GOVT. OF MADHYA PRADESH
Public Health Engineering Department
................. Zone, ................. (M.P.)
Standard tender document – form ‘F’
Description of the work
On lump sump contract basis
(Rs. ................ lakh only)
Cost of tender document Rs. ................. Only
Executive Engineer
Public health Engineering Division
............ district ................. (M.P.)
1
Standard tender document
Name of the work..........................................................
Contents
S.no.
Particulars
1.
Important points for the guidance of the tenderers
2.
Short notice inviting tender (English)
3.
Detailed notice inviting tender
4.
Tender for lump sum contract
5.
Condition of contract
6.
Model rules relating to labour, water supply and sanitation
in labour camps annexure – “a”
7.
Contractors labour regulations – annexure – “b”
8.
Form of certificates of income tax – annexure – “c”
9.
Specification – annexure “d”
10.
List of major components of scheme – annexure – “e”
11.
Break up schedule for valuation of work annexure – “f”
12.
Drawing annexure – “g”
2
Page no.
IMPORTANT POINTS FOR THE GUIDANCE OF THE FIRMS /
CONTRACTORS INTENDING TO SUBMIT TENDERS
(THESE WILL FORM PART OF THE AGREEMENT)
1.0
All the essential conditions have been incorporated in these under documents
and it may not be necessary for the contractor to give any additional conditions.
If any conditions are given, common set of conditions shall be framed as per
procedure prescribed in the PWD manual.
2.0
No advance payment shall be applicable for this work, Full security deposit as
per NIT shall have to be deposited within 10 days of intimation of acceptance of
tender to the contractor if the contractor fails to do so, his earnest money shall
be forfeited and his tender will be rejected.
3.0
The tenderers requested to accept the Break up schedule given in tender
documents as ANNEXURF for assessment of work done as per clause No. 15 of
the term for “LUMP SUM CONTRACT”.
4.0
The firms/contractors sometimes ask for the refund of security deposit in a
manner & time not in conformity with the provision of the NIT.
Any such
condition of refund of security deposit shall not be accepted by the department
and as such the tenderers are requested to agree to the condition of the NIT in
this regard.
5.0
The validity of the tenders shall be 180 days after opening of the last financial
offers.
6.0
The contractor shall be full responsible and accountable for obtaining all the
required permission from the concerned authorities & for abiding all the laws,
local regulations such as for water, power, extraction of sand and metal,
excavation, blasting transportation of material, safety traffic related to this work.
7.0
The contractor shall be fully responsible for safety of the work workmen and
public etc. at all the stage of work of activities related to this work.
8.0
All the relevant Indian Standard Specification (I.S. Codes) manual and codes of
practices shall be applicable for this work. The decision of the PHED will be final
in this matter.
9.0
For all building and other contract work costing Rs. 10.00 Lakhs or more a
surcharge @ 1% of the cost of work shall be deducted from the bills of the
contractor and shall be remitted to MP Building & Other Construction Workers
Welfare Board, Bhopal.
3
PUBLIC HEALTH ENGINEERING DEPARTMENT
DIVISION .............. (M.P.)
NIT No.
/2007-08
DHAR DATED
NOTICE INVITING TENDER
Online digitally sealed tenders are invited on behalf of the Governor of M.P. for
the following work in Form “F” from the office of the Executive Engineer,
Public Health Engineering Department,....................
Division within the
time mention in the key dates from categories ........... to ............ of
"A"
Class contractors registered, in ......................................................
"B"
Class registered in the ..................................................................
"C"
Class in the office of the Executive Engineer of .........Division.............
The bidders intending to participate in this tender are required to get
enrolled/
registered
on
the
e
procurement
web
sight
http://mpeprocurement.gov.in and get empanelled on the sub portal of Public
Health Engineering Department http://phed.mpeprocurement.gov.in. Enrollment /
registration and subsequent empanelment on the above portal and sub portal is
mandatory. The bidders registered with other departments of Govt. of M.P. who
are also eligible to participate in tenders processed by Public Health Engineering
Department, are also required to registered on the e-procurement system on
http://phed.mpeprocurement.gov.in and after sanction of the tender they will
have to manage their registration in PHED or have to deposit total security deposit
in the approved form also as per provisions.
DETAILS OF THE WORK :S.
N
o.
1.0
Name of
the
Division
Name
Work
of
the
Probable
amount of
contract
(Rs. in
Lacs)
Earnest
Money
(Rs.. in
Lacs)
Cost of
tender
documents
Time
allowed for
completion
Class
of
contra
ctor
GENERAL
1.1
Tender must be submitted in online form for “Lump Sump Contract” duly filled
and digitally signed in as per instruction contained in this tender notice and in
the guideline which are attached with this NIT.
1.2
2.0
Lump Sump tender shall be inclusive of all the items of works.
ISSUE OF TENDER DOCUMENTS
4
2.1
Tender
documents
can
be
purchased
only
online
from
http://phed.mpeprocurement.gov.in by making online payment. The last date
of purchase of tender document is as mention in keydates.
2.2
The bid data should be filled and the bid seals (hashes) of all the envelops
and the documents
which are to be uploaded by the bidders should be
submitted online up to as per time schedule (Key dates).
2.3
The bidders shall have to submit their bids online (decrypt and encrypt the
bids) and upload the relevant documents from as per time schedule (key
dates).
2.4
Other condition including qualification and details of work can be seen in the
office of the undersigned during office hours and downloaded online directly
from
the
M.P.
Public
Health
Engineering
Department
sub
portal
http://phed.mpeprocurement.gov.in. This NIT shall also form the part of
agreement.
2.5
For details on tendering procedure through the electronic tendering system,
please refer to “Guidlines for Using the Electronic Tendering System” available
along with the tender documents.
2.6
The Bidders if needed training are advised to get in touch with the Service
Provider of the e-Procurement System for confirming the time and date for
their training session.
3.0
SPECIFICATIONS
3.1
General Specifications for work have been given in the enclosed annexure."E"
However following order of priority regarding specification for the work shall
be followed by the contractor.
3.2
Specifications issued by the E.in.C. PHED and specification as detailed under
this contractor under special conditions Annexure “D” and special condition.
3.3
Relevant I.S. Specifications for work and material etc.
3.4
Specifications as may be given in writing by the Engineer-in-charge from time
to time.
3.5
Maharashtra P.W.D. Specifications.
3.6
Manual on water supply and treatment issued by the CPHEEO.
3.7
Specifications for pipes, valves, specials, rubber, gaskets RCC and other civil
works and materials shall be governed by the relevant latest IS codes, IRC
specifications and National Building code of India (latest revision)
5
4.0
CHANGE IN SPECIFICATIONS : Nothing in this clause, however, shall curtail the
right of the “Engineering-in-charge” to alter the specification for any part of whole of
the work, if he considers it necessary in the interest of work. On all matters where
there is difference of opinion between the contractor and the Executive Engineer,
P.H.E. Department, (M.P.) the matter will be referred to the C.E. PHED .............
Zone..........
S.E., PHED.............. Circle.................whose decision will be final,
conclusive and binding on the contractor.
5.0
MATERIAL FOR CONSTRUCTION
: All materials required for construction
pertaining to this tender shall be in accordance with standard specification of Building
and Construction Department of
Maharashtra Government (with all amendments
issued up to date of receipt of tenders) BIS Code of practice BIS specification will be
given preference in case there is difference in Maharashtra P.W.D. specification &
BIS specification issued up to date to issue of tender notice and the entire work
pertaining to this tender shall be executed in accordance with the above
specification.
6.0
WORKMANSHIP :- The work shall be carried out according to the specifications
referred to hereinafter & according to sound engineering practice. The structure
should have even & smooth finish. The decision of the Engineer-in-charge in respect
of workmanship shall be final.
7.0
CONCRETE :- All concrete shall be mixed in concrete mixer and compacted by
mechanical vibrators. Slump tests shall be carried out during concreting and sample
test tubes prepared & tested in due course by the contractor at his cost. The result of
the tests shall conform with the required standards and if the Engineer-in-charge
considers that a structural test is necessary, the same shall be carried out as
instructed by the Engineer-in-charge at contractors expenses and if the results of
this be unsatisfactory the contractor will be bound to take down and reconstruct the
particular portion of the work which has given unsatisfactory test results. The
contractor shall have to use only steel shuttering so as to get smooth finish.
8.0
STEEL FOR REINFORCEMENT : All the iron and steel required for the work will be
procured by the contractor at his own cost.
The department shall not supply any
quantity of steel under any circumstances. Steel for reinforcement shall confirm to
B.I.S. specifications 432-1966 (with up to date revision) and B.I.S. 1139-1966 (with
up to date revision). The contractor shall be required to produce the test certificate
of the manufactures to the department before use of steel for the work. No untested
steel will be allowed to be used under any circumstances. The department however
reserves the right to get the steel tested at the cost of contractor.
6
9.0
CEMENT
: In accordance to the instructions contained in Govt. of M.P. PHED,
Bhopal memo no. F-16-28/34-2/87 dt. 28.01.91. Cement required for the work will
be procured by the contractor at his own cost from time as per requirement. The
cement to be used in the work shall be ordinary low heat port land cement
conforming to B.I.S. 269/1976 & Portland Slag Cement conforming to B.I.S.
455/1976 approved by the Engineer-in-charge.
10.0
PIPES SPECIAL AND VALVES : All Specials should be flanged conforming to B.I.S.
158-1976 PAN STOCK GATES shall be as per relevant B.I.S. specifications. The
puddle collars inlet ports and strainers shall also be as per B.I.S. specifications.
11.0
All material used in the civil work should be of quality approved by the Engineer-inCharge. The rejected material should be removed from the site immediately at the
cost of contractor. All component of civil work including electrical and mechanical
work should be of such workmanship and quality that they are liable to perform with
maximum efficiency in the normal working condition. Use of non corrodible materials
for conveying chemicals and to resist abrasive action of sand, and use of suitable
paints and coating for under water fittings to prevent contamination of water are
expected to be providing by the contractor.
12.0
SUBMISSION OF TENDERS :- The Tenderer shall fill/upload the Bids online and the
Bid Hashes of three envelopes shall be digitally signed and submitted online as per
mentioned key dates. The Bidders shall also have to submit Bids online (decrypt the
bids using their Digital Certificate and encrypt the bids) as per mentioned key dates.
There shall be three separate Online envelopes as under:-
13.0
ENVELOPE - A :- The first online envelope shall contain the details of Earnest
Money, scanned copy of the Physical Earnest Money and scanned copy of following
documents.
13.1
Experience certificate of successful completion of work of same nature in
contractor's/firm's/company's own name indicating agreement no., work
order no. and date, amount of contract, stipulated period of completion,
actual period of completion during last five year i.e. 2003-2004 to 2007-2008.
An officer not below the rank of Executive Engineer should issue the
certificate.
13.2
The details of works in hand indicating name of work, Agreement no., work
order no., and date, amount of contract, period of completion, value of work
and balance work in hand with details of work on the date of submission of
Tender.
13.3
Valid registration certificate in appropriate class in M.P. PHE Department.
7
13.4
Valid revenue solvency of F.D.R. of half of its amount.
13.5
Financial turn over works during last five financial years.
13.6
Proof of registration in commercial tax department.
13.7
Current Income Tax clearance certificate.
13.8
List of plants and machineries for successful completion of the works.
The physical earnest money which is to be submitted manually in physical envelop-A
where it should be clearly written on the envelope as under
ENVELOPE - A
EARNEST MONEY
From - (… Name of Contractor…)
and should reach Executive Engineer, PHE Division ............ as per date and time
mentioned in the key dates
14.0
ENVELOPE - B :- The Second Online envelope shall contain terms and conditions
and all the technical details and specifications of the proposed work. The Scanned
copy of terms and conditions, along with technical specifications and drawings etc.
should be submitted online in Envelope “B”.
15.0
ENVELOPE - C : This Envelope shall contain only the Lump-sum offer. The tenderer
shall have to duly fill their Lump-sum offer in appropriate online form meant for it.
16.0
Tender will be submitted with the Earnest Money, of Rs.................................. ......
(In Words........................................... ...................) In favour of the Executive
Engineer, PHE Division ,................ which will be returned to the unsuccessful
tenderer. The Earnest Money of the successful tenderer will be retained as part of
the Security Deposit.
17.0
FORM OF EARNEST MONEY : Where the tenderer proposes to pay the earnest
money in cash he shall pay it to the where the. Tenderer proposes to pay the earnest
money in cash he shall pay it to the credit of revenue deposit on behalf of Executive
Engineer PHED, division ............ in the branch of the state Bank of Government
Treasury of Sub-treasury within the jurisdiction of the Executive Engineer mentioned
above. If, however, the tenderer wishes to deposit the earnest money in any one of
the following forms he may do so.
17.1
Units of unit Trust of India.
17.2
Treasury Receipts.
17.3
Treasury Bonds.
17.4
Approved interest bearing Security.
17.5
Government Promissory Notes in National Loan Plan.
17.6
Post Office Cash Certificate.
8
17.7
10 Years Treasury saving/Deposit/Certificate.
17.8
Demand Draft of State Bank of India or Scheduled Banks.
17.9
National Saving Certificate.
17.10 Bank Draft issued by big Urban Banks whose working Capital exceeds Rs. 5
crores for A, B & C Class, Central Co-operative Banks/Non Scheduled State
Co-operative Banks, Subject to the conditions that the drafts are encased by
accepting authority as soon as they are received and contracts are allotted
only after the encasement of drafts as per MPFD. No. F/2/18/77/R/5/(iv) Dt.
13.02.1987.
17.11 2 Yrs. National Plan Saving Certificate.
17.12 10 Yrs. Defense Deposit Certificate.
17.13 All Small Saving Securities and Post Office Saving Bank Accoung duly pledged
to Government.
17.14 National Saving Certificates duly hypothecated in the neme of the Governor of
Madhya Pradesh.
17.15 Debentures of the Madhya Pradesh Hosing Board as approved by Madhya
Pradesh
Finance
Department
Memo
No.
1319/2306/IV/R-5/75,
Dt.
17.10.1975
18.0
The amount of Earnest Money should be deposited in the Treasury/State Bank of
India and the challan should be submitted in the envelope “A” as mentioned above
under para (2.1).
19.0
EARNEST MONEY IN SEPARATE COVERS:- The Earnest Money, in any one of the
prescribed form should be deposited as mentioned under para 2.5 . If the Earnest
Money is not found in accordance with the prescribed mode, the tender of the
tenderer shall not be opened.
20.0
ADJUSTMENT OF EARNEST MONEY:- The Earnest Money which has been
deposited for a particular work will not ordinarily be adjusted towards the earnest
money for another work, but if the tender of a contractor for a work in the same
Division has been rejected and the Earnest Money has not been refunded to him due
to some reasons it may be adjusted for this work by the Executive Engineer,
provided amount retained is equal or more than required Earnest Money for this
work.
21.0
SECURITY DEPOSIT:- The Security Deposit to be taken for the due performances
of the contact, under the terms and conditions given in the tender form, will be the
Earnest money at the time of tender plus & sum to make it equal to 5% of the
9
amount of contract to be paid within 10 days from the date of issue of letter of
acceptance,failing which the tender shall be rejected & his EMD will be forfeited .
22.0
IMPLICATION OF SUBMISSION OF TENDERS:- Bidders are advised to visit the
site sufficiently in advance of the date fixed for the submission of the tender. The
tenderer shall be deemed to have full knowledge of all relevant documents and site
conditions etc. whether he inspects it or not.
22.1
The submission of a tender by a contractor implies that he has read the
notice, conditions of the tender and all the contract documents and has made
himself fully aware of all the standards and specifications in this respect laid
down in the relevant IS specifications, IRC specifications, manual on water
supply and treatment, and Annexure-E having the scope and the specification
of the work to be done. The contractor will be deemed to have seen the site
of works.
22.2
The contractor shall make his own arrangement for supply of water for
construction, purposes. No lead and lift for any other material including water
will be paid. The tender offer should be inclusive of all leads and lifts for the
materials. The contractor should himself verify the leads of different materials
before submitting his tender.
23.0
ESCALATION:- The scope of work includes all costs, and no escalation will be paid
on this account.
24.0
LIST OF WORKS IN PROGRESS :- Tenders must be accompanied by a list of
Contracts already held by the tenderer at the time of submitting the tender, in the
Department and elsewhere showing therein.
24.1
The amount of each contract
24.2
Balance of work remaining to be done and
24.3
The amount of solvency-certificate produced by him at the time of enrolment
in the department
25.0
RELATIONSHIP :- The contractor shall not be permitted to tender for works in the
Division, (responsible for award and execution of contract ) in which his near relative
is posted a Divisional Accountant. He shall intimate the names of his near relative
working in M.P. Secretariat and P.H.E Department. He shall also intimate the name
of person working with him in any capacity or subsequently employed by him and
who are near relatives to any Gazetted Officer in the M.P. Secretariat and P.H.E
Department. Any breach of this condition by the contractor would render him self
liable to be removed form the approved list of contractors of the P.H.E. Department.
10
NOTE :- By the term “near relative” is meant wife, husband, parents and son, Grand
son, brothers, sisters, brothers in laws, father in law and mother in law.
26.0
POWER OF EXECUTIVE ENGINEER : The Executive Engineer does no bind himself
to or recommend for the acceptance to higher authority the lowest or any tender or
to give any reason for his decision.
27.0
CONDITIONAL TENDER : Conditional tenders are liable to be rejected.
28.0
CANVASSING :- Canvassing in support of any firm/contractor for the acceptance of
any tender is strictly prohibited. Any tenderer doing so will render himself liable to
penalties which may include removal of his name from the register of approved
contractors or penal action under sections 8 of M.P. Vinirdishtra Bharasta Acharan
Niwaran Vidheyak, 1983.
29.0
ONLINE SUBMISSION OF TENDER :- Only the bid submitted online and envelopes
digitelly signed will be opened
30.0
AUTHORITY OF EXECUTIVE ENGINEER :- The authority competent to accept a
tender, reserves the right for accepting the tender for the whole work or for a
distinct part of it, or distributing the work between two or more Bidders.
31.0
VALIDITY OF OFFER : Tender shall remain open up to ....... days from the date of
opening of the last financial price bids (Envelop "C") and in the event of the tenders
withdrawing the offer before the aforesaid date for any reason whatsoever, earnest
money deposit with the tender shall be forfeited by Government.
32.0
TIME OF COMPLETION :- The time allowed for carrying out the work i.e. .....
months including rainy season shall be strictly observed and shall be reckoned from
the date of issue of written order to commence the work. Delay beyond the specified
time limit will be subject to liquidated damages according to clause 13 of Form “F” of
Lump sum contract.
33.0
TIME SCHEDULE:- The work shall be done by the contractor according to the
schedule fixed in consultation with the competent authority. BAR/PERT/CPM chart
showing detailed programme shall have to be submitted and adhered to by the
contractor.
34.0
PAYMENTS
34.1
Payment to the contractor will be made as per clause 15 of the Tender form
lump sum contract. No change in this payment schedule will be permitted.
34.2
The Security deposit of the contractor shall not be refunded before the expiry
of 6 months after successful testing of the work. It shall not be refunded also
before the settlement and payment of the final bill in any case.
34.3
No escalation shall be payable on any account.
11
35.0
MISCELLANEOUS CONDITIONS:35.1
SUBLETTING WORK:- The contractor shall not without the prior approval of
the competent authority, in writing, sublet or assign to any other party or
parties the whole, or any
portion of the
work under the contract. Where
such approval is granted, the contractor shall not be relieved of any obligation
or duty or responsibility, which he under takes under the contract.
35.2
BLASTING:-
In
case
limited/suppressed
blasting
resorted
to
by
the
contractor in excavation of trenches, it will be the responsibility of the
contractor
to
observe
all
rules
and
regulations
permission
licence,
procurement, preservation and storage of explosive material etc.
36.0
COMMERCIAL TAX :- All dues regarding taxes, and duties including the commercial
Taxes, Royalties, Octroil Duties, Excise, Turnover, Taxes etc. on work, Contract etc.
levied on the contractor’s work by Government and local bodies or private individuals
will be payable by the contractor. The............ will grant a certificate for the quantity
actual used on the work but ewill not entertain any claim on this account .
37.0
ROYALTY:-Minerals extracted for works carried out on behalf of the government,
from the quarries in possession of and controlled by the State Government is subject
to payment of Royalty by the contractor to whom it shall not be refundable.
38.0
MODEL RULES RELATED TO LABOUR, WATER SUPPLY AND SANITATION IN
LABOUR CAMPS. :-The contractor will be bound to follow the Madhya Pradesh
Model Rules, relating to layout Water Supply and sanitation in labour camps, as per
Annexure - A and the provisions of the National Building Code of India, in regard to
construction and safety.
39.0
FAIR WAGES:- The contractor(s) shall pay not less than the fair wages to labour
engaged by him on the work ( copy of the Rules enclosed as Annexure - “A” )
40.0
Works In The Vicinity :-
The Executive Engineer, reserves the right to take up
Departmental work or to award works on the contract in the vicinity without
prejudice to the terms of contract.
41.0
BEST QUALITY OF QUARRIED MATERIALS:- If the quarry material of more than
one quality is found, the material approved by the Executive Engineer will only used
by the contractor. If the materials of required Specification is not available in the
near by area/quarry, the contractor shall have to arrange the same from the place
where it is available.
12
42.0
REMOVAL OF UNDESIRABLE PERSONS:- The contractor shall on receipt of the
requisition from the Executive Engineer, at once remove any person employed by
him on the work who in the opinion of the Executive Engineer is unsuitable or
undesirable.
43.0
AMOUNT DUE FORM CONTRACTOR:- Any amount due to Government from the
Contractor on any account of concerning work may be recovered form him as arrears
of Land Revenue.
44.0
TOOLS & PLANTS:- The contractor shall arrange at his own cost all Tools and Plants
required for proper execution of work. Certain plants, may however, be issued to the
contractors by the Department, as special case as per provision of W.D. Manual Vol.
1 if are available and sparable .
45.0
RIGHT TO INCREASE OF DECREASE OF WORK: The competent authority
reserves the right to increase or decrease any item of work during the currency of
the contract and the contractor will be bound to comply with the order of the
competent authority without any claim for compensation or higher rates for additions
and alterations.
46.0
LABOUR REPORT:- Contractor will submit a report on labour engaged to local
employment office and copy of same may be attached with the running account bill,
failing which Rs.50/- will be deducted from each running bill. Total recovery on this
account may be effected on the final bill.
47.0
LABOUR LICENCE :- Every contractor who employs on any day of the preceding 12
months, twenty or more workers on contract is required to obtain license from the
Licensing Officer or the Contract as per provision contained under Sub-section 4 (b)
of section 2 of the Contract Labour ( Regulation and Abolition ) Act 1970 as per
provision contained in Section 12 of Act. No, contractor shall execute any work
without obtaining licence, contravention of above is punishable and contractor is
liable to be prosecuted. The successful tenderer is liable to produce licence as and
when demanded by the Executive Engineer, obtained form labour Department as laid
down in chapter 4 of Contract labour ( Regulation and abolition) Act 1970.
48.0
LABOUR HUTMENT :- The contractor shall make arrangement, at his own cost, for
housing his staff and stores for the work and Model Rules relating to labour Water
supply and sanitation shall be followed.
49.0
DEFECT LIABILITY PERIOD :- The defect liability period in respect of the entire
work as a whole or in parts of individual components included in this contract shall
be 6 months form the date of completion of work and certified by the Executive
Engineer as per clause 10 of
form F.
13
50.0
TECHNICAL SUPERVISION :- The Contractor shall employ a Graduate Engineer
during the execution of the work :50.1
The technical staff should be available at site whenever required by the
Executive Engineer to give instructions.
50.2
In case the contractor fails to employ a Graduate Engineer as aforesaid Deptt.
shall have the right to take suitable remedial measures.
50.3
The contractor should give the names and other details of the Graduate
Engineer/Diploma holder Sub-Engineers when he intends to employ or who is
under employment, before he commences the work.
50.4
The contractor should give a certificate to the effect that the Graduate
Engineer is exclusively in his employment.
50.4.1 It is not necessary for the contractor (or partner in case of
firm/company) who is himself an engineer to employ engineer for the
supervision of the work so long as the Contractor/partner works
similar to what would have been done by and Employed Engineer.
50.4.2 The retired Engineer who is holding Diploma in Civil Engineer or a
Diploma holder having 5 years or more experience will be treated as
Graduate Engineer, for the operation of above clause.
50.4.3 In case the contractor fails to employ the technical staff as aforesaid,
he shall be liable to pay to the Government a sum of Rs. 10000.00
(Ten thousand) only for each month of defaults in case of Graduate
Engineer and Rs. 5000.00 (Rs. Five thousands only) for each month of
defaults in the cause of diploma holder Engineer.
51.0
AGREEMENT :51.1 The Notes and specifications given in the detailed notice inviting tenders and
its annexure are to be read in conjunction with conditions given in the short
notice inviting tenders and the conditions of Contract. These have been
intended to supplement the provisions, in the NIT and the conditions of the
Contract. All these will be binding on the contractor and shall form part of the
agreement. However, in case of any contradiction between the common set of
conditions and the NIT, the common set of conditions will supersede.
51.2
EXECUTION OF AGREEMENT :- The Tenderer whose tender has been accepted
shall have to execute the agreement with in a fortnight of the communication
of the acceptance of his tender by the competent authority. Failure to do so
will result in the Earnest Money being forfeited to Govt. and tender being
cancelled.
14
52.0
ANNEXURE
:- Other than form ‘F’ and condition of contract following documents
are appended as annexures with this N.I.T. and these shall be part of contract
agreement.
ANNEXURE ‘A’
:-
Model Rules relating to labour, water supply and sanitation in
labour camp etc.
ANNEXURE ‘B’
:-
Contractor’s Labour Regulations
ANNEXURE ‘C’
:-
Source of Materials (Not applicable for building works)
ANNEXURE ‘D’
:-
Form of Income Tax clearance certificate
ANNEXURE ‘E’
:-
Specifications of the work
ANNEXURE ‘F’
:-
Schedule of items
ANNEXURE ‘G’
:-
Form of Bank guarantee
ANNEXURE ‘H’
:-
Break schedule for valuation of work.
ANNEXURE ‘I'
:-
Drawing etc.
ANNEXURE ‘J’
:-
Guidelines For Online E procurement system.
15
Annexure-"A"
Model rules relating to labour, to water supply and
sanitation in labour campas
NOTE : These model rules are intended primarily for labour camps which are not of a
permanent nature. They lay down the minimum desirable standard which should be
adhered to standards in permanent on semi permanent labour camps should not
obviously be lower than for temporary camps.
1.
LOCATION : The camp should be located in elevated and well drained ground in. the
locality.
2.
Labour huts to be constructed for one family of 5 persons each. The layout to be shown in
the prescribed sketch.
3.
HUTTING: The huts to be built of local materials. Each hut should provide at least 20
sqm. of living space.
4.
SANITARY FACILITIES : Latrines and urinals shall be provided atleast 15 mtrs. away
from the nearest quarters separately for men and women and specially so marked in
the following scale.
5.
LATRINES : Pit provided at the rate of 10 user or families per seat. Separate are required
as the privacy can also, be used for this purpose.
6.
DRINKING WATER : Adequate arrangements shall be made for the supply of drinking
water. : practicable filtered and chlorinated supplies shall be arranged when supple is
from intermittent source over head storage tank shall be provided with a capacity of
five liters a per son per day. Where the supply is to be made from a well it shall confirm
to the sanitary standard laid down in the report of the rural sanitation committee. The
well should be at least 30 meters away from any latrine or other source of pollution. If
possible the and pump should be installed for drawing the water from well. The well
should be effectively disinfected one every month and the quality of the water should be
got tested at the Public Health Institution between each work of disinfecting.
7.
BATHING AND WASHING : Separate bathing and washing place shall be provided for
men and women for every 25 persons in the camp. There shall be one gap and space of
2 sq. for washing and bathing. Proper drainage for wastewater should be provided.
8.
WASTE DISPOSAL : Dustbin shall be provided at suitable places in camp and the
residence shall be directed to throw all rubbish into those dustbins. The dustbin shall be
16
provided with cover. The contents shall be removed every day and disposed off by
trenching.
9.
MEDICAL FACILITIES :
9.1
Every camp where 1000 or more persons reside shall be provided with whole
time doctor and dispensary. If there are women in the camp a whole time
Nurse shall be employed.
9.2
Every camp where less than 1000 but more than 250 persons resides shall be
provided with a dispensary and a part time, Nurse/ Midwife.
9.3
If there are less than 250 persons in any camp a first aid kit shall be
maintained in charge of whole time persons trained in first aid.
All the medical facilities mentioned above shall be for the all residents
in the camp, including a dependent of workers, if any, free of costs.
Sanitary Staff :- For each labour camp there should be qualified sanitary inspector
and sweepers should be provided in the following scales:1.0
For camps with strength over 200 but not exceeding 500 persons- One
sweeper for every 75 persons above the first 200 for which 3 sweepers will be
provided.
2.0
For camps with strength over 500 persons- One sweeper for every 100 persons
above the first 500 for which 6 sweepers should be will be provided.
17
Annexure “B”
Contractor's labour regulationons
The contractor shall pay not less than fair wage to labours engaged by him in the work.
EXPLANATION
A.
"FAIR WAGES" means whether for time of piece work as notified on the date of
inviting tenders and where such wages have not been so notified the wages
prescribed by the competent authority for division in which the work is done.
B.
The contractor shall, notwithstanding the provision of any contract to the contrary, cause
to be paid a fair to labours indirectly engaged on the work including any labour engaged
by his sub-contractor in connection with the said work as if labours had been immediately
employed by him.
C.
In respect of all labour directly or indirectly employed on the works or the performance of
his contract, the contractor shall comply with or cause to be complied with the Labour
Act in-force.
D.
The Executive Engineer/Sub-Divisional officer shall have the right to deduct from the
money due to the contractor any sum required or estimated to be required for making
good, the loss suffered by a worker or workers by reason of iron-fulfillment of the
conditions of the contract for the benefit of the workers non payment of the wages or of
deductions made from his or their wages which are not justified by their terms of contract
or non-observance of regulations.
E.
The contractor shall be primarily liable for all payments to be made under and for the
observance of the regulations aforesaid without prejudice to his right to claim indemnity
from his sub-contractor.
F.
The Regulations aforesaid shall be deemed to be a part of this contract and any
breach thereof shall be deemed to be a breach of this conduct.
G.
The contractor shall obtain -a valid license under the Contract (Regulation Abolition)
Act, in force and rule made there under by the competent authority from time to t ime
before commencement of work and continue to have a valid license until the
completion of the work.
Any failure to fulfill this requirement shall attract the penal provisions of this contract
arising out of the resulted non-execution of the work assigned to the contractor.
18
ANNEXURE “C”
Statement showing the lead of materials
S.No.
Description
Lead
1
2
3
4
5
Note :- This statement is only for guidance of the contractors. The tenderer should satisfy
himself regarding the availability of the required quality and quantity of materials.
19
ANNEXURE “D”
From of certificated of income tax to be submitted by
contractor (S) tendering for works costing
Rs. 2.00 Lakes or more
i.
Name & Style (of the company, firm, H.U.F., or Individual) in which the applicant assessed to
Income Tax and Address for purposes of assessment.
ii. The Income Tax Circle/Ward/District in which the applicant is assessed to Income Tax.
iii. Following particulars concerning the last Income Tax Assessment made :-
(a) Reference No, (Or G. I. R. No.) of the assessment.
(b) Assessment year and Accounting year.
(c) Amount of Total Income Assessed.
(d) Amount of Tax Assessed 1. T., S. T., E. P. T., B. P.T.
(e) Amount of Tax Paid 1. T., S. T., E. P. T., B. P. T.
(f) Balance being tax not yet paid and reasons for such arrears.
(g) Whether any attachment or certificate proceedings pending in respect of the
arrears.
(h) Whether the company or firm or H. U. F. on which the assessment was made
has been or is being liquidated, roundup dissolved, petitioned or being declared
insolvent as the case may be.
(i) The position about later assignment namely, whether returns submitted under
section 22(l) or (2) of the IT Act and whether tax paid under section 18(a) of the
Act and the amount of tax so paid or in arrears. ,
iv. In case there has been no Income Tax Assessment at all in the past, whether returns
submitted under section 21 (1) or (2) and 18-A (3) and if so, the amount of Income Tax
Return or Tax paid and the Income Tax Circle/Ward/ District concerned.
v. The name and address of branch (es) verified the particulars set out above and sound
correct subject to the following remarks.
Dated …………………
Signature of I.T. C.
Circle/Ward/District.
20
ANNEXURE “E”
Specification for the work of construction of...........
Executive Engineer
Public Health Engineering Department
.................. Division..................
21
ANNEXURE “F”
Schedule of items to be executed...........
S.No.
Particulars of items
Unit
Executive Engineer
Public Health Engineering Department
.................. Division..................
22
ANNEXURE G(Revised form of Bank Guarantee Bond)
GUARANTEE BOND
(To be used by the approved Schedule Banks)
1.
In consideration of the Governor of Madhya Pradesh (hereinafter called the
Government) having agreed to exempt ......................................... (hereinafter
called the said contractor) from the demand under the terms & condition of the
agreement
dated
made
between...............and........................for
the
work
(hereinafter called the said agreement) of security deposit for the due fulfillment by
the said contractor(s) of the terms and conditions contained in the said agreement,
on
production
of
a
Bank
Guarantee
(Rupees)........................................................)
undertake
to
pay
to
the
Govt.
said
an
for
Rs..........................
contractor(s)
amount
not
do
hereby
exceeding
Rs....................................... against any loss or damage caused to or suffered or
would be caused to or suffered by the government, by reasons of any breach by the
said Contractor(s) of the terms or conditions contained in the said agreement.
2.
We ................................... Bank Limited do hereby undertake to pay the amounts
due and payable under this guarantee without any demur merely on a demand from
the government stating the amount claimed is due by way of loss or damage caused
to or would e caused to or suffered by the Government by reason of breach by the
said Contractor(s) of any of terms or conditions contained in the said agreement or
by reasons of the Contractor(s) failure to perform the said agreement. Any such
demand made on the Bank shall be conclusive, as regards the amount due and
payable by the Bank under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs......................
3.
We (*).................................... bank limited further agree that the guarantee
herein contained shall remain in full force and effect during the period that would be
taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the government under or by virtue of the said
agreement have been fully paid and its claims satisfied or discharged or till the
Executive Engineer, PHED Division....... certifies that the terms and conditions of the
said agreement have been fully and properly carried out by the said contractor(s)
and accordingly discharges this guarantee. Unless a demand or claim under this
guarantee is made on us in writing on or before the (here indicate a date which fails
23
9 months beyond the due date of completion of the work) .............................. we
shall be discharged from all liability under this guarantee.
4.
We (*)................................... Bank Limited further agree with the government
that the government shall have the fullest liberty without our consent and without
effecting in any manner our obligation hereunder to vary any of the terms and
conditions of the said agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any or for time to time any of
the powers exercisable by the government against the said contractor(s) and to for
bear or enforce any of the terms and conditions relating to the said agreement and
we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said contractor(s) or for bearance, act or commission
on the part of the Government or any indulgence by the Government to the said
contractor(s) by any such matter or thing whatsoever which under the law relating to
sureties would, but for this provision have effect of so relieving us.
6.
This guarantee will not be discharged due to the change in the constitution of the
Bank or the Contractor(s).
7.
We..........................................................Bank Limited lastly undertake not to
revoke this guarantee during its currency except with the previous consent of the
Government in writing.
Dated the..........................day of ...................for.(*)....................
(indicate the name of the Bank)
24