SQ fe CONTRACT ENGINEERING DIVISION NBCC Bhawan, Lodhi Road, New Delhi ~ 110.003 No. CE:Contracting GCC:2017: 867 June 26, 2017 ALL HODs/RBGISBG Heads Sub: NBCC Contracting GCC - April 2016 - Amendment No.: 06 Dear Sir(s), With reference to the subject cited above, please find enclosed herewith the copy of "Amendment No.: 06" to the NBCC Contracting GCC - April 2016. This Amendment will be integral part of NBCC Contracting GCC — April 2016. This Amendment (placed as Annexure-!) contains modification in clause 2, 46 and 49 under Section- 3 of contracting GCC regarding performance guarantee, provision of land for labour huts, site office etc. and providing steel by contractor in works. This issues with the approval of the competent authority Thanking you, Encl.: As above Circulation through ERP only Copy for kind information to: 1. SOto CMD 2. SEO to Director (Finance) 3. EO to Dir (Comm.)Annexure-| fe AMENDMENT NO.: 06 To NBCC CONTRACTING GCC- APRIL 2016 Following Clauses of contracting GCC — April 2016 under Section-3 are modified as under: 20 1 22 23 24 24 PERFORMANCE GUARANTEE ] “Within 30 (Thirty) days from the date of issue of letter of Award or within such extended time) as may be granted by NBC in writing, the contractor shall submit to NBCC 4 nos. irrevocable| performance bank guarantee in the form appended or Fixed Deposit Receipt (FDR) pledged) in favour of NBCC, from any Nationalized Bank or all Commercial schedule bank, each) equivalent to 1.25% (one point two five per cent only) of the contract value thereby totaling to| 5% of the contract value for the due and proper execution of the Contract. In case FOR of any| bank is furnished by the contractor to NBCC as Performance Guarantee(s) and the bank is unable to make payment against the said FOR, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to NBCC to make good the deficit. All the Performance Guarantees shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for completion of, works gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work. NBCC reserve the right of forfeiture of the one or more performance guarantee(s) on the pro- rata basis of the elapsed contract period in the event of the contractors failure to fulfil any of the milestones/ contractual obligations i.e. defaults in commencing the execution of work, fails, to maintain the required progress in terms of relevant clause of GCC & SCC, in case of bad work or work not done as per specifications etc. or all performance guarantees in the event of termination of contract as per terms and conditions of contract. If the Contractor commits any default as aforesaid, the NBCC shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the performance guarantee(s) absolutely (not withstanding and/or without prejudice to any other provisions in the contract) by giving the notice in writing in addition to action taken under other provisions contained in this contract or otherwise. In case where the delay is compensated by the contractor during the completion of next milestone(s), the amount towards forfeited bank guarantee(s)/FOR shall be refunded to the contractor on production of the fresh bank guarantee/FDR of the equivalent amount, Such amount will not accrue any interest to the contractor. Further, such balance/PBG/FD can also be forfeited in case of any failure by contractor to fulil any contractual obligation in future In case a bank guarantee/FDR is forfeited for recovery, unforfeited PBGs/FDRs will remain with NBCC which shall be returned after successful completion/ testing/ commissioning and handing over the project to the client up to the entire satisfaction of NBCC/ Client In case the contractor fails to submit the performance guarantee(s) of the requisite amount within the stipulated period or extended period, letter of Award automatically will stand withdrawn and EMD of the contractor shall be forfeited46.0 46.1 49.0 LAND FOR LABOUR HUTS/ SITE OFFICE AND STORAGE ACCOMMODATION The contractor may construct temporary office, storage, accommodation and labour huts within the site premises where the space is available at site. In case, where surplus land is rot available within the site and/or not permitted by the client, the contractor shall arrange the land for temporary office, storage, accommodation and labour huts at his own cost and is responsible for taking the clearance of local authorities, if required, for setting up/construction of labour camp and same is deemed to be included in the rates quoted by the contractor for the works. The contractor shall check the availability of land before tendering and no claim whatsoever in this regard shall be entertained. The contractor shall ensure that the area of labour huts is kept clean and sanitary conditions are maintained as laid down by the local authorities controlling the area. The land for the above purposes shall be so placed that it does not hinder the progress of work or access to the worksite, The vacant possession of the land used, for the purpose shall be given back by contractor after completion of the work. The security deposit of the contractor shall be released only after contractor demolishes all structures including foundations and gives back clear vacant possession of this land, STEEL & STEEL STOCKYARD Steel confirming to BIS specifications (latest edition) shall be procured by the contractor directly from reputed manufacturers/producers. Relevant vouchers & test certificates will be produced by the contractor.oo” & CONTRACT ENGINEERING DIVISION NBCC Bhawan, Lodhi Road, New Delhi — 110 003 No. CE:Contracting GCC:2017: Fo. July 6, 2017 ALL HODs/RBG/SBG Heads Sub: NBCC Contracting GCC - April 2016 - Amendment No.: 07 Dear Sir(s), With reference to the subject cited above, please find enclosed herewith the copy of "Amendment No.: 07" to the NBCC Contracting GCC — April 2016. This Amendment will be integral part of NBCC. Contracting GCC — April 2016, This Amendment (placed as Annexure!) contains deletion of clauses 18 and 19 under Section-3 of contracting GCC regarding Taxes and Duties & Service Tax and its replacement with a new clause ‘Subsequent to implementation of GST and addition of sub para (v) under para 20.0 of Section-1 under List of documents to be scanned and uploaded by the contractor alongwith the tender. This issues with the approval of the competent authority. Thanking you, Yours faithfully, ‘ei CGM (CE) Encl.: As above Circulation through ERP only Copy for kind information to: 1. SO to CMD 2. SEO to Director (Finance) 3. EO to Dir (Comm,Annexure-1 Co- & AMENDMENT NO.: 07 TO NBCC CONTRACTING GCC- APRIL 2016 1. The Clauses 18 and 19 of contracting GCC — April 2016 under Section-3 are deleted and replaced with a new clause as under: 18. AL A2 A3. Ad, Taxes and duties The contract price is inclusive of all taxes, duties, cess and statutory levies payable under any law by the contractor in connection with execution of the contract. In case of change in rate of tax or any provision relating to levy of tax resulting in increase in burden of tax on the contractor, the contractor shall not be entitled to receive any compensation for such increase in quantum of tax payable by the contractor. Similarly, no recovery shall be made from the contractor on account of decrease of rate of tax or any provision relating to levy of tax. Notwithstanding anything contained in clause A.1, the contractor shall ensure payment of appropriate tax on the supplies made under the contract. The contractor shall take registration under the applicable enactment levying tax on supply of goods or services under the contract and issue invoice having all the particulars prescribed under the applicable provisions of the law, including. description of goods/services, rate and amount of tax paid or payable on the supplies made under the contract, so that NBC can avail credit of such tax, wherever applicable. The contractor shall comply with all applicable provision of Goods and Service Tax (GST) levied by Union Government and State Governments (CGST, UTGST, SGST and IGST). The contractor shall get himself registered and discharge his obligations for payment of taxes, filing of returns etc. under the appropriate provisions of law in respect of all the tax, duties, levies, cess, etc. NBCC would have right to seek necessary evidence that the contractor is registered under the law and duly discharging its obligations under the tax law, enabling NBCC to avail input tax credit. In case any law requires NBC to pay tax on the contract price on reverse charge basis, the amount of tax deposited by NBC would be considered as paid to the contractor and, accordingly, the price payable to the contractor would stand reduced to that extent. In case the contractor does not deposit the tax payable on execution of the contract, or has not provided the tax invoice to NBCC showing the amount of tax, or has not uploaded the document in computerised tax network as perprevailing law, leading to non-availability of inputs credit of the tax to NBC, the amount equivalent to such tax shall be deducted from the contract price. AS. Stamp duty and registration charges, if any, payable on the executed contract document, shall be borne by the contractor. 6. Tax deduction at source, if any, shall be made by NBC as per law applicable from time to time from the amount payable to the contractor. 2. Sub para v) under para 20 on page-6 of Section-1 is added as under: The contractor has to register himself in GST Act in the State at the location of the Project and submit the following details:- Contractor/Vender Details Name ‘Address (As per registration with GST) City Postal Code Region/State (Complete State Name) Permanent Account Number GSTIN ID/Provisional ID No.: (copy of Acknowledgement required) Type of Business (As per registration with GST) Service Accounting Code/HSN Code: Contact Person Phone Number and Mobile Number Email ID Compliance Rating (if updated by GSTN)