INDIA BRAND EQUITY FOUNDATION (IBEF)

TENDER / REQUEST FOR PROPOSAL (RFP)

FOR

INTERIOR WORK OF PROPOSED OFFICE FOR IBEF

ON

20TH FLOOR, STC BUILDING JANPATH, C.P., NEW DELHI

VOLUME – I

GENERAL & SPECIAL CONDITIONS OF CONTRACT

AND

VOLUME – II

BILL OF QUANTITIES

INDIA BRAND EQUITY FOUNDATIONAPPAREL HOUSE, 5TH FLOOR # 519-22, SECTOR – 44GURGAON – 122003HARYANA

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S. NO. DESCRIPTION PAGE NO.

1.0 About IBEF 5 2.0 Notice inviting tender 63.0 General instructions to bidders 94.0 RFP Form 115.0

6.0

7.0

Interpretations

Proforma of contract agreement

General Conditions of Contract/Terms of Payment

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14

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8.0 Schedule of Payments 279.0 Commercial Terms 3110.0 Supply of material by the IBEF 3311.0 Effective date of contract 33

12.0

13.0

Principal to Principal Basis

Preambles to Schedule of Quantity

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35

14.0 List of Drawings 36

NOTICE FOR RFP

Sealed item rate proposals are Invited by IBEF having its registered office at India Brand Equity Foundation (IBEF) APPAREL HOUSE, 5TH FLOOR, #519-22, SECTOR – 44, GURGAON – 122003, Haryana

1. The Site: The site is: 20th Floor, STC Building, Janpath, CP, New Delhi

2. Description of Work: Interior

3. Bidders will pack, mark and deposit the following in three separate sealed envelopes.

RFP Documents will be submitted, in original

i) Envelope No. 1:- Should be marked as EMD and should contain earnest money deposit for the amount and in the manner specified.

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ii) Envelope No. 2:- Should be marked as Pre-Qualification Bid. In this, bidders should furnish the following :

a) Bidder shall possess all valid registration certificate of VAT (Delhi), Service Tax, Work Contract Tax, Labour Cess etc. Details of the same should be furnished along with RFP.

b) Bidder should have contracted and delivered at least two prestigious projects of office interiors with minimum value of Rs. 75 Lakhs or more each in the past three years (Financial years).

Details of such projects may be furnished along with photographs (if possible)

The same projects may have to be shown to Architect/Interior Designer/ IBEF for their assessment for your pre-qualification in subject RFP whenever asked for.

c) Interested Bidder should have minimum five years of experience to execute such tendered works. (Please submit the ROC/MOA etc for incorporation and self-attested certificate to the effect)

d) Bidder should submit last three years turnover duly certified by CA (Charted Accountant). Additionally last three years balance sheets should be submitted.)

e) Bidder should be specialized in execution of interior designing works.

f) Bidder should be Partnership, Pvt. Ltd or a Public Ltd. Company only.g) Bidder must be having sufficient man power, working staff and well equipped with latest tools and tackles required for timely completion of works required.

h) Bidder should submit Profile of their Firm/Company for assessment of RFP Inviting Agency.

i) Any information Bidder want to add (in brief), in connection with said RFP, may do so.

It is hereby mentioned that General & Special Conditions of Contract (Vol. I) from Page 1 to 35 attached, will form a part of Pre-qualification Bid.

iii) Envelope No. 3:- Should be marked as Price Bid.

This envelope will contain priced Bill of Quantities duly signed by authorised signatory.

General Note:-

1. Above envelopes Nos. 1, 2 and 3 will be sealed separately and kept in one single envelope, duly sealed.

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2. First of all, envelope No. 2 i.e. of Pre-qualification Bid will be opened and studied in detail.

If it meets pre-qualification requirements, then envelope No. 3 and lastly envelope no. 1 will be opened and processed.

3. If pre-qualification Bid is not satisfactory, the RFP will be straightaway rejected.

4. Price/Financial Bids of successful bidders (those who meet the pre-qualification requirements) will be opened in the presence of the bidders or their authorised representatives on the date/time to be specified by IBEF. The lowest cost bid (L1) will be selected.

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SECTION 1: ABOUT IBEF

1. The India Brand Equity Foundation (IBEF) is a Trust established by Department of Commerce, Ministry of Commerce & Industry, Government of India. IBEF’s primary objective is to promote and create international awareness of the Made in India label in markets overseas and to facilitate dissemination of knowledge of Indian products and services. Towards this objective, IBEF works closely with stakeholders across government and industry to promote Brand India. IBEF works with a network of stakeholders - domestic and international - to promote Brand India.

2. IBEF, at present has office at Apparel House, 5th Floor, #519-22, Sector- 44

Gurgaon – 122003, Haryana INDIA and plans to relocate its office to 20 th floor, STC building Janpath, C.P, New Delhi. The present RFP is been floated for the purpose of construction of the new office.

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2.0 NOTICE INVITING RFP

M/s ________________________

2.1 Sealed proposals in the prescribed RFP form are hereby invited by the undersigned for the work as detailed below.

a) Name of Work : Office Interior Work at 20th Floor, STC Building, Janpath C.P., New Delhi

b) Cost of RFP document : Nil

c) Receipt of RFP : By 19th January 2016 up to 4.00 pm d) Completion period : 75 days

e) Submission of RFP : IBEF Office, Apparel House, 5th Floor, # (in sealed cover) 519-22, Sector- 44 Gurgaon – 122003, Haryana INDIA

g) Earnest Money : Rs 1,25,000/- as Demand Draft in favour of India Brand Equity Foundation. (Payable at Delhi)

2.2 RFP consisting of drawings, Bill of quantities and set of conditions of contract can be can be downloaded from the IBEF website.

2.3 The site for the work is available.

The acceptance of the proposal will rest with IBEF, who does not bind itself to accept the lowest cost proposal, and reserves the right and authority to reject any or all the proposals received without assigning any reasons thereof. Any proposal where any of the prescribed conditions are not fulfilled or is incomplete in any respect is liable to be rejected.

2.4 Canvassing in connection with the proposal is strictly prohibited and the proposals submitted by the contractors who resort to canvassing will be liable to rejection.

2.5 On acceptance of the proposal, the name of the accredited representative of the bidder who would be responsible for taking instructions from the Architect-in-charge shall be communicated to the bidder/supervisor within 7 days after the date of written order to commence work.

2.6 Sales Tax, Vat or any other tax on material purchased by the contractor, if any, in respect of this contract shall be payable by the contractor and IBEF will not entertain any claim whatsoever in this respect. In the event of non-payment/defaulting in payment of any octroi, royalty, sales tax, custom excise or any other levy/tax including labour dues and C.P.F. etc. by the contractor, IBEF reserves the right to withhold the dues/payment and make payment to the Local/State/Central Government Authorities or to labourers as may be applicable and the same shall be adjusted from the amount due to contractor.

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2.7 VALIDITY OF OFFER

The proposal submitted by the bidder for the works shall remain open for acceptance for a period of 150 days from the date of opening of the proposals. If any bidder withdraws his proposal before the said period or makes any modifications in the terms and conditions of the proposal which are not acceptable to IBEF, then IBEF shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely.

2.8 If it is found that the proposal is not submitted in the proper manner or contains too many corrections or absurd rates of amounts, it would be open for IBEF to reject the proposal.

2.9 Unsealed proposals will be summarily rejected.

2.10 Before submitting his proposal, the bidder shall inspect the site to fully acquaint himself about the conditions in regard to accessibility of site, nature and extent of ground working conditions including space for stacking of materials, installations of T&P etc. conditions effecting accommodations and movement of labour etc. required for the satisfactory execution of the contract. No claim whatsoever on such account shall be entertained by IBEF, in any circumstances afterwards.

2.11 The bidder should read the specifications and study the RFP and drawings carefully before submitting the proposal.

2.12 The contractor’s responsibility for the contract shall commence from the date of issue of order of acceptance of the proposal.

2.13 The contractor should verify all plans, elevations and sections shown in the drawing and in case of doubt(s) about required particulars which may in any way influence his proposal, the same may be clarified from the issuing authority of the RFP before submitting the proposal. No allowance whatsoever will be made to the contractor for any alleged ignorance thereof.

2.14 The site for execution of the work will be made available as soon as the work is awarded.

2.15 The RFP document has the specific terms and conditions on which proposals are invited. Hence, all proposals should be in strict conformity with the RFP documents and should be filled in where ever necessary and initialed. Incomplete proposals are liable to be rejected. The terms and conditions of the RFP documents are firm. As such, conditional proposals are liable to be rejected.

2.16 The Bidder while submitting proposals must provide adequate information regarding his financial, technical and organizational capacity to execute the work of this nature and magnitude.

2.17 The contractor shall submit at least two office works executed in past 3 years period in the following form.

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Name of work

Name & particulars of Work

Amount of Work

Position of Works if in Progress

Remarks

2.18 RATES

2.18.1 The bidder should quote in figures as well as in words the rate, quoted by them. The amount for each item should be worked out and the requisite total be given accordingly.

2.18.2 Rates quoted by the bidder in his proposal shall be accurately filled in figures so that there is no discrepancy in the rates written in figures.

2.18.3 a) Quoted rates shall be exclusive of taxes such as VAT/Work contract tax, labour cess and service tax.

b) Sales tax/VAT, or any other tax on materials brought in respect of this contract shall be payable by the contractor and IBEF will not entertain any claim whatsoever in this respect.

2.18.4 The quoted rates shall be for all heights, lifts, leads and depths except where otherwise specified in the item of work.

(a) The rates quoted by the bidder shall cover the cost of all loading, transporting to site, unloading, storing under covers as required, assembling or joining the several parts together as necessary and incorporating or fixing materials in the work including all preparatory work or whatsoever description as may be required and of closing, preparing, loading, returning empty cases of containers to the place of issue.

(b) The bidder is bound by the rates he had quoted for the various items irrespective of quantities mentioned in the RFP. No extra amount will be paid due to variation, alteration, omissions, modifications of the quantities put to RFP, unless it has been specifically agreed by IBEF.

c) The contractor shall operate and maintain Sulabh Shauchalaya for labourers at his own risk and cost. Nothing extra shall be payable on this account.

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d) The IBEF reserves the right to order for any item or group of work or split the work between one or more sub-contractors, if necessary. Such a step shall not constitute a breach of contract.

2.17.5 The bidder should furnish along with his RFPPAN No…………….. ……………..Income Tax……………………….. Service Tax No…………….......... Sales Tax No. ……………. …….Work contract Tax Registration No………………………….

3.0 GENERAL INSTRUCTIONS TO BIDDERS

3.1 Proposal shall be signed by the legally authorized representative of the bidder with designation and complete address. Proposal is to be submitted in a sealed cover superscripted “RFP FOR INTERIOR WORK OF PROPOSED OFFICE OF IBEF’. All pages of the document shall be signed and stamped by signatory of the bidder.

3.2 The RFP form shall be filled in with all entries made by hand and written in indelible ink. Any proposal where there is overwriting or erasure is liable to be rejected. All corrections should be attested by the bidder with his dated initials as many times as the corrections occur.

3.3 Contractor shall quote for all items of work and in case Contractor does not quote for any item, RFP will be rejected.

3.4 No addition/alteration made by the bidder in the Notice Inviting RFP, Instructions to the Bidder, the RFP form, the conditions of contract, the drawings, specifications or quantities accompanying the same shall be recognised, and if any such additions/alterations are made or any special condition are attached, then that proposal is liable to be rejected.

3.5 After acceptance of the proposal, the selected bidder shall sign the necessary agreement within 7 days of intimation. In case of delay, the earnest money may be forfeited and the RFP will be awarded to the next eligible bidder.

3.6 The successful bidder shall submit a detailed progress bar chart, identifying the activities involved and working out the resource scheduling for main items, within five days of intimation of acceptance of RFP, which with modifications if any, by the IBEF, shall form part of the agreement and shall be strictly adhered to for final and satisfactory completion of entire work within time frame.

3.7 The contractor shall follow the details of programme for all the items of the work and such programme will be part of the contract and shall be binding on the contractor. The programme may be modified by the IBEF, in consultation with the contractor, but subject to the time limit specified in the RFP.

3.8 PERFORMANCE GUARANTEE/EMD

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a) The contractor will submit Performance Guarantee DD/Bank guarantee of Rs. 500,000/- (payable at Delhi) against the said work order. The same will be refundable to contractor after two months of the completion of works.

b) EMD for unsuccessful bidders will be returned within one month of opening of proposals. For the successful bidder, the EMD will returned on submission of performance guarantee.

4.0 RFP FORM

To,India Brand Equity Foundation (IBEF)APPAREL HOUSE, 5TH FLOOR # 519-22, SECTOR – 44GURGAON – 122003HARYANA

Dear Sir,

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I/We do hereby submit our proposal for the execution of the work specified in the underwritten memorandum within the time specified at the rates therein and in accordance, in all respects with the specifications, drawings, designs and instructions supplied by you, which I/we have read very carefully,

MEMORANDUM:

ii) a) Name of Work : Interior Works of Office of India Brand Equity Foundation (IBEF)20th Floor, STC BuildingJanpath, C.P., New Delhi

b) Earnest Money : Rs 1,25,000/- as demand draftin favour of India Brand Equity Foundation. (Payable at New Delhi)

I/we hereby distinctly and expressly declare and acknowledge before the submission of my/our proposal that I/we have carefully followed the conditions, instructions and read the specifications and schedule of quantities, examined and drawings and clearly understood all the conditions of contractor. I/we have also seen the location where the said work is to be done and made such investigations of the work required to enable me/us to complete the work successfully.

I/we enclosed herewith a Draft No. ______________ dated __________ drawn on

__________ Bank as Earnest Money that does not bear interest.

Should this RFP be accepted in whole or in part, I/we hereby agree to abide by and fulfill all the terms and conditions annexed hereto. If I/we fail to commence the work specified in the above memorandum I/we agree that my/our earnest money shall be forfeited, otherwise this shall form part of the security deposit (retention money). I/we also agree to the balance retention money being deducted from my/our bills in accordance with the condition of contract.

I/we agree to keep the offer open as per clause 2.7.

Yours faithfully,

Date______________ Signature of the Bidder

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5.0 INTERPRETATIONS

5.1 In construing these conditions and interpretations specifications. Schedule of Quantities and Contract Agreement, the following words shall have the meanings herein assigned to them except where the subject or context otherwise requires.

a) EMPLOYER/IBEF Shall mean India Brand Equity Foundation which includes its representative / assigns or successor/s

b) ARCHITECTS Architect in the said document shall mean the Architect authorized by IBEF for the project

c) CONTRACTOR Means the individual or firm or Company whether incorporated or not, undertaking the work & shall include legal personal representative of such individual or the persons comprising such firm or company, and the permitted assigner of such individual or firm or company.

d) SITE Shall mean the site of work as aforesaid allotted by the Employer to the Contractor for Interior Works only.

e) SUPERVISOR-IN-CHARGE Shall mean officer authorized by IBEF for the purpose of supervision/issuing instructions

f) BIDDER Means the individual or firm or company whether incorporated or not, who is submitting his/her proposal in response to the RFP

g) NOTICE IN WRITING On written notice shall mean a notice in writing, typed/printed/mail (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received in the ordinary course of post if would have been delivered.

h) WORKING DAY Means any day other than that prescribed by the negotiable instruments act as being a holiday and consists of the number of hours for labour as commonly recognized by a good employer in the trade and in the district where the work is carried

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out.

i) DAY WORK Means items or labour and/or materials which, in the opinion of the Authorised representative of IBEF are not capable of being evaluated by the accepted methods of measurement or assessment.

j) IS Shall mean Indian Standard as issued by the Indian Standard Institution. Wherever reference is made to “IS” it shall mean the relevant “IS” code on the subject with latest edition as amended till date of submission of RFP.

k) PROPERTY, OWNERSHIP AND POSSESSION

The assets being created under this contract as stipulated in the schedule will be the ‘Property’ solely belonging to the IBEF. The Ownership of the site and property will solely rest with the IBEF throughout the performance of this contract from the beginning up to its completion or determination or termination or cancellation and beyond. The use of site or the assets under execution or part thereof by the Contractor is purely to facilitate his performance under the contract and does not confer on him the right of possession or tenancy.

l) WORK AND SCOPE OF WORK

Shall mean the totality of the work by expression or implication envisaged in the contract.

m) CONTRACT VALUE Shall mean up to calculation of the entire remuneration due to the contractor in term of the contract on successful completion of the work.

n) ACCEPTANCE OF RFP Shall mean the acceptance of RFP issued by the IBEF or its authorized representative(s) to the Contractor.

6.0 PRO- FORMA OF CONTRACT AGREEMENT(To be executed on NON-JUDICIAL STAMP PAPER OF APPROPRIATE

VALUE)

CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT is made and executed at ………………… on this …………………… day of …………….2016 amongst:

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PARTIES:

(1) India Brand Equity Foundation, herein after referred to as the "IBEF".

AND(2) M/s _____________________________________________, having it registered

office at _____________________________________, acting through and by the hands of Sh. _______________________ (Name of the authorized signatory ____________________________, _____________________ (Designation _________________, duly authorized by the Board of Directors vide resolution dated _______________, hereinafter referred to as the “Contractor” which expression shall, where the context so admits, include the said M/s __________ _______________________, their Board of Directors, successors in office, successors in interest, administrators and assigns etc.

WHEREAS:

India Brand Equity Foundation, IBEF of 20th Floor, STC Building, Janpath, C.P., New Delhi has obtained requisite license for Interior Work of Proposed Office. The IBEF being desirous of appointing some contractors to perform various works related to Interior Works work including day-to-day supervision of the work being developed by them on the aforesaid space (hereinafter referred to as the "Work'') has issued RFP for such appointment of contractors;

The Contractor has inspected the Site specified in the RFP Documents and its surroundings and has satisfied himself by careful examination before submitting the RFP as to the nature of the surface, the nature of the Site, local conditions, the quantities, nature and magnitude of the Works, availability of labour and material necessary for execution of Work, the means of access to site, the supply of power and water and has made local and independent enquiries and obtained complete information as to the matters and things referred to, or implied in the RFP Document or having any connection therewith, and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the Works to be carried out under the Contract Agreement and has examined and considered all other matters, conditions and things and probable and possible contingencies and generally all matters incidental thereto and auxiliary thereof affecting the execution and completion of the Works;

NOW, THEREFORE, THIS CONTRACT AGREEMENT WITNESS:

1. That in this Contract Agreement words and expressions shall have the same meanings as are respectively assigned to them under Section Definitions in the General Conditions of RFP Documents issued by the IBEF and accepted by the Contractor while submitting his bid dated ______________ 2016.

2. That the Parties hereby execute this Contract Agreement establishing the scope of work, terms and conditions of such services and works mentioned in or referred to in the RFP Documents including General Conditions of Contract, Special notes,

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Annexure, Specifications, Drawings, Schedule of Rates, Reports, and other documents as called for in the RFP, various minutes of meetings and the correspondence in this connection exchanged between the Parties.

3. That the drawings, the specifications and the priced schedule of quantities have been signed by or on behalf of the parties hereto and the Contractor has agreed to execute the said works indicated on the said drawings, described in the said specifications and the said priced schedule of quantities at respective rates mentioned in the priced schedule of quantities amounting to the contract sum on the Terms and Conditions set for the herein and the supporting documents.

4. That subject to what is specifically recorded herein and in the various communications and minutes of meetings, culminating into the execution of this Contract Agreement, the following documents and the communications exchanged between the parties as are mentioned hereunder form part of and shall accordingly be read and construed as part of this Contract Agreement as amended.

(i) Notice Inviting RFP(ii) RFP Form(iii) Contract Agreement and General Conditions(iv) Special conditions if any(v) Technical Specifications.(vi) Bill of Quantities and Rates(vii) RFP Drawings (viii) Preliminary Construction Programme.(ix) Letter No……….. dated …………… inviting RFP(x) Contractor’s RFP bid submitted, vide letter No. … dated …………(xi) Addendum to RFP dated ……………(xii) Minutes of Meeting dated ……………….(xiii) Work order no. ……….. dated ……………. Issued by IBEF …………

5. That the term "Architect" in the said conditions shall mean the Architect authorized for the purpose of this project by the IBEF.

6. That in consideration of the payment to be made by the IBEF to the Contractor for the work to be executed by him, the Contractor hereby covenants with the IBEF that within the specified time, the Contractor will duly provide, execute, complete and maintain the Works, as shown upon the said drawings, specifications, said priced schedule of quantities and such further details/drawings as may be furnished to the contractor from time to time by the said Architect through the Supervisor in charge and shall do and perform all other acts and things covered by the contract, mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the Works and at the times and in the manner and subject to the terms and conditions or stipulations mentioned in the said Contract Agreement and its supporting documents mentioned therein.

7. That in consideration of the due provisions, execution, completion and maintenance of the Work, the IBEF does hereby agree to pay to the Contractor such Contract Sum in proportion to the work actually done by him and approved by the Architect/Supervisor in charge. Such payments are to be made at such time

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and in such manner as is provided for in General and Special Conditions of the Contract.

8. That the drawings, specifications and priced schedule of quantities, mentioned above shall form the basis of this Contract Agreement and the decision of the Architect in charge as mentioned in the conditions of contract in reference to all matters pertaining to the material, workmanship or account shall be final and binding.

9. That the said contract comprises of the work above mentioned and all subsidiary works connected therewith at the same site as may be required by the Contractor in charge to be done from time to time, even though such works may not be shown in the drawings or described in the said specifications or schedule of quantities.

10. That the IBEF reserves the right of altering the drawings, the nature of work and of adding to or omitting any items of work or of having portions of the same carried out departmentally or otherwise and such alterations or variations shall be without prejudice to this Contract Agreement.

11. That all disputes arising out of or in any way connected with this Contract Agreement shall be resolved through the arbitration as mentioned in the RFP Documents 'and that the same shall be deemed to have arisen in New Delhi and the courts at New Delhi alone shall have the jurisdiction to determine the same.

12. That the said conditions and Appendix thereto shall be read and construed as forming part of this Contract Agreement. The Parties hereto undertake to remain bound and abide by the same and they shall perform their respective part of the Contract and of the said conditions accordingly.

The parties also place it on record and confirm that they have executed this Contract Agreement voluntarily, of their own free will and accord without any sort of undue influence, pressure or coercion of any kind or description whatsoever from any person or quarter whomsoever and that they have authenticated the same after going through the contents thereof and after fully understanding the meaning, interpretation and implications of the various terms and conditions agreed upon by the Parties.

IN FAITH AND TESTIMONY WHEREOF, THE PARTIES HERETO HAVE SET AND SUBSCRIBED THEIR RESPECTIVE HANDS UPTO THESE PRESENTS AT NEW DELHI ON THE DAY OF THE MONTH AND YEAR FIRST WRITTEN ABOVE :

WITNESSES :

1. Acting through and by the hands of Sh.___________________, theirAuthorized signatory.

IBEF

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2. M/s _____________________________

Acting through and by the hands of Sh. __________________, theirAuthorized signatory.

CONTRACTOR

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7.0 GENERAL CONDITIONS OF CONTRACT

7.1 LAWS GOVERNING THE CONTRACT:

7.1.1 a) This contract shall be governed by the Indian Laws in force for the time being.

b) The contract is confidential and must be strictly confined to the purposes of the contract. The original and duplicated copies of the contract Agreement shall be signed by the Employer and the Contractor of their accredited representative. The original shall be kept in the safe custody of the Employer and the duplicate copy shall be handed over the Contractor.

7.1.2 One certified true copy of the Contract shall remain in the custody of the Architect. The Contractor, on signing thereof, shall be furnished by the Employer, free of cost, with one certified true copy of the Contract Agreement and two copies of all drawings issued during the progress of the work. Any further copies of such drawings required by the contractor shall be paid for by him. The contractor shall keep one certified typed copy of the contract agreement and all drawings on the work site and the Employer/Architect or his representative shall at all reasonable time have access to the same.

7.2 SCOPE OF CONTRACT:

7.2.1 The contract shall complete the said work in every respect in accordance with this contract and with the directions and to the satisfaction of the Employer.

7.2.2 The contract shall include all labour, materials, tools & plants equipment and transport which may be required for the full and entire execution and completion of the works and shall unless otherwise stated, include wastage and materials, carriage and cartage, carrying or empties, hoisting, setting, fitting and fixing in position, testing and commissioning of aforesaid work in accordance with good Engineering practice and recognized principles.

7.2.3 The contractor shall provide everything necessary for the proper execution of the works according to the intent and meaning of the specification and drawings taken together whether the same may or may not be particularly shown or described herein provided that the same can reasonably be inferred therefrom and if the Contractor finds any discrepancy in the specifications and drawing and drawings or between the drawings and he shall immediately and in writing refer the same to the Architect and Employer who shall decide which is to be followed, subject to provisions of Clause 6.3 hereinafter.

7.3 DISCREPANCIES AND ADJUSTMENT OF ERRORS.

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7.3.1 The several documents forming the contract are to be taken as mutually explanatory of one another. In case of non-availability/discrepancy the following order of precedence shall be observed.a) Description in Bill of Quantitiesb) Drawing (Detailed drawings being following in preference to small scale drawings and figures dimensions in preference to scale drawings)c) General Conditions of Contractd) I.S. Codes

7.3.2 If there are varying or conflicting provisions made in any one of the aforesaid documents forming part of the contract, Employer shall be sole deciding authority with regard to intention and interpretation of the document and his decision in this respect shall be final and binding.

7.4 BAR CHART FOR EXECUTION

7.4.1 The Contractor shall submit within 5 Days of the acceptance of the RFP, a BAR Chart to Employer, which shall indicate the planning for the execution of the entire work under the contract within the stipulated time given for completion. This shall be scrutinized by the employer. The mutually agreed BAR CHART shall be binding on the contractor for progress of the work and for completion by the due date.

7.4.2 The contractor shall during the entire tenure of site work, provide accurate monthly review of progress by BAR CHART targets and completed works for discussions with the Architect and Employer.

7.5 EMERGENCY WORK:

Emergency works means, any urgent measurers which, in the opinion of the employer, become necessary during the progress of the works to obviate any risk of accident or failure or which become necessary for security, or rectifications to essential services during the defects liability period. If any Emergency works become necessary and the contractor is unable or unwilling at once to carry them out, the Architect shall advise and assist the Employer in getting these works carried out by any other agency at the Risk and cost of Contractor. All expenses incurred on these works shall be recoverable from the contractor in accordance with clause 6.32 stated hereinafter.

7.6 MANDATORY REQUIREMENT.

7.6.1 The contractor shall indemnify the Employer or any agent, servant or employee of the Employer against any action, claim or proceeding relating to the infringement or design rights or any all edged patent or design and shall defend all action arising from such claims and himself pay any royalties, license fees, damages, cost of all and every sort or other charges which may be payable in respect of any articles or material or part thereof legally incurred in respect thereof and included in the contract. In the event of any claim being made or action being brought against the Employer or any agent, servant or employee of the Employer in respect of any such matters aforesaid, the contractor shall be immediately notified thereof.

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Provided that such indemnity shall not apply when such infringement has taken place in complying with the specific directions issued by the Employer but the contractor shall pay any royalties or other charges payable in respect of any such use, the amount so paid being reimbursed to the contractor only if the use was the result of any drawing and/or specifications issued after submission of the RFP.

7.6.2 The contractor shall also be responsible for all injury to persons, animals, or things which may arise from the operation or neglect of himself or of any nominated subcontractors employees whether such injury or damage arises from carelessness, accident or any other cause whatsoever. In any way connected with carrying out of this contract. The contractor arising from indemnify employer and save him harmless in respect of all and any expense arising from any such injury and damage to persons, animals or things as aforesaid and also in respect of any claims made in respect of injury or also in respect of any Award of Compensation or damage consequent upon such claims.

7.6.3 The contractor shall be responsible for all structural and other damage to any property which may arise from the operation or negligence of himself or of any subcontractor’s employees or arising out of neglect, carelessness, defective or any other cause whatsoever in any way connected with the carrying out of the contract. This clause shall be deemed to include inter alias, any damage to buildings, whatever immediately adjacent or otherwise, and any damage to roads, streets, footpaths, bridges or ways as well as all damage caused to the building and works forming the subject of this contract by inclemency of weather. The contractor shall indemnify the Employer against all claims which may be made against the Employer by any member of the public or other third party in respect of any cost, charge/expense arising out of any claim or proceedings and also in respect of any award of compensation or damage arising there from and shall reinstate all damage or every sort mentioned in this clause so as to make good or otherwise satisfy all claims from damage to the property of third parties.

7.6.4 The Employer shall be at liberty or empowered to deduct the amount of any damage, compensation, costs, charges and expenses arising or accruing from or in respect of any such above said claim or damage from any sum or sums due or to become due to the contractor, for which the Employer will be the sole deciding authority.

7.7 ADMISSION TO SITE.

7.7.1 The Employer, Architect and their representatives shall at all reasonable times have free access to the works and/or workshop, factories, or other places where materials are lying or from which they are being obtained and the contractor shall give all necessary facilities to the Employer/Architect and/or his representative from inspection and examination and test of the materials and workmanship. No person unless authorized by the Employer/ Architect except the representative of public authorities shall be allowed on the works at any time.

7.7.2 The officials of the Employer connected with the contract shall have right of entry to the site at all times.

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7.7.3 The contractor will not be permitted to enter (other than for inspection purposes) or take possession of the work place until instructed to do so by the employer.

7.7.4 The contractor shall provide if necessary, or if required on the site all temporary access thereto and shall after, adopt and maintain the same as required from time to time and shall take up and clear away as and when no longer required and make all good.

7.7.5 Site is handed over to contractor only for execution of work, not for any other job and the possession of contractor is terminated at the completion of work or in case of foreclosure (payment of final bill notwithstanding).

7.8 TEMPORARY WORKSHOP/STORE ETC.

7.8.1 The contractor shall during the progress of the works, provide erect and maintain at his own expense temporary workshop and store as required to the efficient execution of the works.

7.8.2 On completion of works the whole of such temporary structures shall be cleared away and the work place reinstated and left clean and to the entire satisfaction of the Employer and at the Contractor’s expenses.

7.9 NUISANCE

The contractor will not at any time do, cause or permit any nuisance on the site or do anything which shall cause unnecessary disturbance or inconvenience to the IBEFs, tenants or occupiers of other properties near the site and to the public generally.

7.10 WORKING HOURS.

The contractor shall work only on and during the hours of working day unless he obtains the prior written approval of employer to do otherwise. If such approval is given, no liability in respect of any excess cost arising there from shall be incurred by the Employer. The contractor shall take all necessary permissions from STC/other authorities as required for this work as and when required.

7.11 LABOUR RULES FOR SAFETY AND LABOUR WELFARE.

7.11.1 FIRST AID POST.

a) The contractor shall provide and maintain in a readily accessible place FIRST AID appliances including adequate supply of sterilized dressings, gauge, cotton wool and requisite medicines. In case of a large work place the FIRST AID POST shall be run by a trained compounder. In case of accident, the contractor

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shall provide suitable transport to facilitate removal of urgent cases to Hospitals etc.

b) The contractors shall not employ worker below the age of 18 years.

7.11.2 SAFETY PRECAUTIONS.

Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary Bari gates and lights to protect public from accidents and shall be bound to bear expenses of defense of every suit, action or other proceedings at law that may be brought by any person 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 to compromise any claim by any such person.

7.11.3 OPEN GUARDED.

Every opening in floor of a building or in a working platform shall be provided with suitably means prevent fall of persons of materials by providing suitable fencing or railing with a minimum height of 1 meter including temporary/closure of opening at the floor.

7.11.4 SAFE WIRING/CABLING AT SITE.

The cable shall be hung property with insulation as per the scheme approved by Architect-in-Charge. The power shall be drawn through switchboards. No loose wires lying on floor or structure shall be allowed.

7.12 RIGHT ON INSPECTION.

The Employer and the Architect concerned with the contract shall be entitled, at any time, to inspect and examine any materials intended to be used in or on the works, either on the site or at the Factory or workshop or other place where such materials are assembled, fabricated or manufactured or at any place(s) where these are lying or from which these are being obtained and the contractor shall give such facilities as may be required for inspection and examination.

7.13 REJECTION OF MATERIAL

The Employer shall have full powers for rejection/removal of any or all the materials brought to site by the Contractor which are not brand new and in accordance with the contract specifications or does not confirm in character or quality to sample approved by the Employer. In case of default on the part of the contractor in removing rejected materials, Employer shall be at liberty to have them removed by other means at the contractor’s expense and risk. The

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Employer shall have full powers to permit or to approve other materials to be substituted for rejected materials.

7.14 CARE AND CUSTODY.

7.14.1 Materials required for the works whether brought by the contractor or supplied by the Employer shall be stored by the Contractor only at place approved by the Employer. Security of place, storage and safe custody of materials shall be at the risk and the responsibility of the contractor. The contractor shall be liable for any loss or damage to such materials due to the neglect, theft or fire and shall make good at his cost and expense.

7.15 SURPLUS MATERIAL.

Whenever the works are finally completed and advance if any in respect of any such materials is fully recovered, the contractor shall at his own expense forthwith remove from the site all surplus materials arranged by him.

7.16 PLANT, EQUIPMENTS AND TRANSPORT :

7.16.1 The contractor shall at his own cost and expenses arrange all tools plants, equipment and transport required for the execution of the work.

7.17 CONTRACTOR’S SUPERVISION :

7.17.1 The contractor shall give all necessary personal superintendence during the execution of the works, and as long thereafter as the Employer may consider necessary until the expiry of the “Defect Liability Period”.

7.17.2 Where the contractor is not a qualified engineer or even if he is so qualified, he cannot, in the opinion of the Employer give his full personal attention to works, he shall, at his own expense employ any experienced engineering graduate as his accredited agent to supervise the works and to receive instruction from the Employer. The employment of engineer as aforesaid shall be to the approval of the Employer who may verify his qualification and experience by referring original degree/diploma which shall be made available by the contractor or the individual or proposed to be employed.

7.17.3 Orders given to the contractor or his accredited agent who will be nominated by the contractor before commencement of work shall be considered to have the same force as, if they had given to the contractor himself.

7.17.4 The contractor or his representative/supervisor shall be in attendance at the site during all working hours and shall supervise the execution of the works with such additional in each trade as the employer may consider necessary.

7.17.5 The contractor or his accredited agent shall attend, when required and without making any charge for doing so, either at works site or at the office to receive instructions from the Architect or Employer.

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7.18 DISMISSAL OF CONTRACTOR’S EMPLOYEE.Employer shall have full power and without giving any reason to direct the

contractor to immediately cease to employ in connection with this contract any agent, servant of Contractor whose continued employment in his opinion is undesirable. The contractor shall not be allowed any compensation on this account.

7.19 SETTING OUT OF WORKS.The contractor shall set out the works and shall provide and fix all setting out

apparatus required and solely be responsible for the true and perfect setting out the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof. The contractor shall take in writing the approval of the Employer for setting out the levels before starting the work.

7.20 ARCHITECT’S INSTRUCTIONS.The contractor shall carry out and complete the said work in every respect in

accordance with the contract conditions and with the directions of and to the satisfaction of the Architect and Employer. The Architect may from time to time issue further detailed drawings and/or written detailed directions/instructions and explanation within the meaning of contract agreement which are here under collectively referred to as “ARCHITECT’S INSTRUCTIONS” in regard to

a) The variation or modification of the design, quality or quantity of works or the addition or omission or substitution or any work, with the prior approval of the Employer.

b) The removal and/or re-execution of any works executed by the Contractor.

c) The amending and making good of any defect.

7.21 VARIATIONS/ADDITIONAL/ALTERED/SUBSTITUTED ITEMS.

No alteration, omission or variation shall vitiate this contract. In case the Employer thinks proper, at any time during the progress of the works, to make any alterations in or omission from the works or any alteration in the kind or quality of the materials to be issued therein. The Employer, shall inform thereof in writing under his hand to the contractor, the contractor shall alter, add to or omit from, as the case may require, in accordance with such notice. The quantity of any item can vary to any extent (±) and nothing extra shall be payable on this amount over and above applied item rates.

7.22 DEFECTIVE WORK.

7.22.1 The employer shall, during the progress of the works, have power to order in writing from time to time the removal and proper re-execution of any work executed with materials or workmanship not in accordance with the drawings and specifications or instructions, and contractor shall forthwith carry out such order at his own cost. In case of defaults on the part of the contractor to carry out such order, the Employer shall have the power to employ and pay other persons to carry out the same and all expense consequent thereon or incidental thereof as

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certified by the Employer shall be born by the Contractor or may be deducted by the Employer from any money due or that may become due or that may become due to the contractor against this contract or any other contract with the Employer.

7.22.2 The contractor is responsible and shall ensure that there is no leakage or seepage in roofs, ceilings, walls, or floors or in the water supply, electrical or sewage system. Contractor shall do the complete stage of work to the satisfaction of Employer. If these defects are not rectified in 7 days, then the Employer shall be at liberty to recover an amount equivalent to the cost of redoing the complete stage of work and recovery be affected from any money or that may become due to the contractor against this contract or any other contract with Employer or from his retention money with the Employer.

7.23 ORDERS UNDER THE CONTRACT.

7.23.1 All directions notice etc. to be given under the contract shall be in writing, type script or printed and mailed/sent by registered post to the last known place of abode or business of the contractor shall be deemed to have been served on date when in the ordinary course of post it would have been delivered to him. However for speedy pace of work it will be better that directions are given to contractor in person as for as for possible. A site order book for proper instructions time to time given by the Architect/Employer or their Representative shall be made available at site. Any instruction given should form part of the contract.

7.23.2 If the contractor after receipt of written notice from the Architect-in-Charge requiring compliance, fails to comply within seven days with such further drawings and/or instructions, the employer may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect thereto, and all costs incurred in connection therewith shall be recoverable from the contractor by the Employer as a debt or may be deducted by him from any money due to/become due to the contractor.

7.24 MEASUREMENTS.

7.24.1 The measurements of the work will be taken by the contractor/or his representative. Measurements shall be entered in the measurement books and the bill will be submitted to the IBEF/Architect for verification and payment.

7.24.2 All measurements shall be taken in accordance with the standard methods of measurement as per IS codes.

7.24.3 If any alterations or additions have done up by the Contractor without having given notice of his intention to do so, the Architect-in-Charge shall be entitled to appraise the value thereof and in the event of any dispute the decision of the Employer thereon shall be final and binding.

7.24.4 The measurements and valuation in respect of the contract shall be completed within a week of the completion of the contracted work.

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7.25 CERTIFICATE OF COMPLETION

7.25.1 Immediately after completion of a part of a work or the whole work for which a separate period of completion has been mentioned in the contract, the contractor shall give notice thereof to the Employer. The work shall be completed to the entire satisfaction of the Employer. If satisfied the Employer shall issue certificate of completion for the particular phase of work or the contract as a whole as the case may be.

7.25.2 The works shall not be considered as completed unless the Employer has certified in writing that the work has been accepted, and then defects liability period as mentioned in clause 7.26 shall commence from the date certified by the Employer as date of completion.

7.26 DEFECTS LIABILITY PERIOD.

7.26.1 a) Defects liability period shall be 2 calendar months after completion of the works as certified under clause 7.25. Any defects in material or workmanship observed in the entire work during execution of work or within defect liability period shall be notified in writing by the Employer to the Contractor and shall be rectified by him at his own cost within time as specified by Employer.

b) To facilitate prompt attention to the defects the contractor shall employ a team of tradesmen like Masons, plasters, carpenters, plumbers, electricians and labourers covering all trades along with necessary materials and spares. A supervisor will also be available along with the maintenance team to take instructions from Employer. The maintenance team will be available throughout the defects liability period. The composition of the tradesmen will vary according to the nature of recurring defects noticed in the building.

c) In case of default the employer may employ any other person to rectify or make good such defects. All expenses consequent thereon or incidental thereto shall be borne by the Contractor and shall be recoverable from R/A bills by the Employer.

7.26.2 Should any defective works have been done or material supplied by any sub-contractor employed, the contractor shall be liable to make good in the same manner as if such work or material has been done or supplied by the contractor. The contractor shall remain liable under the provisions of this clause notwithstanding the signing by the Architect of any certificate or passing any account.

7.26.3 The employer shall also certify at the end of the defects liability period regarding the state of rectification pointed out during defect liability period.

7.27 SCHEDULE OF PAYMENTS7.27.1 PROCEDURE FOR MEASUREMENT/BILLING OF WORK IN PROGRESS

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a) The Contractor will submit a detailed bar chart for undertaking the project within the prescribed timelines and the same will be reviewed by IBEF in consultation with the Architect for any adaptations/changes before final approval. Based on the same, a schedule of payments will be laid out by IBEF after mutual discussions with the Architect and the Contractor. The decision of IBEF in deciding both the execution schedule and schedule of payments will be final and binding on the Contractor.b) As and when the payment is due based on the approved schedule of payments, all the Work in progress will be jointly measured by the Employer, and Contractor's authorized agent progressively. Measurements will be recorded by the Employer and signed by Contractor or its authorized representative in the measurement book to be provided by the Contractor. For the purpose of taking joint measurements Contractor's representative shall be bound to be present whenever required by the Employer. If, however, he is absent for any reason whatsoever the measurements will be taken by the Employer or his representative and this will be deemed to be correct and binding on Contractor. In case of disputes as to the mode of measurement of any work the Employer’s directions shall be followed.c) The Contractor will submit a Bill in approved proforma in quadruplicate to the Employer giving abstract and detailed measurements for the various items executed during the period for which payment is due. The Employer shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, as far as admissible, adjusted, if possible, before the presentation of the bill.d) The payment of running bills shall be made by the IBEF within 7 days from receipt of the architect's certificate for payment.e) Retention Money and Mobilization Advance (if applicable) shall be applied to interim billing as mentioned elsewhere in the general conditions of contract.f) Any running/interim Certificate of Payment given by the Architect relating to the work done or the materials delivered shall be adhoc in nature and may be modified or corrected by any subsequent interim Certificate or in the Final Certificate of payment.

g) SECURITY DEPOSIT: Contractor will submit Performance Guarantee DD of Rs 500,000/- against said work order. The same will be refundable to contractor after two months of completion of works. The same shall be payable at New Delhi in name of India Brand Equity Foundation.

h) FINAL BILL

i) The final bill complete in all respects including material reconciliation statement, test certificates, (wherever applicable) etc. shall be submitted by Contractor within 10 Days of issue of Certificate of Completion. No further claims shall be made by Contractor after submission of the final bill. Claims put up by contractor after final bill shall be deemed to have been waived and extinguished and hence shall not be considered.

ii) Payment to Sub Contractor/Vendor At the time of final payment, the contractor shall submit an indemnity bond on Rs. 50/- Stamp paper as under:

“We undertake that payment against subject work order have been made in full to all sub-contractors, vendors. In case any claim is lodged by our sub-contractor, vendor, we shall bear the same and cost thereof and shall not hold “IBEF or its architect” responsible in any case”

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iii) ESCALATION

All rates quoted by contractor shall be firm. No price variation shall be payable on account of any fluctuation in open market price of labour and material or due to any legislation of Centre/State Govt. or local authority.

7.28 RECOVERY FROM CONTRACTOR.

a) Whenever any claim for payment of a sum of money arises (s) out under this contract against the contractor, the contractor shall on demand make the payment of the same or agree for affecting adjustment from any amounts due to him by the employer. If however, he refuses or neglects to make the payments on demand or does not agree for affecting adjustment from any amount due to him, Employer shall be entitled to withhold an amount not exceeding the amount of claim(s), from any sum then due or which at any time thereafter may become due to the contractor under this or any other sum due to the contractor from the Employer (which may be available with the client) or from the contractors retention money amount and retain the same by way of lien till such time, payment is made by the contractor or till the claim(s) is/are settled or adjudicated upon.

b) It is an agreed condition of this contract that the sum of money(s) withheld or retained as and by way of lien under his condition by the Employer, will be kept, withheld or retained as such the Employer, till the claims arising out of or under/this contract is settled or adjudicated upon and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such sum so withheld.

c) Any amount due to the contractor under this contract may be withheld by way of lien against any amount claimed which may at any time hereafter he claimed by the Employer from the contractor on any account whatsoever, un this or any other contract between them and retained till the claim(s) is/are settled or adjudicated upon.

7.29. FORECLOSING OF WORK

7.29.1 If at any time after the acceptance of the RFP the employer shall for any reason whatsoever not require the whole or any part of the works, to be carried out the Employer shall give notice in writing of the fact to the contractor, who shall have no claim to any payment of compensation or otherwise, whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of the foreclosing of whole or part of the works.

7.29.2 He shall be paid at contract rates for the full amount of the executed works including such additional work e.g. Clearing of site etc. as may be rendered necessary by the said foreclosing he shall be allowed a reasonable payment (as decided by the Employer for any expenses sustained on account of labour and materials collected but which could not be utilized on the works).

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7.30 DISPUTES.a. All disputes of difference whatsoever which shall at any time arise between

parties hereto in relation to or connected with this contract (other than those in respect of which the decision of IBEF is by this contract expressed to be final and binding) shall after written notice by either party to the contract to the other of them and to the appointing authority here-in-before mentioned be refereed for adjudication to sole arbitrator to be appointed as herein after provided.

b. For the purpose of appointing the sole arbitrator referred to above, the appointing authority will send within 30 days of receipt of the notice, to the contractor a panel of three persons who all shall be presently unconnected with the organization for which the work is executed.

c. The contractor shall on receipt of the names as aforesaid select any one of the persons named to be appointed as a sole arbitrator and communicate his name to the appointment authority within thirty days of receipt of names. The appointing authority shall there upon without any delay appoint the said person as the same arbitrator. If the contractor fails to communicate such selection as provided for above within the period specified, the appointing authority shall make the selection and appoint the selected person as the sole arbitrator.

d. If the appointing authority fails to send to the contractor the panel of three names as aforesaid within the period specified, the contractor shall send to the appointing authority a panel of three names of persons who shall all be unconnected with either party. The appointing authority shall on receipt of the names as aforesaid select any one of the persons named and appoint him as the sole arbitrator. If the appointing authority fails to select the person and appoint him as the sole arbitrator within 30 days of receipt of the panel and inform the contractor accordingly, the contractor shall be entitled to appoint one of the persons from the panel as the sole arbitrator and communicate his name to the appointing authority.

e. If the arbitrator so appointed is unable or unwilling to act or resign his appointment or vacates his office due to any reason whatsoever, another sole arbitrator shall be appointed as aforesaid.

The work under the contract shall, however continue during the arbitration proceedings and no payment due or payable to the contractor shall be withheld on account of such proceedings.

The arbitrator shall be deemed to have entered on the reference on the date he issued notice to both the parties fixing the date of the first hearing. The arbitrator may, from time to time, with the consent of the parties, enlarge the time for making and publishing the award. The venue of arbitration shall be in New Delhi.

f. The fees, if any, of the arbitrator shall, if required to be paid before the award is made published, be paid half and half by each of the parties. The cost of the reference and of the award including the fees, if any, of the arbitrator shall be

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in the discretion of the arbitrator who may direct to and by whom and in what manner, such costs or any part there of shall be paid and may fix or settle the amount of costs to be so paid. The award of the arbitrator shall be final and binding on both the parties.

g. The provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under, and for the time being in force shall apply to the arbitration proceeding under this clause.

This contract shall be subject to the jurisdiction of the court of New Delhi.

7.31 POWERS TO EMPLOYER’S REPRESENTATIVE.7.31.1 IBEF/IBEF’s representative shall have general supervision and direction of work.

He has authority to stop work, whenever such stoppage may become necessary to ensure the proper execution of work under this contract. He shall also have authority to inspect and reject any work and materials which do not conform to the specifications as prescribed in contract document. No claim whatsoever will be entertained by IBEF on this account.

7.31.2 The above inspection shall however not relieve contractor or his responsibilities in regard to defective materials or workmanship and the necessary for rectifying or replacing the same.

7.32 COMPENSATION FOR DELAY, BAD WORKS ETC. Liquidated Damages for delay:

7.32.1 The time and date stipulated in the Contract for the completion of the work or any part or stage thereof shall be deemed to be the essence of the contract. The work shall, throughout the stipulated period of contract, be carried out with all diligence. 7.32.2 In case of any eventuality, the contractor may request IBEF to extend the contract period by explaining the reason(s) for delay. IBEF shall consider and decide on extension. The decision of IBEF shall be final.

7.32.3 If the contractor fails to complete the work within the time prescribed or within the extended period under the contract, he shall pay to the IBEF on demand without prejudice to other rights and remedies the IBEF may have against the contractor, 0.5% of contract value as liquidated damages for such default, and not as a penalty, for every week or part thereof for which the works remain unfinished, after the stipulated date of completion. The above mentioned liquidated damages shall also be payable by the contractor for delayed period of completion for any segment of work prescribed in the contract. The IBEF may, without prejudice to any other method of recovery, deduct the amount of such damages from any money due or which become on account of the damages, but this act shall not relieve the Contractor from any obligations and liabilities under the Contract.

8.0 COMMERCIAL TERMS

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CONTRACT PRICE

8.1 Contract Price shall be the sum of : Rs. Rebate (if given) : Rs. (-)

----------------Total : Rs.

----------------

(NOT TO BE FILLED UP AT BIDDING STAGE)

8.1.1 Contract Price is inclusive of, but not limited to the cost of the following: 8.1.2 Transportation, other duties and taxes, clearing and forwarding,

loading/unloading/stacking/storage up to and at site of all materials required for work.

8.2 WATER & ELECTRICITY

8.2.1 Water and electricity for execution purpose, will be given free of cost by the IBEF at one point within the work place/site.

8.2.2 The contractor, however, shall be responsible for all connection, pumps, pipes and all other things necessary to distribute and use services from these distribution points.

8.2.3 The Contractor shall also be responsible for all distribution points as may be required for the electrical work.

8.3.0 TAXES AND DUTIES

8.3.1 The rates specified in Schedule of Items shall be exclusive of VAT/work contract tax and labour cess or any fresh imposition of any of these by State/Central/Statutory Authorities. The service tax shall also be paid by IBEF as applicable under this contract.

8.3.2 Rates quoted, however, shall include ESI, PF contribution, payment of royalty and any other statutory levies for obtaining sand aggregate, stones etc. Nothing extra shall be paid to contractor on this amount if any revision occurs during the period of contract.

8.3.3 Tax Deducted at Source (TDS) at the prevailing rate on the gross amount billed as may be permitted/required under Income Tax Act, of 1961 as amended from time to time shall be deducted from the bills payable to Contractor.

8.4 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORKS TO BE CARRIED OUT.

If at any time after commencement of work, IBEF shall for any reason whatsoever, not require the whole work thereof as specified to be carried out, IBEF shall give notice in writing of that fact to contractor who shall have no

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claim of any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full but which he did not derive in consequence of the full amount of work not having been carried out. Contractor shall not have any claim for compensation by reasons of any alterations having been made to original specifications, drawing and instructions which shall invoice any curtailment of work as originally contemplated.

8.5.0 QUOTED RATES.

The rates shall be deemed to allow for all minor extra and executional details which are not specifically shown in the drawings or given in the specifications but are essential in the opinion of IBEF for execution of work to conform to latest I.S. Codes and to good workmanship and sound engineering practice. IBEF reserves the right to make any minor changes during execution of work without any extra payment.

8.5.1 IBEF’s decision to classify any item under ‘Minor Changes’ ‘Minor Extras’ and ‘Executional details’ shall be final conclusive and binding on Contractor.

8.6.0 EXTRA ITEMS :

If the altered/additional or substituted work or any additional work required to be executed as per IBEF’s requirement for which there are no established rates in Schedule of items, the same shall be payable as per the provisions stated hereunder.

As far as possible, rates for such items shall be worked out from agreed schedule of items on pro-rata basis.

8.6.1 If it is not possible to work out such rates, Contractor shall be paid on the basis of reasonable labour cost plus actual value of materials and taxes as applicable excluding cost of materials being supplied by the IBEF, plus 20% (twenty per cent) of the aggregate labour and material costs worked out as above to cover contractor’s profit, supervision, overheads/establishment plant, machinery etc. Architect’s decision regarding reasonable labour cost and reasonable material cost shall be final and binding on Contractor.

9.0 SUPPLY OF MATERIAL BY THE IBEF

IBEF will not supply any kind of materials to the contractor at any stage during the period of execution.

10.0 EFFECTIVE DATE OF CONTRACT.

Effective date of contract shall be the date of the Letter of intent.

10.1 DATE OF COMPLETION. 75 Days

10.2 EXTENSION OF TIME.

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The time allowed for execution of this work shall be the prime consideration of contract. If contractor delays in commencing or in execution of work as aforesaid, IBEF without prejudice to any other right or remedy, shall be at liberty to forfeit the Earnest Money. If work is delayed apart due to Force Majeure conditions or by any other condition which in the absolute discretion of IBEF is beyond the control of contractor then upon happening of any such involving day, Contractor shall immediately give notice thereof in writing to IBEF, but shall nevertheless use constantly his best endeavors to prevent or make a good the delay and shall do all that may be reasonably required to the satisfaction of IBEF to proceed with work, Request for extension of time to be eligible for consideration shall be made by Contractor in writing within 14 (fourteen) days of the happening of the even causing delay. Contractor may also, if applicable indicate in such a request the period for which extension is desired. IBEF may give a fair and reasonable extension of time for completion of work.

Note:- No escalation on contract priceIrates shall be allowed during the extension period.

10.3 SCHEDULE OF CONTRACT EXECUTION.

This schedule shall be required to be split up in fortnightly/weekly schedule for smooth implementation, monitoring of execution of work, the same shall be done by the Contractor and got approved from Architect/IBEF and ensure physical progress in accordance with such schedules.

11.0 PRINCIPAL TO PRINCIPAL BASIS

Notwithstanding anything contained herein or any of the documents referred to thereof, it is expressly agreed and understood that the transactions between IBEF and contractor shall always be on a principal-to-principal basis and that neither party shall be deemed to be the agent of the other and that this contract shall always be construed accordingly.

11.1 ASSIGNMENT/SUB LETTING

a) Contractor shall not assign or sublet any part of work without written consent of IBEF.

b) This is just an indicative contract format. The terms and conditions may be modified as per the discretion of IBEF.

11.2 CORRESPONDENCE

All correspondence in respect of this contract from contractor shall unless otherwise notified by IBEF be in duplicate and addressed to

Ms. Parul SinghAssociate Director-Branding and CommunicationIBEF Office, Apparel House, 5th Floor,

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#519-22, Sector- 44 Gurgaon – 122003, Haryana INDIA Parul.singh@ibef.org

All correspondence in respect of this contract from IBEF shall be addressed to Contractor as per the following address.

………………………………..……………………………….……………………………….……………………………….

12.0 PREAMBLE TO SCHEDULE OF QUANTITIES

GENERAL: Following are the general conditions applicable to the bill of quantities in addition to the specific trade conditions set herein.

a). All items enumerated in the schedule of quantities shall be executed in accordance with the latest IS specifications and amendments made thereafter. Nomenclature of the items stated hereafter shall be treated complementary to the specifications.

b). The items not covered in point (a) stated above shall be carried out as per relevant

Indian Standards Specifications or Code of Practices as applicable.

c). The items not covered by any one of the above mentioned points should be executed as per accepted norms and sound engineering practices as direct by the architect. The decision of the Architect shall be final and binding on the contractor.

d). Nothing extra cost shall be given unless otherwise specified in the item.

e). Unless otherwise mentioned in the description of the item, this schedule shall be applicable for work at all heights, floors, levels and conditions.

f). Unless otherwise stated, method of measurements as described in the latest specifications of IS shall be followed. Payment shall only be made for the finished item of work actually required at site. Any work executed beyond requirement shall not be measured for payment. No extra claim shall be entertained on such accounts. In case of any dispute IBEF’s decision shall be final, binding and conclusive.

g). Nothing extra shall be payable to contractor on account of wastage of materials unless specified otherwise.

h). Defective work item shall be immediately removed by the contractor without any delay and no compensation or extra cost shall be admissible to the contractor for rectifying the same.

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i). Samples of various materials shall be submitted to the IBEF/Architect before using them into work and nothing extra shall be paid on this amount. These samples should be truly representing the quality being used in works. Samples duly approved and signed by the IBEF should be kept at site till handling over of the works. These samples are to be returned to the IBEF upon final handing over.

j). The contractor’s rates shall cover for all constituents and materials, tools and plants, scaffolding, ancillary work necessary to finish the work to the satisfaction of the architect. All the material and workmanship used in the execution of the work shall be of the best of first quality and description. All materials of procedure of specification for the work shall confirm to current Indian Standards whether or nonspecific mention is made thereof. In case of non-availability of any standards good engineering practice shall be adopted.

k). The site of work shall be handed over clean, by disposing off any rubbish etc, which is generated during working.

l). The RFP drawings are for giving the general concept of project. The work shall be executed as per actual ‘Good for Construction’ drawings, which may be different with RFP drawings. Nothing extra shall be paid for this.

13.0 LIST OF DRAWINGS

1 …………………………………………………………..

2 …………………………………………………………..

3 …………………………………………………………..

4 …………………………………………………………..

5 …………………………………………………………..

6 …………………………………………………………..

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