Volume I Part I and III

BID DOCUMENT
VOLUME-I
L
VN
(Through e-tendering Mode)
for
PACKAGE- ANVS: “CONSTRUCTION OF VIADUCT, RAMP & UNDER
GROUND RCC BOX (CUT & COVER, BOX PUSHING) INCLUDING
RELATED WORKS FOR 3.520 KM LENGTH FROM CH. 25891.527 TO
CH. 29410.989 BETWEEN EXISTING PIER CP-760 (NEAR CITY CENTRE-
II) TO MERGING POINT WITH METRO RAILWAY AT BIMAN BANDAR
STATION YARD INCLUDING TWO STATIONS (RABINDRA TIRTHA &
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VIP ROAD) WITH ALL ALLIED WORKS (ARCHITECTURAL,

ELECTRICAL, MECHANICAL, HEATING, VENTILATION, AIR
CONDITIONING, FIRE DETECTION, FIRE SUPPRESSION SYSTEM &
PUBLIC HEALTH ENGINEERING WORKS) IN NEWGARIA-
BIMANBANDAR METRO CORRIDOR OF KOLKATA METRO RAILWAY
LINE, WEST BENGAL”.
IFB No: RVNL/KOL/New Garia-Airport/Metro/ANVS Dated 15.06.2020
RAIL VIKAS NIGAM LIMITED

st
1 Floor, August Kranti Bhawan, Bhikaji Cama Place, Africa
Avenue, New Delhi-110066
Tel +91-11-26738502, Fax +91-11-26738592
RVNL/KOL/New Garia-Airport/Metro/ANVS June’2020
Document No.
BIDDING DOCUMENTS
(through e-Tendering Mode)
For
Execution of
PACKAGE- ANVS: “CONSTRUCTION

CONSTRUCTION OF VIADUCT, RAMP & UNDER
GROUND RCC BOX (CUT & COVER, BOX PUSHING) INCLUDING RELATED
L
WORKS FOR 3.520 KM LENGTH FROM CH. 25891.527 TO CH. 29410.989
BETWEEN EXISTING PIER CP-760 (NEAR CITY CENTRE-II) TO MERGING
POINT WITH METRO RAILWAY AT BIMAN BANDAR STATION YARD
INCLUDING TWO STATIONS (RABINDRA TIRTHA & VIP ROAD) WITH ALL
VN
ALLIED WORKS (ARCHITECTURAL, ELECTRICAL, MECHANICAL, HEATING,
VENTILATION, AIR CONDITIONING, FIRE DETECTION, FIRE SUPPRESSION
SYSTEM & PUBLIC HEALTH ENGINEERING WORKS) IN NEWGARIA-
BIMANBANDAR METRO CORRIDOR OF KOLKATA METRO RAILWAY LINE,
WEST BENGAL”.
IFB No: RVNL/KOL/New Garia-Airport/Metro/ANVS Dated 15.06.2020

R
PROJECT: - “NEWGARIA-BIMANBANDAR METRO

“NEWGARIA-BIMANBANDAR CORRIDOR OF
RAILWAY
KOLKATA METRO RAILWAY”
Employer: Rail Vikas Nigam Limited

1st Floor August Kranthi Bhavan,
Bikaji cama place
New Delhi - 110066
Preamble Introduction 
02.05.2020 for e-tendering
TABLE OF CONTENTS
Preamble
Introduction
PART I: Bidding Procedures through e-tendering mode
Invitation for Bids
Section 1. Instructions to Bidders (ITB) for bidding through e tendering mode
Section 2. Bid Data Sheet
L Section 3. Evaluation Criteria and Qualification Criteria
Section 4. Bidding Forms

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PART II: Works Requirements
Section 5.
(A) Employer’s Requirement:
1. Scope of Work Ch. I

2. Site Facilities for the Ch. II
Employer and the Engineer
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3. Outline Design Criteria Ch. III

4. Construction–General Ch. IV
Requirements
5. Technical Specifications Ch. V
General & Structural Works

Underground Construction Works
Architectural Finishing Works
PHE works
Geotechnical Investigation Works
E&M Works
Preamble Introduction 

02.05.2020 for e-tendering
(B) Tender Drawings and Site data:

1. Tender Drawings and Site data.
PART III: Conditions of Contract and Contract Forms
Section 6. General Conditions of Contract (GCC)
Section 7. Special Conditions of Contract (SCC)

(A) Contract Data
(B) Specific Provisions
Section 8. Contract Forms
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VN
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Preamble Introduction 

02.05.2020 for e-tendering
VOLUME-I
L
PART I: Bidding Procedures through e-
tendering mode
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&
PART III: Conditions of Contract and
Contract Forms
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PART I
BIDDING PROCEDURES
L Invitation for Bids
Section 1. Instructions to Bidders for bidding through e-tendering mode

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Section 2. Bid Data Sheet
Section 3. Evaluation Criteria and Qualification Criteria
Section 4. Bidding Forms

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Preamble Introduction 

02.05.2020 for e-tendering
NOTICE
FOR
L INVITATION FOR BIDS
(IFB)
VN
(through e-Tendering mode)
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Preamble Introduction 
02.05.2020 for e-tendering
Rail Vikas Nigam limited

INTERNATIONAL COMPETITIVE BIDDING
INVITATION FOR BIDS

(Through e-tendering mode)
Bid Notice No. RVNL/KOL/New Garia - Airport/Metro/ANVS

Date: 15/06/2020
1. RAIL VIKAS NIGAM LIMITED (RVNL), having its Corporate office at 1st Floor
August Kranti Bhavan, Bhikaji Cama Place, New Delhi – 110066, India which is a
Public Sector Enterprise set up as a wholly owned Government Company under
the provisions of Section 617 of Companies Act., invites bids under single stage
two packet system for the work of PACKAGE- ANVS ““CONSTRUCTION
CONSTRUCTION OF
VIADUCT, RAMP & UNDER GROUND RCC BOX (CUT & COVER, BOX
PUSHING) INCLUDING RELATED WORKS FOR 3.520 KM LENGTH FROM
L CH. 25891.527 TO CH. 29410.989 BETWEEN EXISTING PIER CP-760

(NEAR CITY CENTRE-II) TO MERGING POINT WITH METRO RAILWAY
AT BIMAN BANDAR STATION YARD INCLUDING TWO STATIONS
(RABINDRA TIRTHA & VIP ROAD) WITH ALL ALLIED WORKS
VN
(ARCHITECTURAL, ELECTRICAL, MECHANICAL, HEATING,
VENTILATION, AIR CONDITIONING, FIRE DETECTION, FIRE
SUPPRESSION SYSTEM & PUBLIC HEALTH ENGINEERING WORKS) IN
NEWGARIA-BIMANBANDAR METRO CORRIDOR OF KOLKATA METRO
RAILWAY LINE, WEST BENGAL”.
BENGAL”.
2.
Sl. Approx. Estimated Cost Period of
Bid Security
No. of Project Completion
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1 Rs.. 526.62 Crores

Rs Rs. 2 Crores 36 Months
(Rupees Five Hundred (Rupees Two
Twenty Six Crore Sixty Crores Only)
only)
Two Lakhs only
3. Bidders are advised to note the eligibility and minimum qualifying criteria
specified in the Instruction to Bidders and Section 3 “Evaluation and
Qualification Criteria” of bid document.
4. Bids must be accompanied by a bid security of Rs. 2.00 Crores (Rupees two crores
only) in any one of the forms as specified in the bidding documents and shall have to
be valid for 42 days beyond the validity of the bid. 

          

Preamble Introduction 
02.05.2020 for e-tendering

           
      

            
.
 Bidding Documents can be downloaded free of cost from RVNL website

www.rvnl.org and RVNL e- Tendering portal i.e https://rvnl.euniwizarde.c

            
            






L              
       

ff bid along with all Addendum/Corrigendum

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6. Purchase Preference to o Make in India: The pro pr
provisions
o of revised ‘Public
Procurement (Preference to Make in India) Order 2017’ issued by Department of
Promoti
Industrial Policy and Promoti 
Promoti
   BE-II)
BE-II) dated 28.05.2018 shall be applicable to the
bidding process and award of the contract shall be done accordingly. In this
connection, the minimum local content shall be 50% and the margin of purchase
preference shall be 20%. For award of contract, para 3.c. of the revised ‘Public
Procurement (Preference to Make in India) Order 2017’ shall be applicable in addition
to the other provisions in the bidding documents in this regard.
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7. Pre-bid Meeting: A pre-bid meeting will be held on 01.07.2020 at 11.30 hrs

Conference. The prospective bidders who wish to attend the
through video Conference
meeting shall submit a maximum of two e-mail ids of the persons nominated to
attend the meeting to the person nominated to contact at least two working days
before the per bid meeting, as stated in the clause 7 of ITB.
8. Purchase Preference: Shall not apply to Central Public Sector Enterprises, as per
extant rules in force.

9. REGISTRATION
 Bidders are required to enroll on the e-Procurement Portal

(https://rvnl.euniwizarde.com) with clicking on the link “Online bidder
Registration” on the e-bid Portal by paying the Registration fee of Rs. 2360/-
per year charge.
Preamble Introduction 

02.05.2020 for e-tendering
 As part of the enrolment process, the bidders will be required to choose a

unique user name and assign a password for their accounts.
 Bidders are advised to register their valid email address and mobile numbers as
part of the registration process. These would be used for any communication
with the bidder.
 Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Only Class III Certificates with signing + encryption
key usage) issued by any Certifying Authority recognized by CCA India (e.g.
Sify / TCS / nCode / eMudhra etc.), with their profile.
 Only one valid DSC should be registered by a bidder. Please note that the
DSC to others
bidders are responsible to ensure that they do not lend their DSCs
which may lead to misuse.
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
Bidder then logs in to the site through the secured log-in by entering their user
ID/password and the password of the DSC / e-Token.
The scanned copies of all original documents should be uploaded on portal.

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 For any Query contact to our helpdesk Number 011-49606060, Email:
ewizardabhinav@gmail.com, Mr Abhinav Bharat - +91 9355030601
10. SEARCHING FOR BIDDING DOCUMENTS
 There are various search options built in the e-bid Portal, to facilitate bidders
to search active bids by several parameters. These parameters could include
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Bid ID, Item/work id, Title, Date, etc
 Once the bidders have selected the bids they are interested in, the bidder can
pay the processing fee of Rs. 7500 + 18 % GST-/ (NOT REFUNDABLE) by
net-banking / Debit / Credit card and then download the required documents /
bid schedules, Bid documents etc. Once processing fee is paid, it will be
moved to the respective “requested” Tab. This would enable the e-bid Portal to
intimate the bidders through e-mail in case there is any addendum and
corrigendum issued to the bidding document.
11. PRCAUTIONS FOR SUBMITTING / PREPRATION OF BIDS THROUGH

E TENDERING PORTAL
 Bidder, in advance, should get ready the bid documents to be submitted as

indicated in the bid document / schedule and generally, they can be in PDF
Preamble Introduction 

02.05.2020 for e-tendering
/JPEG formats. Bid Original documents may be scanned with 100 dpi with
Colored option which helps in reducing size of the scanned document.
 To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a
provision of uploading such standard documents (e.g. PAN card copy, annual
reports, auditor certificates etc.) has been provided to the bidders. Bidders can
use “My Documents” available to them to upload such documents.
 These documents may be directly submitted from the “My Documents” area
while submitting a bid, and need not be uploaded again and again. This will
lead to a reduction in the time required for bid submission process.
 Bidder should log into the website well in advance for the submission of the
bid so that it gets uploaded well in time i.e. on or before the bid submission
time. Bidder will be responsible for any delay due to other issues.
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
The bidder has to digitally sign and upload the required bid documents one by
one as indicated in the bidding document.
The server time (which is displayed on the bidders dashboard) will be

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considered as the standard time for referencing the deadlines for submission of
the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
 All the documents being submitted by the bidders would be encrypted using
PKI encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. Data
storage encryption of sensitive fields is done. Any bid document that is
uploaded to the server is subjected to symmetric encryption using a system
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generated symmetric key. Further this key is subjected to asymmetric

encryption using buyers/bid opener public keys. Overall, the uploaded bid
documents become readable only after the bid opening by the authorized bid
openers.
 Upon the successful and timely submission of bid click “Complete “(i.e. after
Clicking “Submit” in the portal), the portal will give a successful Bid
submission acknowledgement & a bid summary will be displayed with the
unique id and date & time of submission of the bid with all other relevant
details.
 The bid summary has to be printed and kept as an acknowledgement of bid

submission.
Preamble Introduction 

02.05.2020 for e-tendering
12. Date of Receipt and opening of Bids: The completed Bids must be submitted
through e tendering portal https://rvnl.euniwizarde.com/ before 11.00 hrs. on
31/07/2020 and the same shall be opened at 11.30 hrs on same day.
13. Address for Communication: Interested eligible Bidders may obtain further
information from the following address:
Chief Project Manager/Kol-II,

Rail Vikas Nigam Limited
24, Deshpran Shashmal Road,
(Besides Tollygunge Railway Station)
Kolkata- 700033
West Bengal, INDIA
Tel: 033 24247330; Fax: 033 24247332;
E-mail: tenderkol2@gmail.com
L For any Query regarding e tendering portal / Bid submission please contact
helpdesk Number 011-49606060, Email helpdeskeuniwizarde@gmail.com,
helpdeskeuniwizarde@gmail.com Mr
Abhinav Bharat - +91 9355030601 and Mr Satyam Kumar Rai +91
9355030633
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Preamble Introduction 
02.05.2020 for e-tendering
Section 1
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Instructions to Bidders
(ITB)
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Page Intentionally
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Left Blank
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RVNL/KOL/New Garia-Airport/Metro/ANVS e 2020
Ta e o C a e
A. Ge era ............................................................................................................................................ 2
1 co e of Bi 2
2 ource of Fun s 2
3 Corru t Practices 2
ligi le Bi ers 3
5 ligi le aterials, ui ment an ervices 6
B. Co te t o Biddi Do e t ..................................................................................................... 6
6 ections of Bi ing Document 6

7 Clarification of Bi ing Document, ite isit, Pre-Bi eeting 7
8 Amen ment of Bi ing Document 7
C. Preparatio o Bid ......................................................................................................................... 8
9 Cost of Bi ing 8
10 anguage of Bi 8
11 Documents Com rising the Bi 8
12 etters of Bi an Price che ules 9
13 Alternative Bi s 9
1 Bi Prices an Discounts 9
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15 Currencies of Bi an Pa ment 10
16 Documents Com rising the Technical Bi 10
17 ualifications of the Bi
Documents sta lishing the ualifications er 10
18 Perio of ali it of Bi s 10
19 Bii ecurit 11
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20 Format an igning of Bi 12
D. S i io a d Ope i o Bid ................................................................................................ 12
21 nline su mission an o ening of i s 12 22

Dea line for u mission of Bi s 13
23 ate Bi s 13
2 ith rawal, u stitution, an o ification of Bi s 13
25 Bi ening 13
E. E a atio a d Co pari o o Bid ...........................................................................................

............................. 14
26 Confi entialit 1
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27 Clarification of Bi s 1
28 Deviations, eservations, an missions 1
29 Determination of es onsiveness 15
30 Nonconformities, rrors, an missions 15
31 Pre- ualification of the Bi er 15
32 Correction of Arithmetical rrors 16
33 Conversion to ingle Currenc 16
3 Purchase Preference 16
35 valuation of Bi s 16
36 Com arison of Bi s 18
37 m lo er s ight to Acce t An Bi , an to eject An or All Bi s 18
F. Award o Co tra t ......................................................................................................................... 18

38 Awar Criteria 18
39 Notification of Awar 18
0 igning of Contract 19
1 Performance ecurit 19
2 ri di tio o Co rt 19
ection 1 nstructions to Bi ers Page 1 of 19

(Based on SBD updated upto 02 05 2020 for e-ten ering)
Se tio 1: I tr tio to Bidder (ITB)

A. Ge era
1. S ope o Bid 11 n connection with the nvitation for Bi s in icate in the Bi Data
heet BD , ail ikas Nigam imite N , a overnment of
n ia n ertaking, hereinafter referre to as the m lo er , issues
these Bi ing Documents for the Procurement of orks as s ecifie
in ection 5 orks e uirements The name, i entification, num er
of contract s for the nternational Com etitive Bi ing CB are
rovi e in the BD
12 Throughout these Bi ing Documents

a the term in writing means communicate in written form an
elivere against recei t
exce t where the context re uires otherwise, wor s in icating
icati the
lural
singular also inclu e the lural an wor s in icating the lura
also inclu e the singular an
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c a means calen ar a
2. So r e o F d 21 The re uire fun s have een source N , unless otherw

otherwise
s ecifie in the BD
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3. Corr pt 31 contractors
The m lo er re uires that i ers, su liers, an contract
Pra ti e o serve the highest stan ar of ethics uring the rocurement an
a
execution of such contracts n ursuance of this olic , the
m lo er
a efines, for the ur oses of this rovision, the terms set forth
elow as follows
i or
corru t ractice means the offering, giving, receiving, o
soliciting, irectl or in irectl , of an thing of value to
influence the action of an art in the rocurement
rocess or the execution of a contract
ii frau ulent ractice means a misre resentation or
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omission of facts in or er to influence a rocurement

rocess or the execution of a contract
iii collusive ractice means a scheme or arrangement
etween two or more i ers, with or without the
knowle ge of the m lo er, esigne to influence the
action of an art in a rocurement rocess or the
execution of a contract
iv coercive ractice means harming or threatening to harm,
irectl or in irectl , ersons, or their ro ert to influence
their artici ation in a rocurement rocess, or affect the
execution of a contract
will reject a Bi for awar if it etermines that the i er
recommen e for awar has, irectl or through an agent,
engage in corru t, frau ulent, collusive, or coercive ractices
in com eting for the Contract an
c will sanction a art or its successor, inclu ing eclaring
ineligi le, either in efinitel or for a state erio of time, to
artici ate in m lo er s activities, if it at an time etermines
that the firm has, irectl or through an agent, engage in

corru t, frau ulent, collusive, or coercive ractices in
com eting for, or in executing a contract of the em lo er
4. E i i e Bidder 4.1 A Bidder may be a natural person, private entity, government-

owned entity, or any combination of them with a formal intent to
enter into an agreement or under an existing agreement in the
form of a Joint Venture (JV). The bidder must ensure the
following:
(a) In case of Single Entity:
(i) Submit Power of Attorney authorizing the signatory of the
bid to commit the bidder.
(b) In case of Joint Venture:
(i) The number of partners in the JV shall not be more than
that indicated in the Bid Data Sheet (BDS);
(ii) Submit MOU, as per form given in Section 4.
(iii) The JV shall nominate a Representative through Power of
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Attorney (Form given in Section 4) who shall have the
authority to conduct all business for and on behalf of any
and all the parties of the JV during the bidding process
and, in the event the JV is awarded the Contract, during
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contract execution.
(iv) Submit Power of Attorney by individual partners to lead
partners as per form given in Section 4.
(v) In case a Joint Venture is the successful bidder, the Joint
Venture Agreement should be entered by the Joint Venture
partners. The duly signed Joint Venture Agreement
should be submitted along with the Performance Security
to the employer after notification of the award of contract
within 28 days.
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(c) Foreign Firm(s) should be covered under the grant of general

permission to establish project offices in India (as per RBI
Master Circular No.7/2015-16 updated up to the deadline for
submission of bids) on securing the subject project or have
already opened project office in India. In case of award of
contract to a foreign firm such foreign firm has to submit
proof of having opened project office in India before
submitting any interim payment certificate.
2 Delete
3 A Bi er shall not have conflict of interest All Bi ers foun to have

a conflict of interest shall e is ualifie A Bi er ma e
consi ere to e in a conflict of interest with one or more arties in
this i ing rocess, if, inclu ing ut not limite to
(a)
(b)
(c)
(d)
(e)
(f)
(g)
L The i er shall e is ualifie if

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a The bidder or any of its constituents has been blacklisted/
banned
b anned business dealings for all Government Departments
or by Ministry of Railways or by RVNL at any time till
finalization of bids, except in cases where such
blacklisting/
b lacklisting/ banning has been withdrawn by Competent
Authority or has ceased on the deadline for submission of
the bids, for which satisfactory evidence is to be produced.
Any previous contract of the bidder or any of its constituents

had been terminated for contractor’s failure or part
terminated for its failure as a JV partner with forfeiture of
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its full Performance Security, by Rail Vikas Nigam

Ltd.(RVNL) at any time starting from 3 years before the
deadline for submission of bids and upto one day before
the date of opening of price bids;
Provided, however, there is no stay order or declaration by

any Court against such termination of the Contract by Rail
Vikas Nigam Ltd. or such termination of the Contract has
not been revoked by Rail Vikas Nigam Ltd or competent
authority of RVNL has not passed an order of non-
applicability of disqualification of the bidder or any of its
constituents despite such termination.
c The bidder or any of its constituents has been imposed delay

damages of 5% or more of contract value by RVNL due to
delay in the implementation of any previous contract
within the period of last 2 years before the deadline for
ection 1 nstructions to Bi ers Page of 19
submission of bids (Period of 2 years shall be reckoned

from the date on which the total accrued amount of Delay
Damages has reached 5% or more of the contract price) or
such accrued delay damages has not been fully recovered
before the deadline for submission of bids on account of
contractor’s request for deferring recovery to maintain
cash flow and RVNL has acceded to the same in the
interest of the project or the work under the previous
contract in question has not been completed before the
deadline for submission of bids, unless imposition of such
delay damages has been set aside by the Competent
Authority.
The bidder or any of its constituents:
(i) has suffered bankruptcy/insolvency or

(ii) has any ongoing case of insolvency before the
NCLT/any Court where Interim Resolution
Professional (IRP) has been appointed or is at any later
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stage of the insolvency process
On the deadline of submission of bids or thereafter till
finalization of bids.
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e The bidder is found ineligible by the Employer, in
accordance with ITB-3.
f The bidder or its constituent(s) has been declared by RVNL

to be a poor performer and the period of poor performance
is still in force on the deadline for submission of bids.
OR
The bidder or its constituent(s) has been declared by
RVNL to be a poor performer at any time after the
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deadline for submission of bids and upto one day before

the date of opening of price bids.
g The bidder or any of its constituents has changed its name or

created a new business entity as covered by the definition
of “Allied Firm” under para 1102 (iii) of Chapter XI of
Vigilance Manual of Indian Railways (available on
website of Indian Railways), consequent to having been
banned business dealings or suspended business dealings
or having been declared poor performer.
The Bidder shall submit an affidavit stating that they are

not liable to be disqualified as per this sub clause using the
appropriate Performa given in Section 4. Non-submission
of an affidavit by the bidder shall result in summary
rejection of his bid.

5 Bi ers shall imme iatel inform the m lo er in case the cease to
fulfill eligi ilit in terms of TB 3 n case the i er fails to
inform the m lo er or su mits a false affi avit his i shall e
summaril rejecte an i securit shall e forfeite The i er
shall also e lia le for Banning of Business ealings for a erio u
to five ears
5. E i i e Materia ,
E ip e t a d 51 The materials, e ui ment an services to e su lie un er the
Ser i e Contract shall e from the a rove sources as s ecifie in ection 5
orks e uirements
B. Co te t o Biddi Do e t
6. Se tio o 61 The Bi ing Document consists of olume- Parts , an an olume- ,

Biddi which inclu es all the ections in icate elow, an shoul e rea in
Do e t conjunction with an A en a issue in accor ance with TB 8
Vo e-I
PART I: Biddi Pro ed re
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ection 1 nstructions to Bi ers TB
ection 2 Bi Data heet BD

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ection 3 valuation an ualification Criteria C
ection Bi ing Forms BDF
PART II: Wor Re ire e t
ection 5 ork s e uirements
PART III: Co ditio o Co tra t a d Co tra t For
ection 6 eneral Con itions of Contract CC

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ection 7 ecial Con itions of Contract CC
Part A Contract Data CD
Part B ecific Provisions P
ection 8 Contract Forms C F Annexes to CC
Vo e-II
Bill of uantities B
62 The nvitation for Bi s FB issue the m lo er is not art of the Bi ing

Document
63 The m lo er is not res onsi le for the com leteness of the Bi ing
Document an their A en a, if the were not o taine irectl from the
source state the m lo er in the nvitation for Bi s

6 The Bi er is ex ecte to examine all instructions, forms, terms, an

s ecifications in the Bi ing Document Failure to furnish all information or
ocumentation re uire the Bi ing Document ma result in the rejection
of t e i
7. C ari i atio o 71 A ros ective Bi er re uiring an clarification of the Bi ing

Biddi Document shall contact the m lo er in writing at the m lo er s
Do e t, Site a ress in icate in the BD or raise his in uiries uring the re- i
Vi it, Pre-Bid meeting if rovi e for in accor ance with TB 7 The m lo er will
Meeti res on in writing to an re uest for clarification, rovi e that such
re uest is receive no later than twent one 21 a s rior to the
ea line for su mission of i s The m lo er shall forwar co ies
of its res onse to all Bi ers who have ac uire the Bi ing
Document in accor ance with TB 6 3, inclu ing a escri tion of the
in uir ut without i entif ing its source houl the m lo er eem
it necessar to amen the Bi ing Document as a result of a re uest
for clarification, it shall o so following the roce ure un er TB 8
an TB 22 2
72 The Bi er is a vise to visit an examine the ite of ork orks an its

surroun ings an o tain for itself on its own res onsi ilit al all
information that ma e necessar for re aring the i an enteringent
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visiting the
into a contract for construction of the orks The costs of vis
ite shall e at the Bi er s own ex ense
73 The Bi er an an of its ersonnel or agents will e grant grante

ermission the m lo er to enter u on its remises an lan s for
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the ur ose of such visit, ut onl u on the ex ress con ition that
the Bi er, its ersonnel, an agents will release an in emnif the
m lo er an its ersonnel an agents from an against all lia ilit
in res ect thereof, an will e res onsi le for eath or ersonersonal
injur , loss of or amage to ro ert , an an other loss, ama amage,
costs, an ex enses incurre as a result of the ins ection
7 atten a re- i
The Bi er s esignate re resentative is invite to atte
meeting, if rovi e for in the BD either in erson or through vi eo
conferencing The ur ose of the meeting will e to clarif ississues
an to answer uestions on an matter that ma e raise at tha that
stage
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75 The Bi er is re ueste , as far as ossi le, to su mit an uestions in

writing, to reach the m lo er not later than one week efore tthe
meeting
76 inutes of the re- i meeting, inclu ing the text of the uestions
raise , without i entif ing the source, an the res onses given,
together with an res onses re are after the meeting, will e
transmitte rom tl to all Bi ers who have ac uire the Bi ing
Document in accor ance with TB 6 3 An mo ification to the
Bi ing Document that ma ecome necessar as a result of the
re- i meeting shall e ma e the m lo er exclusivel through
the issue of an a en um ursuant to TB 8 an not through the
minutes of the re- i meeting
77 Non-atten ance at the re- i meeting will not e a cause for

is ualification of a Bi er
8. A e d e to 81 At an time rior to the ea line for su mission of i s, the m lo er

Biddi ma amen the Bi ing Document issuing a en a

Do e t
82 An a en um corrigen um issue shall e art of the Bi ing

Document
83 To give ros ective Bi ers reasona le time in which to take an

a en um into account in re aring their i s, the m lo er ma , at
its iscretion, exten the ea line for the su mission of i s,
ursuant to TB 22 2
C. Preparatio o Bid
9. Co t o Biddi 91 The Bi er shall ear all costs associate with the re aration an
su mission of its Bi , an the m lo er shall not e res onsi le or
lia le for those costs, regar less of the con uct or outcome of the
i ing rocess
10. La a e o Bid 10 1 The Bi , as well as all corres on ence an relating to

ocuments relat
the i exchange the Bi er an the m lo er, shall e writ written
in nglish u orting ocuments an rinte literature that are ar art
of the Bi ma e in another language rovi e the are
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accom anie an accurate translation of the relevant assages in
nglish in which case, for ur oses of inter retation of the Bi , such
translation shall govern
11. Do e t 11 1 The i er shall su mit oth technical an financial i s through e

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Co pri i t e ten ering ortal onl
Bid
11 2 nitiall , onl the Technical Bi s are o ene through e ten ering

ortal of N The Technical Bi s are evaluate the m lo er
No amen ments or changes to the Technical Bi s are ermitte
Bi s with Technical Bi s which o not conform to the s ecifie
re uirements will e rejecte as eficient Bi s
11 3 Price Bi s of technicall com liant Bi s shall e o ene tthrough e

ten ering ortal of N at a ate an time a vise the
m lo er The Price Bi s are evaluate an the Contract is
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awar e to the Bi er whose Bi has een etermine to e the

lowest evaluate su stantiall res onsive Bi
11 The Technical Bi shall contain the following

a canne co of etter of Technical Bi in accor ance with
TB 16
canne co of Bi ecurit , in accor ance with TB Clause
19
c canne co of alternative Technical Bi , if ermissi le, in
accor ance with TB Clause 13
canne co of written confirmation authori ing the signator
of the Bi to commit the Bi er, in accor ance with TB Clause
20 2
e canne co of ocumentar evi ence in accor ance with
TB Clause 17 esta lishing the Bi er s ualifications to
erform the contract an
f canne co of an other ocument re uire in the BD
11 5 The Price Bi shall contain the following

a canne co of etter of Price Bi
ummar sheet com lete online as er TB 1
c nline alternative Price Bi corres on ing to the alternative
Technical Bi , if ermissi le, in accor ance with TB Clause
13 an
an other ocument re uire in the BD
12. Bid Letter a d 12 1 The Bi er shall su mit the Technical Bi an the Price Bi online
Pri e S ed e through e ten ering ortal using a ro riate letter formats
furnishe in ection Bi ing Forms These forms must e
com lete without an alterations to their format, an no
su stitutes shall e acce te All lank s aces shall e fille in
with the information re ueste
12 2 The Bi er shall su mit, as art of the Price Bi , inclu ing

i the Bill
of uantities through online e Ten ering ortal
13. A ter ati e Bid 13 1 nless otherwise in icate in the BD , alternative i s shall
sh not e
consi ere
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13 2 hen alternative erio s for com letion are ex licitl inv
invite , a
statement to that effect will e inclu e in the BD , as will tthe
metho of evaluating ifferent erio s for com letion
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14. Bid Pri e a d 1 1 The rices uote the Bi er online in the summar shee
sheet of Bill
Di o t of uantities shall conform to tthe
he re uirements s ecifie elow
1 2 n the B , uantit an unit rates an there the amount
against each item have een in icate From this, rice of each
sche ule ill has een worke out an in icate in the summar
sheet in B The Bi er shall uote rates as single ercentage
a ove elow at ar in figures as er format for each sche ule ill
sheet. T e rate
in the summar sheet oted t e idder i
ar eet wi o e o idered or e a atio o
id . Rate o ered t ro a ot er edi or at a
ot er o atio wi ot e o idered.
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1 3 Delete
1 The Bi er can mo if its i an resu mit it an num er of times

through e Ten ering ortal efore the ea line for su mission of
i s An other corres on encein connection with the i is not
ermissi le an shall not e consi ere in i evaluation
1 5 nless otherwise rovi e in the BD an the Contract, the rates

an rices uote the Bi er are su ject to a justment uring
the erformance of the Contract in accor ance with the
rovisions of the Con itions of Contract n such a case, the
in ices an weightings for the rice a justment formulae shall e
as s ecifie in the Ta les of A justment Data inclu e in
Contract Data
1 6 f so in icate in TB 1 1, i s are eing invite for in ivi ual

contracts or for an com ination of contracts ackages
Bi ers wishing to offer an rice re uction for the awar of
more than one Contract shall s ecif in their i the rice
re uctions a lica le to each ackage, or alternativel , to

in ivi ual Contracts within the ackage Price re uctions or
iscounts shall e su mitte in accor ance with TB 1 ,
rovi e the i s for all contracts are su mitte an o ene at
the same time
1 7 All uties, taxes, an other levies a a le the Contractor un er

the Contract, or for an other cause inclu ing stan ar
s ecifications , as of the ate 28 a s rior to the ea line for
su mission of i s, shall e inclu e in the rates an rices an
the total Bi Price su mitte the Bi er
1 8 Bi ers shoul note that uring the rogress of the orks, the
foreign currenc re uirements of the outstan ing alance of the
Contract Price ma e a juste agreement etween the
m lo er an the Contractor in or er to reflect an changes in
foreign currenc re uirements for the Contract, in accor ance
with u -Clause 1 15 of the Con itions of Contract An such
a justment shall e effecte com aring the ercentages
uote in the i with the amounts alrea use in the orks
an the Contractor s future nee s for im orte items
1 9 Bi er shoul note that non-su mission of the etter of Price
Pr Bi
L
PB an or ummar sheet of B the i er shall result in
summar rejection of his i
15. C rre ie o Bid entirel in the

15 1 The i er shall uote the unit rates an the rices entir
a d Pa e t n ian u ees
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16. Do e t Technical
16 1 The Bi er shall furnish a commitment in etter of Technic
Co pri i t e Bi TB for e lo ment of e ui ment an ersonnel as
Te i a Bid sti ulate in ection 5 ork s e uirement
16 2 The i er shall furnish commitment in TB for su mitting

construction metho statement for all major activities of work an
get this a rove from the engineer rior to the commencement
of work on that activit in case of awar of contract
Technical
16 3 The Bi er shall furnisha commitment in etter of Technica
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Bi TB for a hering to mo ilisation an construction sche ule

as sti ulate in ection 5 ork s e uirement
16 Bi Technical
er shoul note that non-su mission of the etter of Te
Bi TB the i er shall result in summar rejection of his
i
17. Do e t 17 1 To esta lish its ualifications to erform the Contract in

E ta i i t e accor ance with ection 3 valuation an ualification Criteria,
a i i atio o the Bi er shall su mit as art of its technical Bi the information
t e Bidder re ueste in the corres on ing information sheets inclu e in
ection Bi ing Forms
17 2 Domestic Bi ers, in ivi uall or in joint ventures, a l ing for

eligi ilit for omestic reference shall su l all information
re uire to satisf the criteria for eligi ilit as escri e in TB
3
18. Period o Va idit 18 1 Bi s shall remain vali for a erio of 120 a s after the i
o Bid su mission ea line ate rescri e the em lo er A i
vali for a shorter erio shall e rejecte the em lo er as

non res onsive
18 2 n exce tional circumstances, the m lo er ma re uest Bi ers

to exten the erio of vali it of their i s The re uest an the
res onses shall e ma e in writing f a i securit is re ueste
in accor ance with TB 19, it shall also e exten e u to the
ate mentione in the letter of re uest for extension A Bi er
ma refuse the re uest without forfeiting its i securit A Bi er
granting the re uest shall not e re uire or ermitte to mo if its
i
19. Bid Se rit 19 1 nless otherwise s ecifie in the BD , the Bi er shall furnish as
art of its i , a i securit for the sai amount of n ian
u ees as s ecifie in the BD
19 2 The i securit shall e, at the Bi er s o tion, in an of the

following forms
a nline e a ment or
An uncon itional ank guarantee using the Form given in
ection Bi ing Forms The ank guarantee shall e
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from a ank having minimum net worth of over N 500
million from the s ecifie anks as un er
i a che ule Bank in n ia, or
ii a Foreign Bank having their o erations in n ia, or
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iii a Foreign Bank which o not have o erations in
n ia is re uire to rovi e a counter-guarantee
tate Bank of n ia,
The i securit shall e vali u to the ate as mentione in
BD , or u to the ate mentione in the letter of re uest for
extension, if an un er TB 18 2
n case the i er has o te for Bi securit in the form of an
uncon itional Bank guarantee, the i er shoul u loa the
scanne co of Bank uarantee with the i The original
Bank Guarantee should be delive
delivered in person to the official
nominated as indicated in the bid data sheet within 5 working
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days
day
da yss of deadline of submission of bids. Non submission of
scanned copy of Bank Guarantee with the bid on e-tenderin
e-tendering
portal and/or non submission of original Bank Guarantee
within the specified period shall lead to summary rejection of
bid. The details of the BG, physically submitted should match
with the details available in the scanned copy and the data
entered during bid submission time, failing which the bid will
be rejected
19 3 An i not accom anie an enforcea le an com liant i

securit , as re uire in accor ance with TB 19 1, shall e
summaril rejecte the m lo er as non-res onsive
19 The i securit of the Bi ers who have een etermine to e

un ualifie for o ening of their financial i s shall e returne
within 3 working a s after the o ening of financial i s The Bi
ecurit of unsuccessful i ers shall e returne within 3
working a s after issue of A to the successful Bi er

19 5 The i securit ma e forfeite

a if a Bi er with raws its i uring the erio of i
vali it s ecifie the Bi er on the etter of Bi s,
exce t as rovi e in TB 18 2 or
if a Bi er misre resents or omits the facts in or er to
influence the rocurement rocess
c if the successful Bi er fails to
i sign the Contract in accor ance with TB 0
ii furnish a erformance securit in accor ance with TB
1
iii furnish a omestic reference
reference securit if so re uire
if the un ertaking of the affi avit su mitte the i er or
its constituents in ursuance to TB clause or an of the
eclarations of etter of Technical Bi or etter of Price Bi
su mitte the i er has een foun to e false at an
stage uring the rocess of i evaluation
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19 6 The Bi ecurit of a shall e in the name of the that
th
su mits the i f the has not een legall constitute at the
time of i ing, the Bi ecurit shall e in the names of all
future artners as name in the letter of intent mentione in TB
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1
20. For at a d 20 1 The Bi er shall su mit Technical Bi an the Price Bi as

Si i o Bid escri e in TB Clause 11 through e ten ering ortal of N
20 2 The Bi shall e igitall signe a erson ull authori

autho e to
sign on ehalf of the i er
20 3 D T D
D. S i io a d Ope i o Bid
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21. O i e i io 21 1 The Bi er shall su mit the Technical an throug

rice i through e
a d ope i o ten ering ortal of N i e htt s rvnl euniwi ar e com
id
21 2 D T D
21 3 D T D
21 D T D
21 5 D T D
21 6 No etails a out rice ro osal shall e isclose irectl or

in irectl in the technical ro osal failing which the i shall e
rejecte

22. Dead i e or 22 1 Bi s must e receive the m lo er through e ten ering ortal

S i io o htt s rvnl euniwi ar e com onl not later than the ate an
Bid time in icate in the BD
22 2 The m lo er ma , at its iscretion, exten the ea line for the

su mission of i s amen ing the Bi ing Document in
accor ance with TB 8, in which case all rights an o ligations of
the m lo er an Bi ers reviousl su ject to the ea line
shall thereafter e su ject to the ea line as exten e
23. Late Bid 23 1 The e-Ten ering ortal cannot acce t an i once the ea line
for the ten er su mission has la se
24. Wit drawa , 2 1 A Bi er ma with raw, or mo if its i after it has een

S tit tio , a d su mitte through e-Ten ering ortal efore the ea line for
Modi i atio o su mission of i s
Bid
a D T D
D T D
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2 2 D T D
etw
2 3 No i ma e with rawn, or mo ifie in the interval etween the
ea line for su mission of i s an the ex iration of the erio
of i vali it s ecifie the Bi er on the etter of Bi or an
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extension thereof
25. Bid Ope i 25 1 The m lo er shall con uct the o ening of Technical Bi sthrough
sth
e-ten ering ortal of N i e htt s rvnl euniwi ar e com
e
25 2 The Price Bi s will remain uno ene until the time of o ening of
the Price Bi s The ate, an time, of the o ening of Price Bi s
will e announce through e- ten ering ortal
25 3 D T D
25 D T D
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25 5 D T D
25 6 D T D
25 7 D T D
25 8 At the en of the evaluation of the Technical Bi s, the m lo er

will intimate i ers who have su mitte su stantiall res onsive
Technical Bi s an who have een etermine as eing
ualifie for awar The ate an time of the o ening of Price
Bi s will e a vise through email
25 9 The m lo er will notif Bi ers in writing who have een rejecte

on the groun s of eing su stantiall non-res onsive to the
re uirements of the Bi ing Document an who have een
etermine as eing not ualifie as a result of evaluation of
Technical Bi an their Price Bi s shall not e o ene The i

securit of the i ers shall e returne as er ue rocess
25 10The m lo er shall con uct the o ening of Price Bi s through e

ten ering ortal of rvnl i e htt s rvnl euniwi ar e com of all
Bi ers who su mitte su stantiall res onsive Technical Bi s
an who have een etermine ualifie as a result of technical
evaluation
25 11D T D
25 12D T D
E. E a atio a d Co pari o o Bid

26. Co ide tia it 26 1 nformation relating to the examination, evaluation com arison,
re- ualification of Bi s an recommen ation of contract awar ,
shall not e isclose to Bi ers or an other ersons not
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officiall concerne with such rocess until information on
Contract awar is communicate to all Bi ers
26 2 An attem t a Bi er to influence the m lo er in the

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examination, evaluation com arison an re- ualification of
rejectio
the Bi s or Contract awar ecisions ma result in the rejection
of its Bi
en
26 3 Notwithstan ing TB u -Clause 26 2, from the time of o ening the
Technical Bi s to the time of Contract awar , if an Bi er
wishes to contact the m lo er on an matter relate to the
i ing rocess, it shoul o so in writing
27. C ari i atio o 27 1 To assist in the examination, evaluation & comparison and pre-
Bid qualification of the Bids, the Employer may, at its discretion, ask
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any Bidder for a clarification of its Bid. Any clarification

t
submitted by a Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change in
the prices or substance of the Bid shall be sought, offered, or
permitted, by the Employer in the evaluation of the Price Bids.
27 2 f a Bi er oes not rovi e clarifications of its i the ate an

time set in the m lo er s re uest for clarification, its i ma e
rejecte
28. De iatio , 28 1 During the evaluation of i s, the following efinitions a l

Re er atio , a d
a Deviation is a e arture from the re uirements s ecifie
O i io
in the Bi ing Document
eservation is the setting of limiting con itions or
withhol ing from com lete acce tance of the
re uirements s ecifie in the Bi ing Document an
c mission is the failure to su mit art or all of the
information or ocumentation re uire in the Bi ing

Document
29. Deter i atio o 29 1 The m lo er s etermination of a i s res onsiveness is to e

Re po i e e ase on the contents of the i itself, as efine in TB11
29 2 A su stantiall res onsive i is one that meets the re uirements

of the Bi ing Document without material eviation, reservation,
or omission A material eviation, reservation, or omission is one
that,
a if acce te , woul
i affect in an su stantial wa the sco e, ualit , or
erformance of the orks s ecifie in the Contract
or
ii limit in an su stantial wa , inconsistent with the
Bi ing Document, the m lo er s rights or the
Bi er s o ligations un er the ro ose Contract or
if rectifie , woul unfairl affect the com etitive ositio
osition
of other Bi ers resenting su stantiall res onsive
i s
L
29 3 The m lo er shall examine the technical as ects of th the i
su mitte in accor ance with TB 16, Technical Bi , in articular,
articul
to confirm that all re uirements of ection 5 orks
e uirements have een met without an material eviation or
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reservation
29 f a i is not su stantiall res onsive to the re uireme

uirements of the
Bi ing Document, it shall e rejecte the m lo er an ma
not su se uentl e ma e res onsive correction of the
material eviation, reservation, or omission
30. No o or itie , 30 1 Provi e that a i is su stantiall res onsive, the m lo er ma

Error , a d waive an nonconformities in the i that o not constitute a
O i io material eviation, reservation or omission
30 2 Provi e that a i is su stantiall res onsive, the m llo er ma

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re uest that the Bi er su mit the necessar information or

ocumentation, within a reasona le erio of time, to rectif
nonmaterial nonconformities in the i relate to ocumentation
re uirements e uesting information or ocumentation on such
nonconformities shall not e relate to an as ect of the rice of
the i Failure of the Bi er to com l with the re uest ma
result in the rejection of its i
30 3 Delete
31. Pre- a i i atio o
31 1 The m lo er shall etermine to its satisfaction uring the
t e Bidder
evaluation of Technical Bi s whether Bi ers are ualifie to
erform the Contract satisfactoril
31 2 The etermination shall e ase u on an examination of the

ocumentar evi ence of the Bi er s ualifications su mitte
the Bi er, ursuant to TB Clause 17, to clarifications in
accor ance with TB Clause 27 an the ualification criteria
in icate in ection 3 valuation an ualification Criteria
Factors not inclu e in ection 3 valuation an ualification
Criteria shall not e use in the evaluation of the Bi er s

ualification
31 3 An affirmative etermination of technical i shall e a rere uisite

for the o ening an evaluation of a Bi er s Price Bi A
negative etermination shall result into the is ualification of the
Bi , in which event the m lo er shall return the uno ene Price
Pro osal to the Bi er-
31 D T D
31 5 D T D
32. Corre tio o 32 1D T D

Arit eti a Error
a D T D
a d O i io i
Pri e Bid a d D T D
E a atio o Bid
Pri e c D T D
D T D
e D T D
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f D T D
g D T D
32 2 D T D
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33. Co er io to 33 1 For evaluation an com arison ur oses the currencies of tthe i
Si e C rre shall e converte into n ian
ian u ees as state in BD
34. P r a e 3 1 nless otherwise s ecifie in the BD Preference

the Purchase Prefere
Pre ere e shall not a l
3 2 nless otherwise s ecifie in the BD Preference
the Domestic Prefere
shall not a l
35. E a atio o Bid which the

35 1 The m lo er shall evaluate Price Bi s of each Bi for whi
Technical Bi s have een etermine to e su stantiall
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res onsive The m lo er shall use the criteria an

criteria
metho ologies liste in this Clause No other evaluation criter
or metho ologies shall e ermitte
35 2 To evaluate the rice Bi of a i , the m lo er shall consi

co er the
following
a the i rice, exclu ing Provisional ums an the
rovision, if an , for contingencies in the ummar Bill of
uantities, ut inclu ing Da ork items, where rice
com etitivel
D T D
cD T D
D T D
e a lication of all the evaluation factors in icate in ection
3 valuation an ualification Criteria

35 3 The estimate effect of the rice a justment rovisions of the

Con itions of Contract, a lie over the erio of execution of
the Contract, shall not e taken into account in i evaluation
35 f this Bi ing Document allows Bi ers to uote se arate rices

for ifferent contracts, an the awar to a single Bi er of
multi le contracts, the metho olog to etermine the lowest
evaluate rice of the contract com inations, inclu ing an
iscounts offere in the etter of Price Bi , is s ecifie in ection
3 valuation an ualification Criteria
35 5 f the i , which results in the lowest valuate Bi Price is

su stantiall on lower si e an or seriousl un alance in the
o inion of the m lo er as er criteria efine elow, the
m lo er ma re uire the i er to su mit a itional
erformance securit as un er -
a f overall rice uote the 1 i er is elow the
engineer s estimate rice more than 10 an the
ifference etween overall rice uote the 1 an 2 is
more than 5 of the estimate rice, then the i rice of 1
i er shall e treate as su stantiall on lower si e an
such i er shall e oun to furnish a itional erformance
L
securit e ual to the 0 9x engineer s estimate rice 1
rice or 0 95 x 2 rice 1 rice whichever is lower, on
this account xam le elow emonstrates the metho of
calculation to arrive at a itional erformance securit
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u ose overall rice uote the 1 i er is 17 elow
the estimate rice an the overall rice uote 2 i er
is 8 elow the estimate rice n this case the overall
rice uote the 1 i er is lower more than 10 of
the estimate rice an also the ifference etween overall
rice uote the 2 an 1 i er is more than 5 of the
estimate rice, hence the 1 i er shall e re uire to
furnish a itional erformance securit for an amount e ual
to
0 9 x engineer s estimate rice 1-17 100 x engineer s
estimate rice 0 07 x engineer s estimate rice 7
of engineer s estimate rice or 0 95 x 1-8 100 x
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engineer s estimate rice 1-17 100 x engineer s

estimate rice 00 x engineer s estimate rice
of engineer s estimate rice whichever is lower
As er the a ove 1 i er shall e re uire to su mit
a itional erformance securit of of engineer s
estimate rice
f for an ill sche ule of uantities age a ove or elow
uote the i er on the estimate rice is e on 15
elow the overall age ifference etween the uote
contract rice an the engineers estimate rice, then the
rice for that articular sche ule shall e treate as seriousl
un alance an i er shall e oun to furnish a itional
erformance securit for such un alance rice xam le
elow emonstrates the metho of calculation to arrive at
un alance rice an a itional erformance securit
u ose for the 1 i er overall age ifference etween
uote contract rice an the engineers estimate rice
verall contract rice verall estimate rice x 100
overall estimate rice +

aximum age elow ermitte over estimate rice of
an ill sche ule in this case + 15 -11
u ose for the 1 i er has uote 20 elow estimate
rice of sche ule A then the ricing of the sche ule A shall
e treate as un alance an the i er shall e re uire to
furnish a itional erformance securit for an amount e ual
to 20 11 of the estimate rice of sche ule A
36. Co pari o o 36 1 The m lo er shall com are all su stantiall res onsive i s to
Bid etermine the lowest evaluate i , in accor ance with TB 3
an 35.
37. E p o er Ri t 37 1 The m lo er reserves the right to acce t or reject an i , an to

to A ept A Bid, annul the i ing rocess an reject all i s at an time rior to
a d to Re e t A ncurring an lia ilit to Bi ers
contract awar , without there iincurring
or A Bid n case of annulment, all i s su mitte an s ecificall , i
securities, shall e rom tl returne to the Bi ers
L
F. Award o Co tra t
38. Award Criteria 38 1 The m lo er shall awar the Contract to the Bi er whose i is
su stantiall res onsive to the Bi ing Document, rovi e
erfor
further that the Bi er is etermine to e ualifie to erform
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the Contract satisfactoril an whose offer has een etermine
to e the lowest evaluate su ject to TB 38 2 elow n case o of
more than one i s are evaluate to e lowest, Contract shall e
awar e to the i er having higher average annual construction
turnover calculate as total certifie a ments receive for
contracts in rogress or com lete in e uivalent N within th the
last three financial ears
38 2 The m lo er has the right to review at an time rior to awar of

contract that the ualification criteria as s ecifie in ectio ection 3
valuation an ualification Criteria are still eing met th
the
Bi er whose offer has een etermine to e the lowest
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evaluate Bi A Bi shall e rejecte if the ualification cri criteria

as s ecifie in ection 3 valuation an ualification Criteri
Criteria
are no longer met the Bi er whose offer has een
etermine to e the lowest evaluate Bi n this event the
m lo er shall rocee to the next lowest evaluate Bi to make
a similar reassessment of that Bi er s ca a ilities to erform
satisfactoril
39. Noti i atio o 39 1 Prior to the ex iration of the erio of i vali it , the m lo er
Award shall notif the successful Bi er, in writing, that its i has een
acce te the Com etent Authorit at N s Cor orate
ffice at Delhi or CP s ffice The notification letter
hereinafter an in the Con itions of Contract an Contract
Forms calle the etter of Acce tance shall s ecif the sum
that the m lo er will a the Contractor in consi eration of the
execution an com letion of the orks hereinafter an in the
Con itions of Contract an Contract Forms calle the Contract
Price an the re uirement for the Contractor to reme an
efects therein as rescri e the Contract
39 2 ntil a formal contract is re are an execute , the notification of
awar shall constitute a in ing Contract

40. Si i o Co tra t 0 1 Prom tl after notification, the m lo er shall sen the successful
Bi er the Contract Agreement
02 ithin twent -eight 28 a s of recei t of the Contract Agreement,
the successful Bi er shall sign, ate, an return it to the
m lo er
41. Per or a e 11 ithin twent -eight 28 a s of the recei t of notification of awar
Se rit from the m lo er, the successful Bi er shall furnish the
erformance securit in accor ance with the con itions of
contract, su ject to TB 35 5, using for that ur ose the
Performance ecurit Form inclu e in ection 8 Contract
Forms, or another form acce ta le to the m lo er
1 2 Failure of the successful Bi er to su mit the a ove-mentione
Performance ecurit or to sign the Contract Agreement shall
constitute sufficient groun s for the annulment of the awar an
forfeiture of the i securit
1 3 The a ove rovision shall not a l to the furnishing of a Domestic
Preference ecurit , if so re uire
42. ri di tio o The i ing rocess shall e governe an construe in
Co rt accor ance with the laws of n ia an the Courts as in icate in
i
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Bi Data heet shall have exclusive juris iction over all the
connection
is utes issues arising un er, ursuant to an or in connectio
with the i ing rocess
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R

LSection 2
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Bid Data Sheet (BDS)
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Page Intentionally
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Left Blank
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
             


         RVNL/KOL/New Garia-
Airport/Metro/ANVS Dated 15.06.2020
 
 PACKAGE- ANVS: “CONSTRUCTION OF

     
VIADUCT, RAMP & UNDER GROUND RCC BOX (CUT & COVER, BOX
PUSHING) INCLUDING RELATED WORKS FOR 3.520 KM LENGTH
FROM CH. 25891.527 TO CH. 29410.989 BETWEEN EXISTING PIER
CP-760 (NEAR CITY CENTRE-II) TO MERGING POINT WITH METRO
RAILWAY AT BIMAN BANDAR STATION YARD INCLUDING TWO
L STATIONS (RABINDRA TIRTHA & VIP ROAD) WITH ALL ALLIED

WORKS (ARCHITECTURAL, ELECTRICAL, MECHANICAL, HEATING,
VENTILATION, AIR CONDITIONING, FIRE DETECTION, FIRE
SUPPRESSION SYSTEM & PUBLIC HEALTH ENGINEERING WORKS)
VN
IN NEWGARIA-BIMANBANDAR METRO CORRIDOR OF KOLKATA
BENGAL”.
METRO RAILWAY LINE, WEST BENGAL”.
 3 No. of partners

For clarification purposes only, the Employer’s address is

ITB 7.1 Chief Project Manager/KOL-II
Rail Vikas Nigam Limited,
24, Deshpran Shashmal Road
R
(Besides Tollygunge Railway Station)

Kolkata-700033
West Bengal, India
Tel: 033-24247330, Fax: 033-24247332
E-mail: tenderkol2@gmail.com
For any Query regarding e-tendering portal / Bid submission
please contact helpdesk Number 011-49606060, Email:
helpdeskeuniwizarde@gmail.com, Mr Abhinav Bharat - +91
9355030601 and Mr Satyam Kumar Rai +91 9355030633
ITB 7.4 A Pre-Bid meeting takes place at the following date, time and place:
Date: 01/07/2020.
Time: 11.30 hrs





Section 2: Bid Data Sheet Page 1 of 9
02.05.2020 for e-tendering




Site visit is not proposed to be organized by the Employer. However, the

bidders are advised to visit the site before pre-bid meeting.

 
 
 
 

L
 




VN
            
            
 
               

 
R
 

 

 

 The bid security shall be valid up to 09/01/2021. The original Bank
Guarantee should be submitted to Chief Project Manager/KOL-II, Rail Vikas
 Nigam Limited, 24, Deshpran Shashmal Road (Besides Tollygunge Railway
Station), Kolkata-700033, West Bengal, India.
Tel: 033-24247330, Fax: 033-24247332
             


            




02.05.2020 for e-tendering


For bid submission purposes e-Tendering website address is:
https://www.rvnl.euniwizarde.com
The deadline for bid submission is:
Date: 31/07/2020.
Time: 11:00 hrs.
 The online bid opening shall take place at e tendering portal of RVNL
rvnl.euniwizarde.com:
Bid Opening:
Date: 31/07/2020.
Time: 11:30 hrs. 
             

L The Employer shall award the Contract to the Bidder whose bid is
substantially responsive to the Bidding Document, provided further that the
Bidder is determined to be qualified to perform the Contract satisfactorily
and whose offer has been determined to be the lowest evaluated subject to
VN
ITB 38.2 and ITB 43 below. In case of more than one bids are evaluated to
be lowest, Contract shall be awarded to the bidder having higher average
annual construction turnover (calculated as total certified payments
received for contracts in progress or completed) in equivalent INR within
the last three financial years
 
The provisions of revised ‘Public Procurement

R
 Preference to
Make in India (Preference to Make in India) Order 2017’ issued by
Department of Industrial Policy and Promotion under
Ministry of Commerce and Industry vide letter no. P-
45021/2/2017-PP (BE-II) dated 28.05.2018 shall be
applicable to the bidding process and award of the
contract shall be done accordingly. In this connection,
the minimum local content shall be 50% and the
margin of purchase preference shall be 20%. For award
of contract, para 3.c. of the revised ‘Public
Procurement (Preference to Make in India) Order
2017’ shall be applicable in addition to the other

provisions in the bidding documents in this regard.

02.05.2020 for e-tendering
ANNEX-1 to Section-
2(BDS)
L
VN
R

02.05.2020 for e-tendering
L
VN
R

02.05.2020 for e-tendering
L
VN
R

02.05.2020 for e-tendering
L
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Section
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aluation and ualification riteria
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( )
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Page Intentionally
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Left Blank
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CONTENTS OF E C
Clause Descri tion Page No
10 valuation 2
11 A e uac of Technical Pro osal 2
12 ulti le Contracts 2
13 Com letion Time 2
1 Technical Alternatives 2
15 argin of Preference 2
151 Purchase Preference to Central Pu lic ector nter rises CP s 2
152 Preference to ake in n ia 2
20 ualification 3
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21 ligi ilit 3
22 Financial ituation 3
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23 x erience 5
231 ecific Construction x erience 5
2 Personnel 9
25 ui ment 9
26 ecialist su -contractor s 9
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ection 3 valuation an ualification Criteria Page 1 of 9

Base on BD u ate u to 02 05 2020 for e-ten ering
E a atio
na ition to the criteria liste in TB 3 2 a - e , the following criteria shall a l
1.1. Ade a o Te i a Propo a
valuation of the Bi er s commitment to mo ili e ke e ui ment an ersonnel for the contract
consistent with the re uirements sti ulate in ection 5 orks e uirements regar ing work
metho s, sche uling, an material sourcing
1.2. M tip e Co tra t are ot e i a ed.
1.3. Co p etio Ti e
Alternative Com letion Time is not ermitte
1.4. Te i a A ter ati e

Technical alternatives are not ermitte
1.5. Mar i o Pre ere e
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1.5.1. P r a e Pre ere e to Ce tra P i Se tor
or E terpri e (CPSE )
Purchase Preference to CP s shall not a l

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1.5.2. Pre ere e to Ma e I I dia
Preference as efine in TB clause 3 shall e a lica le

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2. a i i atio
2.1 E i i i it
Criteria Co p ia e Re ire e t Do e t
Si e oi t Ve t re S i io
E tit A Part er Ea Part er Lead Part er Re ire e t
Co i ed
2.1.1 Co i t o I tere t
No Conflict of interest in ust meet xisting or ust meet ust meet etter of
accor ance with TB u - re uirement inten e re uirement re uirement Technical Bi
Clause 3 must meet Form P 1
re uirement
2.1.2 S are o part er
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o
The share of artners N A 100 25 50 or
shall not e less than the Agreement
s ecifie ercentage Form r
5
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2.1.3 Di a i i atio o Bidder
Not Dis ualifie un er ust eet xisting or ust meet ust meet etter of
Clause of TB e uirement inten e re uirement re uirement Technical Bi
must meet Form P 1
re uirement
Affi avit
Form P 3
2.2 Fi a ia Stat
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Criteria Do e t
Co p ia e Re ire e t
oi t Ve t re S i io
Si e
Re ire e t A Part er Ea Lead Re ire e
E tit
Co i ed Part er Part er t
2.2.1 Hi tori a Fi a ia Per or a e
u mission of au ite alance
sheets for the last five financial ust meet Not ust meet ust meet Form F N 1
ears refer note elow the ta le re uirement a lica le re uirement re uirement with
to emonstrate the current attachments
soun ness of the Bi ers financial
osition As a minimum criteria,
Profit Before Tax PBT shoul e
ositive for two financial ears out
of last five financial ears
2.2.2 A era e A a Co tr tio T r o er:
inimum average annual ust meet ust meet ust meet ust meet Form F N 2

construction turnover in e uivalent re uirement re uirement At least At least 70

INR 351.08 Crores Calculate as 25 of the of the
total certifie a ments receive re uirement re uirement
for contracts in rogress or
com lete , within the last three
financial ears 2017-18, 2018-19,
2019-2020 refer note elow the
ta le
2.2.3 Net Wort
inimum average Net- orth Total ust meet ust meet ust meet ust meet Form F N
Assets Total ia ilities shoul not e re uirement re uirement At least 25 At least 70 1
less than INR 105.32 Crore uring of the of the
the last three financial ears 2017-18, re uirement re uirement
2018-19, 2019-2020 refer note elow
the ta le
2.2.4 Bid Capa it
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Availa le Bi ca acit A x N x 1 5 0 33
x N x B , shoul e more than the total ust meet ust meet ust meet ust meet Form F N
stimate rice where, re uirement re uirement At least 25 At least 70 2 3
of
of the of the
A aximum value of works execute in
re
re uirement re uirement
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an one ear uring the last 5 ears which
will take into account the com lete as well
as works in rogress total contract
recei ts
B Total value of existing commitments
irres ective of the com letion erio of
those works in case i er or artner of
has existing commitment through another
, then the commitment will e taken in
ro ortion to the share of the Bi er in the
an
N Num er of ears rescri e for
com letion of works in the resent i
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Note n the event that the au ite accounts for the latest co conclu e Financial ear are not
availa le, the Bi er shall furnish information ertaining to tthe last five financial ears after
ignoring the latest conclu e financial ear n case the i er su mits au ite financial
information for the last six or more ears, onl the figures fo
for the latest five ears shall e
consi ere for evaluation
ection 3 valuation an ualification Criteria Page of 9

2.3. E perie e
Criteria Co p ia e Re ire e t
oi t Ve t re Do e t
Si e A S i io
Re ire e t Ea Lead Re ire e t
E tit Part er
Part er Part er
Co i ed
2.3.1 Spe i i Co tr tio E perie e
2.3.1 (a) Co tra t o Si i ar must must not must meet Form P-

Si e a d Nat re. meet meet a lica le re uireme 2a
xecution as contractor, or re uire re uirem nt of either
su contractor, at least ne ment of ent of or
contract with a value of atleast either either
INR 315.97 Crore that has een or or
successfull or is su stantiall
com lete within the last even
ears efore the ea line for
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su mission of the i s, an that
is similar to the ro ose work
The similar work here shall e
that which inclu es atleast the
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uantit of one of the ke
activities mentione elow
i Construction an launching of
Precast P C gir ers la an or
Com osite ir ers of 22 or longer
s ans with total length of such
s ans eing 1600 or more in
ailwa oa etro ail Bri ges
inclu ing ia ucts
ii xecution of 20000 R of
installation of ile of ia of 1000 mm
or more in ailwa oa etro ail
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Bri ges inclu ing ia ucts
OR
xecution as contractor, or
su contractor, at least Two
contracts, each with a value of at
least INR 184.32 Crore that
have een successfull or are
su stantiall com lete within
the last even ears efore the
ea line for the su mission of
the i s, an that are similar to
the ro ose work ach similar
work here shall e that which
inclu es at least the uantit of
one of the ke activities

mentione elow
i Construction an launching of
Precast P C gir ers la an or
Com osite ir ers of 22 or longer
s ans with total length of such
s ans eing 800 or more in
ailwa oa etro ail Bri ges
inclu ing ia ucts
ii xecution of 10000 R of
installation of ile of ia of 1000 mm
or more in ailwa oa etro ail
Bri ges inclu ing ia ucts
2.3.1 ( ) Co tr tio
E perie e i Ke A ti itie
xecute uring the last
even ears rior to the
a lications su mission
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ea line
For the contracts as er 2 3 1 must must ust ust eet Form P-
a a ove an or other meet meet eet re uireme 2
contracts a minimum
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all all re uire nt of
construction ex erience in the ment of atleast
re uire re uirem
following ke activities atleast one of the
ments ents
one of Ke
i. Construction an launching of the activities
P C gir ers la an or Ke
Com osite gir ers of 22 M or activitie
longer s ans with total length s
of such s ans eing 640 M or
more in ailwa roa metro
rail ri ges inclu ing
via ucts in 1 ear
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ii. xecution of 8000 M of

installation of ile of iameter
of 1000 MM or more in
ailwa roa metro rail
ri ges inclu ing via ucts in
1 ear
iii Civil ngineering works of at

least one n ergroun or
one levate etro tation of
an si e or Civil work of
ingle ultistorie uil ing
Air ort uil ing or ailwa
station uil ing or ultistorie
Commercial uil ing or other
ultistorie Pu lic Buil ing
etc of minimum floor Area
2600 in 1 ear

iv Construction of Dia hragm

wall 800 wi e or more for
un ergroun construction
work of 4000 or more in
ailwa oa etro ail
Projects or other un ergroun
construction work in one ear
Note -
1 a For the ur ose of value of work for the ast ex erience of a firm in a in su clause 2 3 1 a cre it
shall e given in ro ortion of the ercentage share of the firm in that F For ast ex erience of ke
activities in su clause 2 3 1 a cre it shall e given for execution of the uantit of that s ecific
activit execute the firm as art of a , ul certifie the m lo er f the m lo er s Certificate
oes not in icate the s ecific uantit of ke activit activities
ies execute each artner, in such a case
cre it for uantit of each ke activit shall e given as er following rovisions iin or er of riorit
i As er etails given in agreement forming art of the relevant
relevant Contract Agreement
ii f agreement oes not rovi e such etails, then cre it shall e given in ro ortion of the
ercentage share of the firm in that
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n case a uoting for the ten er has execute similar wo
work
rk s ecifie in 2 3 1 a an construction
ex erience in ke activities s ecifie
ifie un er 2 3 1 , with the same constitution of , the re uirement
s ecifie to e met un er su clause 2 3 1 a consi ere to have een met treating the
shall e consi
as a single entit for this ur ose
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2 Delete
3 For u -clause 2 2 2 Average Annual Construction Turnover, the Bi er shoul su mit actual
construction turnover figures for the s ecifie financial ears For valuation ur oses the figures of
revious ears shall e u ate 5 er ear com oun e annual
annuall ase on u ee value to ring
them to the level of the last Financial
Financial ear s ecifie in su -c-clause f the figure for turnover in an
in ivi ual ear is in a currenc other than N , then the same shall first e converte to N ase on
the exchange rates u lishe eserve Bank of n ia nternati
nternational onetar Fun in that or er as
on last a of that ear an then the figures in N shall e u ate as mentione a ove
For u -clause 2 3 1 ecific Construction x erience, the Bi er shoul su mit actual alue of ork
com lete su stantiall com lete lete valuation ur oses shall e u ate ase on
alue of ork for valuati
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u ee value to ring them to the rice level of ate of ea line for su mission of i s as er formula
given elow -
A B 1+ 5 36500 x N
here
A u ate value of work on ea line for su mission of i s
B value of work on the ate of com letion su stantial com letion as in icate in the m lo er s
certificate
N Num er of a s etween ate of com letion an ea line for su mission of i s
The ase ate for u ating ur ose shall e consi ere as the ate of com letion of work as certifie
the ngineer-in Charge
n case value of the work is mentione in a currenc other than N , then the same shall first e
converte to N ase on the exchange rates u lishe eserve Bank of n ia nternational
onetar Fun in that or er as on the ate of com letion su stantial com letion of the work an then
the figures in N shall e u ate as mentione a ove
5 The hrase su stantial com letion use in clause 2 3 1 a shall mean where the em lo er has
certifie

ngoing works where re uire value of the work as well as re uire uantit of ke activit has een
h sicall com lete The same shoul e su orte m lo er s certificate
6 valuation of item 2 3 1 shall e one to assess the execution of uantit of each activit in a erio
of an one ear n cases, where ear-wise uantities For i entical Perio of a articular ke activit
are in icate in the em lo er s certificate s of single or multi le works, the same will e consi ere to
arrive at the total uantit of the articular ke activit execute in a single ear through single multi le
contract n all other cases, assessment of execution of uantit of the ke activit in a erio of an one
ear will e ma e in the following manner
(i) f the criteria is eing met through a single contract as er statement su mitte the i er as
re uire vi e Para vi elow , then the uantit execute shall e ivi e the num er of
months from start of execution of activit u to the en of execution of activit an multi lie 12
to arrive at the uantit execute in a ear if the erio of execution is less than 12 months, the
same will e taken as 12 months for calculation ur oses to esta lish whether the criteria is
eing met
(ii) f the criteria is eing met through multi le contracts as er
er statement su mitte the i er as
re uire vi e Para vi elow , then the uantities execute throughthrough these contracts will e a e
an the sum shall e ivi e num
um er of months for the erio starting from earliest month of
start of execution of the activit in an of the contracts an en ing with the latest month of
execution of the activit in an of the contracts, as er em lo er s certification n case the erio
etween the earliest start month an latest finish month is less than 12 months, it will e taken as
12 months for calculation ur ose This average will then e multi lie 12 to arrive at uantit
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execute in a ear to esta lish whether the criteria is eing met
met
(iii) n case em lo er s certificate oes not in icate start en mon
month
th of execution of the ke activit
then start en month of contract shall e consi ere as the sta
start
rt en month of execution of the
ke activit
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(iv) Delete
(v) For the contracts starting more than seven ears rior to the ea line for su mission of i s an
where em lo er s certificate oes not clearl in icate uantit of a articular ke activit execute
uring last seven ears rior to the ea line for the su mission of i s, in such a case, uantit
consi ere to e execute uring the erio of the such contract
contrac falling within last seven ears
shall e worke out on ro orti onate asis i e
ortionate a l ing ratio
ra of erio of contract falling in last
seven ears to total erio of the contract or erio of execution
execut of ke activit falling in last seven
ears to total erio of execution of the ke activit as given in em lo er s certificate as the case
ma e Provisions of note i a ove shall also a l to case cases where erio falling within last
seven ears is less than 12 months
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(vi) Bidder o d it a tate e t i di ati a to ow riteria pe i ied der ite 2.3.1( )

i ei et d re erri to t e re e a t e p o er erti i ate e o ed wit t e id.
7 multi track multi lane ri ges shall e one as

For u -clause 2 3 1 valuation of length of s ans for mult
un er
a n case of ailwa ri ges etro via uct, accommo ating multi le tracks, the length of s an for
each track shall e taken into consi eration n case of oa ri ges accommo ating multilanes,
the cre it for length of one s an shall e given for ever two lanes
The cre it for multi le tracks multilane shall e given onl if the num er of tracks or num er of
lanes is s ecificall mentione in the certificate of the em lo er, otherwise cre it shall e given for
single track lane onl
8 Delete
9 Delete

2.4 Per o e
The Bi er must give an un ertaking to rovi e at least the ersonnel for the ke osition as given
in ection 5 orks e uirement, if he is awar e the contract
2.5. E ip e t
The Bi er must give an un ertaking to rovi e at least the ke e ui ment for execution of the
work as given in section 5 orks e uirement- co e of ork Ch-1, if he is awar e the contract
2.6. Spe ia i t - o tra tor

The Bi er must give a se arate un ertaking for each ke activit mentione elow that either he
is having minimum re uisite ex erience mentione elow against each activit himself or he will e
e lo ing s ecialist su contractor not excee ing three for each activit , each su -contractor
having such ex erience in ro ortion of the uantit ro ose to e assigne to him , if he is
awar e the contract
Ke Activit inimum x erience e uirement for this Package execute

d ri t e a t Se e ear rior to the a lications su mission
No ex
ea line for the Bi er or the s ecialist su contractor for execution
of following Ke activities:
activities:
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houl have com lete the Ke Activit for num er of
I elevate un ergroun station or
etro tations or Air ort or ailwa stat
ultistorie Commercial or Pu lic uil ing mentione elow whic
which
is are successfull commissione
a P Pu lic ealth 1 No
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ngineering
Architectural Finishing 1 No
works
c tation ignage orks 1 No
orks 1 No
e Fire Detection an Fire 1 No

u ression stem
houl have com lete the Ke Activit for ater Proofing of
ater Proofing of un ergroun CC B or other un ergroun CC tructures of area
un ergroun CC 3000 or more Area will e measure as surface area of the water
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B roofing one
Note f the contract is awar e to the i er an he himself oes not have re uisite ex erience as
a ove, he is re uire to enter into legall enforcea le agreement
agreeme with the s ecialist su -
contractor at least one month rior to sche ule starting of Ke activit as er rogram
su mitte him as contractor an agree the ngineer The agreement must s ecif
the s ecific role an res onsi ilit of the su contractor
IMPORTANT NOTE FOR SPECIAL ATTENTION OF BIDDER:
EACH BIDDER SHOULD SUBMIT DETAILS /REFERENCES AS TO HOW THE ELIGIBILITY

CRITERIA IS BEING MET BY THE BIDDER AGAINST EACH ITEM OF E C.THIS SHOULD BE
PREPARED AND SUBMITTED IN THE PERFORMA E C FORM No.1 ENCLOSED IN SECTION 4.

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Section
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Bidding or s
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Page Intentionally
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Left Blank
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Se tio 4: Biddi For
This ection contains the forms which are to e com lete the Bi er an su mitte as art of his
Bi
Ta e o For
Letter o Te i a Bid For PS 1 ................................................................................................... 2
Letter o Pri e Bid For PS 2 ............................................................................................................ 4
For at or A ida it (a o wit Bid) For PS 3 . ... . ...5
For at or A ida it ( e ore ope i o pri e id) For PS 4 . 8
S ........................................................................................
ed e .............................................................................................................................................
For
PC/1.. .. .. .....................9
.......
Bid Se rit For :
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BDF/1 .. .....................
.....................10
Letter o Bid
For : V/1... .. .. ...................12

...
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For : V/2 ...............14
For : V/3... ... .......................15

................
Dra t MOU or V
For : V/4 ... ...............17

...............
For : V/5 . ..............21
Bi o a titie (BO ) .. .. .......................................25

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Bidder
a i i atio . .. . ........... 26
For ELI - 1: Bidder I or atio S eet ... .
......................27
For ELI - 2: V I or atio S eet ... ...................................28
........
For FIN - 1: Fi a ia Sit atio ... ........
...................................29
For FIN - 2: A a Co tr tio T r o er or t e a t 5 ear ............................31
For FIN - 3: C rre t Co tra t Co it e t . 32
For EXP 2(a): Spe i i Co tr tio E perie e . . ...33
For EXP 2( ): Spe i i Co tr tio E perie e .. . 34
E C For No.1 . .. .35
FORM NO. 2 CHECKLIST FOR CLAUSES PERTAINING TO SUMMARY RE ECTION OF BID.......36
ection Bi ing Forms Page 1 of 36

For : PS 1
Letter o Te i a Bid
Date
nvitation for Bi No
To
e, the un ersigne , eclare that

a e have examine an have no reservations to the Bi ing Documents, inclu ing A en a
issue in accor ance with nstructions to Bi ers TB 8
e offer to execute the orks in conformit with the Bi ing Documents
c ur i shall e vali for a erio of a s from the ate fixe for the i su mission
ea line in accor ance with the Bi ing Documents, an it shall remain in ing u on us an
ma e acce te at an time efore the ex iration of that erio
f our i is acce te , we commit to o tain a erformance securit ecurit in accor ance with the
Bi ing Documents
e f our i is acce te , we commit to e lo ke e ui ment an n ke ersonnel consistent with
the re uirements sti ulate in ection 5 orks e uirements
f f our i is acce te , we commit to su mit work metho statements
statements for all major activities an
get these a rove from the engineer rior to commencing work on on such activities e also
un erstan that the work shall e execute as er the a rove metho statements without
an eviations
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g e, inclu ing an su contractorstors or su liers for an art of the contract, o not have an
conflict of interest in accor ance with TB 3
h e are not artici ating, as a Bi er or as a su contractor,
contractor, in more than one i in this i ing
rocess in accor ance with TB 3, other than alternative offers su mitte in accor ance with
TB 13
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i e eclare that we are not lia le to e is ualifie in Accor Accor ance with TB , an we are
enclosing the affi avit for the same as er the Performa given in the i ocument
j e un erstan that this i , together with our written acce acce tance thereof inclu e in our
notification of awar , shall constitute a in ing contract etween
etween us, until a formal contract is
re are an execute an
k e have not ma e an eviations from the re uirement of the i ing ocument an we have
also not ma e an tam ering or changes in the i ing ocuments ocumen on which the i is eing
su mitte an if an tam ering or changes are etecte at an stage, we un erstan the i
will invite summar rejection an forfeiture of i securit the th contract will e lia le to e
terminate along with forfeiture of erformance securit , even if A has een issue
l f our i is acce te , we o t to take a ment into the ank an account, nominate us
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f our i is acce te , we o t to take a ment through etter o of Cre it C arrangement as er
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CC clause 1 7 1 an we here affirm having rea over an agree agr to the terms an
con itions of the C o tion e also un erstan that the o tion of taking a ment through C
arrangement, shall e final an no change shall e ermitte , tthereafter, uring execution of
contract
[Delete whichever is not applicable. In case the bidder fails to delete one of the two options
above, the option of payment into the bank account, nominated by the contractor shall prevail]
m e eclare that the su mission of this i confirms that no agent, mi leman or an

interme iar has een, or will e engage to rovi e an services or an other item of work
relate to the awar an erformance of this contract e further confirm an eclare that no
agenc commission or an a ment which ma e construe as an agenc commission has
een, or will e, ai an that the i rice oes not inclu e an such amount e
acknowle ge the right of the m lo er, if he fin s to the contrar , to eclare our i to e
noncom liant an if the contract has een awar e to eclare the contract null an voi
n e un erstan that ou are not oun to acce t the lowest evaluate i or an other i that
ou ma receive
Name

n the ca acit of
igne
Dul authori e to sign the Bi for an on ehalf of
Date
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For : PS 2
Letter o Pri e Bid

Date
nvitation for Bi No
To
e, the un ersigne , eclare that
a e have examine an have no reservations to the Bi ing Documents,

Do inclu ing
A en a issue in accor ance with nstructions to Bi ers TB 8
e offer to execute the ork in conformit with the Bi ing Documents
c The total rice of our Bi is in icate in the S ar S eet o Bi o
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a titie ,
e un erstan that this i , together with our written acceacce tance thereof inclu e in
our notification of awar , shall constitute a in ing contract etween us, until a formal
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contract is re are an execute an
e e have not ma e an eviations from the re uirement of the i ing ocument an we

have also not ma e an tam ering or changes in the i ing o ocuments on which the i
is eing su mitte an if an tam ering or changes are etec etecte at an stage, we
un erstan the i will invite summar rejection an forfeiture of i securit the contract
will e lia le to e terminate along with forfeiture of er
erformance securit , even if A
has een issue
f evaluate
e un erstan that ou are not oun to acce t the lowest e i or an other i
that ou ma receive
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Name
n the ca acit of
igne
Dul authori e to sign the Bi for an on ehalf of
Date
ection Bi ing Forms Page of 36

For : PS 3
FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY BIDDER ALONGWITH THE

BID
(To be executed in presence of Public Notary on non-judicial

stamp paper of the appropriate value in accordance with
relevant stamp Act. The stamp paper has to be in the name of
the bidder)**
.. (Name and designation) a ointe as the

attorne authori e signator of the i er inclu ing its
constituents , s hereinafter calle the i er for the
ur ose of the Bi for the work of as er the i
No of N , o here solemnl affirm an state on
ehalf of the i er inclu ing its constituents as un er
1 That the i er or an of its constituents has not een

Blackliste anne for usiness ealings for all overnment
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De artments or inistr of ailwa s or N at an
time an or no such lacklisting is in force as on the ea line
for su mission of i s
VN
2 That none of the revious contracts of the i er or an of its
constituents ha een terminate rescin e for Contractor s
failure or art terminate for its failure as a artner with
forfeiture of its full Performance ecurit , ail ikas
Nigam t uring the erio of last 3 ears efore the
ea line for su mission of i s
(Add Proviso of Clause 4.4(b) (ITB) suitably, if any Contract

was so terminated).
3 The i er or an of its constituents has not een im ose

li ui ate amages of 5 or more of contract value
R
N ue to ela in the im lementation of an revious

contract either in the ca acit of a single entit or as
constituent of an other within the erio of last 2 ears
efore the ea line for su mission of i 2 years shall be
reckoned from the date on which imposed L.D. has
exceeded 5% of the contract price]an there are no such
accrue ela amages which has not een full recovere
efore the ea line for su mission of i s on account of
contractor s re uest for eferring recover to maintain cash
flow an N has acce e to the same in the interest of
the roject an the work un er the revious contract in
uestion has een com lete efore the ea line for
su mission of i , unless im osition of such ela amages
has een set asi e the Com etent Authorit
That the Bi er or an of its constituents is neither

Bankru t nsolvent nor is in the rocess of win ing-u nor
such a case is en ing efore an Court on the ea line of
su mission of the i

5 That the name of the Bi er or an of its constituents is not

on the list of Poor Performer of N as on the ea line
for su mission of i
6 e eclare that the i er or an of its constituents have not

either change their name or create a new usiness entit
as covere the efinition of Allie Firm un er ara 1102
iii of cha ter of igilance manual of n ian ailwa s with
latest amen ments an corrections availa le on we site of
n ian ailwa s , conse uent to having een anne
usiness ealings for s ecifie erio which is not over or
sus en e usiness ealings or having een eclare as
oor erformer
7 e eclare an certif that alance sheets for last three

financi
financial ears inclu ing that for the latest conclu e financial
ear are eing su mitte
e eclare an certif that alance sheet for the latest
L
conclu e financial ear has not een finali e till ate an
that is wh we are furnishing financial ata for last three
financial ears ignoring the latest conclu e financial ear
VN
(# - Delete whichever is not applicable)
8 e certif that services offere us meet the minimum loca local

content re uirement in terms of revise Pu lic Procurement
Preference to ake in n ia r er 2017 as s ecifie in the i ing
ocument e un erstan that in case of an false certification in
this regar shall e a reach of the Co e of ntegrit un er u ule
Financial ules
175 1 i h of the eneral Financi F for which we or
our successors can e e arre for u to two ears as rule 151 iii
of F along with such other actions as ma e ermissi le un e er
law
R
e certif that services offere us o not meet the minimum local

content re uirement as s ecifie in the i ing ocument
(Delete whichever is not applicable)
9 e eclare an certif that we have not ma e an mislea ing

or false re resentation in the forms, statements an
attachments in roof of the ualification re uirements
10 e eclare that the information an ocuments su mitte

along with the ten er us are correct an we are full
res onsi le for the correctness of the information an
ocuments, su mitte us
11 e un erstan that in case we cease to fulfill the

re uirements of ualif ing an eligi ilit criteria at an time
after o ening of i s an till finali ation of i s, it will e our
oun en ut to inform the m lo er of our change status
imme iatel an in case of our failure to o so, our i shall
e rejecte an i securit shall e forfeite n case such

failure comes to the notice of m lo er at an time after
awar of the contract, it will lea to termination of the contract
an forfeiture of Bi or Performance ecurit e shall also
e lia le for Banning of Business ealings u to a erio of
five ears
12 e un erstan that if the contents of the affi avit are foun

to e false at an stage uring i evaluation, it will lea to
rejection of our i an forfeiture of the i securit Further,
we [insert name of the bidder]** an all our
constituents un erstan that we shall e lia le for anning of
usiness ealings u to a erio of five ears
13 ar
e also un erstan that if the contents of the affi avit are
foun to e false at an time after the awar of the contract it
will lea to termination of the contract, forfeiture of Bi or
Performance ecurit an Banning of Business ealings of
the Bi er an all its constituents for a erio of u to five
ears
L
A AND NAT FT B DD
erification
VN
erifie on a of at that the contents of
the a ove mentione affi avit are true an correct an nothing
material has een conceale there from
A AND NAT FT B DD
*Modify the contents wherever necessary, in terms of sub-clause 4.4

ITB.
R
** The contents in Italics are only for guidance purpose and details
as appropriate, are to be filled in suitably by Bidder.
Attestation before Magistrate/Public Notary

For : PS 4
DELETED
L
VN
R

For : PC/1
S ed e
S ed e o Pa e t C rre ie
efer u Clause 1 15
DELETED
L
VN
R

For : BDF/1
Bid Se rit
Ba G ara tee
(On non-judicial stamp paper of the appropriate value in accordance with Stamp Act.
The stamp paper should be in the name of the Executing Bank).
Fro :
Insert Bank’s Name, and Address of Issuing Branch or Office] ...........................
To:
The Chairman an anaging Director,
ail ikas Nigam imite ,
1st Floor, August Kranti Bhawan,
Bhikaji Cama Place, K Puram,
New Delhi-110 066
Be e i iar ail ikas Nigam imite hereinafter

inafter calle the m lo er
Date:......................................................
Bid Se ............................................................................................
rit No.: ........................................................................................................................................
L
e have een informe that [I ert name of the Bidder] hereinafter calle the
Bi er inten s to su mit to ou its i hereinafter calle the Bi for the execution of
name of contract un er nvitation for Bi s No ate
ate the FB
VN
A , the Bi er is re uire to furnish Bi ecurit for the sum of [Insert
required], in the form of Bank uarantee, accor ing to
Value of Bid Security required],
our con itions of Bi
AND
A , Bank], with its Branch
[Insert Name of the Bank] [Insert
Address] having its ea uarters office at [Insert Address], hereinafter
calle the Ba , acting through [Insert Name and Designation of the
Bank], have, at the re uest of the Bi er, agree to
authorised persons of the Bank],
give guarantee for Bi securit as hereinafter containe , in fafavour of the m lo er
R
1 KN A N that these resent that e the un ersigne [Insert name(s)

of authorized representatives of the Bank], eing full authori e to sign an
Bank confirm that the Bank, here ,
incur o ligations for an on ehalf of the Bank,
uncon itionall an irrevoca l guarantee to a to the m lo er e full amount in the
sum of [Insert Value of Bid Security required] as a ove state
2 The Bank un ertakes to imme iatel a on resentation of eman the

m lo er an amount u to an inclu ing aforementione full amount without an
emur, reservation or recourse An such eman ma e the m lo er on the
Bank shall e final, conclusive an in ing, a solute an une uivocal on the Bank
notwithstan ing an is utes raise en ing efore an Court, Tri unal, Ar itration
or an Authorit or an threatene litigation the Bi er or Bank
3 The Bank shall a the amount as eman e imme iatel on resentation of the
eman m lo er without an reference to the Bi er an without the m lo er

eing re uire to show groun s or give reasons for its eman of the amount so
eman e
The guarantee herein efore shall not e affecte an change in the constitution of
the Bank or in the constitution of the Bi er
5 The Bank agrees that no change, a ition, mo ifications to the terms of the Bi
ocument or to an ocuments, which have een or ma e ma e etween the
m lo er an the Bi er, will in an wa a solve the Bank from the lia ilit un er
this guarantee an the Bank, here , waives an re uirement for notice of an such
change, a ition or mo ification ma e m lo er at an time
6 This guarantee will remain vali an effective from…….…….[insert

…….…….[insert date of issue]
till ………..[insert
insert date, which should be minimum 42 days beyond the expiry of
bid validity date in the IFB] An eman in res ect of this uarantee shoul reach
the Bank within the vali it erio of Bi ecurit
7 The Bank uarantee is uncon itional an irrevoca le
L
8 The ex ressions Bank an m lo er herein efore use shall inclu e their
res ective successors an assigns
VN
9 The Bank here un ertakes not to revoke the guarantee uring iits currenc , exce t
with the revious consent in writing of the m lo er This guarantee
gua is su ject to the
niform ules for Deman uarantees, CC Pu lication No 758
10 The uarantee shall e vali in a ition to an without reju iice to an other securit
uarantee s of Bi er in favour of the m lo er The Bank, un er this uarantee,
shall e eeme as Princi al De tor of the m lo er
Date
Place signatur s
Bank s eal an authori e signature
[Name in Block letters
R
[Designation] …………
[P/Attorney] No
itness
1 ignature
Name A ress eal
2 ignature Bank s eal

Name a ress eal [P/Attorney] No
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be deleted from the final
document.

For : V/1
PRO-FORMA LETTER OF PARTICIPATION FROM

EACH PARTNER OF OINT VENTURE ( V)
(O ea Fir Letter Head)
No Date
From
To,
L
entlemen,
Re: … [Insert name of work

VN
ef our notice for nvitation for Bi FB
1 e wish to confirm that our com an firm elete as a ro rriate has forme a oint
enture name of -------- with
with for the ur oses associate with
wi FB referre to a ove
(Members who are not the lead partner of the JV should add the following paragraph)*.
2 The is le whom we here authorise to act on our ehalf for the ur oses
of su mission of Bi for an authorise to incur lia ilitie
ilities an receive
instructions for an on ehalf of an an all the artners or cconstituents of the oint
R
enture
(Member(s) being the lead member of the group should add the following paragraph)*
2 n this grou we act as lea er an , for the ur oses of a l ing for ualification,
re resent the oint enture
3 n the event of our grou eing awar e the contract, we agree to e jointl with
names of other mem ers of our an severall lia le to the ail
ikas Nigam imite , its successors an assigns for all o ligations, uties an
res onsi ilities arising from or im ose the contract su se uentl entere into
etween ail ikas Nigam imite an our

e, further agree that entire execution of the contract shall e carrie out
exclusivel through the lea artner
ours faithfull ,
ignature
Name of ignator
Ca acit of ignator
eal Delete as a lica le
L
VN
R

For : V/2
FORMAT FOR POWER OF ATTORNEY FOR

AUTHORISED SIGNATORY OF OINT VENTURE
( V) PARTNERS
P TT N
(To be executed on non-judicial stamp paper of the appropriate value in
accordance with relevant stamp Act. The stamp paper to be in the name of the
company who is issuing the power of Attorney)
Know all men these resents, we o here constitute, a oint an authorise

r s who is resentl em lo e with us an hol ing the os osition
ition of as our
attorne , to o in our name an on our ehalf, all such acts, ee s an things necessar
in connection with or inci ental to our i for the work of nclu ing signing an
nclu
su mission of all ocuments an rovi ing information res onses to ail ikas Nigam
imite , re resenting us in all matters, ealing with ail ikasikas Nigam imite in all
L
matters in connection with our i for the sai roject
e here agree to ratif all acts, ee s an things lawfull one

one our sai attorne
ursuant to this Power of Attorne an that all acts, ee s an things one our
VN
aforesai attorne shall an shall alwa s e eeme to have een one us
Date this the a of 20
ignature of authorise ignator
ignature an Name in Block letters of ignator

eal of Com an
itness
R
itness 1 itness 2
Name Name
A ress A ress
ccu ation ccu ation
*Notes:
i To e execute all the artners in ivi uall , in case of a oint enture
ii The mo e of execution of the Power of Attorne shoul e in accor ance with the
roce ure, if an , lai own the a lica le law an the charter ocuments of
the executant s an when it is so re uire the same shoul e un er common
seal affixe in accor ance with the re uire roce ure

For : V/3
FORMAT FOR POWER OF ATTORNEY TO

LEAD PARTNER OF OINT VENTURE ( V)
(To be executed on non-judicial stamp paper of the appropriate value in
accordance with relevant stamp Act. The stamp paper to be in the name of the
company who is issuing the power of Attorney)
POWER OF ATTORNEY1
hereas ail ikas Nigam imite has invite Bi s for the work of
hereas, the mem ers of the oint enture com rising of s , s , an s

are intereste in su mission of i for the work of [Insert name of work in
ing ocuments
accor ance with the terms an con itions containe in the i ing
L
hereas, it is necessar for the mem ers of the oint enture tto
o esignate one of them
as the ea Partner, with all necessar ower an authorit to o, for an on ehalf of the
oint enture, all acts, ee s an things as ma e necessar inin connection with the oint
connection the oint enture s i
enture s i for the roject, as ma e necessar in connection
for the roject
VN
N T P F ATT N TN T T AT
e, s , here
here esignate s , eing one of
the artners of the oint enture, as the lea artner of the oint enture, to o on ehalf
of the oint enture, all or an of the acts, ee s or things n necessar or inci ental to the
oint enture s i for the contract, inclu ing su mission of i , artici ating in
conferences, res on ing to ueries, su mission of information ocuments an generall
to re resent the oint enture in all its ealings with the ailwa
ai or an other overnment
Agenc or an erson, in connection with the contract for the sai work until culmination
of the rocess of i ing till the contract agreement is entere into with the ail ikas
R
Nigam imite an thereafter till the ex ir of the contract agreement
e here agree to ratif all acts, ee s an things lawfull one lea

an that all acts
mem er, our sai attorne , ursuant to this ower of attorne a
ee s an things one our aforesai attorne shall an shall alwa s e
eeme to have een one us oint enture
Date this the Da of 20
ignature
Name in Block letters of xecutant

eal of Com an

itness 1 itness 2
Name Name
A ress A ress
ccu ation ccu ation
Notes:
1. To be executed by all the Partners of the JV except the lead Partner.

2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required the same should be under common seal affixed in
accordance with the required procedure.
L
VN
R

For : V/4
DRAFT MEMORANDUM OF UNDERSTANDING (MOU2)
For
OINT VENTURE PARTICIPATION
BETWEEN
s having its registere office at hereinafter referre to

as acting as the ea Partner of the first art,
an
s ere office at
having its registere hereinaf referre
hereinafter
to as other art
in the ca acit of a oint Partner of the other
The ex ressions of an context a mits, mean

shall wherever the context
L
successors-in-interest an assigns an
an inclu e their res ective legal re resentatives, successors-in-interest
shall collectivel e referre to as the Parties an in ivi uall as the Part
WHEREAS:
VN
ail ikas Nigam imite N hereinafter referre to as m lo er has invite i s
for [Insert name of work]
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 The following ocuments shall e eeme to form an e rea an construe as an

integral art of this
i Notice for Bi , an
ii Bi ing ocument
iii An A en um Corrigen um issue ail ikas Nigam imite
R
iv The i su mitte on our ehalf jointl the ea Partner
2 The Parties have stu ie the ocuments an have agree to artici ate in su mitting
a i jointl in the name of ------
3 s shall e the lea mem er of the for all intents an ur ose an shall
re resent the oint enture in its ealing with the m lo er For the ur ose of
su mission of i ro osals, the arties agree to nominate as the lea er ul
authori e to sign an su mit all ocuments an su se uent clarifications, if an , to
the m lo er owever s shall not su mit an such ro osals, clarifications
or commitments efore securing the written clearance of the other artner which shall
e ex e itiousl given s to s
The Parties have resolve that the istri ution of share an res onsi ilities etween
the artners (Bidder a e re t at t e a i ed re po i i itie are
o e rate wit t e E C re ire e t o e a ti itie ei et t e
re pe ti e V part er der C a e 2.3.1: Spe i i Co tr tio E perie e
2
In case of existing joint venture, the certified copy of JV Agreement be furnished.

d i di ati t e ed e/ i o . o BO or re po i i itie , ai i
w i t e id a e re e ted) is as un er -
a ea Partner share
Re po i i itie
Ke Activities
i
ii
iii
B che ule Bill No
i
ii
iii
oint enture Partner share
L
Re po i i itie
Ke Activities
i
VN
ii
iii
B che ule Bill No
i
ii
iii
c oint enture Partner share

Re po i i itie
Ke Activities
R
i
ii
iii
B che ule Bill No
i
ii
iii
Note n case an Bill or items of a Bill are ro ose to e execute more than
one artner then in icate the reaku of that tem Bill no for each artner
5 OINT AND SEVERAL RESPONSIBILITY

The Parties un ertake that the shall e jointl an severall lia le to the m lo er in
the ischarge of all the o ligations an lia ilities as er the contract with the m lo er
an for the erformance of contract awar e to their
6 ASSIGNMENT AND THIRD PARTIES

The arties shall co-o erate throughout the entire erio of this on the asis of
exclusivit an neither of the Parties shall make arrangement or enter into agreement

either irectl or in irectl with an other art or grou of arties on matters relating to
the Project exce t with rior written consent of the other art an the m lo er
7 EXECUTIVE AUTHORITY
The sai oint enture through its authori e re resentative shall receive instructions,
a ments from the m lo er The management structure for the roject shall e
re are mutual consultations to ena le com letion of roject to ualit
re uirements within ermitte cost an time
8 GUARANTEES AND BONDS

The Bi ecurit of a shall e in the name of the that su mits the i f the
has not een legall constitute at the time of i ing, the Bi ecurit shall e in the
names of all future artners through which is inten e to e forme
9 BID SUBMISSION
ach Part shall ear its own cost an ex enses for re aration an su mission of the
i an all costs until conclusion of a contract with the m lo er for the Project
Common ex enses shall e share oth the arties in the rati
ratio of their actual
artici ation
L
10 INDEMNITY
against its res ective arts in
ach art hereto agrees to in emnif the other art against
case of reach efault of the res ective art of the contract works of an lia ilities
sustaine the oint enture
VN
11 For the execution of the res ective ortions of works, the arties shall make their own
arrangements to ring the re uire uire finance, lants an e ui ment, men materials,
man ower an other resources
12 DOCUMENTS & CONFIDENTIALITY

ach Part shall maintain in confi ence an not use for an ur ose relate to the
Project all commercial an technical information receive or ge
generate in the course
of re aration an su mission of the i
13 ARBITRATION
An is ute, controvers or claim arising out of or rela
relating to this shall e
R
settle in the first instance amica l etween the arties f an amica le settlement
cannot e reache as a ove, it will e settle ar itration iin accor ance with the
n ian Ar itration an Conciliation Act 1996 or an amen ments thereof The venue
of the ar itration shall e Delhi
1 VALIDITY
This shall remain in force till the occurrence of the earliest to occur of the
following, unless mutual consent, the Parties agree in writing to exten the vali it
for a further erio
a The i su mitte the oint enture is eclare unsuccessful, or

Cancellation shelving of the Project the m lo er for an reasons rior to awar
of work
c xecution of etaile agreement the arties, setting out etaile terms after
awar of work the m lo er

15 This is rawn in num er of co ies with e ual legal strength an status ne

co is hel s an the other s , s s an a co
su mitte with the i
16 This shall e construe un er the laws of n ia
17 NOTICES BETWEEN V PARTNERS
Notices shall e given in writing fax confirme registere mail or commercial courier
to the following fax num ers an a resses
ea Partner ther Partner
Name A ress Name A ress
N TN FT PA T , have execute this the a , month an

ear first efore written
s s
L
eal eal
itness
VN
1 Name A ress
2 Name A ress
R

For : V/5
DRAFT FORMAT OF OINT VENTURE AGREEMENT
s having its registere office at hereinafter referre to

as acting as the ea Partner of the first art,
an
s having its registere office at hereinafter referre

to as in the ca acit of a oint Partner of the other art
The ex ressions of an shall wherever the context a mits,

mean an inclu e their res ective legal re resentatives, succes
successors-in-interest an
assigns
an shall collectivel e referre to as the Parties an in ivi uall as the Part
WHEREAS:
L
ail ikas Nigam imite N hereinafter referre to as m lo er has invite i s
for Insert name of work]…………………...” i e A No awar e contract
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 The following ocuments shall e eeme to form an e rea an construe as an

VN
integral art of this A NT
i Notice for Bi , an
ii Bi ing ocument
iii An A en um Corrigen um issue ail ikas Nigam imite
iv The i su mitte on our ehalf jointl the ea Partner
v etter of Acce tance issue ail ikas Nigam t
2 The Parties have stu ie the ocuments an enter into oint

A issue to e enture
as un er an have agree to artici ate
R
3 s shall e the lea mem er of the for all intents an ur ose an shall
re resent the oint enture in its ealing with the m lo er F For the ur ose of execution,
the arties agree to nominate as the lea er ul authori e to sign an su mit all
ocuments an enter into corres on ence with the m lo er
The Parties have resolve that the istri ution of share an res onsi ilities etween
the artners (Bidder a e re t at t e a i ed re po i i itie are
o e rate wit t e E C re ire e t o e a ti itie ei et t e
re pe ti e V part er der C a e 2.3.1: Spe i i Co tr tio E perie e d
i di ati t e ed e/ i o . o BO or re po i i itie , ai i w i t e
id a e re e ted) is as un er -
a ea Partner share
Re po i i itie
Ke Activities
i

ii
iii
B che ule Bill No
i
ii
iii
oint enture Partner share

Re po i i itie
Ke Activities
i
ii
iii
B che ule Bill No
i
ii
iii
L
c oint enture Partner share
Re po i i itie
VN
Ke Activities
i
ii
iii
B che ule Bill No
i
ii
iii
ex
Note n case an Bill or items of a Bill are ro ose to e execute more than
one artner then in icate the reaku of that tem Bill no for each artner
R
5 OINT AND SEVERAL RESPONSIBILITY

The Parties un ertake that the shall e jointl an severall lia le to the m lo er in the
ischarge of all the o ligations an lia ilities as er the contract
con with the m lo er an for
the erformance of contract awar e to their
6 ASSIGNMENT AND THIRD PARTIES

The arties shall co-o erate throughout the entire erio of this A NT on the
asis of exclusivit an neither of the Parties shall make arrangement or enter into
agreement either irectl or in irectl with an other art or grou of arties on matters
relating to the Project exce t with rior written consent of the other art an the
m lo er
7 EXECUTIVE AUTHORITY
The sai oint enture through its authori e re resentative shall receive instructions,
a ments from the m lo er The management structure for the roject shall e re are
mutual consultations to ena le com letion of roject to ualit re uirements within
ermitte cost an time

8 GUARANTEES AND BONDS

The Performance ecurit an other ecurities of a shall e in the name of the
that su mits the i
9 BID SUBMISSION
ach Part shall ear its own cost an ex enses for re aration an su mission of the
i an all costs until conclusion of a contract with the m lo er for the Project Common
ex enses shall e share oth the arties in the ratio of their actual artici ation
10 INDEMNITY
ach art hereto agrees to in emnif the other art against its res ective arts in case
of reach efault of the res ective art of the contract works of an lia ilities sustaine
the oint enture
11 For the execution of the res ective ortions of works, the arties shall make their own
arrangements to ring the re uirere finance, lants an e ui ment,
ment, materials, man ower
an other resources
L
12 DOCUMENTS & CONFIDENTIALITY
ach Part shall maintain in confi ence an not use for an ur ose relate to the Project
all commercial an technical information receive or generate in the course of
re aration an su mission of the i
VN
13 ARBITRATION
An is ute, controvers or claim arising out of or relating to this agreement shall e
settle in the first instance amica l etween the arties f an amica le settlement cannot
e reache as a ove, it will e settle ar itration in accor ance with the n ian
Ar itration an Conciliation Act 1996 or an amen ments thereof The venue of the
ar itration shall e Delhi
1 VALIDITY
This Agreement shall remain in force till the efect lia ilit erio is over an ecurities
R
are release
15 This A NT is rawn in num er of co ies with e ual legal strength an

status ne co is hel s an the other s s an
a co su mitte with the i
16 This A NT shall e construe un er the laws of n ia
17 NOTICES BETWEEN V PARTNERS
Notices shall e given in writing fax confirme registere mail or commercial courier
to the following fax num ers an a resses
ea Partner ther Partner
Name A ress Name A ress

N TN F T PA T , have execute this A NT the a ,

month an ear first efore written
s s
eal eal
itness
1 Name A ress
2 Name A ress
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Bi o a titie (BO )
For Bill of uantities, Please refer olume-
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Bidder a i i atio
To esta lish its ualifications to erform the contract in accor ance with ection 3 valuation
an ualification Criteria the Bi er shall rovi e the information re ueste in the corres on ing
nformation heets inclu e hereun er
L
VN
R

For ELI - 1: Bidder I or atio S eet (e e)
Bidder I or atio
Bidder e a a e
Bidder o tr o
o tit tio
Bidder ear o
o tit tio
Bidder e a addre
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i o tr o
o tit tio
Bidder a t ori ed
repre e tati e
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name, a ress,
tele hone num ers, fax
num ers, e-mail
a ress
T e idder a atta opie o t e o owi ori i a do e t wit t e or :
1 n case of single entit , articles of incor oration or constitution

cons of the legal entit name a ove, in
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accor ance with TB 1 an 2

2 Authori ation to re resent the firm or name in a ove, iin accor ance with TB 20 2
3 n case of , to form or agreement, in accor ance with TB 1

For ELI - 2: V I or atio S eet (to e itted t ro o i e ode)
ach mem er of a must fill in this form se aratel
V / Spe ia i t S o tra tor I or atio
Bidder e a a e
V Part er or
S o tra tor e a
a e
V Part er or
L
S o tra tor o tr o
o tit tio
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V Part er or
S o tra tor ear o
o tit tio
V Part er or
S o tra tor e a
addre i o tr o
o tit tio
V Part er or
R
S o tra tor a t ori ed

repre e tati e i or atio
name, a ress, tele hone
num ers, fax num ers, e-mail
a ress
T e idder a atta opie o t e o owi ori i a do e t wit t e or :
1 Articles of incor oration or constitution of the legal entit name a ove, in accor ance with TB 1
an 2
2 Authori ation to re resent the firm name a ove, in accor ance with TB 20 2

For FIN-1: Fi a ia Sit atio
ach Bi er or each mem er of a must fill in this form se aratel
NAME OF BIDDER/ V PARTNER
Fi a ia Data or La t 5 Year I dia Natio a R pee

ear 1 ear 2 ear 3 ear ear 5
1 Total Assets
2 Current Assets
Not A lica le
3 Total ia ilities
Current
ia ilities
5 Net orth
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1 3
6 orking
Ca ital 2
-
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7 Profit Before
Tax
PBT
SEAL AND SIGNATURE OF THE BIDDER
Certifie that all figures an facts su mitte in this form hav

have een furnishe after
full consi eration of all o servations notes in Au itor s re or
orts
R
(Signature of CA/Auditor)
Na e o CA/A ditor: _________
Re i tratio No:
(Seal)

1. T e idder a atta opie o t e o owi ori i a do e t wit t e or :

Co ies of the au ite alance sheets, inclu ing all relate notes, an income
statements for the last five ears, as in icate a ove, com l ing with the following
con itions
 All such ocuments reflect the financial situation of the Bi er or artner to a ,
an not sister or arent com anies
 istoric financial statements must e au ite a certifie accountant
 istoric financial statements must e com lete, inclu ing all notes to the
financial statements
 istoric financial statements must corres on to accounting erio s alrea
com lete an au ite no statements for artial erio s shall e re ueste or
acce te
2. Co te t o t i or o d e erti ied a C artered A o ta t/A ditor.
3. n the event that the au ite accounts for the latest conclu e Financial ear are not
availa le, the Bi er shall furnish information ertaining to tthe
he last five financial ears
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after ignoring the latest conclu e financial ear n case, thethe i er su mits au ite
financial information for the last six or more ears, onl the figures for the latest five
ears shall e consi ere for evaluation
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R

For FIN-2: A a Co tr tio T r o er or t e a t 5 ear
ach Bi er or each mem er of a must fill in this form se aratel
NAME OF BIDDER/ V PARTNER
A a T r o er Data or t e La t 5Year (Co tr tio o )

A o t E a e I dia Natio a R pee
Year
C rre Rate E i ae t
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A era e A a Co tr tio T r o er or a t 3 ear
1 The information su lie shall e su stantiate at

ata in the au ite alance sheets an
rofit an loss accounts for the relevant ears an su mitte as a attachments to form Fin-1
in res ect of the i er or all artners constituting the i ere
2 Contents of this form shoul e certifie a Chartere Accoun

Accountant Au itor
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3 n the event that the au ite accounts for the latest Financ
Financial ear are not availa le, the
finan
Bi er shall furnish information ertaining to last three financial ears after ignoring the
latest financial ear n case the i er su mits au ite financial information for the last
figu
four or more ears, onl the figures for the latest three ears shall e consi ere for
evaluation

For FIN-3: C rre t Co tra t Co it e t / Wor i Pro re
Bi ers an each artner to a shoul rovi e information on their current commitments on all
contract that have een awar e , or which a letter of intent or acce tance has een receive , or for
contracts a roaching com letion, ut for which an un ualifie , full com letion certificate has et to
e issue
Co tra t Co it e t
SN De - Co tra t Na e & Va e Stip ated Va e A ti-

rip- No. & addre o o Period o o ipa-
tio date E p o er, Co - o p etio Ba a e ted
o Te ./Fa / tra t wor date
wor E ai i INR o
Co
p e-
tio
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1
2
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Tota
R
Note: E o e Certi i ate( ) ro E i eer( ) I ar e ( ot e ow t e ra o

E e ti e E i eer) or Va e o o t ta di wor . I a e it i ot ea i e to
r i erti i ate ro a t e it t e idder o d re ord t e o owi erti i ate
o Fi 3:
"Certified that current commitments on all the contracts that have been awarded or for
which a letter of intent or acceptance has been received or for the works in progress or the
works approaching completion, value of outstanding work has been indicated in the above
table correctly. It is further certified that if later on the employer discovers that information
provided in the table is incorrect then the employer will treat our bid invalid and it will be
liable for rejection"

For EXP-2(a): Spe i i Co tr tio E perie e
Fill u one form er contract
Co tra t o Si i ar Si e a d Nat re
Co tra t
Co tra t No.
Ide ti i atio
Award Date Co p etio Date
Ro e i Co tra t  Co tra tor   S o tra tor
Tota Co tra t A o t INR
I part er i a V or
o tra tor, pe i
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Per e t o Tota : A o t: INR
parti ipatio i tota
o tra t a o t
E p o er Na e,
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C rre t Addre a d
C rre t Te ep o e/Fa
N er, E- ai
De riptio o t e i i arit i a orda e wit Criteria 2.3.1 (a) o Se tio 3
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T e idder a atta a op o t e Certi i ate( ) i ed t e e p o er i pport o t e

i or atio ei r i ed i ea E p (2a) or , ai i w i t e ai o t e idder
a e ia e to e re e ted (i a e o e perie e a a - o tra tor, t e e p o er a
e t e ow er o t e Pro e t w o a e a ed t e ai Co tra tor).

or f o r o r
Fill u one form er contract

o r of r r
o r o
o r
f o
r o o
o o r  o r or  o r or
o o r o
f r r or
o r or f
r of o o
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r o o
o r o
o r rr
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r rr
o r
r o r o of o of or r r of
o
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o of r f o r or of for o f r o
r for r r r o
o of o f of r o r
of r o r or o r o r of ro o
o r or

E C FORM NO.1
Clause No Clause hea ing Details of value of work uantit of
activit an eferences Folio No
of Documents through which criteria
against each item is eing met
2 ualification
2 1 1 Conflict of nterest
2 1 2 hare of artners
2 1 3 Dis ualification of Bi er
2 2 Financial tatus
221 istorical Financial Performance
2 2 2 A era e Annual Construction Turnover
2 2 3 Net orth
2 2 Bi Ca acit
23 x erience
2 3 1 ecific Construction x erience
a Contracts of imilar i e an Nature
ingle Contract
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Two Contracts
Construction x erience in Ke Activities
i Construction and launching of PSC girders/Slab
and/or Composite girders of 22 M or longer spans
with total length of such spans being 600 M or
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more in Railway/ road/ metro rail bridges
(including viaducts) in 1 year
ii Execution of 7200 M of installation of pile of
diameter of 1000 MM or more in
Railway/road/metro rail bridges (including
viaducts) in 1 year
iii Civil Enginnering works of at least one
Underground / or one Elevated Metro Station of
any size or Civil work of Single Multistoried
building (Airport building or Railway station
building or Multistoried Commercial building / or
other Multistoried Public Building etc) of
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building of
minimum Area 10000 sqm or 2 buildings
minimum area 5000 sqm each.
(iv) Construction of Diaphragm wall mm wide or
more for underground construction work of
sqm or more and underground RCC Box pushing
work for a length of m or more in
Railway/Road/Metro Rail Projects or other
underground construction work.
2 Personnel
n ertaking su mitte
25 ui ment
n ertaking su mitte
2 6 ecialist su -contractor un ertaking su mitte
I(a) P E(Public ealth Engineering)
(b) Architectural Finishing works
(c) Station Signage orks
(d) E&M orks
(e) Fire Detection & Fire Suppression System
II ater Proofing of Underground RCC Box
Underground RCCBox Pushing

CHECKLIST FOR CLAUSES PERTAINING TO SUMMARY
RE ECTION OF BID
e, the un ersigne , eclare that we have rea an un erstoo the

content of TB clauses mentione elow e also un erstan that our i
shall e summaril rejecte in case we fail to com l the re uirements of
un ermentione clauses
ITB C a e Rea o or S ar Re e tio

No.
Non-su mission of Affi avit
5 Non-su mission of imme iate information to the m lo er in

case Bi er ceases to fulfill eligi ilit in terms of TB 3
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1 2 uoting more than one ercentage for an sche ule
1 9 Non-su mission of the etter of Price Bi PB an or

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ummar sheet of B
16 Non-su mission of the etter of Technical Bi TB
19 3 Bi not accom anie an enforcea le an com liant i

securit
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SEAL AND SIGNATURE OF THE BIDDER

Section
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eneral onditions of ontract
( )
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L
Page Intentionally
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Left Blank
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Ta e o C a e
1. Ge era Pro i io .........................................................................................................

11 Definitions .............................................................................................................. 5
12 nter retation .........................................................................................................
13 Communications ................................................................................................. 10
1 aw an anguage............................................................................................. 10
15 Priorit of Documents ........................................................................................ 10
16 Contract Agreement ........................................................................................... 11
17 Assignment.......................................................................................................... 11
18 Care an u l of Documents ....................................................................... 11
19 Dela e Drawings or nstructions .................................................................... 11
1 10 m lo er s se of Contractor s Documents .................................................. 12
1 11 Contractor s se of m lo er s Documents .................................................. 12
1 12 Confi ential Details ............................................................................................
.............................................................. 12
1 13 Com liance with aws .......................................................................................
.............................................................. 12
11 oint an everal ia ilit .................................................................................
.............................................................. 13
1 15 ns ections the m lo er ............................................................................
.............................................................. 14
2. T e E p o er................................................................................................................. 4
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21 ight of Access to the ite ...................................................................................
................................................................................... 14
22 Permits, icences or A rovals .......................................................................
.............................................................. 14
23 m lo er s Personnel ..............................................................
........................................................................................ 15
2 m lo er s Financial Arrangements ..............................................................
............................................................... 15
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25 m lo er s Claims .............................................................................................
.............................................................. 15
3. T e E i eer ..................................................................................................................
31 ngineer s Duties an Authorit .......................................................................
.............................................................. 15
32 Delegation the ngineer ..............................................................................
.............................................................. 17
33 nstructions of the ngineer ..............................................................................
.............................................................. 17
3 e lacement of the ngineer ...........................................................................
.............................................................. 17
35 Determinations ....................................................................................................
.............................................................. 18
4. T e Co tra tor ..............................................................................................................

1 Contractor s eneral ligations ................................................................. 18
2 Performance ecurit ........................................................................................
.............................................................. 1
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3 Contractor s e resentative ............................................................................. 21

u contractors ....................................................................................................
.............................................................. 22
5 Assignment of Benefit of u contract ............................................................. 24
6 Co-o eration .......................................................................................................
.............................................................. 24
7 etting ut........................................................................................................... 25
8 afet Proce ures .............................................................................................. 25
9 ualit Assurance .............................................................................................. 26
10 ite Data .............................................................................................................. 26
11 ufficienc of the Acce te Contract Amount ............................................... 26
12 nforeseea le Ph sical Con itions................................................................. 26
13 ights of a an Facilities ............................................................................. 27
1 Avoi ance of nterference ................................................................................. 28
15 Access oute ...................................................................................................... 28
16 Trans ort of oo s ............................................................................................ 28
4.17 ontractor s quipment ..........27
18 Protection of the nvironment .......................................................................... 30
19 lectricit , ater an as ................................................................................ 30
4.20 Employer s Equipment and free issue material ..30
4.21 Progress Report ...30
Section 6 –General Conditions of Contract Page 1 of 108
Base on BD u ate u to 02.05.2020 for e-tendering
22 ecurit of the ite ............................................................................................. 31

23 Contractor s erations on ite ....................................................................... 31
2 Fossils .................................................................................................................. 31
5. No i ated S o tra tor ........................................................................................

51 Definition of nominate u contractor ......................................................... 33
52 jection to Nomination .................................................................................... 33
53 Pa ments to nominate u contractors......................................................... 33
5 vi ence of Pa ments ....................................................................................... 33
6. Sta a d La o r ........................................................................................................... 4
61 ngagement of taff an a our ..................................................................... 34
62 ates of ages an Con itions of a our .................................................... 34
6.3 Persons in the Service of
Employer .............34
6 a our aws ........................................................................................................
........................................................................................................ 35
65 orking ours .............................................................. ...................................... 35
....................................................................................................
66 Facilities for taff an a our...........................................................................
.............................................................. 36
67 ealth an afet ...............................................................................................
............................................................................................... 36
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68 Contractor s u erinten ence ..............................................................
.......................................................................... 37
69 Contractor s Personnel .............................................................. ........................ 37
......................................................................................
6 10 ecor s of Contractor s Personnel an ui ment...................................... 38
6 11 Disor erl Con uct.............................................................................................
............................................................................................. 38
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6 12 Foreign Personnel ..............................................................................................
.............................................................. 38
6 13 u l of Foo stuffs ..........................................................................................
.............................................................. 38
61 u l of ater ..................................................................................................
.............................................................. 38
6 15 easures against nsect an Pest Nuisance................................................. 38
6 16 Alcoholic i uor or Drugs ..............................................................
.................................................................................. 3
6 17 Arms an Ammunition ..............................................................
....................................................................................... 3
6 18 Festivals an eligious Customs..............................................................
..................................................................... 3
6 19 Funeral Arrangements ..............................................................
....................................................................................... 3
6 20 Prohi ition of Force or Com ulsor a our ............................................. 38
6 21 Prohi ition of armful Chil a our ................................................................ 38
6 22 m lo ment ecor s of orkers .................................................................... 38
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7. P a t, Materia a d Wor a ip .......................................................................... 4

71 anner of xecution .......................................................................................... 40
72 am les ...............................................................................................................
.............................................................. 40
73 ns ection ............................................................................................................
.............................................................. 41
7 Testing ................................................................................................................. 41
75 ejection .............................................................................................................. 42
76 eme ial ork ................................................................................................... 42
77 wnershi of Plant an aterials .................................................................... 42
78 o alties .............................................................................................................. 42
8. Co e e e t, De a a d S pe io ............................................................. 4
81 Commencement of orks ................................................................................ 42
82 Time for Com letion........................................................................................... 43
83 Programme .......................................................................................................... 43
8 xtension of Time for Com letion ................................................................... 44
85 Dela s Cause Authorities .......................................................................... 44
86 ate of Progress................................................................................................. 45
87 Dela Damages .................................................................................................. 45

88 us ension of ork ........................................................................................... 46

89 Conse uences of us ension ......................................................................... 46
8 10 Pa ment for Plant an aterials in vent of us ension ............................ 46
8 11 Prolonge us ension ...................................................................................... 46
8 12 esum tion of ork .......................................................................................... 46
8.13 Bonus for early completion ............46
9. Te t o Co p etio .................................................................................................... 4
91 Contractor s ligations .................................................................................... 47
92 Dela e Tests ..................................................................................................... 47
93 etesting.............................................................................................................. 47
9 Failure to Pass Tests on Com letion .............................................................. 47
.5 Contractor s obligation ... 48
10. E p o er Ta i O er ..............................................................
............................................................................................. 4
10 1 Taking ver of the orks an ections ......................................................... 48
10 2 Taking ver of Parts of the orks ..................................................................
.............................................................. 4
10 3 nterference with Tests on Com letion ........................................................... 50
10.4 Surfaces requiring Reinstatement ..50
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11. De e t Lia i it ............................................................................................................
11 1 Com letion of utstan ing ork an eme ing Defects ......................... 50
11 2 Cost of eme ing Defects ..............................................................
.............................................................................. 51
11 3 xtension of Defects Notification Perio ........................................................ 51
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11 Failure to eme Defects ...............................................................................
.............................................................. 51
11 5 emoval of Defective ork ..............................................................
.............................................................................. 52
11 6 Further Tests ..............................................................
....................................................................................................... 52
11 7 ight of Access ...................................................................................................
.............................................................. 52
11 8 Contractor to earch ..............................................................
.......................................................................................... 52
11 9 Performance Certificate..............................................................
..................................................................................... 52
11 10 nfulfille ligations ..............................................................
........................................................................................ 52
11 11 Clearance of ite ................................................................................................
.............................................................. 52
12. Mea re e t a d E a atio ..............................................................

....................................................................................
12 1 orks to e easure ..............................................................
R
...................................................................................... 52
12 2 etho of easurement ................................................................................... 53
12 3 valuation ..............................................................
............................................................................................................ 53
12 missions ..............................................................
............................................................................................................ 56
13. Variatio a d Ad t e t ......................................................................................

13 1 ight to ar ....................................................................................................... 56
13 2 alue ngineering .............................................................................................. 56
13 3 ariation Proce ure ........................................................................................... 57
13 Pa ment in A lica le Currencies................................................................... 57
13 5 Provisional ums ................................................................................................ 57
13 6 Da work .............................................................................................................. 58
13 7 A justments for Changes in egislation ......................................................... 5
13.8 Adjustments for Changes in Cost . ...5
14. Co tra t Pri e a d Pa e t ......................................................................................

1 1 The Contract Price ............................................................................................. 75
1 2 A vance Pa ment .............................................................................................. 76
1 3 A lication for nterim Pa ment Certificates .................................................. 78
1 che ule of Pa ments....................................................................................... 80
1 5 Plant an aterials inten e for the orks ................................................... 80

1 6 ssue of nterim Pa ment Certificates ............................................................. 81
1 7 Pa ment ............................................................................................................... 82
1 8 Dela e Pa ment ............................................................................................... 85
1 9 Pa ment of etention one ........................................................................... 85
1 10 tatement at Com letion................................................................................... 85
1 11 A lication for Final Pa ment Certificate ....................................................... 86
1 12 Discharge............................................................................................................. 86
1 13 ssue of Final Pa ment Certificate ................................................................... 86
1 1 Cessation of m lo er s ia ilit ..................................................................... 87
1 15 Currencies of Pa ment ...................................................................................... 87
15. Ter i atio E p o er ...........................................................................................

15 1 Notice to Correct................................................................................................. 87
15 2 Termination m lo er ..................................................................................
.............................................................. 8
15 3 aluation at Date of Termination .. ...8
15 Pa ment after Termination ...............................................................................
.............................................................. 0
15 5 m lo er s ntitlement to Termination for Convenience ............................. 0
15 6 Corru t or Frau ulent Practices ..............................................................
..................................................................... 10
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16. S pe io a d Ter i atio Co tra tor .........................................................
16 1 Contractor s ntitlement to us en ork .................................................... 1
16 2 Termination Contractor ..............................................................................
.............................................................. 21
16 3 Cessation of ork an emoval of Contractor s ui ment ...................... 2
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16 Pa ment on Termination ...................................................................................
.............................................................. 2
17. Ri a d Re po i i it ..............................................................................................
..............................................................
17 1 n emnities ..............................................................
.......................................................................................................... 3
17 2 Contractor s Care of the orks ........................................................................
.............................................................. 3
17 3 m lo er s isks ................................................................................................
.............................................................. 4
17 Conse uences of m lo er s isks ................................................................ 4
17 5 ntellectual an n ustrial Pro ert ights ...................................................... 4
17 6 imitation of ia ilit ...........................................................................................
.............................................................. 5
17 7 se of m lo er s Accomo ation Facilities ................................................... 5
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18. I ra e ........................................................................................................................
18 1 eneral e uirements for nsurances ............................................................ 6
18 2 nsurance for orks an Contractor s ui ment ........................................ 6
18 3 nsurance against njur to Persons an Damage to
Pro ert 100
18 nsurance for Contractor s Personnel ........................................................... 100
19. For e Ma e re ................................................................................................................
1 .1 Payment and release in case of Optional Termination .100
20. C ai , Di p te a d Ar itratio ...........................................................................
20 1 Contractor s Claims .......................................................................................... 101
20 2 Amica le ettlement ........................................................................................ 101
20 3 Ar itration . . 102
. urisdiction of ourts .. ..104
Appe di 1 .............105
Section 6 –General Conditions of Contract Page of 108

Ge era Co ditio
1. Ge era Pro i io
1.1 De i itio n the Con itions of Contract these Con itions , which inclu e ecial
Con itions of Contract, Parts A an B, an these eneral Con itions, the
following wor s an ex ressions shall have the meanings state or s
in icating ersons or arties inclu e cor orations an other legal entities,
exce t where the context re uires otherwise
1.1.1 T e Co tra t 1111 Co tra t means the Contract Agreement, the etter of
cce tance, the etter of Bi , these Con itions, the
Acce ecificati
ecification,
the Drawings, the che ules, an the further ocuments if an
which are liste in the Contract Agreement or in the etter of
Acce tance
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1112 Co tra t A ree e t” means the contract agreement if any
re erred to in u -Clause 1 6 Contract Agreement
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1113 “Letter o A epta e means the letter of formal acce tance,
signe the m lo er, of the etter of Bi , inclu ing an
annexe memoran a com rising agreements etween an
signe oth Parties f there is no such letter of acce tanc
tance,
the ex ression etter of Acce tance means the Contract
Agreement
A greement an the ate of issuing or receiving the etter of
Acce tance means the ate of signing the Contract Agreement
111 “Letter o Bid” means the ocument entitle letter of i , which
was com lete the Contractor an inclu es the signe offer to
t
the m lo er for the orks
1115 “Spe i i atio means the ocument entitle s ecification, as
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inclu e in the Contract, an an a itions an mo ifications tto

the s ecification in accor ance with the Contract uch ocument
s ecifies the orks
1116 “Drawi ” means the rawings of the orks, as inclu e in the
Co tra t, an an a itional an mo ifie rawings issue or
on ehalf of the m lo er in accor ance with the Contract
1117 “S ed e ” means the ocument s entitle sche ules,
com lete the Contractor an su mitte with the etter of Bi ,
as inclu e in the Contract uch ocument ma inclu e the Bill
of uantities, ata, lists, an sche ules of rates an or rices
1118 “Bid/Te der” means the etter of Technical Bi a d etter of
Price Bi an all other ocuments which the Contractor su mitte
with the etter of Technical Bi an etter of Price Bi , as
inclu e in the Contract
1119 “Bi o a titie ” an “Da wor S ed e an che ule of
Pa ment Currencies mean the ocuments so name if an
which are com rise in the che ules

1 1 1 10 “Co tra t Data” means the ages com lete the m lo er

entitle contract ata which constitute Part A of the ecial
Con itions of Contract
1 1 1 11 “E p o er Re ire e t ” means the ocument entitle

m lo er s e uirements as art of orks e uirements an
as inclu e in the Contract, an an a itions an mo ifications
to such ocument in accor ance with the Contract uch
ocument s ecifies the ur ose, sco e, an or esign an or
other technical criteria, for the works
1.1.2 Partie a d 1121 “Part ” means the m lo er or the Contractor, as the context
Per o re uires
1122 “E p o er” means the erson name as em lo er in the
Contract Data an the legal successors in title to this erson
1123 “Co tra tor” means the erson s name as contractor in the
etter of Bi acce te the m lo er an the legal successors
in title to this erson s
112 “E i eer” means the erson nominate the m lo er to act
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as the ngineer for the ur oses of the Contract an name in
the Contract Data, or other erson a ointe from time to time
the m lo er an notifie to the Contractor un er u -Clause 3
e lacement of the ngineer TheTh erson nominate to act as
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an engineer ma e an em lo ee of ail ikas Nigam t
N or an em lo ee of a Project anagement Consultanc
firm engage N for roject management as er the
iscretion of the m lo er
1125 “Contractor s Repre e tati e” means the erson name
“Contractor the
Contractor in the Contract or a ointe from time to time the
th
Contractor un er u -Clause 3 Contractor s e resentative ,
who acts on ehalf of the Contractor
1126 m lo er s Repre e tati e” means the erson name the
m lo er in the Contract or a ointe from time to time the
m lo er who acts on ehalf of the m lo er
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1127 “E p o er Per o e ” means the ngineer, the assistants

referre to in u -Clause 3 2 Delegation the ngineer an all
other staff, la our an other em lo ees of the ngineer an of
the m lo er an an other ersonnel notifie to the Contractor,
the m lo er or the ngineer, as m lo er s Personnel
1128 “Co tra tor Per o e ” means the Contractor s
e resentative an all ersonnel whom the Contractor utilises on
ite, who ma inclu e the staff, la our an other em lo ees of
the Contractor an of each u contractor an an other
ersonnel assisting the Contractor in the execution of the orks
1129 “ u contractor” means an erson name in the Contract as a
su contractor, or an erson a ointe as a su contractor, for a
art of the orks an the legal successors in title to each of
these ersons
1.1.3 Date , Te t , 1131 “Ba e Date” means the ate 28 a s rior to the ea line for
Period a d su mission of i s
Co p etio
1132 “Commencement Date means the ate notifie un er u -
Clause 8 1 Commencement of orks

1133 “Ti e or Co p etio ” means the time for com leting the
orks or a ection as the case ma e un er u -Clause 8 2
Time for Com letion , as state in the Contract Data with an
extension un er u -Clause 8 xtension of Time for
Com letion , calculate from the Commencement Date
113 “Te t o Co p etio ” means the tests which are s ecifie in
the Contract or agree oth Parties or instructe as a
ariation, an which are carrie out un er Clause 9 Tests on
Com letion efore the orks or a ection as the case ma e
are taken over the m lo er
1135 “Ta i -O er Certi i ate” means a certificate issue un er
Clause 10 m lo er s Taking ver
1136 “Te t a ter Co p etio ” means the tests if an which are
s ecifie in the Contract an which are carrie out in accor an
ance
with the ecification after the orks or a ection as the cas
case
ma e are taken over the m lo er
1137 “De e t Noti i atio Period” means the erio for notif ing
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efects in the orks or a ection as the case ma e un er
u -Clause 11 1 Com letion of utstan ing ork an
eme ing Defects , as state in the Contract Data with an
extension un er u -Clause 11 3 xtension of Defects
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Notification Perio , calculate from the ate on which the oorks
or ection is com lete as certifie un er u -Clause 10 1
Taking ver of the orks an ections
1138 “Per or a e Certi i ate” means the certificate issue un er
u -Clause 11 9 Performance Certificate
1139 Da ” means an working or non-working calen ar a from

00 00 hrs to 2 00 hrs
1 1 3 10 “Mo t ” means an calen ar month of the regorian calen ar

ear
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1 1 3 11 “Year” means 365 a s
1 1 3 12 Ti e Perio s An reference to time erio commencing from

the s ecifie a or ate till or until a s ecifie a shall
inclu e oth such a s
1 1 3 13 An reference to “Ti e” shall e accor ing to n ian tan ar Time

T
1.1.4 Mo e a d 11 1 ccepted ontract mount means the amount accepted in the

Pa e t Letter of Acceptance for the execution and completion of the
orks and the remedying of any defects. In the Letter of
Acceptance, the Accepted Contract Amount shall have two
components i.e. (i) the base amount excluding GST (ii) GST
component (calculated at the rate for works contract service as per
GST Laws).
11 2 “Co tra t Pri e” means the rice efine in u -Clause 1 1

The Contract Price , an inclu es a justments in accor ance

with the Contract
11 3 “Co t” means all ex en iture reasona l incurre or to e
incurre the Contractor, whether on or off the ite, inclu ing
overhea an similar charges, ut oes not inclu e rofit
11 “Fi a Pa ment Certi i ate” means the a ment certificate
issue un er u -Clause 1 13 ssue of Final Pa ment
Certificate
11 5 “Fi a State e t” means the statement efine in u -Clause
1 11 A lication for Final Pa ment Certificate
11 6 “Forei C rre ” means a currenc in which art or all of
the Contract Price is a a le, ut not the ocal Currenc
11 7 “I teri Pa e t Certi i ate means a a ment certificate
issue un er Clause 1 Contract Price an Pa ment , other than
the Final Pa ment Certificate
11 8 “Lo a C rre ” means the currenc in n ian u ees
11 9 “Pa e t Certi i ate” means a a ment certificate issue un er
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Clause 1 Contract Price an Pa ment
11 10 “Pro i io a S ” means a sum if an which is s ecifie in
the Contract as a rovisional sum, for the execution of an art of
the orks or for the su l of Plant, aterials or services un er
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u -Clause 13 5 Provisional ums
11 11 “Rete tio Mo e ” means the accumulate retention mone s
which the m lo er retains un er u -Clause 1 3 A lication
for nterim Pa ment Certificates an a s un er u -Clause 1 9
Pa ment of etention one
11 12 “State e t” means a statement su mitte the Contractor as
art of an a lication, un er Clause 1 Contract Price an
Pa ment , for a a ment certificate
1.1.5 Wor a d 1151 “Co tra tor E ip e t means all a aratus, machiner ,
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Good vehicles an other things re uire for the execution an

com letion of the orks an the reme ing of an efects
owever, Contractor s ui ment exclu es Tem orar orks,
m lo er s ui ment if an , Plant, aterials an an other
things inten e to form or forming art of the Permanent orks
1152 “Good ” means Contractor s ui ment, aterials, Plant an
Tem orar orks, or an of them as a ro riate
1153 “Materia ” means things of all kin s other than Plant inten e
to form or forming art of the Permanent orks, inclu ing the
su l -onl materials if an to e su lie the Contractor
un er the Contract
115 “Per a e t Wor ” means the ermanent works to e
execute the Contractor un er the Contract
1155 “P a t” means the a aratus, machiner an vehicles inten e
to form or forming art of the Permanent orks
1156 “Se tio means a art of the orks s ecifie in the Contract
Data as a ection if an

1157 “Te porar Wor ” means all tem orar works of ever kin
other than Contractor s ui ment re uire on ite for the
execution an com letion of the Permanent orks an the
reme ing of an efects
1158 “Wor ” mean the Permanent orks an the Tem orar orks,
or either of them as a ro riate
1.1.6 Ot er De i itio 1161 “Co tra tor Documents means the calculations, com uter
rograms an other software, rawings, manuals, mo els an
other ocuments of a technical nature if an su lie the
Contractor un er the Contract
1162 “Co tr means n ia, the countr in which the ite or most of
it is locate , where the Permanent orks are to e execute
1163 “E p o er E ip e t means the a aratus, machiner an
vehicles if an ma e availa le le the m lo er for the use of
the Contractor in the execution of the orks, as state in the
ecification ut oes not inclu e Plant which has not een
taken over the m lo er
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116 “For e Ma e re is efine in Clause 19 Force ajeure
1165 “Law ” means all national or state legislation, statutes,
or inances an other laws, an regulations an -laws of an
legall constitute u lic authorit
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1166 “Per or a e Se rit means the securit or securities, if an
un er u -Clause 2 Performance ecurit
1167 “Site” means the laces where the Permanent orks are to e
execute an to which Plant an aterials are to e elivere ,
an an other laces as ma e s ecifie in the Contract as
forming art of the ite
1168 “U ore eea e means not reasona l foreseea le an against
which a e uate reventive recautions coul not reasona l e
taken an ex erience contractor the ate for su mission of
the Bi
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1169 “Variatio means an change to the orks, which is instructe

or a rove as a variation un er Clause 13 ariations an
A justments
1 1 6 10 “Rai wa ” means a railwa , or an ortion of a railwa for u lic

carriage of assengers an goo s as efine in the ailwa s
ACT 1989 An reference to railwa means the n ian ailwa s
an the res ective onal ailwa
1.2 I terpreta- n the Contract, exce t where the context re uires otherwise
tio a wor s in icating one gen er inclu e all gen ers
wor s in icating the singular also inclu e the lural an wor s in icating
the lural also inclu e the singular
c rovisions inclu ing the wor agree, agree or agreement re uire the
agreement to e recor e in writing
written or in writing means han -written, t e-written, rinte or
electronicall ma e, an resulting in a ermanent recor an

e the wor ten er is s non mous with i , an ten erer with i er

an the wor s ten er ocuments with i ing ocuments
The marginal wor s an other hea ings shall not e taken into consi eration in
the inter retation of these Con itions
n these Con itions, rovisions inclu ing the ex ression Cost lus rofit
re uire this rofit to e one twentieth 5 of this Cost unless otherwise
in icate in the Contract Data
1.3 Co i atio herever these Con itions rovi e for the giving or issuing of a rovals,
certificates, consents, eterminations, notices, re uests an ischarges, these
communications shall e
a in writing an elivere han against recei t , sent mail or courier,
or transmitte using an of the agree s stems of electronic tr
transmission
as state in the Contract Data an
elivere , sent or transmitte to the a ress for the reci ient s
communications as state in the Contract Data owever
i if the reci ient gives notice of another a ress, communica
communications
shall thereafter e elivere accor ingl an
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ii if the reci ient has not state otherwise when re uesting an
a roval or consent, it ma e sent to the a ress from which tthe
re uest was issue
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A rovals, certificates, consents an eterminations shall not e unreasona l
withhel or ela e hen a certificate is issue to a Part , the certifier shall
sen a co to the other Part Pa ,
hen a notice is issue to a Part the other
Part or the ngineer, a co shall e sent to the ngineer or the other Part ,
as the case ma e
1.4 Law a d The Contract shall e governe the law of the countr or oth
other juris iction
La a e state in the Contract Data
The ruling language of the Contract shall e that state in the Contract Data
The language for communications shall e that state in the Con
Contract Data f
no language is state there, the language for communications shall e the
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ruling language of the Contract
1.5 Priorit o The ocuments forming the Contract are to e taken as mutuall
Do e t ex lanator of one another For the ur oses of inter retation, the
following
riorit of the ocuments shall e in accor ance with the follo
se uence
a the Contract Agreement if an ,
the etter of Acce tance,
c the etter of i ,
the che ules inclu ing Price Bill of uantities ,
e ecial Con itions of Contract
i Part A Contract Data
ii Part B - ecific Provisions
f the eneral Con itions of Contract

g orks m lo er s e uirements,
h the Drawings,
i an other ocuments forming art of the Contract
f an am iguit or iscre anc is foun in the ocuments, the ngineer shall
issue an necessar clarification or instruction
1.6 Co tra t The Parties shall enter into a Contract Agreement within 28 a s after the
A ree e t Contractor receives the etter of Acce tance, unless the agree otherwise The
Contract Agreement shall e ase u on the form annexe to the ecial
Con itions of Contract The costs of stam uties an similar charges if an
im ose law in connection with entr into the Contract Agreement shall e
orne the m lo er
1.7 A i e t Neither Part shall assign the whole or an art of the Contrac
Contract or an enefit
or interest in or un er the Contract owever, either Part
a ma assign the whole or an art with the rior agreement o
of the other
Part , at the sole iscretion of such other Part , an
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ma , as securit in favour of a ank or financial instituti
institution, assign its right
to an mone s ue, or to ecome ue, un er the Contract
1.8 Care a d S pp The ecification an Drawings shall e in the custo an care of the
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o Do e t m lo er nless otherwise state
state in the Contract, two co ies of
o the Contract
an of each su se uent Drawing shall e su lie to the ContracContractor, who ma
make or re uest further co ies at the cost of the Contractor
ach of the Contractor s Documents shall e in the custo an care of the
Contractor, unless an until taken over the m lo er nless otherwise
state in the Contract, the Contractor shall su l to the ngineer
ngi six co ies of
each of the Contractor s Documents
The Contractor shall kee , on the ite, a co of the Contract, u lications
name in the ecification, the Contractor s Documents if an , the Drawings
an ariations an other communications given un er the Contract Contrac The
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m lo er s Personnel shall have the right of access to all these

thes ocuments at
all reasona le times
f a Part ecomes aware of an error or efect in a ocument wh which was
re are for use in executing the orks, the Part shall rom ttl give notice to
the other Part of such error or efect
1.9 De a ed Drawi The Contractor shall give notice to the ngineer whenever the orks are likel
or I tr tio to e ela e or isru te if an necessar rawing or instruction is not issue
to the Contractor within a articular time, which shall e reasona le The notice
shall inclu e etails of the necessar rawing or instruction, etails of wh an
when it shoul e issue , an etails of the nature an amount of the ela
or isru tion likel to e suffere if it is late
f the Contractor suffers ela an or incurs Cost as a result of a failure of the
ngineer to issue the notifie rawing or instruction within a time which is
reasona le an is s ecifie in the notice with su orting etails, the Contractor
shall give a further notice to the ngineer an shall e entitle su ject to u -
Clause 20 1 Contractor s Claims to
a an extension of time for an such ela , if com letion is or will e

ela e , un er u -Clause 8 xtension of Time for Com letion , an

a ment of an such Cost , which shall e inclu e in the Contract Price
After receiving this further notice, the ngineer shall rocee in accor ance
with u -Clause 3 5 Determinations to agree or etermine these matters
owever, if an to the extent that the ngineer s failure was cause an
error or ela the Contractor, inclu ing an error in, or ela in the
su mission of, an of the Contractor s Documents, the Contractor shall not e
entitle to such extension of time, Cost or rofit
1.10 E p o er U e As etween the Parties, the Contractor shall retain the co right an other
o Co tra tor intellectual ro ert rights in the Contractor s Documents an other esign
Do e t ocuments ma e or on ehalf of the Contractor
The Contractor shall e eeme give to the
signing the Contract to giv
-fr
m lo er a non-termina le transfera le non-exclusive ro alt -free licence to
co , use an communicate the Contractor s Documents, inclu ing making an
using mo ifications of them This licence shall
a a l throughout the actual or inten e working life which
whichever is longer
of the relevant arts of the orks,
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art of the orks
entitle an erson in ro er ossession of the relevant ar
to co , use an communicate the Contractor s Documents for the
justing,
ur oses of com leting, o erating, maintaining, altering, a jus
re airing an emolishing the orks, an
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c in the case of Contractor s Documents which are in the form of com uter
rograms an other software, ermit their use on an com uter o on the
ite an other laces as envisage the Contract, inclu ing
re lacements of an com uters su lie the Contractor
The Contractor s Documents an other esign ocuments ma e or on
ehalf of the Contractor shall not, without the Contractor s consent, e use ,
co ie or communicate to a thir art or on ehalf of the m lo er for
ur oses other than those ermitte un er this u -Clause
1.11 Co tra tor U e As

A s etween the Parties, the m lo er shall retain the co right an other
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o E p o er intellectual ro ert rights in the ecification, the Drawings an other

Do e t ocuments ma e Contractor ma , at his
or on ehalf of the m lo er The Contracto
cost, co , use, an o tain communication of these ocuments fo for the
ur oses of the Contract The shall not, without the m lo er s consent, e
co ie , use or communicate to a thir art Contractor, exce t as
the Contractor
necessar for the ur oses of the Contract
1.12 Co ide tia The Contractor shall isclose all such confi ential an other information as the
Detai ngineer ma reasona l re uire in or er to verif the Contractor s com liance
with the Contract
The Contractor shall treat the etails of the Contract as rivate an
confi ential, exce t to the extent necessar to carr out the Contractor s
o ligations un er the Contract or to com l with a lica le aws The
Contractor shall not u lish or isclose an articulars of the orks without the
revious agreement of the m lo er owever, the Contractor shall e
ermitte to isclose an u licl availa le information, or information
otherwise re uire to esta lish his ualifications to com ete for other rojects
1.13 Co p ia e wit The Contractor shall, in erforming the Contract, com l with a lica le aws

Law nless otherwise state in the ecial Con itions of Contract

a the m lo er shall have o taine or shall o tain the lanning, oning or
similar ermission for the Permanent orks, an an other ermissions
escri e in the ecification as having een or eing o taine the
m lo er an the m lo er shall in emnif an hol the Contractor
harmless against an from the conse uences of an failure to o so an
the Contractor shall give all notices, a all taxes, uties an fees, an
o tain all ermits, licences an a rovals, as re uire the aws in
relation to the execution an com letion of the orks an the reme ing
of an efects an the Contractor shall in emnif an hol the m lo er
harmless against an from the conse uences of an failure to o so
1.14 oi t a d f the Contractor constitutes un er a lica le aws a joint

Se era Lia i it venture of two or more ersons firms
a these ersons shall e eeme to e jointl an
severall lia le to the m lo er for the erformance of
the Contract
these ersons shall notif the m lo er of their lea er
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who shall have authorit to in the Contractor an
each of these ersons an
c the Contractor shall not alter its com osition or legal
status without the rior consent of the m lo er
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n the event of efault an artner of joint venture, oon or
after achieving 25 of the financial rogress exclu ing
a vance if an the lea artner or remaining artner s , in
case the efaulting artner is the lea artner, shall notif
the m lo er within twent eight 28 a s of the
occurrence an within Fift six 56 a s of the sai
notification, the lea artner or remaining artner s , who
are not the efaulting artner, shall assign the works of the
efaulting artner, to e uall com etent art with rior
consent of the m lo er For this ur ose the term e uall
com etent art shall mean as un er
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The new artner re lacing the efaulting artner

shoul meet the C re uirement of
ackage com ination of ackages which was met
the efaulting artner on the asis of which the
original ten er was awar e
The re lacement of an efaulting artner, with the new

artner shall e su ject to the con ition that the new
artner has to su mit a itional erformance securit e ual
to 10 of alance cost of work of the artner eing
re lace The erformance securit su mitte the
efaulting artner shall also continue with N till
satisfactor com letion of the work
e Notwithstan ing the consent of the m lo er for
change in com osition or legal status of the joint
venture the artners shall continue to e jointl an
severall lia le to the m lo er
f The joint venture shall enter into a joint venture

agreement incor orating the rovisions of su - aras

a to e ase u on the form annexe to the
Con itions of Contract The agreement shall
in icate recisel the s ecific role of all mem ers of
the in res ect of lanning, esign, construction
e ui ment, ke ersonnel, work execution, an
financing of the roject The authorit to sign the
agreement shall e evi ence a rove legal
instruments
Notwithstan ing the contents of the su -clauses a ove, if
the erformance of an artner is not foun satisfactor
the m lo er, in res ect of the res onsi ilities assigne
to him as er agreement which is a art of this
agreement, the m lo er ma issue notice of such efault
to the sai artner or the e en ing u on reasons
of efault an eclare the sai artner or the as
Poor Performer The issue of such notice shall
automaticall e ar the artner or as the case ma
e from artici ating in an N ten er from the ate of
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issue of notice of efault
1.15I pe tio t e The Contractor shall ermit the m lo er an or ersons a ointe the
E p o er m lo er to ins ect the ite an or the Contractor s recor s re
relating to the
erformance of the Contract
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2. T e E p o er
2.1 Ri t o A e The m lo er shall give the Contractor right of access to, an ossession of,
to t e Site all arts of the ite within the time or times state in the Contract Data The
right an ossession ma not e exclusive to the Contractor f, f un er the
Contract, the m lo er is re uire to give to the Contractor ossession of an
foun ation, structure, lant or means of access, the m lo er shall
s o so in the
time an manner state in the ecification owever, the m lo er ma
withhol an such right or ossession until the Performance ecurit
ec has een
receive
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f no such time is state in the Contract Data, the m lo er sh shall give the
Contractor right of access to, an ossession of, the ite within such times as
ma e re uire to ena le the Contractor to rocee in accor an ance with the
rogramme su mitte un er u -Clause 8 3 Programme
f the Contractor suffers ela as a result of a failure the m lo er to give
th
an such right or ossession within such time, the Contractor shall give notice
to the ngineer an shall e entitle to
a an extension of time for an such ela , if com letion is or will e
ela e , un er u -Clause 8 xtension of Time for Com letion ,
an
new rates in terms of clause 12 3 1 c
After receiving this notice, the ngineer shall rocee in accor ance with u -
Clause 3 5 Determinations to agree or etermine these matters
owever, if an to the extent that the m lo er s failure was cause an
error or ela the Contractor, inclu ing an error in, or ela in the
su mission of, an of the Contractor s Documents, the Contractor shall not e
entitle to such extension of time or new rates

2.2 Per it , The m lo er shall where he is in a osition to o so rovi e reasona le

Li e e or assistanceto the Contractor at the re uest of the Contractor
Appro a
a o taining co ies of the aws of the Countr which are relevant to the
Contract ut are not rea il availa le, an
for the Contractor s a lications for an ermits, licences or a rovals
re uire the aws of the Countr
i which the Contractor is re uire to o tain un er u -Clause 1 13
Com liance with aws ,
ii for the eliver of oo s, inclu ing clearance through customs, an
iii for the ex ort of Contractor s ui ment when it is remove from
the ite
2.3 E p o er The m lo er shall e res onsi le for ensuring that the m lo er s Personnel
Per o e an the m lo er s other contractors on the ite
a co-o erate with the Contractor s efforts un er u -Clause 6 Co-
o eration , an
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take actions similar to those which the Contractor is re uire
ui to take
un er su - aragra hs a , an c of u -Clause 8 afet
nviro
Proce ures an un er u -Clause 18 Protection of the nvironment
2.4 E p o er The m lo er has source the fun s to finance the roject

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Fi a ia Arra e-
e t
2.5 E p o er C ai f the m lo er consi ers himself to e entitle to an a ment un er an

Clause of these Con itions or otherwise in connection with the Contract, an or
to an extension of the Defects Notification Perio , the m lo er or the
ngineer shall give notice an articulars to the Contractor owever, notice is
not re uire for a ments ue un er u -Clause 19 lectricit , ater an
as , un er u -Clause 20 m lo er s ui ment an Free- ssue
ssu aterial ,
or for other services re ueste the Contractor
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The notice shall e given as soon as ractica le after the m llo er ecame
aware, or shoul have ecome aware, of the event or circumstances
circumstanc giving rise
to the claim A notice relating to an extension of the Defects Notification
Perio shall e given efore the ex ir of such erio
The articulars shall s ecif the Clause or other asis of the claim, an shall
inclu e su stantiation of the amount an or extension to which the m lo er
consi ers himself to e entitle in connection with the Contract The ngineer
shall then rocee in accor ance with u -Clause 3 5 Determinations to
agree or etermine i the amount if an which the m lo er is entitle to e
ai the Contractor, an or ii the extension if an of the Defects
Notification Perio in accor ance with u -Clause 11 3 xtension of Defects
Notification Perio
This amount ma e inclu e as a e uction in the Contract Price an
Pa ment Certificates The m lo er shall onl e entitle to set off against or
make an e uction from an amount certifie in a Pa ment Certificate, or to
otherwise claim against the Contractor, in accor ance with this u -Clause

3. T eE i eer
3.1 E i eer The m lo er shall a oint the ngineer who shall carr out the uties
D tie a d assigne to him in the Contract The ngineer s staff shall inclu e suita l
A t orit ualifie engineers an other rofessionals who are com etent to carr out
these uties
The ngineer shall have no authorit to amen the Contract
The ngineer ma exercise the authorit attri uta le to the ngineer as
s ecifie in or necessaril to e im lie from the Contract
owever, the ngineer shall o tain the s ecific a roval of the m lo er
efore taking action un er the-following u -Clauses of these Con itions
a u -Clause 12- nforeseea le Ph sical Con itions Agreeing o
etermining an extension of time an or a itional cost
u -Clause 8 - xtension of Time for Com letion Agreeing o
etermining extension of time
c u -Clause 11 9-Performance Certificate ssue of Performance
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Certificate
u -Clause 13 1- nstructing a ariation xce t,
i in an emergenc situation as etermine the ngineer an as
am lifie in su - aras h an i elow, or
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ii for other situations, if the variation in uantit of an iitem oes not
excee 25 of the sti ulate uantit in the agreement, the
variation in uantit in such item oes not result in increase in
excess of 0 1 of contract rice an variation in uantit in ssuch
item oes not result in cumulative variation in contract rice in
excess of 2
e u -Clause 13 3- ariation Proc
Proce ure A roving a ro osal for ariation
su mitte the Contractor in accor ance with u Clause 13 1 or 13 2
f u -Clause 13 -Pa ment in a lica le Currencies ecif ing tthe
amount a a le in each of the a lica le currencies for a ariation
aria
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g Clause 20 1 Contractor Claims for extension of time an or a itional

a ment
h Notwithstan ing the o ligation, as set out a ove, to o tain a roval, if, in
the o inion of the ngineer, an emergenc occurs affecting the safet of
life or of the orks or of a joining ro ert , he ma , without relieving the
Contractor of an of his uties an res onsi ilit un er the Contract,
instruct the Contractor to execute all such work or to o all such things as
ma , in the o inion of the ngineer, e necessar to a ate or re uce the
risk The Contractor shall forthwith com l , es ite the a sence of
a roval of the m lo er, with an such instruction of the ngineer The
ngineer shall etermine an a ition to the Contract Price, in res ect of
such instruction, in accor ance with Clause 13 an shall notif the
Contractor accor ingl , with a co to the m lo er
i n case the emergenc mentione in a ove u - aras occurs on account

of failure of Contractor, wa of not a hering to the a rove scheme of
work or not taking a e uate safet recautions or an other reason
attri uta le to the contractor, then no a itional amounts shall e ai to
the Contractor for atten ing to such emergencies an the Contractor shall
e lia le for m lo er s claims
j u -clause regar ing e lo ment of u -Contractors
3.2 De e atio The ngineer ma from time to time assign uties an elegate authorit to
t e E i eer assistants, an ma also revoke such assignment or elegation These
assistants ma inclu e a resi ent engineer, an or in e en ent ins ectors
a ointe to ins ect an or test items of Plant an or aterials The
assignment, elegation or revocation shall e in writing an shall not take
effect until co ies have een receive oth Parties
owever, unless otherwise agree oth Parties, the ngineer shall not
elegate the authorit to etermine an matter in accor ance with u -Clause
3 5 Determinations
ssistants shall e suita l ualifie ersons, who are com eten
Assistants etent to carr out
these uties an exercise this authorit , an who are fluent in the language for
communications efine in u -Clause 1 aw an anguage
ach assistant, to whom uties have een assigne or authorit has een
elegate , shall onl e authorise to issue instructions to the Contractor to the
extent efine certific
the elegation An a roval, check, certificate, consent,
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examination, ins ection, instruction, notice, ro osal, re uest, test, or similar
act an assistant, in accor ance with the elegation, shall have
h the same
owev
effect as though the act ha een an act of the ngineer owever
a an failure to isa rove an work, Plant or aterials shall
shal not constitute
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a roval, an shall therefore not reju ice the right of the ngineer
n to
reject the work, Plant or aterials
if the Contractor uestions an instruction of an
etermination or instructio
assistant, the Contractor ma refer the matter to the ngineer, who shall
rom tl confirm, reverse or var the etermination or instruction
3.3 I tr tio o The ngineer ma issue to the Cont Contractor at an time instructions an
t eE i eer a itional or mo ifie Drawings which ma e necessar for the execution of
the orks an the reme ing of an efects, all in accor ance with the
Contract The Contractor shall onl take instructions from the ngineer, or from
an assistant to whom the a ro riate authorit has een elegatelegate un er this
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Clause f an instruction constitutes a ariation, Clause 13 ariations an

A justments shall a l
The Contractor shall com l with the instructions given the ngineer or
elegate assistant, on an matter relate to the Contract henever
ractica le, their instructions shall e given in writing f the ngineer or a
elegate assistant,
a gives an oral instruction an
receives a written confirmation of the instruction, from or on ehalf of the
Contractor, within two working a s after giving the instruction, an
c oes not re l issuing a written rejection an or instruction within two
working a s after receiving the confirmation,
then the confirmation shall constitute the written instruction of the
ngineer or elegate assistant as the case ma e
3.4 Rep a e e t o t e Notwithstan ing u -Clause 3 1, if the m lo er inten s to re lace the

ngineer, the m lo er shall, not less than 21 a s efore the inten e ate of
E i eer re lacement, give notice to the Contractor of the name, a ress an relevant
ex erience of the re lacement ngineer
3.5 Deter i a-tio henever these Con itions rovi e that the ngineer shall rocee in
accor ance with this u -Clause 3 5 to agree or etermine an matter, the
ngineer shall consult with each Part in an en eavour to reach agreement f
agreement is not achieve , the ngineer shall make a fair etermination in
accor ance with the Contract, taking ue regar of all relevant circumstances
The ngineer shall give notice to oth Parties of each agreement or
etermination, with su orting articulars ach Part shall give effect to each
agreement or etermination unless an until revise un er Clause 20 Claims,
Dis utes an Ar itration
4. T e Co tra tor
4.1 Co tra tor The Contractor shall esign to the extent s ecifie in the Con Contract , execute
Ge era an com lete the orks in accor ance with the Contract an with the
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O i atio ngineer s instructions, an shall reme an efects in the orks o
The Contractor shall rovi e the Plant an Contractor s Documen
Documents s ecifie in
the Contract, an all Contractor s Personnel, oo s, consuma les le an other
things an services, whether of a tem orar or ermanent nature, nature re uire in
an for this esign, execution, com letion an reme ing of efects ef
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Allll e ui ment, an material, to e incor orate in or re uire ffor the orks
shall e rocure from a rove sources as sti ulate in the ContractCo
The Contractor shall e res onsi le for the a e uac , sta ilit an safet of all
ite o erations an of all metho s of construction xce t to thet extent
s ecifie in the Contract, the Contractor i shall e res onsi le for all
Contractor s Documents, Tem orar orks, an such esign of each eac item of
Plant an aterials as is re uire for the item to e in accor ance with the
Contract, an ii shall not otherwise e res onsi le for the esign or
s ecification of the Permanent orks
The Contractor shall, whenever re uire the ngineer, su mit etails of the
arrangements an metho s which the Contractor ro oses to a o t for the
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execution of the orks No significant alteration to these arrangements an

metho s shall e ma e without this having reviousl notifie to the
een notif
ngineer
n com letion of the works, the contractor shall arrange to furnish
fur to the
m lo er two 2 oun sets of all As Built rawings for ever com onent of
the orks at his own cost, all such co ies eing on Pol ester film of ualit to
e a rove the ngineer or his e resentative The Taking over
Certificate of the orks, as er the rovisions of Clause 10 1 herein, shall not
e issue the ngineer in the event of the Contractor s failure to furnish the
aforesai As Built rawings for the entire works
f the Contract s ecifies that the Contractor shall esign an art of the
Permanent orks, then unless otherwise state in the ecial Con itions of
Contract
a the Contractor shall su mit to the ngineer the Contractor s Documents
for this art in accor ance with the roce ures s ecifie in the Contract
these Contractor s Documents shall e in accor ance with the

ecification an Drawings, shall e written in the language for
communications efine in u -Clause 1 aw an anguage , an
shall inclu e a itional information re uire the ngineer to a to the
Drawings for co-or ination of each Part s esigns
c the Contractor shall e res onsi le for this art an it shall, when the
orks are com lete , e fit for such ur oses for which the art is
inten e as are s ecifie in the Contract an
rior to the commencement of the Tests on Com letion, the Contractor

shall su mit to the ngineer the as- uilt ocuments an o eration an
maintenance manuals in accor ance with the ecification an in
sufficient etail for the m lo er to o erate, maintain, ismantle,
reassem le, a just an re air this art of the orks uch art shall not
e consi ere to e com lete for the ur oses of taking-over un er
u -Clause 10 1 Taking ver of the orks an ections until these
ocuments an manuals have een su mitte to the ngineer
4.2 Per or a e
The Contractor shall obtain (at his cost) a Performance Securit
Security and an
Se rit additional Performance Security, if any in terms of ITB 35.5, ffor proper
performance of the contract, for the amount, currencies and validity
val period for
Performance Security stated in the Contract Data. If an amount is not stated in
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the Contract Data, this Sub-Clause shall not apply.
The Contractor shall deliver the Performance Security and addit additional
after receiving the
Performance Security, if any, to the Employer within 28 days af
The Performance
Letter of Acceptance, and shall send a copy to the Engineer. Th
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Security/additional Performance Security shall be issued by an entity and from
within a country (or other jurisdiction) approved by the Employ
Employer, and shall be
in the form as given in Section 8 (Contract Forms) or in another anothe form
specifically approved by the Employer.
The Performance Security/additional Performance Security shall be, at the
Contractor’s option, in any of the following forms:
(i) An unconditional Bank guarantee in the prescribed format
(ii) A Pay Order / Demand Draft drawn on a Scheduled / Nationalized
New
Bank in India in favour of “Rail Vikas Nigam Ltd” payable at Ne
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Delhi
(iii) FDR in favour of “Rail Vikas Nigam Ltd.” (free from any
encumbrance).
(iv) A deposit of cash or online bank transfer to RVNL account
The bank guarantee shall be from a bank having minimum net-worth of over
INR 500 million from the specified banks as under:
(i) a Schedule Bank in India, or
(ii) a Foreign Bank having their operations in India, or
(iii) a Foreign Bank which does not have operations in India is required to
provide a counter-guarantee by State Bank of India,
In case the contractor is a JV;”the Performance Security/additional Performance
Security, if any in terms of ITB 35.5, shall be submitted by each JV Partner
separately on behalf of the JV in favour of RVNL in proportion of their
respective percentage share specified in the JV Agreement. The additional
Performance Security shall be submitted by the partner(s) responsible for
execution of schedule(s) (as per JV agreement) against which additional
Performance Security is required to be submitted in terms of ITB 35.5.

owever, Submission of Performance Guarantee Security by individual
partners on behalf of the JV shall in no way dilute their Joint & Several
responsibility. The Employer shall be entitled to recover the amount of Bank
Guarantees individually and all the Partners jointly at its discretion.”
The Contractor shall ensure that the Performance Security/additional
Performance Security is valid and enforceable until the Contractor has executed
and completed the orks and remedied defects, if any. If the contractor does
not complete the work for any reasons whatsoever, the terms of the
Performance Security/ additional Performance Security specify its expiry date,
and the Contractor has not become entitled to receive the Performance
Certificate by the date 28 days prior to the expiry date, the Contractor shall be
bound to extend the validity of the Performance Security/additional
Performance Security until the orks have been completed and an any defects
have been remedied.
The Guarantees shall be unconditional and irrevocable. The Employer
Empl shall
days after receiving
return the Performance Security to the Contractor within 21 day
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a copy of the Performance Certificate or passing of the Final Payment P
Certificate whichever is later. owever, on completion of specified
speci section(s)
and successful passage of defect liability period for such section(s)
sect along with
execution of any leftover works at the time of completion of such
su section(s), the
contractor shall be entitled for release of 0% of the proportionate
proporti Performance
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Security calculated as specified in Contract Data subject to the
th condition that
Engineer certifies that no recoveries are pending in the contracontract. In case
Engineer points out amount to be recovered then the contractor shall be entitled
for release of 0% of the proportionate Performance Security calculated
ca as
specified in Contract Data minus the amount to be recovered.
submitted in terms
The Employer shall return additional Performance Security submi
of ITB 35.5 as per the following;
(a) If the contractor submits an application stating that all the works
w against
the particular schedule(s)/bill(s) for which additional Performance
Perform
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Security was submitted in terms of ITB 35.5 have been completed in all
respect, then the Employer, on being satisfied with the claim oof the
contractor, shall return the full additional Performance Security
Securi against
the particular schedule(s). Decision of the Employer regarding
completion of works against a particular schedule/bill shall be final and
binding on the contractor.
(b) If the contractor submits an application stating that majority of the
works (physical progress being not less than 0%) against the particular
schedule(s)/bill(s) for which additional Performance Security was
submitted in terms of ITB 35.5 have been completed and execution of
balance works is held up for reasons not attributable to the Contractor,
then the Employer, on being satisfied with the claim of the contractor,
shall return 75% of the amount of additional Performance Security
against the particular schedule(s). The balance amount of additional
Performance Security shall however be returned only after completion
of the works against the particular schedule(s)/bill(s) for which
additional Performance Security was submitted in terms of ITB 35.5, in
all respects to the satisfaction of the Employer. Decision of the
Employer regarding completion of works against a particular

schedule/bill shall be final and binding on the contractor.
ithout limitation to the provisions of the rest of this Sub-Clause, whenever the
Engineer determines an addition or a reduction to the Contract Price as a result
of a change in cost and/or legislation or as a result of a Variation amounting to
more than 25 percent of the portion of the Contract Price payable in a specific
currency, the Contractor shall at the Engineer s request promptly submit
Performance Guarantee 10% of the increased amount over the original
contract price in a specific currency. On the other hand if the value of contract
price decreases by more than 25% of the original contract price payable in a
specific currency, Performance Guarantee 10% of the decrease in contract
price from the original contract price in a specific currency shall be returned to
the contractor, on his request.
herever the contract is terminated under Clause 15.2, the Perf
Performance
Guarantee shall be encashed by the Employer:
i) in full including additional performance guarantee amount, if any,
a taken in
terms of sub clause 35.5 of ITB and not due for release on the date of issue of
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termination letter in terms of this clause, in case of terminat
termination of the
contract as a whole; Or
ii) at the discretion of the Employer it may be encashed in part/parts
par
proportionate to the Contract price
price of the bill/schedule to which
whi the
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terminated part of work belongs i.e P (A x B) C where
P Proportionate Bank Guarantee Amount.
A Contract price of the particular bill/schedule to which the terminated
t
part of work belongs.
B Performance Guarantee amount in terms of GCC sub clause 4.2.
C Total Contract price.
Plus additional performance Guarantee amount, if any, taken in terms of sub
clause 35.5 of ITB and not due for release on the date of issue of termination
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letter in terms of this clause against this particular bill/schedule

bill/sch to which the
terminated part of the work belongs, in case of termination in part/parts.
The balance work should be got done separately, and independently
independent by RVNL
without risk and cost of the original contractor. The original contractor shall be
debarred from participating in the tender for executingthe balance work. If the
failed contractor is a JV or a partnership firm, then every member/partner of
such a firm would be debarred from participating in the tender for the balance
work either in his/her individual capacity or as a partner of any other
JV/partnership firm.
In case the contractor fails to perform the contract or any JV partner fails to
perform its obligations under the JV agreement, which is a part of this
agreement, the Employer may issue notice of such default to the said JV partner
or the JV (depending upon reasons of default) and declare the said JV partner or
the JV as Poor Performer. The issue of such notice shall automatically debar the
JV partner or JV, as the case may be, from participating in any RVNL tender
from the date of issue of notice of default. The relevant performance security
including additional performance security, if any, in terms of sub clauses 35.5

of ITB submitted by the Contractor or submitted on behalf of JV partner to the

extent not due for release at the time of contemplation of such action shall be
encashed and forfeited either fully or in proportion of the percentage share of
that partner in the JV agreement, as the case may be.
4.3 Co tra tor The Contractor shall a oint the Contractor s e resentative an shall give
Repre e tati e him all authorit necessar , inclu ing financial owers, to act on the
Contractor s ehalf un er the Contract
nless the Contractor s e resentative is name in the Contract, the
Contractor shall, rior to the Commencement Date, su mit to the ngineer for
consent the name an articulars of the erson the Contractor ro oses to
a oint as Contractor s e resentative f consent is withhel or su se uentl
revoke , or if the a ointe erson fails to act as Contractor s e resentative,
the Contractor shall similarl su mit the name an articulars of another
suita le erson for such a ointment
The Contractor shall not, without the rior consent of the ngi
ngineer, revoke the
a ointment of the Contractor s e resentative or a oint a re lacement
The whole time of the Contractor s e resentative shall e give
given to irecting
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the Contractor s erformance of the Contract f the Contractor s
e resentative is to e tem oraril
oraril a sent from the ite uring the execution of
the orks, a suita le re lacement erson shall e a ointe , su ject to the
accor ingl
ngineer s rior consent, an the ngineer shall e notifie ac
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Contractor, receive
The Contractor s e resentative shall, on ehalf of the Contrac
instructions un er u -Clause 3 3 nstructions of the ngineer
The Contractor s e resentative ma elegate an functions an
owers, functi
authorit to an com etent erson, an ma at an time revoke the t elegation
An
A n elegation or revocation shall not take effect until the ng ngineer has
receive rior notice signe resentative naming the
the Contractor s e resentative,
erson an s ecif ing the owers, functions an authorit eing elegate or
revoke
The Contractor s e resentative shall e fluent in the language for
communications efine in u -Clause 1 aw an anguage f the
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Contractor s e resentative s elegates are not fluent in the sai language, the
Contractor shall make com etent inter reters availa le uring all
a working hours
in a num er eeme sufficient the ngineer
The Contractor shall e ute his e resentative to atten all the

th review
meetings notifie the ngineer
4.4 S - o tra tor The Contractor shall not subcontract the whole of the orks. The Contractor
shall be responsible for the acts or defaults of any Subcontractor, his agents or
employees, as if they were the acts or defaults of the Contractor.
Unless otherwise stated in the Special Conditions of Contract:
(a) the Contractor shall not be required to obtain consent to suppliers
solely of Materials, or to a subcontract for which the Subcontractor is
named in the Contract or as specifically provided in the Contract data
or value of any sub-contract for orks, or the aggregate value of such
sub-contracts with any Subcontractor, does not exceed 5% (five per
cent) of the Contract Price provided that such works are not for the key
activities in terms of clause 2.6 of section 3 (Evaluation and
ualification Criteria) which are to be executed by specialist

subcontractor(s);
(b) the prior consent of the Engineer shall be obtained to other proposed
Subcontractors and/or suppliers. hile submitting his proposal in this
regard, the Contractor shall ensure that;
(i) total value of orks requiring such consent for subcontracting
shall not be more than 70% (seventy per cent) of the Contract
Price;
(ii) the proposed subcontractor must have executed woks of 40% of
value of the proposed subcontract through a single contract during
last seven years; and
(iii)No banning/blacklisting/declaration as poor performer by RVNL
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in force on the proposed subcontractor (on the date of grant of
consent by the Engineer);
(iv) No contract of the proposed subcontractor has been terminated by
b
RVNL during the last two years (to be reckoned from the date of
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grant of consent by the Engineer);
(v) the Contractor shall submit the proposal for subcontracting wit
with the
name, particulars and the relevant experience of the proposed
subcontractor;
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(c) the Contractor shall give the Engineer not less than 28 days’ notice of
the intended date of the commencement of each Subcontractor’s
work, and of the commencement of such work on the Site;
(d) each subcontract shall include provisions which would entitle tthe
Employer to require the subcontract to be assigned to the Emplo
Employer
under Sub-Clause 4.5 Assignment of Benefit of Subcontract (if or
when applicable) or in the event of termination under Sub-Clause
Sub-Claus
15.2 Termination by Employer ; and
(e) On getting consent from the Engineer, the Contractor shall provide
prov to
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the Engineer copy of the agreement entered with such subcontrac

subcontractor.
The Contractor shall ensure that the requirements imposed on th
the Contractor by
Sub-Clause 1.12 Confidential Details apply equally to each Subcontractor.
Su
here practicable, the Contractor shall give fair and reasonable
reasonabl opportunity for
contractors from the Country to be appointed as Subcontractors.
The Contractor shall endeavour to resolve all matters and payments amicably
and speedily with the sub-contractors.
The Contractor shall indemnify and hold the Employer harmless against and
from any claim of subcontractors or suppliers of the materials.
The Contractor shall release payment to the Sub-contractors/Suppliers promptly
and shall endeavour to resolve all issues amicably and speedily with the Sub-
contractors/Suppliers, so that the execution of work is not affected in any
manner whatsoever.
In case a Sub-contractor/Supplier represents to the Engineer in writing with
supporting documents, stating that he has not received payment due as per the
agreement/work or purchase order for the works executed by such Sub-
contractor or supplies made by such Supplier, which have been covered in

previous Payment Certificates and the Engineer finds such representation
having merit, the Engineer, before issuing next Payment Certificate, may
forward a copy of the representation to the Contractor requesting the Contractor
to supply reasonable evidence that the amount stated to be outstanding by the
Sub-contractor/Supplier for the works executed or supplies made, which have
been covered in previous Payment Certificates has been paid and if not, why the
same is not payable. The Engineer may recommend to make payment to the
Sub-contractor/Supplier unless the Contractor submits reasonable evidence to
the Engineer:
(i) that the amount claimed has been paid, or
(ii) entit
satisfying the Engineer in writing that the Contractor is entitled
to withhold or that the amount is not payable.
On the recommendation of the Engineer, the Employer may (at his sole
amount due for and
discretion) directly pay to the Sub-contractor/Supplier the amo
on behalf of the Contractor, part or all of such amounts previously certified (less
applicable deductions) as are found due to the Sub-contractor/Supplier
Sub-contractor/S by the
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Engineer. The Employer shall adjust the amount paid directly to the Sub-
contractor/Supplier from any amount due by it to the Contractor Contractor. The
Contractor shall repay the amount, in case no amount is found due d by the
Employer to the Contractor.
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That the payment by Employer, on behalf of the Contractor to its it Sub-
contractor/Supplier, shall not alter any terms of agreement bet between the
Employer and the Contractor and nor the same shall result in any
an privity of
contract between the Employer and the Sub-contractor/Supplier.
4. ssignment of If a Subcontractor’s obligations extend beyond the expiry date of the relevant
Benefit of Defects Notification Period and the
th Engineer, prior to this date, instructs the
Subcontract Contractor to assign the benefit of such obligations to the Employer,
Emp then the
Contractor shall do so. Unless otherwise stated in the assignment,
assignme the
Contractor shall have no liability to the Employer for the work carried out by
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the Subcontractor after the assignment takes effect.
4. o-operation The Contractor shall, as specified in the Contract or as instru

instructed by the
Engineer, allow appropriate opportunities
oppor for carrying out work to:
(a) the Employer’s Personnel,
(b) any other contractors employed by the Employer, and
(c) the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of any work not
included in the Contract.
Any such instruction shall constitute a Variation if and to the extent that it
causes the Contractor to incur Unforeseeable Cost. Services for these personnel
and other contractors may include the use of Contractor’s Equipment,
Temporary orks or access arrangements which are the responsibility of the
Contractor.
If, under the Contract, the Employer is required to give to the Contractor
possession of any foundation, structure, plant or means of access in accordance
with Contractor’s Documents, the Contractor shall submit such documents to

the Engineer in the time and manner stated in the Specification.
4.7 Setti O t The Contractor shall set out the orks in relation to original oints, lines an
levels ofreference s ecifie in the Contract or notifie the ngineer The
Contractor shall e res onsi le for the correct ositioning of all arts of the
orks, an shall rectif an error in the ositions, levels, imensions or
alignment of the works, notif ing the ngineer within 28 a s of the ate of
commencement
n the event of such iscre anc arising uring the course of the work, for
which m lo er s ocuments are han e over after the ate of
commencement, the contractor shall seek clarifications within 1 a s of
recei t of such ocuments
The m lo er shall e res onsi le for an errors in these s eci ecifie or notifie
items of reference, ut the Contractor shall use reasona le eff
efforts to verif their
accurac efore the are use
Contractor shall rom tl notif the m lo er an the ngineer of an error,
omission, fault, or an other efect in the esign, rawing or s ecifications for
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the works, which he iscovers when reviewing the Contract Docum Documents, an in
the rocess of execution of the orks The contractor shall e res onsi le to
ensure correlation in various rawings an ill of uantities, efore
commencement an execution of work n case of an iscre anc the
clarification within 28 a s
contractor shall ring it to notice of the ngineer for clarifi
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of the issue of etter of Acce tance n the event of such isc iscre anc arising
uring the course of the work, for which rawings are given after the ate of
clarifications within 1
issue of etter of Acce tance, the contractor shall seek clarif
a s of recei t of such rawings
4.8 Sa et The Contractor shall follow the rovisions lai Annexure 1 to ection 7
own in Annexur
Pro ed re ecial Con itions of Contract , Cha ter 1 afet an ecuri of ection 5
ecurit
orks m lo ers e uirements an shall
(a) com l with all a lica le safet regulations,
(b) take care for the safet of all ersons entitle to e on the ite,
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(c) use reasona le efforts to kee the ite an orks clear of unne
unnecessar
o struction so as to avoi anger to these ersons,
(d) rovi e fencing, lighting, guar ing an watching of the orks u
until
com letion an taking over un er Clause 10 m lo er s Taking ver ,
an
(e) rovi e an Tem orar orks inclu ing roa wa s, footwa s, guar s an
fences which ma e necessar , ecause of the execution of the orks,
for the use an rotection of the u lic an of owners an occu iers of
a jacent lan
4.8.1 Notwithstan ing with an other rovision, the Contractor shall have to a
enalt for amage to ailwa ca le in terms of clause C 15 of the P as
given in ara 1 2 of Cha ter 1 afet an ecurit of ection 5
orks m lo ers e uirements an shall also in emnif the m lo er
against an losses, amages to ro ert or life in terms of ara 1 11 an 1 12
of the cha ter 1 afet an ecurit of ection 5 orks m lo ers
e uirements
4.9 a it The Contractor shall institute a ualit assurance s stem to emonstrate

A ra e com liance with the re uirements of the Contract The s stem shall e in
accor ance with the etails state in the Contract The ngineer shall e
entitle to au it an as ect of the s stem
Details of all roce ures an com liance ocuments shall e su mitte to the
ngineer for information efore each esign an execution stage is
commence hen an ocument of a technical nature is issue to the
ngineer, evi ence of the rior a roval the Contractor himself shall e
a arent on the ocument itself
Com liance with the ualit assurance s stem shall not relieve the Contractor
of an of his uties, o ligations or res onsi ilities un er the Contract
4.10 Site Data The m lo er shall have ma e availa le to the Contractor for hi his information,
rior to the Base Date, all relevant ata in the m lo er s os ossession on su -
surface an h rological con itions at the ite, inclu ing envi environmental
as ects The m lo er shall similarl make availa le to the Contractor all such
ata which come into the m lo er s ossession after the Base Date D The
Contractor shall e res onsi le for inter reting all such ata
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To the extent which was ractica le taking account of cost an time , the
Contractor shall e eeme to have o taine all necessar infor information as to
risks, contingencies an other circumstances which ma influenc
influence or affect the
Bi or orks To the same extent, the Contractor shall e eeme to have
ins ecte an examine the ite, its surroun ings, the a ove a ata an other
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availa le information, an to have een satisfie efore su mitmitting the Bi as
to all relevant matters, inclu ing without limitation
(a) the form an nature of the ite, inclu ing su -surface con itio
itions,
(b) the h rological an climatic con itions,
(c) the extent an nature of the work an oo s necessar for the e
execution
an com letion of the orks an the reme ing of an efects,
(d) the aws, roce ures an la our ractices of the Countr , an
(e) the Contractor s re uirements for access, accommo ation, facili
facilities,
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ersonnel, ower, trans ort, water an other services

(f) Data ma e availa le the m lo er in accor ance with the rec rece ing
aragra h shall e eeme to inclu e ata liste elsewhere in tthe
the Contract
contract as o en for ins ection at the a ress sti ulate in th
4.11 S i ie o t e The Contractor shall e eeme to

A epted Co tra t
A o t (a) have satisfie himself as to the correctness an sufficienc of the
Acce te Contract Amount, an
(b) have ase the Acce te Contract Amount on the ata, inter retations,
necessar information, ins ections, examinations an satisfaction as to
all relevant matters referre to in u -Clause 10 ite Data
nless otherwise state in the Contract, the Acce te Contract Amount covers
all the Contractor s o ligations un er the Contract inclu ing those un er
Provisional ums, if an an all things necessar for the ro er execution an
com letion of the orks an the reme ing of an efects
4.12 U ore eea e n this u -Clause, h sical con itions means natural h sical con itions an
P i a Co ditio man-ma e an other h sical o structions an ollutants, which the Contractor
encounters at the ite when executing the orks, inclu ing su -surface an
h rological con itions ut exclu ing climatic con itions
f the Contractor encounters a verse h sical con itions which he consi ers to
have een nforeseea le, the Contractor shall give notice to the ngineer as
soon as ractica le
This notice shall escri e the h sical con itions, so that the can e ins ecte
the ngineer, an shall set out the reasons wh the Contractor consi ers
them to e nforeseea le The Contractor shall continue executing the orks,
using such ro er an reasona le measures as are a ro riate for the
h sical con itions, an shall com l with an instructions which the ngineer
ma give f an instruction constitutes a ariation, Clause 13 ariations an
A justments shall a l
f an to the extent that the Contractor encounters h sical conco itions which
are nforeseea le, gives such a notice, an suffers ela an or o incurs Cost
je to u -Clause
ue to these con itions, the Contractor shall e entitle su ject
20 1 Contractor s Claims to
(a) an extension of time for an such ela , if com letion is or wi will e
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(b) a ment of an such Cost, which shall e inclu e in the Contra
Contract Price
After receiving such notice an ins ecting an or investigating these h sical
con itions, the ngineer shall rocee in accor ance with u -Clause-C 35
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Determinations to agree or etermine
etermine i whether an if so to what extent
matt
these h sical con itions were nforeseea le, an ii the matters escri e in
su - aragra hs a an a ove relate to this extent
owever, efore a itional Cost is finall agree or etermine un er su -
aragra h ii , the ngineer ma also review whether other h sical s con itions
in similar arts of the orks if an were more favoura le than tha coul
reasona l have een foreseen when the Contractor su mitte the Bi f an
to the extent that these more favoura le con itions were encountere
encoun , the
ngineer ma rocee in accor ance with u -Clause 3 5 Determinations
Determi to
agree or etermine the re uctions in Cost which were ue to these con itions,
which ma e inclu e as e uctions in the Contract Price an Pa ment
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Certificates owever, the net effect of all a justments un er su - aragra h

an all these re uctions, for all the h sical con itions encountere
encou in similar
arts of the orks, shall not result in a net re uction in the Contract Price
The ngineer ma take account of an evi ence of the h sical con
c itions
foreseen the Contractor when su mitting the Bi , which ma e ma e
availa le the Contractor, ut shall not e oun an such evi ence
4.13 Ri t o Wa a d The Contractor shall ear all costs an charges for s ecial an or tem orar
Fa i itie rights-of-wa which he ma re uire, inclu ing those for access to the ite The
Contractor shall also o tain, at his risk an cost, an a itional facilities outsi e
the ite which he ma re uire for the ur oses of the orks
n case an o eration connecte with traffic necessitates iversion, o struction

or closure of an roa , railwa or an other right of wa , the a roval of the
ngineer an the concerne authorities shall e o taine well in a vance
the Contractor
Provi e that if it is foun necessar for the Contractor to move one or more
loa s of heav constructional lants an e ui ment, materials or Pre-
constructe units or arts of units of work over roa s, highwa s, ri ges on

which such oversi e an overweight items that are not normall to e move ,
the contractor shall o tain rior ermission from the concerne authorities
Pa ments for com l ing with the re uirements, if an , for rotection or
strengthening of the roa s, highwa s or ri ges shall e ma e the
contractor an such ex enses shall e eeme to e inclu e in his uote
contract rice
4.14 A oida eo The Contractor shall not interfere unnecessaril or im ro erl with
I ter ere e
(a) the convenience of the u lic, or
(b) the access to an use an occu ation of all roa s an foot aths,
irres ective of whether the are u lic or in the ossession of the
m lo er or of others or
(c) Passenger amenities at stations an station latforms
a
The Contractor shall in emnif an hol the m lo er harmless against an
from all amages, losses an ex enses inclu ing legal fees an ex enses
resulting from an such unnecessar or im ro er interference
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4.15 A e Ro te The Contractor shall e eeme to have een satisfie as to the suita ilit an
availa ilit of access routes to the ite The Contractor shall use reasona le
efforts to revent an roa or ri ge from eing amage the Contractor s
traffic or the Contractor s Personnel These efforts shall iinclu e the ro er
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use of a ro riate vehicles an routes
xce t as otherwise state in these Con itions
(a) the Contractor shall as etween the Parties e res onsi le fo for an
maintenance which ma e re uire for his use of access routes
(b) the Contractor shall rovi e all necessar signs or irections along
access routes, an shall o tain an ermission which ma e re uire
from the relevant authorities for his use of routes, signs an irections
(c) the m lo er shall not e res onsi le for an claims which ma arise
from the use or otherwise of an access route
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(d) the m lo er oes not guarantee the suita ilit or availa ilit of articular
access routes an
(e) Costs ue to non-suita ilit or non-availa ilit , for the use rre uire the
Contractor, of access routes shall e orne the Contractor
4.16 Tra port o nless otherwise state in the ecial Con itions of Contract
Good
(a) the Contractor shall give the ngineer not less than 21 a s notice of the
ate on which an Plant or a major item of other oo s will e elivere
to the ite
(b) the Contractor shall e res onsi le for acking, loa ing, trans orting,
receiving, unloa ing, storing an rotecting all oo s an other things
re uire for the orks an
(c) the Contractor shall in emnif an hol the m lo er harmless against
an from all amages, losses an ex enses inclu ing legal fees an
ex enses resulting from the trans ort of oo s, an shall negotiate an
a all claims arising from their trans ort

4.17 Co tra tor The Contractor shall e res onsi le for all Contractors ui ment hen
E ip e t rought on to the ite, Contractor s ui ment shall e eeme to e
exclusivel inten e for the execution of the orks The Contractor shall not
remove from the ite an major items of Contractor s ui ment without the
consent of the ngineer owever, consent shall not e re uire for vehicles
trans orting oo s or Contractor s Personnel off ite
n the event of Contractor im orts an e ui ment the following shall a l
(a) C to C eara e: The m lo er will assist the contractor, when
re uire furnishing letters of recommen ation for o taining ex e itious
clearance through customs of constructional lants, material an other
things re uire for the works an then for re-ex ort, if an The following
u lications, ma e referre to the contractor for gui ance a out
custom regulations etc
i m ort ex ort olic , together with amen ments, if an ,
u lishe ovt of n ia, inistr of Commerce
j an Book of Proce ures, together with amen ments, if an ,
olume 1 an 2 u lishe inistr of Commerce
L
iii Customs Tariff, together with amen ments, if an l
u lishe
Central Customs
The Contractor shall e res onsi le to follow the latest
lates rules an
regulations without an lia ilit of the m lo er
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( ) Re-e port o o tra tor e ip e t: The contractor shall o tain all the
relevant information regar ing roce ure for the im ort an su se uent
Control
re-ex ort of his e ui ment an materials from the Chief Controller of
m orts an x orts, New Delhi, an shall inform himself an kee ke
himself informe on the etails of custom charges an raw- ack
regulations as a lica le to the items of Constructional lant The
th
contractor shall rovi e the necessar guarantee on s where these are
re uire the customs notwithstan ing that im ort licenses ma e
grante in the name of m lo er
c Contracto s
Notwithstan ing the rovisions mentione a ove, Contractor ui ment,
inclu ing essential s are arts therefore, im orte Cont
the Contractor for
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the sole ur ose of executing the Contract shall e tem oraril exem t
from the a ment of im ort uties an taxes u on initial im ortation,
ort
rovi e the Contractor shall ost with the customs authorities at the
ort of entr an a rove ex ort on or ank guarantee, vali until the
Time for Com letion lus six months, in an amount e ual to the full
im ort uties an taxeswhich woul e a a le on the assesse
im orte value of such Contractor s ui ment an s are arts, an
a a e in the event the Contractor s ui ment is not ex orte from
the Countr on com letion of the Contract A co of the o d or ank
guarantee en orse the custom authorities shall e rovi e the
Contractor to the m lo er u on the im ortation of in ivi ual items of
Contractor s ui ment an s are arts on ex ort of in ivi ual
items of Contractor s ui ment or s are arts, or u on the com letion
of the Contract, Contractor shall re are for a roval the customs
authorit the authorities, an assessment of the resi ual value of the
Contractor s ui ment an s are arts to e ex orte ase on the
e reciation scale s an other criteria use the customs authorities
for such ur oses un er the rovisions of the a lica le aws m ort
uties an taxes shall e ue an a a le to the customs authorities
the Contractor on a the ifference etween the initial im orte value
an the resi ual value of the contractor s e ui ment an s are arts to

e ex orte an on the initial im orte value that contractor s
e ui ments an s are arts remaining in the Countr after com letion
of the Contract on a ment of such ues within 28 a s of eing
invoice , the on or ank guarantee shall e re uce or release
accor ingl otherwise the securit shall e calle in the full amount
remaining in the Countr
(d) Co ditio o ire o t e o tra tor e ip e t: A certifie co of
the agreement in res ect of an item of ui ment hel contractor
un er an agreement for hire or hire urchase thereof, shall e
su lie to the ngineer m lo er
4.18 Prote tio o t e The Contractor shall take all reasona le ste s to rotect the environment oth
E iro e t on an off the ite an to limit amage an nuisance to eo le an ro ert
resulting from ollution, noise an other results of his o erat
erations
The Contractor shall ensure that emissions, surface ischarges an effluent
from the Contractor s activities shall not excee the values st
state in the
ecification or rescri e a lica le aws
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fo the rovision
4.19 E e tri it , Water The Contractor shall, exce t as state elow, e res onsi le for
a d Ga of all ower, water an other services he ma re uire
The Contractor shall e entitle to use for the ur oses of the orks such
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su lies of electricit , water, gas an other services as ma e availa le on the
ite an of which etails an rices are given in the ecifica
ecification The
n
Contractor shall, at his risk an cost, rovi e an a aratus necessar for his
use of these services an for measuring the uantities consume
The uantities consume an the amounts ue at these rices ffor such
services shall e agree or etermine the ngineer in accor ance with
u -Clause 2 5 m lo er s Claims an u -Clause 3 5 Determinations
Determin The
Contractor shall a these amounts to the m lo er
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4.20 E p o er The m lo er shall make the m lo er s ui ment if an availa le for the use
E ip e t a d of theContractor in the execution of the orks in accor ance with the etails,
Free-I e arrangements an rices state in the ecification nless otherwise state in
Materia the ecification
(a) the m lo er shall e res onsi le for the m lo er s ui ment, exce t
that
(b) the Contractor shall e res onsi le for each item of m lo er s
ui ment whilst an of the Contractor s Personnel is o erating it, riving
it, irecting it or in ossession or control of it
The a ro riate uantities an the amounts ue at such state rices for the
use of m lo er s ui ment shall e agree or etermine the ngineer in
accor ance with u -Clause 2 5 m lo er s Claims an u -Clause
-Clau 35
Determinations The Contractor shall a these amounts to the m lo er
The m lo er shall su l , free of charge, the free-issue mate
materials if an in
accor ance with the etails state in the Contract ata The m lo er shall, at
lace s ecifie in the
his risk an cost, rovi e these materials at the time an lac
Contract The Contractor shall then visuall ins ect them, an shall rom tl
L
give notice to the ngineer of an shortage, efect or efault in these
materials nless otherwise agree oth Parties, the m lo e er shall
imme iatel rectif the notifie shortage, efect or efault
n case materials are han e over, in accor ance with the roc roce ure
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rescri e accounte for, the
the ngineer, after ro er measurement an accoun
contractor shall e solel lia le for an shortage, amage, ef efect or efault in
such material, an shall in emnif the m lo er until the final accountal of
materials is ma e the Contractor on com letion of the work
4.21 Pro re nless otherwise state in the ecial Con itions of Contract, monthl
Report rogress re orts shall e re are the Contractor an su mitte to the
ngineer in six co ies The first re ort shall cover the erio u to the en of
the first calen ar month following the Commencement Date orts shall e
e o
su mitte monthl thereafter, each within 7 a s after the last a of the erio
to which it relates
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e orting shall continue until the Contractor has com lete all work which is
known to e outstan ing at the com letion ate state in the Ta Taking- ver
Certificate for the orks
ach re ort shall inclu e
charts an etaile escri tions of rogress, inclu ing each stage of
esign if an , Contractor s Documents, rocurement, manufacture,
eliver to ite, construction, erection an testing an inclu ing these
stages for work each nominate u contractor as efine in Clause 5
Nominate u contractors ,
hotogra hs showing the status of manufacture an of rogress on the
ite
for the manufacture of each main item of Plant an aterials, the name of
the manufacturer, manufacture location, ercentage rogress, an the
actual or ex ecte ates of
(i) commencement of manufacture,
(ii) Contractor s ins ections,

(iii) tests, an
(iv) shi ment an arrival at the ite
the etails escri e in u -Clause 6 10 ecor s of Contractor s
Personnel an ui ment
co ies of ualit assurance ocuments, test results an certificates of
aterials
list of notices given un er u -Clause 2 5 m lo er s Claims an
notices given un er u -Clause 20 1 Contractor s Claims
safet statistics, inclu ing etails of an ha ar ous inci ents an activities
relating to environmental as ects an u lic relations an
com arisons of actual an lanne rogress of all activities, w
with etails
of an events or circumstances which ma jeo ar ise the com letletion in
accor ance with the Contract, an the measures eing or to e a o te
to overcome ela s
nless otherwise state in the ecial Con itions of Contract
L
4.22 Se rit o t e (a) the Contractor shall e res onsi le for kee ing unauthorise e
ersons off
Site the ite, an
(b) authorise ersons shall e limite to the Contractor s Personn
Personnel an the
m lo er s Personnel an to an other ersonnel notifie to the
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Contractor, the m lo er or the ngineer, as authorise ers ersonnel of
the m lo er s other contractors on the ite
4.23Co tra tor The Contractor shall confine his o erations to the ite, an to an a itional
Operatio o Site areaswhich ma e o taine the Contractor an agree the ngineer as
working areas The Contractor shall take all necessar recauti
recautions to kee
Contractor s ui ment an Contractor s Personnel within the iite an these
a itional areas, an to kee them off a jacent lan
During the execution of the orks, the Contractor shall kee th
the ite free from
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all unnecessar o struction, an shall store or is ose of an Contractor s

ui ment or sur lus materials The Contractor shall clear awa an remove
from the ite an wreckage, ru ish an Tem orar orks which are no longer
re uire
on the issue of a Taking- ver Certificate, the Contractor shall
sha clear awa
an remove, from that art of the ite an orks to which the Taking- ver
Certificate refers, all Contractor s ui ment, sur lus material, wreckage,
ru ish an Tem orar orks The Contractor shall leave that art of the ite
an the orks in a clean an safe con ition owever, the Contractor ma
retain on ite, uring the Defects Notification Perio , such oo s as are
re uire for the Contractor to fulfill o ligations un er the Contract
4.24 Fo i All fossils, coins, articles of value or anti uit , an structures an other remains
or items of geological or archaeological interest foun on the ite shall e
lace un er the care an authorit of the m lo er The Contractor shall take
reasona le recautions to revent Contractor s Personnel or other ersons
from removing or amaging an of these fin ings
The Contractor shall, u on iscover of an such fin ing, rom tl give notice
to the ngineer, who shall issue instructions for ealing with it f the Contractor
suffers ela an or incurs Cost from com l ing with the instructions, the
Contractor shall give a further notice to the ngineer an shall e entitle
su ject to u -Clause 20 1 Contractor s Claims to
(a) an extension of time for an such ela , if com letion is or will e
(b) a ment of an such Cost, which shall e inclu e in the Contract Price
5. No i ated S o tra tor
5.1 De i itio o In the Contract, “nominated Subcontractor” means a Subcontracto

Subcontractor:
o i ated
S o tra tor (a) who is stated in the Contract as being a nominated Subcontracto
Subcontractor, or
(b) whom the Engineer, under Clause 13 Variations and Adjustments ,
instructs the Contractor to employ as a Subcontractor.
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5.2 O e tio to no
The Contractor shall not e un er an o ligation to em lo a nominate
No i atio j
u contractor against whom the Contractor raises reasona le o jection
notice to the ngineer as soon as ractica le, with su orting articulars An
o jection shall e eeme reasona le if it arises from among other
o things an
of the following matters, unless the m lo er agrees to in emnif emni the
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Contractor against an from the conse uences of the matter
(a) there are reasons to elieve that the u contractor oes not ha
have
sufficient com etence, resources or financial strength
(b) the su contract oes not s ecif that the nominate u contract
contractor shall
in emnif the Contractor against an from an negligence or mis
misuse of
oo s the nominate u contractor, his agents an em lo ees or
(c) the su contract oes not s ecif that, for the su contracte work
wo
inclu ing esign, if an , the nominate u contractor shall
(i) un ertake to the Contractor such o ligations an lia ilities a
as will
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ena le the Contractor to ischarge his o ligations an lia ilities

un er the Contract, an
(ii) in emnif the Contractor against an from all o ligations an
lia ilities arising un er or in connection with the Contract an from
the conse uences of an failure the u contractor to erform
these o ligations or to fulfil these lia ilities
5.3 Pa e t to The Contractor shall a to the nominate u contractor the amounts which
o i ated the ngineer certifies to e ue in accor ance with the su contract These
S o tra tor amounts lus other charges shall e inclu e in the Contract Price in
accor ance with su - aragra h of u -Clause 13 5 Provisional ums ,
exce t as state in u -Clause 5 vi ence of Pa ments
5.4 E ide e o Before issuing a Pa ment Certificate which inclu es an amount a a le to a

Pa e t nominate u contractor, the ngineer ma re uest the Contractor to su l
reasona le evi ence that the nominate u contractor has receive ithin 7
a s of recei t of revious a ment the contractor all amounts ue in
accor ance with revious Pa ment Certificates, less a lica le e uctions for
retention or otherwise nless the Contractor

(a) su mits this reasona le evi ence to the ngineer, or

(b)
i satisfies the ngineer in writing that the Contractor is reasona l
entitle to withhol or refuse to a these amounts, an
ii su mits to the ngineer reasona le evi ence that the nominate
u contractor has een notifie of the Contractor s entitlement,
then the m lo er ma at his sole iscretion a , irect to the nominate
u contractor, art or all of such amounts reviousl certifie less a lica le
e uctions as are ue to the nominate u contractor an for which the
Contractor has faile to su mit the evi ence escri e in su - aragra hs a
or a ove The Contractor shall then re a , to the m lo er, the amount
which the nominate u contractor was irectl ai the m llo er
6. Sta a d La o r
6.1 E a e e to xce t as otherwise state in the ecification, the Contractor shall make
Sta a d La o r arrangements for the engagement of all staff an la our, local or otherwise,
an for their a ment, housing, fee ing an trans ort
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rea
The Contractor is encourage , to the extent ractica le an reasona le, to
em lo staff an la or with a ro riate ualifications an ex e erience from
sources within the Countr
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6.2 Rate o Wa e The Contractor shall a rates of wages, an o serve con itions of la our,
a d Co ditio which are not lower than those esta lishe for the tra e or in ustr where the
o La o r work is carrie out f no esta lishe rates or con itions are a lica le, the
Contractor shall a rates of wages an o serve con itions which
whic are not lower
than the general level of wages an con itions o serve locall em lo ers
whose tra e or in ustr is similar to that of the Contractor
f the m lo er is o lige to rovi e amenities or arrange a m ment of wages to
contract la our em lo e the contractor either irectl or through su
art the contractor
contractor un er the contract on account of failures on the ar
to rovi e the amenities an or arrange a ment of wages to the contract
la our as re uire of him un er the rovision of the sai act rules ma e there
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un er, the ngineer m lo er shall e at li ert without reju ice to the rights
of ngineer m lo er un er ection 20 2 an 21 contract la our
of the contr
egulation an A olition Act 1970 to recover the whole or ar art of the
ex en iture so incurre on the wages so ai the
ngineer m lo er ailwa from the securit e osit an or from an sum or
sums ue to the contractor whether un er this contract or an other contract
The Contractor shall inform the Contractor s Personnel a out their lia ilit to
a ersonal income taxes in the Countr in res ect of such of their salaries,
wages, allowances, an an enefits as are su ject to taxes un er the aws of
the Countr for the time eing in force, an the Contractor shall erform such
uties in regar to such e uctions thereof as ma e im ose on him such
aws
The Contractor shall kee the m lo er in emnifie in case an action is taken

against the m lo er the com etent authorit on account of contravention
of an of the rovisions of an Act or rules ma e there-un er, regulation or
notifications inclu ing amen ment f the m lo er is cause to a or

reim urse, such amounts as ma e necessar to cause or o serve, or for

non-o servance of the rovisions sti ulate in the notifications e
laws Acts ules regulations inclu ing amen ments, if an , on the art of the
Contractor, the ngineer m lo er shall have the right to e uct an mone
ue to the contractor inclu ing his amount of erformance securit The
m lo er ngineer shall also have right to recover from the Contractor an
sum re uire or estimate to e re uire for making goo the loss or amage
suffere the m lo er
The em lo ees of the Contractor an the u -Contractor in no case shall e
treate as the em lo ees of the m lo er at an oint of time
The Contractor shall ul com l with the rovisions of the A rentices Act
1961 of 1961 , the rules ma e there un er an the or ers that ma e
issue from time to time un er the sai Act an the sai ules an on his
failure or neglect to o so he shall e su ject to all lia ilit
ilities rovi e the sai
Act an sai ules
The Contractor an his u Contractors shall com l with all a lica le
a our aws, an shoul not em lo Chil a our for constructio
construction an
maintenance activities The Contractor shall rovi e a ro riat
riate facilities for
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chil ren in Construction Cam sites
The Contractors shall not ifferentiate wages etween men an w
women for
work of e ual value
6.3 Per o i t e The Contractor shall not recruit, or attem t to recruit, staff an la our from
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Ser i e o amongst ersons in the service of the m lo er or the ngineer
E p o er
6.4 La o r Law T e Co tra tor a o p wit a t e re e a t a o r Law a app i a e

to t e Co tra tor Per o e , i di Law re ati to t eir
e p o e t, ea t , a et , we are, i i ratio , a d e i ratio , a d
a a ow t e a t eir e a ri t . The contractor an his su -contractors
shall e res onsi le to ensure at his own cost, com liance to a all laws, e-
laws, rules an regulations for the time eing in force ertain ertaining to the
em lo ment of local or im orte la our an shall take all neces necessar
recautions to ensure an reserve the health an safet of all staff em lo e
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irectl or through su -contractors or ett contractors on the works, which

limite to the same
shall inclu e all the acts liste in A en ix 1 ut not limit
The Contractor shall re uire his em lo ees to o e all a lica le aws,
inclu ing those concerning safet at work
During continuance of the Contract, the Contractor an his u -Contractors
shall a i e at all times all existing la our enactments an rules ma e
thereun er, regulations, notifications an e laws of the tate or Central
government or local authorit an an other la our laws inclu ing rules ,
regulations, e laws that ma e asse or notification that ma e issue
un er an la our law in future either the tate or the Central overnment or
the local authorit alient features of some of the major la our laws that are
a lica le to construction in ustr are given in A en ix 1 to these Con itions
of Contract
6.5 Wor i Ho r No work shall e carrie out on the ite on locall recognise a s of rest, or
outsi e the normal working hours state in the Contract Data, unless
(a) otherwise state in the Contract,
(b) the ngineer gives consent, or
(c) the work is unavoi a le, or necessar for the rotection of life or ro ert
or for the safet of the orks, in which case the Contractor shall
imme iatel a vise the ngineer
6.6 Fa i itie or xce t as otherwise state in the ecification, the Contractor shall rovi e
Sta a d La o r an maintain all necessar accommo ation an welfare facilities for the
Contractor s Personnel The Contractor shall also rovi e facilities for the
m lo er s Personnel as state in the ecification
The Contractor shall not ermit an of the Contractor s Personnel to maintain
an tem orar or ermanent living uarters within the structures forming art of
the Permanent orks
6.7 Hea t a d The Contractor shall at all times take all reasona le recautions to maintain the
Sa et health an safet of the Contractor s Personnel n colla orati oration with local
health authorities, the Contractor shall ensure that me ical st staff, first ai
facilities, sick a an a stan ing arrangement for am ulance service s are
availa le at a hone call at all times at the ite an at an accommo
a ation for
Contractor s an m lo er s Personnel, an that suita le arrang
arrangements are
ma e for all necessar welfare an h giene re uirements an for the
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revention of e i emics
n the event of an out reak of illness of an e i emic nature, the Contractor
shall com l with an carr out such regulations, or ers an re uirements as
ma e ma e the overnment or the local me ical or sanitar authorities,
for the ur ose of ealing with an overcoming the same The Co Contractor shall
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a oint an acci ent revention officer at the ite, res onsi le for maintaining
safet an rotection against acci ents This erson shall e ualifie for this
res onsi ilit , an shall have the authorit to issue instructi
instructions an take
rotective measures to revent acci ents Throughout the execution
execut of the
orks, the Contractor shall rovi e whatever is re uire thi
this erson to
exercise this res onsi ilit an authorit
The Contractor shall sen , to the ngineer, etails of an acci ent as soon as
ractica le after its occurrence
-A D Prevention The Contractor shall con uct an --A D awareness
rogramme via an a rove service rovi er, an shall un ertake such other
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measures as are s ecifie in this Contract to re uce the risk of

o the transfer of
the virus etween an among the Contractor s Personnel an the local
communit , to romote earl iagnosis an to assist affecte in ivi uals
i emics
n the event of an out reak of illness of an e i emic nature, the Contractor
shall com l with an carr out such regulations, or ers an re uirements as
ma e ma e the overnment or the local me ical or sanitar authorities,
for the ur ose of ealing with an overcoming the same
ecor s of afet an ealth

The Contractor shall maintain such recor s an make such re orts concerning
safet , health an welfare of ersons an amage to ro ert as the ngineer
ma from time to time rescri e
u mission of eturns
The contractor shall e res onsi le for timel su mission of all returns an
statements to the concerne authorities in full com liance of all rules, e-laws

an regulations for the time eing in force

The Contractor shall throughout the contract inclu ing the Defects Notification
Perio i con uct nformation, ucation an Consultation Communication
C cam aigns, at least ever other month, a resse to all the ite staff an
la or inclu ing all the Contractor s em lo ees, all u -Contractors an
Consultants em lo ees, an all truck rivers an crew making eliveries to
ite for construction activities an to the imme iate local communities,
concerning the risks, angers an im act, an a ro riate avoi ance ehavior
with res ect to of exuall Transmitte Diseases TD or exuall
Transmitte nfections T in general an A D in articular ii rovi e
male or female con oms for all ite staff an la or as a ro riate an iii
rovi e for T an A D screening, iagnosis, counseling an referral to
a e icate national T an AD rogram, unless otherwise agree of
all ite staff an la or
The Contractor shall inclu e in the rogram to e su mitte for the execution of
the orks un er u -Clause 8 3 an alleviation rogram for ite staff an
la our an their families in res ect of exuall Transmitte n
nfections T an
exuall Transmitte Diseases TD inclu ing A D The T , TD an
A D alleviation rogram shall in icate when, how an at wh what cost the
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Contractor lans to satisf the re uirements of this u -Clause an the relate
s ecification For each com onent, the rogram shall etail th the resources to
e rovi e or utili e an an relate su -contracting ro ose The rogram
shall also inclu e rovision of a etaile cost estimate with s su orting
ocumentation Pa ment to the Contractor for re aration an im lementation
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this rogram shall not excee the Provisional um e icate for this ur ose
6.8Co tra tor Throughout the execution of the orks, an as long thereafter a as is necessar
S peri te de e to fulfil the Contractor s o ligations, the Contractor shall rrovi e all necessar
su erinten ence to lan, arrange, irect, manage, ins ect an test t the work
u erinten ence shall e given a sufficient num er of erson
ersons having
a e uate knowle ge of the language for communications efine in u -
Clause 1 aw an anguage an of the o erations to e carrcarrie out
inclu ing the metho s an techni ues re uire , the ha ar s likel to e
satisfactor an
encountere an metho s of reventing acci ents , for the satis
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safe execution of the orks
The Contractor shall em lo the ke ersonnel name in the che ule of

Personnel as referre to in the Contract Data to carr out the functions state
in the che ule or other ersonnel a rove the ngineer T The ngineer
will a rove an ro ose re lacement of ke ersonnel onl if their
ualifications, a ilities an relevant ex erience are su stantiall e ual to or
etter than those of the ersonnel liste in the che ule
The Contractor shall not em lo an retire government a ette officer, who
has either not com lete one ear after the ate of retirement, or has not
o taine ermission to em lo ment with the Contractor
6.9Co tra tor The Contractor s Personnel shall e a ro riatel ualifie , skille an
Per o e ex erience intheir res ective tra es or occu ations The ngineer ma
re uire the Contractor to remove or cause to e remove an erson
em lo e on the ite or orks, inclu ing the Contractor s e resentative if
a lica le, who
(a) ersists in an miscon uct or lack of care,

(b) carries out uties incom etentl or negligentl ,

(c) fails to conform with an rovisions of the Contract, or
(d) ersists in an con uct which is reju icial to safet , health, or the
rotection of the environment
f the ngineer asks the Contractor to remove a erson who is a mem er of the
Contractor s staff or his work force stating the reasons, the Contractor shall ensure
that the erson leaves the ite within seven 7 a s an has no further connection
with the work in the Contract The re lacement erson shall e a ointe within
fourteen 1 a s of the notification the ngineer
A reasona le ro ortion of the Contractor s u erinten ing taff shall have a
working knowle ge of the nglish language or the Contractor shall have
availa le on site at all times a sufficient num er of com etent inter reters to
ensure the ro er transmission of instructions an information f a ro riate,
the Contractor shall then a oint or cause to e a ointe a suita le
re lacement erson
6.10 Re ord o The Contractor shall su mit, to the ngineer, etails showing tthe num er of
Co tra tor each class of Contractor s Personnel an of each t e of Contra Contractor s
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Per o e a d ui ment on the ite Details shall e su mitte each calen ar month, in a
E ip e t
form a rove the ngineer, until the Contractor has com let
lete all work
which is known to e outstan ing at the com letion ate state in the Taking-
ver Certificate for the orks
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6.11 Di order recautio to revent an
The Contractor shall at all times take all reasona le recautions
Co d t unlawful, riotous or isor erl con uct or amongst the Contractor s
Personnel, an to reserve eace an rotection of ersons an ro ert on
an near the ite
6.12 Forei The Contractor ma ring in to the countr an foreign ersonnel

ersonne who are
Per o e necessar for the execution of the orks to the extent allowe the
a lica le aws The Contractor shall ensure that these ersonn ersonnel are
rovi e with the re uire resi ence en visas an work ermits The m lo er
will,without an financial lia ilit , if re ueste the Contractor,
Contr use his est
en eavours in a timel an ex e itious manner to assist the Contractor Con in
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o taining an local, state, national, or government ermission re uire for

ringing in the Contractor s ersonnel
The Contractor shall e res onsi le for the return of these ersonnel
er to the
lace where the were recruite
recruit or to their omicile n the event of the eath in
the Countr of an of these ersonnel or mem ers of their families, famil the
Contractor shall similarl e res onsi le for making the a ro riate
arrangements for their return or urial Contractor shall also e res onsi le for
an legal lia ilities uring their sta
6.13 S pp o The Contractor shall arrange for the rovision of a sufficient su l of suita le
Food t foo as ma e state in the ecification at reasona le rices for the
Contractor s Personnel for the ur oses of or in connection with the Contract
6.14 S pp o Water The Contractor shall, having regar to local con itions, rovi e on the ite an
a e uate su l of rinking an other water for the use of the Contractor s
Personnel
6.15 Mea re The Contractor shall at all times take the necessar recautions to rotect the
a ai tI e t Contractor s Personnel em lo e on the ite from insect an est nuisance,
a d Pe t an to re uce their anger to health The Contractor shall com l with all the
N i a e regulations of the local health authorities, inclu ing use of a ro riate
insectici e
The Contractor shall rovi e his staff an la our with suita le ro h lactics for
the revention of malaria, an take ste s to revent the formation of stagnant
ools of water e shall com l with all the regulations of the local health
authorities in these res ects an shall in articular arrange to s ra thoroughl
with a rove insectici es all uil ings erecte on the site such treatment shall
e carrie out at least once a ear or as instructe the ngineer The
Contractor shall warn his staff an la our of the angers of iseases like
alaria, Filaria an other contagious iseases etc an also cor ions,
nakes, il animals etc an reventive actions re uire to e taken the
la our an staff
6.16 A o o i Li or The Contractor shall not, otherwise than in accor ance with the aws of the
or Dr Countr , im ort, sell, give arter or otherwise is ose of an alcoholic li uor or
rugs, or ermit or allow im or ortation,
tation, sale, gift arter or is osal thereto
Contractor s Personnel
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6.17 Ar a d The Contractor shall not give, arter, or otherwise is ose of, to an erson,
A itio an arms or ammunition of an kin , or allow Contractor s Personnel to o so
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6.18 Fe ti a a d The Contractor shall res ect the Countr s recogni e festivals,
festivals a s of rest
Re i io an religious or other customs
C to
6.19 F era Arra e- The Contractor shall e res onsi le, to the extent re uire local regulations,
e t for making an funeral arrangements for an of his local em lo ees who ma
ie while engage u on the orks
6.20 Pro i itio o The contractor shall not em lo force or com ulsor la our iin an form
For ed or Force or com ulsor la our consists of all work or service, not voluntaril
Co p or La o r erforme , that is extracte from an in ivi ual un er threat of force or enalt
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6.21 Pro i itio o The Contractor shall not em lo an chil to erform an work that is
Har C id economicall ex loitative, or is likel to e ha ar ous to, or to interfere with, the
La o r chil s e ucation, or to e harmful to the chil s health or h sical, mental,
s iritual, moral, or social evelo ment
6.22 E p o e t The Contractor shall keep complete and accurate records of the employment of
Re ord o labour at the Site. The records shall include the names, ages, genders, hours
Wor er
worked and wages paid to all workers. These records shall be summarized on a
monthly basis and shall be available for inspection by the Engineer during
normal working hours. These records shall be included in the details to be
submitted by the Contractor under Sub-Clause 6.10 Records of Contractor’s
Personnel and Equipment .
(i) In addition to the above, the Contractor shall register his firm/company etc.
on website www.shramikkalyan.indianrailways.gov.in’ and upload requisite
details of labour and their payment in this portal. These details shall be
available in public domain. The Registration/ updation on Portal shall be
done as under:
(a) Contractor shall apply for onetime registration of his company/firm
etc. in the Shramikkalyan portal with requisite details subsequent to
issue of Letter of Acceptance. Employer/Engineer shall approve the
contractor’s registration in the portal within 7 days of receipt of such
request.
(b) Contractor once approved by any Employer/Engineer, can create
password with login ID (PAN No.) for subsequent use of portal for all
LoAs issued in his favour.
(c) The contractor once registered on the portal, shall provide details of his
Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan
shramikkal
portal within 15 days of issue of any LoA for approval of concerned
conce
Employer/Engineer. Employer/Engineer shall update (if required) and
approve the details of LoA filled by contractor within 7 days of receipt
of such request.
(d) After approval of LoA by Employer/Engineer, contractor shall fill fi the
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salient details of contract labours engaged in the contract and ensure
updating of each wage payment to them on shramikkalyan portal oon
monthly basis.
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(e) It shall be mandatory upon the contractor to ensure correct and prompt
uploading of all salient details of engaged contractual labour &
payments made thereof after each wage period.
(ii) Certificate’ or Final

hile processing payment of any Interim Payment Certifica
Payment Certificate’ or release of Advances’ or Performance Guarantee /
Security deposit’, contractor shall submit a certificate to the Engineer or
Engineer’s representatives that “I have uploaded the correct details
de of
contract labours engaged in connection with this contract and payments
p
made to them during the wage period in Railway’s Shramikkalyan portal at
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www.shramikkalyan.indianrailways.gov.in’ till Month, ear.”
7. P a t, Materia a d Wor a ip
7.1 Ma er o The Contractor shall carr out the manufacture of Plant, the rro uction
E e tio an manufacture of aterials, an all other execution of the orks
(a) in the manner if an s ecifie in the Contract,
(b) in a ro er workmanlike an careful manner, in accor ance with
recognise goo ractice, an
(c) with ro erl e ui e facilities an non-ha ar ous aterials, exce t as
otherwise s ecifie in the Contract
7.2 Sa p e The Contractor shall su mit the following sam les of aterials, an relevant
information, to the ngineer for consent rior to using the aterials in or for the
orks
(a) manufacturer s stan ar sam les of aterials an sam les s ecifie in
the Contract, all at the Contractor s cost, an

(b) a itional sam les instructe the ngineer as a ariation

ach sam le shall e la elle as to origin an inten e use in the orks
7.3 I pe tio The m lo er s Personnel shall at all reasona le times

(a) have full access to all arts of the ite an to all laces from which
natural aterials are eing o taine , an
(b) uring ro uction, manufacture an construction at the ite an
elsewhere , e entitle to examine, ins ect, measure an test the
materials an workmanshi , an to check the rogress of manufacture of
Plant an ro uction an manufacture of aterials
The Contractor shall give the m lo er s Personnel full o ortunit to carr out
these activities, inclu ing rovi ing access, facilities, ermissions
ermi an safet
e ui ment No such activit shall relieve the Contractor from ana o ligation or
res onsi ilit
The Contractor shall give notice to the ngineer whenever an w work is rea
an efore it is covere u , ut out of sight, or ackage for storage or
examina
trans ort The ngineer shall then either carr out the examination, ins ection,
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measurement or testing without unreasona le ela , or rom tl give notice to
the Contractor that the ngineer oes not re uire to o so f the Contractor
fails to give the notice, he shall, if an when re uire the ngineer, uncover
Con
the work an thereafter reinstate an make goo , all at the Contractor s cost
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7.4 Te ti This u -Clause shall a l to all tests s ecifie in the Contract, other than the
Tests after Com letion if an
The Contractor shall rovi e all a aratus, assistance, ocuments
ocumen an other
instrum
information, electricit , e ui ment, fuel, consuma les, instruments, la our,
materials, an suita l ualifie an ex erience staff, as are necessar to
carr out the s ecifie tests efficientl The Contractor shall agree, with the
ngineer, the time an P
lace for the s ecifie testing of an Plant, aterials
an other arts of the orks
The ngineer ma , un er Clause 13 ariations an A justments , var the
Contractor to carr out
location or etails of s ecifie tests, or instruct the Contrac
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a itional tests f these varie or a itional tests show that the teste Plant,
Contract, the cost of
aterials or workmanshi is not in accor ance with the Contract
carr ing out this ariation shall e orne notwithstan ing
the Contractor, n
other rovisions of the Contract
The ngineer shall give the Contractor not less than 2 hours notice of the
ngineer s intention to atten the tests f the ngineer oes not atten at the
time an lace agree , the Contractor ma rocee with the tests, unless
otherwise instructe the ngineer, an the tests shall then e eeme to
have een ma e in the ngineer s resence
f the Contractor suffers ela an or incurs Cost from com l ing with these
instructions or as a result of a ela for which the m lo er is res onsi le, the
Contractor shall give notice to the ngineer an shall e entitle su ject to
u -Clause 20 1 Contractor s Claims to
(b) a ment of an such Cost , which shall e inclu e in the Contract Price


The Contractor shall rom tl forwar to the ngineer ul certifie re orts of
the tests hen the s ecifie tests have een asse , the ngineer shall
en orse the Contractor s test certificate, or issue a certificate to him, to that
effect f the ngineer has not atten e the tests, he shall e eeme to have
acce te the rea ings as accurate
7.5 Re e tio f, as a result of an examination, ins ection, measurement or testing, an Plant,

aterials or workmanshi is foun to e efective or otherwise not in
accor ance with the Contract, the ngineer ma reject the Plant, aterials or
workmanshi giving notice to the Contractor, with reasons The Contractor
shall then rom tl make goo the efect an ensure that the rejecte item
com lies with the Contract
f the ngineer re uires this Plant, aterials or workmanshi to e reteste , the
tests shall e re eate un er the same terms an con itions f the rejection
an retesting cause the m lo er to incur a itional costs, the Contractor shall
su ject to u -Clause 2 5 m lo er s Claims a these costs tto the
m lo er
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7.6 Re edia Wor Notwithstan ing an revious test or certification, the nginee
ngineer ma instruct the
Contractor to
(a) remove from the ite an re lace an Plant or aterials which iis not in
accor ance with the Contract,
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(b) remove an re-execute an other work which is not in accor ance with
the Contract, an
(c) execute an work which is urgentl re uire for the safet of tthe orks,
whether ecause of an acci ent, unforeseea le event or otherwis
otherwise
reaso
The Contractor shall com l with the instruction within a reasona le time,
which shall e the time if an s ecifie in the instruction, or imme iatel if
urgenc is s ecifie un er su - aragra h c
f the Contractor fails to com l with the instruction, the m lo er shall e
entitle to em lo an a other ersons to carr out the work xce t to the
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extent that the Contractor woul have een entitle to a ment for the work,
the Contractor shall su ject to u -Clause 2 5 m lo er s Claims
Clai a to the
m lo er all costs arising
ari from this failure
7.7 Ow er ip o ach item of Plant an aterials shall, to the extent consistent

consisten with the aws of
Pa t a d the Countr , ecome the ro ert of the m lo er at whichever iis the earlier of
Materia the following times, free from liens an other encum rances
(a) when it is elivere to the ite
(b) when the Contractor is entitle to a ment of the value of the Plant an
aterials un er u -Clause 8 10 Pa ment for Plant an aterials in
vent of us ension
7.8 Ro a tie nless otherwise state in the ecification, the Contractor shall a all
ro alties, rents an other a ments for
(a) natural aterials o taine from outsi e the ite, an
(b) the is osal of material from emolitions an excavations an of other
sur lus material whether natural or man-ma e , exce t to the extent that
is osal areas within the ite are s ecifie in the Contract

8. Co e e e t, De a a dS pe io
8.1 Co e e e to The ngineer shall give the Contractor not less than 7 a s notice of the
Wor Commencement Date nless otherwise state in the ecial Con itions of
Contract, the Commencement Date shall e within the num er of a s after
the Contractor receives the etter of Acce tance as s ecifie in Contract Data
The Contractor shall commence the execution of the orks as soon as is
reasona l ractica le after the Commencement Date, an shall then rocee
with the orks with ue ex e ition an without ela
8.2 Ti e or The Contractor shall com lete the whole of the orks, an each ection if
Co p etio an , within the Time for Com letion for the orks or ection as the case ma
e , inclu ing
a achieving the assing of the Tests on Com letion, an
com leting all work which is state in the Contract as eing re uire for
whole of the orks or ection s to e consi ere to e com let lete for the
ur oses of taking-over un er u -Clause 10 1 Taking ver of tthe
orks an ections
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c The ate of com letion for works escri e in this su -clau
-clause, shall e the
earliest of the following
i The ate C recommen s o ening of the ection s for u llic
carriage of assengers to Central overnment, for s ee s of not
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less than 75 of the esigne o erating s ee s or,
ii The ate C authorises the ailwa A ministration for o e
ening of
ection s , su ject to sanction of the Central overnment for
s ee s of not less than 75 of the esigne o erating s ee s, or,
o
iii The ate C authori es sanctions o eningof wi
ection s without
ins ection
8.3 Pro ra e The Contractor shall su mit a etaile time rogramme to the ngineer within
28 a s after receiving the notice un er u -Clause 8 1 [Commencement of
Works]. The rogram shall inclu e the h sical an Financial Progress vis- -
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vis rogram an forecast cash flow a o ting Project anagement oftware

Primavera ure Track Project or as mutuall agree The rorogram must
i entif the milestones, interface re uirements an rogram re orting
elements The Contractor shall su l , free of cost one set of authori e
software to the ngineer an the soft co of structure rogram
rogra for the
roject This shall e u ate ever month The Contractor shall also su mit a
revise rogramme whenever the revious rogramme is inconsistent with
actual rogress or with the Contractor s o ligations ach rogramme shall
inclu e
(a) the or er in which the Contractor inten s to carr out the orks, inclu ing
the antici ate timing of each stage of esign if an , Contractor s
Documents, rocurement, manufacture of Plant, eliver to ite,
construction, erection an testing,
(b) each of these stages for work each nominate u contractor as
efine in Clause 5 Nominate u contractors ,
(c) the se uence an timing of ins ections an tests s ecifie in the
Contract, an

(d) a su orting re ort which inclu es

(i) a general escri tion of the metho s which the Contractor inten s to
a o t, an of the major stages, in the execution of the orks, an
(ii) etails showing the Contractor s reasona le estimate of the num er
of each class of Contractor s Personnel an of each t e of
Contractor s ui ment, re uire on the ite for each major stage
nless the ngineer, within 21 a s after receiving a rogramme, gives notice
to the Contractor stating the extent to which it oes not com l with the
Contract, the Contractor shall rocee in accor ance with the rogramme,
su ject to his other o ligations un er the Contract The m lo er s Personnel
shall e entitle to rel u on the rogramme when lanning their activities
The Contractor shall rom tl give notice to the ngineer of s ecific ro a le
future events or circumstances which ma a versel affect the w work, increase
the Contract Price or ela the execution of the orks The ng ngineer ma
re uire the Contractor to su mit an estimate of the antici ate effect of the
future event or circumstances, an or a ro osal un er u -Clau -Clause 13 3
ariation Proce ure
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f, at an time, the ngineer gives notice to the Contractor th
that a rogramme
fails to the extent state to com l with the Contract or to e consistent with
actual rogress an the Contractor s state intentions, the Con Contractor shall
su mit a revise rogramme to the ngineer within 15 a s in ac accor ance with
this u -Clause
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8.4 E te io o Ti e The Contractor shall e entitle su ject to u -Clause 20 1 Contractor
Co s
or Co p etio th extent that
Claims to an extension of the Time for Com letion if an to the
com letion for the ur oses of u -Clause 10 1 Taking- ver of the orks an
ections is or will e ela e an of the following causes
(a) a ariation unless an a justment to the Time for Com letion ha has een
agree un er u -Clause 13 3 aria ariation Proce ure or other su stantial
change in the uantit of an item of work inclu e in the Contract,
(b) a cause of ela giving an entitlement to extension of time un er a u -
Clause of these Con itions,
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(c) exce tionall a verse climatic con itions,

(d) nforeseea le shortages in the availa ilit of ersonnel or oo s cause
e i emic or governmental actions, or
(e) an ela , im e iment or revention cause or attri uta le to the
m lo er, the m lo er s Personnel, or the m lo er s other contractors
f the Contractor consi ers himself to e entitle to an extension of the Time for
Com letion, the Contractor shall give notice to the ngineer in accor ance with
u -Clause 20 1 Contractor s Claims hen etermining each extension of
time un er u -Clause 20 1, the ngineer shall review revious eterminations
an ma increase, ut shall not ecrease, the total extension of time
8.5 De a Ca ed f the following con itions a l , namel

A t oritie
(a) the Contractor has iligentl followe the roce ures lai own the
relevant legall constitute u lic authorities in the Countr ,
(b) these authorities ela or isru t the Contractor s work, an
(c) the ela or isru tion was nforeseea le,
Section 6 –General Conditions of Contract Page of 108

then this ela or isru tion will e consi ere as a cause of ela un er su -
aragra h of u -Clause 8 xtension of Time for Com letion
8.6 Rate o Pro re f, at an time

(a) actual rogress is too slow to com lete within the Time for Com letion, an or
(b) rogress has fallen or will fall ehin the current rogramme un er u -Clause
8 3 Programme ,
other than as a result of a cause liste in u -Clause 8 xtension of Time for
Com letion , then the ngineer ma instruct the Contractor to su mit, un er
u -Clause 8 3 Programme , a revise rogramme an su orting re ort
escri ing the revise metho s which the Contractor ro oses to a o t in
or er to ex e ite rogress an com lete within the Time for Com letion
nless the ngineer notifies otherwise, the Contractor shall a o t these
hou an or in
revise metho s, which ma re uire increases in the working hours
the num ers of Contractor s Personnel an or oo s, at the risk an cost of
the Contractor f these revise metho s cause the m lo er to incur a itional
costs, the Contractor shall su ject to u -Clause 2 5 m lo er s Claims a
these costs to the m lo er, in a ition to ela amages if ana un er u -
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Clause 8 7 elow
8.7 E te io o Ti e f the Contractor fails to com l with u -Clause 8 2 Time for Com letion for
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or Co p etio entire work or for s ecifie section wise com letion erio , an he is not
wit De a entitle to an extension of time un er su clause 8 then the em lo er ma
Da a e Con
grant extension of time with ela amage in such case, the Contractor shall
su ject to u -Clause 2 5 m lo er s Claims a ela amages to the
m lo er for this efault These ela amages shall e the sum state in the
Contract Data, which shall e ai for ever a which shall elael se etween
the relevant Time for Com letion an the ate state in the Taking-
Tak ver
Certificate owever, the total amount ue un er this u -Claus
-Clause shall not
excee the maximum amount of ela amages if an state in the t Contract
Data
Further, if the contractor fails to achieve h sical financial targets as er the
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agree rogramme for a consecutive erio of 3 months without a an vali

reasons, other than attri uta le to the contractor, a rovisional
rovision recover of
ela amages shall e ma e from the next interim a ment certificatecerti
1 10th of the sum of ela amages state in the contract ata, for tthe entire
erio of 3 months furt
uch recover shall continue from the further interim
a ment certificates till the contractor is a le to make goo the shortfall an
achieve the cumulative targets as er agree rogramme n achieving the
cumulative rogress targets as er agree rogramme, the entire amount
recovere till that month, shall e refun e to the contractor in the next interim
a ment certificate n case the contractor is una le to make goo the shortfall
an achieve the cumulative targets resulting in ela in com letion of the
roject, then the rovisional recoveries ma e shall e a juste against the
ela amages to e finall im ose on the contractor
These ela amages shall e the onl amages ue from the Contractor for
such efault, other than in the event of termination un er u -Clause 15 2
Termination m lo er rior to com letion of the orks These amages
shall not relieve the Contractor from his o ligation to com lete the orks, or
from an other uties, o ligations or res onsi ilities which he ma have un er
the Contract

8.8 S pe io o The ngineer ma at an time instruct the Contractor to sus en rogress of

Wor art or all of the orks During such sus ension, the Contractor shall rotect,
store an secure such art or the orks against an eterioration, loss or
amage
The ngineer ma also notif the cause for the sus ension f an to the extent
that the cause is notifie an is the res onsi ilit of the Contractor, the
following u -Clauses 8 9, 8 10 an 8 11 shall not a l
8.9Co e e e o f the Contractor suffers ela an or incurs Cost from com l ing with the
S pe io ngineer s instructions un er u -Clause 8 8 us ension of ork an or
from resuming the work, the Contractor shall give notice to the ngineer an
shall e entitle su ject to u -Clause 20 1 Contractor s Claims to
Contract Price
After receiving this notice, the ngineer shall rocee in accor
acco ance with u -
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The Contractor shall not e entitle to an extension of time for, or to a ment of
the Cost incurre in, making goo the conse uences of the Contr Contractor s fault
esign, workmanshi or materials, or of the Contractor s failure
failur to rotect, store
or secure in accor ance with u -Clause 8 8 us ension of ork
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8.10 Pa e t or P a t The Contractor shall e entitle to a ment of the value as at the ate of
a d Materia i sus ension of Plant an or aterials, if
E e to
S pe io (a) the work on Plant or eliver of Plant an or aterials has ee een
sus en e for more than 28 a s,
(b) the Contractor has marke the Plant an or aterials as the m lo er s
ro ert in accor ance with the ngineer s instructions, an
(c) uch materials or lant is receive at site
8.11 Pro o ed f the sus ension un er u -Clause 8 8 us ension of ork has continue
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S pe io for more than 8 a s, the Contractor ma re uest the ngineer s ermission

to rocee f the ngineer oes not give ermission within 28 a s after eing
re ueste to o so, the Contractor ma , giving notice to the ngineer, treat
the sus ension as an omission un er Clause 13 ariations an A justments
of the affecte art of the orks f the sus ension affects th the whole of the
orks, the Contractor ma give notice of termination un er u -Clause 16 2
Termination Contractor
8.12 Re ptio o After the ermission or instruction to rocee is given, the Contractor an the
Wor ngineer shall jointl examine the orks an the Plant an aterials affecte
the sus ension The Contractor shall make goo an eterioration or efect
in or loss of the orks or Plant or aterials, which has occurre uring the
sus ension
8.13 Bo or ear If the Contractor achieves completion of the whole of the orks or any
o p etio section(s) prior to the intended Completion Date prescribed in Contract data
(Extension of time pursuant to Clause 8.4 or any other clause of these
conditions will not be considered), the Employer shall pay to the Contractor a
sum stated in the Contract data as bonus for early completion, for every
calendar month which shall elapse between the date of completion of all items
of works as stipulated in the contract, including variations ordered by the

Engineer and the time prescribed in Clause 8.2.
For the purpose of calculating bonus payments, the time given in the Bid for
completion of the whole works or any section(s) is fixed and unless otherwise
agreed, no adjustment of the time by reasons of granting an extension of time
pursuant to clause 8.4 or any other clause of these conditions will be allowed.
Any period falling short of completed month shall be ignored for the purpose of
computing the period relevant for the payment of bonus.
9. Te t o Co p etio
9.1Co tra tor The Contractor shall carr out the Tests on Com letion in accor ance with this
O i atio Clause an u -Clause 7 Testing , after rovi ing the ocuments in
accor ance with su - aragra h of u -Clause 1 Contractor s eneral
ligations
The Contractor shall give to the ngineer not less than 21 a s notice of the
ate after which the Contractor will e rea to carr out each of the Tests on
Com letion nless otherwise agree , Tests on Com letion shall e carrie out
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within 1 a s after this ate, on such a or a s as the ngineer shall
instruct
n consi ering the results of the Tests on Com letion, the ngi
ngineer shall make
allowances for the effect of an use of the orks the m lo er on the
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erformance or other characteristics of the orks As soon as tthe orks, or a
ection, have asse an Tests on Com letion, the Contractor shall su mit a
certifie re ort of the results of these Tests to the ngineer
9.2 De a ed Te t f the Tests on Com letion are eing un ul ela e the m lo er, u -
Clause 7 Testing fifth aragra h an or u -Clause 10 3 nterference with
Tests on Com letion shall e a lica le
f the Tests on Com letion are eing un ul ela e the Contractor,
Cont the
ngineer ma notice re uire the Contractor to carr out the Tests within 21
a s after receiving the notice The Contractor shall carr out the Tests on
such a or a s within that erio as the Contractor ma fix a an of which he
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shall give notice to the ngineer

f the Contractor fails to carr out the Tests on Com letion within the erio of
21 a s, the m lo er s Personnel ma rocee with the Tests at the risk an
cost of the Contractor The Tests on Com letion shall then e eeme to have
een carrie out in the resence of the Contractor an the resu
results of the Tests
shall e acce te as accurate
9.3 Rete ti f the orks, or a ection, fail to ass the Tests on Com letion, u -Clause 7 5
ejection shall a l , an the ngineer or the Contractor ma re uire the
faile Tests, an Tests on Com letion on an relate work, to e re eate
un er the same terms an con itions
9.4 Fai re to Pa f the orks, or a ection, fail to ass the Tests on Com letion re eate un er
Te t o u -Clause 9 3 etesting , the ngineer shall e entitle to
Co p etio
(a) or er further re etition of Tests on Com letion un er u -Clause 9 3
(b) if the failure e rives the m lo er of su stantiall the whole enefit of
the orks or ection, reject the orks or ection as the case ma e ,
in which event the m lo er shall have the same reme ies as are
rovi e in su - aragra h c of u -Clause 11 Failure to eme
Defects or
(c) issue a Taking- ver Certificate, if the m lo er so re uests
n the event of su - aragra h c , the Contractor shall rocee in accor ance
with all other o ligations un er the Contract, an the Contract Price shall e
re uce such amount as shall e a ro riate to cover the re uce value to
the m lo er as a result of this failure nless the relevant re uction for this
failure is state or its metho of calculation is efine in the Contract, the
m lo er ma re uire the re uction to e i agree oth Parties in full
satisfaction of this failure onl an ai efore this Taking- ver Certificate is
issue , or ii etermine an ai un er u -Clause 2 5 m lo er s Claims
an u -Clause 3 5 Determinations
9.5 Co tra tor Notwithstan ing the rovisions of su -clauses 1, 9 1 to 9 tthe rovisions in
o i atio su se uent su -clauses shall a l for works of Permanent a , signaling
an telecommunication an railwa electrification exclu ing eneneral lectrical
ervices
a The Contractor shall e res onsi le for the execution of tem or
orar an or
ermanent works which ma re uire the rior sanction a roval o of
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Commissioner of ailwa afet C in accor ance with extant rules for
The ailwa s o ening for Pu lic Carriage of Passengers was a amen e
from time to time An a lica le as an when the works are un ertaken
The Contractor shall initiate the rocess for a roval at least 63 sixt
three a s rior to un ertaking such works which re uire the a roval of
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Commissioner of ailwa afet C ocumentation to
an furnish raft ocument
the ngineer
The Contractor shall ensure that existing services an o eratio
erations for
u lic carriage of assengers or goo s, are not affecte exce t those,
which are essentiall re uire to e regulate for execution of works uch
items of works shall e lanne an coor inate through the ng ngineer
c Prior to the commencement of commercial o erations of assenger traffic
i The Contractor ma have to o erate locomotives, track

machines an an other rolling stock for track tam ing, trial
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runs, etc for which track, signaling or works must com l

with the s ecifications
ii The m lo er ma ermit freight train o erations to ailwa
after certification the authori e erson of onal ailwa
iii The Contractor shall e res onsi le for maintaining the facilities
ensuring safet of o erations un er i ii a ove as er
s ecifications
10. E p o er Ta i O er
10.1 Ta i O er o xce t as state in u -Clause 9 Failure to Pass Tests on Com letion , the
t e Wor a d orks shall e taken over the m lo er ailwa when i the orks have
Se tio een com lete in accor ance with the Contract, inclu ing the matters
escri e in u -Clause 8 2 Time for Com letion an exce t as allowe in
su - aragra h a elow, an ii a Taking- ver Certificate for the orks has
een issue , or is eeme to have een issue in accor ance with this u -
Clause
The Contractor ma a l notice to the ngineer for a Taking- ver
Certificate not earlier than 1 a s efore the orks will, in the Contractor s
o inion, e com lete an rea for taking over f the orks are ivi e into
ections, the Contractor ma similarl a l for a Taking- ver Certificate for
each ection
n case the works are to e taken over in accor ance with su -clause 9 5, the
com lete works shall e taken over the onal ailwa with the roce ure
s ecifie the ngineer
The ngineer shall, within 28 a s after receiving the Contractor s a lication
(a) issue the Taking- ver Certificate to the Contractor, stating the ate on
which the orks or ection were com lete in accor ance with the
Contract, exce t for an minor outstan ing work an efects which will
not su stantiall affect the use of the orks or ection for their inten e
ur ose either until or whilst this work is com lete an thes
these efects
are reme ie or
(b) reject the a lication, giving reasons an s ecif ing the work re uire to
e one the Contractor to ena le the Taking- ver Certificate to e
issue The Contractor shall then com lete this work efore issuing iss a
further notice un er this u -Clause
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f the ngineer fails either to issue the Taking- ver Certifica
Certificate or to reject the
Contractor s a lication within the erio of 28 a s, an if tthe orks or
ection as the case ma e are su stantiall in accor ance wi with the Contract,
the Taking- ver Certificate shall e eeme to have een issue on the last
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a of that erio
10.2 Ta i O er o The ngineer ma , at the sole iscretion of the m lo er, issue a Taking-
Part o t e verCertificate for an art of the Permanent orks
Wor
The m lo er shall not use an art of the orks other than as a tem orar
measure which is either s ecifie in the Contract or agree oth Parties
Certificate for this art
unless an until the ngineer has issue a Taking- ver Certific
owever, if the m lo er oes use an art of the orks efore the Taking-
ver Certificate is issue
(a) the art which is use shall e eeme to have een taken over as from
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the ate on which it is use ,

(b) the Contractor shall cease to e lia le for the care of such a
art as from
this ate, when res onsi ilit shall ass to the m lo er, an
(c) if re ueste the Contractor, the ngineer shall issue a Taki
Taking- ver
Certificate for this art
After the ngineer has issue a Taking- ver Certificate for a art of the orks,
the Contractor shall e given the earliest o ortunit to take such ste s as ma
e necessar to carr out an outstan ing Tests on Com letion The
Contractor shall carr out these Tests on Com letion as soon as ractica le
efore the ex ir ate of the relevant Defects Notification Perio
f the Contractor incurs Cost as a result of the m lo er taking over an or
using a art of the orks, other than such use as is s ecifie in the Contract or
agree the Contractor, the Contractor shall i give notice to the ngineer
an ii e entitle su ject to u -Clause 20 1 Contractor s Claims to a ment
of an such Cost, which shall e inclu e in the Contract Price After receiving
this notice, the ngineer shall rocee in accor ance with u -Clause 3 5
Determinations to agree or etermine this Cost an rofit
f a Taking- ver Certificate has een issue for a art of the orks other than
a ection , the ela amages thereafter for com letion of the remain er of the
orks shall e re uce imilarl , the ela amages for the remain er of the
ection if an in which this art is inclu e shall also e re uce For an
erio of ela after the ate state in this Taking- ver Certificate, the
ro ortional re uction in these ela amages shall e calculate as the
ro ortion which the value of the art so certifie ears to the value of the
orks or ection as the case ma e as a whole The ngineer shall rocee
in accor ance with u -Clause 3 5 Determinations to agree or etermine
these ro ortions The rovisions of this aragra h shall onl a l to the ail
rate of ela amages un er u -Clause 8 7 Dela Damages , an shall not
affect the maximum amount of these amages
10.3 I ter ere e wit f the Contractor is revente , for more than 1 a s, from carr ing out the
Te t o Tests onCom letion o
a cause for which the m lo er ngineer other
Co p etio Contractors of the m lo er,
are res onsi le, the m lo er shall e eeme to have taken ove
over the orks
or ection as the case ma e on the ate when the Tests on Com C letion
woul otherwise have een com lete
The ngineer shall then issue a Taking- ver Certificate accor iingl , an the
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Contractor shall carr out the Tests on Com letion as soon as ractica le,
efore the ex ir ate of the Defects Notification Perio The ngineer shall
re uire the Tests on Com letion to e carrie out giving 1 a s notice an
in accor ance with the relevant rovisions of the Contract
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f the Contractor suffers ela an or incurs Cost as a result of this ela in
carr ing out the Tests on Com letion, the Contractor shall give notice to the
Cont
ngineer an shall e entitle su ject to u -Clause 20 1 Contractor s Claims
to
Contract Price
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10.4 S ra e cert
xce t as otherwise state in a Taking- ver Certificate, a certificate for a
Re iri ection or art of the orks shall not e eeme to certif com letion of an
Rei tate e t groun or other surfaces re uiring reinstatement
11. De e t Lia i it
11.1 Co p etio o n or er that the orks an Contractor s Documents, an each ection, shall
O t ta di Wor e in the con ition re uire the Contract fair wear an tear exce te
a d Re ed i the ex ir ate of the relevant Defects Notification Perio or as soon as
De e t
ractica le thereafter, the Contractor shall
(a) com lete an work which is outstan ing on the ate state in a Taking-
ver Certificate, within such reasona le time as is instructe the
ngineer, an
(b) execute all work re uire to reme efects or amage, as ma e
notifie or on ehalf of the m lo er on or efore the ex ir ate of
the Defects Notification Perio for the orks or ection as the case ma
e
f a efect a ears or amage occurs, the Contractor shall e notifie
accor ingl , or on ehalf of the m lo er
11.2 Co t o All work referre to in su - aragra h of u -Clause 11 1 Com letion of

Re ed i utstan ing ork an eme ing Defects shall e execute at the risk an
De e t cost of the Contractor, if an to the extent that the work is attri uta le to
(a) an esign for which the Contractor is res onsi le,
(b) Plant, aterials or workmanshi not eing in accor ance with the
Contract, or
(c) failure the Contractor to com l with an other o ligation
f an to the extent that such work is attri uta le to an othe
other cause, the
Contractor shall e notifie rom tl or on ehalf of the m lo er, an
u -Clause 13 3 ariation Proce ure shall a l
11.3 E te io o The m lo er shall e entitle su ject to u -Clause 2 5 m lo er s Claims

De e t ork or a ection if
to an extension of the Defects Notification Perio for the orks
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Noti i atio an to the extent that the orks, ection or a major item of Plant
Pl as the case
Period ma e, an after taking over cannot e use for the ur oses for which the
are inten e reason of a efect or amage owever, a Defects
Defect Notification
Perio shall not e exten e more than two ears
f eliver an or erection of Plant an or aterials was sus en e e un er u -
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Clause 8 8 us ension of ork or u -Clause 16 1 Contractor s ntitlement
to us en ork , the Contractor s o ligations un er this Claus
Clause shall not
a l to an efects or amage occurring more than two ears after af the
Defects Notification Perio for the Plant an or aterials woul otherwise have
ex ire
11.4 Fai re to f the Contractor fails to reme an efect or amage within a reasona le
Re ed De e t time, a ate ma e fixe or on ehalf of the m lo er, on or which the
efect or amage is to e reme ie The Contractor shall e givgiven reasona le
notice of this ate
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f the Contractor fails to reme the efect or amage this notifie ate an
Contractor un er u -
this reme ial work was to e execute at the cost of the Contra
Clause 11 2 Cost of eme ing Defects , the m lo er ma at h his o tion
(a) Carr out the work himself or others, in a reasona le manner an at
the Contractor s cost, ut the Contractor shall have no res onsi ilit for
this work an the Contractor shall su ject to u -Clause 2 5 m lo er s
Claims a to the m lo er the costs reasona l incurre the
m lo er in reme ing the efect or amage
(b) re uire the ngineer to agree or etermine a reasona le re uction in the
Contract Price in accor ance with u -Clause 3 5 Determinations or
(c) if the efect or amage e rives the m lo er of su stantiall the whole
enefit of the orks or an major art of the orks, terminate the
Contract as a whole, or in res ect of such major art which cannot e ut
to the inten e use ithout reju ice to an other rights, un er the
Contract or otherwise, the m lo er shall then e entitle to recover all
sums ai for the orks or for such art as the case ma e , lus
financing costs an the cost of ismantling the same, clearing the ite
an returning Plant an aterials to the Contractor

11.5 Re o a o f the efect or amage cannot e reme ie ex e itiousl on the ite an

De e ti e Wor the m lo er gives consent, the Contractor ma remove from the ite for the
ur osesof re air such items of Plant as are efective or amage This
consent ma re uire the Contractor to increase the amount of the Performance
ecurit the full re lacement cost of these items, or to rovi e other
a ro riate securit
11.6 F rt er Te t f the work of reme ing of an efect or amage ma affect the erformance
of the orks, the ngineer ma re uire the re etition of an of the tests
escri e in the Contract The re uirement shall e ma e notice within 28
a s after the efect or amage is reme ie
These tests shall e carrie out in accor ance with the terms a lica le to the
revious tests, exce t that the shall e carrie out at the ri
risk an cost of the
Part lia le, un er u -Clause 11 2 Cost of eme ing Defects , for the cost
of the reme ial work
11.7 Ri to A e ntil the Performance Certificate has een issue , the Contract
Contractor shall have
such right of access to the orks as is reasona l re uire in or er to com l
with this Clause, exce t as ma e inconsistent with the m lo er s reasona le
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securit restrictions
11.8 Co tra tor to The Contractor shall, if re uire the ngineer, search for tthe cause of an
Sear efect, un er the irection of the ngineer nless the efect is to e reme ie
at the cost of the Contractor un er u -Clause 11 2 Cost of e eme ing
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Defects , the Cost of the search shall e agree or etermine the ngineer
in accor ance with u -Clause 3 5 Determinations an shall e inclu e in
the Contract Price
11.9 Per or a e Performance of the Contractor s o ligations shall not e consi ere to have
Certi i ate Ce
een com lete until the m lo er has issue the Performance Certificate to
the Contractor, stating the ate on which the Contractor com lete le his
o ligations un er the Contract
The m lo er shall issue the Performance Certificate within 28 a s after the
latest of the ex ir ates of the Defects Notification Perio s, or as soon
thereafter as the Contractor has su lie all the Contractor s Documents an
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com lete an teste all the orks, inclu ing reme ing an ef efects
nl the Performance Certificate shall e eeme to constitute acce tance of
the orks
11.10 U i ed After the Performance Certificate has een issue , each Part shall remain
O i atio lia le for the fulfilment of an o ligation which remains un erforme at that
time For the ur oses of etermining the nature an extent of un erforme
o ligations, the Contract shall e eeme to remain in force
11.11 C eara e o Site on receiving the Performance Certificate, the Contractor shall remove an
remaining Contractor s ui ment, sur lus material, wreckage, ru ish an
Tem orar orks from the ite
f all these items have not een remove within 28 a s after the m lo er
receives a co of the Performance Certificate, the m lo er ma sell or
otherwise is ose of an remaining items The m lo er shall e entitle to e
ai the costs incurre in connection with, or attri uta le to, such sale or
is osal an restoring the ite
An alance of the mone s from the sale shall e ai to the Contractor f

these mone s are less than the m lo er s costs, the Contractor shall a the
outstan ing alance to the m lo er
12. Mea re e t a d E a atio
12.1 Wor to e The orks shall e measure , an value for a ment, in accor ance with
Mea red this Clause
henever the ngineer re uires an art of the orks to e measure ,
reasona le notice shall e given to the Contractor s e resentative, who
shall
(a) rom tl either atten or sen another ualifie re resentative to assist
the ngineer in making the measurement, an
(b) su l an articulars re ueste the ngineer
f the Contractor fails to atten or sen a re resentative, the measurement
ma e or on ehalf of the ngineer shall e acce te as accurate
xce t as otherwise state in the Contract, wherever an Perman
Permanent orks
are to e measure from recor s, these shall e re are the ngineer
The Contractor shall, as an when re ueste , atten to examine an agree
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the recor s with the ngineer, an shall sign the same when agragree f the
accurate
Contractor oes not atten , the recor s shall e acce te as ac
f the Contractor examines an isagrees the recor s, an or oes
o not sign
them as agree , then the Contractor shall give notice to the nngineer of the
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res ects in which the recor s are asserte to e inaccurate Af After receiving
this notice, the ngineer shall review the recor s an either confirm
c or var
them f the Contractor oes not so give notice to the ngineer within 1 a s
after eing re ueste to examine the recor s, the shall e acce acc te as
accurate
12.2 Met od o xce t as otherwise state in the Contract an notwithstan ing local ractice
Mea re e t
(a) measurement shall e ma e of the net actual uantit of each it
item of
the Permanent orks, an
(b) the metho of measurement shall e in accor ance with the Bill of
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uantities or other a lica le che ules
12.3 E a atio xce t as otherwise state in the contract, the ngineer shall rocee
in accor ance with su clause 3 5 Determinations to agree or
etermine the contract rice evaluating each item of work, a l ing
the measurement agree or etermine in accor ance with the a ove
su clause 12 1 an 12 2 an the a ro riate rate or rice for the item
For each item of work, the a ro riate rate or rice for the item shall e
the rate or rice s ecifie for such item in the contract or, if there is no
such item, s ecifie for similar work
12.3.1 owever, a new rate or price shall be appropriate for an item of work if :
(a) all the following conditions are met for existing item of the contract:
(i) the measured quantity of the item is increased by more than 50%
from the quantity of this item in the Bill of uantities or the
Schedule,
(ii) this increase in quantity multiplied by specified rate for this item
in the Bill of uantities or the Schedule, exceeds 0.25% of the
Accepted Contract Amount,
(iii) this item is not specified in the contract as a “fixed rate item”.
Note: New rates in case of increase in quantity of the agreement items

shall be applicable to the increase in quantities beyond the
quantities required to meet conditions specified under 12.3.1 (a) (i)
& (ii) above.
OR
(b) (i) the work is instructed under clause 13 Variations and

Adjustments ,
specified
(ii) no rate or price is specifi ed in the contract for this item,
ite and
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item of work is
(iii) no specified rate or price is appropriate because the it
conditions,
not of similar character, or is not executed under similar cond
as any item in the contract.
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OR
(c) contract, if
On passage of original completion period stipulated in the cont
site in some stretches has not been handed over for execution oof the
work due to any of the reasons mentioned below:
(i) non acquisition of land,

(ii) non availability of forest/wild life clearances,
(iii) non removal of encroachments, delay in shifting of utilities
utilit (to be
shifted by other agencies) and
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(iv) non handing over of the sites

site by other agencies/authorities
and the contractor otherwise has been executing the works satis
satisfactorily
on other sites, as certified by the Engineer, the contractor shall be
entitled for new rates for the items and quantities of work which could
not be executed in the stretches still to be handed over. In case the
progress is not satisfactory, the contractor shall not be entitled for new
rates and the Employer shall have the option either to continue the work
in these stretches through the same agency or get it executed through
other means.
In case of entitlement for new rates, if the contractor is not willing to

take up the work in these stretches, he will have the option to say so in
writing or if no agreement is reached on new rates, the remaining works
of such stretches shall be excluded from the scope of the contract
through a variation statement. In such a case the contractor shall not be
entitled for any claim or compensation on this account. The employer

shall get the remaining works on these stretches executed through other
means.
(i) Each new rate or price for item(s) as described in sub paragraph 12.3.1
12.3.2 (a) & (c) above shall be derived from an assessment of the reasonable
cost of executing the work with an additional element of 15% towards
overheads and profit of the Contractor.
(ii) Each new rate or price for item(s) as described in sub paragraph 12.3.1
(b) above shall be derived from an assessment of the reasonable cost
of executing the work with an additional element of 15% towards
overheads and profit of the Contractor, subject to the condition
conditio that
is/
such item(s) as described in sub paragraph 12.3.1 (b) above is/are not
available in the “Standard Bill of uantities of RVNL”.
(iii) In case item(s) as described in sub paragraph 12.3.1 (b) above is/are
available in the “Standard Bill of uantities of RVNL (updated upto
28 days prior to deadline for submission of bids)”, new rate or price
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for such items shall be the rate as available in the “Standard Bill of
uantities of RVNL (updated upto 28 days prior to deadline for
submission of bids)”, modified by the percentage above/below
accepted in this contract for the respective schedule and also price
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variation shall be applicable in the same manner as applicable to items
specified in the contract.
(iv) The assessment of reasonable cost of executing the work (except over
heads and profit which shall be 15%) shall be arrived at based on the
prevailing rates and by taking guidance from the following documents.
docu
The priority of the documents shall be in accordance with the
following sequence:
a) Analysis of Unified SOR of Indian Railway;
b) Analysis issued by MORT ;
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c) Analysis of Delhi Schedule of Rates issued by CP D;

d) Market analysis.
v If the final rate decided by the competent authority as per RVNL SOP
is not acceptable to the contractor, the contractor will be bound to
execute the work at the rates as decided by the competent authority of
RVNL but he may refer the dispute in rate for settlement as per
provisions of clause 20 of General Conditions of Contract. ntil such
time as an a ro riate rate or rice is agree or etermine , the
ngineer shall make the nterim a ment at the rate of 80 of
the rate ro ose him an acce te the Project Director
concerne CP in charge of the roject
12.3.3
Until such time as an appropriate rate or price is agreed or determined, the
Engineer shall make the Interim payment at the rate of 80% of the rate
proposed by him and accepted by the Project Director (concerned CPM/GM in

charge of the project).
12.4 O i io henever the omission of an work forms art or all of a ariation, the value
of which has not een agree , if
a the Contractor will incur or has incurre cost which, if the work ha not
een omitte , woul have een eeme to e covere a sum forming
art of the Acce te Contract Amount
the omission of the work will result or has resulte in this sum not
forming art of the Contract Price an
c this cost is not eeme to e inclu e in the evaluation of an
su stitute work
then the Contractor shall give notice to the ngineer accor ingl ing , with
su orting articulars on receiving this notice, the nginee
ngineer shall rocee
in accor ance with u -Clause 3 5 Determinations to agree or etermine
this cost, which shall e inclu e in the Contract Price
13. Variatio a d Ad t e t
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13.1 Ri t to Var ariations ma e initiate the m lo er at an time rior tto issuing the
Taking- ver Certificate for the orks, either an instruction or making a
re uest to the Contractor to su mit a ro osal
The Contractor shall execute an e oun each ariation til
till the rice oes
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not excee 50 of the agreemental value as s ecifie in letter of acce tance
original agreement For variation e on the a ove the contrac contractor shall e
oun to execute, unless the Contractor rom tl gives notice tto the ngineer
stating with su orting articulars that the Contractor canno cannot rea il o tain
the oo s re uire for the ariation on receiving this notice, the ngineer
shall cancel, confirm or var the instruction
ach ariation ma inclu e
a changes to the uantities of an item of work inclu e in the C
Contract,
changes to the ualit an other characteristics of an item of work,
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c changes to the levels, ositions an or imensions of an art of the

orks,
omission of an work unless it is to e carrie out others,
e an a itional work, Plant, aterials or services necessar for the
Permanent orks, inclu ing an associate Tests on Com letion,
oreholes an other testing an ex lorator work, or
f changes to the se uence or timing of the execution of the orks
The Contractor shall not make an alteration an or mo ification of the
Permanent orks, unless an until the ngineer instructs or a roves a
ariation
13.2 Va e E i eeri The Contractor ma , at an time, su mit to the ngineer a written ro osal
which in the Contractor s o inion will, if a o te , i accelerate com letion, ii
re uce the cost to the m lo er of executing, maintaining or o erating the
orks, iii im rove the efficienc or value to the m lo er of the com lete
orks, or iv otherwise e of enefit to the m lo er
The ro osal shall e re are at the cost of the Contractor an shall inclu e

the items liste in u -Clause 13 3 ariation Proce ure

f a ro osal, which is a rove the ngineer, inclu es a change in the
esign of art of the Permanent orks, then unless otherwise agree oth
Parties
(a) the Contractor shall esign this art,
(b) su - aragra hs a to of u -Clause 1 Contractor s eneral
ligations shall a l , an
(c) if this change results in a re uction in the contract value of this art, the
ngineer shall rocee in accor ance with u -Clause 3 5
Determinations to agree or etermine a fee, which shall e inclu e in
the Contract Price This fee shall e half 50 of the ifference etween
the following amounts
(i) such re uction in contract value, resulting from the change,
exclu ing a justments un er u -Clause 13 7 A justments for
Changes in egislation an u -Clause 13 8 A justments for
Changes in Cost ,an
(ii) the re uction if an in the value to the m lo er of the vari
varie
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works, taking account of an re uctions in ualit , antici ate life or
o erational efficiencies
not e a fee
owever, if amount i is less than amount ii , there shall no
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13.3 Variatio f the ngineer re uests a ro osal, rior to instructing a ariation, the
Pro ed re Contractor shall res on in writing as soon as ractica le, eit
either giving
reasons wh he cannot com l if this is the case or su mitting
mit
(a) a escri tion of the ro ose work to e erforme an a rogra
rogramme for
its execution,
(b) the Contractor s ro osal for an necessar mo ifications to th
the
rogramme accor ing to u -Clause 8 3 Programme an to the TiTime
for Com letion, an
(c) the evaluation of the ariation shall e as s ecifie in Clause 12 3
valuation
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The ngineer shall, as soon as ractica le after receiving such ro osal un er

u -Clause 13 2 alue ngineering or otherwise , res on with a roval,
isa roval or comments The Contractor shall not ela an wor work whilst
awaiting a res onse
ach instruction to execute a ariation, with an re uirements for the recor ing
of Costs, shall e issue the ngineer to the Contractor, who shall
acknowle ge recei t
ach ariation shall e evaluate in accor ance with Clause 12 easurement
an valuation , unless the ngineer instructs or a roves otherwise in
accor ance with this Clause
13.4 Pa e t i f the Contract rovi es for a ment of the Contract Price in more than one
App i a e currenc , then whenever an a justment is agree , a rove or etermine as
C rre ie state a ove, the amount a a le in each of the a lica le currencies shall e
s ecifie For this ur ose, reference shall e ma e to the actual or ex ecte
currenc ro ortions of the Cost of the varie work, an to the ro ortions of
various currencies s ecifie for a ment of the Contract Price

13.5 Pro i io a S ach Provisional um shall onl e use , in whole or in art, in accor ance
with the ngineer s instructions, an the Contract Price shall e a juste
accor ingl The total sum ai to the Contractor shall inclu e onl such
amounts, for the work, su lies or services to which the Provisional um
relates, as the ngineer shall have instructe For each Provisional um, the
ngineer ma instruct
(a) work to e execute inclu ing Plant, aterials or services to e su lie
the Contractor an value un er u -Clause 13 3 ariation
Proce ure an or
(b) Plant, aterials or services to e urchase the Contractor, from a
nominate u contractor as efine in Clause 5 Nominate
u contractors or otherwise an for which these shall e inclu e in
the Contract Price
(i) the actual amounts ai or ue to e ai the Contractor, an
(ii) a sum for overhea charges an rofit, calculate as a ercenta
ercentage
of these actual amounts a l ing the relevant ercentage rate if
an state in the a ro riate che ule f there is no such rate, the
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ercentage rate state in the Contract Data shall e a lie
The Contractor shall, when re uire the ngineer, ro uce u
uotations,
invoices, vouchers an accounts or recei ts in su stantiation
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13.6 Da wor For work of a minor or inci ental nature, the ngineer ma instruct that a
ariation shall e execute on a a work asis The work shall then e value
in accor ance with the Da work che ule inclu e in the Contract,
Contrac an the
following roce ure shall a l f a Da work che ule is not inclu
i e in the
Contract, this u -Clause shall not a l
Before or ering oo s for the work, the Contractor shall su mit uotations to
the ngineer hen a l ing for a ment, the Contractor shall su
s mit invoices,
vouchers an accounts or recei ts for an oo s
xce t for an items for which the Da work che ule s ecifies tthat a ment is
not ue, the Contractor shall eliver each a to the ngineer accurate
statements in u licate which shall inclu e the following etails of the
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resources use in executing the revious a s work

(a) the names, occu ations an time of Contractor s Personnel,
(b) the i entification, t e an time of Contractor s ui ment an Tem orar
orks, an
(c) the uantities an t es of Plant an aterials use
ne co of each statement will, if correct, or when agree , e signe the
ngineer an returne to the Contractor The Contractor shall then su mit
rice statements of these resources to the ngineer, rior to their inclusion in
the next tatement un er u -Clause 1 3 A lication for nterim Pa ment
Certificates

13.7Ad t e t or The Contract Price shall e a juste to take account of an increase or

C a e i ecrease in Cost resulting from a change in the aws of the Countr inclu ing
Le i atio the intro uction of new aws an the re eal or mo ification of existing aws or
in the ju icial or official governmental inter retation of such aws, ma e after
the Base Date, which affect the Contractor in the erformance of o ligations
un er the Contract
f the Contractor suffers or will suffer ela an or incurs or will incur
a itional Cost as a result of these changes in the aws or in such
inter retations, ma e after the Base Date, the Contractor shall give notice to
the ngineer an shall e entitle su ject to u -Clause 20 1 Contractor s
Claims to
Contract Price
After receiving this notice, the ngineer shall rocee in accor
acco ance with u -
n case there is a ecrease in cost as a result of changes of aw egislation
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after the Base Date, the ngineer shall rocee in accor ance w with u Clause
3 5 etermination to agree or etermine these matters without waiting for
Contractor s m lo er s Notice
Notwithstan ing the foregoing, the Contractor shall not e entitle
enti to such an
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extension of time if the same shall alrea have een taken into int account in
etermining an extension an such Cost shall not e se aratel ai if the
same shall alrea have een taken into account in the in exing of an in uts
to the ta le of a justment ata in accor ance with the rovisio
rovisions of u -Clause
13 8
13.8Ad t e t or
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(A) PRICE ADJUSTMENT

a e i The amounts a a le to the Contractor an value at ase rates
o t. an rices ursuant to u -Clause 1 3 a hereof shall e a ju juste
in res ect of the rise or fall in the in exe costs for la our,
Contractor s ui ment an lant, materials an other in uts to the
orks, the a ition or su traction of the amounts etermine
the formulae rescri e in this clause
(B) OTHER CHANGES IN COST
To the extent that full com ensation for an rise or fall in the costs to
the Contractor is not covere the rovisions of this or other
Clauses in the Contract, the unit rates an rices inclu e in the
Contract shall e eeme to inclu e amounts to cover the
contingenc of such other rise or fall in costs
(C): ADJUSTMENT FORMULAE
Contract rice shall e a juste for increase or ecrease in rates an
rice of la our, materials fuels an lu ricants in accor ance with the
following rinci les an roce ures as er formulae given elow The
amount certifie in each a ment certificate is a juste a l ing

res ective rice a justment factor to the a ment amounts ue in each
currenc
a Price a justment shall a l onl for work carrie out within the
sti ulate time or extensions grante the m lo er an shall
not a l to work carrie out e on the sti ulate time rice
a justment for extensions for reasons attri uta le to the
Contractor, shall e ai in accor ance with su -clause 13 8
Price a justment shall e calculate for the local an foreign
com onents of the a ment for the work one as er formulae
given elow an
c Following ex ressions an meanings are assigne to the work
one uring each month
Total value of work one uring the month t woul inclu e
the value of materials on which secure a vance has een
grante , if an uring the month less the value of materials
in res ect of which the secure a vance has een
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recovere , if an , uring the month This exclu es the cost
of work on items for which rates were fixe un er variations
clause 12 an 13 for which the escalation will e regulate
as mutuall agree at the time of fixation of rate
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Portion of as a a le in n ian u ees
f Portion of as a a le in Foreign currenc at fixe
exchange rates
RI R F
(i) Ad t e t or La o r Co po e t
Pri e ad t e t or i rea e or de rea e i t e o t
d e to a o r a e paid i a orda e wit t e
o owi or a:
R
Pl 100 l 1- 0 0
ncrease or ecrease in the cost of work uring the
month un er consi eration ue to changes in la our
cost
0 Consumer rice in ex Num er for in ustrial workers All
n ia u lishe in B eserve Bank of n ia Bulletin
in the month on the a 28 a s rior to the closing ate
of su mission of Bi s
1 Consumer rice in ex Num er for in ustrial workers All
in ia- Pu lishe in B eserve Bank of in ia Bulletin in
the month on the a 28 a s rior to the last a of the
erio to which a articular interim a ment certificate is
relate
Pl Percentage of a our com onent of the work
(ii) Ad t e t or Ce e t Co po e t
Price a justment for increase or ecrease in the cost of

cement rocure the contractor shall e ai in

accor ance with the following formula
Vc Pc / 100 X RI X (C1-C0) / C0
Vc Increase or decrease in the cost of work during the month
under consideration due to changes in the rates for cement.
C0 The index Number of holesale Prices in India by Groups and
Sub Groups (Averages) for Manufacture of cement, lime and
plaster’ published in RBI (Reserve Bank of India ) Bulletin
in the month on the day 28 days prior to the closing date of
submission of Bids.
C1 The index Number of holesale Prices in India by Groups and
Sub Groups (Averages) for Manufacture of cement, lime and
plaster’ published in RBI (Reserve Bank of India ) Bulletin in i
the month on the day 28 days prior to the last day of the period
perio
to which a particular interim payment certificate is related.
L
Pc Percentage of Cement component of the work.
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(iii) Ad t e t or Stee Co po e t
Price adjustment for increase or decrease in the cost of Steel procured by

the contractor under different schedules of BO shall be paid in i
accordance with the following formula:
ormulae- for all schedules of B e cept bill schedule- B
Vs Ps / 100 X RI X (S1-S0) / S0
R
Vs Increase or decrease in the cost of work on the date under

consideration due to changes in the rates for Steel.
S0 The weighted average of index Numbers of holesale
Prices in India by Groups and Sub Groups (Averages) for
(i) MS Bright Bars under Mild Steel -Long
Products sub-group (weight 1)
(ii) Angles, Channels, Sections, steel
(coated/not) under Mild Steel -Long Products
sub-group (weight 2)
(iii) Mild Steel - Flat products sub-group
(weight 1)
published in RBI (Reserve Bank of India) Bulletin / website of the
office of the Economic Adviser in the month on the day 28 days
prior to the closing date of submission of Bids.

S1 The weighted average of index Numbers of holesale Prices

in India by Groups and Sub Groups (Averages) for
(i) MS Bright Bars under Mild Steel - Long Products sub-
group (weight 1)
(ii) Angles, Channels, Sections, steel (coated/not) under
Mild Steel - Long Products sub-group (weight 2)
(iii) Mild Steel - Flat products sub-group (weight 1)
published in RBI (Reserve Bank of India) Bulletin / website of the office
of the Economic Adviser in the month on the day 28 days prior to the
last day of the period to which a particular interim payment certificate is
related.
Ps Percentage of Steel component of the work.
ormulae- for schedule- B of B
L
Vs Ps / 100 X RI X (S1-S0) / S0
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S0 The index Number of holesale Prices in India by Groups an and
Sub Groups (Averages) for Mild Steel - Flat products sub-
group’ published in RBI (Reserve Bank of India) Bulletin /
website of the office of the Economic Adviser in the month on the
day 28 days prior to the closing date of submission of Bids.
S1 The index Number of holesale Prices in India by Groups an and
Sub Groups (Averages) for Mild Steel - Flat products sub-
group’ published in RBI (Reserve Bank of India) Bulletin /
website of the office of the Economic Adviser in the month on the
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particular
day 28 days prior to the last day of the period to which a part
interim payment certificate is related.
ormulae- for bill schedule- of B

Vs Ps / 100 X RI X (S1-S0) / S0
S0 The index Number of holesale Prices in India by Groups and
Sub Groups (Averages) for MS Bright Bars under Mild Steel -
Long Products sub-group’ published in RBI (Reserve Bank of
India) Bulletin / website of the office of the Economic Adviser in
the month on the day 28 days prior to the closing date of

submission of Bids.
S1 The index Number of holesale Prices in India by Groups and
Sub Groups (Averages) for MS Bright Bars under Mild Steel -
Long Products sub-group’ published in RBI (Reserve Bank of
India) Bulletin/ website of the office of the Economic Adviser in
the month on the day 28 days prior to the last day of the period to
which a particular interim payment certificate is related.
i ) Ad t e t or P a t a d Ma i er a d Spare
Co po e t
Price adjustment for increase or decrease in the cost of Plant and
Machinery spares procured by the contractor shall be paid in
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Vp Pp / 100 X RIX (P1-P0) / P0
Vp Increase or decrease in the cost of work during the month under
consideration due to changes in the rates for Plant and Machinery
Machine
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spares.
P0 The index Number of holesale Prices in India by Groups and
Sub Groups (Averages) for Manufacture of machinery for
mining, quarrying and construction’ published in RBI
da
(Reserve Bank of India ) Bulletin in the month on the day 28 days
prior to the closing date of submission of Bids.
P1 The index Number of holesale Prices in India by Groups aand
Sub Groups (Averages) for Manufacture of machinery for
mining, quarrying and construction’ published in RBI
R
da
(Reserve Bank of India ) Bulletin in the month on the day 28 days
inter
prior to the last day of the period to which a particular interim
payment certificate is related.
Pp Percentage of Plant and Machinery spares component of the

work.
( ) Ad t e t or F e a d L ri a t
Price adjustment for increase or decrease in the cost of POL(fuel and
lubricants) shall be paid in accordance with the following formula:
Vf Pf / 100 X R IX (F1-F0) / F0
Vf Increase or decrease in the cost of work on the date under
consideration due to changes in the rates for Fuel and lubricants.
F0 The average of official prices of Diesel available on
the official website of Indian Oil Corporation Ltd for Delhi,
olkata, Mumbai & Chennai, applicable on the day 28 days prior

to the closing date of submission of Bids.
F1 The average of official price of Diesel available on the
official website of Indian Oil Corporation Ltd for Delhi, olkata,
Mumbai & Chennai, applicable on the day 28 days prior to the last
day of the period to which a particular interim payment certificate
is related.
Pf Percentage of Fuel and Lubricants component of the
work.
( i) Ad t e t or Ot er No Ferro Co po e t
ther Non Ferrousmetal rocure the contractor shall
e ai in accor ance with the following formula
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NF PNF 100 NF1-NF0 NF0
NF ncrease or ecrease in the cost of work uring the

month un er consi eration ue to changes in the
VN
rates for ther Non Ferrousmetal
NF0 The in ex Num er of holesale Prices in n ia
rou s an u rou s Averages for anufacture
of non-ferrous metals incl recious metals
u lishe in B eserve Bank of n ia Bulletin in
the month on the a 28 a s rior to the closing ate
of su mission of Bi s
NF1 The in ex Num er of holesale Prices in n ia

R
rou s an u rou s Averages for

anufacture of non-ferrous metals incl recious
metals u lishe in B eserve Bank of n ia
Bulletin in the month on the a 28 a s rior to the
last a of the erio to which a articular interim
a ment certificate is relate
PNF Percentage of ther Non Ferrousmetal com onent of
the work
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( ii) Ad t e t or Ot er o a Materia

local materials other than Cement an teel, Plant

achiner ares, P an ther Non Ferrous etals
rocure the contractor shall e ai in accor ance
with the following formula
m Pm 100 i 1- 0 0
m ncrease or ecrease in the cost of work uring the

month un er consi eration ue to changes in the rates
for local material other than cement, steel, lant s ares
an P
0 The in ex Num er of holesale Prices in n ia
rou s an u rou s Averages for All-
Commo ities- u lishe in B eserve Bank of n ia
Bulletin in the month on the a 28 a s rior to the
closing ate of su mission of Bi s
1 The in ex Num er of holesale Prices in n ia
rou s an u rou s Averages for All -Commo ities
L
u lishe in B eserve Bank of n ia Bulletin in the
month on the a 28 a s rior to the last a of the
erio to which a articular interim a ment certificate is
relate
VN
Pm Percentage of local material com onent other than
cement, steel, lant, s ares an P of the work
( iii) Pri e Variatio C a e or Co ta t a d Cate ar Wire
The Price payable shall be subject to adjustment, up or down, iin

P Po
R
Po uoted ex-works price of contact/catenary wire.

L1 Average LME cash settlement quotation for Copper Grade A,
60 days prior to the date of opening of the tender.
L2 L2 will be minimum of (i) & (ii) given below:-
i LME rates prevailing on 0 days prior to the date of offering
for inspection of each lot.
ii Invoiced rate in invoice of actual imports.
Notes:
1 For prevailing LME rates, certified copy of LME rate downloaded

from official LME website will be accepted as documentary
evidence.
2 LME rate in L1 & L2 will be converted to Indian Rupees at SBI’s
Selling Bills rate of exchange on the date 30 days prior to the date
of opening of tender and date of delivery respectively.

3 In case index/price data are not available for particular date due to
any reason then the index/price data shall be calculated by drawing
a graph of Ist working day before and Ist working day after that
particular date. As per graphic line price data arrived at on that
particular date may be taken.
(i ) Ad t e t or Fa ri ated a d Ga a i ed Stee Str t re :
(Ite No . a pe i ied i pe ia o ditio ). T e pri e

ad t e t o t e e ite a e paid a o ow :
Price ariation lause for abricated and Stru

alvani ed Steel Structures
for ail ay lectrification or s
The Price a a le shall e su ject to a justment, u or own, iin
accor ance with the following formula
L
P Po 11 + 57 B + 09 n + 23
100 B o no o
VN
P Price a a le as a juste in accor ance with the a ove
formula
Po Price uote
B o Price of teel Blooms - etail refer notes
This rice is as a lica le on the 1st working a of the
month, one month rior to the ea line for su mission of
i s
no Price of electrol tic high gra e inc refer notes
R
This rice is as a lica le on the 1stworking a of the

month, onemonth rior to the ea line for su mission of i s
o All n ia average consumer rice in ex num er for
in ustrial workers, as u lishe the a our Bureau,
inistr of a our, overnment of n ia Base
2001 100 efer notes This in ex num er is as
a lica le on the first working a of the month,
threemonths rior to the ea line for su mission of i s
(For example, if date of tendering falls in May 2014, the applicable
prices of Steel Blooms - Retail (SBLRo) and electrolytic high grade
zinc (Zno) should be for the month of April 2014 and all India
average consumer price index number (Wo) should be for the
month of February 2014.
The above prices and indices are as published by IEEMA vide
circular reference number IEEMA (PVC)/TLT/2014one month
prior to the ea line for su mission of i s.)

B Price of teel Blooms- etail refer notes

This rice is as a lica le on the 1st working a of the month,
two months rior to the ate of eliver
n Prices of electrol tic high gra e inc refer notes
This rice is as a lica le on the first working a of the month,
two months rior to the ate of eliver
All n ia average consumer rice in ex num er for

in ustrial workers, as u lishe the a our Bureau,
inistr of a our, ovt of n ia Base 2001 100 refer
notes
This n ex num er is as a lica le on the first working a of the
month, four month rior to the ate of eliver
(For example, if date of delivery falls in December 2014, the
L
applicable prices of steel bloom – Retail (SBLR) and Zinc (Zn)
should be for the month of October 2014 and all India average
consumer price index number (W) should be for the month o of
August 2014.
VN
The date of delivery is the date on which transmission line towers
are notified as being ready for inspection/dispatch (in the absence
of such notification, the date of manufacturer’s dispatch note is to
be considered as the date of delivery) or the contracted delivery
date (including any agreed extension thereto), whichever is earlier.)
Notes
(a) All prices of raw materials are exclusive of GST and any other
taxes, duties, levies etc
All rices are as on first working a of the month
R
c The etails of rices are as un er

1 The rices of teel Blooms are the average etail rice of
Blooms of si e 150mm x 150mm of all cities in s T as
u lishe oint Plant Committee PC , Kolkata
2 The rice of electrol tic high gra e inc in s T is ex-
works rice as uote the rimar ro ucer
3 Cost weight age of re-rolling conversion charges is
inclu e in la or weightage
( ) Pri e Variatio C a e or Tra tio Power Tra or er

o p ete wit a a e orie a d o po e t
The Price payable shall be subject to adjustment, up or down, in

P Po 10 2 C 27ES 7 IS 5IM 7 TO 15
100 CoESo ISo IMo TOo o
P Price payable as adjusted in accordance with the above formula
Po Price quoted/Confirmed
Co Average LME settlement price of copper wire bars (refer notes)

This price is as applicable for the month, ONE month prior to the
date of bid opening.
ESo Price of CRGO Electrical Steel Lamination (refer notes)

This price is as applicable on the 1st working day of the month,
ONEmonth prior to the dead line for submission of bids.
ISo Average price of steel plates 10 mm thick (refer notes).
L
This price is as applicable on the 1st working day of the
month,ONE month prior to the dead line for submission of bids.
o Price of nsulating aterials refer notes

VN
This rice is as a lica le on the 1st working a of the
month, one month rior to the ea line for su mission
of i s
TOo Price of Transformer Oil (Refer notes)

This price is as applicable on the 1st working day of the month,
ONE month prior to the dead line for submission of bids.
o All India average Consumer price index Number for industrial

R
workers, as published by the labour bureau, ministry of labour,

Govt. of India(base 2001 100)
This index number is as applicable on the 1st working day of the

month T REE months prior to the dead line for submission of
bids.
(For example, if date of bid opening falls in June 2015, applicable

prices of Copper Wire Bars (Co),Transformer Oil (TOo), Steel Plates
10 mm thick (ISo), CRGO Electrical Steel Laminations (ESo) and
Insulating material (IMo) should be as on 1stMay 2015 and all India
average consumer price index no. (Wo) should be for the month of
March 2015.
The above prices and indices are as published by IEEMA vide

circular reference number IEEMA (PVC)/PWR_TRF/-/-ONE month
prior to dead line for submission of bids.

C Average LME settlement price of copper wire bars (refer

notes).
This price is as applicable for the month, T O months prior
to the date of delivery.
ES Price of CRGO Electrical Steel Lamination (refer notes).

This price is as applicable on the 1st working day for the
month, T O months prior to the date of delivery
IS Average price of steel pla

plates 10 mm thick (refer notes).
This price is as applicable on the 1stworking day of the
month, ONE month prior to the date of delivery.
IM Price of Insulating Materials (refer notes).

L
month, T O months prior to the date of delivery.
TO Price of transformer oil (Refer notes)

VN
month, ONE month prior to the date of delivery
All India average Consumer price index Number for

industrial workers, as published by the labour bureau,
ministry of labour, Govt. of India(base 2001 100)
This index number is as applicable on the 1st working day of

the month T REE months prior to the date of delivery.
R
(For example, if date of delivery in terms of clause given below falls

in December 2015, applicable prices of Copper Wire Bars (C),
Insulating Material (IM), CRGO Electrical Steel Lamination (ES)
should be as on 1stOctober 2015 and Transformer Oil (TO), Plates 10
mm thick (IS) should be 1st November 2015and All India average
Consumer price index Number (W) should be for the month of
September 2015.
The date of delivery is the date on which the transformer is notified as

being ready for inspection/dispatch (in the absence of such
notification, the date of manufacturer’s dispatch note is to be
considered as the date of delivery) or the contracted delivery date
(including any agreed extension thereto), whichever is earlier.
Notes:
(a) All prices of raw materials are exclusive of GST and any other
taxes, duties, leviesetc. Transformers manufacturers import major
raw materials like copper, CRGO steel sheets and Plates etc. The
landed cost of these imported raw materials includes applicable

custom duty but exclusive of GST and any other taxes, duties,
levies.
(b) All prices are as on first working day of the month.
c The etails of rices are as un er
1 The LME price of Copper ire Bars (in Rs/MT) is the LME
average settlement price of Copper ire Bars converted into
Indian Rupees with applicable average exchange rate of SBI of
the month. This price is the landed cost, inclusive of applicable
customs duty only but exclusive of countervailing duty.
2 The price of CRGO is the price of CRGO Electrical Steel

Lamination in Rs./MT suitable for transformers of ratings above
10MVA or Voltage above 33 V up to 400 V.
L
3 The price of steel is the average retail price of steel plates 10 mm
thick as published by Joint Plant Committee (JPC) in Rs./MT as
on 1st working day of the month.
VN
material (in Rs./ g) of pre-compressed
The price of Insulating materials
pressboards of size 10 mm thick, 3200 mm x 4100 mm is the
average C&F price in free currency per MT converted into
Indian Rupees with applicable exchange rates prevailing as on
1st working day of the month as quoted by primary suppliers.
This price is the landed cost, inclusive of applicable customs
duty only but exclusive of countervailing duty.
5 The price of Transformer Oil (in Rs./ .Ltr.) is the average price
on ex-refinery basis as quoted by primary producers for supply
R
in drums.
( i) PRICE VARIATION CLAUSE FOR SIGNALING CABLE
The rice a a le for signaling ca les is varia le as er Price

ariation Formula given elow
or Signaling opper ables

P Po u u- uo cu - o e e- eo
or luminum Po er ables
P Po l l- lo l - o e e- eo
here,
P Price payable per M as adjusted in accordance with Price
variation clause.

Po Price per M of cable as per Purchase order.
CuF Variation factor for Copper
Cuo Price of copper Rod in Rs. Per MT
CCFCu Variation factor for PVC Compound for Copper Signaling

cable
CCo Price of PVC Compound in Rs. Per MT
AlF Variation factor for Aluminum
Alo Price of EC grade LME Aluminum rods (Properzi rods) in Rs.

Per MT.
CCFAl Variation factor for PVC Compound for Aluminum power

cable
L
FeF Variation factor for Steel
Feo Price of Steel for Armour (Flat strip 4 mm. x 0.8mm/ Round
Roun
VN
1.4mm dia) in Rs. Per MT
Prices per T for uo o eo lo as applicable on the st

or ing day of the month one month prior to the deadline for
submission of bids. The above prices and indices are as publish
published
by vide circular reference no. P B -- -
- -- one month prior to the deadline for submission of bids.
Cu Price of Copper Rod in Rs. Per MT.
CC Price of PVC Compound in Rs. Per MT.

R
Rou
Fe Price of Steel for Armouring (Flat strip 4mm x 0.8 mm/ Round
1.4mm dia) in Rs. Per MT.
Al Price of EC grade LME Aluminum rods (Properzi rods) in Rs. Per

MT.
Prices per T for u e l as prevailing on st or ing day

of the calendar month covering the date ne month prior to the
date of inspection call letter ill be applicable for the calculation of
updated price.The above prices and indices are as published by
vide circular reference no. P B -- -- --
one month prior to the date of inspection.
The value of variation factors for copper, steel and PVC Compound are
different for different sizes of signaling cables. Accordingly, the PVC
formula for some of the types of signaling cable is as given under:-

Underground Railway Signaling Cable unscreened and armoured

copper conductor
(i) Size 30 C x 1.5 sq.mm.

P Po 0.3 1(Cu-Cuo) 0.557(CC-CCo) 0.425(Fe-Feo)
For armouring, price of steel flat strip of size 4mmx0.8mm is to be
taken into consideration.
(ii) Size 24C x 1.5 sq.mm

P Po 0.313(Cu-Cuo) 0.481 (CC-CCo) 0.3 8(Fe-Feo)
For armouring, value of steel flat strip of size 4mmx0.8mm is tto be

(iii) Size 1 C x 1.5 sq.mm

P Po 0.248(Cu-Cuo) 0.3 5(CC-CCo) 0.343(Fe-Feo)
For armouring, value of steel flat strip of size 4mmx0.8mm is tto be
L
(iv) Size 12C x 1.5 sq.mm

VN
P Po 0.157(Cu-Cuo) 0.277(CC-CCu) 0.28 (Fe-Feo)
taken into
For armouring, value of steel wire size 1.4mm dia is to be take
consideration.
(v) Size C x 1.5 sq.mm

P Po 0.117(Cu-Cuo) 0.241(CC-CCu) 0.383(Fe-Feo)
taken into
For armouring, value of steel wire size 1.4mm dia is to be take
consideration.
(vi) Size 6Cx 1.5 sq.mm

R
P Po 0.078(Cu-Cuo) 0.1 (CC-CCu) 0.32 (Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken
take into
consideration.
(vii) Size 4Cx1.5 sq.mm

P Po 0.052(Cu-Cuo) 0.152(CC-CCo) 0.277(Fe-Feo)
For armouring, value of steel wire size 1.4mm dia is to be taken into
consideration.
(viii) Size 2C x 4 sq.mm(multistrand)

P Po 0.073(Cu-Cuo) 0.156(CC-CCo) 0.3(Fe-Feo)
consideration.
(ix) Size 12C x 2.5 sq.mm

P Po 0.282 (Cu-Cuo) 0.371 (CC-CCo) 0.342 (Fe-Feo)
For armouring, value of steel flat stripof size 4mmx0.8mm is to be

(x) Size 2C x 2.5 sq.mm

P Po 0.047 (Cu-Cuo) 0.13 (CC-CCo) 0.277 (Fe-Feo)
consideration.
(xi) Size 2C x 25 sq.mm PVC insulated, armoured, Aluminum power

cable
P Po 0.146 (Al-Alo) 0.303 (CC-CCo) 0.306 (Fe-Feo)
For armouring, value of steel flat stripof size 4mmx0.8mm is to be
For the remaining varieties of signaling cables, the formula shall

sh be
the same as in use on Indian railways.
L
VN
( ii) Ad t e t or Forei C rre Co po e t
for each of the foreign currencies in which the contract rice is

a a le
a The foreign currenc com onent of each a ment which is

converti le into foreign currenc at fixe exchange rate shall
e a juste in accor ance with the following formula
R
Fc 0 85 x f Fe1-Fe0 Fe0
Fc ncrease or ecrease in the cost of work a a le ue to

changes in the cost of foreign in ut
Fe0 the in ex a lica le for the foreign in ut lant, material,

engineer s salar etc as the case ma e on the a 28
a s rior to the ate of su mission of Bi s, as
u lishe in the countr of origin
Fe1 corres on ing in ex on the a 28 a s rior to the last

a of the erio to which a articular interim a ment
certificate is relate average in ex in case in ices are
u lishe at lesser intervals
a The i er shall, in his ten er, in icate the foreign in ut,

lant, material, engineer s salar etc an a ro riate
in ex, the source of which shall e a overnment or
Pu lic rgani ation The i er shall also attach

s ecimens of the u lications of the last 12 months for
information of the m lo er f this in ex is not
acce ta le to the m lo er, then he will s ecif as
alternative in ex an the source of u lishing of that
in ex
f the i er has re ueste a ment in more than one

foreign currenc , f shall e suita l roken u an the
formula a lie se aratel to each currenc com onent
taking into account an corres on ing in ices in ex
an currenc elonging to the same countr
c The currenc of foreign exchange a ment an the

in ex shall elong to the same countr
D f the contractor changes the countr of origin of the

source of su l of an in ut to the works, he shall
L
imme iatel notif the ngineer who shall mo if the
rice a justment rovisions su se uent to such change
to reflect the relevant cost in ex from the actual countr
of origin of the in ut
VN
f the currenc in which the Contract rice is ex resse is
ifferent from the currencies of the sources of the relevant
in ices, the ngineer shall etermine the correction to e
a lie in calculating the Price A justment Factor formula
viii a in or er to avoi istortions in the amount of rice
a justment uch correction shall e a lie to the
increment of rice fluctuation in the ase costs of the
res ective in uts an shall corres on to the ratio of the
exchange rates etween the res ective currencies of the
R
ate of ase in ices an the ate of current in ices as

efine in su -clause viii a
(F) SOURCES OF INDICES

The sources of n ices for the foreign currenc ortion of the
Contract F not state in u -Clause 13 8 C shall e
those as liste in the Contract Data, as a rove the
m lo er
(G) BASE, CURRENT AND PROVISIONAL INDICES:

BASE, CURRENT AND PROVISIONAL INDICES, T BA C T
ND C P C A B T P A N N TDA
28 DA P T T C N DAT F B N F
BD C NT ND C P C A B T
P A N N T DA 28 DA P T A T DA F T
P D T C A PA T C A NT PA NT
C T F CAT AT D F AT AN T T C NT ND C

A N T A A AB , P NA ND C A D T N DB
T N N B D, B CT T B NT
C CT N F T A NT PA D T T C NT ACT
N T C NT ND C B C A A AB T ND
N B F A P AND B P A
P B D B BANK F ND A N T B B TN
B C N D DF T P P
(H) LIMIT OF PRICE ADJUSTMENT

Provi e that, in etermining all such rice a justment in
accor ance with the aforesai u -Clauses
a No account will e taken of an amount which an cost
incurre the Contractor has een increase efault or
negligence of the Contractor
f the Contractor fails to com lete the work within time for
com letion rescri e un er Clause 8 2, the a justment of
rices thereafter until the com letion of the works shall e
ma e using either the in ices or rices, whichever is more
L
favoura le to the m lo er, rovi e that if an extension of
time is grante ursuant to u -Clause 8 , the a ove
osition shall a l to the a justments ma e after ex ir of
such extension of time
VN
(I) Per e ta e o er i ad t e t or a ei o t
The ercentages governing the rice a justment for the
local currenc ortion i of the contract for various works
is given in A e re 2.
( ) I di e to e ed i a e o I teri Pa e t Certi i ate
or a period ore t a a o t
As er rovisions of contract Clause 1 3 of CC interim
a ments certificates are to e su mitte the contractor
on monthl asis for the works su l of items ertaining to
R
a articular month n such cases the monthl in ices will

e a lie for the month on the a 28 a s rior to the last
a of the erio to which a articular interim a ment
certificate is relate owever, in case a ill is su mitte
for a erio ertaining to more than a calen ar month the
average in ices for those months on the a 28 a s rior
to last a of the erio to which ill ertains an revious
month s shall e use for calculation ur ose
14. Co tra t Pri e a d Pa e t
14.1 T e Co tra t nless otherwise state in the ecial Con itions of Contract
Pri e (a) the Contract Price shall e agree or etermine un er u -
Clause 12 3 valuation an e su ject to a justments in
accor ance with the Contract
(b) the Contractor shall a all taxes, uties an fees re uire to e
ai him un er the Contract, an the Contract Price shall not
e a juste for an of these costs exce t as state in u -Clause

13 7 A justments for Changes in egislation
(c) an uantities which ma e set out in the Bill of uantities or
other che ule are estimate uantities an are not to e taken
as the actual an final uantities
(i) of the orks which the Contractor is re uire to execute, or
(ii) for the ur oses of Clause 12 easurement an
valuation an
(d) the Contractor shall su mit to the ngineer, within 28 a s after the
Commencement Date, a ro ose reak own of each lum sum
rice in the che ules, if a lica le The ngineer ma take
account of the reak own when re aring Pa ment Certificates, ut
shall not e oun it
(e) t ma e note that in the event of the Contractor not making the
ue a ments state in su -clause a ove, an the concerne
art uts u a claim with the m lo er ngineer, then the
L
m lo er ngineer ma make such a ments an e uct the
same from the sums ue to the Contractor
VN
14.2 Ad a e
Pa e t
14.2.1 Mo i i atio The m lo er shall make a ment, as an nterest earing a vance for
Ad a e mo ili ation, when the Contractor su mits a guarantee in accor ance
with this u -Clause The total a vance a ment, the num er an
timing of instalments if more than one , an the a lica le currencies
cu
an ro ortions, shall e as state in the Contract Data
th total
nless an until the m lo er receives this guarantee, or if the
-Cl
a vance a ment is not state in the Contract Data, this u -Clause
R
shall not a l
The ngineer shall issue an interim a ment certificate for the first
installment of mo ilisation a vance after receiving an a lication
licat for
a vance a ment un er su clause 1 3 A lication for nterim
Pa ment Certificates an after the m lo er receives i the
Performance ecurit in accor ance with u -Clause 2
Performance ecurit an ii a guarantee in amounts an currencies
e ual to the a vance a ment lus 10 The next installment shall e
release onl when the contractor su mits statement of having utili e
the revious installment of mo ili ation a vance an the m lo er is
satisfie that the utili ation has een one in ur oseful manner
.
4. . dvance against nterest earing a vance against lant an machiner , is a a le for
Plant and rocurement of lant, e ui ment an machiner to e utili e
achinery s ecificall for the su ject works, rovi e the same have reache the
site along with urchase or er an the invoices against a guarantee in
amounts an currencies e ual to the a vance a ment lus 10 The
total a vance a ment un er this su -clause, inclu ing the a lica le

currencies an ro ortions, shall e as state in the Contract Data
All such lant, e ui ment an machiner shall e use onl for
executing the works un er this Contract No such lant, e ui ment
an machiner shall e remove from the site, unless a vance
e uivalent to the a vance against such machiner has een full
re ai an rior ermission of the ngineer has een o taine
The ngineer shall eci e whether a articular lant, e ui ment or
machiner is actuall re uire to execute the work No a vance is
a a le against items i entifie as unnecessar The lant an
machiner a missi le for a vance a ment an its valuation shall e
one the ngineer on following consi erations
(i) New items 80 of urchase rice
(ii) se or econ han items Not to e consi ere
(iii) New tems value at less than s 10,00,000 each Not to e
consi ere
L
4. . uarantees
A vances as mentione in su -clauses 1 2 1 1 2 2 a ove, sha shall e
a a le against acce ta le Bank uarantees from anks as s ecifieecif
in clause 2 The guarantees shall e in the form as given in ection 8
VN
Contract Forms or in another form a rove the m lo er The
Contractor shall ensure that the guarantees are vali an enforcea
enfor le
until the a vance amount ai as has een re ai , ut its amount
amoun ma
e rogressivel re uce the amount re ai theContractor as
in icate in the Pa ment Certificates f the terms of the guarantee
s ecif its ex ir ate, an the a vance a ment has not een rre ai
the ate 28 a s rior to the ex ir ate, the Contractor sh
shall exten
the vali it of the guarantee until the a vance a ment has een ee
re ai
R
4. .4 ecovery of nless state otherwise in the Contract Data, the a vance a ment
me
dvances shall e re ai through ercentage e uctions from the interim
a ments etermine the ngineer in accor ance with u -Clause
-Clau
1 6 ssue of nterim Pa ment Certificates , as follows
(a) e uctions shall commence in the next interim Pa ment
Certificate following that in which the total of all certifie interim
a ments exclu ing the a vance a ment excee s 5 ercent of
the Acce te Contract Amount less Provisional ums or assage
of six months from the ate of release of first a vance a ment,
whichever is earlier an
(b) e uctions shall e ma e for accrue interest on the a vance u
to the month an a vance at the rate state in the Contract Data
of the amount of each nterim Pa ment Certificate exclu ing the
a vance a ment an e uctions an re a ments of retention in
the currencies an ro ortions of the a vance a ment until such
time as the a vance a ment an accrue interest has een
re ai rovi e that the a vance a ment an accrue interest
shall e com letel re ai rior to the time when 80 ercent of the

Acce te Contract Amount has eencertifie for a ment f the
amount of interim a ment certificate is not sufficient for recover
of accrue interest or in the o inion of the m lo er satisfactor
rogress is not eing achieve the contractor, then the
contractor will have to e osit the accrue interest an return the
mo ilisation a vance in art or in full as eman e the
m lo er, failing which m lo er shall have the right to encash
the Bank uarantee s
The contractor shall alwa s have the o tion to start re a ment earlier
an or to com lete the re a ment earlier than the ue ate
f the a vance a ment has not een re ai rior to the issue of

o the
Taking- ver Certificate for the orks or rior to termination un u er
Clause 15 Termination m lo er , Clause 16 us ension an
Termination Contractor or Clause 19 Force ajeure as the case
ma e , the whole of the alance then outstan ing shall imme iatel i
ecome ue an a a le the Contractor to the m lo er
L
4. . dvances to be The a vances shall e use the Contractor strictl for the ur ose
sed only for of the Contract, an for the ur ose for which the are ai n er no
This or
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circumstances, shall the a vances e iverte for other ur oses ose An
such iversion shall e construe as a reach of the Contract an a the
Contractor shall e aske to return the a vance at once an a
interest at 15 er annum till the a vance is recovere ack from fr him
The Contractor shall return the a vance an a the interest in one go
without emur
m lo er retains the right for an other reme rescri e for reach
of Contract in this regar
The Contractor, if re uire the ngineer shall rovi e the etails of
utilisation of o ilisation a vance
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14.3 App i atio or The Contractor shall su mit a tatement in six co ies to the n ngineer
I teri Pa e t in accor ance with the a ment roce ure s ecifie ngin
the ngineer,
Certi i ate
after the en of each month, in a form a rove the ngineer,
showing in etail the amounts to which the Contractor consi ers
himself to e entitle , together with su orting ocuments which shall
inclu e the re ort on the rogress uring this month in accor ance with
u -Clause 21 Progress e orts an ecor easurement
heets
The tatement shall inclu e the following items, as a lica le, which
shall e ex resse in the various currencies in which the Contract
Price is a a le, in the se uence liste
a the estimate contract value of the orks execute an the
Contractor s Documents ro uce u to the en of the month
inclu ing ariations ut exclu ing items escri e in su -
aragra hs to g elow
an amounts to e a e an e ucte for changes in legislation

an changes in cost, in accor ance with u -Clause 13 7
A justments for Changes in egislation an u -Clause 13 8
A justments for Changes in Cost
c an amount to e e ucte for retention, calculate a l ing
the ercentage of retention state in the Contract Data to the total
of the a ove amounts, until the amount so retaine the
m lo er reaches the limit of etention one if an state in
the Contract Data
An amounts to e a e an e ucte for the a vance
a ments an re a ments in accor ance with su clause 1 2
A vance Pa ment
e an amounts to e a e an e ucte for Plant an aterials in
accor ance with u -Clause 1 5 Plant an aterials inten e
for the orks
f an other a itions or e uctions which ma have ecome ue
un er the Contract or otherwise, inclu ing those un er Clause 2
20
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Claims, Dis utes an Ar itration an
g the e uction of amounts certifie in all revious Pa ment
Certificates
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h for invoicing as er T aws, the estimate contract value of the
orks execute in terms of a a ove an an amounts a e or
e ucte as er , e to g a ove is to e roken u in two
com onents i e i the ase amount exclu ing T ii T
com onent calculate at the rate for works contract service as
er T aws
i tatement of interim a ments ce
certificates shoul e su mitte
the Contractor to the ngineer the 7th a of each month for
the work execute u to the en of the revious month
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j An amount to e e ucte for the a ments to e ma e to

ifferent De artments towar s a ments lia le to e ma e the
Contractor

14.4 S ed e o f the Contract inclu es a sche ule of a ments s ecif ing the instalments in
Pa e t which the Contract Price will e ai , then unless otherwise state in this
sche ule
(a) the instalments uote in this sche ule of a ments shall e the
estimate contract values for the ur oses of su - aragra h a of
u -Clause 1 3 A lication for nterim Pa ment Certificates
(b) u -Clause 1 5 Plant an aterials inten e for the orks shall not
a l an
(c) if these instalments are not efine reference to the actual rogress
achieve in executing the orks, an if actual rogress is foun to e
less than that on which this sche ule of a ments was ase , then the
ngineer ma rocee in accor ance with u -Clause 3 5
Determinations to agree or etermine revise instalments, whiwhich shall
take account of the extent to which rogress is less than that on which
the instalments were reviousl ase
f the Contract oes not inclu e a sche ule of a ments, the Contractor
Co
shall su mit non- in ing estimates of the a ments which he ex ects to
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ecome ue uring each uarterl sha
erio The first estimate shall e
su mitte within 2 a s after the Commencement Date evise estimatese
ve Certificate has
shall e su mitte at uarterl intervals, until the Taking- ver
een issue for the orks
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14.5 P a t a d f this u -Clause a lies, nterim Pa ment Certificates shall inclu e, un er
Materia su - aragra h e of u -Clause 1 3
i te ded or t e
k an amount for Plant an aterials which have een sent to the
t ite for
Wor
incor oration in the Permanent orks, an
ii a re uction when the contract value of such Plant an aterials
a is
inclu e as art of the Permanent orks un er su - aragra h a of
u -Clause 1 3 A lication for nterim Pa ment Certificates
f the lists referre to in su - aragra hs i or c i elow
el are not inclu e
in the Contract Data, this u -Clause shall not a l
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The ngineer shall etermine an certif each a ition if the ffollowing

con itions are satisfie
a the Contractor has
i ke t satisfactor recor s inclu ing the or ers, recei ts, Costs
an use of Plant an aterials which are availa le for
ins ection, an
ii su mitte a statement of the Cost of ac uiring an elivering the
Plant an aterials to the ite, su orte satisfactor
evi ence
an either
the relevant Plant an aterials
i are those liste in the che ules for a ment when shi e ,
ii have een shi e to the Countr , en route to the ite, in
accor ance with the Contract an
iii are escri e in a clean shi e ill of la ing or other evi ence of
shi ment, which has een su mitte to the ngineer together
with evi ence of a ment of freight an insurance, an other

ocuments reasona l re uire , an a ank guarantee in a form
an issue an entit a rove the m lo er in amounts
an currencies e ual to the amount ue un er this u -Clause
this guarantee ma e in a similar form to the form referre to in
u -Clause 1 2 A vance Pa ment an shall e vali until the
Plant an aterials are ro erl store on ite an rotecte
against loss, amage or eterioration
or
c the relevant Plant an aterials
i are those listed in the Schedules for payment when delivered to the
Site,
ii the original Invoice’ and the original Inspection Certificate
Certificate’ by the
approved Inspection agency marked for payment’ is furnished wi with
the Application for IPC sub-Clause 14.3 .
iii have been delivered to and are properly stored on the Site, are
protected against loss, damage or deterioration, and appear to be in
accordance with the Contract.
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certified shall be the equivalent of
The additional amount to be certified o
eighty percent of the Engineer’s determination of the cost of the t
Plant and Materials (including delivery
delivery to Site), taking account
accoun of the
valu of
documents mentioned in this Sub-Clause and of the contract value
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the Plant and Materials. The amount shall be certified on receipt
recei of
an Indemnity Bond for the stated amount in the Form approved by
the Employer.
The currencies for this additional amount shall be the same as those
in which payment will become due when the contract value is
included under sub-paragraph (a) (a of Sub-Clause 14.3 Application
for Interim Payment Certificates . At that time, the Payment
Certificate shall include the applicable
a reduction which shall be
equivalent to, and in the same currencies and proportions as, this
t
relevant Plant and Materials.
additional amount for the relev
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14.6 I e o I teri No amount will be certified or paid until the employer has rece received and
Pa e t approved the performance security. Thereafter, the Engineer shallsha within two
Certi i ate
days after receiving a statement and supporting documents (incl (including
Contractor’s certificate in terms of Sub-Clause 6.22 (ii)), issue to the Employer
a provisional interim payment certificate which shall state the amount which
the Engineer determines to be due after preliminary check as per RVNL’s
procedure order. After this the Engineer shall, within 28 days after receiving a
statement and supporting documents, issue to the employer an Interim Payment
Certificate which shall state the amount which the Engineer fairly determines to
be due, with supporting particulars.
owever, prior to issuing the Taking-Over Certificate for the orks, the
Engineer shall not be bound to issue the Interim Payment Certificate in an
amount which would (after retention and other deductions) be less than the
minimum amount of Interim Payment Certificates (if any) stated in the Contract
Data. In this event, the Engineer shall give notice to the Contractor accordingly.
An Interim Payment Certificate shall not be withheld for any other reason,
although:
(a) if anything supplied or work done by the Contractor is not in accordance
with the Contract, the cost of rectification or replacement may be withheld
until rectification or replacement has been completed; and/or
(b) if the Contractor was or is failing to perform any work or obligation in
accordance with the Contract, and had been so notified by the Engineer,
the value of this work or obligation may be withheld until the work or
obligation has been performed.
The Engineer may in any Payment Certificate make any correction or
modification that should properly be made to any previous Payment Certificate.
A Payment Certificate shall not be deemed to indicate the Engineer’s
acceptance, approval, consent or satisfaction.
14.7 Pa e t The Employer shall pay to the Contractor:

a afte issuing
the first instalment of the advance payment within 42 days after
the Letter of Acceptance or within 21 days after receiving the documents
in accordance with Sub-Clause 4.2 Performance Security and Sub- Su
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Clause 14.2 Advance Payment , whichever is later;
(i) After preliminary scrutiny and certifications by the Engineer,
Engine payment
of 70% of the certified net payment due (after recoveries and deductions),
d
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shall be made by the Employer within 10 days of receiving a sta statement
conditi that
and supporting documents by the Engineer subject to the condition
last interim payment certificate has been settled after detailed
detaile check. In
the event of the contractor submitting bills based on false measurements,
mea
Project Director should issue a written warning to him to the effect
e that
the facility of 70% payment without detailed check will be withdrawn
with in
future. If the contractor repeats the misconduct this facility should be
withdrawn.
(ii) The amount certified in each Interim Payment Certificate within 56

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days after the Engineer receives the Statement and supporting documents.
d
Any discrepancy shall be rectified in the next payment to the C
Contractor;
and
c the amount certified in the Final Payment Certificate within 56 days after
the Employer receives this Payment Certificate or, the undisputed amount
shown in the Final Statement, within 56 days after the date of notification
of the suspension in accordance with Sub-Clause 16.2.
Payment of the amount due, unless specified in the Contract Data, shall
be made in INR into the bank account, nominated by the Contractor
except for the Contract where the Contractor has opted for payment
through Letter of Credit (LC) arrangement. In such a case, the procedure
for payment shall be as prescribed in clause 14.7.1 below.
owever, in case of JV, direct payment to individual JV partners shall be
made on joint certification (about the net amounts payable to individual
partners) by the authorized representative of the JV and concerned
respective authorized representative of individual JV partners, after

making requisite recoveries/deductions from the gross payment. In case

of any dispute regarding the net amounts payable to individual partners,
the Engineer shall decide the same on the basis of the execution of items
of works under Schedules/Bills indicated in the JV agreement as the
responsibility of execution of each JV partner. Payment to individual JV
partners shall be treated as payment made to the JV. The said payment
shall not alter any obligation of the JV and its individual Partners under
the Agreement and their obligations under the agreement shall remain
joint and several.
A foreign company (either single entity or JV partner), shall have to
submit proof of having opened their project office in India before any
payment (including advance payment) is released to such a company.
The required proof here shall be a copy of the report containin
containing
information as per format prescribed by Reserve Bank of India ssubmitted
to the Director General of Police (DGP) of the state concerned in which
project office has been established.
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Procedure for payment through
14.7.1
(i) The LC shall be a sight LC.
(ii) The contractor shall select his Advising/Negotiating bank for LC. The
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incidental cost towards issue of LC and its operation thereof sshall be
borne by the contractor.
(iii) The Employer’s Bank and its nodal branch for issue of LCs basebased on
indicated
requests received from Employer Accounts Units shall be as indi
in the Contract Data. The Branch office of the Employer’s B Bank,
indicated in
where the Employer Accounts Office has its Account, as indicate
the Contract Data, will be the issuance/reimbursing branch for LC
issued under this arrangement. The Bank shall remain same for this
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tender till completion of contract. The present incidental cost cos

0.15% per annum of LC value or any increase/decrease by the ban banks
con
for issue of LC and operation thereof shall be borne by the contractor
and shall be recovered from his Interim Payment Certificates.
(iv) The LC shall be opened initially for duration of 180 to 365 days in
consultation with contractor. The LC shall be extended time to time as
per the progress of the contract, on the request of the contractor. The
value of LC to be opened initially as well as extended thereafter shall
be finalized by the engineer in consultation with the contractor on the
basis of expected progress of work.
(v) The LC terms and conditions shall inter-alia indemnify and save
harmless the Employer from and against all losses, claims and
demands of every nature and description brought or recovered against
the Employer by reason of any act or omission of the contractor, his
agents or employees, in relation to the Letter of Credit (LC). All sums
payable/borne by Employer on this account shall be considered as

reasonable compensation and paid by contractor.
(vi) The LC terms and conditions shall inter-alia provide that Employer
will issue a Document of Authorisation (in the format decided in
consultation with the Employer’s Bank) after passing the Interim
Payment Certificate for completed work, to enable contractor to claim
the authorized amount from their bank.
(vii) The acceptable, agreed upon document for payments to be released

under the LC shall be the Document of Authorisation.
(viii) The Document of Authorisation shall be issued by Employer Accou

Accounts
Emplo
Office against each Interim Payment Certificate passed by Employers.
(ix) On issuance of document of Authorisation, a copy of Document of

Docum
Authorization shall be sent to the contractor. A copy of Document of
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Authorisation shall also be sent by Employer Accounts Office to
Employer’s bank.
(x) p
On receipt of Document of Authorization, the contractor shall present
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his claim to his bank (advising Bank) for necessary payments as per
LC terms and conditions. The claim shall comprise of copy of
Document of Authorization, Bill of Exchange and Payment Certifi
Certificate.
(xi) The payment against LC shall be subject to verification from

Employer’s Bank .
(xii) The contractor’s bank (advising bank) shall submit the documents
document to
the Employer’s Bank .
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(xiii) The Employer’s bank (Issuing Bank) shall, after verifying the claim
c so
received w.r.t. the Document of Authorisation received from Employer
Emp
Accounts Office release the payment to contractor’s bank (advising
bank) for crediting the same to contractor’s account.
(xiv) Any number of Interim Payment Certificates can be dealt within one
LC, provided the sum total of payments to contractor is within the
amount for which LC has been opened.
(xv) The LC shall be closed after the release of Final Payment certificate
including PVC amount, if any, to the contractor.
(xvi) In case of JV, LC shall be opened in the name of JV and option of

direct payment to individual JV partners through LC shall not be
permissible.

14.8 De a ed f the Contractor oes not receive a ment in accor ance with u -Clause
Pa e t 1 7 Pa ment , the Contractor shall e entitle to receive interest
com oun e monthl on the amount un ai uring the erio of ela This
erio shall e eeme to commence on the ate for a ment s ecifie in
u -Clause 1 7 Pa ment , irres ective in the case of its su - aragra h
of the ate onwhich an nterim Pa ment Certificate is issue
nless otherwise state in the ecial Con itions of Contract, the interest
amount e calculate at the annual rate of seven ercent
The Contractor shall e entitle to this a ment without formal notice or
certification, an without reju ice to an other right or reme
14.9 Pa e t o The Retention Money shall be certified and paid with the final payment
Rete tio Mo e certificate or bank guarantee against retention money shall be released, after
making required adjustments for recovery for shortage/excess ma
materials, if any
e cept those quantities hich become surplus due to change in
planning scheme by ail ay N in case the recovery for
surplus e cess materials is still balance after adjusting the aamount
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payable in the final payment certificate.
The contractor shall be entitled to substitute a bank guarantee in the form

approved by the Employer with the retention money amount recoverecovered upto
the date of request. Such substitution shall be permissible ma
maximum upto 3
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times. The Bank Guarantee shall bbee valid upto end of Defect Liability Period.
Contractor shall
In case of extension of date of completion of contract, the Con
extend the validity of the Bank Guarantee(s) until the revised end of Defect
Liability Period.
Rete
herever the contract is terminated under Clause 15.2, the Retention Money
separately.
shall be forfeited and the balance work should be got done sepa
14.10 State e t at ithin 8 a s after receiving the Taking- ver Certificate for the orks, the
Co p etio Contractor shall su mit to the ngineer six co ies of a tatement tateme at
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com letion with su orting ocuments, in accor ance with u -Clause-Cl 1 3

A lication for nterim Pa ment Certificates , showing
(a) the value of all work one in accor ance with the Contract u tto the
ate state in the Taking- ver Certificate for the orks,
(b) an further sums which the Contractor consi ers to e ue, an
(c) an estimate of an other amounts which the Contractor consi ers will
ecome ue to him un er the Contract stimate amounts shall e
shown se aratel in this tatement at com letion
The ngineer shall then certif in accor ance with u -Clause 1 6 ssue
of nterim Pa ment Certificates
ithin 56 a s after receiving the Performance Certificate, the Contractor

shallsu mit, to the ngineer, six co ies of a raft final statement as er
roce ure rescri e the ngineer, with su orting ocuments showing
in etail in a form a rove the ngineer

14.11App i atio or ithin 56 days after receiving the Performance Certificate, the Contractor
Fi a Pa e t shall submit, to the Engineer, six copies of a draft final statement as per
Certi i ate
procedure prescribed by the Engineer, with supporting documents (including
Contractor’s certificate in terms of Sub-Clause 6.22 (ii)) showing in detail in
a form approved by the Engineer:
(a) the value of all work done in accordance with the Contract, and
(b) any further sums which the Contractor considers to be due to him under
the Contract or otherwise.
If the Engineer disagrees with or cannot verify any part of the draft final
statement, as per procedure prescribed by the Engineer the Cont
Contractor shall
submit such further information as the Engineer may reasonably require and
shall make such changes in the draft as may be agreed between tthem. The
final statement
Contractor shall then prepare and submit to the Engineer the fi
Conditions as the
as agreed. This agreed statement is referred to in these Condit
“Final Statement”.
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owever if, following discussions between the Engineer and the Contractor and
any changes to the draft final statement which are agreed, it becomes
b evident
Employer (with a copy to
that a dispute exists, the Engineer shall deliver to the Employ
the Contractor) an Interim Payment Certificate for the agreed pparts of the draft
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resolved under Sub-Clause
final statement. Thereafter, if the dispute is finally resolve
20.3 Obtaining Dispute Board’s Decision or Sub-Clause 20.2 A Amicable
Settlement , the Contractor shall then prepare and submit to ththe Employer (with
a copy to the Engineer) a Final Statement.
14.12Di ar e hen su mitting the Final tatement, the Contractor shall su mit mi a
ischarge which confirms that the total of the Final tatement re resents full
an final settlement of all mone s ue to the Contractor un er or in
connection with the Contract This ischarge ma state that it ecomes
effective when the Contractor has receive the Performance ecurit ecu an
the outstan ing alance of this total, in which event the ischarge shall e
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effective on such ate
14.13 I e o Fi a ithin 28 a s after receiving the Final tatement an ischarge in

Pa e t accor ance with u -Clause 1 11 A lication for Final Pa ment Certificate
Certi i ate an u -Clause 1 12 Discharge , the ngineer shall issue, to the m lo er,
the Final Pa ment Certificate which shall state
(a) the amount which he fairl etermines is finall ue, an
(b) after giving cre it to the m lo er for all amounts reviousl ai the
m lo er an for all sums to which the m lo er is entitle , the alance
if an ue from the m lo er to the Contractor or from the Contractor to
the m lo er, as the case ma e
f the Contractor has not a lie for a Final Pa ment Certificate in accor ance
with u -Clause 1 11 A lication for Final Pa ment Certificate an u -
Clause 1 12 Discharge , the ngineer shall re uest the Contractor to o so f
the Contractor fails to su mit an a lication within a erio of 28 a s, the
ngineer shall issue the Final Pa ment Certificate for such amount as he fairl
etermines to e ue

14.14 Ce atio o The m lo er shall not e lia le to the Contractor for an matter or thing un er
E p o er or inconnection with the Contract or execution of the orks, exce t to the
Lia i it extent that the Contractor shall have inclu e an amount ex ressl for it
(a) in the Final tatement an also
(b) exce t for matters or things arising after the issue of the Taking- ver
Certificate for the orks in the tatement at com letion escri e in
u -Clause 1 10 tatement at Com letion
owever, this u -Clause shall not limit the m lo er s lia ilit un er his
in emnification o ligations, or the m lo er s lia ilit in an case of frau ,
eli erate efault or reckless miscon uct the m lo er
14.15 C rre ie o The Contract Price shall e ai in n ian u ees N

Pa e t
15. Ter i atio E p o er
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15.1 Noti e to Corre t If the Contractor fails to carry out any obligation under the C
Contract as
mentioned below, but not limited to, the Engineer/ Employer may serve the
contractor with a 14 days notice in writing calling upon the co
contractor to make
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good the failure and to remedy it. If the contractor;
(a) fails to comply with Sub-Clause 4.2 Performance Security ,
(b) pl
abandons the orks or otherwise plainly demonstrates the intention not to
continue performance of his obligations under the Contract,
(c) without reasonable excuse fails to:
(i) proceed with the orks in accordance with Clause 8
Commencement, Delays and Suspension , or
(ii) comply with a notice issued under Sub-Clause 7.5 Rejection
Rejectio or
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Sub-Clause 7.6 Remedial ork , within 28 days after receiving it,

or
progr
(iii) adhere to the agreed programme of work / activity on the critical
path, by a margin of 10% of the stipulated period, or
(iv) take steps to deploy competent and adequate number of personnel,
and equipment to achieve progress as per agreed programme or
(v) adhere to the instructions of Engineers/Employer persistently or
(vi) comply any provision of the contract or
(vii) provide the Engineer/Employer or their representative proper
facilities for inspecting the works or any part thereof as required,
under Clause 7.3 (Inspection) and 7.4 (Testing).
(d) subcontracts the whole or major part of the orks or assigns the Contract
without prior written consent of the Employer.,
If the contractor does not, within 14 days of receipt of notice under this

sub-clause, proceed to make good his default in so far as the same is

capable of being made good and carry on the work of complying with
such direction as contained in the notice under sub clause 15.1, to the
entire satisfaction of the Engineer/Employer, the Employer shall be
entitled to take action under sub-clause 15.1.1 or 15.1.2 or 15.2 below.
15 1 1 In case of contractor’s repeated failure to adhere to the agreed program, and
whereas the contractor has been served with a Notice to Correct under
Clause 15.1 of GCC, if the contractor approaches RVNL with a revised
program with specific monthly physical and financial targets along with
the proposal to deploy matching inputs in the form of manpower and
other resources to the satisfaction of the Employer, then the Employer
may consider whether to proceed with termination of the contract under
Clause 15.2 of GCC or to continue with the contract. owever, the
request to continue with the contract shall only be considered if the
contractor supports his earnestness to adhere to the revised program
pr by
submitting additional Performance Security in the form of Bank
Guarantee(s) of specified number and value as decided by the Employer
Em
(total value of which will not exceed 10% of the contract price).
price The
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encashment of these additional Bank Guarantee(s) shall be linked
linke with
the non achievement of agreed physical/financial targets agreed upon by
the Contractor and the Employer.
15 1 2 In case the contractor’s failure is limited to only some of the works, and
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in response to Notice to Correct under Clause 15.1 of GCC, the
contractor approaches the Employer that such works may be offlo offloaded
from him and got executed through another agency and additional cost
incurred, if any, should be recovered from his dues, the EmplEmployer, on
being convinced that the anticipated additional cost for such w works will
not be substantial and can be recovered from the dues of the co contractor
and that such offloading will help in improving the overall proprogress of
repercussion on
the project, may agree to such offloading without any repercuss
the performance security and/or additional bank guarantees, if any,
submitted by the contractor. owever, the Employer will not be under
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any compulsion to agree to such a request. The Contractor shall be

informed of the LOA issued to ot other agency(ies) for such works.
In case the contractor does not approach the employer for offloading but
the Employer is convinced that:
(i) offloading of some works will help in improving the progress of

the project;
(ii) termination/part termination of the contract at this stage will not
be in the interest of the project;
(iii) the anticipated additional cost for such works will not be
substantial and can be recovered from the dues of the contractor;
The Employer may issue 7 days notice to the Contractor stating the
resources required to be deployed against each work. If the contractor
fails to deploy the required resources as indicated in the notice, the
employer shall offload such works and proceed with getting the works
executed through other agency(ies). The Contractor shall be informed of
the LOA issued to other agency(ies) for such works.
Offloading under the sub clause 15.1.2 shall be without any

repercussion on the performance security and/or additional bank
guarantees, if any, submitted by the contractor. The Contractor would
have no future claim on this account and the extra expenditure so
incurred, if any, by the Employer in getting the offloaded work done,
shall be recovered from subsequent payment certificates or any other
dues of the contractor.
15.2Ter i atio The Employer shall be entitled to terminate the Contract as a whole or any part or
E p o er parts (as may be specified in the Notice of Termination under any of the above
Sub-Clause issue) if the Contractor:
(a) fails to comply with the directions contained in the notice und
under Sub-Clause
15.1 Notice to Correct ,
(b) becomes
ecomes bankrupt or insolvent, goes into liquidation, has a rece receiving or
administration order made against it by Court or Statutory AuthAuthority him,
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compounds with his creditors, or carries on business under a re
receiver, trustee
d
or manager for the benefit of his creditors, or if any act is done or event
occurs which (under applicable Laws) has a similar effect to any of these acts
or events, or
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(c) gives or offers to give (directly or indirectly) to any person any bribe, gift,
gratuity, commission or other thing of value, as an inducement or reward:
(i) for doing or forbearing to do any action in relation to the Con
Contract, or
(ii) for showing or forbearing to show favour or disfavour to any pe
person in
relation to the Contract,
Subcontracto gives or offers to
or if any of the Contractor’s Personnel, agents or Subcontractors
give (directly or indirectly) to any person any such inducement or reward as is
sub-paragraph
sub-p
described in this sub-paragraph
aragraph (c). owever, lawful inducements and rewards to
Contractor’s Personnel shall not entitle termination
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In any of these events or circumstances, the Employer may, by Notice Terminate
the contract with immediate effect.
pre
The Employer’s election to terminate the Contract shall not prejudice any other
rights of the Employer, under the Contract or otherwise.
The Contractor shall remove all his plants and machinery from the site then leave
the Site and deliver any required Goods, all Contractors’ Documents, and other
design documents made by or for him, to the Engineer within 7 days from the issue
of Notice of Termination, failing which Delay Damages as prescribed for delay in
completion of works shall be imposed as per provision of clause 8.7. owever, the
Contractor shall use his best efforts to comply immediately with any reasonable
instructions included in the notice of Termination (i) for the assignment of any
subcontract, and (ii) for the protection of life or property or for the safety of the
orks.
After termination, the Employer may complete the orks and/or arrange for any
other entities to do so. The Employer and these entities may then use any Goods,
Contractor’s Documents and other design documents made by or on behalf of the
Contractor for completing the work.

. aluation at ate As soon as practicable after a notice of termination under Sub-Clause 15.2
of Termination Termination by Employer has taken effect, the Engineer shall proceed in
accordance with Sub-Clause 3.5 Determinations to agree or determine the
value of the orks, Goods and Contractor’s Documents, and any other sums
due to the Contractor for work executed in accordance with the Contract. For
this purpose, the contractor shall be notified the date for witnessing of
measurements and handing over of the materials for which contractor has
already been paid. In case the contractor fails to attend or send a representative
even after such notice, the Engineer shall ex parte proceed with measurements
of the works executed and taking over of plants and materials etc. for which
payment has already been made to the contractor, which shall be treated as
final.
15.4 Pa e t a ter After a notice of termination un er u -Clause 15 2 Terminatio

Termination m lo er
Ter i atio has taken effect, the m lo er ma
(a) rocee in accor ance with u -Clause 2 5 m lo er s Claims ,
encash the Performance Performance
uarantee an forfeit the Perform
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ecurit
i n full inclu ing a itional Performance uarantee amount iif an taken in
terms of su clause 35 5 of TBan not ue for release on the ate of issue
as a whole r
of termination letter, in case of termination of the contract a
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ii in art arts ro ortionate to the contract rice of the ill sche ule to which
the terminate art of work elongs i e
P AxB C where,
P Pro ortionate Bank uarantee Amount
A Contract Price of the articular ill sche ule to which the terminate
art of work elongs
B Performance uarantee amount in terms of CC su clause 2
C Total Contract Price
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Plus a itional Performance uarantee amount if an taken in terms of su

clause 35 5 of TB an not ue for release on the ate of issue of
termination letter against that articular ill che ule to whi which the
terminate art of the work elongs in case of termination in art arts
c release an a ment ue to the contractor for works execu
execute rior to
termination an evaluation un er clause 15 3 valuation at ate of termination,
however, if this time the Contractor has faile to make a a ment ue to the
m lo er, the same will e e ucte from the a ment ue an an alance
remaining shall then e ai to the Contractor
15.5 E p o er The m lo er shall e entitle to terminate the Contract, at an time for the
E tit e e t to m lo er s convenience, giving notice of such termination to the Contractor
Ter i atio or The termination shall take effect 28 a s after the later of the ates on which
Co e ie e the Contractor receives this notice or the m lo er returns the Performance
ecurit The m lo er shall not terminate the Contract un er this u -Clause
in or er to execute the orks himself or to arrange for the orks to e
execute another contractor or to avoi a termination of the Contract the
Contractor un er Clause 16 2 Termination Contractor
After this termination, the Contractor shall rocee in accor ance with u -
Clause 16 3 Cessation of ork an emoval of Contractor s ui ment an

shall e ai in accor ance with u -Clause 19 1 Pa ment an elease in
case of tional Termination
15.6 Corr pt or f the m lo er etermines that the Contractor has engage in corru t,
Fra d e t frau ulent, collusive or coercive ractices, in com eting for or in executing the
Pra ti e Contract, then the m lo er ma , after giving 1 a s notice to the Contractor,
terminate the Contractor s em lo ment un er the Contract an ex el him from
the ite, an the rovisions of Clause 15 shall a l as if such ex ulsion ha
een ma e un er u -Clause 15 2
For the ur oses of this u -Clause
a “corrupt practice” means the offering, giving, receiving of soliciting of any
thing of "value to influence the action of a public official in the
procurement process or in the Contract execution.
“fraudulent practice”
ractice” means a misrepresentation of facts in order to
influence a procurement process or the execution of the Contract to the
includes collusive practice among Bidders
detriment of the Employer, and includes
(prior to or after bid submission) designed to establish bid prices at
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artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition.
c “collusive practice” means a scheme or arrangement between two or
more bidders, with or without the knowledge of the Employer, designed to
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establish bid prices at artificial, noncompetitive levels.
“coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the
procurement process or affect the execution of a contract.
16. S pe io a d Ter i atio Co tra tor
16.1 Co tra tor f the ngineer fails to certif in accor ance with u -Clause 1 6 ssue of
E tit e e t to nterim Pa ment Certificates or the m lo er fails to com l with u -Clause
S pe d Wor 2 m lo er s Financial Arrangements or u -Clause 1 7 Pa ment , the
Contractor ma , after giving not less than 21 a s notice to the
t m lo er,
sus en work or re uce the rate of work unless an until the Contractor has
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receive the Pa ment Certificate, reasona le evi ence or a men ment, as the
case ma e an as escri e in the notice
The Contractor s action shall not reju ice his entitlements to interest un er
u -Clause 1 8 Dela e Pa ment an to termination un er u --Clause 16 2
Termination Contractor
f the Contractor su se uentl receives such Pa ment Certificate, evi ence or
a ment as escri e in the relevant u -Clause an in the a ove notice
efore giving a notice of termination, the Contractor shall resume normal
working as soon as is reasona l ractica le
f the Contractor suffers ela an or incurs Cost as a result of sus en ing
work or re ucing the rate of work in accor ance with this u -Clause, the
Contractor shall give notice to the ngineer an shall e entitle su ject to
u -Clause 20 1 Contractor s Claims to
(b) a ment of an such Cost lus rofit, which shall e inclu e in the
Contract Price
16.2 Ter i atio The Contractor shall e entitle to terminate the Contract if
Co tra tor
(a) the Contractor oes not receive the reasona le evi ence within 2 a s
after giving notice un er u -Clause 16 1 Contractor s ntitlement to
us en ork in res ect of a failure to com l with u -Clause 2
m lo er s Financial Arrangements ,
(b) the ngineer fails, within 56 a s after receiving a tatement an
su orting ocuments, to issue the relevant Pa ment Certificate,
(c) the Contractor oes not receive the amount ue un er an nterim
Pa ment Certificate within 2 a s after the ex ir of the time state in
u -Clause 1 7 Pa ment within which a ment is to e ma e e exce t
for e uctions in accor ance with u -Clause 2 5 m lo er s ClClaims ,
(d) a rolonge sus ension affects the whole of the orks as escri e in
u -Clause 8 11 Prolonge us ension , or
(e) the m lo er ecomes ankru t or or insolvent, goes into li ui ation,
ati has a
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receiving or a ministration or er ma e against him, com oun s w with his
cre itors, or carries on usiness un er a receiver, trustee or manager for
the enefit of his cre itors, or if an act is one or event oc occurs which
un er a lica le aws has a similar effect to an of these ac acts or
events
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n an of these events or circumstances, the Contractor ma , u on giving 1
a s notice to the m lo er, terminate the Contract owever, in the case of
su - aragra h or e , the Contractor ma notice terminate
terminat the Contract
imme iatel
The Contractor s election to terminate the Contract shall not reju ice an
other rights of the Contractor,
Contractor un er the Contract or otherwise
16.3 Ce atio o Wor After a notice of termination un er u -Clause 15 5 m lo er s ntitlement to

a d Re o a o Termination , u -Clause 16 2 T Termination Contractor or u -Clause 19 1
Co tra tor tional Termination, Pa ment an elease has taken effect, tthe Contractor
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E ip e t shall rom tl
(a) cease all further work, exce t for such work as ma have een iinstructe
the ngineer for the rotection of life or ro ert or for tthe safet of
the orks,
(b) han over Contractor s Documents, Plant, aterials an other work, for
which the Contractor has receive a ment, an
(c) remove all other oo s from the ite, exce t as necessar for safet ,
an leave the ite
16.4 Pa e t o After a notice of termination un er u -Clause 16 2 Termination

Ter i atio Contractor has taken effect, the m lo er shall rom tl
(a) return the Performance ecurit to the Contractor,
(b) a the Contractor in accor ance with u -Clause 19 1 tional
Termination, Pa ment an elease , an
(c) shoul the contract e terminate un er su -clause 15 5 of this clause
an the contractor claims a ment for ex en iture incurre him in the
ex ectation of com leting the whole of the work, the m lo er shall
a mit an consi er such claims as are eeme reasona le an are

su orte vouchers to the satisfaction of the ngineer The
m lo er s ecision on the necessit an ro riet of such ex en iture
shall e final an conclusive
(d) The Contractor shall have no claim to an a ment of com ensation or
otherwise, howsoever on account of an rofit or a vantage which he
might have erive from the execution of the work in full ut which he i
not erive in conse uence of termination of contract
17. Ri a d Re po i i it
17.1 I de itie The Contractor shall in emnif an hol harmless the m lo er, the
m lo er s Personnel, an their res ective agents, against an from all claims,
amages, losses an ex enses inclu ing legal fees an ex enses in res ect
of
(a) o il injur , sickness, isease or eath, of an erson inclu ing railwa
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user whatsoever arising out of or in the course of or reason of the
Contractor s esign if an , the execution an com letion of tthe orks
an the reme ing of an efects, unless attri uta le to an negligence,
wilful act or reach of the Contract the m lo er, the m lo er s
Personnel, or an of their res ective agents, an
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(b) amage to or loss of an ro ert , real or ersonal other than the
orks , to the extent that such amage or loss arises out of or in the
course of or reason of the Contractor s esign if an , the execution
an com letion of the orks an the reme ing of an efects, u unless
an to the extent that an such amage or loss is attri uta le to an
negligence, wilful act or reach of the Contract e the
the m lo er,
m lo er s Personnel,, their res ective agents, or an one irectl
irec or
in irectl em lo e an of them
The m lo er shall in emnif an hol harmless the Contractor, the
Contractor s Personnel, an their res ective agents, against an from all
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claims, amages, losses an ex enses inclu ing legal fees an ex enses in

res ect of 1 o il injur , sickness, isease or eath, which is attri uta le to
an negligence, wilful act or reach of the Contract the m lo er, the
m lo er s Personnel, or an of their res ective agents, an 2 the matters for
which lia ilit ma e exclu e from insurance cover, as escri e in su -
aragra hs i , ii an iii of u -Clause 18 3 nsurance Against njur to
Persons an Damage to Pro ert
17.2 Co tra tor The Contractor shall take full res onsi ilit for the care of the orks an
Care o t e oo s from the Commencement Date until the Taking- ver Certificate is
Wor issue or is eeme to e issue un er u -Clause 10 1 Taking ver of the
orks an ections for the orks, when res onsi ilit for the care of the
orks shall ass to the m lo er f a Taking- ver Certificate is issue or is
so eeme to e issue for an ection or art of the orks, res onsi ilit for
the care of the ection or art shall then ass to the m lo er
After res onsi ilit has accor ingl asse to the m lo er, the Contractor
shall take res onsi ilit for the care of an work which is outstan ing on the
ate state in a Taking- ver Certificate, until this outstan ing work has een
com lete

f an loss or amage ha ens to the orks, oo s or Contractor s

Documents uring the erio when the Contractor is res onsi le for their care,
from an cause not liste in u -Clause 17 3 m lo er s isks , the
Contractor shall rectif the loss or amage at the Contractor s risk an cost, so
that the orks, oo s an Contractor s Documents conform with the Contract
The Contractor shall e lia le for an loss or amage cause an actions
erforme the Contractor after a Taking- ver Certificate has een issue
The Contractor shall also e lia le for an loss or amage which occurs after a
Taking- ver Certificate has een issue an which arose from a revious
event for which the Contractor was lia le
17.3 E p o er The risks referre to in u -Clause 17 elow, insofar as the irectl affect
Ri the execution of the works in the Countr , are
a war, hostilities whether war e eclare or not , invasio
invasion, act of foreign
enemies,
re ellion, terrorism, sa otage ersons other than the C
Contractor s
Personnel, revolution, insurrection, militar or usur e ower, or civil war,
within the Countr ,
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c riot, commotion or isor er within the Countr ersons other than the
Contractor s Personnel,
munitions of war, ex losive materials, ionising ra iation or contamination
ra io-activit , within the Countr , exce t as ma e attri utau le to the
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Contractor s use of such munitions, ex losives, ra iation or ra io-activit ,
e ressure waves cause aircraft or other aerial evices travelling at
sonic or su ersonic s ee s,
f use or occu ation Perma
the m lo er of an art of the Permanent orks,
exce t as ma e s ecifie in the Contract,
g esign of an art of the orks Personne or
the m lo er s Personnel others
for whom the m lo er is res onsi le, an
h an o eration of the forces of nature which is nforeseea le or against
which an ex erience contractor coul not reasona l have een
ex ecte to have taken a e uate reventative recautions
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17.4 Co e e e o f an to the extent that an of the risks liste in u -Clause 17 3 a ove results
E p o er Ri in loss or amage to the orks, oo s or Contractor s Documents, the
Contractor shall rom tl give notice to the ngineer an shall rectif this loss
or amage to the extent re uire the ngineer
f the Contractor suffers ela an or incurs Cost from rectif ing this loss or
amage, the Contractor shall give a further notice to the ngineer an shall e
entitle su ject to u -Clause 20 1 Contractor s Claims to
(b) a ment of an such Cost, which shall e inclu e in the Contract Price
n the case of su - aragra hs f an g of u -Clause 17 3 m lo er s
isks , Cost shall e a a le
17.5 I te e t a a d n this u -Clause, infringement means an infringement or allege

I d tria infringement ofan atent, registere esign, co right, tra e mark, tra e
Propert Ri t name, tra e secret or other intellectual or in ustrial ro ert right relating to the
orks an claim means a claim or rocee ings ursuing a claim alleging
an infringement
henever a Part oes not give notice to the other Part of an claim within 28
a s of receiving the claim, the first Part shall e eeme to have waive an
right to in emnit un er this u -Clause
The m lo er shall in emnif an hol the Contractor harmless against an
from an claim alleging an infringement which is or was
(a) an unavoi a le result of the Contractor s com liance with the Contract,
or
(b) a result of an orks eing use the m lo er
(i) for a ur ose other than that in icate , or reasona l to e
inferre from, the Contract, or
(ii) in conjunction with an thing not su lie the Contractor, u
unless
such use was isclose to the Contractor rior to the Base Date or
is state in the Contract
The Contractor shall in emnif an hol the m lo er harmless a against an
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from an other claim which arises out of or in relation to i the manufacture,
use, sale or im ort of an oo s, or ii an esign for which the Contractor is
res onsi le
f a Part is entitle to e in emnifie un er this u -Clause, the in emnif ing
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Part ma at its cost con uct negotiations for the settlement of the claim, an
an litigation or ar itration which ma arise from it The othe other Part shall, at the
contesting the claim This
re uest an cost of the in emnif ing Part , assist in contestin
other Part an its Personnel shall not make an a mission wh which might e
reju icial to the in emnif ing Part , unless the in emnif ing Part faile to take
over the con uct of an negotiations, litigation or ar itration u on eing re ueste
to o so such other Part
17.6 Li itatio o Neither Part shall e lia le to the other Part for loss of us
use of an orks, loss
Lia i it of rofit, loss of an contract or for an in irect or conse uential ue loss or
amage which ma e suffere the other Part in connection with w the
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Contract, rovi e that this exclusion shall not a l to an o ligation of the

Contractor to a Dela Damages to the m lo er un er u -Claus -Clause 8 7
Dela Damages
The total lia ilit of the Contractor to the m lo er, un er or in connection with
the Contract other than un er u -Clause 19 lectricit , at ater an as ,
u -Clause 20 m lo er s ui ment an Free- ssue aterial , u -Clause
17 1 n emnities an u -Clause 17 5 ntellectual an n ustrial Pro ert
ights , shall not excee the sum as s ecifie in the Contract Data or if
nothing is s ecifie in the Contract Data, the acce te Contract Amount
This u -Clause shall not limit lia ilit in an case of frau , eli erate efault
or reckless miscon uct the efaulting Part
17.7 U e o E p o er The Contractor shall take full res onsi ilit for the care of the m lo er
A o odatio / rovi e accommo ation an facilities, if an , as etaile in the ecification,
Fa i itie from the res ective ates of han -over to the Contractor until cessation of
occu ation where han -over or cessation of occu ation ma take lace after
the ate state in the Taking- ver Certificate for the orks
f an loss or amage ha ens to an of the a ove items while the Contractor
is res onsi le for their care arising from an cause whatsoever other than
those for which the m lo er is lia le, the Contractor shall, at his own cost,
rectif the loss or amage to the satisfaction of the ngineer
18. I ra e
18.1 Ge era n this Clause, insuring Part means, for each t e of insurance, the Part
Re ire e t or res onsi le for effecting an maintaining the insurance s ecifi
ecifie in the
I ra e
relevant u -Clause
herever the Contractor is the insuring Part , each insurance sshall e
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effecte with insurers an in terms a rove the m lo er T These
terms shall e consistent with an terms agree oth Parties efore
the ate of the etter of Acce tance This agreement of terms s shall take
rece ence over the rovisions of this Clause
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herever the m lo er is the insuring Part , each insurance shashall e
effecte with insurers an in terms consistent with the etails annexe to
the ecial Con itions of Contract
f a olic is re uire to in emnif joint insure , the cover sshall a l
se aratel to each insure as though a se arate olic ha een issue
for each of the joint insure f a olic in emnifies a itionitional joint
insure , namel in a ition to the insure s ecifie in this ClClause, i the
Contractor shall act un er the olic on ehalf of these a iti itional joint
insure exce t that the m lo er shall act for m lo er s Personnel,
Perso ii
a itional joint insure shall not e entitle to receive a me ments irectl
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from the insurer or to have an other irect ealings with the insurer,
an iii the insuring Part sha shall re uire all a itional joint insure to
com l with the con itions sti ulate in the olic
ach olic insuring against loss or amage shall rovi e for a ments
to e ma e in the currencies re uire to rectif the loss or amage
Pa ments receive from insurers shall e use for the rectification of the
loss or amage
The relevant insuring Part shall, within the res ective erio s state in
the Contract Data calculate from the Commencement Date , su mit to
the other Part
(a) evi ence that the insurances escri e in this Clause have een
effecte , an
(b) co ies of the olicies for the insurances escri e in u -Clause
18 2 nsurance for orks an Contractor s ui ment an u -
Clause 18 3 nsurance against njur to Persons an Damage to

Pro ert
(c) f the contractor fails to su mit evi ence an co ies of the olicies
as mentione in a a ove to rove that the olicies have
een o taine within the erio s ecifie in the contract ata, an
su mits the same later on an from the su mitte evi ence it is
foun that the olicies have not een o taine within the erio
s ecifie , the m lo er shall recover ou le the cost of the
remium for the erio the olicies have een ela e
hen each remium is ai , the insuring Part shall su mit evi ence of
a ment to the other Part henever evi ence or olicies are
su mitte , the insuring Part shall also give notice to the ng
ngineer
ach Part shall com l with the con itions sti ulate in each of the
insurance olicies The insuring Part shall kee the insurers informe
of an relevant changes to the execution of the orks an ensur
ensure that
insurance is maintaine in accor ance with this Clause
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Neither Part shall make an material alteration to the terms o of an
insurance without the rior a roval of the other Part f an insurer
makes or attem ts to make an alteration, the Part first not
notifie the
insurer shall rom tl give notice to the other Part
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f the insuring Part fails to effect an kee in force an of the
insurances it is re uire to effect an maintain un er the Cont
Contract, or
fails to rovi e satisfactor evi ence an co ies of olicies in i
accor ance with this u -Clause, the other Part ma at its o tion an
without reju ice to an other right or reme insurance for the
effect insuranc
relevant coverage an a the remiums ue The insuring Part shall
a ou le the amount of these remiums to the other Part , an the
Contract Price shall e a juste accor ingl
Nothing in this Clause limits the o ligations, lia ilities or rres onsi ilities
of the Contractor or the m lo er, un er the other terms of the Contract
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or otherwise An amounts not insure or not recovere from the

insurers shall e orne the Contractor an or the m lo er iin
accor ance with these o ligatio
ligations, lia ilities or res onsi ilities owever,
if the insuring Part fails to effect an kee in force an insu insurance which
is availa le an which it is re uire to effect an maintain un er the
Contract, an the other Part neither a roves the omission nor effects
insurance for the coverage relevant to this efault, an mone s which
shoul have een recovera le un er this insurance shall e ai the
insuring Part
Pa ments one Part to the other Part shall e su ject to u -Clause
2 5 m lo er s Claims or u -Clause 20 1 Contractor s Claims , as
a lica le
The Contractor shall e entitle to lace all insurance relating to the Contract
inclu ing, ut not limite to the insurance referre to Clause 18 with insurers
from an eligi le source countr
18.2 I ra e or The Contractor shall insure the orks, Plant, aterials, inclu ing those issue
Wor a d the m lo er an Contractor s Documents for not less than the full
Co tra tor reinstatement cost inclu ing the costs of emolition, removal of e ris an
E ip e t rofessional fees an rofit, su ject to a maximum value in icate in Contract
Data. This insurance shall e effective from the ate which the evi ence is
to e su mitte un er su - aragra h a of u -Clause 18 1 eneral
e uirements for nsurances , until the ate of issue of the Taking- ver
Certificate for the orks
The insuring Part shall maintain this insurance to rovi e cover until the ate
of issue of the Performance Certificate, for loss or amage for which the
Contractor is lia le arising from a cause occurring rior to the issue of the
Taking- ver Certificate, an for loss or amage cause the Contractor in
the course of an other o erations inclu ing those un er Clause 11 Defects
ia ilit
The insuring Part shall insure the Contractor s ui ment for not less than the
full re lacement value, inclu ing eliver to ite For each it item of Contractor s
ui ment, the insurance shall e effective while it is eing trans
t orte to the
ite an until it is no longer re uire as Contractor s ui me
ment
nless otherwise state in the ecial Con itions of Contract, insurances
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un er this u -Clause
(a) shall e effecte an maintaine the Contractor as insuring Part ,
(b) shall e in the joint names of the Parties, who shall e jointl entitle to
receive a ments from the insurers, a ments eing hel or allo allocate
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etween the Parties for the sole ur ose of rectif ing the loss or amage,
(c) shall cover all loss an amage from an cause not liste in u -Clause
17 3 m lo er s isks ,
(d) shall also cover loss or amage to a art of the orks which is
attri uta le to the use or occu ation the m lo er of anothe
another art of
the orks, an loss or amage from the risks liste in su - ara aragra hs
c , g an h of u -Clause 17 3 m lo er s isks , exclu iing in each
case risks which are not insura le at commerciall reasona le terms,
with e ucti les er occurrence of not more than the amount statesta in
aragra h
the Contract Data if an amount is not so state , this su - ara
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shall not a l , an
(e) ma however exclu e loss of, amage to, an reinstatement of
i art of the orks which is in a efective con ition ue to a
efect in its esign, materials or workmanshi ut cover shall
inclu e an other arts which are lost or amage as a irect
result of this efective con ition an not as escri e in su -
aragra h ii elow ,
ii a art of the orks which is lost or amage in or er to
reinstate an other art of the orks if this other art is in a
efective con ition ue to a efect in its esign, materials or
workmanshi ,
iii a art of the orks which has een taken over the m lo er,
exce t to the extent that the Contractor is lia le for the loss or
amage, an
iv oo s while the are not in the Countr , su ject to u -Clause
1 5 Plant an aterials inten e for the orks
f, more than one ear after the Base Date, the cover escri e in su -

aragra h a ove ceases to e availa le at commerciall reasona le

terms, the Contractor shall as insuring Part give notice to the
m lo er, with su orting articulars The m lo er shall then i e
entitle su ject to u -Clause 2 5 m lo er s Claims to a ment of an
amount e uivalent to such commerciall reasona le terms as the
Contractor shoul have ex ecte to have ai for such cover, an ii e
eeme , unless he o tains the cover at commerciall reasona le terms,
to have a rove the omission un er u -Clause 18 1 eneral
e uirements for nsurances
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18.3 I ra e a ai t The insuring Part shall insure against each Part s lia ilit for an loss,
I r to Per o amage, eath or o il injur which ma occur to an h sical ro ert
a d Da a e to exce t things insure un er u -Clause 18 2 nsurance for orks an
Propert Contractor s ui ment or to an erson exce t ersons insure un er u -
Clause 18 nsurance for Contractor s Personnel , which ma arise out of the
Contractor s erformance of the Contract an occurring efore the issue of the
Performance Certificate
This insurance shall e for a limit er occurrence of not less than the amount
state in the Contract Data, with no limit on the num er of occurrences f an
amount is not state in the Contract Data, this u -Clause shall not a l
nless otherwise state in the ecial Con itions of Contract, the insurances
s ecifie in this u -Clause
a shall e effecte an maintaine insur
the Contractor as insuring Part ,
shall e in the joint names of the Parties,
c shall e exten e to cover lia ilit for all loss an amag to the
amage
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m lo er s ro ert inclu ing ailwa s Pro ert exce t things insure
erforma
un er u -Clause 18 2 arising out of the Contractor s erformance of the
Contract, an
ma however exclu e lia ilit to the extent that it arises from
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(i) the m lo er s right to have the Permanent orks execute on,
over, un er, in or through an lan , an to occu this lan fo
for the
Permanent orks,
(ii) amage which is an unavoi a le result of the Contractor s
o ligations to execute the orks an reme an efects, an
(iii) a cause liste in u -Clause 17 3 m lo er s isks , exce t to the
extent that cover is availa le at commerciall reasona le terms
18 I ra e or The Contractor shall a i e the rovisions of C Act, 19 8 exten e from

Co tra tor time to time to take care of insurance against lia ilit for cclaims, amages,
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Per o e losses an ex enses inclu ing legal fees an ex enses arising from injur ,
sickness or isease n a ition the contractor shall also maintain
main insurance
eath of an erson em lo e
against lia ilit for claim of eat the Contractor or
an other of the Contractor s Personnel
The m lo er an the ngineer shall also e in emnifie un er the olic of
insurance, exce t that this insurance ma exclu e losses an claims to the
extent that the arise from an act or neglect of the m lo er or of the
m lo er s Personnel
The insurance shall e maintaine in full force an effect uring the whole time
that these ersonnel are assisting in the execution of the orks For a
u contractor s em lo ees, the insurance ma e effecte the
u contractor, ut the Contractor shall e res onsi le for com liance with this
Clause
19. For e Ma e re f at an time, uring the continuance of this contract, the erformance in whole
or in art either art of an o ligation un er this contract shall e revente
or ela e reason of an war, hostilit , acts of u lic enem , civil
commotion, sa otage, serious loss or amage fire, ex losions, e i emics,
strikes, lockouts or acts of o hereinafter referre to events rovi e ,
notice of the ha ening of an such event is given either art to the other
within 1 a s from the ate of occurrence thereof, neither art shall
reason of such event, e entitle to terminate this contract nor shall either art
have an claim for amages against the other in res ect of such non-
erformance of ela in erformance, an works un er the contract shall e
resume as soon as ractica le after such event has come to an en or
cease to exist, an ecision of the ngineer as to whether the works have
een so resume or not shall e final an conclusive, P D DF T
that if the erformance in whole or in art of an o ligation un er this contract
is revente or ela e reason of an such event for a continuous erio
excee ing 8 a s, either art ma at its o tion terminate the contract
giving notice to the other art
19.1 Payment and on such termination, the ngineer shall etermine the value of the
elease in case of work one an issue a Pa ment Certificate which shall inclu e
ptional (a) Theamounts a a le for an work carrie out for which a
Termination rice is state in the contract;
(b) TheCost of Plant an aterials or ere for the orks
which have een elivere to the Contractor, or of which
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the contractor is lia le to acce t eliver this Plant an
materials shall ecome the ro ert of an e at the risk
of the m lo er when ai for the m lo er, the
Contractor shall lace the same at the m lo er s
is osal;
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(c) therCosts or lia ilities su orte necessar
ocumentar evi ence which in the circumstances were
reasona l an necessaril incurre the Contractor in
the ex ectation of com leting the orks as er mutuall
agree rogramme.
the Cost of removal of Tem orar orks an Contractor s

ui ment from the ite an the return of these items to
the Contractor s works in his countr or to an other
estination at no greater cost
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20. C ai , Di p te a d Ar itratio
20.1 Co tra tor f the Contractor consi ers himself to e entitle to an exten
extension of the Time
C ai for Com letion an or an a itional a ment, un er an Clause of these
Con itions or otherwise in connection with the Contract, the Contractor shall
give notice to the ngineer, escri ing the event or circumstance giving rise to
the claim The notice shall e given as soon as ractica le, an not later than
28 a s after the Contractor ecame aware, or shoul have ecome aware, of
the event or circumstance
f the Contractor fails to give notice of a claim within such erio of 28 a s,
the Time for Com letion shall not e exten e , the Contractor shall not e
entitle to a itional a ment, an the m lo er shall e ischarge from all
lia ilit in connection with the claim therwise, the following rovisions of this
u -Clause shall a l
The Contractor shall also su mit an other notices which are re uire the
Contract, an su orting articulars for the claim, all as relevant to such event
or circumstance
The Contractor shall kee such contem orar recor s as ma e necessar to

su stantiate an claim, either on the ite or at another location acce ta le to
the ngineer ithout a mitting the m lo er s lia ilit , the ngineer ma ,
after receiving an notice un er this u -Clause, monitor the recor -kee ing
an or instruct the Contractor to kee further contem orar recor s The
Contractor shall ermit the ngineer to ins ect all these recor s, an shall if
instructe su mit co ies to the ngineer
ithin 2 a s after the Contractor ecame aware or shoul have ecome
aware of the event or circumstance giving rise to the claim, or within such
other erio as ma e ro ose the Contractor an a rove the
ngineer, the Contractor shall sen to the ngineer a full etaile claim
which inclu es full su orting articulars of the asis of the claim an of the
extension of time an or a itional a ment claime f the event or
circumstance giving rise to the claim has a continuing effect
(a) this full etaile claim shalll e consi ere as interim
(b) the Contractor shall sen further interim claims at monthl int
intervals,
giving the accumulate ela an or amount claime , an such fu further
articulars as the ngineer ma reasona l re uire an
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(c) the Contractor shall sen a final claim within 28 a s after th
the en of the
effects resulting from the event or circumstance, or within suc
such other
erio as ma e ro ose the Contractor an a rove the
ngineer
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ithin 2 a s after receiving a claim or an further articulars su orting a
revious claim, or within such other erio as ma e ro ose the
ngineer an a rove the Contractor, the ngineer shall res on with
a roval, or with isa roval an etaile comments e ma als also re uest
an necessar further articulars, ut shall nevertheless give his res onse on
the rinci les of the claim within such time
ach Pa ment Certificate shall inclu e such amounts for an claimcla as have
een reasona l su stantiate as ue un er the relevant rovision rovisi of the
sufficient to su stantiate
Contract nless an until the articulars su lie are suffici
the whole of the claim, the Contractor shall onl e entitle to t a ment for
such art of the claim as he has een a le to su stantiate
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The ngineer shall rocee in accor ance with u -Clause 3 5

Determinations to agree or etermine i the extension if an of the Time for
Com letion efore or after its ex ir in accor ance with u --Clause 8
xtension of Time for Com letion , an or ii the a itional a ment if an
to which the Contractor is entitle un er the Contract
The re uirements of this u -Clause are in a ition to those of an other u -
Clause which ma a l to a claim f the Contractor fails to com l with this or
another u -Clause in relation to an claim, an extension of time an or
a itional a ment shall take account of the extent if an to which the failure
has revente or reju ice ro er investigation of the claim, unless the claim
is exclu e un er the secon aragra h of this u -Clause
20.2 A i a e n case an is ute etween the ngineer an the Contractor for which claim
Sett e e t has alrea een ma e the contractor, remains unresolve , the Contractor
shall, then, give notice of issatisfaction an intention to commence ar itration
to the m lo er ul s ecif ing the su ject of the is ute or ifference as also
the amount of claim item wise The Parties shall make attem ts to settle the
is ute amica l efore the commencement of ar itration as er roce ure
lai own in olic letter no C Polic Ar itration 2007-08 ate 26 12 2018 or
an mo ification issue at a later ate circular enclose in ection 7 Part B

PCC owever, unless oth Parties agree otherwise, eman for ar itration
ma e ma e the contractor after ninet a s from the a on which a
notice of issatisfaction an intention to commence ar itration was given, even
if no attem t at amica le settlement has een ma e
20.3 Ar itratio Any dispute, in respect of which amicable settlement has not been reached,
arising between the Employer and the Domestic or Foreign Contractor related
to any matter arising out of or connected with this contract, then the contractor
shall be entitled to demand in writing that the dispute or difference be referred
to arbitration.
Only such dispute(s) or difference(s) in respect of which the demand had been
made for amicable settlement under GCC 20.2 but could not be settled, shall be
cumulative amount of claims
referred to arbitration subject to the condition that cumulativ
in the contract is not exceeding 20% of the contract price. In case the
cumulative amount of claims exceeds 20% of the contract price, arbitration
clause will not be applicable.
writ
The Arbitration proceedings shall commence from the day, a written and duly
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quantified demand for arbitration is received by Chairman and Managing
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Director, Rail Vikas Nigam Limited, New Delhi (CMD/RVNL).
arbitration
The disputes so referred to arbitr ation shall be settled in accordance
acc with the
Indian Arbitration & Conciliation Act, 1 6 and any statutory modification
m or
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re-enactment thereof.
Further, it is agreed between the parties as under:
20.3.1 Number of rbitrators The arbitral tribunal shall consist of three

arbitrators.
Procedure for ppointment of rbitrators The arbitrators shall be

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20.3.2
appointed as per following procedure:
(a) The Contractor, while invoking demand for arbitration, shall submit to
CMD/RVNL, claims duly quantified along with name and contact details
of his nominee arbitrator. Thereafter, he Employer will nominate his
nominee arbitrator within a period of 30 days from receipt of such
demand from the Contractor and will issue letter of appointment to both
the arbitrators appointed by the parties with a copy to the Contractor.
(b) The third Arbitrator shall be chosen by the two Arbitrators so appointed
by the parties and shall act as Presiding Arbitrator. In case of failure of
the two Arbitrators appointed by the parties to reach upon consensus
within a period of 30 days from the appointment of the Arbitrators
subsequently appointed, then, upon the request of either or both parties,
the Presiding Arbitrator shall be appointed by the Chairman and

Managing Director, Rail Vikas Nigam Limited, New Delhi.

(c) If one or more of the arbitrators appointed as above refuses to act as
arbitrator, withdraws from his office as arbitrator, or vacates his/their
office/offices or is/are unable or unwilling to perform his functions as
arbitrator for any reason whatsoever or dies or in the opinion of the
CMD/RVNL fails to act without undue delay, the CMD/RVNL shall
appoint new arbitrator/arbitrators to act in his/their place except in case
of new Presiding Arbitrator who shall be chosen following the same
procedure as mentioned in para (b) above. Such re-constituted Tribunal
may, at its discretion, proceed with the reference from the stage at which
it was left by the previous arbitrator(s).
ualification and perience of rbitrators to be appointed as per sub-

20.3.3 clause . . above The contract being of specialized nature requiring
knowledge and experience of dealing with construction contracts contracts, the
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an experience as
arbitrators to be appointed shall have minimum qualification and
under:
Arbitrator shall be;
a working/retired officer (not below E- grade and above in a P
PSU with which
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RVNL has no business relationship) of any discipline of Engineering
Enginee or
Management of
Accounts/Finance department, having experience in Contract Mana
construction contracts; or
or
below the AG level) of any Engineering/Accounts
a retired officer (retired not below Engi
Services of Central Government, having experience in Contract M Management of
retired more than 3
construction contracts; ora retired officer who should have ret
years previously from the date of appointment as Arbitrator (retired
(re not below
E- grade in RVNL or a PSU with which RVNL has a business relat relationship) of
any Engineering discipline or Accounts department, having experience
exper in
Contract Management of construction contracts.
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No person other than the persons appointed as per above procedu

procedure and having
above qualification and experience shall act as Arbitrator. In case any person
having the qualification and experience other than that mentioned
mention above is
nominated as arbitrator, the arbitration clause shall cease to exist and shall not
be applicable.
No new claim, except as otherwise mutually agreed by the Parties, shall be
added during proceedings by either party. owever, a party may amend or
20.3.4
supplement the original claim or defence thereof during the course of
arbitration proceedings subject to acceptance by Tribunal having due regard to
the delay in making it.
Neither party shall be limited in the proceedings before such arbitrators to the
20.3.5
evidence nor did arguments previously put before during amicable settlement.
The reference to arbitration may proceed, notwithstanding that the orks shall
not then be or be alleged to be complete, provided always that the obligations
20.3.6 of the Employer, the Engineer and the Contractor shall not be altered by the
reason of the arbitration being conducted during the progress of the orks.
Neither party shall be entitled to suspend the orks, nor shall payment to the
Contractor be withheld on account of such proceedings
If the contractor(s) does/do not prefer his/their specific and final claims in
writing, within a period of 0 days of receiving the intimation from the
20.3.7
Employer/Engineer that the final bill is ready for signature of the
contractor(s), he/they will be deemed to have waived his/their claim(s) and the
Employer shall be discharged and released of all liabilities under the contract
in respect of these claims.
Arbitration proceedings shall be held at New Delhi, India or at a place where

CPM/RVNL’s (dealing the contract) office is located, and the language of the
20.3.8 communica
arbitration proceedings and that of all documents and communications
between the parties shall be in English.
The Arbitral Tribunal should record day to day proceedings. Th
The proceedings
20.3.9 shall normally be conducted on the basis of documents and writt
written statements.
All arbitration awards shall be in writing and shall state item wise, the sum and
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detailed reasons upon which it is based.
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Any ruling on award shall be made by a majority of members of Tribunal. In
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the absence of such a majority, the views of the Presiding Arbitrator shall
20.3.10 prevail.
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A party may apply for correction of any computational errors, aany
typographical or clerical errors or any other error of similar nature occurring
in the award of a tribunal and interpretation of specific point of award to
tribunal within 60 days of the receipt of award.
A party may apply to tribunal within 60 days of receipt of awar
award to make an
additional award as to claims presented in the arbitral proceed
proceedings but omitted
from the arbitral award.
here the Arbitral award is for the payment of money, no intere
interest shall be
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20.3.11 payable on whole or any part of the money for any period till tthe date on
which the award is made.
The fees and other charges of the conciliator/arbitrators shall be as per the fee
20.3.12 structure fixed by the employer (enclosed as Annexure 3 to section 7) and as
amended from time to time irrespective of the fact whether the Arbitrator(s)
is/are appointed by the parties or by the Court of law unless specifically
directed by on’ble Court otherwise on the matter, and shall be shared equally
by the Employer and the Contractor. owever, the expenses incurred by each
party in connection with the preparation, presentation will be borne by itself.
21. ri di tio o The Contract Agreement shall e su ject to exclusive juris iction of Courts as
o rt in icate in the Contract Data

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SALIENT FEATURES OF SOME MA OR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS

ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK
The laws as current on the ate

te of i o ening will a l
a Wor e Co pe atio A t 1923 The Act rovi es for com ensation in

case of injur acci ent arising out of an uring the course of em lo ment
Pa e t o Grat it A t 1972 ratuit is a a le to an em lo ee un er the
L
em
Act on satisfaction of certain con itions on se aration if an em lo ee has
com lete 5 ears service or more or on eath the rate of 15 a s wages for
ever com lete ear of service The Act is a lica le to all e esta lishments
em lo ing 10 or more em lo ees
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c E p o ee P.F. a d Mi e a eo Pro i io A t 1952 ( i e a e ded):
The Act Provi es for monthl contri utions the em lo er lus workers
10 or 8 33 The enefits a a le un er the Act are
i Pension or famil ension on retirement or eath, as the case ma e

ii De osit linke insurance on the eath in harness of the wo
worker
iii a ment of P F accumulation on retirement eath etc
Mater it Be e it A t 1951 The Act rovi es for leave an some other

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miscarriage etc
enefits to women em lo ees in case of confinement or miscarria
e Co tra t La o r (Re atio & A o itio ) A t 1970 The Act rovi es for
certain welfare measures to e rovi e the Contractor to contract la our
an in case the Contractor fails to rovi e, the same are re ui uire to e
rovi e , the Princi al m lo er aw The Princi al m lo er is
re uire to take Certificate of egistration an the Contractor is re uire to
take license from the esignate fficer The Act is a lica le to the
esta lishments or Contractor of Princi al m lo er if the em lo 20 or more
contract la our
f Mi i Wa e A t 1948 The m lo er is su ose to a not less than

the inimum ages fixe a ro riate overnment as er rovisions of the
Act if the em lo ment is a sche ule em lo ment Construction of Buil ings,
oa s, unwa s are sche ule em lo ments

g Pa e t o Wa e A t 1936: t la s own as to what ate the wages

are to e ai , when it will e ai an what e uctions can e ma e from the
wages of the workers
h E a Re eratio A t 1979 The Act rovi es for a ment of e ual

wages for work of e ual nature to ale an Female workers an for not
making iscrimination against Female em lo ees in the matters of transfers,
training an romotions etc
i Pa e t o Bo A t 1965 The Act is a lica le to all esta lishments

em lo ing 20 or more em lo ees The Act rovi es for a ments of annual
onus su ject to a minimum of 8 33 of wages an maximum of 20 of
wages to em lo ees rawing s 3500 - er month or less The onus onu to e
ai to em lo ees getting s 2500 - er month or a ove u to s 3500 - er
month shall e worke out taking wages as s 2500 - er month onl The
Act oes not a l to certain esta lishments The newl set-u
esta lishments are exem te for five ears in certain circumstances
circumstances ome of
the tate overnments have re uce the em lo ment si e from 20 to 10 for
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the ur ose of a lica ilit of this Act
j I d tria Di p te A t 1947 The Act la s own the machiner an

situations a strike or
roce ure for resolution of n ustrial is utes, in what situat
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lock-out ecomes illegal an what are the re uirements for la iing off or
retrenching the em lo ees or closing own the esta lishment
k I d tria E p o e t (Sta di Order ) A t 1946 t is a lica le to all

esta lishments em lo ing 100 or more workmen em lo ment si e rre uce
some of the tates an Central overnment to 50 The Act rovir es for
la ing own rules governing the con itions of em lo ment the m lo er on
matters rovi e in the Act an get the same certifie the esignate
Authorit
l Trade U io A t 1926: The Act la s own the roce ure for registration of
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tra e unions of workmen an em lo ers The Tra e nions registeregistere un er

criminal lia ilities
the Act have een given certain immunities from civil an crimi
m C i d La o r (Pro i itio & Re atio ) A t 1986 The Act rohi its

em lo ment of chil ren elow 1 ears of age in certain occu at
ations an
rocesses an rovi es for regulation of em lo ment of chil ren in all other
occu ations an rocesses m lo ment of Chil a our is rohi ite in
Buil ing an Construction n ustr
n I ter-State Mi ra t wor e (Re atio o E p o e t & Co ditio

o Ser i e) A t 1979: The Act is a lica le to an esta lishment which
em lo s 5 or more inter-state migrant workmen through an interme iar who
has recruite workmen in one state for em lo ment in the esta lishment
situate in another state The nter- tate migrant workmen, in an
esta lishment to which this Act ecomes a lica le, are re uire to e
rovi e certain facilities such as housing, me ical ai , travelling ex enses
from home u to the esta lishment an ack, etc

o T e B i di a d Ot er Co tr tio wor er (Re atio o

E p o e t a d Co ditio o Ser i e) A t 1996 a d t e Ce A t o
1996: All the esta lishments who carr on an uil ing or other construction
work an em lo s 10 or more workers are covere un er this Act All such
esta lishments are re uire to a cess at the rate not excee ing 2 of the
cost of construction as ma e mo ifie the overnment The m lo er of
the esta lishment is re uire to rovi e safet measures at the Buil ing or
construction work an other welfare measures, such as Canteens, First-Ai
facilities, Am ulance, ousing accommo ations for workers near the work
lace etc The m lo er to whom the Act a lies has to o tain a registration
certificate from the egistering fficer a ointe the overnment
As er Central overnment ent s Notification No 2899 ate 26 09 1996

un er this act, the cess shall e levie construction works
1 of cost of constru
which shall e e ucte from each the contractor
h ill of the a ment ue to th
Fa torie A t 1948 The Act la s own the roce ure for a roval at lans
efore setting u a factor , health an safet rovisions, welfare
welfare rovisions,
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working hours, annual earne leave an ren ering information re regar ing
acci ents or angerous occurrences to esignate authorities t is a lica le
to remises em lo ing 10 ersons or more with ai of ower or 2 20 or more
ersons without the ai of ower engage in manufacturing rocess
roce
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T e E p o ee State I ra e A t, 1948 (A t No. 34 o 1948)
(Pro i io a e te ded ro ti e to ti e):An e):An Act to rovi e for certain
enefits to em lo ees in case of sickness, maternit an em lo ment injur
an to make rovision for certain other matters in relation thereto
the
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Section
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Spe ia Co ditio o Co tra t
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Part A: Co tra t Data
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Part B: Spe i i Pro i io

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Page Intentionally
Left Blank
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Section
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Spe ia /Parti ar Co ditio o
Co tra t
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Part A: Co tra t Data
ection 7 - Particular Con itions of Contract Part A Page 1 of 7

(Based on SBD updated upto 02.05.2020 for e-tendering)
Section S ecial onditions of ontract
Part ontract ata

onditions eference ata
to
loyer s na e and ail ikas Nigam imite
address A overnment of n ia nter rise
1 t Floor, August Kranti Bhavan,
Bhikaji Cama Place, K Puram
New Delhi -110 066
Tele 91-11-26182963 69 70 72
Fax 91-11-26182957
loyer s Chief Project anager K - ,
e resentati e ail ikas Nigam imite ,
2 , Desh ran hasmal oa
L
Besi es Toll gunge ailwa tation
Kolkata-700 033
Tel 033 2 2 -7338
Fax 033 2 2 -7332
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E- ai : te der o 2 ai . o
ngineer s na e and
address
efects otification
Period
Sections Pro ect Sections a e escri tion Ti e for o letion

) )
E tire Wor
PACKAGE ANVS: C N T CT N F
AD CT, A P ND ND CC
R
B C T C ,B P N
NC D N AT D K F 3 520
K N T F C 25891 527 T C
29 10 989 B T N TN P CP-760
N A C T C NT - T N
P NT T T A A AT B AN
BANDA TAT N A D NC D N T
TAT N AB ND A T T A P AD ont s
T A A D K
A C T CT A , CT CA ,
C AN CA , AT N , NT AT N, A
C ND T N N , F D T CT N, F
PP N T P B C A T
N N N K NN A A-
B ANBANDA T C D F
K KATA T A A N , T
B N A


to
(Entire Works):
Key Dates
Ke 02 onths from
Date 1 Commencement Key Dates as per Attachment
Ke 03 onths from “A” of Section -5 of Works
Date 2 Commencement Requirement, Chapter-1
Ke 15 onths from
Date 3 Commencement
Ke 18 onths from
Date Commencement
Ke 21 onths from
Date 5 Commencement
Ke 2 onths from
Date 6 Commencement
Ke 27 onths from
Date 7 Commencement
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Ke 30 onths from
Date 8 Commencement
Ke 33 onths from
Date 9 Commencement
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Ke 36 onths from
Date 10 Commencement
lectronic
trans ission syste s
ddress for Chief Project anager K - ,
o unication to ail ikas Nigam imite ,
loyer 2 , Desh ran hasmal oa
Besi es Toll gunge ailwa tation
Kolkata-700 033
Tel 033 2 2 -7338
R
Fax 033 2 2 -7332

-mail ten erkol2 gmail com
o erning La The Laws of Republic of India
uling language English
Language for English
co unications
Ti e for access to Starting from the Date of Commencement, 25% of the section will
Site
be handed over within 30days. Balance work sites will be handed
over in a phased manner depending on the mobilization and
progress of the work. The formal approval of site beyond VIP
Road station is awaited as on date and will become available
shortly from AAI and BP D.
Perfor ance Security a The Performance ecurit shall e for an amount of 10 Ten
ercent of the Acce te Contract Amount exclu ing T an in the
same currenc ies of the Acce te Contract amount in the


to
rescri e form for the state amount vali for a erio of 28 a s
e on issue of erformance certificate The contractor shall have
the following o tions
i to su mit full erformance securit for an amount e ual to 10
of the contract rice exclu ing T
or
ii to su mit art erformance securit for an amount e ual to 5
of the contract rice exclu ing T an the alance
erformance securit shall e recovere from interim a ment
certificates 10 of the ill amount starting from 1st ill till it
reaches full Performance ecurit The contractor shall not e
entitle to an interest on the amounts so recovere owever,
amount
the contractor shall e entitle for release of recovere amoun
of erformance securit against su mission of ank guarantee
of an e uivalent amount, maximum three times uring the
contract
A itional Performance ecurit , if an , shall e for an am amount as
etermine through
m lo er in terms of TB 35 5 an informe throug
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letter of awar an in the same currenc ies of the Acce te
Contract amount in the rescri e form vali for a erio of 28 a s
e on issue of erformance certificate
Proportionate 4.2
Performance
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NOT APPLICABLE
Security for a
particular
section
or al orking
ours
o ence ent of
orks
elay da ages for i 1 25000 of the Contract Price er a in the currencies an

t e orks ro ortions in which the Contract Price is a a le in case of ela in
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com letion for entire works

ii 1 25000 of the ro ortionate Contract Price er a in the currencies
an ro ortions in which the Contract Price is a a le in case ela
in com letion of a articular ke ates
a i u a ount of 87 10 ten ercent of the Contract Price
delay da ages
ount of onus for 1% of the Contract Price per month (part of the month to be
early co letion
excluded) on substantial completion of the work.
a i u li it of 5% of proportionate Contract Price.

onus
State a ital olkata

lica le
ection 7 - Particular Con itions of Contract Part A Page of 7


to
o ili ation ad ance Comprises of the percentage of Accepted Contract Amount payable in the
ay ent currencies and proportions in which the Accepted Contract Amount is payable
and in installments as mentioned below;
obili ation dvance nstallments
As per request of the Contractor Two Equal
subject to a maximum of 5%
Ti ing of o ili ation First nstallment within 21 Twent one a s from the ate of recei t of
d ance Pay ent guarantee acce ta le to m lo er
econ nstallment shall e release onl when the contractor s su mits
statement of having utili e the First nstallment of mo ili at
ation A vance
an the m lo er is satisfie that the utili ation has een one in
ur oseful manner This shall e release within 21 a s from the ate
of recei t of guarantee acce ta le to the m lo er
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d ance Pay ent The total a vance for Plant an achiner shall e limite to 5 of the
against Plant and Contract rice ach time a vance shall e ai within 21 a s from the
ac inery
ate of recei t of guarantee acce ta le to the m lo er su ject to the
fulfillment of other con itions
itions of the su -clause
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Interest on d ance At the rate of 8.15 % (Eight point One Five Per cent) simple interest per
Pay ent
annum on reducing balances.
e ay ent rate of 13 5 Thirteen an half ercent of the amount of each a ment if the
d ance ay ent a vance taken is 10 of the contract rice
20 Twent ercent of the amount of each a ment if the a van vance
taken is 15 of the contract rice
f the total a vance taken is less, the rate of recover shall e
ro ortionate
n case further a vance is taken un er su -clause 1 2 1 an or 1 2 2,
after re a ment has alrea een starte , the e a ment ate
shall e revise in the next a ment certificate as er following formula
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R A 100/(80 - i a ia pro re ti pre io pa e t

erti i ate)
here A is total outstan ing A vance as a ercentage of Contract
Price
f the Contractor returns art of the a vance amount on his own or on
the instructions of the m lo er or in the event that the Contractor has
faile to e osit the a vance amount as er eman of the m lo er
an the m lo er has su se uentl encashe the Bank uarantee s ,
then the rate of recover shall e suita l reworke consi ering the
alance amount of a vance ue to e recovere an to ensure that the
com lete recover of a vance an accrue interest is ma e within 80
of the financial rogress


to
Percentage of etention mone shall e e ucte 2 of the total value of
etention oney exclusive su l items of B
i against which last installment of stage a ment is inclu e in
the interim a ment certificate for items having stage a ment
con ition
ii full a ment against items not having an stage a ment
con ition inclu e in the interim a ment certificate
t is clarifie that retention mone is not a lica le to a vance a ment
un er clause 1 5 c
Li it of etention 2 of the Contract Price
oney
Plant and aterials Not a lica le

Plant an materials when elivere at site are
1 Cement
2 einforcement steel
3 Bri ge earings
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Pre-stresse ca les igh Tensile steel
mployers Ban details 14.7.1
for
a Nodal Branch (a) A i Ba Li ited, Gree Par Bra , New De i

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b ssuance ( ) A i Ba Li ited, Ma to , 538, Dia o d Har o r Road,
reimbursing Ko ata (IFS Code: UTIB0000721)
branch for
a imum Total iability 17.6 Acce te Contract Amount

of the ontractor
Periods for
su ission of
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insurance
a) e idence of
insurance a 1 a s
) rele ant 28 a s
olicies
a i u a ount of N
deducti les for
insurance of
loyer s risks
ini u a ount of
insurance y t e 100 un re ercent of contract
ontractor for orks
and ontractor s
Plant and aterials
including loss or
da age to
e ui ent


to
ini u a ount of
insurance y t e
ontractor for T ird
arty insurance
including da age to
s 2 two crores er occurrence without an limit for num er of
t er Pro erty and
ersonal in ury or occurrences
deat insurance for
a) for ot er eo le
and ) for
ontractor s
loyees
urisdiction of ourts Delhi
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Section
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Spe ia /Parti ar Co ditio o
Co tra t
Part B: Specific Provisions
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ection 7 - Particular Con itions of Contract Part B Page 1 of 19

SECTION 7
PART B
PARTICULAR CONDITIONS OF CONTRACT
henever there is a conflict or inconsistenc etween the rovisions of the

Particular Con itions of Contract ection 7 PA T B an the eneral Con itions
of Contract ection 6, the rovisions sti ulate in Particular Con itions of
Contract ection 7 PA T B shall revail an su erse e those a earing in the
eneral Con itions of Contract ection 6
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Section P TB Particular onditions of ontract
Ta le of lauses
eference Subject Page No. emar s

to Sub
lause
4.8 Annexure 1 Safety Provisions 4 Amended
8.13 Bonus for early completion 8 Replaced
13.8 Annexure 2A Adjustments for changes in cost, 11
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Percentages governing Price Adjustment
13.8 Annexure 2B Adjustments for changes in cost, 12
Percentages governing Price Adjustment for E&M
orks
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20.3.12 Annexure 3 Fee Structure for Arbitrators/ 15
Reconciliators
20.2 Annexure 4 Procedure for Amicable Settlement in 18
Contracts
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A e re 1 to Se tio 7
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ection 7 - Particular Con itions of Contract Part B Page of 19

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A. PCC or Co po ite & S te Co tra t
The contents of clause 8.13 of GCC stand replaced as under:-

. Bonus for If the Contractor achieves completion of the whole of the orks or any
early section(s) prior to the intended Completion Date prescribed in Contract
completion: data (Extension of time pursuant to Clause 8.4 or any other clause of
these conditions will not be considered), the Employer shall pay to the
Contractor a sum stated in the Contract data as bonus for early
completion, for every calendar month which shall elapse between the
date of completion of all items of works as stipulated in the contract,
including variations ordered by the Engineer and the time prescribed in
Railw has
Clause 8.2. owever, if the General Manager of the onal Railway
section( shall be
signed application for opening of the section(s), such section(s)
treated as substantially completed on the date 45 days after th
the date of
signing the application for the purposes of bonus under this cl clause
subject to the conditions that:-
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a) In case the CRS has authorized the opening of the section(s)
d
within 45 days from the date of signing the application, then date
of authorization shall be the date of completion.
b) In case the CRS has not authorized opening of the section(s) after
af
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having come for inspection within 45 days from the date of
signing the application, then the section(s) shall not be treated
treat as
substantially completed for the purposes of bonus under this
clause.
For the purpose of calculating bonus payments, the time given iin the Bid
for completion of the whole works or any section(s) is fixed anand unless
granting an
otherwise agreed, no adjustment of the time by reasons of grant
extension of time pursuant to clause 8.4 or any other clause of these
conditions will be allowed. Any period falling short of comple
completed month
shall be ignored for the purpose of computing the period relevant
releva for the
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payment of bonus.
B. PCC or RE Co tra t

completion: data (Extension of time pursuant to Clause 8.4 or any other clause of
these conditions will not be considered), the Employer shall pay to the
date of completion of all items of works as stipulated in the contract,
including variations ordered by the Engineer and the time prescribed in
Clause 8.2. owever, if the EIG for the particular section has been
sanctioned by the onal Railway and the section has been charged with
25 V, the section shall be considered to be substantially completed on
the date 45 days after the date of charging, for the purposes of bonus
under this clause subject to the conditions that:-
within 45 days from the date of signing the application, then date
of authorization shall be the date of completion.
b) In case the CRS has not authorized opening of the section(s) after
having come for inspection within 45 days from the date of
signing the application, then the section(s) shall not be treated as
clause.
For the purpose of calculating bonus payments, the time given in the Bid
for completion of the whole works or any section(s) is fixed and
an unless
otherwise agreed, no adjustment of the time by reasons of granting
grant an
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conditions will be allowed. Any period falling short of completed
comple month
releva for the
shall be ignored for the purpose of computing the period relevant
payment of bonus.
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C. PCC or Road ed Co tra t

completion::
completion data (Extension of time pursuant to Clause 8.4 or any other cla
clause of
these conditions will not be considered), the Employer shall pa
pay to the
date of completion of all items of works as stipulated in the ccontract,
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including variations ordered by the Engineer and the time presc

prescribed in
Clause 8.2. owever, on handing over of the particular section for
construction of O E foundations after completing formation, tur turfing,
side drains & protection works for the section excluding statio
station yards
but
ut including buildings required for commissioning of the section, the
section shall be considered to be substantially completed for the
purposes of first stage bonus payment.
If General Manager of the onal Railway has signed application for
opening of the section(s), such section(s) shall be treated as substantially
completed on the date 45 days after the date of signing the application
for the purposes of second stage bonus under this clause subject to the
conditions that:-
within 45 days from the date of signing the application, then
date of authorization shall be the date of completion.

b) In case the CRS has not authorized opening of the section(s)

after having come for inspection within 45 days from the date of
signing the application, then the section(s) shall not be treated as
clause.
For the purpose of calculating bonus payments, the time given in the Bid
for completion of the whole works or any section(s) is fixed and unless
otherwise agreed, no adjustment of the time by reasons of granting an
conditions will be allowed. Any period falling short of completed
month shall be ignored for the purpose of computing the period relevant
for the payment of bonus.
D. PCC or Brid e Co tra t
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completion: data (Extension of time pursuant to Clause 8.4 or any other cla clause of
these conditions will not be considered), the Employer shall pa pay to the
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date of completion of all items of works as stipulated in the ccontract,
including variations ordered by the Engineer and the time presc
prescribed in
Clause 8.2. owever, on completion of all PSC girder/slab brid bridges
including protection works and successful passing of load testing but
girder bridges,
excluding linking of track, and on completion of all steel gird
if any, including protection works but excluding load testing aand linking
of track on steel girder bridges, the section shall be consider
considered to be
substantially completed for the purposes of bonus payment under this
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clause. In case the particular section involves construction of steel

bridges,
b ridges, the payment of bonus shall only be done on successful p passing
of load testing of steel bridges but the bonus is to be calculated
calcula from the
comp
date of substantial completion as defined above.
For the purpose of calculating bonus payments, the time given iin the
Bid for completion of the whole works or any section(s) is fixed and
unless otherwise agreed, no adjustment of the time by reasons of
granting an extension of time pursuant to clause 8.4 or any other clause
of these conditions will be allowed. Any period falling short of
completed month shall be ignored for the purpose of computing the
period relevant for the payment of bonus.

Clause 13, Sub – Clause 13.8: Adjustment for changes in cost

Annexure 2A to Section 7
Percentages governing Price adjustment
Coefficients governing the adjustment of changes in cost

Bill of uantity ise component
S ost Sym Sch Sch- Sch-
No lement bol Sch Sch- Sch Sch Sch- Sch- Sch-
4
4 B
Fixed Px 15 15 15 15 15 15 15 15 15
Labour Pl 15 15 25 25 5 15 5 25 25
Steel P
s 0 50 5 5 75 10 0 20 0 ee
to
4 Cement Pc 15 0 15 5 0 0 75 15 0 nne
Plant u e
Machinery Pp 20 10 20 20 0 20 0 0 20 B to
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& Spares Se t
Fuel and on
Pf 20 5 15 15 5 25 5 10 20
Lubricants
Other
Pm 15 5 5 15 0 15 0 15 20
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Materials
Total 100 100 100 100 100 100 100 100 100
Schedule A1 : General and Structural works

Schedule A2 : Structural and other steel works
Schedule A3 : Architectural finishing works
Schedule A4 : Sanitary and plumbing works
Schedule A5 : Reinforcement steel works
Schedule A6 : Under Ground construction
construction of RCC Box (Cut & Cove
Cover, using diaphragm wall,
Ramp.
-Pile) and RCC Box Pushing works including construction of Ram
Schedule A7 : Supply of Cement
Schedule B : Site facility to the Employer and the Engineer
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Schedule C1 : Survey and Geotechnical Investigation works

Schedule C2 : Tree cutting and Barricading works
Schedule C3 : works
Traffic management and Utility Investigation work
Schedule C4 : Road works
Schedule C5 : Diversion of Civil Utility works
Schedule C6 : Electrical Utility works
Schedule D1 : Electrical works
Schedule D2 : Air conditioning System & Ventilation works
Schedule E : Fire Fighting & suppression system works
Note:
(i) For Coefficients governing the adjustment of changes in cost for works related to Electrical,
M&P and Fire Fighting, Refer to Annexure 2B to Section 7.
(ii) Under GCC clause 13.8 (c) (iii) relating to adjustment for Steel Component Formula‐I is for
all schedules except bill/schedule‐2B and 2C, Formula‐II and III is only for bill/Schedules
2B and 2C respectively. Since in the present BOQ there are no such bill/schedules as Bill 2B
and 2C, it is clarified that Formula‐II is applicable only for Schedule‐A2 and Formula‐III is
applicable for Schedule‐A5 and Formula‐I is applicable for all other Schedules of the instant
tender.
lause 1 Su lause 1 Price d ust ent

Annexure2B to Section 7
Per e ta e o er i Pri e ad t e t
Coe i ie t o er i t e ad t e to a e i o t
10 Price ariation
11 Prices uote the Ten erer shall e fixe throughout the Ten erer s erformance of the
Contract an not su ject to variation on an account exce t for items in icate in following
clause
12 The following e ui ment items exce t mil steel i ing use
use in firefighting - for mil steel
variatio as er relevant
i ing refer Para 1 3 elow shall e su ject to rice variation A
formula, given at Para 1 16 elow
Ta e 1: Ite der Pri e Variatio or a t e Pa a e
S Ite Sc edule eference for Ite for all Percentage
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escri tion o Packages ulti lier factor
under P
1 Sc edule 1
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Sc edule 1
Sc edule
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13 For mil steel i ing use in fire Detection tem No 10 1 10 6 Pi ing for Fire Fighting
f
s stem, che ule- the rice a justment shall e one as er formula given elow
Vs Ps / 100 X RI X (S1-S0) / S0
Vs Increase or decrease in the cost of work on the date under consideration due
to changes in the rates for Steel.
S0 The weighted average of index Numbers of holesale Prices in India by
Groups and Sub Groups (Averages) for
(i) MS Bright Bars under Mild Steel -Long Products sub-group
(weight 1)
(ii) Angles, Channels, Sections, steel (coated/not) under Mild
Steel -Long Products sub-group (weight 2)

published in RBI (Reserve Bank of India) Bulletin / website of the office of
the Economic Adviser in the month on the day 28 days prior to the closing
date of submission of Bids.
S1 The weighted average of index Numbers of holesale Prices in India by

Groups and Sub Groups (Averages) for
(i) MS Bright Bars under Mild Steel - Long Products sub-group
(weight 1)
(ii) Angles, Channels, Sections, steel (coated/not) under Mild Steel -
Long Products sub-group (weight 2)
published in RBI (Reserve Bank of India) Bulletin / website of the office of the
Economic Adviser in the month on the day 28 days prior to the last
last day of the period
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to which a particular interim payment certificate is related.
1 The rice variation shall e a a le on the asis of relevant A formulas we site

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www ieema org for items in a ove ta le
15 The rice variation on items e ui ment as in icate in clau
clause 1 2 a ove shall e a lica le
for su l rices onl The u l us
rice shall e etermine using res ective ercentage
in the ta le a ove over corres on ing uote B
multi lier factor as mentione in rates
16 For items covere un er A rice variation clause, the llatest ate of eliver for
hu re an eight
consi ering rice variation shall not e later than 180 one hun a s efore
the relevant Ke Date for commissioning of u -station For example, if the key date is
December, for item supplied after June (i.e. later than six months prior to key date) price
variation shall be calculated on the rate prevailing in June. owever, if the rice variation
calculate as er the actual ate of eliver is resulting in a rice a vantage to the m lo er,
the actual ate of eliver shall e consi ere for evaluating the rice variation
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17 The total a missi le rice variation amount for this Contract for lectrical Air Con itioning,
Fire Detection shall e su ject to a ceiling of 5 lus min
minus five ercent of the total
Contract Price of che ules D
18 D T D
19 Price variation that ma accrue uring the erio from the ate of ten er su mission will not
e consi ere for Ten er evaluation an for eci ing inter-se osition of the Ten erers
1 10 The erio of rice variation will e limite from the first working a of the Calen ar month,
one month rior to the ate of o ening of ten er to the first working a of the calen ar
month covering the ate two months rior to the ate of eliver rovi e however, in no
case such rice variation is a missi le e on 12 months after he ate of issue of etter of
Acce tance of the ten er n the case of eliver within 12 months from the ate of issue of
etter of Acce tance, the a lica le in ices governing, the ate of eliver are however as
er l A formula No escalation is however a a le for the exten e erio if such
extension is ue to the failure of the contractor
1 11 The amount as er formula mentione at 1 16 shall e e ucte from the ill in the
event of negative scalation variation
1 12 The rice variation as a ove shall e calculate in ever month an shall e

su mitte along with the invoice This escalation rice will not e acce te until or
unless the claim is su mitte along with the re uisite roof in A formula
1 13 The rice variation clause shall e a lica le for oth u war an ownwar revision
of the rice as er A formula
1 1 Pa ment recover on account of rice variation clause shall e ma e a juste while
making final a ments as er clause No 1 11 of ection-6 CC of ol-
1 15 Purchaser, however, shall have sole right to acce t reject the either in full or in art
as the case ma e
1 16 elevant A formula
Cir No D CAB 05 ate an 06, 2007 for P C an P nsulate
nsula
Ca les Cir No D T 05 ate an 05, 2001 for otating achi
achine
Note :
a t ma lease e note that onl latest notifications circ
circulars
ulars issue efore the ase
L
ate shall e consi ere for rice a justment
The a ove Notifications Circulars are for reference of the Ten erer an these are
also availa le on A we site www ieema org an for latest one, ten erer has
to own loa the current ones
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nne ure to Section
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nne ure 4 to Section
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Section
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ontract or s
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Page Intentionally
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Left Blank
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Se tio 8 - Co tra t For
This Section contains forms which, once completed, will form part of the
Contract. The forms for Performance Security and Advance Payment Security,
when required, shall only be completed by the successful Bidder after contract
award.
All italicized text is for guidance how to prepare the various forms and shall be
deleted from the final documents.
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Ta e o For
etter of Acce tance Form No C F 1 2

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Contract Agreement Form No C F 2 3
Form of Contract Performance ecurit

ecurit Form No C F 3 5
Form of a itional Performance ecurit 9
A vance Pa ment ecurit 12
Proforma for Bank uarantee for A vance against u l of Plant an aterials 16
Form of Bank uarantee For elease of Balance etention one 19

R
ection 8 Contract Forms Page 1 of 22

FORM No. COF/1
Letter o A epta e
[on letterhead paper of the Employer]
. . . . . . . date. . . . . . .
To [name and address of the Contractor]
u ject Insert Name and Identification number]……..[Notification of

Award]…..
This is to notif ou that our Bi ate [Insert Date] for execution of

the . . . [name of the contract and identification number, as given in the Contract
Data] . . . for the Acce te Contract Amount of the e uivalent of N . . . [Insert
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amount in numbers and words and name of the currency]. . , as correcte an
mo ifie in accor ance with the nstructions to Bi ers, is here here acce te
ou are re ueste to furnish the Performance ecurit within 28 a s in

accor ance with theCon itions of Contract, using for that ur o
ose the of the
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Performance ecurit Form No C F 3 inclu e in ection 8 Contract
Con Forms
of the Bi ing Document
Authori e ignature
Name an Title of ignator

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FORM No. COF/2
Co tra t A ree e t
T A NT ma e the a of , etween Name of the
Employer. . . hereinafter the m lo er , of the one art, an
name of the Contractor]. . 1. . . hereinafter the Contractor , of the other art
A the Employer esires that the orks known as name of the

Contract]. . . . .shoul e execute the Contractor, an has acce te a Bi
the Contractor for the execution an com letion of these orks an the
reme ing of an efects therein,
The m lo er an the Contractor agree as follows
1 n this Agreement wor s an ex ressions shall have the same meanings

as are res ectivel assigne to them in the Contract ocuments referre
to
2 The following ocuments shall e eeme to form an e rea an
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construe as art of this Agreement This Agreement shall revail
revail over all
other Contract ocuments
- the etter of Acce tance

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- the etter of Technical Bi
- the etter of Price Bi
- the A en a Nos any]. . . . .
insert addenda numbers if any]
- the ecial Con itions of Contract
Part A Contract Data
Part B ecific Provisions
- the eneral Con itions of Contract
- the ecification
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- the Drawings;
Drawings;
- the ork s e uirements
- the com lete che ules inclu ing rice Bill of uantities
- An other ocuments
3 n consi eration of the a ments to e ma e the m lo er to the

Contractor as in icate in this Agreement, the Contractor here
1
In case Contractor is a Joint Venture the ‘name of the contractor’ shall be inserted as under :
“the Joint Venture under the name and title of ……, comprising of ….[Lead Partner] ;…….; and
…..”
covenants with the m lo er to execute the orks an to reme efects

therein in conformit in all res ects with the rovisions of the Contract
The m lo er here covenants to a the Contractor in consi eration of

the execution an com letion of the orks an the reme ing of efects
therein, the Contract Price or such other sum as ma ecome a a le
un er the rovisions of the Contract at the times an in the manner
rescri e the Contract
N TN whereof the arties hereto have cause this Agreement to e execute in

accor ance with the laws of name of the borrowing country]. . . . .on the a ,
month an ear in icate a ove
igne igne
for an on ehalf of the m lo er Contra

for an on ehalf the Contractor
in the resence of in the resence of
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itness, Name, ignature, A ress, Date ignatu
itness, Name, ignature,
A ress, Date
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ection 8 Contract Forms Page of 22

COF/3
FORM OF CONTRACTPERFORMANCE SECURITY
(BANK GUARANTEE)
Refer Clause 41 of Instructions to Bidders]
(On non-judicial stamp paper of the appropriate value in accordance with
stamp Act. The stamp paper to be in the name of Executing Bank).
Fro :
Name an A ress of the Bank
To:
New Delhi-110 066
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A , ail ikas Nigam imite , hereinafter calle the E p o er, acting
through [Insert Designation and address of the Employer’s
Representative],, has acce te the i of [Insert Name and address of the
Contractor],, hereinafter calle the Co tra tor, for the work of [Insert Name of
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Work],, vi e Notification of Awar No [Insert Notification of Award No.]
AND
A , the contractor is re uire to furnish Performance ecu ecurit for the

sum of [Insert Value of Performance Security required]
required], in the form of ank
guarantee, eing a con ition rece ent to the signing of the co contract
agreement
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Bank] with its Branch [Address] having its

A , [Insert Name of the Bank],
ea uarters office at [Address],
[Address] hereinafter calle the Ba , acting through
Bank], have, at the re uest
[Designation(s) of the authorised person of the Bank]
of the [ nsert name of the JV partner] , a artner on ehalf of the contractor,
agree to give guarantee for erformance securit an a itiona itional erformance
securit as hereinafter containe
1 KN A N these resent that e the un ersigne [Insert

name(s) of authorized representatives of the Bank], eing full
authori e to sign an incur o ligations for an on ehalf of the Bank,
confirm that the Bank, here , uncon itionall an irrevoca l guarantee
to a the m lo er the full amount in the sum of [Insert Value of
Performance Security required] as a ove state

2 The Bank un ertakes to imme iatel a on resentation of eman

the m lo er an amount u to an inclu ing aforementione full
amount without an emur, reservation or recourse An such eman
ma e the m lo er on the Bank shall e final, conclusive an
in ing, a solute an une uivocal notwithstan ing an is utes raise
en ing efore an Court, Tri unal, Ar itration or an Authorit or an
threatene litigation the m lo er of Bank
3 n a ment of an amount less than aforementione full amount, as er

eman of the m lo er, the guarantee shall remain vali for the
alance amount i e the aforementione full amount less the a ment
ma e to the m lo er
The Bank shall a the amount as eman e imme iatel on resentation

of the eman m lo er without an reference to the contractor
contract an
reasons for
without the m lo er eing re uire to show groun s or give rea
its eman or the amount eman e
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5 The Bank uarantee shall e uncon itional an irrevoca le
6 The guarantee herein efore shall not e affecte an change in the

constitution of the Bank or in the constitution of the Contractor
Contract
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7 The Bank agrees that no change, a ition, mo ifications to the terms of the
Contract Agreement or to an ocuments, which have een or ma e
ma e etween the m lo er an the Contractor, will in an wa rrelease
us from the lia ilit un er this guarantee an the Bank, here , waives
an re uirement for notice of an such change, a ition or mo iification to
the Bank
8 This guarantee is vali an effective from the ate of iits issue, which is
[insert date of issue] The guarantee an our o ligations un er it will
ex ire on [Insert the date twenty eight days after the expected end
R
of defect liability period] All eman s for a ment un er the guarantee

must e receive us on or efore that ate
9 The Bank agrees that the m lo ers right to eman ment of

a men
aforementione full amount in one instance or eman a ments iin arts
totaling u to the aforementione full amount in several instances will e
vali until either the aforementione full amount is ai to the m lo er
or the guarantee is release m lo er efore the x ir ate
10 The Bank agrees that its o ligation to a an amount eman e the

m lo er efore the ex ir of this guarantee will continue until the
amount eman e has een ai in full

11 The ex ressions Bank an m lo er herein efore use shall inclu e

their res ective successors an assigns
12 The Bank here un ertakes not to revoke the guarantee uring its
currenc , exce t with the revious consent in writing of the em lo er
This guarantee is su ject to the niform ules for Deman uarantees,
CC Pu lication No 758
13 The uarantee shall e in a ition to an without reju ice to an other

securit uarantee s of the contractor in favour of the m lo er
availa le with the m lo er The Bank, un er this uarantee, shall e
eeme as Princi al De tor of the m lo er
Date
Place Signature of Authorised person of Bank]
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[Name in Block letters]
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……………………..
[Designation]
……….……………
[P/Attorney] No.
…………………….
Bank’s Seal
[P/Attorney] No.……
itness
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1. Signature
Name & Address & Seal
2. Signature
Name & address & Seal

Note :
1 All italicized text is for guidance on how to prepare this bank guarantee
and shall be deleted from the final document.
2 In case the guarantee is issued by a foreign Bank, which does not have
operations in India, the said bank shall have to provide a counter-
guarantee by State Bank of India.
3 In case the Contractor is a JV, the Performance Security is required to
be furnished on behalf of the JV in favour of the Employer by the JV
Partners in proportion of their respective percentage share specified in
the JV Agreement. The percentage share of M/s [Insert Name of the
JV Partner] in the JV is [ Fill share % in the JV ] percent. All the
Bank Guarantee of JV Partners are liable to be encashed cumulatively.
L
VN
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FORM OF ADDITIONAL PERFORMANCE SECURITY

(BANK GUARANTEE)
[Refer Clause 35.5 of Instructions to Bidders]
(On non-judicial stamp paper of the appropriate value in accordance with stamp Act.
The stamp paper to be in the name of Executing Bank)
Fro :
Name and Address of the Bank…
To:
New Delhi-110 066
A , ail ikas Nigam imite , hereinafter calle the E p o er, acting through
Representative] has acce te
[Insert Designation and address of the Employer’s Representative],
the i of [Insert Name and address of the Contractor],
Contractor], hereinafter calle the
Co tra tor, for the work of [Insert Name of Work],
Work], vi e Notification of Awar
No [Insert Notification of Award No.]
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AND
A , the contractor is re uire to furnish a itional Performance
Performance ecurit for
the sum of [Insert Value of additional Pe required] in the form
rformance Security required],
Performance
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of ank guarantee, eing a con ition rece ent to the signing o of the contract
agreement
Bank], with its Branch [Address] having its
A , [Insert Name of the Bank],
ea uarters office at [Address]
[Address],, hereinafter calle the Ba , acting through
[Designation(s) of the author
authorised Bank], have, at the re uest of the
ised person of the Bank]
nsert name of the artner , a artner on ehalf of the contractor, agree to give
containe
guarantee for a itional erformance securit as hereinafter co
1 KN A N these resent that e the un ersigne [Insert name(s) of
Bank] eing full authori e to sign an
authorized representatives of the Bank],
incur o ligations for an on ehalf of the Bank,
Bank confirm that the Bank, here ,
uncon itionall an irrevoca l guarantee to a the m lo er the t full amount in
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the sum of [Insert Value of additional Performance Security required]

required]as
a ove state
2 The Bank un ertakes to imme iatel a on resentation of em eman the
m lo er an amount u to an inclu ing aforementione full amountamo without
an emur, reservation or recourse An such eman ma e the m lo er on
the Bank shall e final, conclusive an in ing, a solute an une uivocal
notwithstan ing an is utes raise en ing efore an Court, Tri unal,
Ar itration or an Authorit or an threatene litigation the m lo er of Bank
3 n a ment of an amount less than aforementione full amount, as er
eman of the m lo er, the guarantee shall remain vali for the alance
amount i e the aforementione full amount less the a ment ma e to the
m lo er

The Bank shall a the amount as eman e imme iatel on resentation of the
eman m lo er without an reference to the contractor an without the
m lo er eing re uire to show groun s or give reasons for its eman or the
amount eman e
5 The Bank uarantee shall e uncon itional an irrevoca le
6 The guarantee herein efore shall not e affecte an change in the
constitution of the Bank or in the constitution of the Contractor
7 The Bank agrees that no change, a ition, mo ifications to the terms of the
Contract Agreement or to an ocuments, which have een or ma e ma e
etween the m lo er an the Contractor, will in an wa release us from the
lia ilit un er this guarantee an the Bank, here , waives an re uirement for
notice of an such change, a ition or mo ification to the Bank
8 is
This guarantee is vali an effective from the ate of its issue, which is [insert
date of issue] The guarantee an our o ligations un er it will ex ire on [Insert
ected end of defect liability period]
the date twenty eight days after the expected
All eman s for a ment un er the guarantee must e receive us on or
efore that ate
9 The Bank agrees that the m lo ers right to eman a ment of
L
aforementione full amount in one instance or eman i
a ments in arts
totaling u to the aforementione full amount in several instances
instances will e vali
until either the aforementione full amount is ai to the m lo l er or the
guarantee is release m lo er efore the x ir ate
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10 The Bank agrees that its o ligation to a an amount eman e the
unti the amount
m lo er efore the ex ir of this guarantee will continue until
eman e has een ai in full
11 The ex ressions Bank an m lo
lo er herein efore use i
shall inclu e their
12 The Bank here un ertakes not to revoke the guarantee uring urin its currenc ,
exce t with the revious consent in writing of the em lo er This
Th guarantee is
su ject to the niform ules for Deman lica
uarantees, CC Pu lication No 758
13 The uarantee shall e in a ition to an without reju ice to an other securit
uarantee s of the contractor in favour of the m lo er availa le with the
R
Pr
m lo er The Bank, un er this uarantee, shall e eeme as Princi al De tor
of the m lo er
Date
Place [Signature of Authorised person of Bank]
…………………….
[Name in Block letters]
……………………..
[Designation]

……….……………
[P/Attorney] No.
…………………….
Bank’s Seal
[P/Attorney] No.……
Witness:
1. Signature
2. Signature
Name & address & Seal
Note :
1 All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
2 In case the guarantee is issued by a foreign Bank, which does not have operations in
India, the said bank shall have to provide a counter-guarantee by State Bank of India.
L
3 The Bank Guarantee should be duly attested by Notary public with notarial stamp of
appropriate value affixed thereon.
4 In case the Contractor is a JV, the additional Performance Security is required to be
furnished on behalf of the JV in favour of the Employer by the JV Partner(s) who is
responsible for execution of schedule(s) (as per JV agreement) against which
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additional Performance Security is required to be submitted in terms of ITB 35.5. All the
Bank Guarantee of JV Partners are liable to be encashed cumulatively.
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dvance Payment Security

[Refer Clause 14.2 of GCC]
(On non-judicial stamp paper of appropriate value in accordance with stamp Act.
The stamp paper to be in the name of Executing Bank)
rom
[Name and Address of the Bank]
To
The Chairman and Managing Director,
Rail Vikas Nigam Limited,
1st Floor, August rantiBhawan,
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BhikajiCama Place, R. .Puram,
New Delhi 110 066
Beneficiary Rail Vikas Nigam Limited.

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uarantee No. […..reference number of the guarantee….] ated [……………..]
EREAS, Rail Vikas Nigam Limited hereinafter called the mployer has
entered into Contract No. ..reference Contract….]dated [………….]
reference number of the Contract….]
for the execution of [name of the contract] hereinafter called the ontract
with[….name
[….name of the Contractor….] hereinafter called the ontractor .
EREAS, according to the Conditions of the Contract, an advanc advance payment is
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guarantee(s).
admissible to the contractor against submission of bank guarant
At the request of the Contractor, we [….name of the Bank….] with our branch
at[….address….],having
having our ead Office at [….address….] (hereinafter called the
Ban have, at the request of [......Insert name of the JV partner.....], a JV partner on
behalf of the Contractor, agreed to give the said guarantee as hereinafter contained:
. NO ALL MEN by these present that I/ e the undersigned [….Insert

name(s) of authorized representative(s) of the Bank….], being fully authorized
to sign and incur obligations for and on behalf of the Bank confirm that the
Bank, hereby, unconditionally and irrevocably guarantees to pay the Employer
the sum of Rs.[….value in figure….](Rupees .value in words….]
only hereinafter called the ull mount .

. The Bank undertakes to immediately pay to the Employer, without any demur,
reservation or recourse, any amount up to and including aforementioned full
amount upon first written demand/demands from the Employer.
. On payment of any amount less than aforementioned full amount, as per
demand of the Employer, the guarantee shall remain valid for the balance
amount i.e. the aforementioned full amount less the payment made to the
Employer.
4. The Bank shall pay the amount so demanded without any reference to the
contractor and without the Employer being required to show grounds or give
reasons for its demand or the amount demanded.
. The guarantee hereinbefore shall not be affected by any change in the
constitution of the Bank, the Contractor or the Employer.
. The Bank agrees that no change, addition, modification to the tterms of the
Contract Agreement or to any document, which have been or may b be made
between the Employer and the Contractor, will in any way release
release us from the
liability under this guarantee; and the Bank, hereby, waives any
any requirement for
notice of any such change, addition or modification to the Bank.
Bank.
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. This guarantee is valid and effective from the date of it’s issue,
issue, which is
[….date of issue….].. The guarantee and our obligations under it will expire on
dated ..[….Please 5….]. All demands for payment under the
[….Please refer note 4 & 5….].
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guarantee must be received by us on or before that date.
. The Bank agrees that the Employer’s right to demand payment of
aforementioned full amount in one instance or demand payments iin parts
totaling up to the aforementioned full amount in several instan
instances will continue
until either the aforementioned full amount is paid to the EmplEmployer or the
guarantee validity period expires.
. The Bank agrees that it’s obligation to pay any amount demanded by the
until the amount
Employer before the expiry of this guarantee will continue unti
demanded has been paid in full.
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. The expressions Bank and Employer herein before used shall incl
include their
respective successors and assigns.
. The Bank hereby undertakes not to revoke the guarantee during iits currency,
This guarantee is
except with the previous consent in writing of the employer. Th
subject to the Uniform Rules for Demand Guarantees, ICC Publica
Publication No. 758.
ated ......................
Place .......................
...............................................

(Signature of the Authorized Person of the Bank)
...............................................
(Name in Block Letters)
...............................................
(Designation)
...........................................
(Bank’s Seal)
...........................................
(Authorization No.)
itness
...........................................
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1. Signature, Name & Address
...........................................
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2. Signature, Name & Address
Note:
1. All italicized text in brackets [….text….] is for guidance on how to prepare this
bank guarantee and shall be deleted from the final document.
2. In case the guarantee is issued by a foreign Bank, the said bank shall have
operations in India and should be issued by Indian operations branch of the
said bank.
R
3. The Bank Guarantee should be duly attest

attested by Notary Public with notarial
stamps of appropriate value affixed thereon.
4. Mobilization Advance under GCC 14.2.1:

(a) For Single Entity
For each Installment of Advance, two Bank Guarantees of equal amounts
(each equal to half of the first installment of advance plus 10%) shall be
furnished. Each Bank Guarantee shall be valid for the stipulated
completion period of the contract.

OR
(b) For JV
For each Installment of Advance, individual JV partner shall furnish Bank
Guarantee equal to his share in the installment of Advance plus 10%. Each
Bank Guarantee shall be valid for the stipulated completion period of the
contract.
5. Advance against Plant and Machinery under GCC 14.2.2:
(a) For Single Entity

For each Installment of Advance, a Bank Guarantee equal to the
installment of advance plus 10% shall be furnished. The Bank Guarantee
shall be valid for the stipulated completion period of the contract.
OR
(b) For JV
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For each Installment of Advance, individual JV partner shall furnish a
Bank Guarantee equal to his share in the installment of advance plus 10%.
Each Bank Guarantee shall be valid for the stipulated completion period of
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the contract.
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N NT B N T S ST T P NT N
T S S PP B T NT T
Refer Clause 14.5 of GCC

(To be executed on Non-Judicial Stamp Paper of Appropriate Value and notarised)
T IS INDEMNIT BOND made on this day of 20

by (insert the name of the Contractor and its registered address) (hereinafter
called “the Contractor”) which expression shall where the context do admits or implies
be deemed to include its executors, administrators and assigns, in favour of the Rail
Vikas Nigam Ltd., August ranti Bhawan, Bhikaji Cama Place, R Puram, New
Delhi 110066 (hereinafter called “RVNL”) on the other part.
EREAS by an Agreement/Letter of Acceptance No. dated

(hereinafter called “the said agreement”), the Contractor has agreed to execute the
(Name of Work) (hereinafter called “the orks”) .
AND mitted to RVNL/ the Engineer for payment on

EREAS the Contractor has submitted
thee orks or his
plants &materials procured by him and brought to the site of th
workshop for use in the orks.
AND EREAS RVNL/ the Engineer has agreed to make advance/stage payment to
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the Contractor the total sum of Rs. ((in Figures) Rupees
in Figures)
(in Words) in Interim Payment Certificate (IPC)
in Words)
No. , the quantities and other particulars of which are detailed in this
IPC for the said works signed by the Contractor on for the Plant and
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Materials brought by the Contractor to site of the works or his workshop. Brief details
are also mentioned in schedule 1 appended hereto.
NO T IS INDEMNIT BOND ITNESS that in pursuance of the said aagreement

and in consideration of the sum of Rs. ((in Figures)
((in Words) on or before the execution of these presents to be
in Words)
paid to the Contractor by RVNL so aforesaid, the Contractor dot
doth hereby covenant and
agree with RVNL and declare as follows: -
1. That the said sum of Rs. (In
( Figures)
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(in Words)) to be paid by RVNL to the Contractor as aforesaid shall be utilized

in Words ut by
the Contractor in or towards the execution of the said works andan for no other
purpose whatsoever.
2. have been offered to
That the Plant and Materials detailed in the said IPC which hav
and accepted by RVNL/ the Engineer, are absolutely the Contractor’s own
property and free from encumbrances of any kind and the Contractor will not
make any application for or receive any further payment on the Plant and
Materials which are not absolutely his own property and free from encumbrances
of any kind, the Contractor indemnifies the RVNL against all claims on any Plant
and Materials in respect of which payment is to be made to him as aforesaid.
3. That the Contractor undertakes that the Plant and Materials shall be used

exclusively for the performance / execution of the Contract strictly in accordance

with the terms and conditions of the Contract and no part of the Plant and
Materials shall be utilized for any other work or purpose whatsoever.
4. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit / protection and custody of the Plant and Materials against all risks
whatsoever including acts of the God till the Plant and Materials are duly
incorporated in the works, commissioned and are taken over by RVNL/Railway
(including surplus Plant and Materials, if required as instructed by RVNL/ the
Engineer) in accordance with the terms of the Contract. The Contractor undertakes
to keep RVNL harmless against any loss or damage that may be caused to the
Plant and Materials.
5. That the said Plant and Materials shall not on any account be rremoved from the
site of the works except with the written permission of RVNL/ the Engineer.
Further, RVNL/ the Engineer shall always be free at all times to
to take possession of
the materials in whatever form the materials may be in, if in its
its opinion, the Plant
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and Materials are likely to be endangered, mis-utilized or converted
converted to uses other
or commission on the
than those specified in the Contract, by any acts or omission or
part of the Contractor or any other person or on account of any reason whatsoever
and the Contractor binds himself and undertakes to comply with the directions of
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demand of RVNL to return the Plant and Materials without any de demur or
reservation.
6. That the said plant and materials shall, at all times, be open to inspection by
RVNL/ the Engineer or any authorized representative. In the eve event of the said
material or any part thereof at any time being found to be in llesser quantity than
stolen, destroyed or
for which payment has been released or the same has been stolen
damaged or becoming deteriorated, the Contractor will forthwith replace the same
or repair and make good the same as required by RVNL/ the Engineer.
Engin
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7. That making payment does not mean that Plant and Materials are of required
brought to site by
specifications and quality or that whole of the quantity brough
Contractor will be used in the work. The Contractor is fully reresponsible for the
materials to conform to required quality and specification and if at any time
RVNL/ the Engineer do not find the material satisfactory, the Contractor at his
own cost would replace these. RVNL/ the Engineer would be at liberty to recover
cost of these from any dues of the Contractor. Also any Plant and Materials which
are in excess of what is finally required under the contract would be the
Contractor’s property without any liability on RVNL/ the Engineer who would
recover the cost of this from the Contractor.
8. That this Indemnity Bond is irrevocable. If at any time, any loss or damage occurs

to the Plant and Materials or the same or any part thereof is mis-utilized in any
manner whatsoever, then the Contractor hereby agrees that the decision of RVNL/
the Engineer as to assessment of loss or damage to the Plant and Materials shall be
final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and/or damaged Plant and Materials at its own cost and/or shall
pay the amount of loss to RVNL without any demur, reservation or protest. This is
without prejudice to any other right or remedy that may be available to RVNL/ the
Engineer against the Contractor under the Contract or under this Indemnity Bond.
. That if the Contractor shall at any time make any default in the performance or
observance in any respect of any of the terms and provisions of the said agreement
or of those presents, the total amount of the payment shall immediately on the
happening of such default be recovered by RVNL/ the Engineer fr from any dues of
that non-observance of
Contractor. It is also clearly understood by the Contractor that
the obligations under this Indemnity Bond by the Contractor sha shall inter-alia
Contractor for all intents and
constitute a criminal breach of trust on the part of the Contractor
L
purpose including legal / penal consequences.
10. IN ITNESS Contractor has hereunto set its hand through
EREOF, the Contractor th its
authorized representative, the day, month and year first above mentioned.
mentioned.
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11. SC EDULE 1
Particulars of the Plant and uantity alue of the Plant and
aterials aterials
R
Signed, Sealed and Delivered by the said Contractor
(Contractor’s Name)
Dated: . (AUT ORISED SIGNATOR )
Place: . SEAL OF COMPAN
IN T E PRESENCE OF:

ITNESS: SIGNATURE
NAME:
ADDRESS :
Note:
The contractor has the option to submit the Indemnity Bond to cover all the items and
quantities of Plant and Materials of stage payment or to submit indemnity bond each
time the stage payment is to be taken or Plant and Materials advance is to be taken.
1.
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FORM OF BANK GUARANTEE FOR RELEASE OF BALANCE RETENTION

MONEY
(On non-judicial stamppaper of theappropriatevalue in accordancewithstampAct.
Thestamppaperto be in thename of Executing Bank).
Fro :
Name and Address of the Bank
To:
1st Floor, August KrantiBhawan,
BhikajiCama Place, K Puram,
New Delhi-110 066
a) A , ail ikas Nigam imite , hereinafter calle the
L
E p o er), acting through [Insert Designation and address of the
Employer’s Representative],, has entere into a contract with [Insert
Representative],, hereinafter
Name and address of the Contractor’s Representative]
calle the Co tra tor), for the work of [Insert Name of Work]
Work], vi e
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Notification of Awar No [Insert Notification of Award No.].
) A as
er con itions of contract m lo er has e ucte an
amount of [Insert Amount deducted as retention
towar s retention mone till ate, an
money]towar A now the
contractor has re ueste the m lo er for releasing the sai am
amount on
su mission of a ank guarantee of e uivalent amount which has een
acce te the m lo er
R
A as er con itions of contract m lo er has e ucte an

amount of [Insert Amount deducted as retention
towar s retention mone till ate, out of a total amount of
money]towar
s Insert total Amount of retention money deductable as
contract]which is ue to e e ucte as retention
specified in the contract]
mone as er Contract agreement an A now the Contractor
has re ueste the m lo er to acce t a ank guarantee of the
e uivalent amount of the total retention mone ue as er contract
agreement so that the amount alrea e ucte ma e release in
favour of the contractor an that no further e uction towar s retention
mone will e ma e in future which has een acce te the m lo er

) A , [Insert Name of the Bank], with its Branch [Address]

having its ea uarters office at [Address], hereinafter calle the Ba ,
acting through [Designation(s) of the authorised person of the
Bank], have, at the re uest of the contractor, agree to give guarantee
as hereinafter containe
1. KN A N these resent that e the un ersigne [Insert

name(s) of authorized representatives of the Bank], eing full
authori e to sign an incur o ligations for an on ehalf of the Bank,
confirm that the Bank, here , uncon itionall an irrevoca l guarantee
the m lo er to a the full amount in the sum of [Insert Value of the
Bank Guarantee being submitted] as a ove state
2. The Bank un ertakes to imme iatel a to the m lo er an amountamou

u to an inclu ing aforementione full amount u on written or er or ers
from the m lo er without an emur, reservation or recourse
L
3. n a ment of an amount less than aforementione full amount, as er
eman of the m lo er, the guarantee shall remain vali for th
the alance
amount i e the aforementione full amount less the a ment ma e to the
m lo er
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4. The Bank shall a the amount so eman e without an reference to the
contractor an without the m lo er eing re uire to show grou
groun s or give
reasons for its eman or the amount eman e
5. The guarantee herein efore shall not e affecte an change in the

constitution of the Bank or in the Contractor
the constitution of the Contract
6. The Bank agrees that no change, a ition, mo ifications to the terms of the
Contract Agreement or to an ocuments, which have een or ma e
R
ma e etween the m lo er an the Contractor, will in an wa rrelease us

from the lia ilit un er this guarantee an the Bank, here , waives an
ification to the
re uirement for notice of an such change, a ition or mo ifica
Bank
7. This guarantee is vali an effective from the ate of it s issue, which is

[insert date of issue] The guarantee an our o ligations un er it will
ex ire on [Insert the date twenty eight days after the expected end of
defect liability period.] All eman s for a ment un er the guarantee
must e receive us on or efore that ate
8. The Bank agrees that the m lo ers right to eman a ment of

aforementione full amount in one instance or eman a ments in arts
totaling u to the aforementione full amount in several instances will

continue until either the aforementione full amount is ai to the m lo er

or the guarantee ex ires
9. The Bank agrees that it s o ligation to a an amount eman e the

m lo er efore the ex ir of this guarantee will continue until the amount
eman e has een ai in full
10. The ex ressions Bank an m lo er herein efore use shall inclu e their
11. The Bank here un ertakes not to revoke the guarantee uring its
currenc , exce t with the revious consent in writing of the em lo er This
guarantee is su ject to the niform ules for Deman uarantees CC
uarantees,
Pu lication No 758
Date
Place Signature of Authorised person of Bank]
L
[Name in Block letters
[Designation]
Address
.
VN
itness
1. Signature
2. Signature Bank’s Seal
Name & address & Seal Authorisation No…………..
Note :
1) All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.
2) In case the guarantee is issued by a foreign Bank, the said bank shall have
operations in India and should be countersigned by Indian operations branch of
R
the said bank.

3) The Bank Guarantee should be duly atte attested by Notary public with notarial
stamps of appropriate value affixed thereon.
4) **** strike out whichever is not applicable.


Volume I Part I and III

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BID DOCUMENT

VIP ROAD) WITH ALL ALLIED WORKS (ARCHITECTURAL,

IFB No: RVNL/KOL/New Garia-Airport/Metro/ANVS Dated 15.06.2020

RAIL VIKAS NIGAM LIMITED

(through e-Tendering Mode)

PACKAGE- ANVS: “CONSTRUCTION

IFB No: RVNL/KOL/New Garia-Airport/Metro/ANVS Dated 15.06.2020

PROJECT: - “NEWGARIA-BIMANBANDAR METRO

Employer: Rail Vikas Nigam Limited

PART I: Bidding Procedures through e-tendering mode

Invitation for Bids

Section 1. Instructions to Bidders (ITB) for bidding through e tendering mode

Section 2. Bid Data Sheet

L Section 3. Evaluation Criteria and Qualification Criteria

Section 4. Bidding Forms

(A) Employer’s Requirement:

1. Scope of Work Ch. I

3. Outline Design Criteria Ch. III

General & Structural Works

Preamble Introduction 

(B) Tender Drawings and Site data:

PART III: Conditions of Contract and Contract Forms

Section 6. General Conditions of Contract (GCC)

Section 7. Special Conditions of Contract (SCC)

Section 8. Contract Forms

Preamble Introduction 

L Invitation for Bids

Section 1. Instructions to Bidders for bidding through e-tendering mode

Section 3. Evaluation Criteria and Qualification Criteria

Section 4. Bidding Forms

Preamble Introduction 

L INVITATION FOR BIDS

Rail Vikas Nigam limited

INVITATION FOR BIDS

Bid Notice No. RVNL/KOL/New Garia - Airport/Metro/ANVS

L CH. 25891.527 TO CH. 29410.989 BETWEEN EXISTING PIER CP-760

1 Rs.. 526.62 Crores

 Bidding Documents can be downloaded free of cost from RVNL website

7. Pre-bid Meeting: A pre-bid meeting will be held on 01.07.2020 at 11.30 hrs

 Bidders are required to enroll on the e-Procurement Portal

Preamble Introduction 

 As part of the enrolment process, the bidders will be required to choose a

The scanned copies of all original documents should be uploaded on portal.

10. SEARCHING FOR BIDDING DOCUMENTS

Bid ID, Item/work id, Title, Date, etc

11. PRCAUTIONS FOR SUBMITTING / PREPRATION OF BIDS THROUGH

 Bidder, in advance, should get ready the bid documents to be submitted as

Preamble Introduction 

The server time (which is displayed on the bidders dashboard) will be

generated symmetric key. Further this key is subjected to asymmetric

 The bid summary has to be printed and kept as an acknowledgement of bid

Preamble Introduction 

Chief Project Manager/Kol-II,

6 ections of Bi ing Document 6

C. Preparatio o Bid ......................................................................................................................... 8

D. S i io a d Ope i o Bid ................................................................................................ 12

21 nline su mission an o ening of i s 12 22

E. E a atio a d Co pari o o Bid ...........................................................................................

F. Award o Co tra t ......................................................................................................................... 18

ection 1 nstructions to Bi ers Page 1 of 19

Se tio 1: I tr tio to Bidder (ITB)

12 Throughout these Bi ing Documents