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GENERAL RULES AND DIRECTIONS

General Rules& Directions

1. All work proposed for execution by contract will be notified in a form of invitationto tender pasted in public places and signed by the officer inviting tender or bypublication in News papers as the case may be.

This form will state the work to be carried out, as well as the date forsubmitting and opening tenders and the time allowed for carrying out the work,also the amount of earnest money to be deposited with the tender, and theamount of the security deposit and Performance guarantee to be deposited bythe successful tenderer and the percentage, if any, to be deducted from bills.opies of the specifications, designs and drawings and any other documents

re!uired in connection with the work signed for the purpose of identificationby the officer inviting tender shall also be open for inspection by the contractorat the office of officer inviting tender during office hours

". #n the event of the tender being submitted by a firm, it must be signed separatelyby each partner thereof or in the event of the absence of any partner, it must besigned on his behalf by a person holding a power$of attorney authori%ing him to doso, such power of attorney to be produced with the tender, and it must disclosethat the firm is duly registered under the #ndian Partnership Act, 1&'"

(. )eceipts for paymentmade on account of work, when executed by a firm, mustalso be signed by all the partners, except where contractors are described in theirtender as a firm, in which case the receipts must be signed in the name of the firmby one of the partners, or by some other person having due authority to give

effectual receipts for the firm.

Applicable forItem RateTender onl

*. Any person who submits a tender shall fill up the usual printed form, stating atwhat rate he is willing to undertake each item of the work. Tenders, whichpropose any alteration in the work specified in the said form of invitation totender, or in the time allowed for carrying out the work, or which contain anyother conditions of any sort, including conditional rebates, will be summarilyre+ected. No single tender shall include more than one work, but contractors whowish to tender for two or more works shall submit separate tender for each.Tender shall have the name and number of the works to which they refer, writtenon the envelopes.

The rates- must be !uoted in decimal coinage. Amounts must be !uoted in fullrupees by ignoring fifty paisa and considering more than fifty paisa as rupee one.

Applicable for!ercenta"eRate Tenderonl

*A. #n case of Percentage )ate Tenders, tenderer shall fill up the usual printed form,stating at what percentage belowabove in figures as well as in words- the totalestimated cost given in /chedule of 0uantities at /chedule$A, he will be willing toexecute the work. T#e tendersubmitted s#all be treated as in$alid if%

i- The contractor does not !uote percentage abovebelow on the total amountof tender or any sectionsub head of the tender.

ii- The percentage abovebelow is not !uoted in figures words both on the totalamount of tender or any sectionsub head of the tender

iii- The percentage !uoted abovebelow is different in figures words on the totalamount of tender or any sectionsub head of the tender2

XXXX/COL/Civil/2014/NIT NO

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Tenders, which propose any alteration in the work specified in the said form ofinvitation to tender, or in the time allowed for carrying out the work, or whichcontain any other conditions of any sort including conditional rebates, will besummarily re+ected. No single tender shall include more than one work, butcontractors who wish to tender for two or more works shall submit separate tenderfor each. Tender shall have the name and number of the works to which they refer,written on the envelopes.

'. The officer inviting tender or his duly authori%ed assistant will open tenders in thepresence of any intending contractorswho may be present at the time, and willenter the amounts of the several tenders in a comparative statement in a suitableform. #n the event of a tender being accepted, a receipt for the earnest moneyshall thereupon be given to the contractor who shall thereupon for the purpose ofidentification sign copies of the specifications and other documents mentioned in)ule$#. #n the event of a tender being re+ected, the earnest money shallthereupon be returned to the contractor remitting the same, without anyinterest.

3. The officer inviting tenders shall have the right of re+ecting all or any of thetenders and will not be bound to accept the lowest or any other tender.

4. The receipt of an accountant or clerkfor any money paid by the contractorwill not be considered as any acknowledgment or payment to the officerinviting tender and the contractor shall be responsible for seeing that heprocures a receipt signed by the officer inviting tender or a duly authori%edashier.

5. The memorandum of work tendered for and the schedule of materials to besupplied by the department and their issue$rates, shall be filled and completedin the office of the officer inviting tenderbefore the tender form is issued. #f aform is issued to an intending tenderer without having been so filled in and

incomplete, he shall re!uest the officer to have this done before he completesand delivers his tender

&. The tenderers shall sign a declaration under the officials /ecret Act 1&"(, formaintaining secrecy of the tender documents drawings or other recordsconnected with the work given to them. The unsuccessful tenderers shall returnall the drawings given to them.

The 6rawing and specification made available to the tenders shall exclusively beused on this work and they are restrained from passing on such plans to anyunauthori%ed hand either in parts or in full. Any violation in this regard will entailsuitable action under appropriate clauses of the law.

&A. 7se of correcting fluid, anywhere in tender document is not permitted. /uchtender is liable for re+ection.

Applicablefor Item RateTender onl

18. #n the case of #tem )ate Tenders, only rates !uoted shall be considered. Anytender containing percentage belowabove the rates !uoted is liable to bere+ected. )ates !uoted by the contractor in item rate tender in figures and wordsshall be accurately filled in so that there is no discrepancy in the rates written infigures and words. 9owever, if a discrepancy is found, the rates whichcorrespond with the amount worked out by the contractor shall unless otherwiseproved be taken as correct. #f the amount of an item is not worked out by thecontractor or it does not correspond with the rates written either in figures or in

words, then the rates !uoted by the contractor in words shall be taken as correct.:here the rates !uoted by the contractor in figures and in words tally, but theamount is not worked out correctly, the rates !uoted by the contractor will


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unless otherwise proved be taken as correct and not the amount. #n event norate has been !uoted for any items-, leaving space both in figures-, words-,and amount blank, it will be presumed that the contractor has included thecost of thisthese items- in other items and rate for such items- will beconsidered as %ero and work will be re!uired to be executed accordingly.

Applicablefor !ercenta"e

Rate Tenderonl

18A. #n case of Percentage )ate Tenders only percentage !uoted shall be considered.Any tender containing item rates is liable to be re+ected. Percentage !uoted by

the contractor in percentage rate tender shall be accurately filled in figures andwords, so that there is no discrepancy.

11. #n the case of any tender where unit rate of any itemitems appear unrealistic,such tender will be considered as unbalanced and in case the tenderer is unableto provide satisfactory explanation, such a tender is liable to be dis!ualified andre+ected.

Applicablefor Item RateTender onl

1". All rates shall be !uoted on the tender form. The amount for each item should beworked out and re!uisite totals given. /pecial care should be taken to write therates in figures as well as in words and the amount in figures only, in such a waythat interpolation is not possible. The total amount should be written both infigures and in words. #n case of figures, the word ;)s.; should be writtenbefore thefigure of rupees and word ;P; after the decimal figures, e.g.;)s. ".1' P; and in

case of words, the word, ;)upees; should precede and the word ;Paise; shouldbe written at the end. 7nless the rate is in whole rupees and followed by theword ;only; it should invariably be upto two decimal places. :hile !uoting therate in schedule of !uantities, the word ;only; should be written closely followingthe amount and it should not be written in the next line.

Applicablefor !ercenta"eRate Tenderonl

1"A. #n Percentage )ate Tender, the tenderer shall !uote percentage belowabove infigures as well as in words- at which he will be willing to execute the work. 9eshall also work out the total amount of his offer and the same should be writtenin figures as well as in words in such a way that no interpolation is possible. #ncase of figures, the word ;)s.; should be written before the figure of rupees andword ;P; after the decimal figures, e.g. ;)s. ".1'P and in case of words, the word;)upees; should precede and the word ;Paisa; should be written at the end.

1(. i- The ontractor whose tender is accepted, will be re!uired to furnish

performance guarantee of 'anker;s che!ue of any scheduled bank6emand 6raft ofany scheduled bankPay order of any scheduled bank in case guaranteeamount is less than )s. 1,88,888$- or ?overnment /ecurities or =ixed 6eposit)eceipts or ?uarantee >onds of any /cheduled >ank or the /tate >ank of#ndia in accordance with the prescribed form.

ii- The contractor whose tender is accepted will also be re!uired to furnish by way

of /ecurity 6epositfor the fulfillment of his contract, an amount e!ual to ".')- of appropriate class, must associatehimself with agencies of appropriate class which are eligible to tender forsanitary and water supply drainage, electrical and horticulture works in thecomposite tender.

1&. The contractor shall submit list of workswhich are in handprogress- in the

following form2$

Name of

:ork

Name and particulars of6ivn. :here work is being

executed

Balue of

:ork

Position of worksin Progress

)emarks

"8. The contractor shall comply with the provisions of the Apprentices Act1&31,

and the rules and orders issued there under from time to time. #f he fails to do

so, his failure will be a breach of the contract and the /uperintending

ngineerCCCCCCCCCmay in his discretion, without pre+udice to any other right

or remedy available in law, cancel the contract. The contractor shall also be

liable for any pecuniary liability arising on account of any violation by him ofthe provisions of the said Act.


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CONDITIONS OF CONTRACT

Definitions 1 The Contract means the documents forming the tender and acceptance thereofandthe formal agreement executed between the competent authority on behalf of thePresident of #ndia and the ontractor, together with the documents referred totherein including these conditions, the specifications, designs, drawings andinstructions issued from time to time by the ngineer$in$ harge and all t#ese

documents ta)en to"et#er' s#all be deemed to form one contract and s#all becomplementar to one anot#er*

" #n the contract, the following expressions shall, unless the context otherwisere!uires, have the meanings, hereby respectively assigned to them2$

i- The expression (or)s or (or) shall, unless there be something either in thesub+ect or context repugnant to such construction, be construed and taken tomean the works by or by virtue of the contract contracted to be executedwhether temporary or permanent, and whether original, altered, substituted oradditional.

ii- The Site shall mean the landor other places on, into or through which work isto be executed under the contract or any ad+acent land, path or street throughwhich work is to be executed under the contract or any ad+acent land, path orstreet which may be allotted or used for the purpose of carrying out thecontract.

iii- The Contractor shall mean the individual, firm or company, whetherincorporated or not, undertaking the works and shall include the legalpersonal representative of such individual or the persons composing such firmor company, or the successors of such firm or company and the permittedassignees of such individual, firm or company.

iv- The !resident means the President of #ndia and his successors.

v- The En"ineerinc#ar"e means the ngineer @fficer who shall superviseand be in charge of the work and who shall sign the contract on behalf of thePresident of #ndia as mentioned in /chedule ;=; hereunder.

vi- Go$ernment or Go$ernment of India shall mean the President of #ndia.

vii- The terms +++++++++,C#ief E-ecuti$e includes their authori%edrepresentatives.

viii- Acceptin" Aut#orit shall mean the authority mentioned in /chedule ;=;.

ix- E-cepted Ris) are risks due to riots other than those on account ofcontractor;s employees-, war whether declared or not- invasion, act of foreignenemies, hostilities, civil war, rebellion revolution, insurrection, military orusurped power, any acts of ?overnment, damages from aircraft, acts of ?od,such as earth!uake, lightening and unprecedented floods, and other causes overwhich the contractor has no control and accepted as such by the AcceptingAuthority or causes solely due to use or occupation by ?overnment of the part ofthe works in respect of which a certificate of completion has been issued or acause solely due to ?overnment;s faulty design of works.

x- .ar)et Rate shall be the rate as decided by the ngineer$in$harge on thebasis of the cost of materials and labour at the site where the work is to beexecuted plus the percentage mentioned in /chedule ;=; to cover, all


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overheads and profits.

xi- Sc#edule/s0 referred to in these conditions shall mean the relevantschedules- annexed to the tender papers or the standard /chedule of )ates ofthe government mentioned in /chedule ;=; hereunder, with the amendmentsthere to issued up to the date of receipt of the tender.

xii- Department means xxxxx or any department of ?overnment of #ndia which

invites tenders on behalf of President of #ndia as specified in schedule ;=;.

xiii- District Specifications means the specifications followed by the /tate?overnment in the area where the work is to be executed.

xiv- Tendered $alue means the value of the entire work as stipulated in the letter ofaward.

xv- Date of commencement of (or)%The date of commencement of work shall bethe date of start as specified in schedule ;=; or the first date of handing over ofthe site, whichever is later, in accordance with the phasing if any, as indicated inthe tender document.

Scope and!erformance

( :here the context so re!uires, words imparting thesingular only also include theplural and vice versa.Any reference to masculine gender shall whenever re!uiredinclude feminine gender and vice versa.

* 9eadings and Darginal notes to these ?eneral onditions of ontract shall not bedeemed to form part thereof or be taken into consideration in the interpretation orconstruction thereof or of the contract.

' The contractor shall be furnished, free of cost one certified copy of the contractdocuments except standard specifications, /chedule of )ates and such other printed

and published documents, together with all drawings as may be forming part of thetender papers. None of these documents shall be used for any purpose other thanthat of this contract.

1or)s to becarried out

3 The work to be carried out under the ontract shall, except as otherwise provided inthese conditions, include all labour, materials, tools, plants, e!uipment and transportwhich may be re!uired in preparation of and for and in the full and entire executionand completion of the works. The descriptions given in the /chedule of 0uantities/chedule$ A- shall, unless otherwise stated, be held to include wastage onmaterials, carriage and cartage, carrying and return of empties, hoisting, setting,fitting and fixing in position and all other labours necessary in and for the full andentire execution and completion of the work as aforesaid in accordance with goodpractice and recogni%ed principles

Sufficienc ofTender

4 The ontractor shall be deemed to have satisfied himself before tendering as to thecorrectness and sufficiency of his tender for the works and of the rates and prices!uoted in the /chedule of 0uantities, which rates and prices shall, except asotherwise provided, cover all his obligations under the ontract and all matters andthings necessary for the proper completion and maintenance of the works.

Discrepanciesand Ad2ustmentof Errors

5 The several documents forming the ontract are to be taken as mutually explanatoryof one another, detailed drawings being followed in preference to small scale drawingand figured dimensions in preference to scale and special clauses in preference to

?eneral onditions.

5.1 #n the case of discrepancy between the schedule of 0uantities, the /pecificationsand or the 6rawings, the following order of preferenceshall be observed2$


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i- 6escription of /chedule of 0uantities.ii- Particular /pecification and /pecial ondition, if any.iii- 6rawings.iv- 6epartment specificationsv- P:6 /pecifications.vi- #ndian /tandard /pecifications of >.#./.

5." #f there are varying or conflicting provisions made in any one document forming part of

the contract, the Accepting Authority shall be the deciding authority with regard to theintention of the document and his decision shall be final and binding on the contractor.

5.( Any error in description, !uantity or rate in /chedule of 0uantities or any omissionthere from shall not vitiate the ontract or release the ontractor from the execution ofthe whole or any part of the works comprised therein according to drawings andspecifications or from any of his obligations under the contract.

Si"nin" ofContract

& The successful tenderercontractor, on acceptance of his tender by the AcceptingAuthority, shall, within 1' days from the stipulated date of start of the work, sign thecontract consistingof 2$i- The notice inviting tender, all the documents including drawings, if any, forming the

tender as issued at the time of invitation of tender and acceptance thereof togetherwith any correspondence leading thereto.

ii- /tandard .P.:.6. =ormas mentioned in /chedule ;=;consisting of2

a- Barious standard clauses with corrections up to the date stipulated in/chedule ;=; along with annexures thereto.

b- .P.:.6. CCCC/afety ode.

c- Dodel )ules for the protection of health, sanitary arrangements forworkersemployed by CCCC or its contractors.

d- CCCCCCContractor;s Eabour )egulations.

e- Eist of Acts and omissions for which fines can be imposed.

iii- No payment for the work done will be made unless contract is signed by thecontractor.


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CLAUSES O3 CONTRACT

INDE+

EA7/ T#TE @= T9 EA7/ PA?

1 Performance ?uarantee

1$A )ecovery of /ecurity 6eposit

" ompensation for delay

"A #ncentive for early ompletion

( :hen ontract can be determined $ Powers of ngineer$in$harge

($A losure of ontract on non$commencement of work

* ontractor liable to Pay ompensation even if action not taken under lause $ (

' Time xtension for delay

33$A Deasurements of :ork 6one and omputeri%ed Deasurement >ook

4 Payment on #ntermediate ertif icate to be regarded as Advances, Payment in

composite contracts.

5 ompletion ertificate and ompletion Plans

5A5> ontractor to keep /ite clean ompletion Plans to be /ubmitted by the ontractor

&&A Payment of =inal >ill Payment of ontractor;s >ills to >anks

18 Daterials supplied by ?overnment

18 A Daterials to be provided by the ontractor

18 >$i- /ecured Advance on Non$Perishable Daterials

18>$ii- Dobili%ation Advance

18>$iii- Plant, Dachinery /huttering Daterial Advance

18>$iv- #nterest )ecovery

18 Payment on Account of increase in Prices :ages due to /tatutory @rders-

18A Payment due to Bariation in Prices of Daterials after receipt of Tender

18 Payment due to #ncrease6ecrease in Prices:ages excluding materials covered

under clause 18A- after )eceipt of Tender for :orks

18 6 xcavated 6ismantled Daterials will be ?ovt. property

11 :ork to be executed in Accordance with /pecifications, 6rawings, @rders etc.

1" 6eviations Bariations 2 xtent and Pricing

1".1 Time xtension due to Additional ost over Tendered Balue

1"." 6eviation, xtra items and Pricing

a-b- 6eviation, /ubstituted items 6eviated 0uantities, Pricing

1".( 6ecrease in )ates for deviated !uantities


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1".* laims for additional works ordered by the ngineer$in$harge

1".' :orks treated as related to =oundation

1".3 #ncidental operations for proper execution of item deemed to be included in the #tem

)ate.1( =oreclosure of ontract due to Abandonment or )eduction in /cope of :ork

1* arrying out part work at )isk ost of contractor

1' /uspension of :ork

1'A ompensation in case of 6elay of /upply of Daterial by ?ovt.

13 Action in case of :ork not done as per /pecifications

14 ontractor Eiable for 6amages, defects during defect l iability period

15 ontractor to /upply Tools Plants etc.

15$A )ecovery of ompensation paid to :orkmen

15$> nsuring Payment Amenities to :orkers if ontractor fails

1& Eabour Eaws to be omplied by the ontractor

1&$A No Eabour below 15 years.

1&$> Payment of :ages

1&$ /afety Provisions for Eabour Penalty on 6efault

1&$6 /ubmission of =ortnightly Eabour hart by every fortnight

1&$ ontractor to omply ?ovt. )ules on 9ealth /anitary Arrangements for :orkers

1&$= Daternity >enefit )ules Eeave and Pay-

1&$? Penalty for Non ompliance of Eabour )egulations, Amenities at the cost of

contactor.

1&$9 Providing 9utment, :/, /#, 6rainage, /anitation etc. for :orkers

1&$# )emoval of #ncompetent :orkers

1&$F No Part of >uilding to be @ccupied $ Action on >reach thereof

1&$G mployment of /killed /emi skilled :orkers

1&$E /# and P= contribution on the part of the employer shall be paid by the contractor

"8 Dinimum :ages Act to be omplied with

"1 :ork Not to be /ub$let Action in ase of insolvency

"" /ums Payable by :ay of ompensation without reference to the actual loss or

damage.

"( hanges in =irm;s onstitution to be #ntimated

"* :orks to be 7nder 6irection sub+ect to approval of ngineer$in$harge

"' "'$A /ettlement of 6isputes Arbitration


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"3 ontractor to #ndemnify ?ovt. against Patent )ights

"4 Eump sum Provision in Tender

"5 Action where no /pecifications are /pecified

"& :ithholding Eien in respect of /ums due from ontractor

"&$A Eien in respect of laims in @ther ontracts

(8 mployment of oal Dining or ontrolled area Eabour not Permissible.

(1(1$A 7nfiltered water supply 6epartmental water supply, if available

(" Alternate :ater arrangement

(( )eturn of /urplus Daterials

(* 9ire of Plant Dachinery

(' 7se of Asphaltic Daterials

(3 mployment of Technical /taff and mployees

(4 Eevy Taxes payable by ontractor

(5 onditions for )eimbursement of Eevy Taxes if Eevied after )eceipt of Tenders

(& Termination of ontract in case of 6eath

*8 #f )elative :orking in CCC, then the ontractor not Allowed to Tender

*1 No ?a%etted @fficerngineer Allowed to work as a ontractor within one Hear of

)etirement

*" )eturn of Daterials )ecovery for xcess Daterial issued

*( ompensation during :ar$Eike /ituations

** Apprentices Act $ Provisions to be omplied with

*' )elease of /ecurity 6eposit after Eabour learance


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CLAUSES O3 CONTRACT

CLAUSE 4!erformanceGuarantee

i- The contractor shall submit an irrevocable Performance ?uarantee of 'anker;s he!ue of any scheduled bank6emand6raft of any scheduled bankPay @rder of any scheduled bank in caseguarantee amount is less than )s. 1,88,888$- or ?overnment /ecurities or=ixed 6eposit )eceipts or ?uarantee >onds of any /cheduled >ank or the /tate>ank of #ndia in accordance with the form annexed hereto. #n case a fixeddeposit receipt of any >ank is furnished by the contractor to the ?overnment aspart of the performance guarantee and the >ank is unable to make paymentagainst the said fixed deposit receipt, the loss caused thereby shall fall on the

contractor and the contractor shall forthwith on demand furnish additionalsecurity to the ?overnment to make good the deficit.

ii- The Performance ?uarantee shall be initially valid up to the stipulated date ofcompletion plus 38 days beyond that. #n case the time for completion of workgets enlarged, the contractor shall get the validity of Performance ?uaranteeextended to cover such enlarged time for completion of work.After recording ofthe completion certificate for the work by the competent authority, theperformance guarantee shall be returned to the contractor, without any interest.9owever, in case of contracts involving maintenance of building and servicesanyother work after construction of same building and servicesother work, then '8A) 9A)T-.c- Programme for procurement of materialsby the contractor.Programme of procurement of machinery e!uipments having ade!uatecapacity, commensurate with the !uantum of work to be done within thestipulated period, by the contractor. #n addition to above, to achieve theprogress of :ork as per programme, the contractor must bring at siteade!uate shuttering material re!uired for cement concrete and )... works

etc. for three floors within one month from the date of start of work till thecompletion of ) work as per re!uirement of work. The contractor shallsubmit shuttering schedule ade!uate to complete structure work within laiddown physical milestone.

iii- #f at any time, it appears to the ngineer$in$harge that the actual progress ofwork does not conform to the approved programme referred above or afterrescheduling of milestones, the contractor shall produce a revised programmewithin 4 seven- days, showing the modifications to the approved programmeto ensure timely completion of the work. The modified schedule of programmeshall be approved by the ngineer in harge. A recovery of )s. "'88$ forworks costing upto )s. "8 rores- )s. '888$ for works costing more than)s. "8 rores- shall be made on per day basis in case of delay in submissionof the modified programme.

iv- The submission for approval by the ngineer$in$harge of such programme or


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such particulars shall not relieve the contractor of any of the duties orresponsibilities under the contract. This is without pre+udice to the right ofngineer$in$harge to take action against the contractor as per terms andconditions of the agreement.

v- The contractor shall submit the progress reportusing D/ Pro+ectPrimavirasoftware with base line programme referred above for the work done duringprevious month to the ngineer$in$charge on or before 'th day of each monthfailing which a recovery )s. "'88 $ for works costing upto )s. "8 rores- )s.'888$ for works costing more than )s. "8 rores- shall be made on per daybasis in case of delay in submission of the monthly progress report.

8*5 #f the works- be delayed by2$

i- =orce ma+eure, or

ii- Aabnormally bad weather, or

iii- /erious loss or damage by fire, or

iv- ivil commotion, local commotion of workmen, strike or lockout, affectingany of the trades employed on the work, or

v- 6elay on the part of other contractors or tradesmen engaged by ngineer$in$harge in executing work not forming part of the ontract, or

vi- Non$availability of stores, which are the responsibility of ?overnment to supplyor

vii- Non$availability or break down of tools and Plant to be supplied or supplied by?overnment or

viii-Any other cause which, in the absolute discretion of the ngineer$in$harge isbeyond the ontractor;s control

then upon the happening of any such event causing delay, the ontractor shallimmediately give notice thereof in writing to the authority as indicated in /chedule ;=;but shall nevertheless use constantly his best endeavours to prevent or make goodthe delay and shall do all that may be reasonably re!uired to the satisfaction of thengineer$in$harge to proceed with the works.

8*6 )e!uest for rescheduling of Dile stones and extension of time, to be eligible forconsideration, shall be made by the ontractor in writing within fourteen days of thehappening of the event causing delay on the prescribed form to the authority asindicated in /chedule ;=;. The ontractor may also, if practicable, indicate in sucha re!uest the period for which extension is desired.

8*7 #n any such case the authority as indicated in /chedule ;=; may give a fair andreasonable extension of time and reschedule the mile stones for completion ofwork. /uch extension or rescheduling of the milestones shall be communicated tothe ontractor by the authority as indicated in /chedule;=; in writing, within (months or * weeks of the date of receipt of such re!uest respectively. Non

application by the contractor for extension of time rescheduling of the milestonesshall not be a bar for giving a fair and reasonable extension rescheduling of themilestones by the authority as indicated in /chedule ;=; and this shall be binding onthe contractor.

CLAUSE :.easurementsof 1or) Done

ngineer$in$harge shall, except as otherwise provided, ascertain anddetermine by measurement, the value in accordance with the contract of workdone.

All measurement of all items having financial value shall be entered inDeasurement >ook andor level field book so that a complete record is obtained ofall works performed under the contract.

All measurements and levels shall be taken +ointly by the ngineer$in$harge or hisauthori%ed representative and by the contractor or his authori%ed representative fromtime to time during the progress of the work and such measurements shall be signed


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.easurementookhaving pages of A$* si%e as per the format of the departmentso that a completerecord is obtained of all the items of works performed under the contract.

All such measurements and levels recorded by the contractor or his authori%edrepresentative from time to time, during the progress of the work, shall be gotchecked by the contractor from the ngineer$in$harge or his authori%edrepresentative as per interval or program fixed in consultation with ngineer$in$harge or his authori%ed representative. After the necessary corrections made bythe ngineer$in$harge, the measurement sheets shall be returned to thecontractor for incorporating the corrections and for resubmission to thengineer$in$harge for the dated signatures by the ngineer$in$ harge and thecontractor or their representatives in token of their acceptance.

:henever bill is due for payment, the contractor would initially submit draft

computeri%ed measurement sheets and these measurements would be gotcheckedtest checked from the ngineer$in$harge andor his authori%edrepresentative. The contractor will, thereafter, incorporate such changesas maybe done during these checkstest checks in his draft computeri%edmeasurements, and submit to the departmenta computeri%ed measurement book,duly bound, and with its pages machine numbered.The ngineer$in$ hargeandorhis authori%ed representative would thereafter check this D>, and record thenecessary certificates for their checkstest checks.

The final, fair, computeri%ed measurement book given by the contractor, dulybound, with its pages machine numbered, should be 188< correct, and no cuttingor over$writing in the measurements would thereafter be allowed. #f at all any error

is noticed, the contractor shall have to submit a fresh computeri%ed D> with itspages duly machine numbered and bound, after getting the earlier D> cancelled bythe department. Thereafter, the D> shall be taken in the 6ivisional @ffice records,and allotted a number as per the )egister of omputerised D>s. This should bedone before the corresponding bill is submitted to the 6ivision @ffice for payment.The contractor shall submit two spare copies of such computeri%ed D>;s for thepurpose of reference and record by the various officers of the department.

The contractor shall also submit to the department separately his computeri%edAbstract of ost and the bill based on these measurements, duly bound, and its pagesmachine numbered along with two spare copies of the Jbill. Thereafter, this bill willbe processed by the 6ivision @ffice and allotted a number as per the computeri%edrecord in the same way as done for the measurement book meant formeasurements.

The contractor shall, without extra charge, provide all assistance with everyappliance, labour and other things necessary for checking of measurementslevelsby the ngineer$in$ harge or his representative.

xcept where any general or detailed description of the work expressly shows to thecontrary, measurements shall be taken in accordance with the procedure set forth inthe specifications notwithstanding any provision in the relevant /tandard Dethod ofmeasurement or any general or local custom. #n the case of items which are not

covered by specifications, measurements shall be taken in accordance with therelevant standard method of measurement issued by the >ureau of #ndian/tandards and if for any item no such standard is available then a mutuallyagreed method shall be followed.


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The contractor shall give not less than seven days; notice to the ngineer$in$harge or his authori%ed representative in charge of the work before covering up orotherwise placing beyond the reach of checking andor test checking themeasurement of any work in order that the same may be checked andor testchecked and correct dimensions thereof be taken before the same is covered upor placed beyond the reach of checking andor test checking measurement andshall not cover up and place beyond reach of measurement any work ithout

consent in writing of the ngineer$in$harge or his authori%ed representative incharge of the work who shall within the aforesaid period of seven days inspect thework, and if any work shall be covered up or placed beyond the reach ofchecking andor test checking measurements without such notice having beengiven or the ngineer$in$harge;s consent being obtained in writing the same shallbe uncovered at the ontractor;s expense, or in default thereof no payment orallowance shall be made for such work or the materials with which the same wasexecuted.

ngineer$in$harge or his authori%ed representative may cause either themselves orthrough another officer of the department to check the measurements recorded bycontractor and all provisions stipulated herein above shall be applicable to such

checking of measurements or levels

#t is also a term of this contract that checking andor test checking themeasurements of any item of work in the measurement book andor its payment inthe interim, on account of final bill shall not be considered as conclusive evidenceas to the sufficiency of any work or material to which it relates nor shall it relievethe contractor from liabilities from any over measurement or defects noticed tillcompletion of the defects liability period.

CLAUSE =!ament onIntermediate

Certificate to beRe"arded asAd$ances

No payment shall be made for work, estimated to cost )s. Twenty thousand orless till after the whole of the work shall have been completed and certificate of

completion given. =or works estimated to cost over )s. Twenty thousand, theinterim or running account bills shall be submitted by the contractor for the workexecuted on the basis of such recorded measurements on the format of the6epartment in triplicate on or before the date of every month fixed for the sameby the ngineer$in$harge. The contractor shall not be entitled to be paid anysuch interim payment if the gross work done together with net paymentad+ustment of advances for material collected, if any, since the last such paymentis less than the amount specified in /chedule ;=;, in which case the interim billshall be prepared on the appointed date of the month after the re!uisite progressis achieved. ngineer$in$harge shall arrange to have the bill verified by takingor causing to be taken, where necessary, the re!uisite measurements of thework. #n the event of the failure of the contractor to submit the bills, ngineer$in$harge shall prepare or cause to be prepared such bills in which event no claimswhatsoever due to delays on payment including that of interest shall be payableto the contractor.Payment on account of amount admissible shall be made bythe ngineer$in$harge certifying the sum to which the contractor is consideredentitled by way of interim payment at such rates as decided by the ngineer$in$harge. The amount admissible shall be paid by 18th working day after the dayof presentation of the bill by the ontractor to the ngineer$in$harge or hisAsstt. ngineer together with the account of the material issued by thedepartment, or dismantled materials, if any. #n the case of works outside thehead!uarters of the ngineer$ in$harge, the period often working days will beextended to fifteen working days. #n case of delay in payment of intermediate bills

after *' days of submission of bill by the contractor provided the bill submitted bythe contractor found to be in order, a simple interestI 4.'< per annum shall bepaid to the contractor from the date of expiry of prescribed time limit which will becompounded on yearly basis.


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All such interim payments shall be regarded as payment by way of advancesagainst final payment onlyand shall not preclude the re!uiring of bad, unsoundand imperfect or unskilled work to be re+ected, removed, taken away andreconstructed or re$erected. Any certificate given by the ngineer$in$hargerelating to the work done or materials delivered forming part of such payment,may be modified or corrected by any subse!uent such certificates- or by thefinal certificate and shall not by itself be conclusive evidence that any work or

materials to which it relates isare in accordance with the contract andspecifications. Any such interim payment, or any part thereof shall not in anyrespect conclude, determine or affect in any way powers of the ngineer$in$harge under the contract or any of such payments be treated as final settlementand ad+ustment of accounts or in any way vary or affect the contract.

Pending consideration of extension of date of completion, interim payments shallcontinue to be made as herein provided without pre+udice to the right of thedepartment to take action under the terms of this contract for delay in thecompletion of work, if the extension of date of completion is not granted by thecompetent authority.

The ngineer$in$harge in his sole discretion on the basis of a certificate fromthe Asstt. ngineer to the effect that the work has been completed up to the levelin !uestion make interim advance payments without detailed measurementsforwork done other than foundations, items to be coveredunder finishing items- upto lintel levelincluding sunshade etc.- and slab level, for each floorworking outat 4'< of the assessed value. The advance payments so allowed shall bead+usted in the subse!uent interim bill by taking detailed measurements thereof.

!aments incompositeContracts

#n case of composite tenders, running payment for the ma+or component shall bemade by of ma+or discipline to the main contractor. )unning payment forminor component shall be made by the ngineer$in$harge of the discipline ofminor component directly to the main contractor.

#n case main contractor fails to make the payment to the contractor associated byhim within 1' days of receipt of each running account payment, then on thewritten complaint of contractor associated for such minor component, ngineer incharge of minor component shall serve the show cause to the main contractorand if reply of main contractor either not received or found unsatisfactory, he maymake the payment directly to the contractor associated for minor component asper the terms and conditions of the agreement drawn between main contractorand associate contractor fixed by him. /uch payment made to the associatecontractor shall be recovered by ngineer$in$charge of ma+or or minorcomponent from the next )A final bill due to main contractor as the case maybe.

CLAUSE >CompletionCertificate andCompletion!lans

:ithin ten days of the completion of the work, the contractor shall give notice ofsuch completion to the ngineer$in$hargeand within thirty daysof the receipt ofsuch notice, the ngineer$in$hargeshall inspect the work and if there is nodefect in the work, shall furnish the contractor with a final certificate ofcompletion, otherwise a provisional certificate of physical completion indicatingdefects a- to be rectified by the contractor andor b- for which payment will bemade at reduced rates, shall be issued. >ut no final certificate of completion shallbe issued, nor shall the work be considered to be complete until the contractorshall have removedfrom the premises on which the work shall be executed all

scaffolding, surplus materials, rubbish and all huts and sanitary arrangementsre!uired for histheir work people on the site in connection with the execution ofthe works as shall have been erected or constructed by the contractors- andcleaned off the dirt from all wood work, doors, windows, walls, floor or other parts


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of the building, in, upon, or about which the work is to be executed or of which hemay have had possession for the purpose of the executionK thereof, and not untilthe work shall have been measured by the ngineer$in$harge. #f the contractorshall fail to comply with the re!uirements of this lause as to removal ofscaffolding, surplus materials and rubbish and all huts and sanitary arrangementsas aforesaid and cleaning off dirt on or before the date fixed for the completion ofwork, the ngineer$in$harge may at the expense of the contractor remove suchscaffolding, surplus materials and rubbish etc., and dispose of the same as he

thinks fit and clean off such dirt as aforesaid, and the contractor shall have noclaim in respect of scaffolding or surplus materials as aforesaid except for anysum actually reali%ed by the sale thereof.

CLAUSE >AContractor to?eep Site Clean

:hen the annual repairs and maintenance of worksare carried out, the splashesand droppings fromwhite washing, colour washing, painting etc., on walls, floor,windows, etc shall be removed and the surface cleaned simultaneouslywith thecompletion of these items of work in the individual rooms, !uarters or premisesetc. where the work is done2 without waiting for the actual completion of all theother items of work in the contract. #n case the contractor fails to comply with the

re!uirements of this clause, the ngineer$in$harge shall have the right to getthis work done at the cost of the contractoreither departmentally or through anyother agency. >efore taking such action, the ngineer$in$harge shall give tendays notice in writing to the contractor.

CLAUSE >oard of 6irect Taxes under the#ncome$ Tax Act, 1&31. No such advance shall be paidon any plant ande!uipment of perishable nature and on any plant and e!uipment of a valueless than )s. '8,888$/eventy five per cent of such amount of advance shallbe paid after the plant e!uipment is brought to site and balance twenty fivepercent on successfully commissioning the same.

Eeasing of e!uipment shall be considered at par with purchase of e!uipmentand shall be covered by tripartite agreement with the following2


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1. Eeasing company which gives certificate of agreeing to leasee!uipment to the contractor.

1. ngineer in harge, and

". The contractor.

This advance shall further be sub+ect to the condition that such plant ande!uipment a- are considered by the ngineer$in$harge to be necessary forthe worksK b- and are in working order and are maintained in working orderK c-

hypothecated to the ?overnment as specified by the ngineer$in$hargebefore the payment of advance is released. The contractor shall not bepermitted to remove from the site such hypothecated plant and e!uipmentwithout the prior written permission of the ngineer$in$ harge. The contractorshall be responsible for maintaining such plant and e!uipment in good workingorder during the entire period of hypothecation failing which such advance shallbe entirely recovered in lump sum. =or this purpose, steel scaffolding and formwork shall be treated as plant and e!uipment

The contractor shall insure the Plant and Dachinery for which mobili%ation

advance is sought and given, for a sum sufficient to provide for their

replacement at site. Any amounts not recovered from the insurer will be

borne by the contractor.

Interest &Reco$er

iv- The mobili%ation advance and plant and machinery advance in ii- iii-above bear simple interest at the rate of 18 per cent per annum and shall becalculated from the date of payment to the date of recovery, both daysinclusive, on the outstanding amount of advance. )ecovery of such sumsadvanced shall be made by the deduction from the contractors billscommencing after first ten per cent of the gross value of the work isexecuted and paid, on pro$rata percentage basis to the gross value of thework billed beyond 18< in such a way that the entire advance is recoveredby the time eighty per cent of the gross value of the contract is executed andpaid, together with interest due on the entire outstanding amount up to the

date of recovery of the installment.

v- #f the circumstances are considered reasonable by the ngineer$in$harge,the period mentioned in ii- and iii- for re!uest by the contractor in writing forgrant of mobili%ation advance and plant and e!uipment advance may beextended in the discretion of the ngineer$in$harge.

CLAUSE 4BC!ament onAccount ofIncrease in!rices,1a"es

due to StatutorOrder/s0

#f after submission of the tender, the price of any material incorporated in theworks excluding the materials covered under lause 18A and not being amaterial supplied from the ngineer$in$harge;s stores in accordance withlause 18 thereof- andor wages of labour increases as a direct result of thecoming into force of any fresh law, or statutory rule or orderbut not due to anychanges of rate in sales taxBAT, entral/tate xciseustom 6uty- beyond thepriceswages prevailing at the time of the last stipulated date of receipt of tendersincluding extensions, if any, for the work during contract period including the+ustified period extended under the provisions of clause ' of the contract withoutany action under clause ", then the amount of the contract shall accordingly bevaried and provided further that any such increase shall be limited to thepricewages prevailing at the time of updated stipulated date of completionconsidering effect of extra workextra time to be calculated on pro$rata basisonly as cost of extra work C stipulated periodtendered amount-.

#f after submission of the tender, the price of any material incorporated in theworks excluding the materials covered under lause 18A and not being amaterial supplied from the ngineer$in$harge;s stores in accordance withlause 18 thereof- andor wages of labour as prevailing at the time of last


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stipulated date of receipt of tender including extensions, ifany, is decreased as adirect result of the coming into force of any fresh law or statutory rules or orderbut not due to any changes of rate in sales taxBAT, entral/tatexciseustom 6uty-,?overnment shall in respect of materials incorporated inthe works excluding the materials covered under lause 18A and not beingmaterial supplied from the ngineer$in$harge;s stores in accordance withlause 18 hereof- andor labour engaged on the execution of the work after thedate of coming into force of such law statutory rule or order be entitled to deduct

from the dues of the contractor, such amount as shall be e!uivalent to thedifference between the prices of the materials andor wages as prevailed at thetime of the last stipulated date for receipt of tenders including extensions if anyfor the work and the prices of materials andor wages of labour on the cominginto force of such law, statutory rule or order. This will be applicable for thecontract period including the +ustified period extended under the provisions ofclause ' of the contract without any action under clause ".

ngineer$in$harge may call books of account and other relevant documentsfrom the contractor to satisfy himself about reasonability of increase in prices ofmaterials and wages.

The contractor shall, within a reasonable time of his becoming aware of anyalteration in the price of any such materials andor wages of labour, give noticethereof to the ngineer$in$harge stating that the same is given pursuant to thiscondition together with all information relating thereto which he may be inposition to supply.

=or this purpose, the labour component of the work executed during period underconsideration shall be the percentage as specified in /chedule =, of the value ofwork done during that period and the increasedecrease in labour shall beconsidered on the minimum daily wagesin rupees of any unskilled adult malema%door, fixed under any law, statutory rule or order.

CLAUSE 4BCA!ament due to$ariation inprices ofmaterials afterreceipt oftender

#f after submission of the tender, the price of materials specified in Sc#edule 3increases decreases beyond the base prices- as indicated in /chedule = for thework, then the amount of the contract shall accordingly be varied and providedfurther that any such variations shall be effected for stipulated period of ontractincluding the +ustified period extended under the provisions of lause ' of theontract without any action under lause ".

9owever for work doneduring the +ustified period extended as above, it will belimited to indices prevailing at the time of updated stipulated date of completionconsidering the effect of extra workextra time to be calculated on pro$rata basisonly as cost of extra work x stipulated periodtendered cost-.

The increasedecrease in prices of cement, steel reinforcement, structural steeland P@E shall be determined by the Price indices issued by the 6irector ?eneral,P:6. =or other items provided in the /chedule;=;, this shall be determined bythe All #ndia :holesale Price #ndices of materials as published by conomicAdvisor to ?overnment of #ndia, Dinistry of ommerce and #ndustry. >ase pricefor cement, steel reinforcement, structural steel and P@E shall be as issuedunder the authority of 6irector ?eneral P:6 applicable for 6elhi includingNoida, ?urgaon, =aridabad ?ha%iabad and for other places as issued underthe authority of Lonal hief ngineer, P:6 and base price of other materialsissued by concerned Lonal chief ngineer and as indicated in /chedule ;=;. #n

case, price index of a particular material is not issued by Dinistry of ommerceand #ndustry, then the price index of nearest similar material as indicated in/chedule ;=; shall be followed.


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The amount of the contract shall accordingly be varied for all such materials andwill be worked out as per the formula given below for individual material2$

Ad+ustment for component of individual material

where,

B M Bariation in material cost i.e. increase or decrease in the amount ofrupees to be paid or recovered.

P M >ase Price of material as issued under authority of 6?, P:6 orconcerned Lonal hief ngineer and as indicated in /chedule J=J.

=or Pro+ects and @riginal :orks0 M 0uantity of material brought at site for bonafide use in the works since

previous bill excluding any such !uantity consumed in the deviated!uantity of items beyond deviation limit and extra substituted item, paidtobe paid at rates derived on the basis of market rate under clause 1".".

=or Daintenance :orks0 M 0uantity of material brought at site for bonafide use in the works since

previous bill including any such !uantity consumed in the deviated !uantityof items beyond deviation limit paid at agreement rate and extrasubstituted item being scheduled items, but excluding non scheduleextra substituted item paidto be paid at market rate under clause 1".".

#o MPrice index for cement, steel reinforcement barsstructural steel and P@E asissued by the 6?, P:6 and corresponding to the time of base price ofrespective material indicated in /chedule ;=;. =or other items, if any,provided in /chedule ;=;, All #ndia :holesale Price #ndex for the materialas published by the conomic Advisor to ?overnment of #ndia, Dinistry of

#ndustry and ommerce and corresponding to the time of base price ofrespective material indicated in /chedule ;=;.

# M Price index for cement, steel reinforcement bars, structural steel and P@Eas issued under the authority of 6?, P:6 for period underconsideration. =or other items, if any, provided in /chedule ;=;, All #ndia:holesale Price #ndex for the material for period under consideration aspublished by conomic Advisor to ?overnment of #ndia, Dinistry of#ndustry and ommerce.

Note2i- #n respect of the +ustified period extended under the provisions of

clause ' of the contract without any action under clause ", the indexprevailing at the time of updated stipulated date of completionconsidering the effect of extra work extra time to be calculated onprorata basis only as cost of extra work x stipulated period tenderedcost- shall be considered.

Provided always that provisions of the preceding lause 18 shall not beapplicable in respect of Daterials covered in this lause.

ii- #f during progress of work or at the time of completion of work, it isnoticed that any material brought at site is in excess of re!uirement,

then amount of escalation if paid earlier on such excess !uantity ofmaterial shall be recovered on the basis of cost indices as applied atthe time of payment of escalation or as prevailing at the time ofeffecting recovery, whichever is higher.


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iii-ement mentioned wherever in this clause includes ement componentused in )D brought at site from outside approved )D plants, if any.

iv- The date wise record of ready mix concrete shall be kept in a registerand the cement consumption for the same shall be calculatedaccordingly.

v- #f built$up steel items are brought at site from workshop, then thevariation shall be paid for the structural steel up to the period when thebuilt up itemfinished product is brought at site.

CLAUSE 4BCC!ament due toIncrease,Decrease in!rices,1a"es/e-cludin"materialsco$ered underclause 4B CA0

after Receipt ofTender for(or)s

#f the prices of materials not being materials supplied or services rendered atfixed prices by the department in accordance with clause 18 (* thereof- andorwages of labour re!uired for execution of the work increase, the contractor shallbe compensated for such increase as per provisions detailed below and theamount of the contract shall accordingly be varied, sub+ect to the condition thatthat such compensation for escalation in prices and wages shall be availableonly for the work done during the stipulated period of the contract including the

+ustified period extended under the provisions of clause ' of the contract withoutany action under clause ". 9owever, for the work done during the +ustifiedperiod extended as above, the compensation as detailed below will be limited topriceswages prevailing at the time of updated stipulated date of completionconsidering the effect of extra workextra time to be calculated on pro$rata basisonly as cost of extra work x stipulated periodtendered cost-. No suchcompensation shall be payable for a work for which the stipulated period ofcompletion is e!ual to or less than the time as specified in /chedule =. /uchcompensation for escalation in the prices of materials and labour, when due,shall be worked out based on the following provisions2$

i- The base date for working out such escalation shall be the last stipulated

date of receipt of tenders including extension, if any.

ii- The cost of work on which escalation will be payable shall be reckoned asbelow 2

a- ?ross value of work done up to this !uarter2 A-

b- ?ross value of work done up to the last !uarter2 >-

c- ?ross value of work done since previous !uarter A$>- -

d- =ull assessed value of /ecured Advance excluding materialsovered under lause 18 A- fresh paid in this !uarter2

6-

e- =ull assessed value of /ecured Advance excluding materials

overed under lause 18 A- recovered in this !uarter2

-

f- =ull assessed value of /ecured Advance for which escalationPayable in this !uarter 6$-2

=-

g- Advance payment made during this !uarter2 ?-

h- Advance payment recovered during this !uarter2 9-

i- Advance payment for which escalation is payable in this0uarter?$9-2

#-

+- xtra itemsdeviated !uantities of items paid as per lause 1">ased on prevailing market rates during this !uarter2

F-

Then, D M =#$F

N M 8.5' D

k- Eess cost of material supplied by the department as perlause 18 and recovered during the !uarter G-

l- Eess cost of services rendered at fixed charges as per lause(* and recovered during the !uarter

E-


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Cost of (or) for (#ic# escalation is applicable%

1 M N $ /? L0

iii- omponents for materials except cement, reinforcement bars, structuralsteel, P@E or other materials covered under clause 18 A- labour, etc. shallbe pre$determined for every work and incorporated in the conditions ofcontract attached to the tender papers included in /chedule ;=;. The

decision of the ngineer$in$harge in working out such percentage shall bebinding on the contractors.

iv- The compensation for escalation for other materials excluding cement,reinforcement bars, structural steel, P@E or other materials covered underclause 18 A- shall be worked as per the formula given below2$

a- Ad2ustment for ci$il component except cement, structural steel,reinforcement bars, P@E and other materials covered under clause18A- electrical component of construction ;Daterials;

BmM Bariation in material cost i.e. increase or decrease in the amountin rupees to be paid or recovered

:M ost of :ork done worked out as indicated in sub$para ii- oflause 18.

CmM omponent of ;materials; except cement, structural steel,reinforcement bars P@E and other materials covered underclause1 8A- expressed as percent of the total value of work.

DlM All #ndia :holesale Price #ndex for civil componentelectricalcomponentO of construction material as worked out on the basisof All #ndia :holesale Price #ndex for #ndividual ommodities?roup #tems for the period under consideration as published byconomic Advisor to ?ovt. of #ndia, Dinistry of #ndustry ommerce and applying weightages to the #ndividualommodities?roup #tems. #n respect of the +ustified periodextended under the provisions of clause ' of the contract withoutany action under clause ", the index prevailing at the time ofupdated stipulated date of completion considering the effect ofextra work extra time to be calculated on prorata basis only ascost of extra work x stipulated periodtendered cost, shall beconsidered.-

DloM All #ndia :holesale Price #ndex for civil componentelectricalcomponentO of construction material as worked out on the basisof All #ndia :holesale Price #ndex for #ndividualommodities?roup #tems valid on the last stipulated date ofreceipt of tender including extension, if any, as published by theconomic Advisor to ?ovt. of #ndia, Dinistry of #ndustry ommerce and applying weightages to the #ndividualommodities?roup items

Note% relevant component only will be applicable.

v- The following principles shall be followed while working out the indicesmentioned in para iv- above.


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under this clause. #f such revision of minimum wages takes placeduring any such !uarterly intervals, the escalation compensation shallbe payable at revised rates only for work done in subse!uent!uartersK

c- #rrespective of variations in minimum wages of any category of labour,for the purpose of this clause, the variation in the rate for an unskilledadult male ma%door alone shall form the basis for working out the

escalation compensation payable on the labour component.

viii- #n the event the price of materials andor wages of labour re!uired forexecution of the work decreases, there shall be a downward ad+ustment ofthe cost of work so that such price of materials andor wages of labour shallbe deductible from the cost of work under this contract and in this regardthe formula herein before stated under this lause 18 shall mutatismutandis apply, provided that2

a- no such ad+ustment for the decrease in the price of materials andorwages of labour aforementioned would be made in case of contractsin which the stipulated period of completion of the work is e!ual to orless than the time as specified in /chedule ;=;.

b- the ngineer$in$harge shall otherwise be entitled to lay down theprocedure by which the provision of this sub$clause shall beimplemented from time to time and the decision of the ngineer$in$harge in this behalf shall be final and binding on the contractor.

ix- Provided always that2$a- :here provisions of clause 18 are applicable, provisions of clause

18 will not be applicable but provisions of clause 18A will beapplicable.

b- :here provisions of clause 18 are not applicable, provisions ofclause 18 and 18A will become applicable.

Note27pdated stipulated date of completion period of completion plus extra timefor extra work for compensation under clause 18, 18A and 18, thefactor of 1."' taken into account for calculating the extra time under clause1".1 for extra time shall not be considered while calculating the updatedstipulated date of completion for this purpose in clause 18, clause 18A,and clause 18.

CLAUSE 4BDDismantled.aterial Go$t*!ropert

The contractor shall treat all materials obtained during dismantling of a structure,excavation of the site for a work, etc. as ?overnment;s property and suchmaterials shall be disposed off to the best advantage of ?overnment accordingto the instructions in writing issued by the ngineer$in$harge.

CLAUSE 441or) to beE-ecuted inAccordance(it#Specifications'Dra(in"s'Orders etc*

The contractor shall execute the whole and every part of the work in the mostsubstantial and workmanlike manner both as regards materials and otherwise inevery respect in strict accordance with the specifications. The contractor shallalso conform exactly, fully and faithfully to the design, drawings and instructionsin writing in respect of the work signed by the ngineer$in$harge and thecontractor shall be furnished free of charge one copy of the contract documentstogether with specifications, designs, drawings and instructions as are notincluded in the standard specifications of entral Public :orks 6epartment

specified in /chedule ;=; or in any >ureau of #ndian /tandard or any other,published standard or code or, /chedule of )ates or any other printed publicationreferred to elsewhere in the contract.


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The contractor shall comply with the provisions of the contract and with the careand diligence execute and maintain the works and provide all labour andmaterials, tools and plants including for measurements and supervision of allworks, structural plans and other things of temporary or permanent naturere!uired for such execution and maintenance in so far as the necessity forproviding these, is specified or is reasonably inferred from the contract. Theontractor shall take full responsibility for ade!uacy, suitability and safety of allthe works and methods of construction.

CLAUSE 45%De$iations,ariationsE-tent and!ricin"

The ngineer$in$harge shall have power i- to make alteration in, omissionsfrom, additions to, or substitutions for the original specifications, drawings,designs and instructions that may appear to him to be necessary or advisableduring the progress of the work, and ii- to omit a part of the works in case ofnon$availability of a portion of the site or for any other reasons and the contractorshall be bound to carry out the works in accordance with any instructions given tohim in writing signed by the ngineer$in$harge and such alterations, omissions,additions or substitutions shall form part of the contract as if originally providedtherein and any altered, additional or substituted work which the contractor maybe directed to do in the manner specified above as part of the works, shall be

carried out by the contractor on the same conditions in all respects includingprice on which he agreed to do the main work except as hereafter provided.

The completion cost of any agreement for Daintenance works including works ofupgradation, aesthetic, special repair, addition alteration shall not exceed 1."'times of Tendered amount

45*4 The time for completion of the works shall, in the event of any deviationsresulting in additional cost over the tendered value sum being ordered, beextended, if re!uested by the contractor, as follows 2i- #n the proportion which the additional cost of the altered, additional or

substituted work, bears to the original tendered value plusii- "'< of the time calculated in i- above or such further additional time as

may be considered reasonable by the ngineer$in$harge.

45*5 A*=or Pro+ect and original works2De$iation' E-traItems and!ricin"

#n the case of extra items-items that are completely new, and are in additionto the items contained in the contract-, the contractor may within fifteen daysof receipt of order or occurrence of the items- claim rates, supported byproper analysis, for the work and the engineer$in$charge shall withinprescribed time limit of the receipt of the claims supported by analysis, aftergiving consideration to the analysis of the rates submitted by the contractor,determine the rates on the basis of the market rates and the contractor shallbe paid in accordance with the rates so determined.


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determined in the manner as mentioned in the following paraa- #f the market rate for the substituted item so determined is more than the

market rate of the agreement item to be substituted-, the rate payable tothe contractor for the substituted item shall be the rate for the agreementitem to be substituted- so increased to the extent of the differencebetween the market rates of substituted item and the agreement item tobe substituted-.

b- #f the market rate for the substituted item so determined is less than the

market rate of the agreement item to be substituted-, the rate payable tothe contractor for the substituted item shall be the rate for the agreementitem to be substituted- so decreased to the extent of the differencebetween the market rates of substituted item and the agreement item tobe substituted-.


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#n case of decrease in the rates prevailing in the market of items for the workin excess of the limits laid down in /chedule =, the ngineer$in$harge shallafter giving notice to the contractor within one month of occurrence of theexcess and after taking into consideration any reply received from him withinfifteen days of the receipt of the notice, revise the rates for the work in!uestion within one month of the expiry of the said period of fifteen dayshaving regard to the market rates.

45*7 The contractor shall sendto the ngineer$in$harge once every three months, anup todate account giving complete details of all claims for additional payments towhich thecontractor may consider himself entitled and of all additional workordered by thengineer$in$harge which he has executed during the preceding!uarter failing which the contractor shall be deemed to have waived his right.9owever, the /uperintending ngineer may authorise consideration of suchclaims on merits.

45*8 =or the purpose of operation of /chedule J=J, the following works shall be treatedas works relating to foundationunless otherwise defined in the contract2

i- =or >uildings 2 All works up to 1." metres above

ground levelor up to floor 1 levelwhichever is lower.

ii- =or abutments, piers and well staining 2 All works up to 1." m above thebed level.

iii- =or retaining walls, wing walls,compound walls, chimneys, over headreservoirs tanks and other elevatedstructures 2

All works up to 1." metres abovethe ground level.

iv- =or reservoirstanks other than overheadreservoirs tanks- 2

All works up to 1." metres abovethe ground level.

v- =or basement2 All works up to 1." m aboveground level or up to floor 1 levelwhichever is lower.

vi- =or )oads2 All items of excavation and fillingincluding treatment of sub base.

45*: Any operation incidentalto or necessarily has to be in contemplation of tendererwhile filing tender, or necessary for proper execution of the item included in the/chedule of !uantities or in the schedule of rates mentioned above, whether ornot, specifically indicated in the description of the item and the relevantspecifications, shall be deemed to be included in the rates !uoted by the tenderer

or the rate given in the said schedule of rates, as the case may be. Nothing extrashall be admissiblefor such operations.

3oreclosure ofcontract due toAbandonmentor Reduction inScope of 1or)

CLAUSE 46#f at any time after acceptance of the tender, ngineer$in$charge shall decide toabandon or reduce the scope of the works for any reason whatsoever and hencenot re!uire the whole or any part of the works to be carried out, the ngineer$in$harge shall give notice in writing to that effect to the contractor and thecontractor shall act accordingly in the matter. The contractor shall have no claimto any payment of compensation or otherwise whatsoever, on account of anyprofit or advantage which he might have derived from the execution of the worksin full but which he did not derive in conse!uence of the foreclosure of the wholeor part of the works.

The contractor shall be paid at contract rates, full amount for works executed at


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site and, in addition, a reasonable amount as certified by the ngineer$in$hargefor the items hereunder mentioned which could not be utili%ed on the work to thefull extent in view of the foreclosurei- Any expenditure incurred on preliminary site work, e.g. temporary access

roads, temporary labour huts, staff !uarters and site officeK storageaccommodation and water storage tanks.

ii- ?overnment shall have the option to take over contractor;s materialsor anypart thereof either brought to site or of which the contractor is legally bound

to accept delivery from suppliers for incorporation in or incidental to thework- provided, however ?overnment shall be bound to take over thematerials or such portions thereof as the contractor does not desire to retain.=or materials taken over or to be taken over by ?overnment, cost of suchmaterials as detailed by ngineer$in$ harge shall be paid. The cost shall,however, take into account purchase price, cost of transportation anddeterioration or damage which may have been caused to materials whilst inthe custody of the contractor.

iii- #f any materials supplied by ?overnmentare rendered surplus, the sameexcept normal wastage shall be returned by the contractor to ?overnment atrates not exceeding those at which these were originally issued, lessallowance for any deterioration or damage which may have been caused

whilst the materials were in the custody of the contractor. #n addition, cost oftransporting such materials from site to ?overnment stores, if so re!uired by?overnment, shall be paid.

iv- )easonable compensation for transfer of T P from site to contractor;spermanent stores or to his other works, whichever is less. #f T Pare nottransported to either of the said places, no cost of transportation shall bepayable.

v- )easonable compensation for repatriation of contractor;s site staff andimported labourto the extent necessary.

The contractor shall, if re!uired by the ngineer$ in$harge, furnish to him, booksof account, wage books, time sheets and other relevant documents and evidence

as may be necessary to enable him to certify the reasonable amount payableunder this condition

The reasonable amount of items on i-, iv- and v- above shall not be in excessof "< of the cost of the work remaining incomplete on the date of closure , i.e.total stipulated cost of the work as per accepted tender less the cost of workactually executed under the contract and less the cost of contractor;s materials atsite taken over by the ?overnment as per item ii- above. Provided always thatagainst any payments due to the contractor on this account or otherwise, thengineer$in$harge shall be entitled to recover or be credited with anyoutstanding balances due from the contractor for advance paid in respect of anytool, plants and materials and any other sums which at the date of terminationwere recoverable by the ?overnment from the contractor under the terms of thecontract.

A compensation for such eventuality, on account of damages etc. shall bepayable I 8.'< of cost of work remaining incomplete on date of closurei.e. totalstipulated cost of the work less the cost of work actually executed under thecontract shall be payable.

Carrin" outpart (or) atris) & cost ofcontractor

Clause 47#f contractor2i- At any time makes default during currency of work or does not execute any

part of the work with due diligence and continues to do so even after a noticein writing of 4 days in this respect from the ngineer$in$hargeK orii- ommits default in complying with any of the terms and conditions of the

contract and does not remedy it or takes effective steps to remedy it within 4


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days even after a notice in writing is given in that behalf by the ngineer$in$hargeK or=ails to complete the works- or items of work with individual dates ofcompletion, on or before the dates- so determined, and does not completethem within the period specified in the notice given in writing in that behalf bythe ngineer$in$harge.

The ngineer$ in$harge without invoking action under clause ( may, without

pre+udice to any other right or remedy against the contractor which have eitheraccrued or accrue thereafter to ?overnment, by a notice in writing to take thepart work part incomplete work of any items- out of his hands and shall havepowers to2

a- Take possession of the site and any materials, constructional plant,implements, stores, etc., thereonK andor

b- arry out the part work part incomplete work of any items- by anymeans at the risk and cost of the contractor.

The ngineer$in$harge shall determine the amount, if any, is recoverable fromthe contractor for completion of the part work part incomplete work of any items-

taken out of his hands and execute at the risk and cost of the contractor, theliability of contractor on account of loss or damage suffered by ?overnmentbecause of action under this clause shall not exceed 18< of the tendered valueof the work.

#n determining the amount, credit shall be given to the contractor with the valueof work done in all respect in the same manner and at the same rate as if it hadbeen carried out by the original contractor under the terms of his contract, thevalue of contractor;s materials taken over and incorporated in the work and useof plant and machinery belonging to the contractor. The certificate of thengineer$in$harge as to the value of work done shall be final and conclusiveagainst the contractor provided always that action under this clause shall only be

taken after giving notice in writing to the contractor. Provided also that if theexpenses incurred by the department are less than the amount payable to thecontractor at his agreement rates, the difference shall not be payable to thecontractor.

Any excess expenditure incurred or to be incurred by ?overnment in completingthe part work part incomplete work of any items- or the excess loss of damagessuffered or may be suffered by ?overnment as aforesaid after allowing suchcredit shall without pre+udice to any other right or remedy available to?overnment in law or per as agreement be recovered from any money due to thecontractor on any account, and if such money is insufficient, the contractor shallbe called upon in writing and shall be liable to pay the same within (8 days.

#f the contractor fails to pay the re!uired sum within the aforesaid period of (8days, the ngineer$in$harge shall have the right to sell any or all of thecontractors; unused materials, constructional plant, implements, temporarybuilding at site etc. and ad+ust the proceeds of sale thereof towards the duesrecoverable from the contractor under the contract and if thereafter there remainsany balance outstanding, it shall be recovered in accordance with the provisionsof the contract.

#n the event of above course being adopted by the ngineer$in$harge, thecontractor shall have no claim to compensation for any loss sustained by him by

reason of his having purchased or procured any materials or entered into anyengagements or made any advance on any account or with a view to theexecution of the work or the performance of the contract.


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Suspension of1or)

CLAUSE 48i- The contractor shall, on receipt of the order in writing of the ngineer$in$

harge, whose decision shall be final and binding on the contractor-suspend the progress of the worksor any part thereof for such time and insuch manner as the ngineer$in$harge may consider necessary so as notto cause any damage or in+ury to the work already done or endanger thesafety thereof for any of the following reasons2

a- on account of any default on the part of the contractororK

b- for proper execution of the works or part thereoffor reasons other thanthe default of the contractorK or

c- for safety of the worksor part thereof.

The contractor shall, during such suspension, properly protect andsecure the works to the extent necessary and carry out the instructionsgiven in that behalf by the ngineerin$ harge.

ii- #f the suspension is ordered for reasons b- and c- in sub$para i- above2

a- the contractor shall be entitled to an extension of time e!ual to theperiod of every such suspension PE7/ "'


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period premises on which the work or any part is being executed, or if any damage shallhappen to the work while in progress, from any cause whatever or if any defect,shrinkage or other faults appear in the work within twelve months six months inthe case of work costing )s. Ten lacs and below except road work - after acertificate final or otherwise of its completion shall have been given by thengineer$in$harge as aforesaid arising out of defect or improper materials orworkmanship the contractor shall upon receipt of a notice in writing on that behalfmake the same good at his own expense or in default the ngineer$in$harge

cause the same to be made good by other workmen and deduct the expensefrom any sums that may be due or at any time thereafter may become due to thecontractor, or from his security deposit or the proceeds of sale thereof or of asufficient portion thereof. The security deposit of the contractor shall not berefunded before the expiry of twelve months six months in the case of workcosting )s. Ten lacs and below except road work- after the issue of the certificatefinal or otherwise, of completion of work, or till the final bill has been preparedand passed whichever is later. Provided that in the case of road work, if in theopinion of the ngineer$in$harge, half of the security deposit is sufficient, tomeet all liabilities of the contractor under this contract, half of the security depositwill be refundable after six months and the remaining half after twelve months ofthe issue of the said certificate of completion or till the final bill has been

prepared and passed whichever is later.

#n case of Daintenance and @peration works of D services, the securitydeposit deducted from contractors shall be refunded within one month from thedate of final payment or within one month from the date of completion of themaintenance contract whichever is earlier.

CLAUSE 4>Contractor toSuppl Tools &

!lants etc

The contractor shall provide at his own cost all materials except such specialmaterials, if any, as may in accordance with the contract be supplied from the

ngineer$in$harge;s stores-, machinery, tools plants as specified in schedule=. #n addition to this, appliances, implements, other plants, ladders, cordage,tackle, scaffolding and temporary works re!uired for the proper execution of thework, whether original, altered or substituted and whether included in thespecifications or other documents forming part of the contract or referred to inthese conditions or not, or which may be necessary for the purpose of satisfyingor complying with the re!uirements of the ngineer$in$harge as to any matteras to which under these conditions he is entitled to be satisfied, or which he isentitled to re!uire together with carriage therefore to and from the work. Thecontractor shallalso supply without charge the re!uisite number of persons withthe means and materials, necessary for the purpose of setting out works, andcounting, weighing and assisting the measurement for examination at any timeand from time to time of the work or materials.=ailing his so doing, the samemay be provided by the ngineer$in$harge at the expense of the contractor andthe expenses may be deducted, from any money due to the contractor, underthis contract or otherwise andor from his security deposit or the proceeds of salethereof, or of a sufficient portions thereof.

CLAUSE 4>AReco$er ofCompensationpaid to1or)men

#n every case in which by virtue of the provisions sub$section 1- of /ection 1", ofthe :orkmen;s ompensation Act, 1&"(, ?overnment is obliged to paycompensation to a workman employed by the contractor, in execution of theworks, ?overnment will recover from the contractor, the amount of the

compensation so paidK and, without pre+udice to the rights of the ?overnmentunder sub$section "- of /ection 1", of the said Act, ?overnment shall be atliberty to recover such amount or any part thereof by deducting it from thesecurity deposit or from any sum due by ?overnment to the contractor whether


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under this contract or otherwise. ?overnment shall not be bound to contest anyclaim made against it under sub$section 1- of /ection 1", of the said Act, excepton the written re!uest of the contractor and upon his giving to ?overnment fullsecurity for all costs for which ?overnment might become liable in conse!uenceof contesting such claim.

CLAUSE 4>

v- The contractor shall comply with the provisions of the Payment of :agesAct, 1&(3, Dinimum :ages Act, 1&*5, mployees Eiability Act, 1&(5,:orkmen;s ompensation Act, 1&"(, #ndustrial 6isputes Act, 1&*4, Daternity>enefits Act, 1&31, and the ontractor;s Eabour )egulation and Abolition-Act 1&48, or the modifications thereof or any other laws relating thereto andthe rules made thereunder from time to time.

vi- The contractor shall indemnify and keep indemnified ?overnment againstpayments to be made under and for the observance of the laws aforesaidand the .P.:.6.ontractor;s Eabour )egulations without pre+udice to hisright to claim indemnity from his sub$contractors.

vii- The laws aforesaid shall be deemed to be a part of this contract and anybreach thereof shall be deemed to be a breach of this contract.

viii- :hatever is the minimum wage for the time being, or if the wage payable ishigher than such wage, such wage shall be paid by the contractor to theworkmen directly without the intervention of Famadar and that Famadar shallnot be entitled to deduct or recover any amount from the minimum wagepayable to the workmen as and by way of commission or otherwise.

ix- The contractor shall ensure that no amount by way of commission orotherwise is deducted or recovered by the Famadar from the wage ofworkmen.

CLAUSE 4@C

#n respect of all labour directly or indirectly employed in the work for theperformance of the contractor;s part of this contract, the contractor shall at hisown expense arrange for the safety provisions as per .P.:.6. /afety odeframed from time to time and shall at his own expense provide for all facilities in


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CLAUSE 4@G#n the event of the contractors- committing a default or breach of any of theprovisions of the entral Public :orks 6epartment, ontractor;s Eabour)egulations and Dodel )ules for the protection of health and sanitaryarrangements for the workers as amended from time to time or furnishing anyinformation or submitting or filing any statement under the provisions of theabove )egulations and; )ules which is materially incorrect, hethey shall, withoutpre+udice to any other liability, pay to the ?overnment a sum not exceeding

)s."88$ for every default, breach or furnishing, making, submitting, filing suchmaterially incorrect statements and in the eve

gcc tabulated

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