Package No.

: SOE/ACR/GAN/984

SAMAGRA SHIKSHA

OFFICE OF THE STATE PROJECT

DIRECTOR SECTOR NO. 17,
GANDHINAGAR, GUJARAT-382 017

BIDDING DOCUMENT

NAME OF WORK: Construction of 19 Classrooms at various Location in

GANDHINAGAR district.

NAME OF CLIENT : State Project Director,

Samagra Shiksha,
Sector-17, Gandhinagar.

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 Package Information

(1) Package No. SOE/ACR/GAN/984

Construction of 19 Classrooms at various Location

(2) Name of work
in GANDHINAGAR district.

Estimated value of
(3) Rs. 24188100.00 /-
work

(4) Bid Security Rs. 241900.00 /-

Cost of document
(5) Rs. 3600.00 /-

Up to 4 Classrooms 6 Months from the date of

Work order
(6) Period of completion More than 4 Classrooms 11 Months from the date
of Work order

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 Details of Location

GOG 310 GOI 2022-

Block Name School Id School Name SOE -2 TOTAL
2022-23 23
KALOL 24060304801 KHATRAJ PRI.SCHOOL 1 1
KALOL 24060301902 BORISANA-2 PRI. SCHOOL 12 12
KALOL 24060303501 GOPALNAGAR PRI. SCHOOL 2 2
KALOL 24060304426 KALOL PRI. SCHOOL NO.6 3 3
KALOL 24060305401 LIONSNAGAR PRI.SCHOOL 1 1

Note: The locations and work according to location stated above are tentative and are likely to change.

Sd/-
State Project Engineer
Samagra Shiksha,
Sector –17, Gandhinagar.

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 GUJARAT COUNCIL OF ELEMENTARY EDUCATION SS MISSION

BIDDING DOCUMENT

(CIVIL WORKS)

SCHEDULE OF E-TENDERING

(1) BID DOCUMENT DOWN LOADING : FROM : 13 / 09 / 2022 to : 27 / 09 / 2022.

PERIOD Up to 16:00 hrs.

(2) PRE BID MEETING : Date : 20 / 09 / 2022

Time at 12.00 hours
Venue: State Project Office,
SAMAGRA SHIKSHA, Sector – 17,
Gandhinagar

(3) BID DOCUMENT DOWNLOAD END : Date : 27/ 09 / 2022 Up to 16:00 hrs.
DATE & TIME OF ONLINE
SUBMISSION OF TENDER

(4) SUBMISSION OF TENDER FEE,BID : On or before Date : 27 / 09 / 2022 Up-to 16:00 hrs.
SECURITY & OTHER TECHNICAL
SUPPORTING DOCUMENTS IN
PHYSICAL FORM DURING THE
OFFICE HOURS

(5) ONLINE OPENING OF BID : Date : 27 / 09 / 2022 at 16:30 hrs.

(6) PLACE OF OPENING OF BIDS : Office of the State Project Director

SAMAGRA SHIKSHA, Sector-17,
Gandhinagar-382017.
NOTE :
• The scan copy of document fee & bid security Shall be submitted Online as well as in Physical form
• The scan copy of qualification information statement I, II, III & IV along with all relevant supporting
documents to be submitted online & physical form also.
• The financial bid i.e. Bill of Quantity put up at section - 7 shall be submitted online only.
• IT IS MANDATORY TO SUBMIT THE ALL THE DOCUMENTS MENTIONED IN CLAUSE 12.1 ONLINE
ELSE THE SUBMISSION SHALL BE SUMMARILY REJECTED. ONLY DOCUMENTS SUBMITTED
ONLINE SHALL BE CONSIDERED FOR EVALUATION. IF THE PHYSICAL SUBMISSION OF
TENDER FEE AND BID SECURITY IS NOT DONE THEN ALSO THE TENDER SHALL BE
SUMMARILY REJECTED.

4 SOE/ACR/GAN/984
INVITATION FOR BID
(IFB)

5 SOE/ACR/GAN/984
 GUJARAT COUNCIL OF SCHOOL EDUCATION- SAMAGRA SHIKSHA
INVITATIONS FOR BIDS (IFB)

NOTICE INVITING ONLINE TENDER

1. The Education Department, Government of Gujarat has conceptualized the

Mission Schools of Excellence program funded by Government of Gujarat and
multi-lateral funding agencies. It intends to utilise some part of the funds towards
Construction of new classrooms & upgradation of school civil infrastructure.
2. Gujarat Council of School Education (GCSE) is the nodal agency for
implementation of Mission Schools of Excellence program.
3. Gujarat: Outcomes for Accelerated Learning (GOAL)- Schools of Excellence
Program includes the Construction of new classrooms & upgradation of school
civil infrastructure and intends to utilize a part of the funds for the Construction of
new classrooms through this contract. Online Bidding is open to all Service
Providers who are registered with State/Central Govt. in “B” class for Civil works.
Copy of the registration shall be submitted online by the Service Providers.
Service Providers are advised to note the minimum qualification criteria specified
in clause 4 of the Instruction to Service Providers to qualify for the awards of the
contract.
4. The cost of document (non- refundable) is as shown in the package details and
shall be payable in the form of demand draft in favour of State Project Director,
GCSE, Gandhinagar. The scan copy of demand draft for document fee shall be
submitted online along with the bid as well as in the physical form.
5. Bids must be accompanied by Ernest Money Deposit (EMD)/ security of the
amount specified for the work in the package details, drawn in favour of State
Project Director, GCSE, Gandhinagar. Bid security will be in the form as specified
in the bidding document and shall have to be valid for 45 days beyond the validity
of the bid. It means EMD Should be valid for 165 Days. [120 Day (bid validity) +
45 Days]
6. Online submission of bids: Submission of tender fee and bid security shall be in
physical form as per e-tendering schedule. The bids will be submitted online and
shall be opened online on date & time as per e-tendering schedule. If the office
happens to be closed on the date of opening of the bids as specified above, the
bids will be opened on the next working day at the same time and venue. GCSE-
SS will not be held responsible for delay if any or non-receipt of the document.

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7. A Pre-bid meeting will be held on the date & time as per e-tendering schedule at
the office of State Project Director to clarify issues and to answer questions on
any matter that may be raised at that stage as stated in Clause 9.2 of ‘Instructions
to Service Providers’ of the bidding documents.
8. Other details can be seen in the bidding documents.

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 SECTION 1: INSTRUCTIONS TO BIDDERS

Table of Contents

Sr. Clause Page Sr. Clause Page

No. No. No. No.
A. General D Submission of Bids
1 Scope of Bid 8 18 Deadline for Submission of Bids 13
2 Source of Funds 8 E Bid Opening and Evaluation
3 Eligible Service Providers 8 19 Bid Opening 14
4 Qualification of the Service 8 20 Process to be Confidential 14
Provider
5 One Bid per Service Provider 11 21 Clarification of Bids 14
22 Examination of Bids and 14
6 Cost of Bidding 11 Determination of Responsiveness
7 Site Visit 11 23 Correction of Errors 15
B Bidding Documents 24 Evaluation and Comparison of Bids 15
8 Content of Bidding Documents 11 F Award of Contract
9 Clarification of Bidding 11 25 Award Criteria 15
Documents
10 Amendment of Bidding 12 26 Employer's Right to Accept any Bid 15
Documents and to Reject any or all Bids
C Preparation of Bids 27 Notification of Award 15
11. Language of Bid 12 28 Performance Security 16
12. Documents Comprising the Bid 12 29 Adjudicator 16
13. Bid Prices 12 30 Corrupt or Fraudulent Practices 16
14. Currencies of Bid and Payment 13 31 Complaint Resolution 17
15. Bid Validity 13 32 Environmental and Social 18
Requirements
16. Bid Security 13
17. Alternative Proposals by Service 13
Providers
A. General
1. Scope of Bid

1.1 The State Project Director, GCSE, Gandhinagar (referred to as Employer in these
documents) invites bids for the Up-gradation of School Civil Infrastructure Facilities
(as defined in these documents and referred to as "the works") detailed in the table
given in the Invitation for Bids (IFB).

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 1.2 The successful Service Provider will be expected to complete the works by the
intended completion date specified in the Contract data.
2. Source of Funds

2.1 The Education Department, Government of Gujarat has conceptualized the Mission
Schools of Excellence program Funded by Government of Gujarat and multi-lateral
funding agencies. It intends to utilise some part of the funds towards upgradation of
school civil Infrastructure.
3. Eligible Service Providers

3.1 All Service Providers shall provide in Section 2, Forms of Bid and Qualification
Information, a statement that the Service Provider is not associated, nor has been
associated in the past, directly or indirectly, with the Consultant or any other entity
that has prepared the design, specifications, and other documents for the Project or
being proposed as Project Manager for the Contract. A firm that has been engaged
by the Employer to provide consulting services for the preparation or supervision of
the works, and any of its affiliates, shall not be eligible to bid.

3.2 Service Providers shall not be under a declaration of ineligibility for corrupt and
fraudulent practices issued by the Govt.

3.3 All Service Providers shall provide a self-declaration that their firm is not subject to
debarment or suspension or has not been sanctioned under the World Bank system
of debarment or cross-debarment.

4. Qualification of the Service Provider

4.1 All Service Providers shall provide in Section 2, Forms of Bid and Qualification
Information, a preliminary description of the proposed work method and schedule,
including drawings and charts, as necessary.

4.2 Service Provider shall have registration in appropriate class as stated above. The
copy of the registration shall be enclosed as proof of registration.

4.3 All Service Providers shall include the following information and documents with their
bids in section-2.
(a) copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Service Provider.

9 SOE/ACR/GAN/984
 (b) total monetary value of construction work performed for each of the last five
years;
(c) experience in works of a similar nature and size for each of the last five years,
and details of works under way or contractually committed; and clients who may
be contacted for further information on those contracts;
(d) major items of construction equipment proposed to carry out the contract;
(e) qualifications and experience of key site management and technical personnel
proposed for the contract;
(f) reports on the financial standing of the Service Provider, such as profit and loss
statements and auditor's reports for the past five years;
(g) evidence of adequacy of working capital for this contract (access to line (s) of
credit and availability of other financial resources);
(h) authority to seek references from the Service Provider's bankers;
(i) information regarding any litigation or arbitration resulting from contracts
executed by the Service Provider in last five years or currently under execution.
The information shall include the names of the parties concerned, the disputed
amount, cause of litigation, and matter in dispute;
(j) proposals for subcontracting components of the works amounting to more than
20 percent of the Bid Price (for each, the qualifications and experience of the
identified sub-service provider in the relevant field should be annexed) and
(k) the proposed methodology and program of construction backed with equipment
planning and deployment, duly supported with broad calculations and quality
control procedures proposed to be adopted, justifying their capability of execution
and completion of the work as per technical specifications within the stipulated
period of completion. (for all contracts over Rs.1 Crore).

4.4 Bids from Joint Ventures are not acceptable.

4.5 A. To qualify for award of the contract, each Service Provider in its name should have
in the last five years i.e. 2017-18 to 2021-22
(a) Achieved, in at least one financial year, a minimum annual
financial turnover of Rs. 264.00 lakh. (Statement – I)
(b) satisfactorily completed as a prime service provider, at least one similar work
of value not less than Rs. 97.00 lakh (Statement – II A)
(c) executed in any one year, the following minimum quantities of work:
(Statement – III)

(i) cement concrete (including RCC and PCC) 695.00 cmt

10 SOE/ACR/GAN/984
 (ii) earthwork in both excavation and embankment (combined quantities)
922.00 cmt.
(iii) Masonry 269.00 cmt.

Note:
(a) Similar works means Bidder shall have experience in the construction of
any building having RCC framed structure.
(b) Financial turnover and cost of completed works of previous years shall be given
weightage of 10% per year based on rupee value to bring them to 2022-23 price
level

(c) The service provider or his identified sub-contractor should possess

required valid electrical license for executing the building electrification.
(For This MoU (between prime contractor and specialize agency)
Allowed) Electrical Contractor must have the valid “B” class registration
with R & B government of Gujarat or equivalent.

Note:

(a) The bidders shall have to fulfil the entire minimum requirements as
mentioned below for financial, experience, qualification & technical. MoU
(between prime contractor and specialize agency) who has experience
in the field of carrying out specialized item of Electrical will be allowed for
qualifying below criteria. For “MOU (between prime contractor and
specialize agency) in original must produce on Rs.300/- Stamp Paper. The
MoU (between prime contractor and specialize agency) should clearly
mention the scope of responsibilities of both parties.

(b) Specialized agency with whom MOU (between prime contractor and
specialize agency) is made such as Electrical, shall have to work as one
unit under the leadership of civil work agency & co-operate each other.

(c) Payment shall be made to Prime Contractor only.

(d) Other than the civil work are to be carried out by different specialized
agency with whom MOU (between prime contractor and specialize
agency) is made.

(e) Third Party Consultancy quality assurance shall be done for civil work and
all other equipment by the Third Party Consultancy appointed by GCSE without
any extra cost.

11 SOE/ACR/GAN/984
4.5 B. Each Service Provider should further demonstrate:
(a) availability (either owned or leased or by procurement against mobilization
advances) of the following key and critical equipment for this work:
- .........................................................
- .........................................................
- .........................................................
- .........................................................
NOTE: (To be included for bids valued over Rs. 1 Crore only)
Based on the studies carried out by the Engineers, the minimum suggested major
equipment to attain the completion of works in accordance with the prescribed
construction schedule are shown in the above list.
The Service Providers should, however, undertake their own studies and furnish with
their bid, a detailed construction planning and methodology supported with layout and
necessary drawings and detailed calculations as stated in clause 4.3 (k) above to
allow the employer to review their proposals. The numbers, types and capacities of
each plant/equipment shall be shown in the proposals along with the cycle time for
each operation for the given production capacity to match the requirements.
(a) availability for this work of a Project Manager with no less than five years
experience in construction of similar civil engineering works and other key personnel
with adequate experience as required; and
(b) liquid assets and/or availability of credit facilities/ or Solvency of not less than Rs.
15 Lakh.

4.5 C. To qualify for a package of contracts made up of this, the Service Provider must
demonstrate having experience and resources sufficient to meet the aggregate of the
qualifying criteria for the individual contracts.

4.6 Sub-contractors' experience and resources shall not be taken into account in
determining the Service Provider's compliance with the qualifying criteria except to
the extent stated in 4.5 (a) above.

4.7 Service Providers who meet the minimum qualification criteria will be qualified only if
their available bid capacity is more than the total bid value. The available bid capacity
will be calculated as under

1. Assessed Available Bid capacity = (A*N*2.0 - B)

Where

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 A = Maximum value of civil engineering works executed in any one year during the
last five years taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which bids are
invited.
B = Value of existing commitments and on-going works to be completed during
the next 11 months (period of completion of the works for which bids are
invited)

2. The maximum amount of work awarded to a bidder shall not be more than Rs.
50.00 Crores or Bid capacity whichever is less.
Note: The statements showing the value of existing commitments and on-going
works as well as the stipulated period of completion remaining for each of the works
listed should be countersigned by the Engineer-in-charge.

4.8 Even though the Service Providers meet the above qualifying criteria, they are subject
to be disqualified if they have:
• made misleading or false representations in the forms, statements and attachments
submitted in proof of the qualification requirements; and/or
• record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion, litigation history, or financial failures
etc.; and/or
• participated in the previous bidding for the same work and had quoted unreasonably
high bid prices and could not furnish rational justification to the employer.

5. One Bid per Service Provider

5.1 Each Service Provider shall submit only one bid for one contract. A Service Provider
who submits or participates in more than one Bid (other than as a subcontractor or in
cases of alternatives that have been permitted or requested) will cause all the
proposals with the Service Provider’s participation to be disqualified.

6. Cost of Bidding

6.1 The Service Provider shall bear all costs associated with the preparation and
submission of his Bid, and the Employer will in no case be responsible and liable for
those costs.

7. Site visit

7.1 The Service Provider, at the Service Provider’s own responsibility and risk is
encouraged to visit and examine the Site of Works and its surroundings and obtain
13 SOE/ACR/GAN/984
 all information that may be necessary for preparing the Bid and entering into a
contract for construction of the works. The costs of visiting the Site shall be at the
Service Provider's own expense.

B. Bidding Documents

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed in the table below and
addenda issued in accordance with Clause 10:

Section Invitation for Bids

1 Instructions to Service Providers
2 Forms of Bid and Qualification Information
3 Conditions of Contract
4 Contract Data
5 Specifications
6 Drawings
7 Bill of Quantities
8 Forms of Securities

9. Pre-bid meeting

9.1 The Service Provider or his official representative is invited to attend a pre-bid
meeting which will take place at State Project Office, Samagra Shiksha, Sector-17,
Gandhinagar on date & time mentioned in schedule of e-tendering.

9.2 The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.

9.3 The Service Provider is requested to submit any questions in writing or by email to
reach the Employer before the meeting.

9.4 Minutes of the meeting, including the text of the questions raised (without identifying
the source of enquiry) and the responses given will be transmitted online without
delay. Any modifications of the bidding documents listed in sub clause 8.1 which may
become necessary as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an Addendum pursuant to clause 10 and not through
the minutes of pre bid meeting.
14 SOE/ACR/GAN/984
 9.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
Service Provider.
10. Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.

10.2 Any addendum thus issued shall be part of the bidding documents and shall be
made available online.

10.3 To give prospective Service Providers reasonable time in which to take an

addendum into account in preparing their bids, the Employer shall extend as
necessary the deadline for submission of bids, in accordance with Sub Clause 18.2
below.

C. Preparation of Bids

11. Language of the Bid

11.1 All documents relating to the bid shall be in English language.

12. Documents comprising the Bid

12.1 Online bid submitted by the bidder shall comprise the following:
a. Bid Security.
b. Tender Fee.
c. Registration Certificate with place of registration and principal place of business.
d. Registration certificate for Class of Contractor
e. Registration certificate for Special Category- Buildings.
f. Power of Attorney of person authorized to sign the bid document for this tender
process.
g. Turn Over certificate certified by Chartered Accountant as per Statement- I.
h. Similar work details with Form 3A as per Statement-II.
i. Quantity of work executed in Form 3A as per Statement- III.
j. Electrical License and Registration Certificate OR MOU with qualified Electrical
agency including Electrical License and Registration Certificate of the Electrical
agency.
k. Certificate for Liquid asset and/ or availability of credit facility/ Or Solvency
Certificate as per requirement from a scheduled bank.
l. Work In hand details as per Statement -IV with relevant supporting documents.
m. Litigation History Document or Affidavit for No-Blacklisting.
n. PAN CARD and GST Registration document.
and any other materials required to be completed and submitted by bidders in
accordance with these instructions. The document fee, Bid security, document for

15 SOE/ACR/GAN/984
 qualification information shall be submitted in physical form. IT IS MANDATORY TO
SUBMIT THE ALL THE DOCUMENTS MENTIONED IN CLAUSE 12.1 ONLINE
ELSE THE SUBMISSION SHALL BE SUMMARILY REJECTED. ONLY
DOCUMENTS SUBMITTED ONLINE SHALL BE CONSIDERED FOR
EVALUATION. IF THE PHYSICAL SUBMISSION OF TENDER FEE AND BID
SECURITY IS NOT DONE THEN ALSO THE TENDER SHALL BE SUMMARILY
REJECTED.

13. Bid Prices

13.1 The contract shall be for the whole works as described in Sub-Clause1.1 and the
total amount worked out for Bill of Quantities submitted by the Service Provider.

13.2 The Service Provider shall fill the percentage above/ below in the section 7 “Bill of
Quantity”. It must be given in words and figure. Amount thus worked out must be
entered in column and grand total amount must be entered by the Service Provider.

13.3 The percentage and total amount quoted by the Service Provider shall be fixed for
the duration of the Contract and shall not be subject to adjustment on any account.

13.4 All State and central Government taxes including GST, duties and other levies
payable by the service provider under the contract, or for any other cause, shall be
included in the total Bid Price submitted by the Service Provider. The Rate of such
taxes, duties and other levies should be as per the government notification prevailing
as on the last date of tender submission by the service provider.

14. Currencies of Bid and Payment

14.1 Service Provider shall quote the bid value in Indian Rupees.
15. Bid Validity

15.1 Bids shall remain valid for a period not less than one hundred and twenty days after
the deadline date for bid submission specified in e-tendering schedule. A bid valid
for a shorter period shall be rejected by the Employer as non-responsive.

15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the Service Providers may extend the period of validity for a
specified additional period. The request and the Service Provider’s responses shall
be made in writing or by email. A Service Provider may refuse the request without
forfeiting his bid security. A Service Provider agreeing to the request will not be
required or permitted to modify his bid.

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 15.3 Bid evaluation will be based on the bid prices.

16. Bid Security

16.1 The Service Provider shall furnish, as part of his Bid, a Bid Security in the amount
as shown in e-tendering schedule for this particular work. This bid security shall be in
the form of demand Draft or FDR in favour of State Project Director, GCSE, Samagra
Shiksha - Gandhinagar

16.2 Any bid not accompanied by an acceptable Bid Security and not secured as
indicated in Sub-Clauses 16.1 above shall be rejected by the Employer as non-
responsive.

16.3 The Bid Security of unsuccessful Service Providers will be returned within 28 days
at the end of the bid validity period specified in Sub-Clause 15.1.

16.4 The Bid Security of the successful Service Provider will be discharged when the
Service Provider has signed the Agreement and furnished the required Performance
Security.

16.5 The Bid Security may be forfeited

1. if the Service Provider withdraws the Bid after Bid opening during the period of
Bid validity;
2. in the case of a successful Service Provider, if the Service Provider fails within
the specified time limit to
(a) sign the Agreement; or
(b) furnish the required Performance Security.

17. Alternative Proposals by Service Providers

17.1 Service Providers shall submit offers that comply with the requirements of the
bidding documents, including the basic technical design as indicated in the drawing
and specifications. Alternatives will not be considered.

D. SUBMISSION OF BID

18. Deadline for Submission of the Bids: As per e-tendering schedule

18.1 The envelope for documents (Tender fee and security only) to be submitted in
physical form shall
(a) be addressed to the Employers at the following address

17 SOE/ACR/GAN/984
 Office of the State Project Director, GCSE, Samagra Shiksha
Sector no-17, Gandhinagar-382017
(b) bear the following identification
- Tender fee and security only for Construction of 19 Classrooms at various
Location in GANDHINAGAR district..
-Bid package No. SOE/ACR/GAN/984
DO NOT OPEN BEFORE DATE : as per Sr. No- 5 Schedule of E-tendering.
If the envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement of the documents.

18.2 The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations of
the Employer and the Service Providers previously subject to the original deadline
will then be subject to the new deadline.

E. Bid Opening and Evaluation

19. Bid Opening

19.1 The Employer will open all the eligible and responsive Bids received online as per
e-tendering schedule. In the event of specified date of Bid opening being declared a
holiday for the Employer, the Bids will be opened at the appointed time and location
on the next working day.

19.2 The envelope of physical document shall be opened first and announced by the
employer. Bid without tender fee and bid security shall not be considered for online
opening and further evaluation. The Service Provider’s name, the presence or
absence of tender fee and bid security, the total amount of each bid and such other
details as the employer may consider appropriate, will be announced by the employer
at the time of online opening.

19.3 The employer shall prepare minutes of the Bid opening, including the information
disclosed to in accordance with sub clause 19.2.

20. Process to be confidential.

20.1 Information relating to the examination, clarification, evaluation and comparison of

Bid and recommendations for the award of the contract shall not be disclosed to
Service Providers or any other person not officially concerned with such process until
the award to the successful Service Provider has been announced. Any effort by a

18 SOE/ACR/GAN/984
 Service Provider to influence the Employer’s processing of Bid or award decisions
may result in the rejection of his/ her Bid.

21. Clarification of Bids.

21.1 To assist in the examination, and comparison of Bids, the Employer may, at his
discretion asks any Service Provider for clarification of his Bid, including breakdowns
of percentage tender. The request for clarification and the response shall be in writing
or by email, but no change in the price or substance of the Bid shall be sought.

21.2 Subject to sub-clause 21.1, no Service Provider shall contact the Employer on any
matter relating to its bid from the time of the bid opening to the time the contract is
awarded. If the Service Provider wishes to bring additional information to the notice
of the Employer, it should do so in writing.

21.3 Any effort by the Service Provider to influence the Employer in the Employer’s bid
evaluation, bid comparison or contract award decisions may result in the rejection of
the Service Providers’ bid.

22. Examination of Bids and Determination of Responsiveness

22.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each
Bid (a) meets the eligibility criteria defined in Clause 3; (b) has been properly signed;
(c) is accompanied by the required document fee and security and; (d) is substantially
responsive to the requirements of the Bidding documents.

22.2 A substantially responsive Bid is one which conforms to all the terms, conditions,
and specifications of the Bidding documents, without material deviation or
reservation. A material deviation or reservation is one (a) which affects in any
substantial way the scope, quality, or performance of the Works; (b) which limits in
any substantial way, inconsistent with the Bidding documents, the Employer's rights
or the Service Provider's obligations under the Contract; or (c) whose rectification
would affect unfairly the competitive position of other Service Providers presenting
substantially responsive Bids.

22.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.

19 SOE/ACR/GAN/984
23. Correction of Errors
Deleted

24. Evaluation and Comparison of Bids

24.1 The Employer will evaluate and compare only the Bids determined to be
substantially responsive in accordance with clause 22.

24.2 The employer reserves the right to negotiate with the lowest evaluated responsive
Service Provider if required.

24.3 The Employer reserves the right to accept or reject any variation, deviation, or
alternative offer. Variations, deviations, and alternative offers and other factors which
are in excess of the requirements of the Bidding documents or otherwise result in
unsolicited benefits for the Employer shall not be taken into account in Bid evaluation.

24.4 If the Bid of the successful Service Provider is seriously unbalanced in relation to
the Engineer's estimate of the cost of work to be performed under the contract, the
Employer may require the Service Provider to produce detailed price analyses for the
quoted percentage and total amount worked out. After evaluation of the price
analyses, the Employer may require that the amount of the performance security set
forth in Clause 28 be increased at the expense of the successful Service Provider to
a level sufficient to protect the Employer against financial loss in the event of default
of the successful Service Provider under the Contract.

F. Award of Contract

25. Award Criteria

25.1 Subject to Clause 26, the Employer will award the Contract to the Service Provider
whose Bid has been determined to be substantially responsive to the Bidding
documents and who has offered the lowest evaluated Bid amount, provided that such
Service Provider has been determined to be (a) eligible in accordance with the
provisions of Clause 3.1 & 3.2, qualified in accordance with the provisions of Clause
4.
26. Employer's Right to accept any Bid and to reject any or all Bids

26.1 Notwithstanding Clause 25, the Employer reserves the right to accept or reject any
Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Service

20 SOE/ACR/GAN/984
 Provider or Service Providers or any obligation to inform the affected Service Provider
or Service Providers of the grounds for the Employer's action.

27. Notification of Award and Signing of Agreement

27.1 The Service Provider whose Bid has been accepted will be notified of the award by
the Employer prior to expiration of the Bid validity period by email, telex or facsimile
confirmed by registered letter. This letter (hereinafter and in the Conditions of
Contract called the "Letter of Acceptance") will state the sum that the Employer will
pay the Service provider in consideration of the execution, completion, and
maintenance of the Works by the Service provider as prescribed by the Contract
(hereinafter and in the Contract called the "Contract Price").

27.2 The notification of award will constitute the formation of the Contract, subject only
to the furnishing of a performance security in accordance with the provisions of
Clause 28.

27.3 The Agreement will incorporate all agreements between the Employer and the
successful Service Provider. Within 7 days of receipt of the Letter of Acceptance, the
successful Service Provider will execute the agreement with the employer.

27.4 Upon the furnishing by the successful Service Provider of the Performance Security,
the Employer will promptly notify the other Service Providers that their Bids have been
unsuccessful.

27.5 The notification of award to named successful Service Provider will also be
published/ disclosed either on the tender portal or in the media.
28. Performance Security

28.1 Within 7 days of receipt of the Letter of Acceptance, the successful Service Provider
shall deliver to the Employer a Performance Security in favour of State Project
Director, GCSE, Gandhinagar payable at Gandhinagar and may be in any one of the
following forms
1. A bank guarantee issued by nationalized bank located in India or private banks
limited to list in Finance Department’s latest GR in the form given in Section 8;
2. Bank draft in favour of State Project Director, GCSE, Gandhinagar payable at
Gandhinagar
3. FDR issued by Nationalised Bank located in India and pledged in favour of State
Project Director, GCSE, Gandhinagar.

21 SOE/ACR/GAN/984
 for an amount equivalent to 3% of the Contract price plus additional security for
unbalanced Bids in accordance with Clause 24.4 of Instruction to Service Providers and
Clause 49 of Conditions of Contract. The performance security shall be valid for the
duration of contract period plus 6 months.

28.2 Failure of the successful Service Provider to comply with the requirements of Sub-
Clause 28.1 shall constitute sufficient grounds for cancellation of the award and
forfeiture of the Bid Security.

29. Adjudicator

29.1 The Employer proposes that ………..be appointed as Adjudicator under the
contract, at a daily fee of Rs. __________ plus reimbursable expenses. If the Service
Provider disagree with this proposal, the Service Provider should so state in the Letter
of Acceptance. If the Service Provider and the Employer do not agreed on the
appointment of the Adjudicator, the Adjudicator shall be appointed by President,
Institute of Engineers, India at the request of either party.

30. Corrupt or Fraudulent Practices

30.1 Service Providers/Service providers under this contract shall observe the highest
standard of ethics during the procurement and execution of such contracts. In
pursuance of this policy, Samagra Shiksha:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
procurement process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among Service
Providers (prior to or after bid submission) designed to establish bid prices
at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition.
(iii) (iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence improperly
the actions of another party;
(iv) (iv) “coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
(v) (v) “obstructive practice” is deliberately destroying, falsifying, altering, or
concealing of evidence material to an investigation or making false
statements to investigators in order to materially impede an investigation
22 SOE/ACR/GAN/984
 into allegations of a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation, or
(vi)
(b) will reject a proposal for award if it determines that the Service Provider
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded Samagra Shiksha contract if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing,
Samagra Shiksha contract.

(d) Corrupt and fraudulent practices also include acts intended to materially impede
the exercise of GCSE-SS’s inspection and audit rights provided for below.
(e) Service providers and their sub- contractors, agents, personnel, consultants,
shall permit GCSE-SS to inspect all accounts, records, and other documents
relating to the submission of bids and contract performance, and to have them
audited by auditors appointed by GCSE-SS
(f) A proposal for award will be rejected if it is determined that the service provider
recommended for award, or any of its personnel, or its sub-contractors, service
providers, suppliers and/or their employees, have, directly or indirectly, engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing
for the contract in question;

30.2 Furthermore, Service Providers shall be aware of the provision stated in sub-clause
55.2 of the Conditions of Contract.

30.3 With respect to fraud and Corrupt Practices, the requirements as per “Prevention of
Corruption Act 1988” and those as per the World Bank Guidelines Anti-Corruption
Guidelines, ACG (Annexure-N) shall apply. The service provider/ contractor shall also
submit of Letter of Acceptance of the World Bank’s Anticorruption Guidelines and
Sanctions Framework. The format of the letter is included in the annexure. In case of
any inconsistency between the requirements as per “Prevention of Corruption Act
1988” and in the World Bank ACG, the stricter of the two will apply. By participating
in the RFP process, the consultants confirm that they are not debarred or suspended
by the World Bank as per its ACG.

23 SOE/ACR/GAN/984
31. Complaint resolution

30.1 If the Service Providers have any complaints at any stage of the procurement, they
may register their complaint at GCSE-SS website
(http://ssagujarat.org/Tenders.htm)/. A clickable tab (Procurement Complaints) is
available on the tender page. This will trigger a complaint handling mechanism. The
details of the complainant will not be shared unless/ otherwise required by statute or
for the purpose of handling the complaint on a need to know basis with select
personnel dealing with the complaint. The compliant will reach one level higher than
the procurement manager for this procurement.)

32. Environmental and social considerations

31.1 The Service provider during the execution of project, shall meet Environment and
Social requirements mentioned in Section-9.

24 SOE/ACR/GAN/984
 Statement – I

Statement of Turnover during last five years in all class of civil Engineering
construction work (2017-18 to 2021-22)

Sr No. Year Turnover

1 2017-18
2 2018-19
3 2019-20
4 2020-21
5 2021-22

Note :
1) Service Provider has to submit copy of audited financial statement/audited report for
last five years i.e. 2017-18 to 2021-22

2) If the turnover of the Service Provider during last five years includes the turnover of
other than civil engineering works, the same shall be bifurcated for civil engineering
works and other works.

Signature of Service Provider

25 SOE/ACR/GAN/984
 Statement – II (A)

Statement for satisfactory completion of one similar work during last five
years (2017-18 to 2021-22) Civil work

Year Name of work Value of work executed

Note : Service Provider has to submit certificate from the employer as proof for the
work executed.

Signature of Service Provider

26 SOE/ACR/GAN/984
 Statement – III

Statement showing the quantity of different item executed in any one year in
last five years (2017-18 to 2021-22)

Year Quantity executed

Cement concrete Earthwork (cmt) Masonary (cmt)
(cmt)

Note : Service Provider has to submit certificate from the employers as proof of
quantity executed.

Signature of Service Provider

27 SOE/ACR/GAN/984
 Statement – IV

Qualification Information

The information to be filled in by the Service Provider in the following table will be
used for the purpose of pre-qualification as provided in clause no. 4 of the Instructions
to Service Providers.

Existing commitments and on-going works.

Description Contract Value of Stipulated Value of Anticipated

of Date Contract (In period of works date of
Works Rs.) completion
remaining to Completion
be
completed
(In Rs.)
1 2 3 4 5 6

Signature of Service Providers

28 SOE/ACR/GAN/984
SECTION 2: FORMS OF BID, QULIFICATION INFORMATION AND LETTER OF
ACCEPTANCE

TABLE OF FORMS:

- SERVICE PROVIDER’S BID

- QUALIFICATION INFORMATION

- LETTER OF ACCEPTANCE

- NOTICE TO PROCEED WITH THE WORK

- AGREEMENT FORM

29 SOE/ACR/GAN/984
 Service provider’s Bid

Description of the Works: as above

To : State Project Director; Samagra Shiksha [the

Employer]
Address: State Project Office; Samagra Shiksha;
Sector-17; Gandhinagar-382017.

Sir/ Madam,

We offer to execute the Works described above in accordance with the Conditions of
Contract accompanying this Bid for the Contract Price of
………...………………………………[in
figures]………………………………………………………………………………………
…….(…………………………………………………………………………………………
…………
………………………………………………………………..……………………….) [in
letters].

We accept the appointment of _____________________________ as the

Adjudicator.

(OR)

We do not accept the appointment of _____________________ as the Adjudicator

and propose instead that _________________________ be appointed as
Adjudicator whose daily fees and biographical data are attached.

This Bid and your written acceptance of it shall constitute a binding contract
between us. We understand that you are not bound to accept the lowest or any Bid
you receive.

We undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in
force in India namely “Prevention of Corruption Act 1988” and World Bank Anti-
Corruption Guidelines.

30 SOE/ACR/GAN/984
We confirm that we are not debarred or suspended or blacklisted by the State Govt
of Gujarat/ Govt of India or World Bank as per its ACG.

We hereby confirm that this Bid complies with the Bid Validity and Bid Security
required by the Bidding documents.

Yours faithfully,

Authorized Signature:

Name & Title of Signatory: __________________________________________

Name of Service Provider : _________________________________________

Address : _________________________________________

31 SOE/ACR/GAN/984
 Letter of Acceptance
(On the letterhead of the Employer)

…………………….[
date ]

To: …………………………………………………….…..[ name and address of the

Service provider]

Dear Sirs/ Madam,

This is to notify you that your Bid dated ………………………………….………………

for the execution of
the……………………………………………………………………………………
…………………………………………………………………………………………………
………………………………………………………….from [name of the service
provider and identification number, as given in the Instructions to Service Providers]
is hereby accepted by our Agency.

We accept/ do not accept that …………………………………………………….be

appointed as the Adjudicator

You are hereby requested to finish Performance Security, plus additional security
for unbalanced bids in terms of Instruction to Service Providers clause 24.4, in the
form detailed in Para 28.1 of Instruction to Service Providers for an amount of
Rs………….…………………… …………… …… within 5 days of the receipt of this
letter of acceptance valid for period of completion plus defect liability period i.e. up
to ……………………….. and sign the contract, failing which action as stated in Para
28.2 of Instruction to Service Providers will be taken.

Yours faithfully,

Authorized Signature

(F.A. & A.O.)

GCSE-SS, GANDHINAGAR

32 SOE/ACR/GAN/984
 Issue of Notice to proceed with the work
(Letterhead of the Employer)

………………………………………….[ date ]
To:
…………………………..[name and address of the Service provider]
………………………………………………………………….
………………………………………………………………….
………………………………………………………………….

Dear Sirs/ Madam,

Pursuant to your furnishing the requisite security as stipulated in Instruction to

Service Providers clause 28.1 and signing of the contract for the
………………………………… ………………………
…………………………………………... ……………………… ……………………..@ a
Bid price of Rs.……………………………….., you are hereby instructed to proceed
with the execution of the said works in accordance with the contract documents.

Yours faithfully,

State Project Engineer

Samagra Shiksha,
Gandhinagar

Agreement Form

33 SOE/ACR/GAN/984
Agreement

This agreement, made the _________________ day of ________________

20____________, between State Project Director, GCSE; Gandhinagar (hereinafter
called “the Employer”) of the one part and
____________________________________________________
__________________________________________________________________
_________
__________________________________________________[ name and address
of service provider ]
(hereinafter called “the Service provider” of the other part.)
Whereas the Employer is desirous that the Service provider
execute______________ (Name and identification number of contract) (Hereinafter
called “the Works”) and the Employer has accepted the Bid by the Service provider
for the execution and completion of such Works and the remedying of any defects
therein, at a contract price of Rs.____________________.

NOW THIS AGREEMENT WITNESSETH as follows:

(i) In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to,
and they shall be deemed to form and be read and construed as part of this
Agreement.
(ii) In consideration of the payment to be made by the Employer to the Service provider
as hereinafter mentioned, the Service provider hereby covenants with the Employer
to execute and complete the Works and remedy any defects therein in conformity in
all aspects with the provisions of the Contract.
(iii) The Employer hereby covenants to pay the Service provider in consideration of the
execution and completion of the Works and the remedying the defects wherein the
Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.

The following documents shall be deemed to form and be read and construed as part
of this Agreement, viz.:

(i) Letter of Acceptance;

(ii) Notice to proceed with the works;
(iii) Service provider’s Bid;
(iv) Contract Data;

34 SOE/ACR/GAN/984
 (v) Conditions of contract (including Special Conditions of Contract);

(vi) Statement showing frequency of test

(vii) Specifications and general condition of civil works;

(viii) Special note

(ix) Drawings;

(x) Bill of Quantities

(xi) Form of bid security for Bank guarantee and

(xii) Any other document listed in the Contract Data as forming part of
the Contract.

In witness whereof the parties thereto have caused this Agreement to be executed
the day and year first before written.

The Common Seal of

___________________________________________________________
was hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said

_______________________________________

___________________________________________________________________
__________

in the presence of:

Binding Signature of F.A. & A.O. ________________

Binding Signature of Service provider ____________________

_________________

35 SOE/ACR/GAN/984
 SECTION 3: CONDITIONS OF CONTRACT
Table of Contents

Instruction to Service Page Page

Sr. Sr. Instruction to Service Providers
Providers No. No
A. General C. Quality Control 46
1 Definitions 37 33 Identifying Defects 46
2 Interpretation 39 34 Tests 47
3 Language and Law 39 35 Correction of Defects 47
4 Engineer's Decisions 39 36 Uncorrected Defects 47
5 Delegation 40 D. Cost Control 47
6 Communications 40 37 Bill of Quantities 47
7 Subcontracting 40 38 Changes in the Quantities 47
8 Other Service providers 40 39 Variations 48
9 Personnel 40 40 Payments for Variations 48
10 Employer’s & Service 41 41 Cash Flow Forecasts 48
provider's Risks
11 Employer's Risks 41 42 Payment Certificates 49
12 Service provider’s Risks 41 43 Payment 49
13 Insurance 41 44 Compensation Events 50
14 Site Investigation Reports 42 45 Tax 51
15 Queries about the Contract 42 46 Currencies 51
Data
16 Service provider to 42 47 Retention 51
Construct the Works
17 The Works to Be Completed 42 48 Liquidated Damages 51
by the Intended Completion
Date
18 Approval by the Engineer 42 49 Securities 51
19 Safety 43 50 Cost of Repairs 52
20 Discoveries 43 E. Finishing the Contract 52
21 Possession of the Site 43 51 Completion 52
22 Access to the Site 43 52 Taking Over 52
23 Instructions 44 53 Final Account 52
24 Disputes 44 54 As-Built Drawing 52
25 Procedure for Disputes 44 55 Termination 53
26 Replacement of Adjudicator 44 56 Payment upon Termination 54
B. Time Control 45 57 Property 54
27 Program 45 58 Release from Performance 54
28 Extension of the Intended 45 59 Notice Board 55
Completion Date
29 Acceleration-Deleted 46 60 Price Variation 55

36 SOE/ACR/GAN/984
 30 Delays Ordered by the 46 61 Price Variation only for Cement and 55
Engineer Steel brought by Contractor (STAR
RATE)
31 Management Meetings 46 62 Bonus 56
32 Early Warning 46 63 Advance Payment 56
64 Claim for compensation for delay in 56
making available land and demolition
of existing structure
F. Special Conditions of Contract 56

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions
of Contract but keep their defined meanings. Capital initials are used to identify
defined terms.
The Adjudicator is the person appointed jointly by the Employer and the Service
provider to resolve disputes in the first instance, as provided for in Clauses 24 and
25. The name of the Adjudicator is defined in the clause 29.00 Instruction to Service
Providers.

Bill of Quantities means the priced and completed Bill of Quantities forming part of
the Bid.

Compensation Events are those defined in Clause 44 hereunder.

The Completion Date is the date of completion of the Works as certified by the
Engineer in accordance with Sub Clause 50.1.

The Contract is the contract between the Employer and the Service provider to
execute, complete and maintain the Works. It consists of the documents listed in
Clause 2.3 below.

The Contract Data defines the documents and other information which comprise the
Contract.

The Service provider is a person or corporate body whose Bid to carry out the Works
has been accepted by the Employer.

The Service provider's Bid is the completed Bidding document submitted by the
Service provider to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.

Days are calendar days; months are calendar months.

37 SOE/ACR/GAN/984
A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Period is the period named in the Contract Data and
calculated from the Completion Date.

The Employer is the party who will employ the Service provider to carry out the
Works.

The Engineer is the person named in the Contract Data (or any other competent
person appointed and notified to the service provider to act in replacement of the
Engineer) who is responsible for supervising the Service provider, administering the
Contract, certifying payments due to the Service provider, issuing and valuing
Variations to the Contract, awarding extensions of time, and valuing the
Compensation Events.

Equipment is the Service provider's machinery and vehicles brought temporarily to

the Site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer's Letter of
Acceptance.

The Intended Completion Date is the date on which it is intended that the Service
provider shall complete the Works. The Intended Completion Date is specified in the
Contract Data. The Intended Completion Date may be revised only by the Engineer
by issuing an extension of time.

Materials are all supplies, including consumables, used by the service provider for
incorporation in the Works.

Plant is any integral part of the Works which is to have a mechanical, electrical,
electronic or chemical or biological function.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding documents
and are factual interpretative reports about the surface and sub-surface conditions at
the site.

Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Service provider
shall commence execution of the works. It does not necessarily coincide with any of
the Site Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the Service
provider to carry out a part of the work in the Contract which includes work on the
Site.

38 SOE/ACR/GAN/984
 Temporary Works are works designed, constructed, installed, and removed by the
Service provider which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer which varies the Works.

The Works are what the Contract requires the Service provider to construct, install,
and turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning under the language of the Contract unless
specifically defined. The Engineer will provide instructions clarifying queries about the
Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions
of Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date and
Intended Completion date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Service provider’s Bid
(4) Contract Data
(5) Conditions of Contract
(6) Specifications & General Condition of Civil Works
(7) Drawings
(8) Bill of quantities and
(9) any other document listed in the Contract Data as forming part of the Contract.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4. Engineer's Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Service provider in the role representing the
Employer.

39 SOE/ACR/GAN/984
5. Delegation

5.1 The Engineer may delegate any of his duties and responsibilities to other people
except to the Adjudicator after notifying the Service provider and may cancel any
delegation after notifying the Service provider.

6. Communications

6.1 Communications between parties which are referred to in the conditions are effective
only when in writing. A notice shall be effective only when it is delivered (in terms of
Indian Contract Act).

7. Subcontracting

7.1 The Service provider may subcontract with the approval of the Engineer but may not
assign the Contract without the approval of the Employer in writing. Subcontracting
does not alter the Service provider's obligations.

8. Other Service providers

8.1 The Service provider shall cooperate and share the Site with other service providers,
public authorities, utilities, and the Employer between the dates given in the Schedule
of Other Service providers. The Service provider shall as referred to in the Contract
Data, also provide facilities and services for them as described in the Schedule. The
employer may modify the schedule of other service providers and shall notify the
service provider of any such modification.
9. Personnel

9.1 The Service provider shall employ the key personnel named in the Schedule of Key
Personnel as referred to in the Contract Data to carry out the functions stated in the
Schedule or other personnel approved by the Engineer. The Engineer will approve
any proposed replacement of key personnel only if their qualifications, abilities, and
relevant experience are substantially equal to or better than those of the personnel
listed in the Schedule.

9.2 If the Engineer asks the Service provider to remove a person who is a member of
the Service provider’s staff or his work force stating the reasons the Service provider
shall ensure that the person leaves the Site within seven days and has no further
connection with the work in the Contract.

40 SOE/ACR/GAN/984
10. Employer’s and Service provider's Risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and
the Service provider carries the risks which this Contract states are Service provider’s
risks.

11. Employer's Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the Works in the Employer’s country, the risks of war,
hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or
military or usurped power, civil war, riot commotion or disorder (unless restricted to
the Service provider’s employees), and contamination from any nuclear fuel or
nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design
of the Works, other than the Service provider’s design.

12. Service provider’s Risks

12.1 All risks of loss of or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract other than
the excepted risks are the responsibility of the Service provider.

13. Insurance

13.1 The Service provider shall provide, in the joint names of the Employer and the
Service provider, insurance cover from the Start Date to the end of the Defects
Liability Period, in the amounts and deductibles stated in the Contract Data for the
following events which are due to the Service provider’s risks:
(a) loss of or damage to the Works, Plant and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage of property (except the Works, Plant, Materials and
Equipment) in connection with the Contract; and
(d) personal injury or death.

13.2 The Service provider shall be responsible to arrange for insurance of all labours,
skilled and un-skilled, supervisors etc. employed by him as per labour regulation of
State.

13.3 Policies and certificates for insurance shall be in possession of service provider
and same shall be insured before the Start Date. All such insurance shall provide for
compensation to be payable in the types and proportions of currencies required to
rectify the loss or damage incurred.

41 SOE/ACR/GAN/984
 13.4 Service provider shall comply with any conditions of the insurance policies.

14. Site Investigation Reports

14.1 The Service provider, in preparing the Bid, shall rely on any site Investigation
Reports referred to in the Contract Data, supplemented by any information available
to the Service Provider.

15. Queries about the Contract Data

15.1 The Engineer will clarify queries on the Contract Data.

16. Service provider to Construct the Works

16.1 The Service provider shall construct and install the Works in accordance with the
Specification and Drawings.

17. The Works to Be Completed by the Intended Completion Date

17.1 The Service provider may commence execution of the Works on the Start Date and
shall carry out the Works in accordance with the program submitted by the Service
provider, as updated with the approval of the Engineer, and complete them by the
Intended Completion Date.

18. Approval by the Engineer

18.1 The Service provider shall submit Specifications and Drawings showing the
proposed Temporary Works to the Engineer, who is to approve them if they comply
with the Specifications and Drawings.

18.2 The Service provider shall be responsible for design of Temporary Works.

18.3 The Engineer's approval shall not alter the Service provider's responsibility for
design of the Temporary Works.

18.4 The Service provider shall obtain approval of third parties to the design of the
Temporary Works where required.

18.5 All Drawings prepared by the Service provider for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their use.

42 SOE/ACR/GAN/984
19. Safety

19.1 The Service provider shall be responsible for the safety of all activities on the
worksite and for offsite activities (such as material procurement areas, haul roads,
transport etc.) that are associated with works under this contract. Works shall be
planned and carried out in a manner that ensure safety of workers,
students/teachers/other users of the school campus and residents around the school
campus/construction area.

20. Discoveries

20.1 Any fossils, coins, articles of value of antiquity, structures and other remains or
archaeological interest (chance finds) discovered/found on the site shall be the
property of the Government and shall be dealt with as per provisions of the Ancient
Monuments, Archaeological Sites and Remains Act, 1958 and other applicable
rules/regulations. The Service Provider will take reasonable precautions to prevent
his workmen or any other persons from removing and damaging any such article or
thing. The Service Provider will, immediately upon discovery thereof and before
removal inform the Employer of such discovery and carry out the Engineer’s
instructions for dealing with the same, waiting which all work shall be stopped. The
Employer/Engineer will seek direction from the State Archaeological Survey of India
(ASI) Circle before instructing the Service Provider to recommence the work in the
site.
21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Service provider.
If possession of a part is not given by the date stated in the Contract Data the
Employer is deemed to have delayed the start of the relevant activities and this will
be compensation event.

22. Access to the Site

22.1 The Service provider shall allow the Engineer and any person authorized by the
Engineer access to the Site, to any place where work in connection with the Contract
is being carried out or is intended to be carried out and to any place where materials
or plant are being manufactured / fabricated / assembled for the works.

43 SOE/ACR/GAN/984
23. Instructions

23.1 The Service provider shall carry out all instructions of the Engineer which comply
with the applicable laws where the Site is located.
24. Disputes

24.1 If the Service provider believes that a decision taken by the Engineer was either
outside the authority given to the Engineer by the Contract or that the decision was
wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the
notification of the Engineer's decision.

25. Procedure for Disputes

25.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a
notification of a dispute.

25.2 The Adjudicator shall be paid daily at the rate specified in the Clause 29.00
Instructions to Service Bidders together with reimbursable expenses of the types
specified in the Contract Data and the cost shall be divided equally between the
Employer and the Service provider, whatever decision is reached by the Adjudicator.
Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of
the Adjudicator’s written decision. If neither party refers the dispute to arbitration
within the above 28 days, the Adjudicator’s decision will be final and binding.

25.3 The Arbitration shall be conducted in accordance with the arbitration procedure
stated in special conditions of contract.

26. Replacement of Adjudicator

26.1 Should the Adjudicator resign or die, or should the Employer and the Service
provider agree that the Adjudicator is not fulfilling his functions in accordance with the
provisions of the Contract, a new Adjudicator will be jointly appointed by the Employer
and the Service provider. In case of disagreement between the Employer and the
Service provider, within 30 days, the Adjudicator shall be designated by the
Appointing Authority designated in the Contract Data at the request of either party,
within 14 days of receipt of such request.

44 SOE/ACR/GAN/984
B. Time Control

27. Program

27.1 Within the time stated in the Contract Data the Service provider shall submit to the
Engineer for approval a Program showing the general methods, arrangements, order,
and timing for all the activities in the Works, along with monthly cash flow forecast.

27.2 An update of the Program shall be a program showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the remaining
work including any changes to the sequence of the activities.

27.3 The Service provider shall submit to the Engineer, for approval, an updated
Program at intervals no longer than the period stated in the Contract Data. If the
Service provider does not submit an updated Program within this period, the Engineer
may withhold the amount stated in the Contract Data from the next payment certificate
and continue to withhold this amount until the next payment after the date on which
the overdue Program has been submitted.

27.4 The Engineer's approval of the Program shall not alter the Service provider's
obligations. The Service provider may revise the Program and submit it to the
Engineer again at any time. A revised Program is to show the effect of Variations and
Compensation Events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event
occurs or a Variation is issued which makes it impossible for Completion to be
achieved by the Intended Completion Date without the Service provider taking steps
to accelerate the remaining work and which would cause the Service provider to incur
additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended
Completion Date within 21 days of the Service provider asking the Engineer for a
decision upon the effect of a Compensation Event or Variation and submitting full
supporting information. If the Service provider has failed to give early warning of a
delay or has failed to cooperate in dealing with a delay, the delay by this failure shall
not be considered in assessing the new Intended Completion Date.

45 SOE/ACR/GAN/984
29. Deleted

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Service provider to delay the start or progress of
any activity within the Works.

31. Management Meetings

31.1 Either the Engineer or the Service provider may require the other to attend a
management meeting. The business of a management meeting shall be to review the
plans for remaining work and to deal with matters raised in accordance with the early
warning procedure.

31.2 The Engineer shall record the business of management meetings and is to provide
copies of his record to those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken is to be decided by the Engineer
either at the management meeting or after the management meeting and stated in
writing to all who attended the meeting.

32. Early Warning

32.1 The Service provider is to warn the Engineer at the earliest opportunity of specific
likely future events or circumstances that may adversely affect the quality of the work,
increase the Contract Price or delay the execution of works. The Engineer may
require the Service provider to provide an estimate of the expected effect of the future
event or circumstance on the Contract Price and Completion Date. The estimate is to
be provided by the Service provider as soon as reasonably possible.

32.2 The Service provider shall cooperate with the Engineer in making and considering
proposals for how the effect of such an event or circumstance can be avoided or
reduced by anyone involved in the work and in carrying out any resulting instruction
of the Engineer.

C. Quality Control

33. Identifying Defects

33.1 The Engineer shall check the Service provider's work and notify the Service provider
of any Defects that are found. Such checking shall not affect the Service provider's

46 SOE/ACR/GAN/984
 responsibilities. The Engineer may instruct the Service provider to search for a Defect
and to uncover and test any work that the Engineer considers may have a Defect.
34. Tests

34.1 If the Engineer instructs the Service provider to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does,
the Service provider shall pay for the test and any samples. If there is no Defect the
test shall be a Compensation Event.

35. Correction of Defects

35.1 The Engineer shall give notice to the Service provider of any Defects before the end
of the Defects Liability Period, which begins at Completion and is defined in the
Contract Data. The Defects Liability Period shall be extended for as long as Defects
remain to be corrected.

35.2 Every time notice of a Defect is given, the Service provider shall correct the notified
Defect within the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1 If the Service provider has not corrected a Defect within the time specified in the
Engineer’s notice, the Engineer will assess the cost of having the Defect corrected,
and the Service provider will pay this amount.

D. Cost Control

37. Bill of Quantities

37.1 The Bill of Quantities shall contain items for the construction, installation, testing,
and commissioning work to be done by the Service provider.

37.2 The Service provider is paid for the quantity of the work done at the rate in the Bill
of Quantities for each item, subject to the condition of clause – 38 of condition of
contract.

38. Changes in the Quantities

38.1 On account of any alteration or addition in the original specification, drawing, or

design the service provider shall be bound to carry out the work in accordance with
the instruction given by engineer – in – change and such alteration shall not invalidate

47 SOE/ACR/GAN/984
 the contract and additional work which the service provider may be directed to do in
the manner above specified as a part of the work shall be carried out by service
provider on the same conditions in all respect on which he agreed to do the main
work and at the same rate as specified in the tender for the main work.

38.2 Except that when the quantity of any item exceeds the quantity as in the tender
more than the 10% and Extra item the service provider will be paid for the quantity in
excess of 10% and Extra item at the rate entered in the SOR of the year during which
the excess quantity and Extra item is executed or tender rate whichever is less.

38.3 The employer reserves the right to allot 50% additional works at approved rate.

39. Variations

39.1 All Variations shall be included in updated Programs produced by the Service
provider.

40. Payments for Variations

40.1 At the rate derived from the item within the contract which is comparable.

40.2 If the rate cannot derived in accordance with (40.1) above, such class of works shall
be carried out at the rate entered in the Schedule of Rates of the R&B Deptt. for the
year in which the tender was received, increased or decreased by the percentage by
which the tender amount is more or less than the estimated cost.

40.3 If it is not possible to arrive at the rate from (40.1) and (40.2) The Service provider
shall provide the Engineer with a quotation for carrying out the Variation when
requested to do so by the Engineer. The Engineer shall assess the quotation, which
shall be given within seven days of the request or within any longer period stated by
the Engineer and before the Variation is ordered.

40.4 If the Service provider's quotation is unreasonable, the Engineer may order the
Variation and make a change to the Contract Price which shall be based on
Engineer’s own forecast of the effects of the Variation on the Service provider's costs.

41. Cash flow forecasts

41.1 When the Program is updated, the service provider is to provide the Engineer with
an updated cash flow forecast.

48 SOE/ACR/GAN/984
42. Payment Certificates

42.1 The Service provider shall submit to the Engineer monthly statements of the
estimated value of the work completed less the cumulative amount certified
previously.

42.2 The Engineer shall check the Service provider's monthly statement within 14 days
and certify the amount to be paid to the Service provider.

42.3 The value of work executed shall be determined by the Engineer.

42.4 The value of work executed shall comprise the value of the quantities of the items
in the Bill of Quantities completed.

42.5 The value of work executed shall include the valuation of Variations and
Compensation Events.

42.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.

43. Payments

43.1 Payments shall be adjusted for deductions for advance payments, retention, other
recoveries in terms of the contract and taxes, at source, as applicable under the law.
The Employer shall pay the Service provider the amounts certified by the Engineer

43.2 If an amount certified is increased in a later certificate as a result of an award by an

Arbitrator, the Service provider shall be paid interest upon the delayed payment as
set out in this clause. Interest shall be calculated from the date upon which the
increased amount would have been certified in the absence of dispute.

43.3 Items of the Works for which no rate or price has been entered in will not be paid
for by the Employer and shall be deemed covered by other rates and prices in the
Contract.

49 SOE/ACR/GAN/984
44. Compensation Events

44.1 The following are Compensation Events unless they are caused by the Service
provider:
(a) The Employer modifies the schedule of other service providers in a way which
affects the work of the service provider under the contract.
(b) The Engineer orders a delay or does not issue drawings, specifications or
instructions required for execution of works on time.
(c) The Engineer instructs the Service provider to uncover or to carry out additional
tests upon work which is then found to have no Defects.
(d) The Engineer unreasonably does not approve for a subcontract to be let.
(e) Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of Letter of Acceptance from the information
issued to Service Providers (including the Site Investigation Reports), from
information available publicly and from a visual inspection of the Site.
(f) The Engineer gives an instruction for dealing with an unforeseen condition,
caused by the Employer, or additional work required for safety or other reasons.
(g) Other service providers, public authorities, utilities or the Employer does not
work within the dates and other constraints stated in the Contract, and they
cause delay or extra cost to the Service provider. (h) The advance payment is
delayed.
(i) The effect on the Service provider of any of the Employer’s Risks.
(j) The Engineer unreasonably delays issuing a Certificate of Completion.
(k) Other Compensation Events listed in the Contract Data or mentioned in the
Contract.

44.2 If a Compensation Event would cause additional cost or would prevent the work
being completed before the Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date is extended. The Engineer shall
decide whether and by how much the Contract Price shall be increased and whether
and by how much the Intended Completion Date shall be extended.

44.3 As soon as information demonstrating the effect of each Compensation Event upon
the Service provider's forecast cost has been provided by the Service provider, it is
to be assessed by the Engineer and the Contract Price shall be adjusted accordingly.
If the Service provider's forecast is deemed unreasonable, the Engineer shall adjust
the Contract Price based on Engineer’s own forecast. The Engineer will assume that
the Service provider will react competently and promptly to the event.

44.4 The Service provider shall not be entitled to compensation to the extent that the
Employer's interests are adversely affected by the Service provider not having given
early warning or not having cooperated with the Engineer.

50 SOE/ACR/GAN/984
45. Tax

45.1 The rates quoted by the Service provider shall be deemed to be inclusive of all the
taxes including GST that the Service provider will have to pay for the performance of
this Contract. The Employer will perform such duties in regard to the deduction of
such taxes at source as per applicable law.

45.2 The rates quoted by service provider shall be inclusive of the construction workers’
welfare cess at 1% of the value of work executed. The employer will perform such
duties and regards to the deduction of such taxes at source as per applicable law.
46. Currencies

46.1 All payments shall be made in Indian Rupees.

47. Retention
47.1 The employer shall retain from each payment due to the contractor the proportion stated
in the Contract Data (5% of bill amount) until Completion of whole of the Works.

47.2 On completion of whole of the works half (2.5%) the total amount retained is paid to
contractor and remaining (2.5%) amount shall be paid after completion of defect liability
period if engineer has certified that all defects noticed by him have been corrected at
contractor’s expense before the end of this period. The remaining fifty percentage of the
retention money shall be refunded after the expiry of the defect liability period. However
before release of balance of retention money, the undertaking should be obtained from
the contract that he has paid royalty on mining materials and still if any dues for royalty
charges are to be paid

47.3 The retained 2.5% amount may also be released against the FDR/Bank guarantee of
Nationalize bank located in India or list in Finance Department, Government of Gujarat’s
latest prevailing GR as on the last date of tender submission by the service provider.
48. Liquidated Damages

48.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated
in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date (for the whole of the works as stated in the Contract Data). The total
amount of liquidated damages shall not exceed the amount defined in the Contract Data.
The Employer may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages does not affect the Contractor's liabilities.

48.2 If the Intended Completion Date is extended after liquidated damages have been paid,
the Engineer shall correct any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate.

49. Securities
49.1 The Performance Security (including additional security for unbalanced bids) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance and
shall be issued in an amount and form acceptable to the Employer, and denominated in

51 SOE/ACR/GAN/984
 Indian Rupees. The performance security shall be valid for the duration of contract period
plus 6 months. It shall be released after completion of the whole of the work.

50. Cost of Repairs

50.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Correction periods shall be remedied by the
Service provider at the Service provider's cost if the loss or damage arises from the
Service provider's acts or omissions.

E. Finishing the Contract

51. Completion

51.1 The Service provider, after removal of debris/construction wastes and other
materials and post worksite restoration and clean-up, shall request the Engineer to
issue a Certificate of Completion of the Works and the Engineer will do so upon
deciding that the Work is completed.
52. Taking Over

52.1 The Employer shall take over the Site and the Works within seven days of the
Engineer issuing a certificate of Completion
53. Final Account

53.1 The Service provider shall supply to the Engineer a detailed account of the total
amount that the Service provider considers payable under the Contract before the
end of the Defects Liability Period. The Engineer shall issue a Defect Liability
Certificate and certify any final payment that is due to the Service provider within 56
days of receiving the Service provider's account if it is correct and complete. If it is
not, the Engineer shall issue within 56 days a schedule that states the scope of the
corrections or additions that are necessary. If the Final Account is still unsatisfactory
after it has been resubmitted, the Engineer shall decide on the amount payable to the
Service provider and issue a payment certificate within 56 days of receiving the
Service provider’s revised account.
54. As Built Drawing

54.1 If “as built” drawings are required, the service provider shall supply them by the
dates stated in the contract data

54.2 If the service provider does not supply “as built” drawings by the dates stated in the
contract data or they don’t receive the engineer’s approval, the engineer shall

52 SOE/ACR/GAN/984
 withhold the amount stated in the contract data from the payments due to the service
providers.
55. Termination

55.1 The Employer or the Service provider may terminate the Contract if the other party
causes a fundamental breach of the Contract.

55.2 Fundamental breaches of Contract include, but shall not be limited to the following:
a. the Service provider stops work for 28 days when no stoppage of work is
shown on the current Program and the stoppage has not been authorized by
the Engineer;
b. the Engineer instructs the Service provider to delay the progress of the
Works and the instruction is not withdrawn within 28 days;
c. the Employer or the Service provider is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation;
d. a payment certified by the Engineer is not paid by the Employer to the
Service provider within 56 days of the date of the Engineer's certificate;
e. the Engineer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Service provider fails to correct it
within a reasonable period of time determined by the Engineer;
f. the Service provider does not main tain a security which is required;
g. the Service provider has delayed the completion of works by the number of
days for which the maximum amount of liquidated damages can be paid as
defined in the Contract data; and
h. if the Service provider doesn’t adhere to or maintain the required worksite
safety measures while the executing the works.
the Service provider, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in the executing the Contract. For
the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving
or soliciting of anything of value to influence the action of a public official in the
procurement process or in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement process or the
execution of a contract to the detriment of the
Borrower, and includes collusive practice among Service Providers (prior to or after
bid submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Borrow of the benefits of free and open competition.”

55.3 When either party to the Contract gives notice of a breach of contract to the Engineer
for a cause other than those listed under Sub Clause 55.2 above, the Engineer shall
decide whether the breach is fundamental or not.

55.4Notwithstanding the above, the Employer may terminate the Contract for
convenience.

53 SOE/ACR/GAN/984
 55.5 If the Contract is terminated the Service provider shall stop work immediately, make
the Site safe and secure and leave the Site as soon as reasonably possible.
56. Payment upon Termination

56.1 If the Contract is terminated because of a fundamental breach of Contract by the

Service provider, the Engineer shall issue a certificate for the value of the work done
less advance payments received up to the date of the issue of the certificate, less
other recoveries due in terms of the contract, less taxes due to be deducted at source
as per applicable law and less the percentage to apply to the work not completed as
indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the
total amount due to the Employer exceeds any payment due to the Service provider,
the difference shall be a debt payable to the Employer.

56.2 If the Contract is terminated at the Employer's convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a
certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Service provider's personnel employed solely on the
Works, and the Service provider's costs of protecting and securing the Works and
less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract, and less taxes due to be deducted at source
as per applicable law.

56.3 In case the entire contract is terminated, the amount of performance security
together with the value of work done but not paid shall stand forfeited to recover
liquidated damage.

57. Property

57.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are
deemed to be the property of the Employer, if the Contract is terminated because of
a Service provider’s default.

58. Release from Performance

58.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Service provider the Engineer shall
certify that the Contract has been frustrated. The Service provider shall make the Site
safe and stop work as quickly as possible after receiving this certificate and shall be

54 SOE/ACR/GAN/984
 paid for all work carried out before receiving it and for any work carried out afterwards
to which commitment was made.

59. Notice Board

59.1 A notice board showing salient features of the works shall be erected at every site
before commencement of the work by service provider without any extra cost. The
photographs shall be submitted to the engineer in-charge, failing which 0.5% of the
contract value shall be withheld which will have released on submission of
photographs.

60. Price Variation

Deleted

61. Price Variation only for Cement and Steel brought by Contractor (STAR RATE):-

The amounts payable to the contractors for the work done involving use of cement and steel
when these materials are not supplied by the GCSE-SS shall be adjusted for increase or
decrease in the rates of these materials as under :-

The star rates for cement, mild steel, for steel and asphalt to be brought by the Contractor
shall be considered Ex-supply Depot/ Godown as under:-

Quantity (Approx) STAR RATES

DTP
Per
Cement : 581.00 M.T. Rs. 7400.00 Month
M.T.

T.M.T Per AUGUST

: 89.00 M.T. Rs. 76776.00
Steel M.T. 2022

The above star rates are linked with Reserve Bank of India price index for steel and cement
for the month in which the DTP s are approved.
The month in which DTP are approved will be specified in the tender document.

Star rates should be mentioned in the tender copy as under:-

i. For Cement, Price of cement from authorized dealer should be obtained for the
month in which the DTP s are approved & mentioned as star rate before issue of
tender copy.
ii. For steel & H.Y.S.D. bars, rate of SAIL should be obtained for the month in which
the DTPs are approved and mentioned as star rate before issue of tender copy.
iii. For basic index specific month in which the DTP s are approved should be
mentioned before. issue of tender copy. The fluctuations in rates of cement and
steel shall be adjusted in the bills payable to the contractors as under :

A = Difference of Amount payable or recoverable

55 SOE/ACR/GAN/984
 B = Star rate of steel / cement
C1 = The (Quarterly) average corresponding index of steel, cement for the quarter
under consideration (as published in monthly bulletin or Reserve Bank of India)
C0. = Price index of cement/steel for the month in which the DTPs are approved
published in monthly bulletin of Reserve Bank of India).
D = Qty. of cement / steel actually brought by the contractor on site of work and
consumed in the work during the quarter duly supported with bill as recorded in
cement consumption register or MB (for steel).

Conditions for variation in prices of cement and steel only:-

1. No Ceiling for escalation for difference in the cost of steel and cement will be applicable.
2. This clause shall be operative from the date of issue of work order and up to the expiry
of original and extended time limit.
3. This formula shall be used individually for cement/mild steel and or steel for calculating
adjustment.
4. The cement and steel brought by the contractor on site of work shall be used only after
the same is tested by the Department.
5. If such materials are not found as per the requirement of I.S. specification, the same
shall be removed by the contractor for which no claim shall be entertained.
6. This clause will be applied to the work irrespective of the cost of the work (vide R & B
D.G.R. No TNC /1089/(4) /C dtd.21/10/05 )

62. Bonus
Deleted

63. Advance Payment

Deleted
64. Claim for compensation for delay in making available land and demolition of existing
structure.

64.1 No compensation shall be allowed for delay in execution of work on account of delay
in making available the full site land or demolition of existing structure at a time.
However, this may be considered for granting suitable extension in completion period
if necessitated by such events.

F. Special Conditions of Contract

1. LABOUR

The Service provider shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.

56 SOE/ACR/GAN/984
 The Service provider shall, if required by the Engineer, deliver to the Engineer a return
in detail, in such form and at such intervals as the Engineer may prescribe, showing
the staff and the numbers of the several classes of labour from time to time employed
by the Service provider on the Site and such other information as the Engineer may
require.

2. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contract, the Service provider and his sub-contractors shall
abide at all times by all existing labour enactments and rules made thereunder,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notification that may be issued under any labour law in future either by
the State or the Central Government or the local authority. Salient features of some
of the major labour laws that are applicable to construction industry are given below.
The Service provider shall keep the Employer indemnified in case any action is taken
against the Employer by the competent authority on account of contravention of any
of the provisions of any Act or rules made thereunder, regulations or notifications
including amendments. If the Employer is caused to pay or reimburse, such amounts
as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments,
if any, on the part of the Service provider, the Engineer/Employer shall have the right
to deduct any money due to the Service provider including his amount of performance
security. The Employer/Engineer shall also have right to recover from the Service
provider any sum required or estimated to be required for making good the loss or
damage suffered by the Employer.

The employees of the Service provider and the Sub-Contractor in no case shall be
treated as the employees of the Employer at any point of time.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

WORKS UNDER THIS CONTRACT

Salient features of some of the major labour laws that are applicable to works
stipulated under this contract are given below.

57 SOE/ACR/GAN/984
1) Payment of Wages Act, 1936: It lays down as to by what date the wages are
to be paid, when it will be paid and what deductions can be made from the
wages of the workers.

2) Minimum Wages Act, 1948: The employer is supposed to pay not less than
the Minimum Wages fixed by appropriate Government as per provisions of the
Act if the employment is a scheduled employment. Construction of buildings,
roads, runways etc. are scheduled employments.

3) The Building and Other Construction workers (Regulation of

Employment and Conditions of Service) Act, 1996 and the Cess Act of
1996: All the establishments who carry on any building or other construction
work and employs 10 or more workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the government. The Employer to
whom the act applies has to obtain a registration certificate from the
Registering Officer appointed by the government.

4) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions

of Service) Act, 1979: The act is applicable to an establishment which
employs 5 or more inter-state migrant workmen through an intermediary (who
has recruited workmen in one state for employment in the establishment
situated in another state). The Inter-State migrant workmen, in an
establishment to which this act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, travelling expenses
from home up to the establishment and back, etc.

5) Employees P.F. and Miscellaneous Provision Act, 1952: The act provides
for monthly contribution by the employer @ 10% or 8.33%. The benefits
payable under the act are:

I. Pension or family pension on retirement or death,

II. as the case may be.Deposit linked insurance on the death in harness
of the worker.

III. Payment of P.F. accumulation on retirement/death etc.

58 SOE/ACR/GAN/984
6) Employees Compensation Act, 1923: The act provides for compensation in
case of injury, disease or death arising out of and during the course of
employment by certain employers to their employees for injury caused to them
by accident. It enables an employee, and in case of death of an employee, his
dependents, to get, at the cost of his employer compensation for employment
injury. If an employee contracts an occupational disease while in employment,
it is also treated under the act as injury caused by accident.

7) The Personal Injuries (Compensation Insurance) Act, 1963: This act

provides for the employer’s liability and responsibility to pay compensation to
employees where workmen sustain personal injuries in the course of
employment. The employer has to provide workmen the insurance against the
liability. The act describes the term which is of major importance under the act
it called as partial disablement and total disablement.

8) Employer’s Liability Act, 1938: This act protects workmen who bring suits for
damages against employers in case of injuries endured in the course of
employment. Such injuries could be on account of negligence on the part of
the employer or persons employed by them in maintenance of all machinery,
equipment etc. in healthy and sound condition.

9) Employee’s State Insurance Act, 1948: The act provides for certain benefits
to insured employees and their families in case of sickness, maternity and
disablement arising out of an employment injury. The act applies to all
employees in factories (as defined) or establishments which may be so notified
by the appropriate government. The act provides for the setting up of an
Employees’ State Insurance Fund, which is to be administered by the
Employees State Insurance Corporation. Contributions to the Fund are paid by
the employer and the employee at rates as prescribed by the Central
Government. The act also provides for benefits to dependents of insured
persons in case of death as a result of an employment injury.

10) Payment of Bonus Act, 1965: The act is applicable to all establishments
employing 20 or more employees. The act provides for payments of annual
bonus subject to a minimum of 8.33% of the wages drawn in the relevant year.
It applies to skilled or unskilled manual, supervisory, managerial,
administrative, technical or clerical work for hire or reward to employees who

59 SOE/ACR/GAN/984
 draw a salary of Rs. 10,000/- per month or less. To be eligible for bonus, the
employee should have worked in the establishment for not less than 30
working days in the relevant year. The act does not apply to certain
establishments. The newly set-up establishments are exempted for five years
in certain circumstances. Some of the state governments have reduced the
employment size from 20 to 10 for the purpose of applicability of this act.

11) Payment of Gratuity Act, 1972: Gratuity is payable to an employee under the
act on satisfaction of certain conditions - on separation if an employee has
completed 5 years of service or more or on death, the rate of 15 days wages
for every completed year of service. The act is applicable to all establishments
employing 10 or more employees.

12) Labour (Regulation and Abolition) Act, 1970: The act provides for certain
welfare measures to be provided by the contractor to contract labour and in
case the Contractor fails to provide, the same are required to be provided, by
the Principal Employer by Law. The Principal Employer is required to take
Certificate of Registration and the Contractor is required to take license from
the designated officer. The act is applicable to the establishments or Contractor
of Principal Employer if they employ 20 or more contract labour.

13) Equal Remuneration Act, 1979: The act provides that no employer shall pay
to any worker employed by him in an establishment or employment,
remuneration whether payable in cash or in kind at the rates less favourable
than those at which remuneration is paid by him to the workers of the opposite
sex in such establishment or employment. The act further provides that no
discrimination should be made against women at the time of recruitment. The
act also provides for not for making discrimination against female employees
in the matters of transfers, training and promotions etc.

14) Maternity Benefit Act, 1951: An act to regulate the employment of women in
certain establishments for certain periods before and after child-birth and to
provide for maternity benefit and certain other benefits. It provides for maternity
benefits, including leave, wages, bonus, nursing breaks etc.

15) Sexual Harassment of Women at the Workplace (Prevention, Prohibition

and Redressal) Act, 2013: This act defines sexual harassment in the
workplace, provides for an enquiry procedure in case of complaints and

60 SOE/ACR/GAN/984
 mandates the setting up of an Internal Complaints Committee or a Local
Complaints Committee.

16) Child Labour (Prohibition and Regulation) Act, 1986: The act prohibits
employment of children below 14 years of age in certain occupations and
processes and provides for regulation of employment of children in all other
occupations and processes. Employment of child labour is prohibited in
Building and Construction Industry.

17) Bonded Labour System (Abolition) Act, 1976: The act provides for the
abolition of bonded labour system with a view to preventing the economic and
physical exploitation of weaker sections of society. Bonded labour covers all
forms of forced labour, including that arising out of a loan, debt or advance.

3. ARBITRATION (GCC Clause 25.3)

The procedure for arbitration will be as follows :
3.1 (a) In case of Dispute or difference arising between the Employer and a domestic
service provider relating to any matter arising out of or connected with this
agreement, such disputes or difference shall be settled in accordance with the
Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3
arbitrators one each to be appointed by the Employer and the Service provider.
The third Arbitrator shall be chosen by the two Arbitrators so appointed by the
Parties and shall act a presiding arbitrator. In case of failure of the two arbitrators
appointed by the parties to reach upon a consensus within a period of 30 days
from the appointment of the arbitrator appointed subsequently, the Presiding
Arbitrator shall be appointed by the President of the Institution of Engineers (India)
(b) In the case of dispute with a Foreign service provider the dispute shall be settled
in accordance with provisions of UNCITRAL (United Nations Commission on
International Trade Law) Arbitration Rules. The Arbitral Tribunal shall consist of
three Arbitrators one each to be appointed by the Employer and the Service
provider. The third Arbitrator shall be chosen by the two Arbitrators so appointed
by the Parties and shall act a presiding arbitrator. In case of failure of the two
arbitrators appointed by the parties to reach upon a consensus within a period of
30 days from the appointment of the arbitrator appointed subsequently, the
Presiding arbitrator shall be appointed by the President of the Institution of
Engineers (India)

61 SOE/ACR/GAN/984
(c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a)
and (b) above within 30 days after receipt of the notice of the appointment of its
arbitrator by the other party, then the Presiding arbitrator shall be nominated by
President of the Institution of Engineers (India), in cases of the Foreign Service
provider as well as Indian Service provider, who shall appoint the 5arbitrator. A
certified copy of the order of the President of the Institution of Engineers (India)
making such an appointment shall be furnished to each of the parties.
(d) Arbitration proceedings shall be held at Gandhinagar, India, and the language of
the arbitration proceedings and that of all documents and communications
between the parties shall be English.

3.2 The decision of the majority of arbitrators shall be final and binding upon both
parties. The cost and expenses of Arbitration proceedings will be paid as
determined by the arbitral tribunal.
However, the expenses incurred by each party in connection with the
preparation, presentation, etc. of its proceedings as also the fees and expenses
paid to the arbitrator appointed by such party or on its behalf shall be borne by
each party itself.

(f) In the event value of the contract is up to Rs.50 million, the disputes or differences
arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be
appointed by agreement between the parties, failing such agreement by the
appointing authority, i.e. the President of the Institution of Engineers (India)

(g) Performance under the contract shall continue during the arbitration proceedings
and payments due to the service provider by the owners shall not be withheld,
unless they are the subject matter of the arbitration proceedings.

4. PROTECTION OF ENVIRONMENT
As per GCC Clause 16.2: The Service provider shall take all reasonable steps to
protect the environment on and off Site and to avoid damage or nuisance to
persons or to property of the public or others resulting from pollution, noise or other
causes arising as a consequence of his methods of operation.

During continuance of the contract, the Contractor and his sub-contractors shall
at all times abide by existing applicable environmental acts, rules made there

62 SOE/ACR/GAN/984
under, regulations, notifications and bye laws (including amendments), of the
Central or State Government or local authority. The Contractor shall keep the
Employer indemnified in case any action is taken against the Employer by the
Competent Authority on account of contravention of any provision made under
such acts, regulations, rules or notifications. If the Employer is caused to pay or
reimburse for non-observance of the provisions stipulated in the
acts/rules/regulations/notifications/bye-laws on the part of the Contractor, the
Employer shall have the right to deduct such amount from the Contractor,
including from his performance security.

The Contractor is expected to be acquainted with all the latest applicable laws,
including those related to safety at work. Salient features of some key laws
pertaining to safety, health and environmental aspects that are applicable to works
stipulated under this contract are given below. The list is illustrative and not
exhaustive. Bidders are responsible for checking the comprehensiveness of the
list.

1. Environment (Protection) Act, 1986, and as amended

The Act provides for the protection and improvement of environment and for
matters connected therewith, and the prevention of hazards to human beings,
other living creatures, plants and property. ‘Environment’ includes water, air and
land and the inter-relationship which exists among and between water, air and
land, and human beings, other living creatures, plants, micro-organisms and
property. The Act is an “umbrella” legislation designed to provide a framework for
central government coordination of the activities of various authorities (including
at the central and state level) established under laws, such as the Water Act and
the Air Act.

2.The Environment (Protection) Rules, 1986 and as amended

The Central Government made the rules to implement provisions of the

Environment Protection Act and deal with related matters.

3.State Tree Preservation Act and/or Tree Cutting Rules, as may be in force

These provide for protection of trees of important species. The Contractor

will be required to obtain prior permission for full or partial cutting, uprooting, or
pruning of any such trees.

4.Water (Prevention and Control of Pollution) Act, 1974, and as amended

63 SOE/ACR/GAN/984
 The act prohibits discharge of pollutants into water bodies beyond a given
standard and lays down penalties for non-compliance with its provisions.
‘Pollution’ means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or
trade effluent or of any other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may, or is likely to, create a nuisance or render such water
harmful or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and health of animals
or plants or of aquatic organisms. The act provides for the prevention and control
of water pollution and the maintaining and restoring of wholesomeness of water.

5.The Water (Prevention and Control of Pollution) Rules, 1975

6.The Water (Prevention and Control of Pollution) Cess Act, 1977

The Act provides for the levy and collection of a cess on water consumed
by persons carrying on certain industries and by local authorities, with a view to
augment the resources of the Central Board and the State Board for the
prevention and control of water pollution under the Water (Prevention and Control
of Pollution) Act, 1974.

7.The Water (Prevention and Control of Pollution) Cess Rules, 1978

For exercising the legislative provisions of the Water Cess Act, the
Government of India made the Cess Rules in 1978.

8.Easement Act, 1882

This provides for the rights of landowners on groundwater. Contractors will

need to ensure that other landowners’ rights under the Act is not affected by any
groundwater abstraction by the contractors.

9.State Groundwater Act and Rules, as may be in force and the Guidelines
for Groundwater Abstraction, 2012

State Groundwater Act and Rules as may be in force and the Guidelines
for Groundwater Abstraction for drinking and domestic purposes in Notified Areas
and Industry/ Infrastructure project proposals in Non-Notified areas, 2012 - These
provide for regulating extraction of ground water for construction/industrial and
drinking and domestic purposes. Contractors will need to obtain permission from
Central/State Groundwater Boards prior to groundwater abstraction through

64 SOE/ACR/GAN/984
 digging any bore well or through any other means; and will to ensure full
compliance to these rules and any conditions imposed in the permit.

10.Air (Prevention and Control of Pollution) Act, 1981, and as amended

This provides for prevention, control and abatement of air pollution. ‘Air
Pollution’ means the presence in the atmosphere of any ‘air pollutant’, which
means any solid, liquid or gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment.

11.The Air (Prevention and Control of Pollution) Rules, 1982

12.Noise Pollution (Regulation and Control) Rules, 2000, and as amended

The noise pollution rules lay down such terms and conditions as are
necessary to reduce noise pollution, including during night hours. This will be
applicable for all construction equipment/plant and machinery including vehicles
deployed for implementation of works under this contract for regulation of ambient
noise levels.

13.The Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act, 1996

The Act provides for regulating the employment and conditions of service
of building and other construction workers and also provides for their safety, health
and welfare measures and other matters connected therewith or incidental
thereto. It applies to every establishment which employs or had employed on any
day of the preceding twelve months, ten or more building workers in any building
or other construction work. Apart from labour welfare and basic facility provision
such as canteens, first-aid facilities, ambulance, housing accommodation for
workers near the workplace etc., the act requires employers to make adequate
provisions for safety and health measures for construction workers, including
appointment of safety committees, safety officers and compulsory notification of
accidents.

16.Public Liability Insurance Act, 1991, and as amended

The Act provides for public liability insurance for the purpose of providing
immediate relief to the persons affected by accident occurring while handling
hazardous substances and for matters connected herewith or incidental thereto.
Hazardous substance means any substance or preparation which is defined as

65 SOE/ACR/GAN/984
hazardous under the Environment (Protection) Act 1986 and exceeding such
quantity as may be specified by notification by the Central Government.

17.The Public Liability Insurance Rules, 1991

The Public Liability Insurance Rules were drawn up to provide for public
liability insurance for the purpose of providing immediate relief to the persons
affected by accident while handling any hazardous substance.

18.The Ancient Monuments, Archaeological Sites and Remains Act, 1958

The ancient monuments and archaeological sites should be protected from

any developmental activity. The area within the radial of 100 m and 300m from
the Protected Property are designated as protected area and controlled area
respectively. No development activity (including building, mining, excavating,
blasting etc,) is permitted in the ‘protected area’ and activities likely to damage the
property are not permitted in the ‘controlled area’ without prior permission of the
Archaeological Survey of India. The act also has provisions for dealing with
‘chance finds’.

19.Construction and Demolition Waste Management Rules, 2016

These rules shall be applicable to wastes resulting from excavation,

construction and demolition operations and will include excavated pavement
materials, cement concrete roads, other construction debris and rubble from
demolition/remodelling/repair of buildings/civil structures etc.

20.Plastic Waste Management Rules, 2016

This provides for control and management of the plastic waste generated
from any activity.

21.Solid Waste Management Rules, 2016

The rules are applicable to all forms/types of solid waste generated at

operational areas, including construction camp sites.

22.The Batteries (Management and Handling) Rules, 2001

The rules were enacted with the primary objective of ensuring safe disposal
of discarded lead acid batteries. Rules require proper control and record keeping
on the sale or import of lead acid batteries and recollection of the used batteries

66 SOE/ACR/GAN/984
by registered recyclers to ensure environmentally sound recycling of used
batteries.

23.Hazardous and Other Wastes (Management and Handling) Rules, 2016

The Act requires the entity generating hazardous wastes (in quantities
equal to or exceeding the limits given in the Act), to take all practical steps to
ensure that such wastes are properly handled without any adverse effects, which
may result from such wastes. It stipulates proper collection, reception, treatment,
storage and disposal of such wastes and provides for the process/mechanism to
do so. Contractors will need to obtain permission from the State Pollution Control
Boards and other designated authorities for storage and handling of any
hazardous material.( Rule 4 - Such entity shall apply for authorization in
prescribed format to the State Pollution Control Board).

24.The Petroleum Rules, 2002

This provides for safe use and storage of petroleum products.

25.The Gas Cylinder Rules, 2004 and as amended

This provides for regulations related to storage of gas, and possession of

gas cylinder more than the exempted quantity.

26.Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and

as amended

These provide for use and storage of hazardous material such as highly
inflammable liquids like HSD/LPG. Contractor will need to ensure compliance to
the Rules; and in the event where the storage quantity exceeds the regulated
threshold limit, the contractor will be responsible for regular safety audits and other
reporting requirements as prescribed in the Rules.

27.The Explosives Act 1884 and the Explosives Rules, 2008

These provide for safe manufacture, possession, sale, use, transportation

and import of explosive materials such as diesel, oil, lubricants etc. and also for
regulating the use of any explosives in blasting and/or demolition.

28.The Mines Act, 1952 and as amended; the Minor Mineral and Concession
Rules, as amended and the State Mineral (Rights and Taxation) Acts as may
be in force

67 SOE/ACR/GAN/984
 These provide for safe and sound mining activity. The contractors will
procure aggregates and other building materials from quarries and borrow areas
approved under such Acts. In the event the contractors open any new quarry
and/or borrow areas, appropriate prior permission from the concerned authority
will need to be obtained. Contractor will also need to ensure full compliance to
these rules and any conditions imposed in the permit.

29.Motor Vehicle Act, 1988 and amendments thereof (and State Motor
Vehicle Act as may be in force)

The Motor Vehicles Act, 1988 regulates all aspects of road transport
vehicles. It provides in detail the legislative provisions regarding licensing of
drivers/conductors, registration of motor vehicles, control of motor vehicles
through permits, traffic regulation, insurance, liability, offences and penalties, etc.
This act will be applicable for all construction equipment/plant and machinery
including vehicles deployed during implementation.

30.Motor Vehicle Rules, 1989 (and State Motor Vehicle Rules as may be in
force)

For exercising the legislative provisions of the Motor Vehicles Act, the
Government of India made the Central Motor Vehicles Rules, 1989.

68 SOE/ACR/GAN/984
 SECTION 4: CONTRACT DATA
The following Clauses/ documents and details are also part of the Contract.
S. No. Clause Clause Reference
1 The Schedule of other Service providers [8]
2 The Schedule of key Personnel [9]
3 The Methodology and Program of Construction [27]
4 Site Investigation reports [14]
5 The Employer is [1.1]

Name: State Project Director; GCSE-SS;

Address: Sector-17; Gandhinagar – 382017

Name of Authorized Representative: Dr.Ratankanvar H.

Gadhavicharan

6 The Engineer is [1.1]

Name: State Project Engineer; Samagra Shiksha;

Address: Sector – 17; Gandhinagar – 382017

Name of Authorized Representative :…Mr.H.R.Tanna

7 The Adjudicator appointed jointly by the Employer and [1.1]
Service provider is:

Name: ………………………………………..

Address: ..........................................................

8 The Name & Identification no. of the contract is [1.1]

Construction of 19 Classrooms at various Location

in GANDHINAGAR district.

SOE/ACR/GAN/984

9 The Start Date shall be the date of Work Order [1.1]

10 Up to 4 Classrooms 6 Months from the date of [17, 28]
Work order
More than 4 Classrooms 11 Months from the date
of Work order

11 The Service provider shall submit a revised program for

the works within 15 days of delivery of the Letter of
Acceptance [27]

12 The site possession dates shall be the date of

possession of all parts of site to the service provider [21]

69 SOE/ACR/GAN/984
13 The site is located at GANDHINAGAR District. [1]
14 The defects Liability Period: Three years from the
certified dates of completion
[35]
15 The period between program updates shall be 30 days [27]

16 The Amount to be withheld for late submission of an [27]

updated program shall be Rs. 150000/-

17 The language of contract documents is English [3]

18 The law which applies to the contract is the laws of Union
of India [3]

19 The currency of the contract is Indian Rupees [46]

20 Fees and types of reimbursable expenses to be paid to [25]
the Adjudicator Fees Rs. ________/- per day

Actual taxi fair and lodging and boarding actual charges

limited to Rs. 1000/- per day.

21 Appointing Authority for the Adjudicator [26]

State Project Director, GCSE, Gandhinagar

22 The proportion of payments retained (retention money)

shall be 5% from each bill. [47]

23 The liquidated damage is 0.1% per day school wise. [48]

24 The maximum amount of liquidated damages for each [48]
school is 10% of final contract price for the school.

25 The securities shall be for the following minimum amount [49, 24.4]
equivalent as a percentages of the contract price

Performance security for 3% of contract price plus

Rs………………* as additional security

* To be filled up after determining the amount as per

Instructions to Service Providers Clause 24.4

26 The following events shall also be fundamental Breach of [55.2

contract: The service provider has contravened sub –
clause 7.1 and clause 9.0 of GCC

27 The percentage to apply to the value of the work not [56]

completed representing the Employer’s additional cost
for completing the works shall be 20%

18 The date by which “as built” drawing in two sets are

required is within 28 days of issue of

70 SOE/ACR/GAN/984
 certificate of completion of whole of work. The amount to
be withheld for failing to supply “as built” drawing by the
date required is Rs.1,50,000/-.

Insurance requirements are:

[13]
S.No. Impact Minimum Cover Maximum deductible for
for Insurance Insurance
(i) Works and of Plant and Materials in Contract Value 5% of Service provider
respect of the service provider’s faulty Value
design
(ii) Loss or damage to Equipment Not required -
(iii) Other Property Not required -
(iv) Personal injury or death insurance: Rs 1,00,000 -
a) for other people;
b) for Service provider’s Employees In accordance with the statutory requirements
applicable

71 SOE/ACR/GAN/984
SECTION 5: SPECIFICATIONS & GENERAL CONDITION OF CIVIL WORKS

GENERAL NOTES:

1. All items mentioned in bill of quantities in section VII shall be carried out strictly in
accordance with the Gujarat (R & B) specification book of latest edition, with up-to-
date correction slips, which are available with Gujarat (R & B) Br. on payment.
2. The rates quoted against each item of the bill of quantities in section VII are for
complete work including cost of all materials, labours, tools and plants and water etc.
unless otherwise.
3. All clauses and notes given in the Gujarat (R & B) schedule of rates latest with up-to-
date correction slips applicable to all items mentioned in bills of quantities in section
VII.
4. The description rates units etc. of above schedule shall be corrected as per Gujarat
(R & B) schedule of rates latest first edition, in case of any error or omission.
5. Chapter number with items referred to above are of Gujarat (R & B) schedule of rates,
latest edition corrected up to – date.
6. The Service provider shall provide such recesses, holes, openings etc. as directed
by Engineer and as required for the electrical/sanitary work. Nothing shall be payable
on this account.
7. The reinforcement shall be measured in length including hooks if any and the
payment shall be maid accordingly. It shall not include overlaps, wastage couplings,
welded joints, spacebars, chairs, stays, hangers and steel binding wires. As per
Government of Gujarat Road and Building Department circular no. PDW-10-2017-
01-C Dt:-15-02-2017.
8. If the documents provided by the service provider for payment of royalty is insufficient
the employer shall taken guaranty of Rs.300/- on stamp paper before releasing the
security deposit. As per Government of Gujarat Road and Building Department
circular no.TNC-10-2013-(4) C Dt:-08-08-2014.
9. Irrespective of what is stated in Para 6 of general rules of Gujarat (R & B) schedule
of rate, latest edition, no carriage of cement, steel and bricks or any other type of
materials shall be admissible irrespective of any lead involved.
10. The Service provider shall see that necessary holes are provided in RCC and
masonry works as required for plumbing work at the time of execution as directed

72 SOE/ACR/GAN/984
 without any extra payment. The necessary opening shall be made in the portion of
wall wherever, directed by engineer in charge and the same will be properly finished.
The work as above is to be executed without any extra cost. It may be noted that
necessary deductions for such portions of gaps shall be made from the relevant items.
11. Actual quantities of completed and accepted work shall only be paid.
12. No pits shall be dug by the service provider near the site of work or within road
land/Govt. land for taking out earth for use on the works. In case of default, the pits
so dug will filled in by the department by the cost of the service provider plus 14%
departmental charges.
13. The rates to be quoted by the service provider shall be inclusive of octree, terminal
tax, royalty and all other taxes and charges. These are for complete work in all
respects.
14. The royalty, if any shall be paid by the service provider direct to the respective
department in accordance with their rules and regulations in forces from time without
intervention of the GCSE-SS.
15. All other taxes shall be paid by the service provider direct to the respective
department in accordance with their rules and regulations in forces from time without
intervention of the GCSE-SS.
16. Any trees, branches, bushes, crops etc which may be required to be cut during the
execution of the work shall be handed over to the GCSE-SS or disposed off as
directed.
17. The contactor shall be required to keep at the site of the work One qualified Engineer
(Degree Holder) with at least 5 years’ experience with suitable supplementary staff
according to the requirement of work.
18. The Service provider shall be responsible to arrange for insurance of all labours,
skilled and un-skilled, supervisors etc. employed by him as per labour regulation of
State
19. The Service provider should submit an As-Built drawing to the state after completion
of work (school wise) containing existing building and new expansion of the building,
with all utility services i.e plumbing internal & external, electrification internal &
external, rainwater harvesting pit and pipeline, chamber, manhole, septic tank, sock
well, etc, nothing shall be payable on this account
20. The Service provider should submit the photographs of the school in the chronology
of before and after school wise after completion of the project, the photograph should
contain classroom, campus, toilet, internal & external utility, etc..No separate amount
shall be payable on this account.
73 SOE/ACR/GAN/984
21. The Service provider must have to follow the building flush-out process, after
completion of main civil works and painting process. All doors and windows should
be open for 10 days before handover to the authority. The necessary arrangements
shall be arranged for the security of the building. Fixtures (electrical & plumbing, etc)
can be installed after the building flush-out process is complete. Nothing shall be
payable on this account.
22. The service provider must have to obtain necessary permits, approval, permission
from the respected authority. Nothing shall be payable on this account.
23. The Service Provider shall strictly abide by the Environmental Management Plan
(including health and safety requirements) provided under Section 9.

24. Other specifications and general conditions of civil work

A. TESTING OF MATERIALS AND WORKS

i. All materials before being utilizes shall be inspected by Technical Resource
Person & District Project Engineer. Approved materials shall only be used
ii. The nature and number of testing are as per frequency and acceptance criteria
for materials as given in the documents.
iii. Testing shall be carried out by both service provider & third-party consultant
appointed for respected districts by GCSE-SS.
iv. The service provider shall allow facilities and co-operation towards collection of
sample, provide labour for collecting, packing and transporting samples.
v. An authorized representative of service provider shall remain present at the time
when samples are taken falling which engineer in-charge will take samples and
shall be consider authentic.
vi. The day to day and periodical test carried for materials, mixes and placed
concrete at the laboratory shall consider authentic by service provider. It shall be
then service provider responsibility to produces the works, materials and finish
items to the slandered based on laboratory design and test.
vii. The service provider shall supply all material required for testing free of cost.
viii. Testing charges shall be borne by service provider for the test carried out by him
and employer shall bear testing charge for the test carried out by third party.

B. CONVERSION OF UNITS
Wherever in the contract agreement dimensions and units have been expressed in
FPS system, he same will be converted into METRIC systems units by applying the
74 SOE/ACR/GAN/984
 standard conversion table of INDIAN STANDARD INSTITUTION so as arrive at the
corresponding figures arithmetically and the service provider will have to accept the
figures so and the service provider will have to accept the figures so derived without
any claim or compensation whatsoever.

C. CLIMATIC CONDITIONS
The engineer may order the service provider to suspend any work that may be subject
to damage by climatic conditions and no claim of the service provider will be
entertained by the employer on this account

D. FOUNDATIONS DEPTHS/LEVELS
The drawings indicate the general foundation levels to be adopted for the different
conditions of the structures. During execution these levels may be modified to suit the
site conditions. The service provider shall be not be liable to any compensation for
any minor delays on this account. However, this may be considered for granting
suitable extension in the completion period, if necessitated by such events.

E. APPROACH ROAD
Necessary haul road and roads to water sources and quarries counted with the works
shall be satisfactorily constructed and maintained by the service provider at his on
cost.

F. SERVICE PROVIDER TO USE EXCAVATED HARD ROCK.

All useful materials like hard etc. excavated by the service provider at site shall be the
property of employer.

G. SUPPLY AND ARRANGEMENT OF THE MATERIALS.

The service provider shall make his on arrangements for supply of materials including
cement, tiles, paints and steel procured from the major manufacturers. These shall
be as per the list of approved material attached in the document.

19. The service provider shall be responsible for all transportation of the materials at site
and shall bear all the related costs. The engineer shall provide reasonable assistance
for such inspection or examination as may be required.

75 SOE/ACR/GAN/984
20. The items which are not provided in the Gujarat Schedule of rates and contract
schedule of rates but as executed at site will be paid at rate decided by the State
Project Engineer, GCSE and his decision will be binding upon the service provider.

21. All items in this contract schedule of rates subject to the footnote given in the
schedule of rates or latest edition.
22. For all items work will be executed as per R & B, Gujarat Specification District Project
Engineer/Taluka Resource Person, Samgra Shiksha.

76 SOE/ACR/GAN/984
 STATEMENT SHOWING THE FREQUENCY OF TESTS AND STANDARD FOR
ACCEPTANCE

Sr. Building Materials Test Frequency of Tests Acceptance Criteria

No. To Be Carried Out
(1) (2) (3) (4)
1 CEMENT (As per IS 12269 & 4031) On every change of brand per
Site.
(A) Setting Time 0 to 50 tones-1
Sample
Initial 50 to 100 tones – 2 Not Less than 30 Minutes
Sample
Final 100 to 200 tonnes – 3 Not more than 600 minutes
Sample
(B) Fineness 200 to 300 tonnes – 4 90% or more passed from 90-
(Sieve)(I.S. Sieve -90 Sample micron sieve
Micron) 300 to 500 tonnes – 5
(C) Consistency Test Sample Above 30%
(D) Compressive Strength 500 to 800 tonnes – 6 For
Sample OPC
800 to 1300 tonnes – 7 27 on third day
Sample MPa
1300 & above tonnes – 8 37 on seventh day
Sample MPa
53 on twenty eighth day
MPa
(E) Fineness test through 225 Sq.m./Kg more for OPC
specific surface 300Sq.m./Kg more for PPC
(F) Soundness Max 10 mm
(Lechatellier)
(F) Chemical analysis I.S. One Test On every Five 1. Magnesium oxide less than 6%
4032-986 Sample 2. Sulphur Trioxide less than 2.75%
3. Ignition loss up to 5%
4. Chloride content less than 0.1 %
2 SAND(As per IS 2386 & 1 Sample on every 150 On every change of river per
383) Cmt Sites.
(A) Silt content Up to 3% for natural Sand
(B) Gradation(Sieve) [One season = 2 As per IS 2386 Part-1, Clause 2,
Sample % passing for Zone Wise
(C) Fineness i.e. (2.1To 3.2) Specification as per
modulus(F.M.) prior to monsoon specified standard.
and No sand of Zone -IV shall be
after monsoon] used.
(D) Specific Gravity As per Latest Indian Standard
(E) Bulk Density Kg/M3 As per Latest Indian Standard
(F) Soundness % 10% with Na2So4 & 15% with
Mgso4
(G) Water Absorption % Up to 2% (As per Morth)
3 GRIT (0-10mm), KAPACHI (10-20mm), Metal (40-20mm) or (63-40mm)(As per IS 2386
& 383)

77 SOE/ACR/GAN/984
 `On every change of Quarry per Site.
(A) Gradation (Sieve) 1 Sample on every 150 As per Table 9 (Cl 6.3) % passing
Cmt for Zone Wise
(B)Flakiness & For Grit, Karachi or Least dimension is less than 3/5
Elongation Index Metal of mean dimension. Combined
Index shall not exceed 40% for
[One season = 2 Aggregates.
(C) Aberration Value % Sample As per Latest Indian Standard
(D) Specific Gravity i.e. As per Latest Indian Standard
(E) Bulk Density Kg/M3 prior to monsoon As per Latest Indian Standard
(F) Water Absorption % and Up-to 2% (As per Morth)
(G) Crushing Value % after monsoon] As per Latest Indian Standard
(H) Impact Value % As per Latest Indian Standard
(I) Soundness % 12% with Na2So4 & 18% with
Mgso4
4 Bricks (As per IS 1077 & 3495) On every change of Mark per
Site.
(A) Effloresce test 1 Test per 30000 No. As per Latest Indian Standard
(B) Water absorption test of Bricks per Site Not more than 20%
(C) Compressive strength Not less than 35 Kg./Sq.cm. and
test individual result may not fall
below up to 20%
(D) Dimension Tolerances As per Latest Indian Standard
5 Bela stone (As per IS 2 Sample per Season On every change of Quarry per
1123, 1597 &1128) Site.
(A) Water Absorption [One season = 2 As per latest Indian Standard
test Sample 1597-Part-I
(B) Compressive i.e. As per latest Indian Standard of
strength (Dry & Wet) prior to monsoon 1597-Part-I(In Kg/Sqcm)
(C) Dimensions and -
(D) Specific gravity after monsoon] As per latest Indian Standard of
1123-1975
6 Aerated concrete IS 2185, 6441 & 3346 On every change of Brand per
blocks Site.
(A) Dimension 1 Test per 10000 No. of Max. variation in length shall not
Blocks per Site be more then ±5mm and max.
variation in height & width shall not
be more than ± 3 mm
(B) Compressive Strength As per Latest Indian Standard
IS 2185/2 T-1 (4 to 7 N/Sq mm)
(C) Thermal conductivity Average 0.24 to 0.42W/m2K as
suggested in IS 3346-1980
(D) Dry Density (gm/cc) As per Latest Indian Standard
(E) Drying Shrinkage As suggested in IS 6441 (part-2) -
1972
7 Tile / Mosaic / Plain One Test per Site On every change of Brand per
Flooring As per Site.
IS13630
(A) Water Absorption Test Not more than 3%

78 SOE/ACR/GAN/984
 (B) Transverse Strength Wet tiles – 80 Kg./Sq.Cms.
test (Minimum)
Dry tiles – 120 Kg./Sq. Cms.
(Minimum)
(C) Dimension & Thickness As per Latest Indian Standard
(D) Modulus of Rupture As per Latest Indian Standard
(E) Flexure Strength Max 3500 Kg/Cm
(F) Wrapping Test As per Latest Indian Standard
(G) Abrasion test Average wear shall not exceed
3.5 mm
8 Water As per IS 3025& Site Wise On every change of Source per
456 Site.
Chemical analysis Another test may be carried out if the result appears to be
doubtful*
9
Cement concrete cube test As per IS 456-2000 and IS 516
Quantity Nos. of samples (as Required Characteristics
per site per day) Compressive Strength of 150mm
1 to 5 Cmt. 1 x 1500mm x 150 mm cube at 7
6 to 15 Cmt. 2 days and 28 days in N/sq.mm as
16 to 30 Cmt. 3 per Table2 Grades of Concrete
31 to 50 Cmt. 4 (Clause 6.1, 9.2.2, 15.1.1, and
51 & above Cmt. 3 + 1 sample 36.1)
After 50 cmt
Concrete, 1 Sample = 6 cubes
At every 50 Cmt. 1 Three cubes for 7 Day testing
Sample Required. Three cubes for 28 Day testing
10
Steel bars for reinforcement (1 Sample per On every change of Brand per
40MT/Dia.) Site.
For, TMT/HYSD (FE500/500D) or CRC steel
bars.
(A) Yield Stress As per Latest Indian
(N/Sqmm) Standard
(B) Ultimate Tensile 228,1786, 1599 &
Stress (N/Sqmm) 1608
(C) Stress Ratio
(D) Elongation %
(E) Unit Weight per Rmt
(F) Bend test
(G) Chemical Test One Test per Brand Contain of Carbon, Sulphur,
Phosphorus
11
Paver and Kerb Stone 1 Sample per On every change of Brand per
Grade/color Site.
(A) Comp. Strength As per Latest Indian Standard
456-2000
12
Indian Teak Wood (As per IS 3629,883 & 4970) On every change of Origin per
Site.
(A) Moisture Content % 1 Sample per Season As per Latest Indian Standard
(B) Modules of As per Latest Indian Standard
Elasticity

79 SOE/ACR/GAN/984
 (C) Specific Gravity [One season = 2 As per Latest Indian Standard
(D) Density Sample As per Latest Indian Standard
(E) Anatomical i.e. Like Rays, pores, Soft tissues &
Features prior to monsoon others As per Indian Standard
(F) General Features and Like Color, Hardness, Weight &
after monsoon] others As per Latest Indian
Standard

*Chemical Analysis
Sr. No. Chemicals Permissible Limit (Max)
1 Organic Solids Up to 200 mg/lit.
2 Inorganic Up to 3000 mg/lit.
3 Sulphates (SO3) Up to 400 mg/lit.
4 Chlorides (CI) Upto2000mg/lit. (P.C.C), Up to 500 mg /lit. (R.C.C)
5 with 0.02 N, NaOH. 5 ml maximum. (In 100ml of water)
6 with 0.02 N, H2SO4 25 ml Maximum (In 100ml of water)
7 TDS Up to 2000 mg/lit.
8 PH Value 6 to 8

NOTE:
1. Tests as may be directed by Engineer in charge irrespective of provisions shown
above shall have to be got conducted.
2. Above mentioned all the tests of the materials required shall be carried out for
materials required in construction of each and every site.
3. Collection of samples, testing of the same and testing report submission shall be
carried out by both third-party consultants appointed for respective district by GCSE-
SS & Service provider. Testing shall be carried out from Govt. approved laboratory.
4. 10% of each material & concrete cube sample testing shall be carried out from GERI.

80 SOE/ACR/GAN/984
 List of Approved Materials

Sr.No. Material Approved Brand Remarks

1 Cement All major plant Cement OPC 53 Grade
Cément
Sail, Tata, Vizag, Electrotherm, Akshat, TMT Fe – 500 D
Diamond, Nilkanth, Rudra, Mono, Grace,
Friends, National, Gallant, Utkarsh, German
T.M.T./CRS Steel TMX, ASR, Vibrant, Prime Gold, KOTHI
2
GOLD, Pollad, Parmeshwar God
Sail, Tata, Electrotherm, National, Gallant, CRS Fe –500
ASR,Mono
3 Ceramic Tiles, Somani, Kajaria, Asian, Pavit, Nitco Swastik,
Vitrified Tiles, City, Zealtop, Marbito, Riwasa, Kohinoor,
Glazed Tiles Dakshinamurti, Vermora, Sakar
Marbo,Crystal,Cengres,
4 Acrylic / Oil Nerolac, Asian, Berger, Magic brand, Indocem,
Paint/Low VOC Dulux
paint
5 CPVC / UPVC Astral ,Supreme, Finolex, Precision, Dutron,
Pipe Prince Mumbai
6 Wheel Valve / Zoloto, Zest, Sant, Leader, Samrat
Handle Valve /
Sluice Valve
7 Rain Water Pipes / Astral, Prince Mumbai, Supreme, Finolex,
SWR Pipes & Pricision, Dutron,
Nahni Trap
8 W.C. Pan, Cera, Jaquar, Hindustan, Parryware, HR
European Pan, Jhonson
Wash Basin/water
fixtures
9 Kitchen Sink Nirali, Navkar
10 Water proofing Roof, Fosroc, Pidilite, Sika, Prema, Cico,
compound Fairmate, Lion, Magic brand, Indocem
11 Glass Saint Gobain, Asahi, Modi
12 Mortar mix for Ultratech, Rapidfix, Lion,Fairmat, Magic brand,
aerated block Indocem
13 Pvc Water tank Sintex , Kaka, Dutron
14 Furniture to be • HOF Furniture Pvt. Ltd.
supplied of the • Parin Furniture Ltd.
manufacturing • Godrej
company • Quality Furniture & Project Pvt. Ltd.
• D_Firm Modular System Pvt. Ltd.
• wipro

Note:
i) The GCSE reserves the right to reject any of the above brands. Any of the above
brands if not available in the market the product of the similar specifications shall
be approved before procurement of such material.

81 SOE/ACR/GAN/984
 ii) Brands/products registered with IGBC (under Green Pro) and GRIHA (for green
products) would be given preference.

GENERAL CONDITION FOR CIVIL WORKS

1. For all purpose connected with the work, the service provider is required to make
his own arrangement for sufficient supply of water in such quantity and of such
quality and at such places on the work is necessary. The rate quoted in the tender
for completed items of works and shall cover supply of water as directed.
2. All fixtures and fastening required for satisfactory completion of item of work even
though not specifically indicated.
3. All the materials required to be used in the item of the work like vitrified tiles, Polish
Kotah stone, Oil paint and acrylic exterior emulsion etc. shall be got approved from
the District Project Engineer before put to use in the items of work.
4. Item of “Demolition” has not been included in BOQ. However, it required to be
executed, the same shall be paid as per Prevailing R & B SOR increase or
decrease by which the approved tender amount is more or less than the estimated
amount. The material which can be used and saleable shall be handover to School
Management Committee.
5. Foundation to be approved from Third party consultant before concreting.
6. All the reinforcement to be checked from Third Party consultant before concreting.
7. All the concrete items should be executed in presence of representative engineer
of Third Party Consultant.
8. If required framed structure building may be converted in to load bearing due to
bearing capacity of soil items to be executed shall be paid as per approved tender
rates only.
9. Date of casting, grade of concrete and identification mark shall be written with oil
paint on all structural members, as soon as the formwork has been opened.
10. No use of asbestos or components/fixtures having asbestos shall be used in the
works.
11. Rainwater from the rooftop should be taken to recharge pits to allow maximum
recharge. The pits should be designed as per local geology/soil conditions.
12. Low flow fixtures should be provided adhering to IGBC/GRIHA norms.
13. 4-5 Star Rated Energy Efficient fans should be provided having power consumption
less than 50 w.

82 SOE/ACR/GAN/984
14. Concrete mix with fly ash content should be used for structural work as it will help
to reduce water consumption by 5-10%..
15. Gunny bags and pounding should be used for moist curing to prevent evaporation
of moisture content from the concrete mix.
16. For dust suppression activity, water spraying/sprinkling needs to be used over
pouring.
17. In order to wash the wheels of heavy vehicles, trough type arrangement shall be
done instead of manual washing.
18. Wherever possible and subject to Engineer/Employer’s permission, building
materials with recycled content and lightweight materials can be considered to
reduce the embodied energy and the time of construction.
19. Work site barricading should be done with GI sheets tied appropriately to prevent
fall or injury to anyone. The service provider have to bear the cost of barricading,
no payment will be made on account of this.

83 SOE/ACR/GAN/984
 Special Note
(i) Special conditions for controlled cement concrete
(1) In the R. C. C. work, controlled cement concrete is being used. For that, cement,
aggregate and sand sources should be finalized and samples submitted to govt
approved labs for the mix design of concrete. The cost of mix design will be borne by the
contractor. The mix design should be submitted to the laboratory after receiving work
order and no additional time limit shall be given.

(2) During construction, only the approved mix design material can be used, if source of
material has changed then service provider must get the mix design approved from the
laboratory. The cost of re-test should be borne by the service provider.

(3) Circular No. of Government Roads and Buildings Department: SOR / 1085/7/H (1) dated
08/12/1986 Dt 11/05/2017. The quantity of cement to be used for the maximum water
cement ratio for different grades of concrete while designing the mix is as follows.
The amount of cement to be
Concrete Maximum water
used is Kg. /m3
grade cement ratio
Minimum Maximum
M-150 0.60 240 290
M-200 0.55 300 360
M-250 0.50 300 380
M-300 0.45 320 410

In the Concrete works, during the payment the deduction will be made if the use of
cement is less then maximum consumption stated above, the amount will be calculated
as the difference of maximum cement consumption and actual cement consumption, the
rate will be considered as tender rate. There will be no payment for the cement use
above the maximum cement consumption.
The basic rate of cement is to be considered from the SOR of respective year, the
reduction in the basic rate will be based on the quoted tender rate.
(4) All the RCC works must executed using way-batcher only, the cost of calibrations shall
be borne by the service provider. Service provider should ensure that the way-batcher
is available in working condition during the entire period of work.
(ii) Flooring
After the completion of the flooring work, the service provider will have to apply Plaster
of Paris layer if additional work is to be done in the facility. This must be undertaken at
his own cost. The service provider has to do cleaning before handing over the
possession and there will be no additional payment for it.
(iii) Thickness of bed for tile flooring
When carrying out the work of laying different types of tiles in construction, as per the
layout or the details given by the Engineer in-charge, the thickness of bed can change.
The service provider takes consideration of this condition during bidding the tender.
There will be no additional payment made for it.
(iv) Special conditions for water to be used in construction.
If the service provider has dug a borewell for water supply for the work, then after the
completion of the work, the pumping machinery must be removed from the bore and a
cap on the bore should be put. The casing pipe should not be removed from the
borewell. The service provider has to handover the borewell and pumping machinery

84 SOE/ACR/GAN/984
 to the concerned TRP free of cost. No payment will be made to the Service provider for
it.
(v) Verification of quality of goods and construction by third party agency.
A separate agency shall be appointed by the State Project Office for third party quality
assurance and technical audit. Third party representatives will visit the site as and when
required and take samples of the construction materials for test and monitor the work.
Service provider has to provide necessary cooperation in this regard. Appropriate
action should be taken by the service provider on the comments/ remarks given by third
party agency without any additional cost.
(vi) Details of Brick.
1. Only bricks with fog will be allowed to be used in construction
2. No price escalation will be allowed for fogged bricks
(vii) Precautions
1. Residents of the adjoining building shall not be disturbed, or property damaged
during the construction period, all precautionary measures will be taken by the
service provider at their own expense and risk.
2. During the time of construction, the service provider shall take all precautionary
measures to avoid any damage to the existing school structure/compound at his
own cost and shall minimize accident risk to students and teachers in the school.

85 SOE/ACR/GAN/984
 SECTION 6: DRAWINGS

Note- separate attachment along with the tender document.

86 SOE/ACR/GAN/984
 SECTION 7: BILL OF QUANTITIES

Note- separate attachment along with the tender document.

87 SOE/ACR/GAN/984
SECTION 8: FORM OF BID SECURITY (BANK GUARANTEE)

BID SECURITY (BANK GUARANTEE)

WHEREAS, _______________________ [name of Service Provider] (hereinafter

called "the Service Provider") has submitted his Bid dated
_______________________ [date] for the construction of __________________
___________________ [name of Contract] (hereinafter called "the Bid").

KNOW ALL PEOPLE by these presents that We

______________________________ [name of bank]
of____________________________ [name of country] having our registered office
at ______________ _____________________ (hereinafter called "the Bank") are
bound unto_ _ __ ___________ _______________[name of Employer] (hereinafter
called "the Employer") in the sum of ___________________ 1 for which payment well
and truly to be made to the said Employer the Bank binds itself, his successors and
assigns by these presents.

SEALED with the Common Seal of the said Bank this_________ day of __________
20____.

THE CONDITIONS of this obligation are:

(1) If after Bid opening the Service Provider withdraws his bid during the period of
Bid validity specified in the Form of Bid;
or
(2) If the Service Provider having been notified of the acceptance of his bid by the
Employer during the period of Bid validity,
(a) fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Service Providers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with
the Instruction to Service Providers; or
(c) does not accept the correction of the Bid Price pursuant to Clause 27,

we undertake to pay to the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided
that in his demand the Employer will note that the amount claimed by him is due to
him owing to the occurrence of one or any of the three conditions, specifying the
occurred condition or conditions.

This Guarantee will remain in force up to and including the date

____________________2 days after the deadline for submission of Bids as such
deadline is stated in the Instructions to Service Providers or as it may be extended by
the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand
in respect of this guarantee should reach the Bank not later than the above date.

88 SOE/ACR/GAN/984
 DATE _______________ SIGNATURE OF THE BANK
_________________________

WITNESS ____________ SEAL _______________________________________

_________________________________________________________________
[signature, name, and address]

____________________________

1 The Service Provider should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in Clause
16.1 of the Instructions to Service Providers.
2 45 days after the end of the validity period of the Bid. Date should be inserted by the
Employer before the Bidding documents are issued.

89 SOE/ACR/GAN/984
 SECTION 9: Environment & Social Requirement
The Service Provider shall take all reasonable steps to protect the environment on and off
the site and to avoid damage or nuisance to persons or to property of the public or others
resulting from unsafe construction practices, pollution, noise, or other causes arising as
consequence of his method of operation.
The Service Provider will abide by the Environmental, Health and Safety (EHS) measures
listed in the Environmental Management Plan (EMP) given below. The applicability and
implementation of a particular Environment Management Measure will be based on the
need and relevance to specific site conditions which will be determined by the Engineer as
defined in the Contract Data. The Service Provider is free to adopt any similar or superior
environment, health, and safety management practices with the caveat that the process
should meet the basic minimum requirements as stated in the EMP provided in this section.
The Service Provider shall include the EMP requirements in the Program of Works and the
costing for the works. The requirements stated in the EMP should therefore be studied
properly and the bid should be priced accordingly. All items shall be deemed incidental to
work unless otherwise provided for in the price schedule. No separate payments shall be
made for implementing these measures.
The Engineer’s check and certification for payment, in accordance to requirements under
Clauses of GCSE, shall include the performance review of the Service Provider with regard
to compliance of the Environmental Management Plan. Adverse impact/s on the
environment caused due to non-adherence of legal and/or EMP requirements during pre-
construction stage, execution of civil works or at the works completion stage shall be made
good at Service Provider’s own expense.

S
.
N Activity/Aspect Measures to be Taken/Implemented by the Service Provider
o
.
A. Pre-construction Activities to be carried out by the Service Provider
1. WorkProgram/ a) The Service Provider’s Project Manager(s) in the office and at
Planning the site shall be responsible for the over-all implementation of
EMP provisions and will coordinate implementation of the said
plan with the concerned agencies, stakeholders, and internal
staff/ workers.
b) Immediately after mobilization and as part of the Work
Program, the Service Provider shall submit a plan including a
method statement and timeline about specific actions that will
be taken to implement the provisions mentioned in the EMP.
The method statement will specifically include among other
environmental, health and safety aspects, a Construction
Safety Plan, and a Debris/Waste Management Plan.
2. Information a) Project Information Board showing the name of work, project
Dissemination cost, duration, date of commencement, date of completion,
executing agency and contact details (including telephone
number/s) for providing suggestions/filing grievances shall be
displayed prominently in both English and in vernacular.

90 SOE/ACR/GAN/984
 S
.
N Activity/Aspect Measures to be Taken/Implemented by the Service Provider
o
.
a) Advance information and periodic update (at least once in a
month) about construction schedule, safety measures,
pollution abatement measures and other such details shall also
be displayed.
3. Regulatory/ statutory a) Prior to construction commencement, the Service Provider
clearances/ approvals shall obtain all requisite statutory clearance/s for setting-up
construction camp including labor camp; plants/equipment;
use of material sources etc. as required in the light of
central/state acts/regulations that apply to this work.
a) Service Provider will coordinate with Employer to plan and
dispose off at pre-approved location/s any
unserviceable/unusable/debris resulting from demolition of
existing structure/s in line with C&D rules.
b) The Service Provider shall obtain Labour License and all
required insurance as specified in the contract conditions from
the concerned authorities. Originals will be checked/verified by
the Engineer and a copy shall be available at the site office at
all times.
c) The Service Provider is required to abide by all conditions laid
out in the said clearances/consents given by the regulatory
authorities.
4. Consultation and a) Service provider shall ensure that temporary inconvenience/
Consent/s disruption to school activities during execution of civil works
needs are avoided/minimized. Specific consultation and
permission of the school principal/head teacher would be
required before starting the work.
b) The Service Provider shall consult and obtain written consent/s
of landowner/s for temporary use of land for all construction
related activities including that for setting-up and operation of
construction (including plant site) and/or labour camp, if such
land belongs to private individuals or entities.
c) The Service Provider shall consult the Employer and obtain
written consent for temporary use of land for setting-up and
operating a construction yard or camp, including toilets and
other amenities, if the premises or such land is owned by the
government or its agencies.
5. Construction a) The Service Provider shall construct his own site office,
Camp/Plant Site store/material yard and labour camp with facility for water,
sanitation/toilets, electricity, safety, security, and other
requisites.

91 SOE/ACR/GAN/984
 S
.
N Activity/Aspect Measures to be Taken/Implemented by the Service Provider
o
.
a) Location: The Service Provider will construct/erect
construction camp/ plant only after due written approval of the
Engineer-in-Charge is obtained. Construction plant/s will be
located away from residential areas, preferably in the
downwind direction.
b) Campsite shall be located and constructed in a manner that
minimizes interface with host/local communities or their
resources and ensures safety of its residents and surrounding
people.
c) Material stocks/yards shall be located (preferably in the
downwind direction) and covered so as to prevent dust
pollution that may affect near-by residents/users.
6. LabourCamp a) All workforce is to be provided with suitable accommodation, if
Establishment and required or they can return to their places of residence after the
Management end of day’s work. Pooled transportation facilities as may be
required, will be provided by Service Provider.
a) The location, layout and basic facility provision of labour camp
will be submitted to Engineer prior to its construction.
b) Accommodation and Basic Amenities
The Service Provider will follow all relevant provisions of the
Building and the other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 and other
conditions stated in the EMP for construction and maintenance of
labour camp.
• All weather shelter with the required tenement size, toilets,
bathrooms and washing area shall be provided, as per
provisions of the Labour Laws.
• Separate toilet facilities and bathrooms shall be provided for
the women workers.
• If a common mess is not provided/operated, additional space
for cooking shall be provided.
• The Service Provider will maintain necessary living
accommodation and ancillary facilities in functional and
hygienic manner.
• The Service Provider will construct and maintain all labour
accommodation in such a fashion that uncontaminated clean
water is available for drinking, cooking, bathing and washing.
• Fans and proper ventilation (turbine type ventilators) will be
provided in labour accommodation.
• Workers will be provided with beds and no worker will be
allowed to sleep on the ground.

92 SOE/ACR/GAN/984
 S
.
N Activity/Aspect Measures to be Taken/Implemented by the Service Provider
o
.
• Necessary HIV/AIDS prevention measures will be put into
place and awareness programs at least once in a quarter shall
be organized.
c) Fuel for Cooking: Fuelwood use will not be allowed. LPG
cylinders will be provided at labour camp by the Service
Provider.
d) Potable water supply: Sufficient (minimum 20 liters at any
given point of time) and clean (potable) water for drinking shall
be placed in the mess/labour camp and at the construction site.
e) Water Supply: Water storage tank will be kept in a manner
such that the bottom of the tank is at least 1 meter above the
surrounding ground level.
f) Fire Safety: Adequate fire safety precautions shall be taken,
and the required fire safety equipment (such as fire
extinguishers) shall be provided by the Service Provider.
7. Engaging Labour/ The Service Provider will use unskilled/semi-skilled labour from
Workers the surrounding area to give the maximum benefit to the local
community whenever this is possible/feasible.
8. Traffic Management Schools may be located in congested areas and the access to
them could be through narrow streets. Therefore, before starting
the construction work at all such locations, the Service Provider
will make traffic management provisions in consultation with the
Employer and Traffic Police. The Service Provider shall make an
effort to transport materials (construction material, machinery,
pumps etc.) and wastes to and from the site in non-peak hours
from such sites.
B. Construction stage Activities to be carried out by the Service Provider
9. Site Clearance The Service Provider shall take precautions to avoid
damage to trees and vegetation in the school campus and
off-site areas of operation.
10. Sanitation a) Workers shall not be allowed to defecate in the open nor shall
they be allowed to use the toilets of the schools.
a) Proper toilets fitted with septic tank and with required hand
washing facility will be provided by the Service Provider at the
camp/labour camp and construction site.
b) The Service Provider will ensure that:
• The sewage system for the camp is designed, built and
operated in such a manner that no health hazard occurs and no
pollution to the air, ground water or adjacent water sources
takes place.

93 SOE/ACR/GAN/984
 S
.
N Activity/Aspect Measures to be Taken/Implemented by the Service Provider
o
.
• Wastewater generated from the sanitary facilities of labour
camp is disposed in a septic tank/soak pits.
• Separate toilets/bathrooms, wherever required, will be provided
for men and women, marked in English and in local language.
• Toilets are provided with septic tank/s.
• Adequate water supply is provided in all toilets and urinals.
11. Solid Waste a) Burning of wastes will not be allowed.
Management
a) The Service Provider will provide garbage bins in the camp and
construction site and it will be ensured that these are regularly
emptied, and waste is disposed off in a hygienic manner as per
the Solid Waste (Handling and Management) Rules, 2016.
b) Solid waste generated at the construction site, plant/camp site,
will be collected in covered wasted bins and segregated as
biodegradable (food waste, paper, etc) and non-biodegradable
(plastic, polyethylene bag etc.).
c) Waste food should be stored in sealed containers and
disposed of at designated/appropriate locations. Waste food or
waste from kitchen should not be thrown around the site as it
will only attract vermin/pests. Biodegradable (food waste,
paper etc.) solid waste should be disposed in a compost pit or
in a place/manner prescribed by local bodies.
d) Polyethylene/plastic wastes will be stored in empty cement
bags and should be sent for recycling.
12. Potable Water at The Service Provider shall provide potable water facilities
Worksite at the building construction site in an accessible place, as
per standards set by the Building and other Construction
Workers (Regulation of Employment and Conditions of
Service) Act, 1996.
13. Protection of Surrounding Service Provider shall take due care to protect and prevent
Properties damage/s to the following during preparatory and construction
work:
a. Existing structures next to the construction zone
a. Access/haul road/pathway
b. Structures surrounding the construction/labour camp
In case of any damage due to the construction activity or
negligence, the restoration/repairs shall be carried out by the
Service Provider at his own cost.
14. Water Logging a) The Service Provider shall ensure that civil work and related
activities such as clearing and grubbing, stacking of materials
and debris disposal are carried out in a manner that avoids
water logging.

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a) The wastewater from construction zone and/or camp sites
should not be disposed into nearby water bodies or in a manner
that causes a possibility of water logging.
15. Procurement of Materials a) The Service Provider shall not procure any kind of construction
(including water material (such as aggregates, sand, earth and water) from
extraction/use) ecologically protected and/or sensitive areas.
a) The Service Provider shall procure material from
quarries/crushers/ borrow areas that have been
approved/licensed by the State Govt. A copy of such an
approval and/or consents from the concerned authority shall be
submitted to the Engineer prior to procuring and using the
material.
b) Sand shall be procured from approved sources and vendors.
16. Worksite Safety a) Construction Safety Plan to be prepared by the Service
Management Provider will identify necessary actions during execution of
works and in the event of an emergency. Specific actions to be
taken during Demolition and Clearance of structures (if
applicable) shall be included in this plan.
a) Temporary barricades shall be provided to delineate
construction zone, including material stacking areas. The
construction area along with its labour facility, if any shall be
completely barricaded to prevent entry and accidental
trespassing of workers, staff or others into the construction site.
Warning signage shall be installed.
b) All operational areas shall be access controlled. Watch and
ward facilities at all times will be provided by the Service
Provider.
c) Proper warning signage will be installed on the access road
next to the construction site about movement of construction
machinery and vehicles.
d) Entry of unauthorized persons should be restricted. Excavation
of 1.5 meters deep or greater will require side protection unless
it is made entirely in stable rock.
e) There shall be adequate lighting arrangement at night to
prevent mishaps after construction activity ceases for the day.
f) Construction materials shall be stacked in a suitable place/
manner without obstructing the access of local residents.
Necessary measures shall be taken for smooth and safe
movement of people and vehicles.
g) Material safety data sheet record of fuel and other inflammable
chemicals/materials shall be maintained at the site. By and

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large, any such storage shall be avoided in the construction
zone as construction works are within school premises.
h) Safety signage and posters for generating awareness will be
provided at the work site.
17. Safety of Staff/Workers/ a) The Service Provider will make sure that during the construction
Labour work all relevant provisions of the Building and Other
Construction Workers (Regulation of Employment and
Conditions of Services) Act, 1996 are adhered to. The Service
Provider will comply with all the precautions as required for
ensuring the safety of the workmen as per country’s labour
regulations and International Labour Organization (ILO)
Convention No. 62 as far as those are applicable to this
contract.
a) All measures required for ensuring safety and health of the
workers shall be taken up by the Service Provider. This includes
provision and enforcement on use of appropriate personal
protective equipment; precautions to be taken during demolition
of existing structures; cleaning of sumps; first aid facilities at
camp, plant site and work zones; emergency response
arrangements; proper storage of hazardous/ toxic and/or
polluting materials; measures for ensuring electrical, fire and
mechanical safety arrangements.
b) The Service Provider shall provide and ensure enforcement
with zero tolerance the following:
• Hard hat or helmets to all workers, supervising staff and
inspecting official entering work site, plant area, and engaged in
loading/unloading/demolition operations.
• During reinforcement/fabrication operation, helmets, protective
eye wear, gum boots and hand gloves shall be provided to
labour/workers at the construction site.
• Only skilled workers will be deployed by the Service Provider for
steel bar bending and baring reinforced structures. Manual
cutting of steel bars for reinforcement will be discouraged.
Proper hand and power tools will be used to tie and cut steel
bars. Workers engaged in steel bar bending and reinforcement
will be provided helmet, suitably strong and flexible hand gloves,
and safety shoes. Bars will be stacked properly to avoid
mishaps/cuts during movement.
• Safety vests will be used by workers when on the construction
site.
• Safe access and egress for workers will be required in
excavated depth of 4 feet (1.22 mts.) or deeper and could be in
form of ladders, steps, ramps, or other safe means.
• Protective footwear, eye protection, hand gloves and nose

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masks will be provided to the workers employed. These shall be
provided to all workers handling cement, mortar, concrete, and
similar dust generating operations.
• Manual transferring of cement bags from one place to another
place will not be allowed. For this purpose, a trolley should be
used.
• Workers engaged in concrete pouring will wear alkali-resistant
gloves, cover body with long sleeves and full-length pants and
use eye protection and waterproof footwear/gumboots. After
concrete pouring, workers should be instructed to wash skin with
shop and eyes with fresh water.
• Welder’s protective eye-shields will be provided to workers who
are engaged in welding works.
• Earplugs will be provided to the workers exposed to high noise
levels.
• Nettings, if required in specific site conditions shall be provided
to prevent mishaps due to accidental fall of a workman, tool
and/or debris.
• Proper moving guards will be provided at all moving machines,
like motors and pulleys.
• While painting (such as pipes, building), mask shall be provided
to workers.
• Manual handling of heavy pumps/equipment shall be strictly
discouraged. For this, suitable lifting tools and tackles will be
used. Before use, lifting tools and tackles will be thoroughly
checked.
c) All workforce on the construction site shall be provided with
identity cards.
d) High risk areas are to be provided with warning signage.
e) The Service Provider shall conduct awareness training for the
workers to explain the use and significance of using the safety
equipment and measures to be taken on site.
18. First aid and Emergency a) The Service Provider will arrange for:
Response • Readily available first aid box including an adequate supply of
Arrangements sterilized dressing materials and appliances as per rules shall
be provided in all work zones.
• Trained first aid personal will be available at the construction
site.
• Emergency numbers will be displayed prominently at camp and
construction site.
• Availability of suitable transport at all times will be ensured to
take injured or sick person(s) to the nearest hospital. Designated

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vehicle, which can be used as ambulance, will be available at
the construction site.
a) The Service Provider shall identify nearby hospital/health facility,
which could be used in case of emergency.
b) Emergency numbers will be displayed at the construction sites
and in the camp/s, in English and in vernacular.
c) The Service Provider will make required arrangements so that in
case of any mishap in the construction site, all necessary steps
can be taken for prompt first aid treatment.
d) First aid facilities and free emergency care shall be provided to
all workforce and third party and no cost shall be recovered from
them on this account.
e) All supervisory staff shall be provided with mobile phones for
better communication across all operational areas, in case of
emergency or otherwise.
f) Assembly area will be identified and appropriately demarcated
at the worksite as well as in the camp. The workforce shall also
be trained to gather at a safe assembly point in case of any
emergency on site.
g) Periodic health checks for workers will be organised by the
Service Provider.
19. Electrical Safety a) All electrical equipment/cables/wires to be used for construction
Measures purpose shall confirm to relevant BIS specifications.
a) Service Provider will ensure that such equipment/cables/wires
are free from patent defect and maintained in good working
order (as per the manual supplied by the manufacturer) through
regular supervision and repair/replacement from time to time.
b) All power transmission lines whether cladded or sufficiently
covered are potential hazardous at construction sites.
Precautions have to be taken while working under or around
such lines/poles.
c) Electrical cables and wires will be properly arranged with proper
electrical safety. Loose electrical connections will not be
allowed at the work site or in the camp/plant site.
d) All three phase motors, electrical panels and electrical
machines, DG set etc. will be provided double earthing with
proper earth pits as per applicable IS code.
e) Red danger sign with bone & skull will be displayed as per the
Electrical Rules at three phase motors, electrical panels and
electrical machines, DG set, etc.

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f) Service Provider shall take all required precautions to prevent
danger from electrical cables, wires and equipment and ensure
that:
• No construction material will be stacked or placed below/near
power transmission lines, wires and equipment, which can be
potential danger to any workman or public.
• All such electrical installations and wirings shall be barricaded in
manner that ensure safety of the workers, operating vehicles/
equipment, and other users of the premises.
• Necessary fencing, illumination and proper insulation of the
electrical lines shall be ensured by the Service Provider for
safety and security.
• The Service Provider shall ensure proper maintenance of
electrical supply lines/ points.
• All such electrical operating units shall be switched off before
operation is closed every day or night, as the case may be.
20. COVID protocols a) Service Provider must ensure that COVID protocols,
instructions and guidelines issued by Central and State
Government are adhered to.
a) The Service Provider will maintain a roaster of workers/staff at
work site indicating their health condition and symptoms. All
workers have to be regularly checked for symptoms before
allowing entry to the work site.
b) Arrangements will be made for screening procedures (non-
physical temperature measurement), availability and use of
masks, hand washing facilities with soap, sanitization and
placing of closed bins at work sites and campsites shall be
made by the Service Provider.
c) An infected person will not be allowed from returning to the site
for 14 days or (if that is not possible) isolate such a worker for
14 days.
d) Posters and signage at/around the site, with images and text in
local language relating to personal safety, hygiene and on
COVID-19 symptoms and guidelines shall be displayed.
e) Securing the construction site with entry only for authorized
personnel and disinfecting of the worksite to be undertaken at
close of work every day may be required.
f) Depending on the number of workers, segregate lunch hours of
workers to maintain social distancing.
21. a) All precautionary measures for prevention of pollution on
account of the construction work (including both on-site and off

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Measures for prevention areas) shall be implemented as per the requirements/standards
of pollution (general) of CPCB, SPCB and in line with measures listed in this EMP.
b) Service Provider will chose/select a material source after
assessment of the availability of sufficient materials, quality and
compliance to environmental regulatory requirements.
c) Requirements for establishing and operating a batching plant
shall comply with requirement of the relevant legislations.
Necessary Consent to Establish (CTE), Consent to Operate
(CTO) and Hazardous Waste Authorization (as applicable) will
be obtained from State Pollution Control Board (SPCB), as
required.
d) The conditions imposed in CTE, CTO and/or Hazardous Waste
Authorization will be strictly complied by the Service Provider.
The discharge standards promulgated under the Environment
Protection Act, 1986 will be strictly adhered to.
e) Vehicles, equipment, and machinery for construction will
confirm to relevant Bureau of Indian Standard (BIS)/CPCB
standards. The discharge standards promulgated under the
Environment Protection Act, 1986 and Motor Vehicles Act, 1988
will be strictly adhered to.
f) Service Provider will ensure that all vehicles, equipment, and
machinery used for construction work are regularly maintained
and in good working condition. The Service Provider will ensure
PUC certificates for all vehicles/equipment/machinery used for
the works.
22. Air pollution a) Wind barriers or screens shall be provided between the building
to be constructed and the buildings located around it to
avoid/minimize impact from fugitive dust emissions.
b) The Service Provider will take every precaution to reduce the
level of dust and gaseous pollution from the work site/s.
Measures to reduce the level of dust (PM 2.5 and PM 10) will
be taken and arrangements to minimize dust pollution through
provision of wind screens/barriers, water sprinkling/mist fine
spray arrangement and encapsulation of dust source (as
required) shall be made.
c) During all dust generating operations, levels will be contained
as per Central/State Pollution Control Board norms.
d) DG set will be provided with vertical opening chimney of
adequate height as per CPCB guidelines (Height of stack in
meter = Height of the building + 0.2 √KVA).
e) Ensure all tipper trucks transporting fine materials like cement,
earth, sand etc. are loaded only up to permitted capacities and
adequately covered with wet cloth, so that en-route dust and

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spills are avoided. Alternatively, water resistant tarpaulins can
be used to cover trucks.
f) Screens of hessian cloth, agro-net and such other barricading
materials will be erected along dumped and stockpiled sites, so
that generation of dust can be minimized.
g) Cement bags will be stored and emptied in covered area to
control fugitive dust emissions.
23. Water pollution a) Measures shall be taken to ensure that wastewater from the
construction zone/labour camp doesn’t contaminate any
surface water body or the aquifer. Silt fencing must be provided
around material stacks to prevent silt/small debris from entering
drains.
b) Storage of materials like cement etc. shall be done in a manner
(with impervious layer on bottom and a covered shed on top)
that does not contaminate land and ground/surface water.
24. Noise Pollution a) Care shall be taken to reduce noise as construction will be
carried out close to residential and other functional buildings. All
noise causing activities shall be undertaken during day time to
minimise inconvenience to local residents.
a) All construction equipment used in dismantling, excavation,
concreting, etc. will strictly conform to CPCB/SPCB noise
standards.
b) Only acoustic enclosures fitted DG set will be allowed at the
construction and plant/camp sites.
c) Maintenance of equipment and machinery (including proper
lubrication, tuning and checks for muffler effectiveness) shall be
regular and up to the satisfaction of the Engineer to keep noise
level under control.
d) All vehicles and equipment used in construction works will be
fitted with exhaust silencers/mufflers.
25. Environmental During the construction phase, the Service Provider will
Monitoring carry out environmental monitoring for ambient air quality,
water and noise levels by engaging NABL approved
laboratory, as and if required under regulatory norms.
C. Post-Construction Activities to be carried out by the Service Provider
26. Electrical Safety a) It will be ensured that there is no loose connection, exposed
wires and open conduit at the site.
a) Double ear thing will be provided to all three phase motors and
electrical panels as per specification IS: 3043/5039. At three

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phase motors and panels and DG sets, danger sign with Red
Colour bone and skull sign will be conspicuously displayed.
b) BIS marked electric shock proof rubber mat will be to the
electrical panels.
27. Disposal of Demolition a) All debris generated from demolition of structures and during
Debris and Wastes other construction work shall be segregated for reuse (either in
this or other works). Residual debris and spoils, if any, shall be
disposed in locations which are pre-approved by the
Engineer/Employer in a manner that it does not contaminate the
environment and in line with Construction and Demolition
Waste Rules, 2016.
a) Waste from demolition of structures and during construction of
new structure shall be segregated, preferably at the worksite
itself. Clear signage should be used stating this. Signage
indicating different material/waste categories should be placed
in the storage/ stacking area (such as Timber Only – Metal Only
– Plastics Only – Rubble Only etc.).
b) The Service Provider will be responsible (including his sub-
Service Providers, if any and suppliers) for the cleaning up and
disposal of all their waste products. This will include all waste
materials not incorporated/mentioned in the body of the works
and is also deemed to include any packaging, wrapping or
crates in which the materials may have been delivered.
c) Waste/debris should not be allowed to accumulate on site and
never stored along access routes or passageways. Litter and
debris ‘trapped’ against site fencing must be regularly cleaned.
d) No solid or hazardous wastes (such as oil contaminated waste)
will be dumped in drains or in open areas. No wastes shall be
disposed off in a manner that may block the flow of water in
drains, culverts, channels or affect any water course/body.
Harmful or toxic waste should be stored and disposed of in
accordance with statutory provisions.
e) Used oil generated from vehicles/DG set at plant/camp site will
be collected in closed containers and sold to MoEF&CC/SPCB
approved used oil recyclers.
f) Paint residue left in containers will be stored properly and
disposed in an environmentally sound manner.
g) The Service Provider is required to set up a system to record
and quantify the management of all waste and scrap from the
site. The Service Provider shall maintain proper
records/register at site regarding the type and quantum of
salvaged material and debris/wastes from the
Building/Structure Demolition activity.

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28. Site Rehabilitation and a) After the completion of works and prior to handing over the
Clean-up building for usage, the site has to be cleaned and all waste
materials/debris has to be removed and disposed at pre-
approved designated locations/ sites. The clean-up and
restoration operation has to be implemented by the Service
Provider prior to demobilization.
a) The Service Provider will clear all temporary structures; remove
excess/unused material, dispose all garbage, night soils and
waste in an environmentally sound manner.
b) All disposal pits/trenches will be filled in and effectively sealed
off.
c) All work sites and off-site areas used for the project (including
construction/labour camp, plant site, material sources etc.) shall
be restored/rehabilitated by the Service Provider to a better
condition (if not at least to its original condition). Construction
zone including camp, and any other area used/affected due to
the works will be left clean and tidy at the Service Provider’s
expense to the entire satisfaction to the Engineer.
d) Completion of work (as covered under GCC clauses) will also
include rehabilitation and clean-up of the work sites including
disposal of debris/construction wastes at pre-approved
locations.

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104 SOE/ACR/GAN/984
 Annexure-N

World Bank GUIDELINES ON PREVENTING AND COMBATING FRAUD AND CORRUPTION IN PROGRAM-FOR-
RESULTS FINANCING (Dated February 1, 2012 and Revised July 10, 2015)

Purpose and General Principles

1. These Guidelines Address Fraud and Corruption (as defined in paragraph 5) that may
occur in connection with the preparation and implementation of programs financed, in whole
or in part, by the International Bank for Reconstruction and Development (IBRD) or the
International Development Association (IDA) through Program-for-Results Financing. They
set out the general principles, requirements, and sanctions applicable to such programs.

2. The Loan Agreement1 providing for the Loan2 governs the legal relationships between
the Borrower3 and the Bank4 with respect to the Program5 for which the Loan is made. The
responsibility for the implementation of the Program under the Loan Agreement, including
the primary responsibility for preventing and combating Fraud and Corruption, rests with the
Borrower. The Bank, for its part, has a fiduciary duty under its Articles of Agreement to
“make arrangements to ensure that the proceeds of any loan are used only for the purposes
for which the loan was granted, with due attention to considerations of economy and
efficiency and without regard to political or other non-economic influences or
considerations.”6 These Guidelines constitute an important element of those arrangements
and are made applicable to the preparation and implementation of the Program as provided
in the Loan Agreement.

3. Recognizing that Fraud and Corruption leads to wasted resources and undermines
development effectiveness, the Bank and the Borrower agree that all individuals and entities
participating in the Program must observe the highest standard of ethics and, specifically,
that all such persons and entities must take all appropriate measures to prevent and combat
Fraud and Corruption, and refrain from engaging in Fraud and Corruption, in connection
with the Program. In furtherance of these principles and purposes, the Bank and the
Borrower further agree and commit to undertaking the actions set out in these Guidelines
for the purpose of preventing and combating Fraud and Corruption in connection with the
Program.

1
References in these Guidelines to “Loan Agreement” include any Loan Agreement providing for an IBRD
loan; Financing Agreement providing for an IDA credit or IDA grant; Trust Fund Grant Agreement or Loan
Agreement providing for a recipient-executed trust fund grant or loan in cases where these Guidelines are
made applicable to such agreement; and the Program Agreement with a Program Implementing Entity related
to any of the above.
2 References to “Loan” or “Loans” include IBRD loans as well as IDA credits and grants, project preparation

advances, and recipient-executed trust fund grants or loans for programs to which these Guidelines are made
applicable under the agreement providing for such grant and/or loan. These Guidelines do not apply to
investment project financing (to which separate guidelines apply) or to development policy financing.
3 References in these Guidelines to “Borrower” include the recipient of an IDA credit or grant or of a trust fund

grant or loan.
4 References in these Guidelines to the “Bank” include both IBRD and IDA.

5 Reference in these Guidelines to the “Program” means the Program as defined in the Loan Agreement.

6 IBRD Articles of Agreement, Article III, Section 5(b); IDA Articles of Agreement, Article V, Section 1(g).

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 Definitions of Practices Constituting Fraud and Corruption

4. These Guidelines address the following defined practices in connection with the
Program:7

(a) A “corrupt practice” is the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another party.8

(b) A “fraudulent practice” is any act or omission, including a misrepresentation, that

knowingly or recklessly9 misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation.

(c) A “collusive practice” is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of
another party.

(d) A “coercive practice” is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence improperly the
actions of a party.

(e) An “obstructive practice” is (i) deliberately destroying, falsifying, altering or

concealing of evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation10 into allegations of a
corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters relevant
to the investigation or from pursuing the investigation, or (ii) acts intended to
materially impede the exercise of the Bank’s contractual rights of audit or access to
information.

5. The above practices, as so defined, are referred to collectively in these Guidelines as

“Fraud and Corruption.”

Borrowers Actions to Prevent and Combat Fraud and Corruption in Connection with
the Program

6. In furtherance of the above-stated purpose and general principles, except as otherwise

agreed in writing by the Borrower and the Bank, the Borrower:

(a) takes all appropriate measures to ensure that the Program is carried out in
accordance with these Guidelines;

7
Unless otherwise specified in the Loan Agreement, whenever these terms are used in the Loan Agreement, including
in the applicable General Conditions, they have the meanings set out in paragraph 4 of these Guidelines.
8
Typical examples of corrupt practice include bribery and “kickbacks.”
9
To act “knowingly or recklessly,” the fraudulent actor must either know that the information or impression being
conveyed is false, or be recklessly indifferent as to whether it is true or false. Mere inaccuracy in such information or
impression, committed through simple negligence, is not enough to constitute fraudulent practice. 10 As used in the
definition of “obstructive practice”, the term “investigation” includes any inquiry undertaken under these Guidelines.

106 SOE/ACR/GAN/984
 (b) takes all appropriate measures to prevent Fraud and Corruption in connection with
the Program, including (but not limited to) adopting and implementing appropriate
fiduciary and administrative practices and institutional arrangements;

(c) promptly informs the Bank of all credible and material allegations or other
indications of Fraud and Corruption in connection with the Program that come to its
attention, together with the investigative and other actions that the Borrower
proposes to take with respect thereto;

(d) unless otherwise agreed by the Borrower and the Bank with respect to a particular
case, takes timely and appropriate action to investigate such allegations and
indications; reports to the Bank on the actions taken in any such investigation, at
such intervals as may be agreed between the Borrower and the Bank; and, promptly
upon the completion of any such investigation, reports to the Bank the findings
thereof;

(e) if the Borrower or the Bank determines that any person or entity has engaged in
Fraud and Corruption in connection with the Program, takes timely and appropriate
action, satisfactory to the Bank, to remedy or otherwise address the situation and
prevent its recurrence; provided that nothing in this sub-paragraph (e) or in sub-
paragraph (d) above obligates the Borrower to take action in direct contradiction of
the applicable law of the Member Country;

(f) cooperates fully with representatives of the Bank in any inquiry conducted by the
Bank into allegations or other indications of Fraud and Corruption in connection with
the Program, and takes all appropriate measures to ensure the full cooperation of
relevant persons and entities subject to the Borrower’s jurisdiction in such inquiry;
and

(g) ensures that any person or entity debarred or suspended by the Bank is not
awarded a contract under or otherwise allowed to participate10 in the Program during
the period of such debarment or suspension.

Sanctions and Related Actions by the Bank in cases of Fraud and Corruption

7. In furtherance of the above-stated purpose and general principles, except as otherwise

agreed in writing by the Borrower and the Bank, the Bank:

(a) promptly informs the Borrower of all credible and material allegations or other
indications of Fraud and Corruption in connection with the Program that come to its
attention, consistent with Bank policies and procedures;

(b) in cases where the Bank determines it necessary to do so to fulfil its fiduciary duty,
may conduct an inquiry into such allegations or other indications, independently of or
in collaboration with the Borrower;

(c) reports to the Borrower on the outcome of any such inquiry; and

10
For purposes of paragraph 6(g), participation does not include the performance under contracts entered into or other engagements
began prior to the date of the Loan Agreement

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 (d) may sanction11 any individual or entity other than the Member Country12 if at any
time the Bank determines that such individual or entity has engaged in Fraud and
Corruption in connection with the Program or any other Bank-financed activity, or is
otherwise subject to sanction pursuant to its prevailing policies and procedures.

Miscellaneous

8. For avoidance of doubt, nothing in these Guidelines is intended to restrict or otherwise

affect the Member Country’s sovereign right to investigate, prosecute or take any other
action in furtherance of its own laws and regulations. Any inquiries conducted by the Bank
pursuant to these Guidelines are administrative in nature, for the purpose of determining
compliance with the Bank’s policies, directives and procedures. Inquiries include, but are
not limited to, the review of relevant accounts, records and other documents, and interviews
with relevant persons.

9. Without prejudice to any provision hereof, in the event that any action to be taken by the
Borrower under these Guidelines may conflict with requirements of the applicable laws and
regulations of the Member Country, the Bank and the Borrower will consult with a view to
identifying and agreeing on alternative actions that will avoid such conflict while ensuring
compliance herewith.

10.The provisions of these Guidelines do not limit any other rights, remedies 13 or obligations
of the Bank or the Borrower under the Loan Agreement or any other document to which the
Bank and the Borrower are both parties.

(Reference: https://www.worldbank.org/en/programs/program-for-results-financing#3 )

11
Sanctions include (but are not limited to) publicly declaring such individual or entity ineligible, either indefinitely or
for a stated period of time, to: (i) be awarded a Bank-financed contract; (ii) benefit from a Bank-financed contract,
financially or otherwise, for example as a subcontractor; and (iii) otherwise participate in the preparation or
implementation of the Program or any other project or program financed, in whole or in part, by the Bank. The Bank
may publish the identity of any individual or entity sanctioned under subparagraph 7(d).
12
For purposes of these Guidelines, “Member Country” includes (i) officials and employees of the national government
or of any of its political or administrative subdivisions, and (ii) non-autonomous government-owned enterprises.
13
The Loan Agreement provides the Bank with certain rights and remedies that it may exercise with respect to the Loan
in the event of Fraud and Corruption in connection with the Program, in the circumstances described therein.

108 SOE/ACR/GAN/984
Letter of Acceptance of the World Bank’s Anticorruption
Guidelines and Sanctions Framework14
Date:

Contract/ PO no. __________________

To:

[Please insert the name of Purchaser] ________________________________________

We, along with our sub-contractors, sub-consultants, service providers, suppliers, agents
(whether declared or not) consultants and personnel, acknowledge and agree to abide by
the World Bank’s policy regarding Fraud and Corruption (corrupt, fraudulent, collusive,
coercive, and obstructive practices), as set out and defined in the World Bank’s Anti-
Corruption Guidelines15 in connection with the procurement and execution of the contract,
including any amendments thereto.

We declare and warrant that we, along our sub-contractors, sub-consultants, service
providers, suppliers, agents (whether declared or not), consultants and personnel, are not
subject to, and are not controlled by any entity or individual that is subject to, a temporary
suspension, early temporary suspension, or debarment imposed by a member of the World
Bank Group, including, inter alia, a cross-debarment imposed by the World Bank Group as
agreed with other international financial institutions (including multilateral development
banks), or through the application of a World Bank Group finding of non-responsibility on
the basis of Fraud and Corruption in connection with World Bank Group corporate
procurement. Further, we are not ineligible under the laws or official regulations of the Royal
Government of Bhutan or pursuant to a decision of the United Nations Security Council.

We confirm our understanding of the consequences of not complying with the World Bank’s
Anti-Corruption Guidelines, which may include the following:
a. in the case of award, termination of the contract, without prejudice to any other remedy for
breach of contract; and
b. sanctions, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its
prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework.
This may include a public declaration of ineligibility, either indefinitely or for a stated period of
time, (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any

14
[Drafting note: This document shall be signed by the winning bidder/consultant for contracts to be eligible for retroactive
financing and be properly documented. ]
15
Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by International Bank for Reconstruction
and Development Loans and the International Development Agency Credits and Grants, dated October 15, 2006, and revised in
January 2011 and July 2016, as they may be revised from time to time.

109 SOE/ACR/GAN/984
 other manner; 16 (ii) to be a nominated 17 sub-contractor, sub-consultant, consultant,
manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or
otherwise to participate further in the preparation or implementation of any Bank-financed
project.
We understand that we may be declared ineligible as set out above upon:
a. completion of World Bank Group sanctions proceedings according to its prevailing sanctions
procedures;
b. cross-debarment as agreed with other international financial institutions (including multilateral
development banks);
c. the application of a World Bank Group finding of non-responsibility on the basis of Fraud and
Corruption in connection with World Bank Group corporate procurement; or
d. temporary suspension or early temporary suspension in connection with an ongoing World Bank
Group sanctions proceeding.
For avoidance of doubt, the foregoing effects of ineligibility do not extend to a sanctioned
firm’s or individual’s execution of its ongoing Bank-financed contracts (or its ongoing sub-
agreements under such contracts) that are not the subject of a material modification, as
determined by the Bank.
We shall permit, and shall cause our sub-contractors, sub-consultants, agents (whether
declared or not), personnel, consultants, service providers or suppliers, to permit the Bank
to inspect18 all accounts, records, and other documents relating to the procurement process
and/or contract execution (in the case of award), and to have them audited by auditors
appointed by the Bank.
We agree to preserve all accounts, records, and other documents (whether in hard copy or
electronic format) related to the procurement and execution of the contract.

Name of the Supplier/Contractor/Consultant:

Name of the person duly authorized to sign the contract on behalf of the
Supplier/Contractor/Consultant:

Title of the person signing the Letter:

16
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification or initial selection), expressing interest in a consultancy, and bidding, either directly or as a
nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect
of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

17
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the bidding document) is one which has been: (i) included by the bidder in its pre-
qualification or initial selection application or bid because it brings specific and critical experience and know-how that allow the
bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.

18
Inspections in this context are usually investigative (i.e., forensic) in nature: they involve fact-finding activities undertaken by
the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the
veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not
limited to accessing and examining a firm's or individual's financial records and information, and making copies thereof as
relevant; accessing and examining any other documents, data, and information (whether in hard copy or electronic format)
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third-party verification of information.

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