ichaklkaranji powerloom mega cluster ltdichmegacluster.com/images/tender/a) zld tender...

TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI

POWERLOOM MEGA CLUSTERLTD.

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ICHAKLKARANJI POWERLOOM MEGA CLUSTER

LTD Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416

109, Kolhapur Dist.

Email : [email protected]

TENDER DOCUMENT

Contractor Executive Director

(Signature & Seal) IPMCL

mailto:[email protected]



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CONTENTS

Sr. No SUBJECT Page No.

1 Introduction 3

2 Details of Tender and Tender Notice 4

3A Terms and Conditions – General 5

3B Terms and Conditions – Special 10

3C Additional Contract Conditions 14

Annexure I: Technical specifications of the Equipment Attchment

Annexure II: Details of EMD payable for Equipment 43

Annexure III: Format for filling up cost details 44

Annexure IV: Format for Bank Guarantee 45

Annexure V: Format to be filled up and submitted in the letter-

head of the bidder 47

Annexure VII: Check List to Bidder 49

Note: Interpretation of any term / word / clause / lies with IPMCL, Ichalkaranji





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INTRODUCTION

1. Ichalkarnji is one of the most prominent decentralized textile hubs in India. In recent years,

there has been phenomenal growth of textile industry in Ichalkarnji. Extremely good quality grey

fabrics are being manufactured in Ichalkarnji. However, sizing and processing are weak links.

With a view to enhance the value of grey fabrics, state of art sizing, warping and processing

activities will be undertaken. Highly sophisticated state of the art machine will be acquired so as

to produce export quality goods at globally competitive cost. Continuous bleaching, continuous

dying range will ensure long yardage of very high quality processed fabrics. For eradication of

pollution, zero liquid discharge(ZLD) plant will be commissioned. Further there will be a captive

generation plant to meet the electricity requirement of the plant. The State of art unit will provide

much needed boost to the textile industry in Ichalkarnji. It is envisaged that apart from the

employment generation, textile industry in and aroundIchalkarnji will generate significant

foreign exchange also.

3. The tender document contains the following:

i. Tender Notice

ii. Terms and conditions – general and special

iii. Technical specifications of items

iv. List of equipment / instruments / accessories being procured

v. EMD payable in respect of each of the items

vi. Format for filling up the cost of items

vii. Format for bank guarantee

viii. Delivery schedule for each of the items

ix. Guidelines for the bidders



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The Details of Tender Notice

ICHAKLKARANJI POWERLOOM MEGA CLUSTER

LTD Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416 109,

Kolhapur Dist.


(Established under MCPCD Scheme, Ministry of Textile, Govt. of India)

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Tenders in two separate sealed covers viz; Technical (Cover- A) and Commercial (Cover- B) are

invited by the IPMCL from bonafide manufacturers/ authorized agents for the supply&

commissioning of 3 MLD ZLD for existing 3MLD ETP with 50% recyle RO

IchalkaranjiPowerloomMegacluster Ltd hereafter called as IPMCL.Details of their

specifications, payment terms and other details are given in the tender document. Interpretation

of terms and conditions and other related issues in the tender would lie with IPMCLonly.

Tenders can be purchased from The Secretary,IchalkaranjiPowerloomIPMCL

Ltd,Ichalkaranji upon payment of a non-refundable fee of Rs.500/- in cash or Demand Draft

drawn in favour of IchalkaranjiPowerloomMegaclusterLtd, payable at Ichalkaranji,. The

tender document can also be downloaded from the website of IPMCL at

www.ichmegacluster.com, If the document is downloaded from the website, the document fee of

Rs.500/- has to be enclosed as a D.D in favor of IchalkaranjiPowerloomMegacluster Ltd,

payable at Ichalkaranji,along with the Technical bid. The bidders who purchase the tender

documents or have downloaded the tender document are only eligible for submission of the

tenders. An Earnest Money Deposit (EMD) has to be submitted as per the details given in the

tender document. Tenders without EMD will not be considered at all. Sale of tender

documents: From12th

August, 2019 (09:30am to 05:30pm). Pre-bid clarification meeting

will be held on 28th

August, 2019 at our Project Office at 1-7 B Laxmi Industrial Estate,

Hatkanangale2016 at 10:30am at IPMCL, to clarify the queries of bidders, if any. Last date

to submit the duly filled up sealed tender atIPMCL, Plot No.1-7 B Laxmi Industrial Estate,

HatkanangaleIchalkarnji is 9th Sept,2019 up to 05:30pm. After detailed analysis of technical

bids, the who are found to be technically responsive will be invited for opening the commercial

bids. Technical Bids will be opened on 16th

Sept, 2019 at 11 AM at IPMCL Project Office.

Dates of Commercial Bid Opening will be informed to the bidders at a later date. Bidders can be

present at the venue during the opening of technical bids.



mailto:[email protected]

http://www.ich.megaclusters.com/



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3(A) TERMS AND CONDITIONS-GENERAL

1. Tender documents shall be issued by the Office of the IPMCL at Ichalkaranji to

manufacturers/ authorized agents, on payment of Rs.500/- (non-refundable) by cash or DD in

favour of IchalkaranjiPowerloomMegaclusterLtd,payable at Ichalkaranji, towards cost of

tender documents. The Secretary, IPMCL will be the tender issuing authority.

2. Modifications, if any, made in the above documents will be done by addenda/ corrigenda,

copies of which will be sent in duplicate to each bidder before the due date of the tender. One

copy should be signed, sealed and submitted along with the technical bids. Tender to be

submitted, is as detailed hereafter. The bidder shall not make any additions/ deletions to or

amend the text of the documents except in so far as may be necessary to comply with the

addenda/ corrigenda issued. The bidders shall use only tender documents as issued for

submitting the bid and shall comply with various terms and conditions.

3. All pages of tender documents shall be signed by the person authorized to file the tender and

submitted with technical bid.

4. The full name of the person authorized to file the tender, designation, current and main office

address, Phone No., Fax No. & e-mail address shall be indicated in the tender.

5. Tenders sent through e-mail, Fax and Telex will not be entertained.

6. The tenders should be filled in and submitted in English. All accompanying literature and

correspondence shall also be in English.

7. No claim for costs, charges, expenses incurred by the bidder in connection with preparation

of tender submission and for subsequent clarifications of their tender shall be accepted.

8. IPCMLwill not be responsible for any typographical errors/ ambiguity/ additions/ omissions

committed by the bidder while filling up of the tender.

9. Submission of a bid by a tenderer implies that he has read all the terms & conditions and has

made himself aware of the scope and specifications of the items to be supplied, availability of

the materials, local conditions and other factors bearing on the execution of the supply.

10. The bidder shall be deemed to have full knowledge of documents and no extra charges

consequent on any misunderstanding or otherwise shall be allowed.

11. Any question regarding the Tender document and discrepancies shall be directed to the

Tender Issuing Authority in written minimum 10 days prior to the due date of submission of

tender. The Tender Issuing Authority will issue all clarifications, interpretations, meanings

and specific directions, if any, in duplicate in writing to all the bidders. One copy of these

shall be duly signed and seal affixed along with the technical bids.

12. The bidder shall be deemed to have satisfied himself before re-tendering as to the correctness

and sufficiency of his tender and about the rates quoted by him and cover all his obligations

under the tender.



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13. Bids submitted by the manufacturers and authorized agents only shall be considered.

14. EARNEST MONEY DEPOSIT (EMD)

14.1 Tender must be accompanied by Earnest Money Deposit (EMD) either in the form of

D.D or pay order in favor of IchalkarnjiPowerloomMegaclusterLimited and shall be

interest free. The amount of EMD will be 1% of the value of your quoted price.

14.2 EMD shall be paid in Indian currency only. In case of receipt of EMD in Indian currency

from abroad, same shall be refunded in Indian currency only. IPMCLwill not be

responsible for refunding the EMD in foreign currency.

14.3 Tenders not accompanied by Earnest Money Deposit (EMD) shall be rejected.

14.4 The EMD of the unsuccessful bidder will be returned within 1 month from the date of

opening the technical bids.

14.5 The EMD of successful bidder will be released on submission of Performance Bank

Guarantee (PBG).

15. BANK GUARANTEE

The successful bidder will submit a PBG for 10% of the order value valid for ONE year from

the date of commissioning or 18 months from the date of Supply whichever is earlier. This

BG or DD should be submitted along with the Dispatch Documents. The security deposit

(DD or BG) should cover the entire warranty period of the items to be supplied.

16. AUTHORITY OF SIGNING

16.1 If the tender is submitted by an individual, it shall be signed by him.

16.2 If the tender is submitted by a proprietary firm, it shall be signed by the proprietor.

16.3 If the tender is signed by the partnership firm, it shall be signed by all the partners of the

firm or by the partner holding the power of attorney for the firm for signing the tender,

in which case, a certified copy of the power of attorney shall accompany the technical

bid.

16.4 If the tender is submitted by a limited company or a corporation, it shall be signed by a

duly authorized person or the person holding the power of attorney for signing the

tender, in which case a certified copy of the power of attorney shall accompany the

technical bid.

17. PRICE & CURRENCY BID

17.1 The tender shall be filled in English with a neat hand/type and all the figures and words

shall be legible.

17.2 The rates shall be written both in words and figures. The bidder shall also show the

amount of each item, the total of each section and the grand total of the whole tender.

17.3 Correction, if any, shall be made by crossing out, initialing with date and rewriting.

17.4 In case of conflict between the figurers and words in the rates, the latter shall prevail.



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17.5 The tenders shall be verified by the bidder for accuracy in the arithmetical calculations,

prior to submission.

18. The price may be offered in Indian Rupee.

19. PACKING AND SUBMISSION

19.1 The tender shall be submitted on or before the scheduled date & time and at the address

mentioned in the Tender Notice. While (i) technical bids (Cover- A) of more than one

item can be combined and kept in one cover, (ii) commercial bids (Cover- B) shall be

submitted for each machine separately in sealed covers. Both the sealed envelopes

(Technical & Commercial bids) should further be enclosed in another envelope and

addressed toThe Chairman, IchalkarnjiPower loomMegacluster

Limited,Ichalkarnji. The bidder should ensure that the cover super scribe clearly on the

top of each packet as technical bid, commercial bid and on the main envelope the

identity of the company/ firm and the tender reference number.

19.2 The sealed covers should be super scribed (i) cover- ―A‖ as ―Technical Bids‖ and (ii)

cover- ―B‖ as ―Commercial Bids‖- along with other relevant details such as name of

machine and the bidder.

19.3 Cover- A (Technical Bids) shall contain

a) Earnest Money Deposit (EMD) in the form of DD for an amount as mentioned in the

document.

b) D.D of Rs.500/- as document feesin case the document has been downloaded from the

website.

c) Original Tender document duly signed by the authorized person on all pages with seal.

d) Compliance to technical specifications of the equipment/ item for which bids are

submitted – Authorized person to indicate the compliance of technical specifications in

the respective pages of the tender document and sign the same.

e) Compliance to the terms and conditions of the tender document – Authorized person to

specify, ―All the above terms and conditions will be complied with‖ and sign in

respective pages of the tender documents, where ―terms and conditions‖ are given.

f) Adherence to the stipulated delivery schedule of the equipment/ item – Authorized person

to specify ―delivery schedule given above will be complied with and sign in respective

pages of the tender documents, where ―delivery schedule of each of the items‖ is given.

g) Proof that the bidder is (i) either manufacturer or (ii) an authorized agent for the

equipment/ item for which the bid is submitted.

h) List of organizations in India and abroad, along with Contact Person, address, Tel. No.,

Fax No. etc., to which similar make/model of the equipment were supplied.

i) Compliance that the bidder has manufactured or supplied the Machine during the past 2

years and performance report from at least 2 such users for the past 2 years.

j) Covering letter, on the letter head of the bidder stating:



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a. That the minimum warranty period of one year.

b. That the bid conforms to the terms and conditions of the tender.

c. Confirmation that the quoted rates are valid for ONE year from the date of order

confirmation.

d. The details regarding the service centers, stocking of spares, etc.

k) Addenda/ corrigenda/ clarification issued by IPMCLbefore due date of tender, duly

signed by authorized person.

l) Descriptive leaflet/ brochure giving the technical details of the equipment/ instruments.

m) A letter indicating assumptions, criterion, technical alternative, etc., if any. However,

the alternatives suggested by the bidder would not be taken as the basis for technical/

commercial evaluation of the bids.

n) Details of pre-installation requirements should be given.

o) Power of Attorney authorizing the person who has filed the tender, if applicable.

19.4 Cover-B ( Commercial Bids) shall contain-

a) Total cost of the main machine (imported/ indigenous), required for the functioning of

the equipment, including the test control system, utility, packing & forwarding etc.,

duly filled and signed in the format prescribed in the tender document at

Annexure- lll. No money other than the total indicated above will be payable on any

account.

b) Minimum required essential spare parts for next 2 years after warranty period are to be

specified. The cost of the spares is to be quoted separately along with the commercial

bids, as optional as per the details given in Annexure- lll.

c) Annual Preventive Maintenance charges for the next 3 years, after the expiry of the

warranty period, in the format prescribed in the tender document at Annexure- lll.

d) All the pre-installation requirements such as necessary length of cables, plugs, basic

tools etc. should be provided by the bidder along with the machine.. The Management

of IPMCL will provide adequate space, furniture and electricity (up to the main

electrical panel only) for the installation and commissioning of the machine.

20. VALIDITY OF THE TENDER

Rates quoted by the bidder and the Earnest Money Deposit submitted shall be valid for ONE

year from the date of Confirmation of the order.

The Bidder shall not withdraw or revise or alter any conditions, rate(s) quoted within this

stated period, unless he is called upon to do so on mutual agreement/ negotiations. The

Chairman, IPMCL reserves the right to forfeit the Earnest Money Deposit if the bidder

revokes or withdraws the tender within this stated period.



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21. OPENING THE TENDER

The Technical tender shall be opened by a Purchase Committee constituted by the competent

authority, IPMCL,Ichalkaranji, at the time, date and venue as given in the ―Tender Notice‖.

22. AGREEMENT

The successful bidder shall sign and return copy of Purchase Order placed with him, as a

token of acceptance of the terms and conditions of the Purchase Order.

23. CRITERION FOR REJECTION

23.1 The IPMCLreserves the right to accept or reject any tender or reject all tenders without

giving any reasons whatsoever for their decision.

23.2 Tenders are liable to be rejected in which any of the prescribed particulars/ information is

either missing or incomplete in any respect and/or if the prescribed conditions are not

fulfilled.

23.3 Tenders which are found to be technically non-responsive shall be rejected and their

commercial bids shall not be opened.

23.4 Canvassing in connection with tender is strictly prohibited and tender submitted by

bidder who resorts to canvassing will be liable to rejection.

23.5 Tenders containing specific conditions of the bidder other than the terms and conditions

given in the tender document and not acceptable to the IPMCL are liable to be rejected.

23.6 If the validity of the offer is not for one year, the tender will be rejected.

23.7 If the tender document duly signed by the authorized person on all pages is not

submitted, the tender will be rejected.

24. The IPMCLcaters mainly to the manufacturers/ exporters. Hence, Purchase Committee may

at its discretion give preferences to more popular brands of machines, which give results that

are widely accepted internationally by buyers abroad and the decision of the Committee will

be final.

25. Before submission of the tender, the prospective bidders are expected to examine technical

specifications of the machine required, terms and conditions, etc., given in this tender

document. Failure to furnish all information required in the tender document may result in

the rejection of the bid.

26. The IPMCLreserves all the right to cancel items, from the list of requirement of machine

without assigning any reason thereof.



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3 (B) TERMS AND CONDITIONS – SPECIAL

1. Cost details are to be filled up in the prescribed format as given at Annexure –III for the

Equipments.

2. All accessories startup kit required for installation and commissioning the main equipmentsis

to be specified and quoted.

3. The terms of payment

A) CIVIL WORKS

No advance will be paid with the work order. 75% of RA Bills shall be paid within 7 days of submission of bill. Balance 22% will be paid

after certified by Engineer-in-charge. Detailed measurements to be recorded & bill to be

prepared. Minimum amount of R.A. Bill shall be min.15 % of Contract value.

For purchase of Steel and Cement, 90% secured advance will be paid on receipt of material

at site. Balance 10% will be paid the completion of Hydraulic Testing. The amount paid for

purchase of steel and cement will be deducted from the RA Bills.

3% will be retained as Security Deposit. For hydraulic testing 10% of the value of the water

retaining unit will be retained & released after successful testing.

After commissioning and completion of satisfactory performance guarantee runs and final

acceptance as certified by Engineer-in-charge against a performance bank guarantee of

equivalent amount valid for a period of 12 months from the date of such commissioning of

the Plant the security deposit will be released after 12 months or against submission of

Performance Bank Guarantee of equivalent amount.

B)SUPPLY OF MECHANICAL EQUIPMENTS / PIPING / ELECTRICAL /

INSTRUMENTATION.

80% of supply value shall be paid within 7 days on receipt of material at site.

10% after erection.

10% after commissioning and completion of satisfactory performance guarantee runs and

final acceptance as certified by Engineer-in-charge against a performance bank guarantee of

equivalent amount valid for a period of 12 months from the date of such commissioning of

the Plant.

4. The local supplier shall be entirely responsible for all taxes duties, license fees, etc., incurred

until delivery of the contracted goods to the purchaser. Viz. IPMCL.

8. The bidder shall adhere to the complete ZLD project within 6 months from the date of issue

of work order. Penalty for non-execution of the order within the stipulated time period

penalty shall be 0.5% of the cost of the equipments for every month of delay maximum upto

10%.

9. The bidder shall give warranty for atleast one year in respect of items quoted.

10. During the warranty period, regular servicing/ maintenance should be undertaken free of

charge, including replacement of defective parts/travel cost, etc. subsequently, servicing or

maintenance should be undertaken by the authorized agency of the manufacturer/ supplier as

per the annual maintenance contract conditions.



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11. Operation/ maintenance manuals, calibration procedures and other instructions manuals

should be provided along with each of the equipment.

23 The bids shall first be evaluated for their ―technical responsiveness‖ which shall inter-alia

include,

i. Compliance to EMD requirement.

ii. Proof that the bidder is (i) either manufacturer or (ii) an authorized agent for the machine

for which the bid is submitted.

iii. Compliance to technical specifications of the equipments for which the bid is submitted.

iv. Adherence to the warranty period.

v. Necessary document proof that the bidder has manufactured or supplied the equipment

during the past two years along with the list of such customers and performancereport of

the equipment from atleast 2 such customers/users for the past 2 years.

vi. Details regarding the service centers, stocking of spares etc.

vii. Compliance to all other relevant and critical terms and conditions of the tender.

viii. DD for Rs.500/- if the document is downloaded from website.

ix. Validity of the tender for a period of ONE year from Order confirmation.

x. If any of the above mentioned parameters are not fulfilled, the bid will be

considered as technically non-responsive.

1.Essential Qualifying criteria: -

Bidder should have executed at least two ZLD of minimum 2 MLD Capacity on

turnkey basis in last 5 years with satisfactory performance. Experience in treating &

handling textile effluent will be weighted. Bidders’ average annual turnover in last

three years should not be less than 10 Crores. Bidder must produce Credentials &

experience with details. Experience with renowned public/ private sector is a must.

2.Trial Run of the Treatment Plant:

After completion of construction, contractor has to commission the plant and take a trial run

for a period of 30 days. During this period of trial run contractor has to run the plant

continuously. After the successful completion of trial run, operation & maintenance period

will start for a period of 12 (Twelve) months.

Also the cost towards the Contractor‘s Engineer and other operating personnel during the

said period of trial run, along with cost of tools and spares parts, which are required for

operation and maintenance of the plant and equipment during the trial run period shall be

borne by the contractor and shall be included in contract price. In the event that the plant or

any of the facilities do not satisfactorily achieve the required performance standards during

this period, the trial run period shall be extended until such time as the contractor has



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satisfactorily rectified any deficiencies as may be necessary to satisfy the performance

requirements, at the risk and cost of the contractor.

3. Commissioning of the Plant:

On completion of the trial run, commissioning of the treatment plant shall be done

by the contractor by operating the plant continuously (24 hours/day) for operating period.

Water shall be provided by IPMCL free to the bidder. Chemicals, unskilled labour and

power to operate the plant will be supplied by IPMCL. All the other costs such as staff,

maintenance technicians and any other consumables for operation and maintenance of the

plant shall be borne by the Contractor.

Notwithstanding the above, the contractor will be required to rectify any deficiencies

which are attributable to defects in the workmanship or quality of materials, plant or

equipment during the contract defect liability period.

4.Supplementary Requirements:

The Contractor shall be fully responsible to ensure that the whole of the Works, including

each individual component, is designed and constructed in a manner so that the plant as a

whole operates as a fully integrated system which is capable of achieving the required output

in an efficient and economical manner, and to include all plant, equipment and accessories

required for the safe and satisfactory Operation of the facilities. To achieve this, the

Contractor shall ensure that each individual component performs in a manner, which is

complimentary to that of all other components. Any accessories which are not specifically

mentioned in the specifications, but which are usual or necessary for completion of the

Works and successful performance of the plant and facilities, shall be provided by the

successful Bidder within the tendered cost. The Contractor shall, to the maximum extent

practical and feasible, endeavor to standardize on the manufacture and supply of Plant and

equipment so as to minimize the operation and maintenance requirements. The Contractor

shall ensure that all items of Plant and equipment are installed in a manner, which will

facilitate routine and periodic maintenance operations.

Note: It is advisable for the Bidders to visit the site before submission of tender and to

note the site conditions and to check and review and collect the necessary data/

information, including evaluation of quality and characteristics of raw effluent to be



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let out by existing and prospective textile industries and based on this data, inlet

parameters of ZLD shall be decided finalized.

5. Battery Limits / Services to be provided by owner :

The battery limit for this ZLD work shall be as mentioned in scope of work within plot

boundaries of ZLD.

Power will be supplied at the incoming of the Panel and further laying of cables and connections

to be done by the contractor with his materials.

Compressed Air and Water supply will be provided by IPMCL at suitable location

During the period of construction, trial run and operation and maintenance the contractor

shall construct temporary roads for easy access to vehicular movements‘ upto and within the

ZLD premises. For this no extra payment will be made.

No other services / materials shall be provided by IPMCL and all are deemed to have

been included in the scope of work of the bidder. No extra payment on any account of extra

claim, other than works covered under scope of work shall be entertained.

6. Performance Guarantee :

The agency shall give performance guarantee of ZLD as per the norms prescribed by

IPMCL. The testing shall be done in approved Lab by NABL. In case the plant performance

is not satisfactory, the agency shall carryout corrective measures at his cost and risk. The

performance guarantee shall be given by agency on stamp paper of Rs.100/- before start of

work and registered at Sub- Registrar Office, Ichalkaranji at the cost of the contractor.

7. Issue of Work Order:

Initially work order will be issued for designing as per mentioned in the tender. Total

time period of contract is 6 Months. Time allotted for designing & approval work will

be one month & for Construction it will be 05 months.



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ADDITIONAL CONTRACT CONDITIONS

1) The contractor shall engage full time Project Manager capable of engaging labours and guiding the

work and understanding the specification. He shall take order as given by the Executive Director or

his representative and shall be responsible for carrying out the work. The agent shall not be

changed without prior intimation to the Executive Director and his representative at the work site.

2) The contractor shall take all the precautions during the execution of work so as not to cause any

damage to any property and shall be responsible to make it good as directed by the Executive

Director without any extra cost.

3) The successful tenderer shall produce the certification of the specified concerned authority as valid

and concerned license issued in this favor under the provisions of the contract labour (Regulation

and Abolition Act. 1970) before starting the work . Failure to do so acceptance of the tender shall

be liable to the withdrawn and security deposit shall be forfeited.

(46)The contractor shall pay not less than the fair wage to the work men on the ground that the

wages paid are not fair or are less than the Minimum Rates of Wages as prescribed by the

Government of Maharashtra under the Minimum Wages Act. 1948 . The dispute shall be referred

to the Executive Director, shall be conclusive and bidding on the contractor, but the said decision

shall not any way affect the conditions in the contract regarding payment to be made by IPMCL at

the sanctioned tender rates.

Revised clause 52 and 53 the contractor shall duly comply with all the provision of the Contract

Labour (Regulation and Abolition) Act. 1970 (30 of 1970) and the Maharashtra Contract Labour

(Regulation and Abolition) Rules, 1971, as amended from time to time all other relevant statutes and

statutory provisions concerning payment of wages particularly to workmen employed by the contractor and

working on the site of work .

In particular the contractor shall pay wages to each worker employed by him on the site of work at

the rates prescribed under the Maharashtra Contract Labour (Regulation and Abolition) Act. 1970 . If the

contractor fails or neglects to pay any wages at the said rates or makes less payment and the IPMCL makes

such payment of wages in full or part there of less paid by the contractor as the case may be, the IPMCL

shall be deemed to be entitled to recover the same as such from the contractor or deduct the same from the

amount payable by the IPMCL to the contractor here under or from any other amounts payable to him by

the IPMCL.

―46(V) (b) the contractor shall also maintain all records required to be maintained under

the Payment of Wages Act.1986 . The Minimum Wages Act. 1948 and the Contract Labour (Regulation and

Abolition) Act. 1970 and rules framed under these enactments ‖ .



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4. The contractor shall, at all times, observe the provision of Employment of Children Act, 1938 and re-

enactments or modifications of these and shall not employ or permit any person to do any work for the

purpose or under the provision of this contract in contravention of the provision of the said Act. The

contractor hereby agrees to indemnify IPMCL from and against all claims and penalties which may be

suffered by IPMCL or any person employed by them by reason of any default on the part of the contractor

in due observation and performance of provision of the Employment of Children Act. 1938 or any re-

enactment or modifications of the same.

SECURITY DEPOSIT AND DEFECT LIABILITY PERIOD

The security deposit of 5% (OR Bank Guarantee) shall be released after satisfactory completion of

operation and maintenance period of ZLD. If contractor fails to attend the O & M of ZLD for prescribed

time limit, the 5% Security Deposit shall be forfeited.

a) During the defect liability period the joint inspection shall be carried out by the Executive Director &

the contractor. The date of joint inspection to be conducted during the guarantee period, shall be decided

and communicated to the contractor at the time of finalization of the bill.

The inspection should be at least once in a month. The defects observed during the inspection shall be

communicated to the contractor and the contractor should rectify the defects without waiting for the

instruction of the Executive Director.

If the contractor fails to attend the joint inspection on the date communicated by the Executive Director the

amount of 25% of the defect liability deposit shall be forfeited if rectification are not attended by the

contractors after due information.

b) Before releasing such security deposit, after completion of defect liability period for respective works,

the Executive Director along with the representative of contracting agency, shall jointly inspect the work

and if the work is found to be satisfactory, then & then only, security deposit shall be released.

c) If the defects are observed during defect liability period then the 2 % security deposit shall be withheld

towards its rectification / repairs.

d) If during the defect liability period, the company / contractor‘s firm gets dissolved or some new partners

are introduced, then the responsibility to maintain the work done under this agreement during the defect

liability period, shall be borne by the new company / contractor‘s firm.

e) If certain works are neglected by the contractor, the same shall be carried out by the IPMCL at the risk

and cost of the contractor. The cost of the same shall be recovered from the amount balance with IPMCL.

f) The contractor shall maintain the work done by him under this agreement in good condition during the

defect liability period.



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g) The contractor shall carry out the rectification / repairs work immediately after the intimation by IPMCL

about the damages/ defects..

h) The contractor shall carry out operation and maintenance the ZLD for a period of 1 year at his own cost

including the cost of necessary staff required for laboratory, operation and maintenance, testing of inlet,

outlet effluent samples of ZLD, collection and analysis of effluent samples.

i) The ZLD shall be handed over after 1 year period to IPMCL in good working condition.

j) The maintenance of 1 year of ZLD shall be as per the tender conditions above.

k) The successful bidder shall engage required technically competent staff for day to day monitoring /

testing @ site. The expenditure on this account shall be borne by the contractor during the defect

liability period.

DEFECT LIABILITY CLAUSE :

IPMCL along with the representative of the contracting agency shall visit the site of ETP

work, at the end of defect liability period of 12 months in inspect the work as per following list given

below. If any defects whether covered under this list or otherwise are observed, then the security

deposit held shall not be released until all such defects are repaired by the contractor at his own risk

and cost to the entire satisfaction of Engineer-in-charge.

1. Civil works of all ETP units.

2. Pump House

3. Pumping Machinery with all Accessories

4. Electrical and Electronics systems

CLAUSE OF INSURANCE POLICY OF CONTRACT WORKS

Contractor shall take out necessary Insurance Policy/Policies so as to provide adequate

insurance cover for execution of the awarded contract work for total contract value and complete contract

period. Similarly, all workmen appointed to complete the contract work are required to be insured under

workmen‘s compensation Insurance Policy



17

Conditions of contract

Clause-1 : The person/persons whose tender may be accepted Security Deposit. Security Deposit

(hereinafter called the contractor, which expression shall unless excluded by or

repugnant to the context increase his heirs, executors, administrators & assigns)

shall (A) within 10 days(which may extended by the Executive Director

concerned upto 15 days if the Executive Director thinks fit to so)if the receipt by

him of the notifications of the acceptance of his tender ) deposit with Managing

Director in cash or Govt. securities endorsed to the Executive Director. (if

deposited for more than 12 months) of sum sufficient which will made up the full

security deposit specified in the tender ) or (B) (Permit IPMCL at the time of

making any payment to him for work done under the contact to deduct such well

amount Percent of all money so payable) such deductions to be held by IPMCL by

way of Security deposit) Provided always that in the event of the contactor deposit

in a lump sum by way of security deposit as contemplated at (A) above, then & in

such case, if the sum so deposited shall not amount to 5% of the

total estimated cost of the work, if shall be lawful for IPMCL at the time of making

any payment to the contractor for work done under the contract to make up the full

amount of percent by deducting a sufficient sum from every such payment at last

aforesaid until the full amount of the security deposit is made up. All compensation or

other sums of money payable by the contactor to IPMCL under the terms of his

contract may be deducted from or paid by this sale of sufficient part of his security

deposit or from the interest become due by IPMCL to the contractor under any other

contract or transaction of any nature, on any account what so ever

& in the event of his Security deposit being reduced by reason of any such deduction

or sale as aforesaid, the contractor shall, within 10 days there after, make good in cash

or Govt. Securities endorsed as aforesaid any sum/sums which may have been

deducted from or raised by sale of his security deposit or any part thereof. The

security deposit referred to, when paid in cash, may at the cost of depositor, be

converted into interest bearing securities provided that the depositor has expressly

desired this in writing.

If the amount of the security deposit to be paid in the lump sum within the

period specified at (A) above is not paid the tender /contract ready accepted

shall be considered as canceled and legal step taken against the contractor for

recovery of the amounts. The amount of the





18

security deposit lodged by contractor shall be refunded along with the payment of the

final bill if the date upto which the contractor has agreed to maintain the work in good

order is over. If such date is not over, only 90% amount of Security deposit shall be

refunded along with payment of the final bill. The amount of security deposit retained

by the IPMCL shall be released after expiry of period upto which the contractor

failing or neglecting to complete rectification work within the period upto which the

contractor has agreed to maintain the work in good order, the subjects to provision of

clauses 16 to 19 here of the amount of security deposit retained by IPMCL shall be

adjusted toward the excess cost incurred by the department on rectification wok.

Clause-2 : The time allowed for carrying out the work as entered in the Compensation

Compensation for tender shall be strictly observed by the contractor & shall be for Delay

reckoned from

delay. the date on which the order to commence work is given to the

contractor. The work shall throughout the stipulated period of the contract be

proceeded with, with all due diligence (time being deemed to be of the essence of the

contract on the part of the contractor), and the contractor shall pay as compensation

an amount equal to one percent or such smaller amount as the S.E. (whose decision in

writing shall be final) may decide of the amount of the estimated cost of the whole

work as shown by the tender for every day that the work remains

uncommented/unfinished, after the proper dates. And further to ensure good progress

during the execution of the work, the contractor shall be bound, in all the cases in

which the time allowed for any work exceeds 1 month to complete.

¼ of the work in of the time ½ of the work in of the time ¾ of the work in of the

time Note : The quantity of work to be done within a particular time to be

specified above shall be fixed by the Officer competent to accept the contracts

after taking into consideration the circumstances of each case and inserted in the

blank space kept for the purpose. And abide by the programme of detailed

progress laid down by the Executive Director. The following properties will

usually be found suitable:-

In ¼ ½ ¾ of the time.

Reasonable progress of earth work … 1/6 ½ ¾ of the total value of the work to be

done.





19

Reasonable progress of masonry work 1/10 4/10 8/10 –do—

In the event of the contractor failing to comply with these

conditions he shall be liable to pay as compensation as amount equal to 1%

or such smaller amounts as the S.E. (whose decision in writing shall be

final) may decide of the said estimated cost of the whole work for every

day that the due quantity of work remains incomplete: provided always

that the total amount of compensation to be paid under the provisions of

this clause shall not exceed 10% of the estimated cost of the work as shown

in the tender.

Clause-3 : In any case in which under any clause or clauses of this contract,

the contactor shall have rendered himself liable to pay compensation

amounting to the whole of his security deposit (Whether paid in one sum or

deducted by installments) or in case of the abandonment of wok owing to

serious illness or death of the contractor or any other cause the Executive

Director on behalf of IPMCL shall have power to adopt any of the following

courses, as he may think suited to the interest of IPMCL

a) To rescind the contract (of which rescission notice in writing to the

contractor under the hand of the Engineer in Charge shall be conclusive

evidence) and in that case of the security deposit of the contractor shall

stand forfeited and be absolutely at the disposal of IPMCL.

b) To employ labour paid by the IPMCL and to supply materials to carry out the

work or any part of the work, debiting the contractor with the cost of the labour and

the price of the materials (as to the correctness of which cost and price the certificate

of the Ex. Engineer shall be final and conclusive against the contractor) and

crediting him with value of the work done, in all respect in the same manner and at

the same rate, as if it had been carried out carried out by the contractor

Action when

whole of security

deposit is

forfeited.





20

under the terms of his contract. And in that case the certificate of Executive

Engineer, as to the value of work done shall be final conclusive against the

contractor.

c) To order that the work of the contractor be measured up and to take such part

thereof as shall be unexecuted out of his hands and to give it to another contractor to

complete in which case any expenses which may be incurred in excess of the sum

which would have been paid to the original contractor, if the whole work had been

executed by him (as to the amount of which excess expenses the certificate in writing

of the Ex. Engineer shall be final and conclusive) shall be born and paid by the

original contractor or otherwise or and shall be deducted from any money due to him

by Govt. under the contract from his security deposits or the proceeds of sale thereof,

or a sufficient part thereof.

In the event of any of all the above courses being adopted by the Executive

Director, the contractor shall have no claim to compensation for any loss sustained by

him by reason of his having purchased, or produced any materials, or entered into any

engagements, or made any advances on account of, or with a view to the execution of

the work or the performance of the contract. And incase the contract shall be

rescinded under the provision aforesaid the contractor shall not be entitled to recover

or be paid any sum for any work thereto for actually performed by him under this

contract unless and until the Executive Director shall have certified any writing the

performance are such work and the amount payable to him in respect thereof, and he

shall only be untitled to be paid the amount so certified.

Clause-4 : If the progress of any particular portion of the work is unsatisfactory Action when the

the Executive Director shall, notwithstanding that the general progress of the progress of any

work is satisfactory in accordance with the clause 2 , be entitle to take action under particular

clause 3(b) after giving the contractor 10 days notice in writing & the Contractor portion of the

will have no claim for compensation, for any loss sustained by him owing to such work is

action. unsatisfactory.

Clause-5 : In any case in which any of the powers conferred upon the Managing Contractor

Director by clauses 3 and 4 hereof shall have become exercisable and the same remain liable to

shall not have been exercised, the non exercise thereof shall not constitute a pay

waiver of any of the conditions hereof and such powers shall not with standing be compensation if

exercisable in any future in case of default by the contractor for which by under action not taken





21

any clause or clauses hereof he is declared liable to pay compensation amounting under clauses 3.

to the whole of his security deposit and the liability of the contractor for past and Power to take

future compensation shall remain unaffected. In the event of the Managing possession of or

Director taking action under sub clause a) or c) of clause 3, he may, if he so require removal

desires, taken possession of all or any tools, plant, materials and stores in or upon of, or sell

the works or the site thereof or belonging to the contractor, or procured by him contractor‘s plant

Action when the progress of any particular portion of the work is unsatisfactory

and intended to be used for the execution of the work or any part thereof, paying

or allowing for the same in account at the contract rates, or in the case of contract

rates not being applicable at the current market rates, tobe certified by the

Executive Director whose certificate thereof shall be final;. In the alternative the

Executive Director may, by notice in writing to the contractor or his clerk of the

works, foreman or other authorised agent, required him to remove such tools,

plant, materials or stores from the premises within a time to be specified in such

notice and in the event of the contractor failing to comply with any such

requisition, the Executive Director may remove them at the contractor‘s expenses

or sell them by auction or private sale at the risk a account of the contractor in all

respect and the certificate of the Executive Director as to the expenses of any such

removal, and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor.

Clause-6 : If the contractor shall desire an extension of the time for completion of Extension of time

the work on the ground of his having been unavoidably hindered in its execution

or on any other ground, shall apply in writing to the Executive Director before the

expiration of the period stipulated in the tender or before the expiration of 30 days

from the date to which he was hindered as aforesaid or on which the cause for

asking for extension occurred, which ever is earlier is and the Executive Director

may, if, in his opinion, there are reasonable grounds for granting an extension,

grant such extension as he thinks necessary or proper. The decision of the

Executive Director in this matter shall be final.

Clause-7 : On completion of the work, the contractor shall be furnished with a Final certificate.

certificate by the Executive Director(hereinafter called the Engineer-in-charge) of

such completion, but no such certificate shall be given nor shall the work be

considered to be complete until the contractor shall have removed from the

premises on which the work shall have been executed all scaffolding, surplus

materials & rubbish, & shall have cleaned off the dirt from all woodwork, doors,





22

windows, walls, floor or other parts of any buildings, in or upon which the work has

been executed, or of which he may have possession for the purpose of executing the

work, nor until the works shall have been measured by the Engineer-in-charge or

where the measurements have been taken by his subordinates until they have received

the approval of Engr-in-charge, the said measurements being binding & conclusive

against the contractor. If the contractor shall fail to comply with the requirements of

this clause as to the removal of scaffolding, surplus, materials and rubbish, & cleaning

off dirt on/before the date fixed for the completion of the work, the Engr-in-charge

may, at the expense of the contractor, remove such scaffolding, surplus materials &

rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid

and the contractor shall forthwith pay the amount of all expenses so incurred, but shall

have no claim in respect of any such scaffolding or surplus materials as aforesaid

except for any sum actually realized by the sale thereof.

Clause-8 : No payment shall he made for any work, estimated to cost less than Payment on

rupees one thousand till after the whole of the work shall have been completed intermediate

and a certificate of completion given. But in the case of works estimated to cost certificates to be

more than rupees one thousand, the contractor shall, on submitting a monthly bill regarded as

therefore, be entitled to receive payment proportionate to the part of the work then advances.

approved and passed by the Engr-in-charge, whose certificate of such approval and passing of the

sum so payable shall be final & conclusive against the contractor. All such intermediate payments

shall be regarded as payments by way of advance against the final payments only and not as

payments for work actually done and completed, and shall not preclude the Engineer-in-charge from

requiring bad, unsound, imperfect for unskillful work to be removed or taken away and reconstructed

or re-erected, nor shall any such payment be considered as an admission of the date performance of

the contract or any part thereof in any respect or the accruing of any claim, nor shall it conclude,

determine, or affect in any other way the powers of the Engr-in-charge as to the final settlement and

adjustment of accounts or otherwise, or in any other way vary or affect the contract. The final bill

shall be submitted by the contractor within on month of the due fixed for the completion of the work,

otherwise, the Engineer-in-charge‘s certificate of the measurements and of the total amount payable

for the work shall be final and binding on all parties.

Clause-9 : The rates for several items of works estimated to cost more than Rs. Payment at





23

1000/- agreed to within, shall be valid only when the item concerned is accepted reduced rates on

as having been completed fully in accordance with the sanctioned specifications. account of items

In cases where the items of work are not accepted as so completed the Engineer- of work not

in-charge may make payment or Payments on intermediate certificates to be accepted as

regarded as advances. account of such items at such reduced rates as he may completed to be

consider reasonable in the preparation of final or on account bills at the discretion

of Engineer In

Charge

Clause-10: A bill of minimum 15% value of contract value shall be submitted by Bills to be

the contractor on or before the date fixed by the Engineer-in-charge for all work submitted.

executed in the previous month, & the Engineer-in-charge shall take or cause to be

taken the requisite measurement for the purpose of having the same verified & the

claim, so far as it is admissible, shall be adjusted, if possible within ten days from

the presentation of the bill. If the contractor does not submit the bill within the

time fixed as aforesaid, the Engineerr-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly authorized

agent whose countersignature to the measurement list shall be sufficient warrant,

and the Engineer-in-charge may prepare a bill from such list which shall be

binding on the contractor in all respects.

Clause-11: The contractor shall submit all bills on the printed forms to be had on Bills to be on

application at the Office of the Engineer-in-charge. The charges to be made in the submitted forms

bills shall always be entered at the rates specified in the tender or in the case of

any extra work ordered in pursuance of these conditions, and not mentioned or

provided for in the tender, at the rate herein after provided for such work.

Clause-12: The contractor shall execute the whole and every part of the work in Works tobe

most substantial and workmanlike manner & both as regards material and in executed in

every other respect in strict accordance with specifications. accordance with

The contractor shall also conform exactly, fully and faithfully to the designs,

specification,

drawing, orders

drawing and instructions in writing relating to the work signed by the Managing

etc

Director in charge and lodged in the office to which the contractor shall be entitled

to have access for the purpose of inspection at such office of on the site of work

during the office hours & the contractor shall, if he so require, be entitled at his

own expenses to make or cause to be made copies of the specifications and of all

such designs, drawings, as instructions and aforesaid.



24

Clause-13: The Engineer in charge shall have power to make any alterations in, or

addition to, the original specification, drawings, designs and instructions that may

appear him to be necessary or advisable during the progress of work, and the contract

shall be bound to carry out the work in accordance with any instructions in this

connection which may be given to him in writing signed by the Engineer in charge

and such alteration shall not invalidate the contractor and any additional work which

the contractor may be directed to do in the manner above specified as part of the work

shall be carried out by the contractor on the same conditions in all respects on which

he agreed to do the main work and at the same rates as are specified in the tender for

the main work. And if the additional and altered work includes any class of work for

which no rate is specified in this contract; then such class of work shall be carried out

at the rates entered in the Schedule of Rates of the Division or at the rates mutually

agreed upon between the Engineer in charge and the contractor, whichever are lower.

If the additional or altered work, for which no rate is entered in the schedule of Rates

of the Division, is ordered to be carried out before the rates are agreed upon them, the

contractor shall, within seven days of the date of receipt by him of the order to carry

out the work, inform the Engineer-in-charge of the rate which it is his intention to

charge for such claim of work and if the Engineer-in-charge does not agree to this

rate, he shall By Notice in writing be at liberty to cancel his order to carry out such

class of work, and arrange to carry it out in such manner as he may consider advisable

provided always that if the contractor shall commence work or incur any expenditure

in regard thereto before the rates shall have been determined as lastly hereinbefore

mentioned, then in such case he shall only be entitled to be paid in respect of the work

carried out or expenditure incurred by him prior to the date of the determination of the

rate as aforesaid according to such rate or rates as shall be fixed by the Engr-in-

charge. In the event of the dispute, the decision of the uperintending Engineer of the

circle will be final.

Where, however, the work is to be executed according to

the designs, drawings and specifications recommended by the contractor

and accepted by the competent authority the alterations above referred to

shall be within the scope of such design, drawings and specifications

appended to the tender. The time limit for the completion of the work shall be

extended in the proportions that the increase in its cost occasioned by

alterations/additions bears to the cost of the original contract work & the certificate of

the Engr-in-charge as to such proportions shall be conclusive.

Clause-14 : If at any time after execution of the contract the Engineer shall

for any reason whatsoever, (other than default on the part of the contract or

for which the Government is entitled to rescind the contract) desire that the

whole or any part of the work specified in the tender to be suspended for any

period or that the whole or part of the work should be

Alternations in

specifications

and designs not

to indicate

contracts.

Rates for works

not entered in

estimate or

schedule of rates

of the district.

Extensions of

time in

consequence of

additions or

alterations:





25

carried out at all or to be carried out by the contractor he shall give a notice in

writing of the facts to the contractor who shall thereupon suspend or stop The

work totally or part as required after having due regard of the appropriate stage

at which the work should stopped or suspended so as not no cause any damage

or injury to the work already done or endanger the safely there of provided that

the decision of the engineer as to the stage at which the work or any part of it

could be or could have been safely stopped or suspended shall be final and

conclusive against the contractor. The contractor shall have no claim to any

payment of compensation whatsoever by reason of or in pursuance any notice

aforesaid on account

of any suspension stoppage or curtailment except to the extent specified herein after.

2. where the total suspension of work ordered as aforesaid continued for a continuous

period exceeding 90 days the contractor shall be at liberty to withdrew from the

contractual obligations under he contract so far as it pertains to the unexecuted part of

the work by giving a 10 days prior notice in writing to the Engineer within 30 days of

the expiry of the said period of 90days of such intention and required the Engineer to

record the final such notice the contractor shall be deemed to pay he final bill. Upon

giving such notice the contractor shall be deemed to have been discharged from his

obligation to complete the remaining unexecuted work under this contract. On receipt

of such notice, the Engineer shall proceed to complete the measurement and make

such payment as may be finally due to the contractor within a period of 90 days from

the receipt of such notice in respect of the work already done by the contractor. Such

payment shall not in any manner prejudice the right of the contractor to any further

compensation under the remaining provisions of this clause.

3. Where the Engineer required the contractor to suspend the work for a period in

excess of 30 days at any time of 60(sixty) days in the aggregate, the contractor shall

be entitled to apply to the Engineer within 30 days of the resumption of the work after

such suspension for payment of the compensation the extent of loss suffered by him in

respect of working machinery rendered idle on the site or on account of this having

had to pay the salary or wages for the first 30 day whether consecutive or in aggregate

of such suspension or in unsatisfactory work or any other default on his part the

conclusive against the contractor.

4. In the event of .....

i) Any total stoppage of work on notice from the Engineer under

sub-clause the behalf:

ii) Withdrawal by the contractor from the contractual obligations to

complete the remaining unexecuted work under sub clause(2) on





26

account of continued suspension of work for a period exceeding

90 days.

iii) Curtailment in the quantity of items originally tendered pm account of any

alteration commission or substitutions in the specifications, drawings designs as or

instruction under clause 14

5. Where such curtailment exceeds 25% in quantity and the value of the quantity

curtailed beyond 25% at the rates for the item specified in the tender is more than Rs.

5,00.00 . It shall be open to the contractor, within 90 days from the service of (i) the

notice of stopped of work or (ii) other notice of withdrawal from the contractor

obligations under the contract on account of the continued suspension of work of (iii)

notice under clause 14(i)resulting in such cultailment to produce to the Engineer

satisfactory evidence of that he had purchased or agreed to purchase materials for use

in the contracted work before receipt by him of the notice or stoppage suspension or

curtailment and required the Government to take over on payment such materials at

the rates determined by the Engineer. The Government shall therefore take over the

excess of the requirements of the unexecuted approved by the Engineer. That any

work this will be the same percentage as that in the tender at (e).

Clause-15: Under no circumstances whatever shall the contractor be Time limit for

unforeseen

entitled to any compensation from IPMCL on any account unless the contractor

shall have submitted a claim in writing to the Engineer-in-charge within one claims

month of the cause of such claim occurring

Clause-16: If at any time before the security deposit or any part therefore is Action &

refunded to the contractor it shall appear to the Engineer-in-charge or his compensation

subordinate in charge of the work, executed with unsound, imperfect or unskillful payable in case

workmanship or with materials of inferior quality or that materials or articles of bad work.

provided by him for the execution of the work are unsound, or of a quality

inferior to that contracted for, or are otherwise not in accordance with the contract,

it shall be lawful for the Engineer in Action and compensation payable in case of

bad work charge to intimate this fact in writing to the contractor and then not

withstanding the fact that the work, materials or articles complained of may have

been inadvertently passed, certified and paid for contractor shall bound forthwith

to rectify or remove and reconstruct the works so specified in whole or in part, as

the case may required or if so required shall remove the materials or articles so

specified and provide other proper and suitable material on article at his own

charge and cost and in the event of his failing to do so within a period to be

specified by the engineer in charge. In the written intimation aforesaid the





27

contractor shall be liable to pay compensation at the rate of 1% . on the amount of

estimate for every day not exceeding 10 days during which the failure so continuous

and in the event of any such failures as aforesaid the engineer in charge may rectify or

remove and re-execute the work or remove and the replace the materials for articles

complained of as the case may be the risk and expense in all respects of the contractor.

Should the Engineer in charge consider that any such interior work or materials as

described above may be accepted or made use of it shall be within his discretion to

accept the same at such reduced rates as he may fix therefore.

Clause 16 A : The contractor shall maintain and keep in proper condition and repair at

his cost the surface of the road for ___ years from the date from which the final

finishing coat is laid to the satisfaction of the Executive Director. The decision of the

Executive Director as to the necessity of repairs to the surface of the road shall be

final and binding on the contractor. If the contractor fails to maintain and keep in

proper conditions and repair the surface of the road during the stipulated period of

_____years, the Executive Director shall be entitled to carry out the necessary repairs

departmentally at the cost of contractor. The decision of the Executive Director as to

the amount of the security deposit towards the expenses, if any, incurred by him in

repairing the surface.

Clause-17: All works under or in course of execution or executed in pursuance of Work to be open

the contract shall at all times be open to the inspection and supervision of the to inspection.

Engineer in charge and his subordinates, and the contractor shall at all times Contractor or

during the usual working hours, and at all times at which reasonable notice of the responsible agent

intention of the Engineer in charge or his subordinate to visit the work shall have to be present

been given to the contractor, either himself be present to receive orders and

instructions, or have a responsible agent duly accredited in writing present for the

purpose. Orders given to the contractor‘s duly authorized agent shall be

considered to have the same force and effect as if they had been given to the

contractor himself.

Clause-18: The contractor shall give not less than five day‘s notice in writing to the

Engineer in charge or his subordinate in charge of the work before covering up to

otherwise placing beyond the reach of measurement any work in order that the

same may be measured and correct dimensions thereof taken before the same is so

covered up or placed beyond the reach of measurement, and shall not cover up or





28

place beyond the reach of measurement any work without the consent in writing of the

Engineer in charge or his subordinate in-charge of the work and if any work shall be

covered up or placed beyond the reach of measurement without such notice having

been given or consent obtained, the same shall be uncovered at the contractor‘s

expense, and in default thereof no payment or allowance shall be uncovered at the

contractor‘s expense, and in default thereof no payment or allowance shall be made

for such work or for the materials with which the same was executed.

Clause-19: If during the period of 12 months from the date of completion as Contractor liable

certified by the Engineer-in-charge pursuant to clause 7 of the contract of 24 for damage done

months after commissioning the work, whichever is earlier in the opinion of the & for

Executive Director, the said work is defective in receipt of notice in that behalf imperfections for

from the Executive Director, duly commence execution and completely carry out 3 months after

at his cost in every respect all the work that may be necessary for specifying and certificate.

setting right the defect specified there in including dismantling and reconstruction

of unsafe portions strictly in accordance with and in the manner prescribed under

the supervision of the Executive Director. In the event of the contractor failing of

neglecting to commence execution of the said rectification work within the period

prescribed therefore, in the said notice and/or to complete the same as aforesaid

as required by the said notice, the Executive Director get the same executed and

carried out departmentally or by any other agency at this risk on account and at

the cost of the contractor. The contractor shall forthwith on demand pay to the

IPMCL the amount of such costs, charges and expenses sustained or incurred by

IPMCL of which the certificate of the Executive Director shall be final and binding

Notice to be given before work is covered up on the contractor, such costs, charges

expenses shall be deemed to be arrears of land revenue and in the event of the

contractor failing or neglecting to pay the same on demand as aforesaid without

prejudice o any other rights and remedies of the IPMCL the same may be recovered

from the contractor as arrear of land revenue. The IPMCL shall also be entitled to

deduct the same from any amount which may then be payable or which may

thereafter become payable by the IPMCL to the contractor either in respect of the

said work or any other work whatsoever or from the amount of security deposit

retained by IPMCL.





29

Clause-20: The contractor shall supply at his own cost all materials (except such

special materials, if any, as may be supplied from the IPMCL in accordance with the

contract, plant, tools, appliances, implements, ladders, cordage, tackles, scaffolding,

and temporary works which may be required or proper for the proper execution of the

work, in the original altered or substituted form and whether included in the

specifications, or other documents forming part of the contract or referred to in these

conditions or not and which may be necessary for the purpose of satisfying or

complying with the requirements of the Engineer in charge As to any matter as to

which under these conditions he is entitled to be satisfied, or which is entitled to

require together with carriage therefore, to and from the work. The contractor shall

also supply without charge the requisite number of persons with the means and

materials necessary for the purpose of setting out work, and, counting, weighing and

assisting in the measurement or examination at any time and from time to time of the

work or the materials, failing this the same may be provided by the Engineer in

charge at the expense of the contractor and the expenses may be deducted from any

money due to the contractor under the contract or from his security deposit or the

proceeds of sale thereof, or of a sufficient portion thereof. The contractor shall

provide all necessary fencing and lights required to protect the public from accident,

and shall also be bound to bear expenses of defense of every suit, action or other legal

proceedings at law, that may be brought by any persons for injury sustained owing to

neglect of the above precautions, and to pay any damages and costs which may be

awarded in any such suit, action or proceedings to any such person, or which may

with the consent of the contractor be paid for compromising any claim by any such

person

Contractors to

supply plant,

ladders,

scaffolding etc.

And is liable for

damages arising

from non-

provisions of

lights, fencing etc

Clause-20 A : The contractor shall provide suitable scaffolds and working

platforms, gangways and stairways, and shall comply with the following

regulations in connections therewith.

a) Suitable scaffolds shall be provided for workmen for all work that

cannot be safely done from a ladder or by other means.

b) A scaffold shall not be constructed, taken down, or substantially

altered, except:

i. Under the supervision of a competent and responsible person; and

This will apply to a contract

where the works

are to be

executed by the

specifications

recommended by

him.





30

ii. As far as possible by competent workers possessing adequate

experience in this kind of work.

c) All scaffolds and appliances connected herewith and all ladders shall :-i.

Be of sound materials.

ii. Be of adequate strength having regard to the loads and stains to

which they will be subjected; and

iii. Be maintained in proper condition.

d) Scaffolds shall be so constructed that no part thereof can be displaced

in consequence of normal use.

e) Scaffolds shall not be overloaded and so far as practicable the load

shall be evenly distributed.

f) Before installing lifting gear on scaffolds special precautions shall be

taken to ensure the strength & stability of the scaffolds.

g) Scaffolds shall be periodically inspected by a competent person.

h) Before allowing a scaffold to be used by his workmen the contractor

shall, whether the scaffold has been erected by his workmen or not,take steps to

ensure that it complies fully with regulations herein specified

i) Working platforms, gangways and stairways shall be so constructed that no

part thereof can sag unduly or unequally.

ii) Be so constructed and maintained, having regard to the prevailing

conditions as to reduce as far as practicable risks of persons tripping or slipping;

and

iii) Be kept free from any unnecessary obstructions.

j) In the case of working platforms, gangways, working places and

stairways at a height exceeding……(To be specified)

i. Every working platform and every gangway shall be closely

boarded unless other adequate measures are taken to ensure safety.

ii. Every working platform, gangway working shall have adequate width and

iii. Every working platform, gangway, working place and stairway

shall be suitably fenced

k) Every opening the floor of a building or in a working platform shall,

except for the time and to the extent required to allow the access of





31

persons or the transport of shifting of material, be provided with

suitable means to prevent the fall of persons or material. l) When persons are employed on a roof where there is a danger of

falling from a height exceeding ………. suitable precautions shall be

taken to prevent the fall of persons or material. m) Suitable precautions shall be taken to prevent persons being struck by

articles which might fall from scaffolds or other working places.

n) Safe means of access shall be provided to all working platforms and

other working places.

Clause 20 B : The contractor shall comply with the following regulations as regards

hoisting appliances to be used by him :

a) Hoisting machines and tackles, including their attachments,

anchorages and support shall:

i. Be of good mechanical construction, sound material & adequately

strength & free from patent defect; &

ii. Be kept in good repair and in good working order.

b) Every rope used in hoisting/lowering materials or as a means of

suspension shall be of suitable quality, adequate strength & free from

patent defect.

c) Hoisting machines and tackle shall be examined and adequately

tested after erection on the site and before use and be re-examined in

position at intervals to be prescribed by the Government.

d) Every chain, ring, hook, shackle, swivel & pulley block used in

hoisting/lowering materials or as a means of suspension shall be

periodically examined.

e) Every crane driver/hoisting appliance operator shall be properly

qualified.

f) No person who is below the age of 18 years shall be in control of any

hoisting machine including any scaffold or give signals to the

operator.

g) In the case of every hoisting machine & of every chain, ring, hook,

shackle, swivel & pulley block used in hoisting/lowering/as a means

of suspension the safe working load shall be ascertained by adequate

means.

h) Every hoisting machine and all gears referred to the proceeding regulation

shall be plainly marked with the safe working load.

i) In the case of a hoisting machine having a

variable safe working load each safe working

load and the condition under which it is

applicable shall be clearly indicated.

j) No part of any hoisting machine or of any gear

referred to in regulation ‗g‘ above shall be loaded





32

beyond the safe working load except for the purpose of testing.

k) Motors, gearings, transmissions, electric wiring and other dangerous parts of

hoisting appliance shall be provided with efficient safe guards. l) Hoisting

appliances shall be provided with such means as will reduce to a minimum the

risk of the accidental descent of the load.

m) Adequate precautions shall be taken to reduce to a minimum the risk

of any part of a suspended load becoming accidentally displaced.

Clause 21 : The contractor shall not set fire to any standing jungle, Measure for Measure for

prevention trees brushwood or grass without written permit from the Managing prevention of

Director. When such permit is given, and also in all cases hen destroying cut or fire.

dug up trees, brushwood, grass etc. by fire, the contractor shall take necessary

measures to prevent such fire spreading or otherwise damaging surrounding

property. The contractor shall make his own arrangements for drinking water for the

labour employed by him.

Clause 22 : Compensation for all damage done intentionally or Liability of Liability of

contractor unintentionally by contractor‘s labour whether in or beyond the limits Contractor for of for

any damage done in Government property including any damage caused by any damage

the spreading of or outside work area fire mentioned in clause 22 shall be done in or

estimated by the Engineer in charge or such other officer as he may appoint and outside work

the estimates of the Engineer in charge subject to the decision of the Managing area.

Director on appeal shall be final and the contractor shall be bound to pay the amount

of the assessed compensation on demand failing which the same will be recovered

from the contractor as damages in the manner prescribed in clause 1 or deducted by

the Engineer in charge from any sums that may be due to or become due from

Government to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal

proceedings that may be brought by any persons for injury sustained by him owing

to neglect of precautions to prevent the spread of fire and he shall pay any damage

and cost that may be awarded by the court in consequence.

Clause 23: The employment of female laborers on works in the neighborhood of Employment of

soldier‘s barracks should be avoided as far as possible. Female Labour.

Clause 24: No work shall be done on a Sunday without the sanction in writing of Works on

the Engineer in charge Sunday.





33

Clause 25: The contract shall not be assigned or subject without the written Work not to be

approval of the Engineer in charge. And if the contractor shall assign or sublet his sublet. Contract

contract, or attempt so to do or become insolvent or commence any proceedings to may be

get himself adjudicated an insolvent or composition with his creditors, or attempt rescinded and

so to do the Engineer in charge may be notice in writing rescind the contract. Also security deposit

if any bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or forfeited for

otherwise, shall either directly or indirectly given, promised or offered by the subletting it

contractor, or any of his servants or agents to any public officer or person in the without approval

employ of IPMCL in any way relating to his office or employment, or if any such or for bribing a

officer or person shall become in any way directly or indirectly interested in the public office or if

contract, the Engineer in charge may be notice in writing rescind the contract, in contractor

the event of a contract being rescinded the security deposit of the contractor shall becomes

thereupon stand forfeited and be absolutely at the disposal of Government and insolvent

the same consequences shall ensure as if the contract had been rescinded under

clause 3 hereof and in addition the contractor shall not be entitled to recover or be

paid for any work therefore actually performed under the contract.

Clause 26 : All sums payable a contractor by way of compensation under any of Sum payable by

way of these conditions shall be considered as a reasonable compensation to be applied to

the use of Government without reference to the actual loss or damage sustained, compensation to

and whether any damage has or has not been sustained. be considered as

reasonable

compensation

without

references to

actual loss

Clause 27 : In the case of tender by partners any change in the constitution of a Changes in the

firm shall be forthwith notified by the contractor to the Engineer in charge for his constitution of a

information. firm to be

notified

Clause 28 : All works to be executed under the contract shall be executed under Works to be

the direction and subject to the approval in all respects of the Executive Director under direction

of the circle for the time being who shall be entitled to direct at what point or of Managing

points and in what manner they are to be commenced and from time to time Director:

carried on



34

carried on.

Clause 29 : Except where otherwise specified in the contract and subject to the Decision of

powers delegated to him by IPMCL under the code rules than in force, the decisions Managing

of the Executive Director of the Circle for the time being shall be final, conclusive, Director to be

and binding on all parties to the contract upon all questions relating to the final

meaning of the specifications, designs, drawings, and instruction herein before

mentioned and as to the quality of workmanship, or materials used on the work

or as to any other question, claim right, matter, or thing whatsoever, if any way

arising out of, or relating to the contract, designs, drawing specifications,

estimates, instructions, orders, or conditions, or otherwise, concerning the work or

the execution or failure to executive same, whether arising, doing the progress of

the work, or after the completion or abandonment thereof.

Clause 30 : when the estimate on which at tender is made includes lump sum in Lump sums in

respect of parts of the work, the contractor shall be entitled to payment in respect estimates

of the items of work involved of the part of the work in question at the same rates

as are payable under this contract for each items, or if the part of the work in

question is not in the opinion of the Engineer in charge capable or measurement,

the Engineer in charge may at his discretion pay the lump sum amount entered in

the estimate and the certificate in writing of the Engineer in charge shall be final

and conclusive against the contractor with regard to any sum or sums payable to

him under the provision of this clause.

Clause 31 : In the case of any class of work for there is not such specifications as is Action where no

specification . mentioned in Rule I such work shall be carried out tin accordance with the

Divisional Specifications, and in the event of there being no Divisional

specification, then in such case the work shall be carried out in all respects in

accordance with the instruction and requirements of the Engineer in charge.

Clause 32 : : The expression ― Works‖ or ―work‖ where used in these conditions, Definition of

work shall unless there be something in the subject or context repugnant to such

constructions, be constructed to mean the work or works contract to be executed

under or in virtue of the contract, whether temporary or permanent and whether

original, altered substituted or additional.

Clause 33 : All quarry fees royalties, octroi dues and ground rent for staking Refund of quarry

materials, if any, should be paid by the contractor. Who will however be entitled fees and



35

to a refund of such of charges as are permissible under rules or obtaining the royalties.

certificate from engineer in charge that the materials where required for use on

IPMCL work.

Clause 34 : The contractor shall be responsible for and shall pay any compensation Compensation

under the work to his workmen payable under the Workmen‘s Compensation Act, 1923 (VII of

1923), hereinafter called the said Act) for injuries caused to the workmen. If such men‘s

compensation is paid by Government as principal under sub section (I) of section compensation act

12 of the said Act on the behalf of the contractor, it shall be recoverable by

Government from the contractor under sub section (2) of the said section. Such

compensation shall be recovered in the manner laid down in clause 1 above.

Clause 34 A : The contractor shall be responsible for and shall pay the expenses of Compensation

providing medical aid to any workman who may suffer bodily injury as a result of under the work

an accident. If such expenses are incurred by IPMCL the same shall be recoverable men‘s

from the contractor forthwith and be deducted without prejudice to any other compensation

remedy of Government from any amount due or that may become due to the act.

contractor.

Clause 34 B : The contactor shall provide all necessary personal safety

equipment and First air apparatus available for the use of the persons

employed on the site, shall maintain the same condition suitable for

immediate use at any time and shall comply with the following regulation

in connection therewith.

a) The workers shall be required to use the equipment so provided

by the contractor shall take adequate step to ensure proper use of

the equipment by those concerned.

b) When work is carried on in proximity to any place where there is

risk of drawing, all necessary equipments shall be provided and

kept ready for use and all necessary steps shall be taken for the

prompt rescue of any person in danger.

c) Adequate provision shall be made for prompt first aid treatment of

all injuries likely to be sustained during the course of work.

Clause 35 : Quantities to respects of the several item shown in the tender are Claim for



36

approximated and no revision in the tendered rate shall be permitted in respect of quantities of any of

the items so long as subjects to special provisions contained in the

work entered in specifications prescribing differences percentage of permissible variation. The

the tender or quantity of the items does not exceed the tender quantity by mote than 25% and so

estimate. long as the value of the excess quantity beyond his limit at the rate of item

specified in the tender is not more than Rs. 5000.00

2. The contractor shall if ordered in writing by the Engineer so to do carry out any

quantities in excess of the limit mentioned above in this clause. On the same

conditions as and in accordance with the specifications in the tender and at the rate

decided from the rates enclosed in the current

schedule of rates and in absence of such rates ate the rates prevailing on

the market rate, which may be increased or decreased as this case may be by the

percentage which the total tendered amount bears to the estimated cost of the total

work as put to tender.

3. Claims arising out of reduction in the tendered quantity of any item beyond 25%

will be governed by the provision of clause 15 only when the amount of such

reduction beyond 25% at the rate of the item specified in the tendered is more than Rs.

5000.00.

In view of the rationalisation of the revision of clause 37 of B-2 it is necessary to

prescribed the manner in which the claims arising out of reduction in the tendered

quantity of any item under 15 of the tender form should be dealt with.

Clause 36 : The contractor shall employ any famine, convict or other labour of a Employment of

particular kind or class if ordered in writing to do so by the Engineer in charge. famine other

labour :

Clause 37 : No compensation shall be allowed for any delay caused in the starting Claim for

compensation for of the work on account of acquisition of land or, in the case of clearance works, on

account of any delay in according sanction to estimates. delay in starting

the work :

Clause 38 : No compensation shall be allowed for any delay in the execution of the Claim for

work on account of water standing in borrow pits or compartments. The rates are compensation for

inclusive for hard or cracked soil, excavation in mud, sub soil water or water delay in the

standing in borrows pits and no claim for an extra rate shall be entertained, unless execution of

otherwise expressly specified. work:

Clause 39 : The contractor shall not enter upon or commence any portion of work Entering upon or





37

except with the written authority and instruction of the Engineer in charge or his

subordinate in charge of the work. Failing such authority the contractor shall

have no claim to ask for measurements of or payment for work.

Minimum age of persons employed the employment of donkeys and /or

other animals and the payment of air wages.

Clause 40 : : (i) No contractor shall employ any person who is under the age of 18

years.

(ii) No contractor shall employ donkeys or other animals with breeching, of string or

thin rope. The breeching must be at least three inches wide and should be of tape (

Nawar).

(iii) No animal suffering from sores, lameness or emaciation or which is immature

shall be employed on the work.

(iv) The Engineer in charge or his Agent is authorised to remove from the work any

person or animals found working which does not satisfy these conditions and no

responsibility shall be accepted by IPMCL for any delay caused in the completion

of the work by such removal.

(v) The contractor shall pay fair and reasonable wages to the workmen employed by

him in the contract undertaken by him. In the event of any dispute arising between the

contractors and his workmen on grounds that the wages paid are not fair and

reasonable the dispute shall be referred without delay to the Executive Director, who

shall decide the same. The decision of the Executive Director shall be conclusive and

binding on the contractor but such decision shall not in any way affect the condition in

the contract regarding the payment to be made by IPMCL at the sanctioned tender

rates.

(vi) The contractor shall provide drinking water facilities to the

works. Similar amenities shall be provided to the workers

engaged on large work in urban areas.

commencing an

portion of work :

Minimum age of person employed, the employment of donkeys and or other animals and the payment of fair wages :

Clause 41 : Payment to contractors shall be made by RTGS.

Acceptance of

Clause 42 : Any contractor who does not accept these conditions shall

not be allowed to tender for works.

Clause 43 : If IPMCL declare a state of scarcity or famine to exist in any

village situated within 10 miles of the work, the contractor shall employ

upon such parts of the work, as are suitable for unskilled labour, any

conditions compulsory before tendering for work

Employments of

scarcity labour





38

person certified to him by the Executive Director, or by any person to whom

the Executive Director may have delegated this duty in written to be in need

of relief and shall be bound to pay to such persons wages not below the

minimum which IPMCL may have fixed in this behalf. Any dispute which

may arise in connection with the implementation of this clause shall be

decided by the Executive Director whose decision shall be final and binding

on the piece contractor/worker.

Clause 44 : The price quoted by the contractor shall not in any case exceed the

control price if any fixed by Government or reasonable price which it is permissible

for him to charge a private purchaser for the same class and description of goods

under the provisions of Hoarding and Profiteering Prevention Ordinance. 1948 as

amended from time to time. If the price Prevention ordinance contractor will

specifically mention this fact in his tender along with the reasons for quoting such

higher price. The purchaser at his discretion will in such case exercise the right or

revising the price at any state so as to confirm with the controlled price on the

permissible under the Hoarding and Profiteering Prevention Ordinance. This

discretion will be exercised without prejudice to any other action that may be taken

against the contractor.

Clause 45 : The rates to be quoted by the contractor must be inclusive of GST, no

extra payment on this account will be made to the contractor.

Clause 46: The contractor should as far as possible obtain his requirement of

labour skilled and skilled from the nearest Employment exchange.

Clause 47: The provision regarding contractor‘s labours in the contract labour

(Regulation and abolition) Act, 1970 with he Maharashtra contract labour (Regulation

and addition) Rules –1971 shall be binding on the contractors. IF the provision in the

said act contradicts with any of the provision regarding contractor labour in any of the

clause in this tender, the provision in the contract labour (Regulation and Abolition)

Act 1970 with the Maharashtra Labour(Regulation and Abolition) Rules, 1971 shall

prevail.

Clause 48: The contractor shall comply with the provisions of the apprentices Act

1961 and the rule and the orders issued the tender there under from time to time. If

he/they/fail/fails to do so the failure will be breach of the contract and the





39

Executive Director may in the discretion, cancel the contract the contractor shall be

liable to appropriate action by him/them of the provision of the act.

Clause 49 Supply of material etc. by the contractors : The contractor are to provided

every article which may be necessary and requisite for the due and proper execution

of the several work included in contractor according to the indent and measuring or

the drawing and specifications taken together which are to be signed by Executive

Director IPMCL (hereinafter called the Executive Director) and by the contractor

whether the same may or may not have been particularly described in the

specifications or whom on the drawing provided however that the same are

reasonable and obviously to be informed therefrom. In case of any discrepancy

between the drawing and the specification the Executive Director shall decide which

of the two is to be followed.

Clause 50 The contractor shall set out the whole of the work as per approved

drawings and details supplied to him and during the progress of the work shall set

right as ordered by the Executive Director or his agent any error, which may be

found therein and shall also provide all necessary labour plant, labours and materials

for the purpose. The contractor shall also provide plats, labour and materials (with

the exceptions noted in schedule attached) which may be necessary and requisite for

the works. The materials and workmanship, are to the best of their respective jobs.

The contractors shall have to work in all respects clean and perfect at the completion

there off.

Clause 51 Drawing and specifications: At least six copies of the drawing and

specifications submitted by the contractor and approved signed by the Executive

Director shall be furnished by the contractor to the IPMCL and copies there of shall

be kept on site. Contractor agent who is to be constantly kept at site by the contractor

and to whom the instructions can be given by the Executive Director, IPMCL under

schedule A of the contract will supply plain M.S. round and/ or tor steel depending

upon the availability. As such design based on exclusive use of steel shall not to be

accepted.

Clause 52 (Control over works) The Executive Director or his duly authorized

representative have at all times access to the works which are to be entirely under his

control. He may require the contractor to dismiss person in his opinion is in

competent or misconducts himself and contract or shall forthwith comply with every

such requirements.





40

Clause 53 Materials left at site; all works and material brought and left upon the site

of the work either by the contractor or the orders for the purpose of forming part of

the work are to be considered to the property of the IPMCL and the same shall not be

removed or carried away by the contractors or any other person without the concent

in writing of the Executive Director but the IPMCL shall not in any way be

answerable for any loss or damage which may happen to in respect of any such work

or materials on account of the same being lost or stolen or injured by weather or

otherwise.

Clause 54 Removal and substitution of materials : The Executive Director shall have

full power for removal from the premises of the materials which in his opinion are not

in accordance with the specifications and incase of default the Executive Director

shall be at liberty to employ other persons to remove the same without being

answerable or accountable for any loss or damage that maybe caused to such

materials. The Executive Director shall also have full power to acquire other proper

materials to be substituted and in case of default the Ex. Engineer may cause the same

to be supplied and all cost which he incurred insuch removal and substitution shall be

borned by the contractor.

Clause 55 Action in case of improper materials and workmanship : if in the opinion

of the Executive Director any work or any part thereof is executed with improper

material of defective workmanship, the contractor shall when enquired by the

Executive Director forthwith re-execute the same and substitute proper materials an

workmanship & in case of default by the contractor in so doing within a week from

the dates of the requisition the Executive Director shall have full power to employ

other persons to re-execute the work & cost there of shall be borne by contractor.

Clause 56: Action and compensation payable in case of bad work : I at any time

before security deposit is refunded to contractor , it shall appear to the Engineer-in-

charge or his subordinate in charge of the work, that any work has been executed with

unsound imperfect or unskilled workmanship for with material of inferior quality of

that any materials provided by him for the execution of the work unsound, or of a

quality inferior to that contract it shall be lawful for the Engineer-in-charge to

intimate this fact in writing to the contractor and than not withstanding the fact that

the work material or articles complained or may have been inadvertently passed,

certified and paid for. The contractor shall be





41

bound to forthwith rectify or remove or reconstruct the work so specified in whole or

in part, as the case may require or if so required, shall remove materials & articles so

specified and provide other proper and suitable materials at his own charge and cost.

In the event of this failing to do so within a period to be specified by Engineer-in-

charge in written intimation aforesaid the contractor shall be liable to pay

compensation at the rate of 1 % on the amount of estimate for every day not

exceeding 10 days, during

which the failure so continuous and in that event of any such failures as aforesaid the

Engineer-in-charge may rectify or remove and re-execute the work or remove and

replace the materials or articles complained or as the case may be at the risk &

expenses in all respect of the contractor.

The Engineer-in-charge consider that any such inferior work or materials as

described above will not be accepted and will be straight way rejected.

Clause 57: Performance & guarantee of work of plant completed by the

contractor : The contractor shall make good and repair defects in materials

and workmanship & performance, etc., revealed in the finished work or the

plant completed by him for a period of 12 months from the date of which

final completion certificate is issued by Engineer-in-charge. The decision of

the Engineer-in-charge as to the necessity of repairs shall be binding on the

contractor . If the contractor fails to maintain and keep in proper condition.

The work completed by him or if the plant erected by him stipulated period of

maintenance or performance, the Engineer-in-charge shall be entitled to carry

out the repairs department or enough other agency at the cost of contractor the

decision of the Engineer –in-charge as the amount of expenses incurred in

carrying out the repairs shall be final and binding on the contractor. The

Engineer-in-charge shall be entitled to forfeit the whole or any part of the

security deposit the amount stated elsewhere in these documents for this

purpose towards expenses incurred by him in repairing the work completed

by the contractor.



42

Clause 58 -Responsibility of contractor for damage or fire etc. : From the

commencement of the work to the completion of the same work shall be

under the contractor‘s charge. The contractor shall be held responsible for any

damage done to the same by fire or any other cause and they shall be liable to

make good all such damage and to carry out any repairs which may be

rendered necessary to the same be fire or other causes and they and to hold

the IPMCL harmless from any claim for injures to persons for structural

damage to property happening from any neglect or default for want to proper

care of misconduct on the part of the contractor or any one of their employee

during the execution of the work.

Clause 59- Execution of the works included in the contract : The Executive Director

shall have full power to send workmen on the premises to execute fitting and other

works not included in the contract and for which the contractors shall be carried on in

such a manner as not impede the progress of the work included in the contract. The

contractors shall however be responsible for any damage which may happen to or be

occasioned in the execution of an such fitting or other works.



43

Annexure II

EMD of the equipment

EMD will be 1% of the value of the quoted price of Suppliers. The EMD will be

returned to the unsuccessful bidder within 1 month of opening the commercial bids.

The EMD deposited by the successful bidder shall be released on submission of

Performance Bank Guarantee as stipulated in terms & conditions. No interest

would be paid to the EMD deposited/ held back.

Security Deposit – Total 5%

1% to be deposited before commencement of work in addition to 1% EMD amount.

Balanced 3% will be deducted from the running bills to make total 5%.



44

Annexure III

FORMAT FOR COST DETAILS

(Cost particulars should be given in this format instrument wise/ accessories wise separately)

Note: All the cost particulars should be furnished either in Indian Rupees or foreign currency..

Part 1: Cost details of indigenous equipments/ instruments

Name of the Instrument:

S.No. Cost details of indigenous items Cost in Rs.

i) Cost of RO and Civil Work

ii) Cost of Evaporator

(a) Any other cost

Delivery schedule of the equipment: months

ANNEXURE- IV

FORMAT OF BANKGURANTEE FOR GUIDANCE PURPOSES ONLY (ON NON-

JUDICIAL STAMP PAPER OF Rs.100/-)



45

(Applicable for successful bidders, to be submitted in lieu of security deposit and also for

releasing the 20% advance-for guidance purpose)

Bank guarantee No.________________________ Date:

This deed of guarantee made this __________________________day of

_______________________2016/17 (Two thousand and Sixrteen/Seventeen(Name and address

of the bank) hereinafter referred to as ‗the Bank‘) which expression shall where successors and

assignees of the Bank and the IchalkaranjiPowerloomMegacluster Limited, (hereinafter referred

to as IPMCL) which expression shall unless repugnant to the context of the meaning thereof

include its legal representatives, successors and assignees.

WHEREAS the IPMCL HAS PLACED ITS Purchase Order Bearing No.___________________

dated ________________on (name and address of the bidder) (hereinafter called ‗the supplier‘

for the supply of________________

AND WHEREAS the IPMCL has agreed to pay to the supplier an advance 15% of the value of

the equipment on submission of a Bank Guaranteeof equal amount, which will be kept valid upto

delivery of the machine months from the date of Bank Guarantee.

In consideration of the IPMCL having agreed to pay to the supplier Rs. ____________

(Rupees________________________________________ only) being the 15% cost of the value

of the equipment, we (name of the Bank) hereby undertake and guarantee to make repayment to

IPMCL the said 15% amount or any part thereof which does not become payable to the supplier

by the IPMCL in accordance with the subject to the terms and conditions of the said order within

___________ days from the date of dispatch/ from the date of receipt of the material at site. The

Bank further undertakes not to revoke this guarantee during its currency except with the previous

consent of the IPMCL in writing and this guarantee shall be a continuous and irrevocable

guaranteeupto a sum of Rs.___________(Rupees______________________ Only)

The Bank shall not be discharged or released from this guarantee by an arrangement between the

supplier and the IPMCL with or without the consent of the Bank or any alterations in the

obligation of the parties or by any indulgence, forbearance shown by IPMCL to the supplier and

the same shall not prejudice or restrict remedies against the Bank nor shall the same in any event

be a ground of defense by the Bank against the IPMCL. We (name of the Bank) do hereby

undertake to pay an amount equal to 15% of the order value being the amount due and payable

under this guarantee without any demur, merely on demand from the IPMCL stating that the

amount claimed is due to the IPMCL. In case the IPMCL puts forth a demand in writing on the

Bank for the payment of the amount in full or in partagainst this Bank guarantee, the bank shall

consider that such demand by itself a conclusive evidence and proof that the supplier has failed

in complying with the terms and conditions stipulated by IPMCL in the Purchase Order and

payment shall be made to the IPMCL without raising any dispute regarding the reasons for any

such lapse/ failure on the part of the supplier.

This guarantee shall be in addition to and without prejudice to any other securities or remedies

which the IPMCL may have to hereinafter possess against the supplier and the IPMCL shall be

under no obligation to marshal in favor of the Bank any such securities or fund or assets that the

IPMCL may be entitled to receiving or have a claim upon and the IPMCL at its absolute

discretion may vary, exchange renew, modify or refuse to complete or enforce or assign any

security or instrument.



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The bank agrees that the amount hereby guaranteed shall be due and payable to the IPMCL on

IPMCL‘s serving with a notice requiring the payment of the amount and such notice shall be

deemed to have been served on the Bank either by actual delivery thereof to the Bank or by

dispatch thereof to the Bank by Registered Post shall be deemed to have been duly served on the

Bank notwithstanding that the notice may not in fact have been delivered to the Bank.

In order to give full effect to the provisions of this guarantee, the Bank hereby waives all

inconsistent with the above provisions and which the Bank might otherwise as guarantor be

entitled to claim and enforce.

NOTWITHSTANDING anything contained herein before, the liability under this guarantee is

restricted to Rs._______________(Rupees____________________ Only). The guarantee shall

remain in force till the _____________________ and unless the guarantee is renewed or a claim

is preferred against the Bank within 3 months from the said date all rights of the IPMCL under

the guarantee shall cease and Bank shall be released and discharged from all liability hereunder.

______________________

(SIGNATURE)

PLACE:

DATE: SEAL CODE NO.

NOTE 1: SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE NO. OF THE

SIGNATORY ARE AFFIXED BY BANKER, BEFORE SUBMISSION OF THE BANK

GUARANTEE.

ANNEXURE V

FORMAT TO BE FILLED UP AND SUBMITTED



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IN THE LETTER HEAD OF THE BIDDER

To,

ICHAKLKARANJI POWERLOOM MEGA CLSUTER LTD

Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416

109, Kolhapur Dist.


,

Sub: Supply of ----------Equipment to IPMCLas per the specifications and quantities mentioned

in the tender.

Dear Sir,

a) Having examined the conditions of Tender and Specifications of the machine, we, the

undersigned, offer to supply ------------- machineas mentioned in the Annexure I as per the

quantity and specifications given in the tender along with standard spares/accessories as

specified.

b) Earnest Money Deposit (EMD) as given in Annexure II in the form of Bank Demand Draft/

Pay Order in favor of ‗IchalkaranjiPowerloomMegacluster Ltd’payable at Ichalkaranjias

detailed in the Tender Conditions is enclosed.

c) The original tender document duly signed on all pages is enclosed.

d) We agree to abide by this for the period from the opening date fixed for receiving the same

and it shall remain binding upon us for a mutually extended period agreed in writing by us.

e) If our tender is accepted, we undertake to supply the machine and install the same at site

mentioned in the tender within the specified mentioned in Annexure V from receipt of the

order from the IPMCL in writing.

f) We agree to supply consumable spare parts and replacement of the broken/damaged/non-

compatible parts during the guarantee/warranty period, free of charge, as per the terms and

conditions.

g) We agree to train the personnel free of charge, as per the terms and conditions.

h) If our tender is accepted we will, obtain and arrange:

1. Security Deposit/ Bank Guarantee as defined

2. Insurances

3. Any other statutory obligation, if any, prior to commencement of supply of machinery.

i) We agree for the validity of our tender up to ONE year from the date of order confirmation.

j) We agree to your right to forfeit our EMD/Security deposit without prejudice to any other

right or remedy for the following failures on our part.

1) Changes in terms and conditions of tender are made within the validity period.

2) Supply and installation of machine is not commenced within specified period as given in

the tender Document.

3) Obligations under (e) above are not fulfilled.



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k) The bidders shall use only tender documents as issued for submitting his bid and shall

comply with various terms and conditions.

l) Unless and until a formal Agreement/order is prepared and issued, this tender together with

your written acceptance thereof, shall constitute a binding contract between us and IPMCL.

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

n) We agree to make a presentation of the products to be supplied by us, before the Purchase

Committee if need be on a mutually convenient date.

Authorized Signatoryof the Tenderer

Signature dated :

Designation/ Capacity :

Name :

ANNEXURE VI



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CHECK LIST TO BIDDERS

1. Get all the clarification regarding terms and conditions, specifications etc during the pre-bid

meeting or by writing to the Chairman,IPMCL, prior to submission of bids.

2. The original tender document purchased/ downloaded in full has to be submitted along with

the technical bids duly signed on all pages. Adequate copies of the format of the cost details

may be taken separately for each instrument.

3. If the tender document is downloaded, separate DD of exact amount as of tender fee is to be

enclosed and also the required EMD for each machine as mentioned in the tender document

are to enclosed. A combined DD covering the EMD for all the machine quoted can be drawn

and kept in one of the technical bids. Copies of this DD can be kept in other technical bids.

4. A covering letter duly signed by the authorized person as per the specimen given at annexure

VI of the tender document.

5. Ensure that User Certificates from at least two users on their letter head stating that the

performance of similar make and model supplied to them is satisfactorily is enclosed.

6. No commercial terms of reference should be given in the technical bid at all.

7. A descriptive leaflet / brochure of the equipment quoted are enclosed along with the technical

bid.

8. Ensure that all documents are enclosed in cover A as mentioned

9. The technical and commercial bids are submitted separately super scribing cover A Technical

Bid for ……………………..instrument or Cover B Commercial bid for

………….instrument. Last date ……….. The technical bids can be kept together in one

envelop, ensure that the commercial bids are kept separately for each instruments.

10. Proof regarding manufacturer / authorized agent, as the case may be, is enclosed.

11. Prior to submission of bids, bidders have to ensure that the equipment quoted by them is

suitable for producing High Quality Fabrics.

12. Cost details are to be given in the prescribed format only. If more than one Model of the

instrument is quoted, separate sheet may be enclosed may be given.

Note: if the bidder fails to furnish all the relevant documents / information as mentioned in

the tender documents, the tender will be rejected.



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