative pursuant to clause 22 of ITB will be declared “Late” and hence

shall be rejected.

25.0 MODIFICATION AND WITHDRAWAL OF BIDS

25.1. The bidder may modify or withdraw its bid after the bid submission, but before the due

date of submission provided that written notice of the modification, including

Page16

substitution or withdrawal of the bid, is received by the Owner prior to the deadline

prescribed for submission of bids.

25.2. The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

delivered in accordance with the provisions of Clause 21.0 of ITB, with the outer

envelopes additionally marked “modification” or “withdrawal” as appropriate. A

withdrawal notice may also be sent by fax/post, but followed by signed confirmation

copy, post marked not later than the deadline for submission of bids.

25.3. No bid shall be modified after the deadline for submission of bid.

25.4. No bid shall be allowed to be withdrawn in the interval between the deadline for

submission of bids and the expiration of the period of bid validity specified by the bidder

on the bid form. Withdrawal of a bid during this interval shall result in the bidder’s

forfeiture of its bid security, pursuant to clause 15.10 of ITB.

BID OPENING AND EVALUATION

26.0 BID OPENING

26.1. UN-PRICED TECHNO – COMMERCIAL BID OPENING:

26.1.1. The Owner will open bids (Part - I & III) including withdrawals and modifications made

pursuant to clause 25 of ITB, in the presence of bidders’ designated representatives who

choose to attend, at date, time as stipulated in IFB at Owner’s address. The bidder’s

representatives who are present shall sign bid-opening register evidencing their

attendance.

26.1.2. Bidder’s names, bid modifications and withdrawals, the presence (or absence) and

amount of bid security, and any other such details as the owner may consider appropriate

will be announced by the owner.

27.0 PROCESS TO BE CONFIDENTIAL

27.1. Information relating to the examination, clarifications, evaluation and comparison of

bids, and recommendations for the Award of Contract shall not be disclosed to bidders or

any other person officially concerned with such process. Any effort by a bidder to

influence the Owner in any manner in respect of bid evaluation or award will result in

the rejection of that bid.

28.0 CONTACTING THE OWNER

28.1. From the time of the bid opening to the time of the Contract award, if any bidder wishes

to contact the Owner for any matter relating to the bid it should do so in writing.

28.2. Any effort by a bidder to influence the Owner in any manner in respect of bid evaluation

or award will result in the rejection of that bid.

29.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

29.1. TECHNO-COMMERCIAL BID EVALUATION

29.1.1. Owner will examine the bids to determine whether they are complete, whether any errors

have been made, whether required securities have been furnished, whether the

documents have been properly signed, and whether the bids are generally in order.

29.1.2. Prior to the detailed evaluation, pursuant to bid evaluation and rejection criteria, the

Owner will determine the substantial responsiveness of each bid to the bidding

documents. For the purpose of this, a substantially responsive bid is one, which conforms

to all the terms and conditions of the Bidding Documents without deviations or

Page17

reservations. The Owner’s determination of a bid’s responsiveness is to be based on the

contents of the bid itself without recourse to extrinsic evidence.

29.1.3. A bid determined as substantially non-responsive will be rejected by the Owner and may

not subsequently be made responsive by the bidder by correction of the non-conformity

through queries / clarifications or any other means.

29.1.4. Bidder’s whose bids are prima-facie responsive, shall be issued queries for seeking

clarifications only. The request for such clarifications and the response shall be in

writing and no change in the price or substance of the bids shall be sought, offered or

permitted. The substance of the bid includes but not limited to price, delivery /

completion schedule, scope, specification, etc. Thus the bidder is not permitted to submit

new documents, new information, withdrawal of deviation, etc., which modifies the

original submission.

29.1.5. No deviation, whatsoever, is permitted in the Bidding Documents and the price bids of

those bidders whose technical and commercial bids contain any exception to the

conditions and stipulations of the Bidding Documents shall not be opened and returned

un-opened to such bidder(s).

29.1.6. The Owner will carry out a detailed evaluation of the bids previously determined to be

responsive in order to determine whether the technical aspects are in accordance with the

requirements set forth in the Bidding Documents. In order to reach such a determination,

the Owner will examine and compare the technical aspects of the bids on the basis of the

information supplied by the bidders, taking into account the following factors:

(a) Overall completeness and compliance with the Technical Specifications; Commercial

conditions; quality, function and operation of any process control concept included in

the bid. The bid that does not meet minimum acceptable standard of completeness in

terms of required documents (11.2.1), consistency and detail will be reject as non-

responsive.

(b) Work experience on similar job will largely determine bidders’ qualification for the

job. Present commitment of the bidder shall also be evaluate with respect to its

maximum turnover achieved during any of the last 3 years.

(c) Solvency/financial soundness of the bidder.

(d) Any other relevant factor, if any that the Owner deems necessary or prudent to be

taken into consideration.

30.0 PRICE – BID OPENING

30.1. The Owner shall inform the time, date and venue for price bid opening to all such

bidders who qualify pursuant to techno-commercial bid evaluation. Bidders may be

required to attend price bid opening at a short notice of 24 hours.

30.2. The Owner will open price bids of all bidders notified to attend price bid opening in

presence of authorized bidders’ representatives. The bidder’s representatives who are

present shall sign bid-opening register evidencing their attendance.

30.3. The bidder’s name, prices, and such other details as the Owner, at its discretion, may

consider appropriate will be announced and recorded at the time of bid opening.

31.0 ARITHMETIC CORRECTIONS

31.1. The bids will be checked for any arithmetic errors as follows:

31.1.1. Where there is a discrepancy between the amount in figures and in words, the amount in

words will govern; and

31.1.2. Where there is a discrepancy between the unit rate and the total resulting from

multiplying the unit rate by the quantity, the unit rate as quoted shall prevail and the total

price shall be corrected.

Page18

31.1.3. If the bidder does not accept the correction of errors, its bid will be rejected and the bid

security will be forfeited.

32.0 CONVERSION TO SINGLE CURRENCY

32.1. NOT APPLICABLE

33.0 EVALUATION AND COMPARISON OF BIDS

33.1. The Schedule of rates quoted shall be taken up for evaluation individually to arrive at the

lowest evaluated bid for complete scope of work.

33.2 . The evaluation of all responsive bids to arrive at lowest evaluated offer for complete scope

of work shall include the following:

33.2.1. Optional items, if any, shall not be considered for the purpose of arriving at the total cost.

However, in case the rates quoted by the selected Bidder of optional items are found

high, such bidder will be required to match the prices of lowest price(s) quoted by other

bidder(s) for similar item.

33.2.2. In case a Bidder does not quote for any item of scope of Schedule of Rates and the total

impact of such unquoted item(s) is/are not exceeding 10% of the total quoted price, the

bid of such bidder shall be evaluated at highest price quoted by any bidder against such

item(s). Thereafter, if such bidder qualifies for award, then price of such unquoted items

shall be negotiated before award for such section. If unquoted items constitute more than

10% of the total quoted price, such bids will be rejected.

34.0 MATCHING OF PRICES BY L-2, L3 AND SO ON BIDDERS BY L-1 BIDDER:

34.1. Not applicable.

35.0 PRICE PREFERENCE

35.1. Price Preference to Central Govt./ Public Sector Undertakings shall be allowed as per

prevailing rules.

AWARD OF CONTRACT

36.0 AWARD OF WORK

36.1. The Owner will award the contract to the successful bidder (s), whose bid has been

determined to be substantially responsive and/or have been determined as lowest on least

cost to Owner and is determined to be qualified to satisfactorily perform the Contract.

36.2. Award of work shall be based on total scope of work basis (part wise).

37.0 SCOPE/QUANTITY VARIATION

37.1. Scope of Lump sum price items:

37.1.1. The bidder prices shall be based on total scope and no variation in Contract price on this

account shall be admissible.

37.2. Scope of Item Rate:

37.2.1. The payment will be controlled by actual quantity executed as certified by Owner’s

representative.

38.0 OWNER’S RIGHT TO ACCEPT / REJECT OF ANY BID

38.1. The Owner reserves the right to accept or reject any bid, and to annul the bidding process

and reject all bids at any time prior to award of the contract without thereby incurring

any liability to the affected bidder or bidders or any obligations to inform the affected

bidder or bidders of the ground for Owner/Owner’s representative’s action.

Page19

40.0 NOTIFICATION OF AWARD

40.1. Prior to the expiration of period of bid validity AGCL will notify the successful bidder in

writing by fax/e-mail to be confirmed in writing, that his bid has been accepted. The

notification of award / Fax of Intent will constitute the formation of the Contract.

40.2. The Completion period shall commence from the date of notification of award / Fax

of Intent (FOI).

40.3. The notification of award will constitute the formation of a Contract, until the Contract has

been affected pursuant to signing of Contract as per Clause 41.0 of ITB.

41.0 SIGNING OF CONTRACT

41.1. After the successful bidder has been notified for acceptance of his bid, the bidder is

required to execute the Contract Agreement within 15 days of receipt of Fax of Intent in

the form provided in the Bidding Documents. The Contract Agreement is to be executed

on the non judicial stamp paper of appropriate value (the cost of stamp paper shall be

borne by the Contractor).

41.2. The successful bidder shall be required to execute a Contract Agreement, as per

proforma given in attachment IV of this bidding document, on non-judicial paper of

appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15

days of the receipt by him of the Notification of Acceptance of Tender. In the event of

failure on the part of the successful bidder to sign the Contract within the above-

stipulated period, the Bid Security shall be forfeited and the acceptance of the tender

shall be considered as cancelled.

42.0 CONTRACT PERFORMANCE GUARANTEE

42.1. The bidder may be asked to provide Performance Guarantee of appropriate value within

15 days of receipt of FOI from the Owner. The Performance Guarantee shall be in form

of either Demand Draft or Banker’s Cheque or Bank Guarantee and shall be in the

currency of Contract.

42.2. Failure of the successful bidder to comply with the requirement of this clause shall

constitute a breach of contract, cause for annulment of the award, forfeiture of the bid

security and any such remedy the Owner may take under the Contract and the Owner my

resort to awarding the Contract to the next ranked bidder.

43.0 CORRUPT AND FRAUDULENT PRACTICES

43.1. The Owner requires that Bidders/Contractors observe the highest standard of ethics

during the execution of Contract. In pursuance of this policy, the Owner defines, for the

purposes of this provision, the terms set forth below as follows :

i) “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of

value to influence the action of public official in contract execution; and

ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence the

execution of a Contract to the detriment of the Owner, and includes collusive practice

among bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Owner of the benefits of free and

open competition;

43.2. Will reject a proposal for award if it determines that the bidder recommended for award

has engaged corrupt or fraudulent practices in competing for the Contract in question;

43.3. Will declare a firm ineligible as per conditions of bid document.

Page20

ATTACHMENT – I

FORMS AND FORMATS

Page21

INDEX OF ATTACHMENTS

S. No.

Description

Format No

No. of Pages

1.

Covering Letter

-

2

2.

Bidder's General Information's

F-1

2

3.

Bid Form & Appendix

F-2

2

4.

List of Enclosures

F-3

1

5.

Deviations

F-4

1

6.

Work experience of the bidder F-5

1

7. Solvency Certificate F - 6 1

8.

Details of Sub- contractors

F-7

1

9.

Details of EPF Registration

F-8

1

10.

Bid Security Proforma

F-9

1

11.

Letter of Authority

F-10

1

12.

Labour License F-11 1

13. Check list

F-12

2

Page22

Bid Document No. : MWP/CIVIL/984/01

Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE

(STAGING) AND BASE OF EXTERNAL FLANGE TYPE


COVERING LETTER FOR SUBMISSION OF THE BID

{Required in the letter head of the bidder}

Ref. NO.: Date:

To

The Managing Director,


P O Duliajan, Dist. Dibrugarh

Assam – 786602

Our Offer No. :

With reference to the above:

1. I/We (Bidder’s Name ___________________________) hereby confirm that the required

work shall be completed as per TENDER DOCUMENT within the specified completion

period. A separately signed and accepted, Schedule of Rates quoted for the complete scope

of work/ quoted in accordance with Notice Inviting Tender, General Conditions of

Contract, Special Conditions of Contract, Schedule of Rates of Completion of Job,

Technical specifications and other documents and papers, all as detailed in the Tender

documents is also submitted.

2. It has been explained & understood to me/us that the time stipulated for completion of work

in all respects and in different stages mentioned in the "Time Schedule" of completion of

jobs and signed and accepted by me/us is the essence of the CONTRACT. I/We agree that

in the case of failure on my/our part to strictly observe the Time of Completion mentioned

for jobs or any of them and to the Final Completion in all respects according to the

schedule set out in the said "Time Schedule" of completion of jobs, I/We shall pay

compensation to the Owner as per provisions and stipulations contained in General

Conditions of Contract and I/We agree to recovery being made as specified therein. In

exceptional circumstances, extension of time which shall always be in writing may,

however, be granted by the Engineer-in-Charge at his entire discretion for some items of

supply, and I/We agree that such extension of time will not be counted for the extension of

completion dates stipulated for job and for the Final Completion of work as stipulated in

the said "Time Schedule" of completion of jobs.

3. I/We also agree to pay the Bid Security / Earnest Money Deposit and accept the terms and

conditions laid down in the memorandum below in this respect.

Page23

MEMORANDUM

a) General Description of Work : ________________________________________

_________________________________________

b) Earnest Money / Bid Security : (Rupees)_______________________________

_________________________________________

The Earnest Money / Bid Security is payable in the manner

set out in para 5 below & also as per the format attached.

(c) Security Deposit : 8% of the Bill amount which will be deducted from

Contractor’s bill if his tender is accepted and work

awarded.

4. Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and

conditions referred to above and in default thereof, to forfeit and pay to the Owner or its

successors or its authorized nominees such sums of money as are stipulated in conditions

contained in Tender Documents.

5. I/We hereby pay the Earnest Money / Bid Security of Rs.3000.00(Rupees Three thousand) in

the shape of Bank Draft/ Banker’s Cheque No. ____________________ issued by

_____________________________________________ (name and address of the Bank) in

favour of Managing Director, Assam Gas Company Ltd.

6. If I/We fail to commence the scope of work as specified in the bid document, or I/We fail to

deposit the requisite Earnest Money specified in the Memorandum in (3) above, I/We agree

that the Owner or its successors without prejudice to any other right or remedy be at liberty

to forfeit the said Earnest Money / Bid Security in full.

Yours faithfully,

(SIGNATURE AND SEAL OF BIDDER)

Page24





F-1

BIDDER’S GENERAL INFORMATION

To




Assam – 786602

1-1 GENERAL

S. No.

Details

Submitted by Bidder

1.

Bidder Name

2.

Number of Years in Operation

3.

Address of Registered Office

City / State /PIN

4.

Operation Address if different from

above City / State /PIN

5.

Phone Number (STD Code) (Telephone

Number)

6.

Fax Number (STD Code) (Telephone Number)

7.

E-mail address

8.

Website if any

9.

ISO Certification, if any

10.

Whether Supplier / Manufacturer/

Dealer/ Trader/ Contractor

11.

Type of Material Supplies

12.

Banker's Name& Branch

13.

Branch IFSC Code

14.

Bank account number

Page25

15. PAN No.

16.

EPF No.

17.

TIN No.

18. VAT Registration No.

Note:

1 Bidders have to submit the supporting document confirming the above registrations

where necessary.

2 Up to date VAT registration for composite works contract, EPF registration, Labour

license and supporting documents for the same, photo-copy of PAN are to be submitted.

3. Only those documents mentioned in clause 11.2.1 of ITB will form the part of Bid

qualification criteria.

4. The above information is required on the bidder’s letterhead.

(SIGNATURE AND SEAL OF BIDDER)

Page26





F-2

BID FORM AND APPENDIX TO BID FORM

To




Assam – 786602

Dear Sir,

After examining/reviewing the bid documents for Inspection (Visual and NDT) of 01no. MS

structure (staging) and base of external flange type rectangular overhead PS water tank for Assam Gas Company Ltd., Duliajan, including technical specifications, drawings, IFB, ITB,

GCC, SCC, SOR etc. the receipt of which is hereby duly acknowledged, we, the undersigned,

pleased to offer to execute the work in conformity with the said Bid Documents, including

Addenda Nos. ____________.

We confirm that our bid is valid for a period of three (3) months from the date of opening of

Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any time

before the expiration of that period.

If our bid is accepted, we will provide the security deposit equal to 8% (eight per cent) of the

Contract Price, which may be deducted from every bill paid to us.

Enclosed herewith is the Appendix to the Bid form duly completed and signed. Until a final

Contract is prepared and executed, the bid together with your written acceptance thereof in your

notification of award shall constitute a binding Contract between us.

We understand that Bid Documents are not exhaustive and any action and activity not

mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid

Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically

excluded and we confirm to perform for fulfillment of Contract and completeness of the Facility

in all respects within the time frame and agreed price.

We understand that you are not bound to accept the lowest bid or any bid that you may receive.

SEAL AND SIGNATURE

DATE:

Duly authorized to sign bid for and on behalf of ________________________________

(SIGNATURE OF WITNESS)

WITNESS NAME:

ADDRESS:

Page27

APPENDIX TO BID FORM (F-2)

Amount of Earnest Money : Rs. 3000.00 (Rupees Three thousand).

Price Reduction Schedule : As defined in clause no. 16.0 of SCC

Period of defect liability : 30 days from the date of Completion of the proposed

works.

Effective Date : Date of notification of award / Date of LOI

Bid Validity Period : Six months from date of bid opening

Time for Completion : As per SCC Clause 5.0

(Seal and Signature of the Bidder)

Page28





F-3

LIST OF ENCLOSURES

To




Assam – 786602

Dear Sir,

We are enclosing the following documents as part of the bid:

(Please ‘Tick’ whichever is applicable)

1. Power of Attorney of the signatory to the bid document.

2. Previous Experience of similar works completed successfully

3. Proof of Financial soundness from any nationalized bank.

4. Other documents as mentioned in IFB/ITB

5. List of sub contractors for site work etc. (optional)

6. Copy of bid documents along with addendum/corrigendum no……….. duly signed and sealed

on each page, in token of confirmation that Bid Documents are considered in full while

preparing the bid and in case of award, work will be executed in accordance with the

provisions detailed in Bid Documents.

(SEAL AND SIGNATURE OF BIDDER)

Page29





F-4

DEVIATIONS

To




Assam – 786602

Dear Sir,

We certify that we have not taken any exceptions/deviations anywhere in the bid. However, any

deviations / exception to the specification / terms & conditions have been mentioned as below.

Further, we also confirm that if any deviation/exception found in the bid other then those

mentioned in the deviation format as given below shall be null & void and may be treated as the

compliance to the bid document.

S.

No.

Cl. Ref.

No

Subject /

Description

Tender requirement Deviation

taken

Reason of

deviations

1

2

3

4

5

Note:

1 Bidder is advice to attach separate sheet duly signed & stamped maintaining the above

format.

2 Bidder to provide the above format on his letterhead.

(SEAL AND SIGNATURE OF BIDDER)

Page30


Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF EXTERNAL

FLANGE TYPE RECTANGULAR OVERHEAD PS WATER TANK.

F-5

WORK EXPERIENCE OF THE BIDDER

Sr.

No

Full Postal Address and phone

nos of Client & Name of Officer-

in-Charge

Description of

the Work

Contract

Value

Date of

Commencement

of Work

Scheduled

Time of

completion

Date of

completion Remarks

Note:

1. This list must be a full list of all type of works complete/in hand. Please attach an extra sheet with same format if necessary.

2. Certified copy of work order/completion certificate must be submitted in support.

3. Work experience in Govt./PSU/Corporate House of repute will only be considered.

SEAL AND SIGNATURE OF BIDDER

Page31





F-6

Certificate to be obtained from any Nationalized Bank

[In Bank’s Stationary]

SOLVENCY CERTIFICATE

This is to certify to the best of our knowledge and information that

M/S……………………………………, (Address) ………………………………………… is a

valued customer of our bank and transaction of his A/C (A/C No…………………………….) is

satisfactory and the firm can be treated as solvent and financially sound.

----------------------------------------------------------------------- (any other comment)

Seal & Signature of Authorized Signatory

Name & Designation……..………………..

Date…………………………………………

Page32





F-7

DETAILS OF SUB-CONTRACTORS PROPOSED FOR THE FACILITY

To




Assam – 786602

Dear Sir,

Following Sub-contractors are the proposed for the Facility

NAME & ADDRESS

OF

SUB-CONTRACTOR

DESCRIPTION OF WORK

TO BE SUB-CONTRACTED

EXPERIENCE DETAILS OF THE

SUBCONTRACTOR

IN BRIEF IN TERM OF

MAXIMUM SINGLE

CONTRACT VALUE

EXECUTED

NOTE:

I) If no sub-contracts are anticipated, enter the word ‘none’

II) MOU/consent letter from each proposed sub-contractor should be furnished


Page33





F-8

EPF REGISTRATION (when applicable)

To




Assam – 786602

Dear Sir,

We hereby confirm that the following EPF Account is under operation and shall be used on

award of the contracts for all EPF related activities for the labour engaged by us.

PF REGISTRATION NO. :

DISTRICT & STATE :


N.B. Detail documents must be submitted supporting upto date EPF registration

Page34





F- 9

Bid Security / Earnest Money Deposit / Bid Document Fee

[Required on the letter head of the bidder]

No. Date:

To




Assam – 786602

Dear Sir,

With reference to your NIT No. MWP/CIVIL/984/24 Dated 04/10/2016 and Name of work

Inspection (Visual and NDT) of 01no. MS structure (staging) and base of external flange

type rectangular overhead PS water tank. We are enclosing Bid Security / Earnest Money

amounting to Rs. 3000.00 (Rupees Three thousand) in the shape of Bank Draft / Banker’s

Cheque No……………………. Date………………. Of ……………………………….. Bank [

………………………Branch], pledged in favour of the Managing Director, Assam Gas

Company Ltd., Duliajan.

We also confirm that an amount of Rs. 1000.00 (Rupees One thousand) has been enclosed

towards Bid Document Fee in the form of A/C payee DD No…………………….

Date………………. Of ……………………………….. Bank [ ………………………Branch],

pledged in favour of the Managing Director, Assam Gas Company Ltd., Duliajan. We

understand that the fee is non-refundable.

We understand that this Bank Draft / Banker’s Cheque may be released after the work being

awarded to some other contractor or on successful completion of the work if the work is

awarded to us.

We further undertake that this Bank Draft / Banker’s Cheque may be encashed by AGCL and

may be adjusted towards any amount due by us to AGCL under any part/ clause of this contract.

Yours faithfully,

Signature

Name & Designation

For and on behalf of

Page35





F-10

LETTER OF AUTHORITY

PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT

NEGOTIATIONS/CONFERENCES

No. Date:

To




Assam – 786602

Dear Sir,

We _____________________________________ hereby authorize following representative(s)

to attend un-priced bid opening and price bid opening and for any other correspondence and

communication against above Bidding Document:

1) Name & Designation _______________________ Signature _________________

2) Name & Designation _______________________ Signature _________________

We confirm that we shall be bound by all commitments made by aforementioned authorized

representatives.

Yours faithfully,

Signature

Name & Designation

For and on behalf of

Note: This letter of authority should be on the letterhead of the bidder and should be signed by

a person competent and having the power of attorney to bind the bidder. Not more

than two persons are permitted to attend techno–commercial un-priced and price bid

opening.

Page36





F-11

LABOUR LICENCE (when applicable)

To




Assam – 786602

Dear Sir,

We hereby confirm that we possess upto date Labour licence under Sec. 12(I) of Contract

Labour (Regulation & Abolition) Act. 1970.

Licence No. :

Validity of Licence : Upto


N.B. Detail documents must be submitted supporting upto date Labour Licence.

Page37





F-12

CHECK LIST

Bidders are requested to duly fill in the checklist. This checklist gives only certain important

items to facilitate the bidder to make sure that the necessary data/information as Bank Draft /

Banker’s cheque for in the bid document has been submitted by them along with their offer.

This, however, does not relieve the bidder of his responsibilities to make sure that his offer is

otherwise complete in all respects.

Please ensure compliance and tick (√) against following points:

Sl.

NO.

DESCRIPTION STATUS

1.0 Signing and stamping each sheet of offer, original bid document including

drawings, addendum (if any)

2.0 Confirm that the following details have been submitted in the Unpriced

part:

a) Covering Letter, Letter of Submission

b) Bank Draft / Banker’s cheque deposit towards Bid Security/Earnest

Money

c) Duly signed and stamped copy of bid document along with drawings

and addendum (if any)

d) Power of Attorney in the name of person signing the bid

e) Details of Past experience supported by relevant documents and proof

of having Class I registration with APWD.

g) Solvency certificate from any Nationalized bank

h) Documents supporting up to date clearance of Sales Tax for composite

works contract, EPF registration, Labour licence and supporting

documents for the same, photo-copy of PAN etc.

i) Copies of documents defining constitution or legal status, place of

registration and principal place of business of the Company

j) Bidders Declaration that they are not under any liquidation court

receivership or similar proceedings.

Page38

k) MOU / letter of commitment with the proposed sub-contractors / suppliers as per tender requirement, if applicable

3.0 Confirm that all forms are enclosed with the bid duly signed by authorised

persons

4.0 Confirm that the price bid has been duly filled in for each item, signed

and stamped on each page.

5.0 Confirm that proper page nos. have been given in sequential way in all the

documents submitted along with your offer with Index.

6.0 Confirm that any correction in the Un-priced part has been initialed and

stamped.

7.0 Confirm that any correction in the “Price Part” has been signed in full and

stamped

(Seal and Signature of Bidder)

Page39

SECTION III

GENERAL CONDITIONS OF CONTRACT

(GCC)

Page40

General Conditions of Contract (GCC)

1.0 DEFINITIONS

1.1 The term initial capitalized and used herein or any other document related to the

Contract, the defined terms set forth in this Clause 1.0 shall have the meanings specified

herein

1.2 Adjudicator means the person or persons named as such in the Contract

appointed by agreement between the Owner and the Contractor to

make a decision on or to settle any dispute or difference between the

Owner and the Contractor referred to him or her by the parties

pursuant to GCC Sub-Clause 6.1 hereof.

1.3 Change shall have meaning ascribed to it pursuant to GCC Sub-Clause 50.1

hereof

1.4 Completion means that the Facilities (or a specific part thereof where specific

parts are specified in the SCC) have been completed operationally

and structurally and put in a tight and clean condition, and that all

work in respect of Pre-commissioning of the Facilities or such

specific part thereof has been completed and commissioning has

been attained as per Technical Specifications.

1.5 Construction

Equipment

means all plant, facilities, equipment, machinery, tools,

apparatus, appliances or things of every kind required in or for

installation, completion and maintenance of Facilities that are to be

provided by the Contractor, but does not include Plant and

Equipment, or other things intended to form or forming part of the

Facilities.

1.6 Contract Price means the sum specified in the Contract and to be paid to the

Contractor for its all obligations as per the provisions of the

Contract, subject to such additions and adjustments thereto or

deductions there from, as may be made pursuant to the Contract.

1.7 Contract or

Agreement

means the Contract entered into between the Owner and the

Contractor, together with the Contract Documents referred to

therein; they shall constitute the Contract, and the term “Contract”

shall, in all such documents, be construed accordingly.

1.8 Contractor’s

Representative

means any person nominated by the Contractor and named as such

in the Contract and approved by the Owner in the manner provided

in GCC Sub-Clause 17.2 (Contractor’s Representative and

Construction Manager) hereof to perform the duties delegated by

the Contractor.

1.9 Contractor means the person(s) whose bid to perform the Contract has been

accepted by the Owner and is named as such in the Contract, and

includes the legal successors or assigns of the Contractor.

1.10 Day means calendar Day of the Gregorian Calendar.

1.11 Defect Liability means the period of validity of the warranties given by the

Page41

Period Contractor commencing the date following the date of successful

completion of the Commissioning of the Facilities or a part thereof,

during which the Contractor is responsible for defects with respect

to the Facilities (or the relevant part thereof).

1.12 Effective Date means the date on which Contractor’s obligations commences and

unless specified otherwise in the Contract or SCC, it will be the date

of notification of award

1.13 Facilities or Work means the Plant and Equipment to be supplied and installed, as well

as all the Installation Services to be carried out by the Contractor

under the Contract.

1.14 Functional

Guarantees

means all such functions of the Facility, which are guaranteed to

achieve and/or demonstrated by the Contractor for its achievement.

1.15 GCC means the General Conditions of Contract hereof.

1.16 Guarantee Test(s) means the test(s) specified in the Technical Specifications to be

carried out to ascertain whether the Facilities or a specified part

thereof is able to attain the Functional Guarantees specified in the

Technical Specifications.

1.17 Installation

Services

means all those services ancillary to the Facilities, to be provided by

the Contractor under the Contract; e.g., collection of Owner issued

material from Owner designated places transportation and provision

of insurance, inspection, expediting, site preparation works

(including the provision and use of Construction Equipment and the

supply of all construction materials required), installation, testing,

pre-commissioning, commissioning, operations, maintenance, the

provision of operations and maintenance manuals, training, etc.

1.18 Mobilization means transporting/establishing of sufficiently adequate

infrastructure by the Contractor at “Site” comprising of

Construction Equipment, aids, tools tackles including setting of site

offices with facilities such as power, water, communication,

conveyance etc. establishing manpower organization comprising of

Construction Manager, engineers, supervising personnel and an

adequate strength of skilled, semi-skilled and unskilled workers,

who, with the so established infrastructure shall be in a position to

commence execution of work at site(s), in accordance with the

agreed quality and HSE (health, safety and environment)

requirements and complete the same within the Completion Time.

1.19 Month means calendar month of the Gregorian Calendar.

1.20 Operational

Acceptance

means the acceptance by the Owner of the Facilities (or any part of

the Facilities where the Contract provides for acceptance of the

Facilities in parts), which certifies the Contractor’s fulfillment of the

Contract in respect of Functional Guarantees of the Facilities (or the

relevant part thereof) .

1.21 Owner means the person named as such in the SCC and includes the legal

successors or assigns of the Owner.

1.22 Plant and

Equipment

means permanent plant, equipment, machinery, apparatus and things

of all kinds to be provided and incorporated in the Facilities by the

Contractor under the Contract (including the spare parts to be

supplied by the Contractor), but does not include Construction

Equipment.

Page42

1.23 Pre-

commissioning

means the testing, checking and other requirements specified in the

Technical Specifications that are to be carried out by the Contractor

in preparation for Commissioning.

1.24 SCC means the Special Conditions of Contract

1.25 Site means the land and other places upon which the Owner has legal

right to install the Facilities though any legitimate means with all

possible rights and means to approach/reach such place or land, and

such other land or places as may be specified in the Contract as

forming part of the Site.

1.26 Specifications means all referred standards, various technical guidelines, technical

documents, provisions and requirements attached and referred to in

Contract Documents which pertain to the method and manner of

performing the Facilities, to the quantities and qualities of the Work

and the materials to be furnished under the

Contract for the work, as may be amended/modified/ reinstated

from time to time.

1.27 Subcontractor means any person, to whom execution of any part of the Facilities,

including preparation of any design or supply of any Plant and

Equipment, is sub-contracted directly or indirectly by the

Contractor, and includes its legal successors or assigns. The term

Subcontractor shall include its sub vendors

1.28 Time for

Completion

means the time within which Completion of the Works/ Facilities as

a whole (or of a part of the Facilities where a separate Time for

Completion of such part has been prescribed) is to be attained in

accordance with the stipulations in the SCC and relevant provisions

of the Contract.

2.0 CONTRACT DOCUMENTS

Subject to order of precedence defined in the Contract, all documents forming part of the

Contract (and all parts thereof) are intended to be correlative, complementary and

mutually explanatory. The Contract shall be read as a whole.

3.0 INTERPRETATION

3.1 LANGUAGE

3.1.1 All Contract Documents, all correspondence and communications to be given, and all

other documentation to be prepared and supplied under the Contract shall be written in

English, and the Contract shall be construed and interpreted in accordance with that

language.

3.1.2 If any of the Contract Documents, correspondence or communications are prepared in any

language other than English then, the English translation of such documents,

correspondence or communications shall prevail in matters of interpretation.

3.2 SINGULAR AND PLURAL

3.2.1 The singular shall include the plural and the plural the singular, except where the context

otherwise requires.

3.3 HEADINGS

3.3.1 The headings and marginal notes in the Contract Documents are intended for ease of

reference, and shall neither constitute a part of the Contract nor affect its interpretation.

Page43

3.4 PERSONS

3.4.1 Words importing persons or parties shall include firms, corporations and government

entities.

3.5 ENTIRE CONTRACT

3.5.1 The Contract constitutes the agreement between the Owner and Contractor with respect

to the subject matter of Contract and supersedes all communications, negotiations and

agreements (whether written or oral) of parties with respect thereto made prior to the date

of Contract, except to the extent any such communications, negotiations and agreement

are specifically made a part of the Contract.

3.6 AMENDMENT

3.6.1 No amendment or other variation of the Contract shall be effective unless it is in writing,

is dated, expressly refers to the Contract, and is signed by a duly authorized

representative of each party hereto.

3.7 INDEPENDENT CONTRACTOR

3.7.1 The Contractor shall be an independent contractor performing the Contract. The Contract

does not create any agency, partnership, joint venture or other joint relationship between

the parties hereto.

3.7.2 Subject to the provisions of the Contract, the Contractor shall be solely responsible for the

manner in which the Contract is performed. All employees, representatives or

Subcontractors engaged by the Contractor in connection with the performance of the

Contract shall be under the complete control of the Contractor and shall not be deemed to

be employees of the Owner, and nothing contained in the Contract or in any subcontract

awarded by the Contractor shall be construed to create any contractual relationship

between any such employees, representatives or Subcontractors and the Owner.

3.8 JOINT VENTURE or CONSORTIUM

3.8.1 If the Contractor is a joint venture or consortium of two or more persons (if permitted in

SPC), all such firms shall be jointly and severally bound to the Owner for the fulfillment

of the provisions of the Contract and shall designate one of such persons to act as a

leader with authority to bind the joint venture or consortium. The composition or the

constitution of the joint venture or consortium shall not be altered without the prior

consent of the Owner.

3.9 NON-WAIVER

3.9.1 Subject to GCC Sub-Clause 3.9.2 below, no relaxation, forbearance, delay or indulgence

by either party in enforcing any of the terms and conditions of the Contract or the

granting of time by either party to the other shall prejudice, affect or restrict the rights of

that party under the Contract, nor shall any waiver by either party of any breach of

Contract operate as waiver of any subsequent or continuing breach of Contract.

3.9.2 Any waiver of a party’s rights, powers or remedies under the Contract must be in

writing, must be dated and signed by an authorized representative of the party granting

such waiver, and must specify the right and the extent to which it is being waived.

3.10 SEVERABILITY

Page44

3.10.1 If any provision or condition of the Contract is prohibited or rendered invalid or

unenforceable, such prohibition, invalidity or unenforceability shall not affect the

validity or enforceability of any other provisions and conditions of the Contract.

3.11 COUNTRY of ORIGIN

3.11.1 “Origin” means the place where the materials, equipment and other supplies for the

Facilities are mined, grown, produced or manufactured, and from which the services are

provided.

4.0 NOTICES

4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract shall

be in writing, and shall be sent by either one or more of the means namely personal

delivery, airmail post, special courier, facsimile or Electronic Data Interchange (EDI) to

the address of the relevant party set out in the Contract, with the following provisions:

4.2 Any notice sent by facsimile or EDI shall be confirmed within two (2) Days through

airmail post or special courier, except as otherwise specified in the Contract.

4.3 Any notice sent by airmail post or special courier shall be deemed (in the absence of

evidence of earlier receipt) to have been delivered within three (3) working Days of

dispatch excluding the date of dispatch. In proving the fact of dispatch, it shall be

sufficient to show that the envelope containing such notice was properly addressed,

stamped and conveyed to the postal authorities or courier service for transmission by

airmail or special courier.

4.4 Any notice delivered personally or sent by facsimile or EDI shall be deemed to have

been delivered on date of its dispatch.

4.5 Either party may change its postal, facsimile or EDI address or addressee for receipt of

such notices by ten (10) Days’ notice to the other party in writing.

4.6 Notices shall be deemed to include any approvals, consents, instructions, orders and

certificates to be given under the Contract.

5.0 GOVERNING LAW

DELETED

6.0 SETTLEMENT OF DISPUTES

6.1 Adjudicator

6.1.1 If any dispute of any kind whatsoever shall arise between the Owner and the Contractor in

connection with or arising out of the Contract, including without prejudice to the

generality of the foregoing, any question regarding its existence, validity or termination,

or the execution of the Facilities whether during the progress of the Facilities or after

their completion and whether before or after the termination, abandonment or breach of

the Contract the parties shall seek to resolve any such dispute or difference by

Adjudicator. Adjudicator will give its decisions within fifteen (15) Days of referring the

dispute. Either party, if not in agreement with Owner’s Representative’s decision, within

fifteen (15) Days of decision by Adjudicator may refer the dispute in writing to the

Adjudicator only if Adjudicator (s) is/are named in the Contract, otherwise may refer to

arbitration pursuant to GCC Sub-Clause 6.2.

6.1.2 In case the matter is referred to the Adjudicator pursuant to GCC Sub-Clause 6.1.1, the

Adjudicator shall give its decision in writing to both parties within thirty(30) Days of a

dispute being referred to it. If the Adjudicator has done so, and no notice of intention to

commence arbitration has been given by either the Owner or the Contractor within sixty

(60) Days of such reference, the decision shall become final and binding upon the Owner

Page45

and the Contractor. The parties shall implement any decision that has become final and

binding forthwith.

6.1.3 The Adjudicator fee shall be divided equally between the Owner and the Contractor.

6.2 Arbitration

6.2.1 If either the Owner or the Contractor is dissatisfied with the Adjudicator’s decision, or if

the Adjudicator fails to give a decision within thirty (30) Days of a dispute being referred

to it, then either the Owner or the Contractor may, within sixty (60) Days of such

reference, give notice to the other party, with a copy for information to the Adjudicator,

of its intention to commence arbitration, as hereinafter provided, as to the matter in

dispute, and no arbitration in respect of this matter may be commenced unless such

notice is given.

6.2.2 Any dispute, in respect of which a notice of intention to commence arbitration has been

given, in accordance with GCC Sub-Clause 6.2.1, shall be finally settled by arbitration.

Arbitration may be commenced prior to or after completion of the Facilities.

6.2.3 Arbitration proceedings shall be conducted in accordance with the rules of procedure

designated in the SCC.

6.2.4 Not withstanding any reference to the Adjudicator or arbitration herein,

6.2.4.1The parties shall continue to perform their respective obligations under the Contract

unless they otherwise agree

6.2.4.2 Either party shall pay to other party the sum due to such other party under the provisions

of the Contract, unless any such payment itself is under reference to Adjudicator or

arbitration.

6.2.4.3 Except the specific provisions of the Contract surviving after its expiry, no matter will be

referred to the Adjudicator by either party beyond ninety (90) Days of final payment to

the Contractor or return of securities under the Contract, whichever is later.

7.0 SCOPE OF FACILITIES

7.1 Unless otherwise expressly limited in the Technical Specifications and/or SCC, the

Contractor’s obligations shall cover the provision of all Plant and Equipment and the

performance of all Installation Services required for the design, the manufacture

including procurement, quality assurance, construction, installation, associated civil

works, Pre commissioning and Commissioning of the Facilities in accordance with the

plans, procedures, specifications, drawings, codes and any other documents as specified

in the Technical Specifications. Such specifications include, but are not limited to, the

provision of supervision and engineering services; the supply of labour, materials,

equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and accessories;

Construction Equipment; construction utilities and supplies; temporary materials,

structures and facilities; transportation (including, without limitation, unloading and

hauling to, from and at the Site); and storage, except for those supplies, works and

services that will be provided or performed by the Owner under the Contract.

7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work

and/or supply all such items and materials not specifically mentioned in the Contract but

that can be reasonably inferred from the Contract as being required for attaining

Completion of the Facilities as if such work and/or items and materials were expressly

mentioned in the Contract.

7.3 In addition to the supply of Mandatory Spare Parts included in the Contract, the

Contractor agrees to supply spare parts required for the operation and maintenance of the

Facilities for the period specified in the SCC. However, the identity, specifications and

quantities of such spare parts (other than spares for pre-commissioning/commissioning)

Page46

and the terms and conditions including price relating to the supply thereof are to be

agreed between the Owner and the Contractor.

8.0 TIME FOR COMMENCEMENT AND COMPLETION

8.1 The Contractor shall commence work on the Facilities within the period specified in the

SCC and without prejudice to the provision of Liquidated Damages hereof. The

Contractor shall thereafter complete the Facilities in accordance with the time schedule

specified in SCC or in the Contract.

8.2 The Contractor shall attain completion of the Facilities (or of a part where a separate

time for Completion of such part is specified in the Contract) within the such time

schedule or within such extended time schedule to which the Contractor shall be entitled

pursuant to GCC Clause 51.

9.0 CONTRACTOR’S OBLIGATIONS

9.1 The Contractor shall design, manufacture (including associated purchases and/or

subcontracting), install and complete the Facilities with due care and diligence in

accordance with the Contract.

9.2 The Contractor confirms that it has entered into the Contract on the basis of a proper

examination of the data relating to the Facilities provided by the Owner, and on the basis

of information that the Contractor could have obtained from the inspection of the Site (if

access thereto was available) and of other data readily available to it relating to the

Facilities prior to its bid submission. The Contractor acknowledges that any failure to

acquaint itself with all such data and information shall not relieve it from the

responsibility for properly estimating the difficulty or cost of successfully performing the

Facilities/Work.

9.3 The Contractor shall acquire in its name all permits, approvals and/or licenses from all

local, state or national government authorities or public service undertakings that are

necessary for the performance of the Contract, including, without limitation, visas for the

Contractor’s and Subcontractor’s expatriate/ personnel and entry permits for all imported

Construction Equipment. The Contractor shall acquire all other permits, approvals and/or

licenses that are not the responsibility of the Owner under GCC Sub-Clause 10.3 hereof

and that are necessary for the performance of the Contract.

9.4 The Contractor shall comply with all laws in force where the Facilities are installed and

where the Installation Services are carried out. The laws will include all local, state,

national or other laws that affect the performance of the Contract and bind upon the

Contractor. The Contractor shall indemnify and hold harmless the Owner from and

against any and all liabilities, damages, claims, fines, penalties and expenses of whatever

nature arising or resulting from the violation of such laws by the Contractor or its

personnel, including the Subcontractors and their personnel, but without prejudice to

GCC Sub-Clause 10.1 hereof.

9.5 The Contractor shall obtain necessary power and water connection from relevant

authority and will pay its uses charges, if so required as per the provisions of SCC.

9.6 The Contractor shall be responsible for (i) providing necessary residential

accommodation for its and its Subcontractor’s employees, staff, workers etc. (ii)

construction of necessary office accommodation, with all storage facilities; (iii)

construction of temporary roads, lighting, sanitary, kitchen etc. for performing its

obligations. Owner’s responsibility for providing land, if any, will be governed by the

provisions stipulated in SCC.

10.0 OWNER’S OBLIGATIONS

Page47

10.1 The Owner shall ensure the accuracy of all information and/or data to be supplied by the

Owner, except when otherwise expressly stated in the SCC and/or Contract.

10.2 The Owner shall be responsible for acquiring and providing legal and physical

possession of the Site and access thereto, and for providing possession of and access to

all other areas reasonably required for the proper execution of the Contract, including all

requisite rights of way. The Owner shall give full possession of and accord all rights of

access thereto to the Contractor as per the time schedule agreed in the Contract.

10.3 The Owner shall acquire and pay for all permits, approvals and/or licenses from all local,

state or national government authorities or public service undertakings required to own

the Facility.

10.4 If requested by the Contractor, the Owner shall use its best endeavors to assist the

Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or

licenses necessary for the execution of the Contract from all local, state or national

government authorities or public service undertakings that such authorities or

undertakings require the Contractor or Subcontractors or the personnel of the Contractor

or Subcontractors, as the case may be, to obtain.

10.5 Unless otherwise specified in the Contract or agreed upon by the Owner and the

Contractor, the Owner shall provide sufficient, properly qualified operating and

maintenance personnel; shall supply and make available all raw materials, utilities,

lubricants, chemicals, catalysts, other materials and facilities; and shall perform all work

and services of whatsoever nature, including those required by the Contractor to properly

carry out Pre commissioning, Commissioning and Guarantee Tests, all in accordance

with the provisions of the Contract at or before the time specified in the program

furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in the manner

thereupon specified or as otherwise agreed upon by the Owner and the Contractor.

10.6 The Owner shall be responsible for the continued operation of the Facilities after taking

over the complete facility.

11.0 CONTRACT PRICE

11.1 The Contract Price shall be as specified in the Contract.

11.2 Unless indicated otherwise in the SCC, the Contract Price shall be firm, not subject to

any alteration, except in the event of a Change in the Facilities or as otherwise provided

in the Contract.

11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 46.1 hereof, the Contractor shall be deemed to

have satisfied itself as to the correctness and sufficiency of the Contract Price, which

shall, except as otherwise provided for in the Contract, cover all its obligations under the

Contract.

12.0 TERMS OF PAYMENT

12.1 The Contract Price shall be paid as specified in SCC and in the corresponding Appendix

(Terms and Procedures of Payment) to the Contract. The procedures to be followed in

making application for and processing payments shall be those outlined in the same

Appendix, failing which will be agreed to between the parties and incorporated in the

Contract.

12.2 No payment made by the Owner herein shall be deemed to constitute acceptance by the

Owner of the Facilities or any part(s) thereof.

13.0 SECURITIES

14.0 TAXES AND DUTIES

Page48

14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and

pay all taxes, duties, levies and charges assessed on the Contractor, its Subcontractors or

their employees by all municipal, state or national government authorities in connection

with the Facilities in and outside of the country where the Site is located.

14.2 For the purpose of the Contract, it is agreed that the Contract Price specified in Contract

is based on the taxes, duties, levies and charges prevailing on bid due date. If any rates of

Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or

any change in interpretation or application of any Tax occurs in the course of the

performance of Contract, which was or will be assessed on the Contractor,

Subcontractors or their employees in connection with performance of the Contract, an

equitable adjustment of the Contract Price shall be made to fully take into account any

such change by addition to the Contract Price or deduction there from, as the case may

be, in accordance with GCC Clause 47.0 hereof.

15.0 COPYRIGHT

15.1 The copyright in all drawings, documents and other materials containing data and

information furnished to the Owner by the Contractor herein shall remain vested in the

Contractor or, if they are furnished to the Owner directly or through the Contractor by

any third party, including suppliers of materials, the copyright in such materials shall

remain vested in such third party.

16.0 CONFIDENTIALITY

16.1 The Contractor cannot, without agreement of the Owner, disclose nor enable third

parties to benefit from the documents drawn up in the course of his obligations under the

Contract or information received from the Owner.

16.2 Further, Contractor is not allowed to publish copy or transmit to third parties the

documents that are transmitted to him by the Owner. The Owner retains the right to

claim damages in the case where these documents have been used without his written

consent.

16.3 However, these obligations do not apply to documents for which it can be demonstrated

that :

such documents were already public before these were communicated to the

Contractor or have become public since without any fault or negligence of the

Contractor, or

such documents were already in its possession without having obtained them

directly or indirectly from the Owner, or

such documents were obtained from an independent source that had neither direct

nor indirect secrecy commitment to the Owner.

16.4 Regarding the application of this clause, the experts appointed by the Owner’s

Representative/Owner are not considered as third parties, and for this reason they have to

respect, towards the Contractor, the same obligations as the Owner in these matters.

16.5 Any document other than the Contract itself, shall remain the property of the Owner and

shall be returned (all copies) to the Owner on completion of the Contractor’s

performance under the Contract, if so required by the Owner.

16.6 The provisions of this GCC Clause 16.0 shall survive termination of the Contract, for

whatever reason.

17.0 REPRESENTATIVES OF PARTIES

Page49

17.2 Contractor’s Representative & Construction Manager

17.2.1 If the Contractor’s Representative is not named in the Contract, then within fifteen (15)

Days of the Effective Date, the Contractor shall appoint the Contractor’s Representative

and shall request the Owner in writing to approve the person so appointed. If the Owner

makes no objection to the appointment within fifteen (15) Days thereafter, the

Contractor’s Representative shall be deemed to have been approved. If the Owner

objects to the appointment within fifteen (15) Days of receiving the request for approval

giving the reason therefore, then the Contractor shall appoint a replacement within

fifteen (15) Days of such objection, and the foregoing provisions of this GCC Sub-

Clause 17.2.1 shall apply thereto.

17.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times

during the currency of the Contract and shall give to the owner all the Contractor’s

notices, instructions, information and all other communications under the Contract.

17.2.3 All notices, instructions, information and all other communications given by the Owner

to the Contractor under the Contract shall be given to the Contractor’s Representative or,

in its absence, its deputy, except as herein otherwise provided.

17.2.4 The Contractor shall not revoke the appointment of the Contractor’s Representative

without the Owner’s prior written consent, which shall not be unreasonably withheld. If

the Owner consents thereto, the Contractor shall appoint some other person as the

Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause

17.2.1.

17.2.5 The Contractor’s Representative may, subject to the approval of the Owner (which shall

not be unreasonably withheld), at any time delegate to any person any of the powers,

functions and authorities vested in him or her. Any such delegation may be revoked at

any time. Any such delegation or revocation shall be subject to a prior notice signed by

the Contractor’s Representative, and shall specify the powers, functions and authorities

thereby delegated or revoked. No such delegation or revocation shall take effect unless

and until a copy thereof has been delivered to the Owner

.17.2.6 Any act or exercise by any person of powers, functions and authorities so delegated to

him or her in accordance with this GCC Sub-Clause 17.2.5 shall be deemed to be an act

or exercise by the Contractor’s Representative.

17.2.7 From the time of preparation for the commencement of installation of the Facilities at the

Site and until Completion, the Contractor’s Representative shall appoint a suitable

person as the construction manager (hereinafter referred to as “the Construction

Manager”). The Construction Manager shall supervise all work done at the Site by the

Contractor and shall be present at the Site throughout normal working hours except when

on leave, sick or absent for reasons connected with the proper performance of the

Contract. Whenever the Construction Manager is absent from the Site, a suitable person

shall be appointed to act as his or her deputy.

17.2.8 The Owner may by notice to the Contractor object to any representative or person

employed by the Contractor in the execution of the Contract who, in the reasonable

opinion of the Owner, behaves inappropriately, is incompetent or negligent and/or may

commit a serious breach of the Site regulations provided under GCC Sub-Clause 26.0.

The Owner shall provide evidence of the same, whereupon the Contractor shall remove

such person from the Facilities.

17.2.9 If any representative or person employed by the Contractor is removed in accordance

with GCC Sub-Clause 17.2.8, the Contractor shall, where required, promptly appoint a

replacement.

Page50

18.0 WORK PROGRAM

18.1 Contractor’s Organization

18.1.1 The Contractor shall supply to the Owner a chart showing the proposed organization to be

established by the Contractor for carrying out work on the Facilities. The chart shall

include the identities of the key personnel together with the curricula vitae of such key

personnel to be employed within fifteen (15) Days of the Effective Date. The Contractor

shall promptly inform the Owner in writing of any revision or alteration of such an

organization chart.

18.2 Program of Performance

18.2.1 Within 7 (Seven) Days after the date of signing the Contract, the Contractor shall prepare

and submit to the owner a detailed program of performance of the Contract, made in the

form specified in the SCC and showing the sequence in which it proposes to design,

manufacture, transport, assemble, install and pre-commission the Facilities, as well as the

date by which the Contractor reasonably requires that the Owner shall have fulfilled its

obligations under the Contract so as to enable the Contractor to execute the Contract in

accordance with the program and to achieve Completion, Commissioning and

Acceptance of the Facilities in accordance with the Contract. The program so submitted

by the Contractor shall be in accordance with the Time of Completion specified in SCC

and/or included in the Contract and any other dates and periods specified in the Contract.

The Contractor shall update and revise the program as and when appropriate or when

required by the owner, but without modification in the Times for Completion given in

the SCC and any extension granted pursuant to GCC Clause 51.0, and shall submit all

such revisions to the owner.

18.3 Progress Report

18.3.1 The Contractor shall monitor progress of all the activities specified in the program

referred to in GCC Sub-Clause 18.2 above and supply a progress report to the owner

every month.

18.3.2 The progress report shall be in a form acceptable to the owner and shall indicate:

(a) %age completion achieved compared with the planned percentage completion for

each activity; and

(b) where any activity is behind the program, giving comments and likely consequences

and stating the corrective action being taken.

18.4 Progress of Performance

18.4.1 If at any time the Contractor’s actual progress falls behind the program referred to in

GCC Sub-Clause 18.2 or it becomes apparent that it will so fall behind, the Contractor

shall, at the request of the Owner, prepare and submit to the owner a revised program,

taking into account the prevailing circumstances, and shall notify the owner of the steps

being taken to expedite progress so as to attain Completion of the Facilities within the

Time for Completion under GCC Sub-Clause 8.2 subject to the provision of GCC sub-

clause 51.1 or any extended period as may otherwise be agreed upon between the Owner

and the Contractor.

18.5 Work Procedures.

18.5.1 The Contract shall be executed in accordance with the Contract Documents and the

procedures given in the Contract.

Page51

18.5.2 The Contractor may execute the Contract in accordance with its own standard project

execution plans and procedures to the extent that they do not conflict with the provisions

contained in the Contract.

19.0 SUBCONTRACTING

19.1 The corresponding Appendix (List of Approved Subcontractors) to the Contract specifies

major items of supply or services and a list of approved Subcontractors against each

item, including vendors. Insofar as no Subcontractors are listed against any such item,

the Contractor shall prepare a list of Subcontractors for such item for inclusion in such

list. The Contractor may from time to time propose any addition to or deletion from any

such list. The Contractor shall submit any such list or any modification thereto to the

Owner for its approval in sufficient time so as not to impede the progress of work on the

Facilities. Such approval by the Owner for any of the Subcontractors shall not relieve the

Contractor from any of its obligations, duties or responsibilities under the Contract.

19.2 The Contractor shall select and employ its Subcontractors for such major items from

those listed in the lists referred to in GCC Sub-Clause 19.1.

19.3 For items or parts of the Facilities not specified in the Contract Documents, the

Contractor may employ such Subcontractors as it may select, at its discretion.

20.0 DESIGN AND ENGINEERING

20.2 Codes and Standards

20.2.1 Wherever references are made in the Contract to codes and standards in accordance with

which the Contract shall be executed, the edition or the Revised Version of such codes

and standards current at the date thirty (30) Days prior to date of bid submission shall

apply unless otherwise specified. During Contract execution, any changes in such codes

and standards shall be applied after approval by the Owner and shall be treated in

accordance with GCC Clause 50.0

21.0 PROCUREMENT

21.1 Plant and Equipment

21.1.1 The Contractor shall manufacture or procure and transport all the Plant and Equipment in an

expeditious and orderly manner to the Site.

22.0 TRANSPORTATION

22.1 The Contractor shall at its own risk and expense transport all the Plant and Equipment

and the Construction Equipment to the Site by the mode of transport that the Contractor

judges most suitable under all the circumstances.

23.0 CUSTOMS CLEARANCE

23.1 Not Applicable.

24.0 INSTALLATION : Not Applicable.

25.0 CONSTRUCTION EQUIPMENT : Not Applicable.

26.0 SITE REGULATIONS AND SAFETY

26.1 The Owner and the Contractor shall establish Site regulations setting out the rules to be

observed in the execution of the Contract at the Site and shall comply therewith. The

Contractor shall prepare and submit to the Owner, proposed Site regulations for the

Owner’s approval, which approval shall not be unreasonably withheld. Such Site

regulations shall include, but shall not be limited to, rules in respect of security, safety of

the Facilities, gate control, sanitation, medical care, and fire prevention.

27.0 OPPORTUNITIES FOR OTHER CONTRACTORS

Page52

27.1 The Contractor shall, upon written request from the Owner, give all reasonable

opportunities for carrying out the work to any other contractors employed by the Owner

on or near the Site.

28.0 EMERGENCY WORK

28.1 If, by reason of an emergency arising in connection with and during the execution of the

Contract, any protective or remedial work is necessary as a matter of urgency to prevent

damage to the Facilities, the Contractor shall immediately carry out such work.

29.0 SITE CLEARANCE

29.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the

Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or

remove any surplus materials, clear away any wreckage, rubbish or temporary works

from the Site, and remove any Construction Equipment no longer required for execution

of the Contract.

29.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the

Contractor shall clear away and remove all wreckage, rubbish and debris of any kind

from the Site, and shall leave the Site and Facilities clean and safe.

30.0 WATCHING AND LIGHTING

30.1 The Contractor shall provide and maintain at its own expense all lighting, fencing, and

watching when and where necessary for the proper execution and the protection of the

Facilities, or for the safety of the owners and occupiers of adjacent property and for the

safety of the public.

31.0 WORK AT NIGHT AND ON HOLIDAYS

31.1 Unless otherwise provided in the Contract, no work shall be carried out during the night

and on public holidays of the country where the Site is located without prior written

consent of the Owner, except where work is necessary or required to ensure safety of the

Facilities or for the protection of life, or to prevent loss or damage to property, when the

Contractor shall immediately advise the Owner’s Representative, provided that

provisions of this GCC Sub-Clause 31.1 shall not apply to any work which is

customarily carried out by rotary or double-shifts.

32.0 TEST AND INSPECTION

32.1 The Contractor shall at its own expense carry out at the place of manufacture and/or on

the Site all such tests and/or inspections of the Plant and Equipment and any part of the

Facilities as are specified in the Contract.

33.0 COMPLETION OF THE FACILITIES

33.1 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been

completed operationally and structurally and put in a tight and clean condition as

specified in the Technical Specifications, excluding minor items not materially affecting

the operation or safety of the Facilities, the Contractor shall so notify the Owner in

writing.

33.2 If the Owner’s representative is not so satisfied, then it shall notify the Contractor in

writing of any defects and/or deficiencies within seven (7) Days after receipt of the

Contractor’s repeated notice, and the above procedure shall be repeated.

33.3 As soon as possible after Completion, the Contractor shall complete all outstanding

minor items so that the Facilities are fully in accordance with the requirements of the

Contract, failing which the Owner will undertake such completion and deduct the costs

thereof from any monies owing to the Contractor.

34.0 COMMISSIONING : Not Applicable.

35.0 PARTIAL ACCEPTANCE

35.1 Partial acceptance of facilities subject to owner’s discretion.

36.0 COMPLETION TIME GUARANTEE

Page53

36.1 The Contractor guarantees that it shall attain Completion of the Facilities (or a part for

which a separate time for completion is specified in the SCC) within the Time for

Completion specified in the SCC pursuant to GCC Sub-Clause 8.2, or within such

extended time to which the Contractor shall be entitled under GCC Clause 51.0 hereof.

36.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within the

Time for Completion or any extension thereof pursuant to GCC Clause 51.0 the

Contractor’s prices shall be reduced for delay in the amount specified or as a percentage

rate of the Contract Price as stipulated in the SCC, or the relevant part thereof. The

aggregate amount of such reduction for any reason shall in no event exceed the amount

specified as “Maximum” in the SCC. Once the “Maximum” is reached, the Owner may

consider termination of the Contract, pursuant to GCC Sub-Clause 53.4.

36.3 However, the reduce prices for delay shall not in any way relieve the Contractor from

any of its obligations to complete the Facilities or from any other obligations and

liabilities of the Contractor under the Contract.

37.0 DEFECT LIABILITY

37.1 The Contractor warrants that the Facilities or any part thereof shall be free from defects

in the design, engineering, materials and workmanship of the Plant and Equipment

supplied and of the Facilities.

37.2 The Defect Liability Period shall be twelve (12) months from the date of Operational

Acceptance of the Facilities, unless specified otherwise in the SCC/Technical

Specifications.

37.3 If during the Defect Liability Period any defect should be found in the design,

engineering, materials and workmanship of the Plant and Equipment supplied or of the

work executed by the Contractor, the Contractor shall promptly, in consultation and

agreement with the Owner regarding appropriate remedying of the defects, and at its

cost, repair, replace or otherwise make good (as the Contractor shall, at its discretion,

determine) such defect as well as any damage to the Facilities caused by such defect.

37.4 If the Contractor fails to commence the work necessary to remedy such defect or any

damage to the Facilities caused by such defect within a reasonable time (which shall in

no event be considered to be less than fifteen (15) Days), the Owner may, following

notice to the Contractor, proceed to do such work, and the reasonable costs incurred by

the Owner in connection therewith shall be paid to the Owner by the Contractor or may

be deducted by the Owner from any monies due the Contractor or claimed under the

Performance Security.

38.0 FUNCTIONAL GUARANTEES

38.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts

thereof shall attain the Functional Guarantees specified in the Contract, subject to and

upon the conditions therein specified.

39.0 PATENT INDEMNITY : Not Applicable.

40.0 LIMITATION OF LIABILITY : Not Applicable.

41.0 TRANSFER OF OWNERSHIP : Not Applicable.

42.0 TAKING OVER

42.1 Owner will take over the care, custody and control of the Facility or its part if agreed

specifically upon satisfaction by Contractor of the (i) achievement of the Completion; (ii)

all services required to have been performed in accordance with the requirements of the

Technical Specifications and the other requirements of the Contract.

43.0 CARE OF FACILITIES

43.1 The Contractor shall be responsible for the care and custody of the Facilities or any part

thereof until the date of the taking over of the Facilities

Page54

44.0 INDEMNIFICATION (LOSS OF DAMAGE TO PROPERTY,

ACCIDENT/INJURY TO WORKERS)

44.1 The Contractor shall indemnify and hold harmless the Owner and its employees and

officers from and against any and all suits, actions or administrative proceedings, claims,

demands, losses, damages, costs, and expenses of whatsoever nature, including

attorney’s fees and expenses, in respect of the death or injury of any person or loss of or

damage to any property (other than the Facilities whether accepted or not), arising in

connection with the supply and installation of the Facilities and by reason of the

negligence of the Contractor or its Subcontractors, or their employees, officers or

Authorized Representatives, except any injury, death or property damage caused by the

negligence

45.0 INSURANCE : Not Applicable.

46.0 UNFORESEEN CONDITIONS

46.1 If, during the execution of the Contract, the Contractor shall encounter on the Site any

physical conditions (other than climatic conditions) or artificial obstructions that could

not have been reasonably foreseen prior to the Effective Date of the Contract by an

experienced contractor on the basis of reasonable examination of the data relating to the

Facilities (including any data as to boring tests) provided by the Owner, and on the basis

of information that it could have obtained from a visual inspection of the Site (if access

thereto was available) or other data readily available to it relating to the Facilities, and if

the Contractor determines that it will in consequence of such conditions or obstructions

incur additional cost and expense or require additional time to perform its obligations

under the Contract that would not have been required if such physical conditions or

artificial obstructions had not been encountered, the Contractor shall promptly, and

before performing additional work or using additional Plant and Equipment or

Construction Equipment, notify the Owner’s Representative in writing of 46.2 The

physical conditions or artificial obstructions on the Site that could not have been

reasonably foreseen

46.3 The additional work and/or Plant and Equipment and/or Construction Equipment

required, including the steps which the Contractor will or proposes to take to overcome

such conditions or obstructions

46.4 The extent of the anticipated delay

46.5 The additional cost and expense that the Contractor is likely to incur.

46.6 On receiving any notice from the Contractor under this GCC Sub-Clause

47.0 CHANGE IN LAWS AND REGULATIONS

47.1 If, after the date thirty (30) Days prior to the date of Bid submission, any law, regulation,

ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or

changed (which shall be deemed to include any change in interpretation or application by

the competent authorities) that subsequently affects the costs and expenses of the

Contractor by an amount exceeding the amount specified in SCC and/or the Time for

Completion, the Contract Price shall be correspondingly increased or decreased, and/or

the Time for Completion shall be reasonably adjusted to the extent that the Contractor

has thereby been affected in the performance of any of its obligations under the Contract.

47.2 Such Change in Law provision shall be applicable only if, enacted on or prior to

agree schedule of Completion or actual schedule, which ever is earlier.

47.3 If due to enactment of such Change in Law, Contractor is entitled for additional amount

same shall be paid against a claim supported by documentary evidence by the Contractor

along with final payment.

48.0 FORCE MAJEURE

Page55

48.1 “Force Majeure” shall mean any event beyond the reasonable control of the Owner or of

the Contractor, as the case may be, and which is unavoidable notwithstanding the

reasonable care of the party affected, and shall include, without limitation, the following:

War, hostilities or warlike operations (whether a state of war be declared or not),

invasion, act of foreign enemy and civil war

rebellion, revolution, insurrection, mutiny, usurpation of civil or military

government, conspiracy, riot, civil commotion and terrorist acts

confiscation, nationalization, mobilization, commandeering or requisition by or

under the order of any government or de jure or de facto authority or ruler or any

other act or failure to act of any local state or national government authority

strike, sabotage, lockout, embargo, import restriction, port congestion, lack of

usual means of public transportation and communication, industrial dispute,

shipwreck, shortage or restriction of power supply, epidemics, quarantine and

plague.

Strike, sabotage, lockout, lack of usual means of public transportation and

communication, industrial dispute and shipwreck shall be considered a force

Majeure only if Force

Majeure Claiming party does not have direct or indirect involvement. Shortage or

restriction of power supply shall be considered force Majeure only if such

situation is proved to be unusual.

earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave,

typhoon or cyclone, hurricane, storm, lightning, or other inclement weather

condition, nuclear and pressure waves or other natural or physical disaster

48.2 If either party is prevented, hindered or delayed from or in performing any of its

obligations under the Contract by an event of Force Majeure, then it shall notify the other

in writing of the occurrence of such event and the circumstances thereof within fifteen

(15) Days of the occurrence of such event.

49.0 WAR RISKS : Not Applicable.

50.0 CHANGE IN THE FACILITIES : Not Applicable.

51.0 EXTENSION OF TIME FOR COMPLETION

51.1 The Time(s) for Completion specified in the SCC shall be extended by such period as

shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or

impediment sustained by the Contractor. if the Contractor is delayed or impeded in the

performance of any of its obligations under the Contract by reason of any of the

following:

51.2 Any Change in the Facilities as provided in GCC Clause 50.0; or

51.3 Any occurrence of Force Majeure as provided in GCC Clause 48.0, unforeseen

conditions as provided in GCC Clause 46.0, or other occurrence of any of the matters

specified or referred to in GCC Sub-Clauses 43.2 or

any suspension order given by the Owner under GCC Clause 52.0 hereof or

reduction in the rate of progress pursuant to GCC Sub-Clause 52.2 or

any changes in laws and regulations as provided in GCC Clause 47.0 or

Page56

any default or breach of the Contract by the Owner, including failure to supply

the Owner issue items, or any activity, act or omission of any other contractors

employed by the Owner; or

any other matter specifically mentioned in the Contract

51.4 Except where otherwise provided in the Contract, the Contractor shall submit to the

Owner’s Representative a notice of a claim for an extension of the Time for Completion,

together with particulars of the event or circumstance justifying such extension as soon

as reasonably practicable after the commencement of such event or circumstance. As

soon as reasonably practicable after receipt of such notice and supporting particulars of

the claim, the Owner and the Contractor shall agree upon the period of such extension. In

the event that the Contractor does not accept the Owner’s estimate of a fair and

reasonable time extension, the Contractor shall be entitled to refer the matter to

Adjudicator, pursuant to GCC Sub-Clause 6.1.

51.5 The Contractor shall at all times use its reasonable efforts to minimize any delay in the

performance of its obligations under the Contract.

52.0 SUSPENSION

52.1 The Owner may request the Owner’s Representative, by notice to the Contractor, to

order the Contractor to suspend performance of any or all of its obligations under the

Contract. Such notice shall specify the obligation of which performance is to be

suspended, the effective date of the suspension and the reasons thereof. The Contractor

shall thereupon suspend performance of such obligation (except those obligations

necessary for the care or preservation of the Facilities) until ordered in writing to resume

such performance by the Owner’s representative.

53.0 TERMINATION

53.1 Termination for Owner’s Convenience

53.1.1 The Owner may at any time terminate the Contract for any reason by giving the

Contractor a notice of termination that refers to this GCC Sub-Clause 53.1.

53.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 53.1.1, the Contractor

shall either immediately or upon the date specified in the notice of termination cease all

further work, except for such work as the Owner may specify in the notice of termination

for the sole purpose of protecting that part of the Facilities already executed, or any work

required to leave the Site in a clean and safe condition

terminate all subcontracts, except those to be assigned to the Owner pursuant to GCC

Sub-Clause 53.1.2 below

remove all Construction Equipment from the Site, repatriate the Contractor’s and its

Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish

and debris of any kind, and leave the whole of the Site in a clean and safe condition

53.2 Termination for Contractor’s Default

53.2.1 The Owner, without prejudice to any other rights or remedies it may possess, may

terminate the Contract forthwith in the following circumstances by giving a notice of

termination and its reasons there for to the Contractor.

if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it,

compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed

or order is made for its winding up (other than a voluntary liquidation for the purposes of

amalgamation or reconstruction), a receiver is appointed over any part of its undertaking

or assets, or if the Contractor takes or suffers any other analogous action in consequence

of debt

Page57

if the Contractor assigns or transfers the Contract or any right or interest therein in

violation of the provision of GCC Clause 54.0.

if the Contractor, in the judgment of the Owner has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

If delay in executing the Contract results in reaching cap of liquidated damages due

under the terms of the Contract.

If breaches the Contract and or its clauses / conditions.

If abandons the Contract

53.4 If the Contractor

has abandoned or repudiated the Contract

has without valid reason failed to commence work on the Facilities promptly or has

suspended (other than pursuant to GCC Sub-Clause 52.2 the progress of Contract

performance for more than thirty(30) Days after receiving a written instruction from the

Owner to proceed

persistently fails to execute the Contract in accordance with the Contract or persistently

neglects to carry out its obligations under the Contract without just cause

refuses or is unable to provide sufficient materials, services or labour to execute and

complete the Facilities in the manner specified in the program furnished under GCC Sub-

Clause 18.2 at rates of progress that give reasonable assurance to the Owner that the

Contractor can not attain Completion of the Facilities by the Time for Completion,

then the Owner may, without prejudice to any other rights it may possess under the

Contract, give a notice to the Contractor stating the nature of the default and requiring

the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to

remedy the same within fifteen (15) Days of its receipt of such notice, then the Owner

may terminate the Contract forthwith by giving a notice of termination to the Contractor

that refers to this GCC Sub-Clause 53.2.

Upon receipt of the notice of termination under GCC Sub-Clauses 53.2, the Contractor

shall, either immediately or upon such date as is specified in the notice of termination,

cease all further work, except for such work as the Owner may specify in the notice of

termination for the sole purpose of protecting that part of the Facilities already executed,

or any work required to leave the Site in a clean and safe condition

terminate all subcontracts, except those to be assigned to the Owner pursuant to

paragraph 53.2 below

deliver to the Owner the parts of the Facilities executed by the Contractor up to the date

of termination

to the extent legally possible, assign to the Owner all right, title and benefit of the

Contractor to the Facilities and to the Plant and Equipment as of the date of termination,

and, as may be required by the Owner, in any subcontracts concluded between the

Contractor and its Subcontractors

deliver to the Owner all drawings, specifications and other documents prepared by the

Contractor or its Subcontractors as of the date of termination in connection with the

Facilities.

54.0 ASSIGNMENT

54.1 Neither the Owner nor the Contractor shall, without the express prior written consent of

the other party (which consent shall not be unreasonably withheld), assign to any third

party the Contract or any part thereof, or any right, benefit, obligation or interest therein

or there under, except that the Contractor shall be entitled to assign either absolutely or

by way of charge any monies due and payable to it or that may become due and payable

to it under the Contract.

Page58

SECTION IV

SPECIAL CONDITIONS OF CONTRACT (SCC)

Page59

1.0 DEFINITIONS

(GCC Clause 1.0)

In addition to meaning ascribed to certain capitalized terms in Section III “GCC”,

following initial capitalized terms shall have the meaning as ascribed to such term

hereunder. In case any term defined hereunder is also defined in Section III “GCC”, the

meaning ascribed to such term hereunder shall prevail:

Bid Documents: shall mean documents issued to the bidder pursuant to IFB which shall inter-

alia cover (i) volume I commercial specifications including IFB, ITB, GCC and SCC

including all attachments; (ii) Volume I B Schedule of rates, (iii) volume II A and II B

technical specifications.

Completion: shall mean the Service/Facilities awarded under the Contract have been completed

operationally and structurally and put in a tight and clean condition, and that all work in

respect of Pre-commissioning of the Facilities or such specific part thereof has been

completed as per Technical Specifications.

Effective Date: shall mean the date on which Contractor’s obligations will commence and that

will be earlier date of (i) Fax of Intent; (ii) Letter of Intent; or (iii) Letter of award

Owner: shall mean ASSAM GAS COMPANY LTD, [ also known as AGCL] having its

registered office at P.O. Duliajan, Dist : Dibrugarh, Assam—786 602, INDIA and shall

include its successors and assigns.

Owner’s Representative : shall mean the Head of Services Department, AGCL or any other

official, assigned by him for the work.

2.0 INTERPRETATIONS

(GCC Clause 3.0)

Where any portion of the GCC is repugnant to or at variance with any provisions of the

SCC then, unless a different intention appears, the provisions of the SCC shall be

deemed to govern the provisions of the GCC and SCC provisions shall prevail to the

extent of such repugnancy, or variations exist. Notwithstanding the sub-division of the

Contract Documents into separate sections and volumes every part of each shall be

deemed to be supplementary to and complementary of every other part and shall be read

with and into the Contract so far as it may be practicable to do so. The terms include and

including shall be deemed to be followed by the words ‘without limitation’ whether or

not so followed.

3.0 ARBITRATION

(GCC Sub- Clause 6.2.3)

Arbitration proceedings shall be conducted in accordance with Rules of Indian

Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of three

arbitrators appointed in accordance with the said rules and the award shall be binding on

both parties. The proceedings and award shall be in English language. The award will be

a reasoned award. The venue of this Arbitration shall be Dibrugarh, Assam, India.

4.0 SCOPE OF FACILITIES

(GCC Sub-Clause 7.1)

The successful bidder is required to complete the work on turnkey basis, which will inter

alia include the residual engineering, procurement, storage, preservation, fabrication,

erection, testing and handing over of facilities. The scope is defined in detail in technical

part of the bid documents. It may, however, be noted that anything not defined as scope

but may be inferred to be part of scope shall be part of bidder’s scope unless specifically

excluded.

5.0 TIME FOR COMPLETION

(Definition of “Time for Completion” in GCC and GCC Sub-Clause 8.1)

Page60

The completion period for complete scope of work shall be 30 ( Thirty) days from the

date of fax of intent. Completion period is inclusive of 15 days mobilization period.

Construction Schedule is attached in bid document. Contractors will have to complete

the activities at site strictly as per Construction Schedule.

.

6.0 CONTRACTOR’S OBLIGATIONS

(GCC Clause 9.0)

Power and Water Connection (GCC Sub-Clause 9.5)

The Owner will not provide any power and water connection and The Contractor shall

obtain necessary power and water connection from relevant authority and will pay its

uses charges.

Land (GCC Sub-Clause 9.6)

Contractor’s responsibility shall be limited to 9.6 .

7.0 OWNER’S OBLIGATIONS


In partial modifications of GCC Sub-Clause 10.1, the Contractor will be required to

check the accuracy of information/data furnished by the Owner. Any deficiency or

inaccuracy in such information/data shall be Contractor’s responsibility and Owner will

not own any responsibility in this regard, whatsoever. Any bearing of GCC Sub-Clause

10.1 on any subsequent Clause which entitles Contractor to claim any compensation

and/or extension and/or any other benefit shall stand modified to the extent that no such

claim and/ or extension and/or any other benefit by the Contractor shall be applicable/

entertained by the Owner.

8.0 CONTRACT PRICE


The Contract Price will be firm for total scope of work, through out the execution of

Contract except for (i) Statutory variations defined under SCC Clause 16.0; and/or (ii)

variations defined in SCC Clause 18.0. The Contract Price shall be inclusive of all taxes

as applicable would be indicated separately including (i) works contract tax (ii) sales tax;

(iii) excise duty; (iv) VAT, if any; (v) Octroi, if any; .

Contractor to make note that no concessional sales tax forms i.e. Form C for

concession in sales tax shall be issued by Owner.

9.0 TERMS AND MODE OF PAYMENT


The terms and mode of payment shall be as per Annexure – 2 to SCC hereto.

10.0 COMPENSATION FOR IDLE TIME

No Idle time claim shall be entertained under any circumstances.

11.0 SECURITIES

(GCC Clause 13.0)

Since the scope of work include only inspection (visual and NDT) and submission of

report thereof, no Security Deposit will be retained against this work and full

payment will be made after statutory deduction on successful completion of the

work.

.

12.0 WORK PROGRAM

(GCC Sub-Clauses 18.2.1)

The work program pursuant to GCC Sub-Clause 18.2.1, shall be prepared and

administered by the Contractor ensuring Time or Completion as stipulated in SCC

Clause 5.0. Such work program will be subject to the approval of the Owner’s

Representative. In the work program, the Contractor will indicate the detailed schedule

Page61

of requirement Owner supplied items commensurate with such work program.

Contractor shall furnish daily report to Owner’s Representative on deployment of

manpower and equipment along with progress of work achieved on previous Day in the

proforma to be prescribed by the Owner’s Representative.

13.0 COMPLETION OF THE FACILITIES

(GCC Clause 33)

Owner will take over the Service/Facilities only on its Completion, no part facility will

be taken over by the Owner.

14.0 HEALTH, SAFETY AND ENVIRONMENT (HSE)

The Contractor will strictly adhere to HSE requirements as per Technical Specifications.

15.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE

(GCC Sub-Clauses 34 & 38)

Not Applicable.

16.0 PRICE REDUCTION SCHEDULE (PRS)

(GCC Clause 36.0)

In case contractor fails to complete the work/ services within stipulated period then

unless such failure is due to force majeure as defined in Bid document, there will be

reduction in contract price @ 0.5% for each week of delay or part thereof subject to

maximum of 5% of contract price.

Owner may without prejudice to any methods of recovery, deduct the amount of such

PRS from any money due or which may at any time become due to contractor from its

obligations or liabilities under the contract or by recovery against the performance bank

guarantee. Both Owner and contractor agree that the above percentage of price reduction

are genuine pre-estimates of the loss/ damage which Owner would have suffered on

account of delay/ breach on the part of contractor and the said amount will be payable on

demand without there being any proof of the actual loss/ damage caused by such delay/

breach. Owner decision in the matter of applicability of price reduction shall be final and

binding

17.0 CHANGE IN LAW


Except statutory variations in indirect taxes and duties rates, no other variation resulting

due to change in law will be applicable. However, any upward variation in indirect taxes

& duties shall be payable to the extent of maximum 2% of the initial agreed contract

price and shall be certified by an independent chartered accountant. No variation shall be

allowed on account of any taxes and duties applicable outside India. Any downward

variation in indirect taxes & duties shall be passed on to the Owner at actual.

As regards statutory variations in taxes and duties, the effect shall be applicable on

components and amounts detailed in bid, submitted by the Contractor at bidding stage.

Any increase in taxes and duties applicable till actual completion or scheduled

completion, whichever is earlier (original approved completion schedule shall be the

basis for schedule completion of any activity. Any change in original schedule during

execution of the contract for any reason except for the reasons attributable to the Owner

alone shall not result in change in implication of statutory variations) . However, any

decrease resulting due to statutory variations shall be applicable up to actual completion.

The effect of statutory variations will be considered at the time of settlement of final bill

of the Contractor.

18.0 CHANGE IN THE FACILITIES

Page62

(GCC -Clause 50.0)

Without prejudice to the provisions of Change in Law defined in SCC Clause 16.0, the

Contract price shall not be subject to any adjustment except for the variations defined

hereunder,

19.0 REJECTION

Any part of the Service/Facility, which during the process of inspection by Owner/

Owner’s representative at any stage, is found to be not in conformity with the

requirements/specifications shall be liable for immediate rejection. Contractor shall be

responsible and liable for immediate replacement of such part of the Facility at no extra

cost or impact on the delivery schedule to OWNER.

20.0 COMPLIANCE WITH LAWS

The Contractor shall abide by all prevailing Laws of India including but not limited to

the following:

Contract Labour (Regulation & Abolition) Act.

Payment of Wages Act.

Minimum Wages Act.

Owner’s Liability Act

Factory Act

Apprentices Act.

Workman’s Compensation Act.

Industrial Dispute Act

Environment Protection Act

Any other Statute, Act, Law as may be applicable

21.0 PRECEDENCE OF DOCUMENTS

Any conflict in the provisions of various documents under the Contract shall be settled in

the sequence, the documents are listed below:

Contract

Notification of Award

Technical Specifications

Any conflict between the provisions of General Technical Specifications and Particular

Technical specifications , the provisions of Particular Technical Specifications will

prevail.

Commercial Specifications

22.0 PROVIDENT FUND

The Contractor shall strictly comply with the provisions of Employees Provident Fund

Act and register themselves with Regional Provident Fund Commission (RPFC) before

commencing the work. The Contractor shall deposit employees and Owners

contributions to the RPFC every month. The Contractor shall furnish along with each

running bill, the challan / receipt for payment made to the RPFC for the preceding

months. In case the RPFC’s challan/receipt, as above, is not furnished, Owner shall

deduct 20% (Twenty percent) of the payable amount from Contractor’s running bill and

retain the same as a deposit. Such retained amount shall be refunded to Contractor on

production of RPFC Challan/receipt for the period covered by the related running bill.

23.0 WORKS CONTRACT

The entire work covered under this contract shall be treated as “Works Contract”.

24.0 CONSTRUCTION RIGHT OF USE AND PERMITS

The Owner shall provide legal rights to adequate land to the Contractor free of cost for

the construction of the facility. The Contractor at his own cost and initiative shall obtain

all other permissions, permits, clearances and licenses necessary for the execution of the

Page63

work from all relevant authorities. Insofar as any such permission, permit or license

required for the execution of the work by the Contractor, the same can only be granted at

the request or recommendation of the Owner, the Owner shall at the request of the

Contractor, take all reasonable steps to assist the Contractor to obtain or procure the

same. The Contractor shall not, however, be entitled to any additional compensation over

and above the price accepted in the Price Schedule for any hardship or increased cost

caused by any idleness, suspension or disruption of work or any other account

whatsoever as a result of the inability of the Contractor to obtain the permission(s),

permit(s), license(s) aforesaid to match with the progress of the work nor shall the same

constitute a ground for extension of time or delay.

25.0 FREE ISSUE MATERIAL

(GCC Sub-Clause 21.2.)

Owner will not supply any free issue items for this work. All items required for

completion of work will be procured & supplied by contractor.

26.0 CONTRACTOR’S ADDITIONAL DEFAULTS

(GCC Sub-Clause 53.2.1)

If PRS, due to delay in achieving the monthly target becomes applicable for two

consecutive month in a way that Contractor fails to achieve respective monthly target in

each of two months; or A major mile stone agreed in the Contract is not achieved; and

Owner’s Representative, at its sole discretion, opines that delay occurred by the

Contractor can not be recovered.

27.0 QUALITY ASSURANCE/QUALITY CONTROL

The Contractor shall prepare a detailed quality assurance plan for the execution of

Contract for various facilities, which will be mutually discussed and agreed to. The

Contractor shall establish document and maintain an effective quality assurance system

outlined in recognized codes. Quality Assurance System plans/procedures of the

Contractor shall be furnished in the form of a QA manual. This document should cover

detail of the personnel responsible for the Quality Assurance, plans or procedures to be

followed for quality control in respect of completion of work. The quality assurance

system should indicate organizational approach for quality control and quality assurance

of the construction activities, at all stages at relevant places.

The Owner, while agreeing to a quality assurance plan shall mark the stages where they

would like to witness the tests; review any or all stages of work at shop/site as deemed

necessary for quality assurance.

28.0 LIEN

Contractor shall ensure that the Facility covered under the Contract shall be free from

any claims of title/liens from any third party. In the event of such claims by any party,

Contractor shall at his own cost defend, indemnify and hold harmless Owner or its

authorized representative from such disputes of title/liens, costs, consequences etc.

29.0 ROYALITY

Contractor’s quoted rate should include the royalty on different applicable items as per

the prevailing Government rates. In case, owner is able to obtain the exemption of

Royalty from the State Government, the contractor shall pass on the same to owner for

all the items involving Royalty. Any increase in prevailing rate of Royalty shall be borne

by the Contractor at no extra cost to the Owner.

30.0 SITE FACILITIES FOR WORKMEN

Following facilities are to be ensured at all work places where workmen are

deployed/engaged by the Contractor at a particular site.

• Arrangement of first aid

Page64

• Arrangement for clean drinking water

• Toilets

31.0 GOVERNING LAW

Laws of India will govern the Contract and Dibrugarh courts in the State of Assam, will

have jurisdiction on all matters related to Contract.

GENERAL WORK DESCRIPTION

1.0 GENERAL

1.1 Special Condition of Contract shall be read in Conjunction with the General Conditions

of Contract, specification of work, Drawing and any other documents forming part of

this contract wherever the context so requires. Clauses of SCC supersedes the clauses of

GCC

1.2 Notwithstanding the sub-division of the documents into these separate sections and

volumes every part of each shall be deemed to be supplementary to and complementary

of every other part and shall be read with and into the contract so far as it may be

practicable to do so.

1.3 Where any portion of the General Condition of Contract is repugnant, to or at

variance with any provisions of the Special Conditions of Contract, unless a

different intention appears, the provisions of the Special Conditions of Contract

shall be deemed to over-ride the provisions of the General Condition of Contract

and shall to the extent of such repugnancy, or variations, prevail. 1.4 The materials, design, service and workmanship shall satisfy the relevant INDIAN

STANDARDS, the TECHNICAL SPECIFICATIONS contained herein and CODES

referred to. Where the technical specification stipulate requirements in addition to those

contained in the standard codes and specifications, these additional requirements shall

also be satisfied.

1.5 Wherever it is mentioned in the specifications that the CONTRACTOR shall perform

certain work/service or provide certain facilities, it is understood that the

CONTRACTOR shall do so at his cost and the VALUE OF CONTRACT shall be

deemed to have included cost of such performance and provisions, so mentioned.

1.6 It will be Contractor’s responsibility to bring to the notice of Engineer-in-charge any

irreconcilable conflict in the contract documents before starting the work(s) or making

the supply with reference to which the conflict exists.

1.7 In the absence of any specifications covering any material, design of work(s) the same

shall be performed/ supplied/ executed in accordance with Standard Engineering Practice

as per the instructions/ directions of the Engineer-In-Charge, which will be binding on

the Contractor.

Page65

Section-V

Schedule of Rates

Page66

SOR FOR THE WORK VIDE FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016

(Rates may be quoted legibly both in words and figures)

Sl. No. DESCRIPTION OF WORK UNIT QUTY. RATE (Rs) AMOUNT (Rs)

1 Complete visual inspection of rectangular external flange type

overhead PS water tank staging of capacity 175.00 KL at a

height of 12.00m at Assam Gsa Co. Ltd. Duliajan.

No. 01

2 Inspection by NDT method of the staging for the required

portion.

LS 01

3 Submission of detail report regarding service stability/

recommendation for replacement/ change of location for the

system.

No 01

TOTAL Rs._________________________

Total (in words)____________________________________________________________________________________________

DATE: ________________________

SIGNATURE OF BIDDER

SEAL:

Page67

VOLUME – II OF II

TECHNICAL VOLUME





Page68

PERFORMANCE TECHNICAL SPECIFICATION (PTS)

1.0 Definitions and interpretation

1.1 PTS shall be read in conjunction with the General Conditions of Contract(GCC), Special

Conditions of Contract(SCC), General Technical Specifications(GTS) of work, drawings,

Schedule of Rates(SOR), Instruction to Bidders(ITB) and other documents forming part

of the tender wherever the context so requires.

1.2 Where any portion of the GTS is repugnant or in variation with any provisions of the

PTS, unless a different intention appears, the provision(s) of PTS shall be deemed to

govern the provision(s) of GTS of contract. If there is no variance or repugnance

between GTS and PTS, both clauses shall be applicable.

1.3 In case of conflict between the requirements of this specification and that of the referred

codes, standards and specifications, the requirements of this specification shall govern.

1.4 DEFINITIONS

The terms used between in the technical section must be understood as follows:

AGREEMENT Designate the agreement concluded between the OWNER

and the CONTRACTOR, under which the latter

undertakes to the former the GOODS and/or SERVICES

according to the stipulations which are agreed and

specified in the form of an order.

OWNER Designate the purchaser of the GOODS and/or

SERVICES which are the subject of the agreement.

CODE Designate a set of systems and Indian rules or

international standardization documents for design,

materials, tests etc.

CONTRACTOR Designate the individual or legal entity with whom the

order has been concluded by the OWNER. The term

“CONTRACTOR” may be used indifferently for a

supplier, a manufacturer, an erection contractor etc.

APPROVAL Designate a written approval

CONSTRUCTION SITE Designate the area where the works are to be undertaken

by the contractor in accordance with the Agreement.

DAYS-WEEKS-MONTHS Specify the number of calendar days, weeks or months

and not of working days, weeks or months.

OWNER’S

REPRESENTATIVE

Designate the individual or legal entity to which the

OWNER has entrusted various tasks in relation with the

carrying out of his works/projects.

Page69

EQUIPMENT Designate all apparatus, tools and machines of any kind

whatsoever that are necessary for the construction,

execution and maintenance of the Works specified in the

Agreement.

MATERIAL Designate the materials or any other supplies that are

intended to be a part of or integral to the Works.

GOODS and/or

SERVICES

Designate, depending on the case, all or part of the

drawings or documents, substances, materials, equipment,

structures, plants, tools, machinery etc. to be studied,

designed, manufactured, supplied, erected, built,

assembled, adapted, arranged or put into service by the

CONTRACTOR under the AGREEMENT, including all

the studies, tasks, works and services specified by the

order. The terms GOODS or SERVICES may be

indifferently used one for the other as required by the

context.

STANDARD Designates a set of models or references, corresponding

to common practice and generally used by the OWNER’S

REPRESENTATIVE. This can be typical standard

drawings or documents.

SPECIFICATION Designates a document describing in some details general

or particular requirements for specific type of works.

2.0 LAWS-CODES-RULES & STANDARDS

2.1 GENERAL

Basically the following are applicable :

Basic Laws-Codes-Rules & Standards, mandatory by law in Assam and India

The complete set of which are part of the present technical volume.

Particular Codes & Standards as per Section 2.2

The :Rules of Art” and “Sound Practices” of the engineering.

In case of condition, the above shall prevail in descending order of preference.

2.2 PARTICULAR CODES & STANDARDS (Latest editions)

1 IS:804-1967( Reaffirmed

1995, 1998)

: Code of Practice for Rectangular Press Steel Tank.

2.

IS: 226-1962, fifth

Revision 1975.

: Specification for structural steel

3 IS:158-1950, second

revision1968

: Ready mixed paint, brushing, bituminous, black , lead

free, acid, alkali, water and heat resistance for general

purpose.

Page70

4. IS:1079-1963, third

revision 1973

: Specification for hot rolled carbon steel sheet and strip

5. IS:1363-1960 : Specification for black hexagonal bolts( 6 to 39 mm) with

nuts block hexagonal screws( 6 to 24 mm)

5 IS:814-1975 : Specification for covered electrode for metal arc welding

of mild steel.

6 IS:227-1962, ( Third

revision 1977)

: Specification for galvanized steel sheet.

3.0 SCOPE OF WORK

3.1 General

It broadly describes the scope of work to be executed by the contractor pertaining to the

company’s Industrial area, Duliajan. All works described hereunder shall be performed

in accordance with PTS, specifications, and other requirements of Tender and shall be

subject to review by the Owner/Owner’s representative and their approval.

The brief scope of work includes in general to complete Inspection (Visual and NDT) of

175.00 KL overhead P.S water tank in AGCL, Duliajan Industrial area. All the

instruments and workmanship as per the IS code mentioned in the tender paper. Detailed

scope of work is defined in technical volume II of II of bid document. It must be clearly

understood that each and every activity of works should be completed by the contractor

in all respects, including supply of tools, plants, equipments and necessary manpower

and their accommodation etc. thereof.

3.2 PROJECT PLANNING, CONTROL AND REPORTING

The scope of work of the Contractor includes but not limited to planning, scheduling, monitoring & interfacing of all activities for the entire work. The Contractor shall co-ordinate all activities with his own sub-contractors, site workers, suppliers, Owner/Owner’s Representative, Owner and Government agencies for specific clearances. It is also the responsibility of the contractor to prepare & perform the Quality Control of all the activities and expediting plan for all procured items. The Contractor shall expedite suppliers for timely deliveries and transportation.

The Contractor shall submit progress reports as Daily Progress Report and Weekly Progress Report respectively as per Tender Requirement.

It is Contractor’s responsibility to carry out proper documentation of inspection and quality assurance programs for all equipment, items and materials, duly approved/reviewed by Owner/Owner’s Representative. The Contractor shall maintain an accurate and traceable records for the location, quality and character of all permanent materials in the Project.

The Contractor shall report to Owner/Owner’s Representative of all changes which will affect material quality, recommended and take necessary corrective actions, after obtaining Owner/Owner’s Representative approval.

3.3 DATA INFORMATION

The scope of work of the Contractor includes but not limited to following:

Page71

Compile all the data and information furnished in the tender & any additional relevant data and information collected /generated by the Bidder.

• The Bidder/Contractor shall remain responsible for the adequacy and accuracy of the data supplied in the Tender and for collection of any additional data required for preparation of complete offer.

• Owner/Owner’s Representative will not be responsible for any inaccuracy or short coming in the data provided in the Tender Documents.

Contractor shall not be entitled for any compensation in time or cost in case of any variation in actual site conditions from the data furnished in the Tender.

3.4 MOBILISATION OF EQUIPMENT /PERSONNEL

In order to adhere to complete the schedule of work in time, the contractor must mobilize the machinery /equipment given below:

* All materials, equipment, tools and tackles, safety items etc..

3.5 Main Activities

The main activities include

Complete visual inspection of staging of rectangular external flange type

overhead PS water tank staging of capacity 175.00 KL at a height of 12.00m at

Assam Gas Co. Ltd. Duliajan.

Inspection by NDT method of the staging for the required portion.

Submission of a detailed report with recommendation for renovation / replacement etc.for the same

3.6 General activities

Contractor’s scope of work defined in this heading shall be and consist but not limited to

following:

To comply with the entire requirements as per relevant IS code.

To provide, operate and maintain all temporary facilities required for the related works and remove after completion of work.

All expenses and cost for attending Tests/Inspections etc. at laboratory or at vendors’ place for Owner/Owner’s Representative shall be borne by the Contractor.

To prepare and establish safety procedures for works and personnel associated with the project.

To co-ordinate and supervise the work of all sub-contractor(s), if any.

Page72

To mobilize and provide all equipment, manpower (skilled and unskilled), tools and tackles, consumables and other resources etc. as required for the execution of the complete job defined and discussed herein and thereafter demobilizing the same upon completion of work.

To provide all safety tools/tackles/devices/apparatus/ equipment, etc. including

ladders and scaffolding as required.

To provide camp facilities for personnel at own cost.

To transport the materials/equipments to work site, intermediate storage points

etc. To Prepare and execute adequate Material Control Procedure at Work Site.

To provide, operate and maintain all temporary facilities required for the construction related works and remove after completion of work.

4.0 STATUTORY PERMISSIONS

GUIDELINES:

Owner Will provide general permission from the authorities for execution of the work, Contractor shall obtain necessary permits for all works from the authorities

having jurisdiction before the actual execution of the works and all stipulations/

conditions /recommendations of the said authorities shall be strictly complied

with at no extra cost to Owner.

To obtain all permissions including statutory work permits etc. from village, circle, district, State Govt., road department, river authorities, irrigation and PWD

authorities, Semi-Govt., PSU, private and any other concerned authorities and

person(s) having jurisdiction, as applicable for performing the work.

5.0 PRIORITIES

Owner may, at its sole option, assign priority of construction to any part of the work on

the requirement basis. Contractor shall comply with such priority of execution without

any time and cost implication to the owner.

----------x-----------