page 1 of 22 tender no.05/bridges/2015scr.indianrailways.gov.in/scr/award/1490444188119_la for t.no....

of 22 Tender No.05/Bridges/2015

DEN/Bridges/BZA Signature of Tenderer(s) BZA Divn., SCR, T.No.05/Bridges2015 invited vide Open Tender No.DRM/Works/BZA/13/2015 dt.07.08.2015, date

of opening on 15.09.2015 for the work of “Vijayawada Division - Hiring of Four wheeler (Non A/C ) Road vehicle

like Tata Sumo/Qualis/Bolero or equivalent type for Railway officials to use for inspection of works on Vijayawada

Division for DEN/Bridges.”

Registered Post-Ack.-Due”

भारत सरकार / Govt. of India

रेऱ मंत्राऱय / Ministry of Railways

दक्षिण मध्य रेऱवे / South Central Railway

ववजयवाडा मंडऱ / Vijayawada Division

मंडऱ कायााऱय/Divisional Office,

काया शाखा/Works Branch,

ववजयवाडा/Vijayawada,

सं.No.बीB/डबल्यू W.496/I/4/T.No.05/Bridges/15/T.Bridges ददनाँक/Dt.19.10.2015

To

Smt. N. Subhashini,

Railway Contractor,

Flat No. 2B, Gayathri Residency,

Railway Road, GUNTUPALLI-521241

Madam,

ववषय/Sub:-Tender No.05/Bridgs/2015 for the Work of “Vijayawada Division-

Hiring Four wheeler (Non A/C ) MUV like Tata Sumo/ Quallis/

Bolero or equivalent type for inspection of DEN/BR/BZA,

ADEN/BR/North/BZA, ADEN/BR/South/BZA for 24 months

संदबा/Ref:- Your tender for the above work submitted on 15-09-2015 and

negotiations conducted on 15-10-2015.

***

1. The competent authority has accepted your Tender for the above work for a total

value of Rs.9,67,680/- (Rupees Nine lakhs and sixty seven thousand six hundred and

eighty only) at the following negotiated rate.

Rate: Schedule= at (+) 12% (Plus Twelve percent only) on the basic rate.

2. The work should be completed within 24 (Twenty Four) Months from the date of

issue of letter of acceptance of tender with a maintenance period of Nil Months.

3. The sum of Rs.17,280/- submitted vide DD No.078242 dt.14-09-2015 issued by State

Bank of Hyderabad, Vijayawada towards E.M.D ( realized vide Sr.DC/Pay/BZA

MCR No. 294202 dt. 28-09-2015) has been adjusted as part amount of the security

deposit. The balance security deposit of Rs.31,104/- shall be recovered at the rate of

10% of the bill amount till the full security deposit of Rs.48,384/- is recovered.

4. In terms of Special conditions of contract, you shall furnish a Performance Guarantee

amounting to 5% of the contract value i.e., Rs.48,384/- before signing of the

agreement. The performance guarantee should be initially valid up to the stipulated

date of completion plus 60 days beyond that. In terms of Special conditions of

contract, you shall submit the Performance Guarantee (PG) within 30 (thirty) days

from the date of issue of Letter of Acceptance (LOA) [excluding the date of LOA].

Extension of time for submission of PG beyond 30(thirty) days and up to 60 days

from the date of issue of LOA [excluding the date of LOA] may be given by the

Authority who is competent to sign the contract agreement. However, a penal interest

of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from






31st day after the date of issue of LOA. The agreement should be signed within fifteen

days after the issue this letter and performance guarantee should also be submitted

within this time of limit before signing the agreement. In case of failure to submit the

requisite PG even after 60 days from the date of issue of LOA, the contract shall be

terminated duly forfeiting EMD and other dues, if any payable against the contract.

The failed contractor shall be debarred from participating in re-tender for that work.

5. Until a formal agreement is executed, acceptance of the Tender shall constitute a

binding contract between you and the administration.

6. You have to abide by the Contract Labour (Regulations and Abolition Act 1970) and

rules, regulations and amendments thereto that may be followed from time to time are

binding on you in respect of this contract. You have to submit the application in the

prescribed form (Form-V) in triplicate for license under Contract labour

(Regulation and Abolition) Act for 20 or more workers and under BOCW Act

for less than 20 Workers together with the demand draft towards security deposit

and license fee to the undersigned to forward the same to the concerned Licensing

Officer for issue of the license irrespective of the number of labour employed for the

work. The work should not be executed without a valid labour license.

7. Failure to start the work within ten days, the contractor is liable for penal action as

per clause 62 of the General conditions of contract.

Encl:1) Tender schedule with special conditions &

2) Copy of Performance Guarantee

आपका / Yours faithfully,

Divisional Engineer/Bridges

द.म.रेऱवे/S.C.Railway, ववजयवाडा/Vijayawada

Copy to: Sr.DFM/BZA for information.

Copy to: ADEN/BR/N/BZA, ADEN/BR/S/BZA, SSE/W/BR/BZA for information and

preparation of necessary bills.

Copy to: SSE(Drg)/Bridges & OS/WA-Bridges for information.

Copy to: Asst Labour Commissioner (Ceneral), 5th

floor, Central Govt Office Complex,

Plot No.G-2, Industrial Estate, Auto Nagar, Vijayawada-520007 for

information.

(TC : ADEN/Track/BZA & ADFM/II/BZA – AA:DEN/Bridges/BZA)






Tender No.05/Bridges/2015

Name of Work : Vijayawada Division - Hiring of Four wheeler (Non A/C )

MUV like Tata Sumo/Quallis/Bolero or equivalent type for

inspection of DEN/BR/BZA, ADEN/BR/North/BZA,

ADEN/BR/South/BZA for 24 months

Similar nature of work :- NOT APPLICABLE

Appx. Value : Rs. 9,67,680/-

Estimate Sanctioned No. & date Allocation Value in Rs.

B/W.287/I/826/Plg, dt:10-09-2014 26-3046-03 1,80,000/-

B/W.287/I/825/Plg, dt: 10-09-2014 26-3046-03 1,80,000/-

B/W.71/I/1531/Plg, dt24-07-2015 21-3251-03 1,80,000

B/W.71/I/1500/Plg, dt: 02-09-2014 04-310-32 3,24,000/-

Completion Period (24) Twenty four months

Maintenance Period NIL months

Name of the

Tenderer/Contractor:- Smt. N. Subhashini, Railway Contractor, Flat No. 2B

Gayathri Residency, Railway road, GUNTUPALLI

S.No Descripton of work Approx.

Qty

Rate in

Rs.

Unit Amount in

Rs.

Hiring of One four wheeler (Non

A/C) road vehicle like Tata

Sumo/Qualis/Bolero or its

equivalent with Vehicle

Registration not older than FOUR

YEARS on the date of tender

opening having carrying capacity

5+1 and in good working

condition for the use of

DEN/Bridges/BZA or for their

Officers under their control for 24

months with contrator's road

vehicle, driver with Licence, Fuel,

Consumables including regular

maintenance, all Taxes, Toll Gate

Fee etc., complete as directed by

the Officer - in - charge.

24 36000 Per

vehicle

per

month

864000

a) Rate per month - on the basis of

12 hours and 80km per day and it

should not exceed 2500 km per

month. (Day/night)

Schedule Total 864000

Percentage rate quoted

in Figures (+) 12%

Percentage rate quoted

in Words Plus Twelve Percent only






SPECIAL CONDITIONS OF TENDER

1. The tenderers are required to quote a uniform percentage rate above/below/at par

on the items of the schedule both in figures and words. If there is any variation in

between the percentage rate quoted in words and figures, the percentage rate

quoted in words will be taken as correct and final.

2. The requirement is for 'TATA Sumo/Qualis/Bolero or its equivalent – 1No with

Driver on Hire basis for the use of Railway Officers under the control of

DEN/Bridges/BZA for one year (24 months). However, purely at the discretion of

the Railway Administration the requirement will be extended for a further period

of one year.

3 The vehicles should have been registered not older than FOUR years from date of

tender opening.

4. The tenderer have to quote uniform rates in the enclosed tender schedule. The

vehicle should not be remodeled or tendered vehicles after repairs. The vehicle

should be in good running condition and be comfortable for travel.

5. The vehicle should not have met with any serious accident or extensive

modifications. The tenderer shall supply the same vehicle and driver but for

exceptional ceases of short period. The registration and other particulars of the

vehicle should be sent along with the tender quotation.

6. The vehicles should be well maintained and free from paint patches, bad

performance, rusty body and ugly look.

7. The interior of the vehicle should be cleanly and decently maintained and provided

with proper seat covers. The vehicles should be produced for a trial run of about 10

Kms.

8. The vehicles should be cleaned everyday. The driver should be provided with a

standard dress and possess a valid driving license in his vehicle always.

9. The 'C' books should always be available in the vehicle.

10. The driver should be healthy, free from contagious diseases and not more than 50

years old.

11. The vehicle should be provided with a sign board "ON HIRE TO DEPARTMENT

OF RAILWAY" in proper place in front as well as rear side.

12 .No other person except the driver and Railway Officials on duty should be allowed

in the vehicle.

13 The vehicles should normally be capable of carrying 5+1 Passengers and light

load.






14. The vehicle should be in good condition and all repairs are to be borne by the

suppliers at their own cost.

15. The driver should be provided with all tools, accessories and spares and capable to

attend minor repairs and break downs in case of emergency. He should be

provided with minimum or Rs.1000/- as cash imprest also to meet the cost

expenditure on such occasions.

16. In case of any break down for more than one hour in a day, that day will be treated

as absent and no payment will be made for that day in addition to recovery of

Rs.100/- per day. If such break down / absents occurred for 03 (three) occasions a

month, the Railway Administration reserves the right to cancel their vehicle hiring

contract without giving any notice. The decision of the Railways is final in this

regard.

17 The driver should always be present with the vehicle so that there will be no

difficultly to get him whenever he is required for driving the vehicle.

18. The driver should normally be able to read and write in Telugu and English. He

should have good and pleasing manners and behavior. He should not smoke while

driving and should not be under intoxication while on duty. The driver should make

his own arrangements for breakfast, tea, and lunch etc while on duty.

19. The vehicles will be utilized as required by the Railway administration within the

state i.e. Andhra Pradesh. The timings will be adjusted as per the

requirement/necessity.

20. The driver shall maintain log books of his own cost showing the Kms run at the

beginning and at the end of the journey everyday and obtain the signature of the

officer using the vehicle immediately without fail.

21 .The running cost of the vehicle should be borne by the tenderer himself.

22. Wages of driver, repair charges, maintenance charges, breakdown charges, license

taxes, cost of fuel etc., are to be borne by the tenderer only.

23. The vehicle should be insured, comprehensively and renewed by the tenderer /

contractor.

24. The payment will be made by the Railway once in a month on production of bills

duly certified by the officer-in-charge. The payment will be made by crossed

cheque duly deducting Income tax and conservancy charges etc. minimum time

required by Railways for processing of bill is 10 days.

25. The department reserves the right to renew the agreement on the same terms and

conditions for a further period/periods by specific letters. The tenderer will not have

a similar right to insist on renewals.






26. The department does not take any responsibility of the vehicle if involved in any

accident while on duty on hire basis.

27. The Railway Administration reserves the right to cancel the contract at any time

with one month prior notice without assigning any reason.

28 .Copies of the following documents should be submitted along with the tender,

without which the tender is liable to be rejected.

(a) REGISTRATION CERTIFICATE OF THE VEHICLE

(b) INSURANCE CERTIFICATE (COMPREHENSIVE INSURANCE)

(c) OWNERSHIP PROOF

(d) DRIVERS LICENSE

(e) POLLUTION CONTROL CERTIFICATE

29 .The tenderer will be responsible for any omission and commissions with

reference to RTA Insurance and violation of traffic rules.

30. No beta charges and no salary will be given by the Railway Administration.

31. The vehicle will fly any where in Andhra Pradesh but normally based at

Vijayawada.

32. No extra money will be paid for outstation working or night working.

33. As the period of contract is only 24 months, any hike in prices of diesel (fuel) or

whatsoever may be borne by the contractor only and no extra payment will be

made.

34. If the vehicle is not made available as required by Railways on time or any part

thereof or more than four occasions in a month, then the contract will be

terminated and Security Deposit will be forfeited

35. Drivers shall not have any claim for employment in Railways.

36. The completion period of one year is likely to extend for a further period of

one year subject to mutual agreement and satisfactory performance.

37 Toll Gate Fee : All the toll gate charges wherever levied by the respective

authorities are to be borne by the contractor.

38. The tenderer/tenderers should submit a program chart in MS project along with

tender.

39. In the case of partner ship firms, an attested copy (Attested either by notary or by

gazetted officer) of the partner sheep deed with latest modification of the deed

should be submitted along with the tender documents with out fail.

40. In case in a particular month travelled is excess or less than 2500kms, the

balance Kms will be adjusted to preceding or succeeding months within contract

period. 41. TIME OF COMPLETION

The contract will have a completion period of Twenty four Months.






CONDITIONS :

1. The tenderer/contractor has to quote a uniform percentage rate above/below/at par

on the items of the Schedule separately both in figures and words. If there is any

variation in between the percentage rate quoted in words and figures, the percentage

rate quoted in words will be taken as correct and final. The tenderer should not quote

different percentage rates for different items of the schedule and offered with

different percentage rates for different items of the schedule are liable to be rejected.

2. The quantities shown in the tender schedule are approximate and shall be operated in

full or part at the discretion of the Engineer-in-charge.

3. Payment will be made based on the actual quantities operated/executed

4. The Railway administration will not be responsible for the safety of contractor‟s

Labour engaged for this work.

5. The contractor shall make his own arrangements for men, materials, tools,

consumables etc., required for the work at his own cost

6. Conservancy charges as applicable and as modified from time to time will be

recovered from Contractor‟s running bills.

7. In the event of any accident at the work site and it is established during the

departmental enquiry by the Railways that the accident occurred wholly or partly

due to any act of tantamounting to negligence on the part of the Contractor or his

labour in not adhering to the instructions of the Engineer-in-charge. The Contractor

shall himself be liable for damage and also legal prosecution if loss of life is

involved.

8. The contractor is primarily responsible for safety of traffic and also that of his staff

working on track. No compensation whatsoever towards damage to men, material of

the contractor will be paid by Railways.

9. The vehicle should be available through out the period in the nominated Railway

premises from 0.00 hrs. to 24.00 hrs. in the below mentioned period with driver and

cleaner. Immediate alternative arrangements must be made when ever the vehicle is

under repairs / maintenance.

10. Vehicles and equipment of contractors can be drafted by Railway Administration in

case of accidents/natural calamities involving human lives.

11. The work shall be completed within 24 months from the date of issue of acceptance

letter.

12. THE TENDERER/TENDERERS SHOULD SUBMIT A "PROGRAM CHART" IN

M.S. PROJECT ALONG WITH THE TENDER.

13. IN THE CASE OF PARTNERSHIP FIRMS, AN ATTESTED COPY (ATTESTED

EITHER BY NOTARY OR BY GAZETTED OFFICER) OF THE

PARTNERSHIP DEED WITH LATEST MODIFICATION OF THE DEED

SHOULD BE SUBMITTED ALONG WITH THE TENDER DOCUMENTS

WITHOUT FAIL.






SPECIAL CONDITIONS OF CONTRACT

1. The rates include all lead and if the materials obtained by rail all freight charges including

loading charges. 2. Sales tax, Royalties and Octroi duties, if any, that may be payable under Provincial

Government Sales Tax Act or Local Bodies Act or rules on any of the material that may be

used or supplied by the contractor will be payable by the contractor. The Railway will neither

pay the taxes or duties nor be bound to compensate the contractor for any amounts paid by him

by way of these taxes or duties.

Sales Tax at 4% on the materials portion of the contract will be deducted from each on account

bill where identifiable. Where the labour and material portion is not clearly identifiable, the

labour element shall be taken as 30%. On the balance 70% of the value of the work, 4% shall

be deducted pro-rata from each “on account bill” towards Sales tax.

Seigniorage charges recoverable from bills:-

Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by the State

Government and payable to them as revised from time to time during the currency of contract

will be recovered by Railway from the contractors “on account” and “final bills” and remitted

to the state government. The rates quoted by the Tenderer shall be inclusive of these charges.

Claims regarding revision of seigniorage charges and consequent enhancement of the accepted

rate will not be entertained. However, no seigniorage charges / fee shall be recovered from the

bills of the contractor, if the contractor produces documentary evidence e.g. “Transit Passes”

issued by State Govt. Officials in token of having paid seigniorage fee. In such cases, the

genuineness of such documentary evidence produced along with proof of payment of

seigniorage charges, shall be got verified by the Railway from the concerned Mining and

Geology Dept 3. WATER:- A charge of One percent will be made by the Railway for the supply by the

Railway of piped water from existing pipe lines and calculated on the amount of all items of

work (USSR/NS items) appearing in the bills payable to the contractor in respect of which

work such water has been issued to the Contractor and such charges should be deducted from

sums due or payable by the Railway to the Contractor from time to time.

4. In the event of water having to be brought by the Railway to the site of the work in traveling

tanks, the actual freight at Public Tariff rate and all other charges incurred therein including any

demurrage that may be levied shall be payable by the Contractor and deducted from sums due

or payable by the Railways to the Contractor from time to time.

In addition to the charges of one percent referred to above, if additional pipe lines to

those already existing are called for by the contractor, the cost of the same and all charges

incurred by the Railway in their laying including supervision charges will be paid by the

contractor or the contractor provides and lay his own piping at the discretion of Divisional

Engineer.

5. The Railway does not guarantee work under each items of the Master Schedule. For example if

a gate-lodge or gang huts are to be built between stations and the work order issued to the

sectional contractors additional payment on account of lead or freight charges for the materials

that may have to be brought by rail or by road, will not be admissible.






6. If there arises any discrepancy between the printed Unified Standard Schedule of Rates 2010 as

amended by addendum and corrigendum slips issued from time to time upto date and the

schedule attached to the Tender pertaining to this work, the former shall be treated as

authentative and binding in all purposes.

7. Rubble masonry shall be first sum of Railways Specification No 503 according to South

Central Railway Specification for materials and works. Contractors attention is particularly

invited to dressing of stone as laid down in the Railway‟s specification.

8. The Special conditions supplemented to the conditions of Tender and contracts the General

conditions of contract and the notes appearing under the relevant chapter and sub chapters of

the Unified Standard Schedule of Rates 2010 should be considered as part of the contract

papers where the provisions of these conditions are at variance with General Conditions of

Contract these special conditions.

9. Performance Guarantee (P.G.):-

a. The successful bidder shall have to submit a Performance Guarantee (PG) within 30

(thirty) days from the date of issue of Letter of Acceptance (excluding the date of LOA

Ref: CE/Works/SC Lr.W.148/P/GCC/Vil.II, dt.30.05.2014). Extension of time for

submission of PG beyond 30 (thirty) days and upto 60 days from the date of issue of

LOA may be given by the Authority who is competent to sign the contract agreement.

However, a penal interest of 15% per annum shall be charged for the delay beyond 30

(thirty) days, i.e., from 31st day after the date of issue of LOA (excluding the date of

LOA). In case the contractor fails to submit the requisite PG even after 60 days from

the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and

other dues, if any payable against that contract. The failed contractor shall be debarred

from participating in re-tender for that work.

b. The successful bidder shall submit a Performance Guarantee (PG) in any of the

following forms, amounting to 5% of the contract value:-

(i) A deposit of Cash,

(ii) Irrevocable Bank Guarantee,

(iii) Government Securities including State Loan Bonds at 5 percent below the

market value

(iv) Deposit receipts, Pay orders, Demand Drafts and Guarantee Bonds. These

forms of Performance Guarantee could be either of the State Bank of India or

of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled

Banks;

(vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificates;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds; and

(xi) Unit Trust Certificates at 5 percent below market value or at the face value

whichever is less.






Also FDR in favour of Senior Divisional Finance Manager, S. C. Railway, Vijayawada

(free from any encumbrance) may be accepted.

1. The Performance Guarantee shall be submitted by the successful bidder after the Letter

Of Acceptance (LOA) has been issued, but before signing of the contract agreement.

This P.G. shall be initially valid up to the stipulated date of completion plus 60 days

beyond that. In case, the time for completion of work gets extended, the contractor

shall get the validity of P.G. extended to cover such extended time for completion of

work plus 60 days.

1.0 The value of PG to be submitted by the contractor will not change for variation upto

25% (either increase or decrease). In case during the course of execution, value of the

contract increases by more than 25% of the original contract value, an additional

Performance Guarantee amounting to 5%(five percent) for the excess value over the

original contract value should be deposited by the Contractor.

1.1 The Performance Guarantee (PG) shall be released after physical completion of the

work based on the „Completion Certificate‟ issued by the competent authority stating

that the contractor has completed the work in all respects satisfactorily. The security

deposit, however, shall be released only after the expiry of the maintenance period

and after passing the final bill based on „No Claim Certificate’ from the contractor.

1.2 Whenever the contract is rescinded, the security deposit shall be forfeited and the

Performance Guarantee shall be encashed. The balance work shall be got done

independently without risk and cost of the failed contractor. The failed contractor

shall be debarred from participating in the tender for executing the balance work. If

the failed contractor is a JV or a partnership firm, then every member/ partner of such

a firm shall be debarred from participating in the tender for the balance work either in

his / her individual capacity or as a partner of any other JV / partnership firm.

1.3 The Engineer shall not make a claim under the Performance Guarantee except for

amounts to which the President of India is entitled under the contract (not

withstanding and / or without prejudice to any other provisions in the contract

agreement) and this shall be in the event of:

i) Failure of the contractor to extend the validity of the Performance Guarantee as

described herein above, in which event the Engineer may claim the full amount

of the Performance Guarantee.

ii) Failure of the contractor to pay President of India any amount due, either as

agreed by the contractor or determined under any of the Clauses / Conditions of

the agreement, within 30 days of the service of notice to this effect by Engineer.

iii) The contract being determined or rescinded under provision of the GCC the

Performance Guarantee shall be forfeited in full and shall be absolutely at the

disposal of the President of India






10. Security Deposit:-

The scale of Security Deposit that is to be recovered from the contractor shall be as follows.

i) Security Deposit should be 5% of the contract value.

ii) The rate of recovery will be at the rate of 10% of the bill amount till the

full Security Deposit is recovered.

iii) Security Deposit will be recovered only from the running bills of the contract and no

other mode of collecting SD such as SD in the form of instruments like Bank

Guarantee, Fixed Deposit Receipt etc., shall be accepted towards Security deposit.

iv) Conversion of Security Deposit into FDR after recovery of full stipulated SD

(FA& CAO/SC letter No.AFX/EMD/Policy/ Vol.I dt.26.8.2010 circulated vide

PCE/SC lr. No.W.148/ SCRCA dt.30.9..2010):- If the contractor so desires, the cash

deposits in the form of security deposit may be allowed to be converted into FDRs

(in favour of respective Accounts Officers and on account of contractor), after full

recovery, at the discretion of the Railway, duly collecting necessary charges of

conversion by the Railway Administration.

The security deposit shall be released only after the expiry of the maintenance period and

after passing the final bill based on „No Claim Certificate‟.

After the work is physically completed, security deposit recovered from the running bills of a

contractor can be returned to him if he so desires, in lieu of FDR/irrevocable bank guarantee

for equivalent amount to be submitted by him.

In case of contracts of value Rs.50 crores and above, irrevocable bank guarantee can also be

accepted as a mode of obtaining security deposit.

11. REVISED COMPREHENSIVE CLAUSE 46A OF GCC– PRICE VARIATION

CLAUSE: As per Railway Board Letter No.2007/CE-CT/18/Pt.19 dt.14.12.2012-Price

Variation Clause shall be applicable only for contracts of value (contract agreement

value) Rs.50 lakh and more, irrespective of the contract completion period and

Addendum & Corrigendum Slip (ACS) No.6 to GCC, July 2013; Amendment to Clause

46A.7 (a sub-clause of PVC) to GCC, communicated vide PCE/SC Lr.No.W.148/P/

G.C.C./Vol.II dt.05.06.2014. Amendment to Clause 46A1 (ACS No.2 to GCC, July-2014),

communicated vide PCE/SC Lr.No.W.148/P/G.C.C./Vol.II dt.12.12.2014. Clause 46A-Price Variation clause:

46A.1. Price Variation clause shall be applicable only for contracts of value as prescribed

by the Ministry of Railways through instructions/circulars issued from time to time

and irrespective of the contract completion period. Variation in quantities shall not

be taken into account for applicability of PVC in the contract. Materials supplied

free of cost by Railway to the contractors shall fall outside the purview of Price

Variation clause. If, in any case, accepted offer includes some specific payment to

be made to consultants or some materials supplied by Railway free or at fixed rate,

such payments shall be excluded from the gross value of the work for the purpose

of payment/recovery of price variation.

Applicability of PVC based on original contract value is illustrated as under: “If estimated value of tender (NIT value) is Rs.55 lakhs; but value of the contract

as per contract agreement is Rs.45 laksh, then PVC shall not apply, even if the

actual final value is Rs.50 laksh or more due to variation in quantities during

execution of the contract. Thus, variation in quantities after signing of contract

agreement is not relevant for deciding whether PVC is applicable to a contract or

not”.






46A.2. The Base Month for „Price Variation clause‟ shall be taken as month of opening of

tender including extensions. If any, unless otherwise stated elsewhere. The quarter

for applicability of PVC shall commence from the month following the month of

opening of tender. The Price Variation shall be based on the average Price Index

of the quarter under consideration.

46A.3. Rates accepted by Railway Administration shall hold good till completion of work

and no additional individual claim shall be admissible on account of fluctuations

in market rates, increase in taxes/any other levies/tolls etc., except that

payment/recovery for overall market situation shall be made as per Price Variation

Clause given hereunder.

46A.4. Adjustment for variation in prices of material, labour, fuel, explosives detonators,

steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be

determined in the manner prescribed.

46A.5. Components of various items in a contract on which variation in prices be

admissible , shall be Material, Labour, Fuel, Explosives, Detonators, Steel,

Cement, concreting, Ferrous, Non-ferrous, Insulator, Zinc, erection etc., However,

for fixed components, no price variation shall be admissible.

46A.6. The percentages of labour component, material component, fuel component etc.,

in various types of Engineering Works shall be as under:

Component Percentage Component Percentage

A) Earthwork contracts:

Labour

component

50% Other material

components

15%

Fuel

component

20% Fixed

component*

15%

B) Ballast and Quarry Products contracts

Labour

component

55% Other material

components

15%

Fuel

component

15% Fixed

component*

15%

C) Tunnelling Contracts

Labour

component

45% Detonators

component

5%

Fuel

component

15% Other material

components

5%

Explosive

component

15% Fixed

component*

15%

D) Other Works Contracts

Labour

component

30% Fuel component 15%

Material

component

40% Fixed

component*

15%

*it shall not be considered for any price variation.

46A.7. The Amount of variation in prices in several components (labour material etc., )

shall be worked out by the following formulae:






i) L= W x (LQ-LB) x LC

LB 100

ii) M = W x (MQ-MB) x MC

MB 100

iii) F = W x (FQ-FB) x FC

FB 100

iv) E = W x (EQ-EB) x EC

EB 100

v) D = W x (DQ-DB) x DC

DB 100

vi) S = SW x (SQ-SB)

vii) C = CV x (CQ-CB)/CB

For Railway Electrification works:

viii) T = {(CS – CO) /CO X 0.4136} X Tc

ix) R = { (RT – RO) / RO + ( ZT - ZO ) / ZO x 0.06 } x Rc

x) N = { (PT – PO ) / PO } x Nc

xi) Z = { ( ZT – ZO ) / ZO } x Zc

xii) I = { ( IT – IO ) / IT } x 85

Where

L Amount of price variation in labour

M Amount of price variation in Materials

F Amount of price variation in fuel

E Amount of price variation in Explosives

D Amount of price variation in Detonators

S Amount of price variation in Steel

C Amount of price variation in Cement

T Amount of price variation in Concreting

R Amount of price variation in Ferrous Items

N Amount of price variation in Non-Ferrous Items

Z Amount of price variation in Zinc

I Amount of price variation in Insulator

LC % of Labour component

MC % of Material component

FC % of Fuel component

EC % of Explosive component

DC % of Detonators component

Tc % of Concreting Component

Rc % of Ferrous Component

Nc % of Non-Ferrous Component






Zc % of Zinc Component

W Gross value of work done by contractor as per on-account bill(s), excluding cost of

materials supplied by Railway at fixed price, minus the price values of cement and

steel. This will also exclude specific payment, if any, to be made to the consultants

engaged by contractors (such payment shall be indicated in the contractor‟s offer)

LB

Consumer Price Index Number for Industrial Workers- All India- Published in RBI

Bulletin for the base period.

LQ Consumer Price Index Number for Industrial Workers- All India-Published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

MB Index Number of Wholesale Prices- By Groups and sub-Groups-All commodities- as

published in the RBI Bulletin for the base period.

MQ Index Number of Wholesale Prices- By Groups and Sub-groups-All commodities- as

published in the RBI Bulletin for the average Price index of the 3 months of the quarter

under consideration.

FB Index Number of Wholesale Prices- By Groups and sub-Groups for Fuel and Power as

published in the RBI Bulletin for the base period.

FQ Index Number of Wholesale Prices- By groups and sub-groups for Fuel and Power as

published in the RBI Bulletin for the average price index of the 3 months of the quarter

under consideration.

EB Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of explosives are made by the contractor for the base period.

EQ Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of explosives are made by the contractor for the average price index

of the 3 months of the quarter under consideration

DB Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of detonators are made by the contractor for the base period.

DQ Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of detonators are made by the contractor for the average price index

of the 3 months of the quarter under consideration. SW Weight of steel in tonne supplied by the contractor as per the „on-account‟ bill for the

month under consideration

SQ SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (In

rupees per tone) for the relevant category of steel supplied by the contractor as

prevailing on the first day of the month in which the steel was purchased by the

contractor (or) as prevailing on the first day of the month in which steel was brought to

the site by the contractor whichever is lower.

SB SAILs ex-works price plus Excise Duty thereof ( in Rs. Per tonne) for the relevant

category of steel supplied by the contractor as prevailing on the first day of the month

in which the tender was opened.

CV Value of cement supplied by contractor as per „on account‟ bill in the quarter under

consideration.

CB Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the base period.

CQ Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

Cs RBI Wholesale Price index for cement and lime for the month which is six months

prior to date of casting of foundation. Co RBI Wholesale Price index for cement and lime for the month which is one month

prior to date of opening of tender.






RT IEEMA Price index for Iron & Steel for the month which is two months prior to date

of inspection of material.

Ro IEEMA Price index for Iron & Steel for the month which is one month prior to date of

opening of tender.

PT IEEMA Price for Copper wire bar for the month which is two months prior to date of

inspection of material.

Po IEEMA Price for Copper wire bar for the month which is one month prior to date of

opening of tender.

ZT IEEMA Price for Zinc for the month which is two months prior to date of inspection of

material.

Zo IEEMA Price for Zinc for the month which is one month prior to date of opening of

tender.

IT RBI Wholesale Price index for structural clay products for the month which is two

months prior to date of inspection of material.

Io RBI Wholesale Price index for structural clay products for the month which is one

month prior to date of opening of tender. 46A,

8.

The demands for escalation of cost shall be allowed on the basis of provisional

indices made available by Reserve Bank of India. Any adjustment needed to be done

based on the finally published indices shall be made as and when they became

available.

46A.

9.

Relevant categories of steel for the purpose of operating Price Variation formula, as

mentioned in this clause, based on Sails Ex-Works Price Plus Excise Duty thereof,

shall be as under:

Sl.

No.

Category of Steel supplied in Railway

work

Category of Steel produced by SAIL Whose Ex-

works Price Plus Excise Duty would be adopted

to determine Price Variation.

1. Reinforcement bars and other rounds TMT 8mm IS 1786 Fe 415/Fe 500

2. All types and sizes of angles Angle 65x65x6mm IS 2062 E250A SK

3. All types and sizes of plates PM plates above 10-20mm IS 2062 E250A SK

4. All Types and sizes of channels and joists Channels 200x75mm IS 2062 E250A SK

5. Any other section of steel not covered in

the above categories and excluding HTS

Average of price for the 3 categories covered

under SL 1, 2, & 3 above.

46A.10 Price variation During Extended Period of contract.

The price adjustment as worked out above, ie., either increase or decrease shall be applicable up to

the stipulated date of completion of work including the extended period of completion where such

extension has been granted under Clause 17-1 Of the General Conditions of Contract. However,

where extension of time has been granted due to contractors failure under Clause-17B of the

General conditions of Contract, price adjustments shall be done as follows:

a) In case the indices increase above the indices applicable to the last month of original

completion period or the extended period under clause 17-A, the price adjustment for the

period of extension granted under Clause 17-B shall be limited to the amount payable as per the

Indices applicable to the last month of the original completion period or the extended period

under clause 17-A of the General conditions of contract; as the case may be.

b) In case the indices fall below the indices applicable to the last month of original/extended

period of completion under clause 17-A, as the case may be; then the lower indices shall be

adopted for the price adjustment for the period of extension under clause 17-B of the General

Conditions of Contract.






12. DEDUCTION OF INCOME TAX AT SOURCE

In terms of new Section 194-C inserted by the Finance Act 1972 , in the income tax Act 1961

the Railway shall at the time of arranging payments to the contractor and/or sub contractor(in

the case of sub contractor only when the Railway is responsible for payment of consideration

to him under the contract) for carrying out any work (including supply of labour for carrying

out any work) under the contract be entitled to deduct income tax at source on Income

comprised in the sum of such payments.

The deduction towards income tax to be made at source from the payments due to non-

residents shall continue to be governed by Section 195 of the Income Tax Act 1961.

No Income Tax will be deducted by the Railway on payments made for supply of materials

where such value of supply portion is distinct and ascertainable such as supply of Timber, tiles,

bricks, ballast including track/ballast etc. The deductions towards Income Tax to be made at

source from the payment due to non/residents shall continue to be governed by Section 195 of

the Income Tax Act 1961.

13. LIABILITY OF CONTRACTOR(S) - ANY DAMAGE SUSTAINED BY RAILWAYS

DURING ACCIDENTS ETC., CAUSED DUE TO CONTRACTOR(S) FAILURES, FAULT

OR NEGLIGENCE. Railway will post an Engineer-in-charge who may be SSE/SE/JE or Supervisor of any grade at

site for Technical Supervision of the work. This Engineer-in-charge will be responsible for

safety of the traffic. The work shall be executed by the contractor in a workman like manner to

the satisfaction of the Engineer-in-charge. The Contractor and his labour shall be guided by the

instructions of the Engineer-in-Charge. In the event of any accident occurring at the work site

and it is established during the departmental enquiry by the Railway or by Statutory enquiry of

CRS, that the accident occurred wholly or partly due to any act tantamounting to negligence on

the part of the contractor or his labour in not adhering to the instructions of the engineer-in-

charge, the contractor shall render himself liable for damages and also legal prosecution if loss

of life is involved.

14. Implementation of – the Building and other construction Workers (RECS) Act, 1996

and the Building and other Construction Workers Welfare Cess Act, 1996 in Railway

Contracts. “The Tenderer for carrying out any construction work in Andhra Pradesh (name of State) must

get themselves registered from the Registering Officer under Section-7 of the Building and

other Construction Workers Act, 1996 and rules made thereto by the Andhra Pradesh (name of

State)Government and submit certificate of registration issued from the Registering Officer of

the Andhra Pradesh(name of the State) Government (Labour Department). For enactment of

this act, the Tenderer shall be required to pay cess @ 1% of cost of construction work to be

deducted from each bill, Cost of material shall be outside the purview of cess, when supplied

under a separate schedule item.”






ANNEXURE- “III”

WORKS CONTRACT CLAUSE-13

1. In case cement, Steel, AC sheet with or without accessories, GI sheets with or without

accessories, glasses or any other materials/items are issued to the contractor(s) either free of

cost or on cost to be recovered for use on the work as stipulated in the agreement the supply

thereof shall be made in stages depending on the progress of the work, limited to the quantity

/quantities computed by the Railway, according to the prescribed specification and approved

drawings as per agreement.

The materials supplied should conform to Railway‟s Specification in all respects should be

in accordance with approved sample.

All such materials supplied to the contractor(s) for the work either free of charge or on

payment as the case may be will be issued to contractor(s) at the Railway depot/godown/goods

shed and will have to be transported by the contractor to the site of work at his cost. All such

materials shall be used by the Contractor for the work in such quantities as are indicated in the

schedule or in the relevant specifications or drawings or as approved by the Engineer, whose

decision thereon shall be final. Wastage or damages of such materials in any manner shall be

totally avoided. The contractor(s) shall be liable to the accountal for all such materials issued

by Railway either free of cost or on payment excluding the permissible wastage which incase

of steel materials should not in any case exceed 1% of the total quantity required for the work

as per the approved drawings. No wastage under other items is permissible. Short lengths of

rods should also be utilized to the extent possible by overlapping joints.

The Cement, Steel, A.C.Sheets with or without accessories, G.I sheets with or without

accessories glasses or any other materials issued in excess of the requirement(s) as above, shall

be returned in perfectly good condition by the contractor(s) to the Railway at the Railway

depot/Godown/Goods shed at________immediately after completion or termination of the

contract. If the contractor fails to return the said materials then the cost of such materials issued

in excess of the requirement as computed by Railway according to the specification and

approved drawings will be recovered from the contractor(s) at twice the prevailing procurement

cost at the time of last issue viz., 2 x (purchases price +5% freight only). This will be without

prejudice to the right of Railway to take action against the contractors under the condition of

the contract for not doing/completing the work according to the prescribed specification and

approved drawings. If it is discovered that the quantity of cement, steel or any other material

used is less than the quantity computed by the Railway, according to specifications and

approved drawings the cost of materials not returned will be recovered at the same rates as

applicable to excess issue of materials, indicated in the preceding para.






2. It shall be the responsibility of the contractor to keep in safe custody any Railway material

plant or equipment issued for the work. The contractor shall at his own expense provide

suitable temporary shed/sheds for this purpose on the Railway land made available by the

Railway free of rent and shall remove the shed/sheds when no longer required in terms of

clause 30 of General conditions of contract.

3. If due to any reason the Railway is not in a position to make available the Railway land the

Railway Engineer-in-charge of the work may permit the contractor to erect at his own cost

shed/sheds or secure private accommodation outside the Railway premises. In such a case the

contractor may be permitted to take the Railway material required for the works outside the

railway premises and to store in the Shed so erected or private accommodation so secured. It

shall be the responsibility of the contractor to keep the railway material in safe custody and the

same should be kept entire separate from the contractors material and the Railway shall have

liberty to inspect the same from time to time.

4. The code Nos. description and rates given in the schedule are based on the printed USSR -

2010, of S.C.Railway. Any discrepancy noticed during the execution of the work, in the

working rates quantity of cement etc. should be rectified by reference to the printed schedule,

which shall be treated as authoritative and binding on the contract. The relevant notes

applicable to the respective sub chapters will apply to the items of the Tender schedule and

should be considered as having been incorporated in the contract agreement and binding on the

Contractor.

5. For any other items not specially shown in the schedule of rates appended to the tender

document, the Divisional/Executive Engineer will offer rates as shown for the_________ zone

in the South central railway printed USSR - 2010, of S.C.Railway subject to the same

percentage adjustment accepted in the contract being applicable to the additional items.

6. Railway shall not supply from its own quota to the contractors controlled or imported

commodities. Assistance will, however given by recommending to appropriate authorities.

Contractor applications for issue of import licenses and release of controlled commodities if the

Engineer is satisfied that this material is actually required by contractor for carrying out the

work and is not available in the country.

7. VARIATION OF COSTS

Price variation clause is not applicable for contract agreement value upto Rs.50 lakhs.

Time is the essence of contract

8. (a) PERIOD OF COMPLETION: The Railway expects that a resourceful and experienced

contractor should be able to complete the work in all respects within the period as

specified in the Tender Notice and in the Schedule where items of work are

furnished from the date of letter of acceptance of the Tender

(b) Extension of time of completion will be governed by clause 17 of General Conditions

of Contract. However, while granting the extension of time under clause 17(B) of

GCC, a token penalty as deemed fit based on the circumstances of the case can be

imposed on the contractor without prejudice to other rights of Railway

Administration as provided under GCC.

9. MAINTENANCE PERIOD: The work shall be maintained after completion for a period as

specified in the Schedule where items of work are furnished by the contractor and he shall

make good any defects, imperfections, shrinkages or faults which may appear at his own cost.

10. It is HEREBY AGREED that it shall be the duty of the contractor to keep himself informed of

all corrections, and amendments of the said General conditions of contract made up to the date

of the execution of these presents and no objection shall be taken by the contractor on the

ground that he was not aware of such amendments and corrections of the said General

Conditions of Contract or to any of them.






11. VARIATION IN CONTRACT QUANTITIES:-

The procedure as detailed below shall be adopted for dealing with variations in quantities

during execution of works contracts:

a) The Railway reserves the right to alter the designs and drawings. If due to change of

drawing or design or any other reasons, there be variations, either increase or decrease in

quantities, payment will be made only for the actual quantities executed at the accepted

rates. If there be sufficient cause the Railway may grant extension of the date of

completion suitably. Such circumstances shall in no way affect or vitiate the contract or

alter the character thereof, or entitle the contractor to damages or compensation thereof

except as provided for in this contract.

b) The quantities of each item of work furnished in the Schedule are approximate and are

intended for the guidance of Tenderer/Contractor. In actual execution of work there may

be some increase in the quantities specified. Such variation upto 25% shall in no degree

affect the validity of the contract and it shall be performed by the contractor as provided

therein and be subjected to the same conditions, stipulations and obligations originally

and expressly included and provided for in specifications and drawings and the amount

to be paid there for shall be calculated in accordance with accepted schedule rates.

(1) Prior Finance concurrence is necessary for varying the individual quantities

beyond 25% or where the gross agreement value exceeds 25% of the agreement

value.

(2) Individual NS items in contracts shall be operated with variations of plus or minus

25% and payment would be made as per the agreement rate. For this, no Finance

concurrence would be required.

(3) In case an increase in quantity of an individual item by more than 25% of the

agreement quantity is considered unavoidable, the same shall be got executed by

floating a fresh tender. If floating a fresh tender for operating that item is

considered not practicable, quantity of that item may be operated in excess of

125% of the agreement quantity (100% i.e. the original quantity +25% i.e. quantity

over and above the original quantity) subject to the following conditions.

a) Operation of an item by more than 125% of the agreement quantity needs

the approval of an officer of the rank not less than S.A. Grade:

i) Quantities operated in excess of 125% but upto 140% of the

agreement quantity of the concerned item, shall be paid at 98% of the

rate awarded for that item in that particular tender;

ii) Quantities operated in excess of 140% but upto 150% of the

agreement quantity of the concerned item shall be paid at 96% of the

rate awarded for that item in that particular tender;

iii) Variation in quantities of individual items beyond 150% will be

prohibited and would be permitted only in exceptional unavoidable

circumstances with the concurrence of associate finance and shall be

paid at 96% of the rate awarded for that item in that particular tender

b) The variation in quantities as per the above formula will apply only to the

Individual items of the contract and not on the overall contract value.

c) Execution of quantities beyond 150% of the overall agreement value should

not be permitted and, if found necessary should be only through fresh

tenders or by negotiating with existing contractor, with prior personal

concurrence of FA&CAO/ FA&CAO(C) and approval of General Manager.






4. The limit for varying quantities for minor value items shall be 100% (as against

25% prescribed for other items). A minor value item for this purpose is defined as

an item whose original agreement value is less than 1% of the total original

agreement value.

5. No such quantity variation limit shall apply for foundation items.

6. As far as SSR/SOR items are concerned, the limit of 25% would apply to the

value of SSR/SOR schedule as a whole and not on individual SSR/SOR items.

However, in case of NS items, the limit of 25% would apply on the individual

items irrespective of the manner of quoting the rate (single percentage rate or

individual item rate).

7. For the tenders accepted at the Zonal Railways level, variations in the quantities

will be approved by the authority in whose powers revised value of the agreement

lies.

8. For tenders accepted by General Manager, variations upto 125% of the original

agreement value may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers variations upto

110% of the original agreement value may be accepted by General Manager

10. The aspect of vitiation of tender with respect to variation in quantities should be

checked and avoided. In case of vitiation of the tender (both for increase as well as

decrease of value of contract agreement) sanction of the competent authority as per

single tender should be obtained.

11. In cases where decrease is involved during execution of contract:

a. The contract signing authority can decrease the items upto 25% of

individual item without finance concurrence.

b. For decrease beyond 25% for individual items or 25% of contract

agreement value, the approval of an officer not less than rank of S.A.

Grade may be taken, after obtaining „No claim certificate‟ from the

contractor and with finance concurrence giving detailed reasons for each

such decrease in the quantities.

c. It should be certified that the quantities proposed to be reduced will not be

required in the same work at a later stage

d. In the event of any reduction in the quantity to be executed for any reasons

whatsoever, the contractor shall not be entitled to any compensation but

shall be paid only for the actual amount of work done.

e. The contractor is bound to notify the Engineer at least seven days before the

necessity arises for the execution of any item in excess of 25% of the over

all value of the agreement.

12. In case the contractor fails to attend the meeting after being notified to do so or in

the event of no settlement being arrived at, the Railway shall be entitled to execute

the extra works by other means and the contractor shall have no claim for loss or

damage that result from such procedure






12. Employment of Civil Engineering Graduates/Diploma-holders:

The contractor shall employ the following technical staff during the execution of this work.

i) One graduate engineer when the cost of the work to be executed is Rs.2 Crores and

above.

ii) One qualified diploma holder (over-seer) when the cost of the work to be executed is

more than Rs.25 lakhs but less than Rs.2 Crores. Technical staff should be available at

site whenever required by the Engineer-in-charge to take instructions. In case the

contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a

reasonable amount not exceeding a sum of Rs.40,000/- (forty thousand only) for each

month of default in case of graduate engineer and Rs.25,000/- (twenty five thousand

only) for each month of default in case of diploma holder (over-seer)

(Modification of Cl.26 and introduction of new Cl.26A to IR‟s GCC Ref: Rly. Bd.

Lr.No.2012/CE-I/CT/0/20, dt.10.05.2013.)

The decision of the Engineer-in-charge as to the period for which the required technical staff

was not employed by the contractor and as to the reasonableness of the amount to be deducted

on this account shall be final and binding on the contractor.

iii) Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall also

be considered as qualified Diploma holder Engineers and contractors for track contract

works can employ such individuals at their worksite on Indian Railways.

(Ref: Rly. Bd. Lr.No.2012/CE-I/CT/0/20, dt.12.07.2013.)

Note: The above clause is not applicable for contracts for Welding of Rail joints.

13. Railway Contractors / Extension of Provident Fund Act to the Employees working under

Railway Contractors:-

The Contractor shall comply with the provisions of EPF & MP Act, 1952 and obtain code

number from the concerned authorities whenever workmen employed by him are 20 or more.

He shall also indemnify Railways from and against any claim, penalties, recoveries under the

above Act and Rules. Contractors to get the code number under the EPF so as to enable the PF

Commissioners to extend the social security benefits to the workmen engaged by the Railway

contractors. The first month‟s bill will be released only after code number is taken from the PF

Office and a copy of coverage intimation produced. Subsequently for each month, bills will be

released only on submission of challans & 12 A monthly return copy in proof of remittance of

PF dues for previous month.”

14. Conservancy charges as applicable and as modified from time to time will be recovered

from Contractor’s running bills.






SPECIAL CONDITIONS

MODIFICATION TO CLAUSE 63 & 64 OF

GENERAL CONDITIONS OF CONTRACT

1. The Provision of Clause 63 and 64 of the General Conditions of Contract will be

applicable only for settlement of claims /disputes, for values less than or equal to

20% of the original value (excluding the cost of materials supplied free by

Railway) of the contract or 20% of the actual value of the work done (excluding the

value of the work rejected) under the contract whichever is less. When

claims/disputes are of value more than 20% of the value of the original contract or

20% of the value of the actual work done under the contract, whichever is less, the

contractor will not be entitled to seek such disputes/claims for reference to

arbitration and the provisions of Clause No; 63 &64 of the General Conditions of

Contract will not be applicable for referring the disputes to be settled through

arbitration

2. The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of

General Conditions of Contract. But the Contractor should seek reference to

arbitration to settle the disputes only once, subject to the conditions as per Para 1

3. The Special conditions shall prevail over the existing Clause 63 & 64 of General

Conditions of contract

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