Professional Documents
Culture Documents
Tendernotice 1
Tendernotice 1
CHIEF ENGINEER
Copy to: SE-III/CP along with complete bid document in Soft copy form to display in the Central Public
Procurement Portal website: https://etenders.gov.in on 01.10.2022 and kept upto 31.10.2022 up to
13.00 hours.
Copy to: C.V.O. / FA&CAO / Nodal Officer, IT – for information.
Copy to: I & PRO for information and arrange to publish in Newspapers.
Copy to: Joint Director (R&P)) for uploading the NIT attached copy to I T J web site.
Copy to: Dy. Director (EDP) for information
Copy to: Notice Board / A.S. to arrange display the tender notice on the notice board.
Copy to: EE(West)) /AE(R&D) for information.
Copy to: SE(I)/West for information.
Copy to: SE-III (Drawing office) for information action.
Copy to: M/s Builders Association of India, Plot No.43 and 44, 4th Floor, Siripuram, Visakhapatnam.
Copy to: The Garison Engineer, MES, Visakhapatnam
Copy to: The Chief Engineer, DGNP, Visakhapatnam
Copy to: The Chief Engineer, NAVY, Visakhapatnam
Copy to: The Supdt. Engineer, CPWD, Visakhapatnam
Copy to: The Supdt. Engineer, R & B, Visakhapatnam
Copy to: The Supdt. Engineer, Public Health Visakhapatnam
Copy to: The Chief Engineer, VMC, Visakhapatnam
Copy to: The Chief Engineer, VUDA, Visakhapatnam
Copy to: The Divl. Rly. Manager (Engg.), Waltair, Visakhapatnam
Copy to: The Chief Engineer, M/s R.I.N.L., Steel Plant, Visakhapatnam
Copy to: The Chief Engineer, M/s N.T.P.C., Visakhapatnam
Copy to: The Chief Engineer, M/s N.H.A.I., Marripalem, Visakhapatnam
Copy to: The Chief Engineer, all Major Ports in India through Fax.
1. Procedure for bid submission:
c. The bidders should scan and upload copies of Document in support of Registration as
contractor. The bidders shall sign on all the documents, uploaded by him, owning
responsibility for their correctness/ authenticity.
d. (1) The bidders should be paid the Transaction Fee (non-refundable) and EMD shall be
accepted only in online through etenders portal. Further, the bidders shall upload the copy of the
online transaction details with UTR No. along with the Technical bid documents failing which the
bid shall be summarily rejected. VPA shall not be liable / responsible for any connectivity/ internet
problem either with user side /NIC/Bank. It is in the own interest of the bidders, bidders may get it
verified from Bank that the requisite money has been received by VPA for the NIT in which they
are participating.
(2) In case of the NSIC/MSME certificate submitted bidders, the eligibility for exemption of
Transaction fee and EMD amount subject to fulfilling of tender condition no.100.
e. The VPA will not hold any risk and responsibility non-visibility of the scanned and
uploaded documents.
f. The Documents that are uploaded online on VPT e-procurement website
(http://etenders.gov.in) will only be considered for Bid Evaluation.
CONTRACTOR
a. E.M.D. Rs.24,12,674/- (Rupees Twenty four lakhs twelve thousand six hundred and
seventy four only) to be transferred in online through etenders portal only.
b. Class of contractor Eligible: Having experience in Executing “Bridge works” Any other
condition regarding receipt of tenders in conventional method appearing in the tender documents
may please be treated as not applicable.
c. “The bidder shall authenticate the bid with his digital signature certificate for submitting the
bid electronically on e-procurement platform and the bids not authenticated by digital signature
certificate of the bidder will not be accepted on the e-procurement platform.”
3. Even though the Tenderers meet the qualifying criteria, they are liable to be disqualified
/ debarred / suspended / blacklisted if they have furnished false / fabricated particulars
forms, statements and / annexures, submitted in proof of the qualification in the
requirements and / or Not turned up for entering into agreement, when called upon.
Record of poor progress such as abandoning the work, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures etc. and/or
Participated in the previous bidding for the same work and had quoted unreasonably high
tender percentage and Even while execution of the work, if found that the work was
awarded to the Contractor based on false / fake certificates of experience, the
Contractor will be blacklisted and work will be taken over by VPA
4. f the percentage quoted by a tenderer is found to be either abnormally high or with in the
permissible ceiling limits prescribed but under collusion or due to unethical practices adopted at the
time of bidding process, such bids shall be rejected. a tenderer / Bidder submitting a Tender or Bid
which the tender accepting authority considers excessive and or indicative of insufficient
knowledge of current prices or definite attempt of profiteering will render himself liable to be
debarred permanently from tendering or for such period as the tender accepting authority may
decide. The tenderer overall percentage should be based on the controlled prices for the
materials, if any, fixed by the VPT or the reasonable prices permissible for the tenderer to charge a
private purchaser under the provisions of clause-6 of the hoarding and profiteering prevention
ordinance of 1943 as amended from time to time and on similar principle in regard to labour
supervision on the construction.
CONTRACTOR
6. Last date / time for Submission of the Tenders.
a. Tenders must be submitted not later than the date and time specified in NIT. In the event of the
specified date / time for the submission of bids declared as holiday, the bids will be received on the
next working day.
b. The Chief Engineer, VPA, may extend the dates for issue and receipt of Tenders by issuing an
amendment
a. The tenderers or their authorized representatives can be present at the time of opening of the
tenders. Either the tenderer himself or one of his representative with proper authorisation only will
be allowed at the time of tender opening. If any of the tenderer is not present at the time of
opening of tenders, the tender opening authority will, on opening the tender of the absentee
tenderer, reads out and record the deficiencies if any, which shall be binding on the tenderer.
b. The Tenderer/Bidder if so desirous shall agree in writing to furnish the clarification called for
within the stipulated time and, for disqualification and rejection of his tender in the event of failure
to do so.
b. The Price Bid of the Unqualified Tenderers will not be opened and kept in safe custody till the
tenders are finalised and thereafter shall be returned to tenderers concerned along with E.M.D.
c. Tenders shall be scrutinized in accordance with the conditions stipulated in the Tender
document. In case of any discrepancy of non-adherence to the Conditions, the decision taken by
the Tender Accepting Authority on tenders shall be final and the same shall be binding both on
tender accepting and the tenderer / Bidder.
CONTRACTOR
11. Evaluation and Comparison of Price Bids
The Superintending Engineer will evaluate and compare the price bids of all the qualified
Tenderers.
b. No Tenderer / Bidder shall contact the Superintending Engineer or any authority concerned with
finalization of tenders on any matter relating to Tender from the time of the Tender opening to the
time the Contract is awarded. If the Tenderer wishes to bring additional information to the notice of
the Superintending Engineer, it should do so in writing.
c. Before recommending / accepting the tender, the tender recommending / accepting authority
shall verify the correctness of certificates submitted to meet the eligibility criteria and specifically
experience. The authenticated agreements of previous works executed by the lowest tenderer
shall be called for.
1. Percentage Rate tenders are invited for the work of “Rehabilitation of Deck Structure of
Sardar Vallabhai Patel Bridge (Parallel Bridge) of Visakhapatnam Port ”
The unique code is “VPT521470257” is to be entered by the issuer bank in the Field
of 7037 of IFIN 760COV or IFIN767COV in their portal. In turn, the issuer Bank will
transmit the Bank Guarantee via SFMS to the beneficiary bank of the port digitally.
Any BG received by the Port/submitted by the bidder without complying to the above, such
BG will be considered as not valid and shall not be considered for bid valuation.
6. The contractor whose tender is accepted will be required to furnish security for the due
fulfilment of this contract consisting of a percentage deduction from the monthly payment to be
made on account to the contractor. The Earnest Money will be treated as part of the security of
work done.
7. The acceptance of tender will rest with the Chairman, Visakhapatnam Port Trust Which does not
bind itself to accept lowest tender and reserves to itself the authority to reject any or all of the
tenders received without the assignment of any reasons. All tenders in which any of the prescribed
condition is not fulfilled will be rejected.
8. Tenders which do not fulfil all or any of the above conditions and or incomplete in any
respect are liable to summary rejection and tenders containing uncalled for Remarks or any
additional conditions are also liable for summary rejection.
9. Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the
contractors, who resort to canvassing will be liable to rejection.
CONTRACTOR
10 (a) The contractor should not introduce item rates such tenders will be rejected.
(b) The percentage above/below quoted shall be common for all items.
(c) The percentage shall be quoted in figures and words and shall be accurately filled in.
11. GST in respect supply of Goods & service or on works contract as applicable in respect of this
contract should be payable by the supplier/service provider/contractor and port trust will not
entertain any claims with effect from 01-07-2017.
12. The tender will have to give a certificate that he is not related to any officer Of Visakhapatnam
Port Authority or any Officer in the rank of under Secretary or above in the Ministry of Surface
Transport, Government of India. The tenderer should give a declaration along with his tender
about the name of the Relations who are employed as Non-Gazetted Officer in Port Authority.
14. Site for the execution of the work will be made available as soon as the work is awarded. In
case it is not possible for the department to make available the entire site at a time on the award of
the work, the Contractor will have to arrange their working programme suitably. No claim
whatsoever for handing over the site in stages will be entertained, and the decision of the Chief
Engineer is final and cannot be questioned.
15. The Contractor shall produce a licence in the prescribed form from Asst. Labour Commissioner
(Central), within 15 days from the date of work order and on his failure to do so the contract is
liable to be terminated and the Earnest Money Deposit or Security Deposit whichever is to his
credit shall be forfeited and the Contract shall have no claim whatsoever on this account.
16. The Tender submitted by the tenderer should be valid for a minimum period of 120 days from
the date of opening of tender and the tenderer cannot amend, alter or revoke his tender in any way
during this period, and if he does so, the E.M.D. paid by him shall be forfeited without any notice.
17. The successful tenderer(s) shall execute an agreement with Visakhapatnam Port Trust
Board on a Non-judicial stamp paper in the prescribed form.
18. The tenderers should acquaint themselves with the work and working conditions of the site and
locality and no claim will be entertained on this issue and the decision of Chief Engineer is final
and cannot be questioned.
19. a) According to GST Act every dealer is liable to be registered whose aggregate turn over
exceeds Rs:20 lakhs for supply of goods /services /executing any work contract. Accordingly
GSTIN is to be provided for participation in tender and to award the contract
b) The applicable TDS as per the Central GST(CGST) Act will be deducted as and when notified
by the Government
c) under the building and other construction workers(Regulation of employment and
conditions of service) Act, and Andhra Pradesh Rules,1999 and Cess Act 1996 and Rule,1998
made there under” the Cess on works contract will be deducted at 1% from on account bills of
contractors, where, more than 10(ten) ,buildings and construction workers are engaged.
20. The tenderer should read the specifications and study the working drawing and special
conditions etc., carefully before submitting the tender.
21. P.F. contribution to the contract labour, in case the Contractor engages more than 20 workers,
shall be payable by the Contractor. He shall produce documentary proof of registration with P.F.
Authorities along with P.F. Code number. Also documentary proof of payment of P.F. contribution
to the Contract Labour Regularly shall be produced with every interim certificate failing which no
payment will be released to the Contractor. The Port Trust will not entertain any claim whatsoever
in this respect.
CONTRACTOR
22. Payment to the contract labour if any involved in the works entrusted are to be paid by the
Contractor in the presence of the section officer of V.P.T. Further, the Contractor has to submit
documentary evidence in support of the payments made to the labour engaged in the work along
with subsequent running account bill, failing which the bill will not be passed.
23. In respect of P.F. Contribution recovered from the labour and remitted to the P.F.
Commissioner, documentary evidence in support of the same is to be submitted by the Contractor
along with subsequent running account bill, failing which the bill will not be passed.
24. The Contractor to whom the work is awarded shall invariably produce the PAN Number
obtained from the Income Tax Authorities, along with proof.
25. The contractor shall submit require document as per the Check list enclosed (Annexure-V)
along with tenders. The tenders received without enclosing required documents as per the check
list duly signed will be liable for rejection
26. The tenderers should make their own arrangements to furnish original B.G. to the organization
directly by the issuing Bank under registered post with acknowledgement due except in case of
B.G. submitted towards E.M.D. costing more than Rs.5.00 lakhs B.G accepted.
27. The contractors / Firms while quoting tender shall note that, no post tender negotiations will be
held with the L-1 tenderers, except in exceptional cases, wherever it is found necessary.
28. In the event that two or more Bidders quote the same amount of percentage (The “Tie
Bidders”), the authority shall identify the selected Bidder by draw of lots, which shall be conducted,
with prior notice, in the presence of the Tie Bidders who choose to attend”.
29. Tenderer shall submit the experience/completion certificates along with their tender, duly
notarized.
30. In case the documents submitted by the bidder found to be not genuine, the management
reserves the right to forfeit the EMD/SD besides not to allow to participate in future tenders of VPA.
32. The rate to be quoted should be exclusive of GST component and payment will be made
against “TAX Invoice” as prescribed under the GST Act/Rules.
The Visakhapatnam Port Authority (VPA) is introducing e-procurement and e-tendering system
from 1st January 2011. The port has adopted the software of NIC for this purpose. The bidders are
requested to note these changes and make themselves ready for e-procurement and e-tendering.
The following instructions are to be followed for online submission of bids by the bidders:
1. a. Bids shall be submitted online on VPT e-procurement website (etenders.gov.in) platform.
b. The participating bidders in the tender should register themselves free of cost on e-procurement
platform (htpp://etenders.gov.in).
All Bidders are requested to enroll in the Portal (htpp://etenders.gov.in). Those bidders who
enrolled with their user ID in the new portal (htpp://etenders.gov.in) can participate in all have
already enrolled in the new portal (htpp://etenders.gov.in) can participate in all tenders using the
existing user ID and password and their Digital Signature Certificate (DSC). New users should use
the Online Bidder enrollment button available in the Home page for enrolling in the portal
(htpp://etenders.gov.in). Considering enhanced security, Digital signature certificates. Class III is
enforced for new enrollments. Bidders are requested to use Class III certificates for using the
system. Bidders can log-in to e-procurement platform in Secure mode only by signing with the
Digital Signature Certificates. Digital Signature Certificates can be obtained from one of the
Authorized Certifying Authority, such as SIFY (www.safescrypt.com) / Tata Consultancy Services
(www.tcs.ca.tcs.co.in) / n code (www.ncode solutions.com) etc., The bidders who are desirous of
participating in e-procurement shall submit their bids as per the standard formats available at the
site (https://etenders.gov.in)
2. Bidder then login to the site through the user id/ password chosen during registration.
3. The e–token that is registered should be used by the bidder and should not be allowed for
misuse by others.
4. The Bidders can update well in advance, the documents such as certificates, purchase order
details etc. under My Documents option and these can be selected as per tender requirements and
then send along with bid documents during bid submission.
5. After downloading / getting the tender schedules, the Bidder should go through them carefully
and submit the documents as asked, otherwise, the bid will be rejected.
6. If there are any clarifications, this may be obtained online through the tender site, or through the
contact details. Bidder should take into account of the corrigendum’s published before submitting
the bids online.
7. Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender schedule and they should be in PDF/xls/rar/dwf formats. If there is more than one
document, they can be clubbed together.
8. Bidder should get ready the EMD as specified in the tender. The original should be
posted/couriered /given in person to the Tender Inviting Authority, within the bid submission date &
time for the tender.
9. The bidder should read the terms & conditions and accepts the same to proceed further to
submit the bids.
10. The bidder has to submit the tender document online, well in advance, before the prescribed
time to avoid any delay or problem during the submission process.
CONTRACTOR
11. After the bid submission, the acknowledgement number, given by the e – tendering system,
should be printed by the bidder and kept as a record of evidence for online submission of the bid
for the particular tender.
12. The details of the Earnest Money Deposit document submitted physically to the Dept., and the
scanned copies furnished at the time of bid submission online should be the same, otherwise, the
Tender will be summarily rejected.
13. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced, during the submission of bids online by the bidders at their end.
14. The bidder should submit the bid documents by online mode, through the site
(http://etenders.gov.in) to the TIA as indicated in the tender.
15. The tendering system will give a successful bid updation message after uploading all the bid
documents submitted & then a bid summary will be shown with the bid no , date & time of
submission of the bid with all other relevant details. The bid summary will act as a proof of bid
submission for a tender floated and will also act as an entry point to participate in the bid opening
date.
16. Bidder should log into the site well in advance for bid submission so that he submits the bid in
time i.e. on or before the bid submission end time. If there is any delay, due to other issues, bidder
only is responsible.
17. Each document to be uploaded through online for the tenders should be less than 2 MB. If any
document is more than 2 MB, it can be uploaded. However, if the file size is less than 1 MB, the
transaction uploading time will be very fast. The total size of the documents, put together, should
be less than or equal to 12 MB.
18. The bidder should see that the bid documents submitted should be free from virus and if the
documents could not be opened, due to virus, during tender opening, the bid is liable to be
rejected.
19. The bidder should submit the relevant documents asked against the technical and financial
cover portions and in case of irrelevant documents, the bid is liable for rejection.
20. The time settings fixed in the server side & displayed at the top of the tender site, will be valid
for all actions of requesting, bid submission, bid opening etc., in the e –Procurement system. The
bidders should follow this time during bid submission.
21. All the data being entered by the bidders would be encrypted using PKI encryption techniques
to ensure the secrecy of the data. The data entered will not viewable by unauthorized persons
during the bid submission & not be viewable by any one until the time of bid opening. Overall, the
submitted tender documents become readable only after the tender opening by the authorized
individuals.
22. The confidentiality of the bids is maintained since the secured Socket Layer 12 B bit encryption
technology is used. Data storage encryption of sensitive fields is done.
23. The bidder should logout of the tendering system using the normal logout option available at
the top right hand corner and not by selecting the (X) option in the browser.
24. Bidder can resubmit the bid online as many times as possible within the Bid Submission end
date and time.
CONTRACTOR
25. Bidder can withdraw the bid submitted online within the bid submission end date and time, and
the withdrawn bid can’t be resubmitted.
26. For any clarifications on the e-Procurement system, please contact Visakhapatnam Port Trust
e-procurement cell by mail/phone/in person
27. Copies of the work orders indicating name of the work, contract No. & date, value of the work,
name of the organization including bill of quantities (BOQ) etc., along with completion/performance
certificates are to be submitted as hard copy on the day of opening of the technical bid, by the
Bidders as pre-qualification criteria.
I / We hereby tender for execution for Board of Trustees of the Visakhapatnam Port
Trust of the works specified in the tender memorandum within the time specified in such
memorandum at the rates specified therein and in accordance in all respects with the
specifications design and instructions in writing referred to in Rule - 1 hereof and in clause - II of
the conditions of contract and with such materials as are provided for by end in all other respects in
accordance with such conditions so far as applicable.
a) If several sub works are included “Rehabilitation of Deck Structure of Sardar Vallabhai
they should be detailed in a Patel Bridge (Parallel Bridge) of Visakhapatnam Port”
separate list
CONTRACTOR
Should this tender be accepted I/We hereby agreed to abide by and fulfil all the terms and
provisions of the conditions contained in the pamphlet named "GENERAL DIRECTIONS AND
CONDITIONS OF CONTRACT" which have been read by me, read and explained to me so far as
applicable, or in default thereof to forfeit and pay to the Board of Trustees or its successors in
office the sums of money mentioned in the said conditions:
Give particulars and Nos. strike out The sum of. Rs.24,12,674/- (Rupees Twenty four lakhs
(a) if no cash security deposit is to be twelve thousand six hundred and seventy four only)
taken is deposit with the Financial Adviser and Chief Accounts
Officer (Port Trust) and full value of which is to be
absolutely forfeited by the Board or its successors in
Office, without prejudice to any other rights or remedies of
the said Board or its successors in office, should I / We
fail to commence the work specified in the above
Strikeout (b) if any Cash Security memorandum of should I / we not deposit the full amount
Deposit is taken of SECURITY DEPOSIT specified in the above
memorandum in accordance with Clause I (a) of the said
conditions of Contract, otherwise the said sum of Rs.
24,12,674/- (Rupees Twenty four lakhs twelve
Receipt attached as Earnest Money thousand six hundred and seventy four only) shall be
(A) the retained by Government as on account of such
SECURITY DEPOSIT as aforesaid or (b) the full value of
which shall be retained by BOARD on account of the
SECURITY DEPOSIT specified in Clause I (b) of the said
conditions of contract.
Signature of contractor before submission Dated the ____ day of _________ of tender.
Signature of the Officer by whom accepted. Dated the ------------ day of --------
CHAIRMAN
VISAKHAPATNAM PORT AUTHORITY
The common seal of the BOARD OF TRUSTEES of the Port of Visakhapatnam has been affixed in
the presence of Sri ---------------------------------------------------------------------CHAIRMAN of the BOARD
OF TRUSTEES has signed on behalf of the Board in the presence of.
PRE-BID MEETING
1. It is proposed to hold a Pre-bid meeting in order to clarify and discuss issues with
respect to the Project, or any other related issues. The meeting shall be held on 11-10-2022 in
the chambers of Chief Engineer, 3rd Floor, Administrative Office Building (AOB),
Visakhapatnam Port Authority, and Visakhapatnam and would start at 15.00 hours.
3. Tenderers are advised to forward their queries, if any on before 11.10.2022 duly
indicating their intention to attend the Pre-bid meeting to:
4. All the queries raised in the pre-bid meeting along with clarifications will be uploaded in
the web site.
5. All enquires shall be addressed to the following address in writing by letter or facsimile
transmission:
7. During the Pre-Bid meeting, the queries received in advance would be clarified first,
followed by those raised during the meeting. The Visakhapatnam Port Trust’s response would
be uploaded in the web site.
The Tenderer (s) has to make a complete & careful examination and independent evaluation of the
tender notice, scope of the project, technical specifications, site, local conditions, physical qualities
of ground, sub soil conditions and all information provided by the Visakhapatnam Port Authority in
the tender and has to determine to his satisfaction the accuracy, nature and extent of difficulties,
risks that are likely to be faced by him during the course of performance of its obligations as per
contract. Any clarifications ambiguities and inconsistencies in the tender shall be raised by the
tenderer along with other tenderers in the pre bid meeting or during the process of bidding only but
not after opening of the bids. No claim on this account will be entertained.
(ANNEXURE – V)
3 (three) works each costing not less than 40% of the estimated cost
(or)
2 (two) works each costing not less than 50% of the estimated cost
(or)
1 (one) work costing not less than 80% of the estimated cost.
4.Proof of average annual turn over should be not less than -- Submitted / NA
100% of the estimated cost during last 3 years.
NOTE:
(1) The Check List should be signed and submitted by the Tenderers along with their Tenders,
duly confirming that they submit the above mentioned documents.
(2) The tenders received without Check List duly signing & enclosing and required documents
as per the Check List will be liable for rejection.
CONTRACTOR
VISAKHAPATNAM PORT AUTHORITY
CIVIL ENGINEERING DEPARTMENT
SCOPE OF WORK
The existing Sardar Vallabhai Patel Bridge (Parallel Bridge) was constructed long back.
Due its longevity and heavy axel loads, the elements such as pre-stressed beams, deck
slab and pedestals etc., are under distress and it is proposed to replace the deck structure
with the following items:
---
NAME OF WORK: Rehabilitation of Deck Structure of Sardar Vallabhai Patel Bridge
(Parallel Bridge) of Visakhapatnam Port
Any claims or disputes arising out of the contract should be promptly submitted in
writing to the Engineer-in-Charge within one month from the date of cause of action so that
the points at issue could be immediately verified at site by the field officers, facts
ascertained and a prompt decision given. Claims raised beyond this time limit will not be
entertained. The tenderers shall carefully note this stipulation.
2. SUB-LETTING:
3. EXCEPTED RISKS :
The “excepted risks“ are war hostilities between India and any other country
(whether war be declared or not) invasion, act of foreign enemies, rebellion,
revolution, insurrection of Military usurped power, Civil war (other wise then among
the contractor’s own employees) or riot, commotion, or disorder or use or
occupation by the Employer of any portion of the works in respect of which
certificate of completion has been issued or a cause proven to be solely due to the
Engineer-in-charge decision or any such operation of the forces of nature as
reasonable foresight and ability on the part of the contractor could not foreseen or
reasonably provide against (all of which are herein collectively referred to as the
excepted risks “) .
4. INSURANCE OF WORKS ETC :
The contractor shall insure in the joint names of the Board and the contractor against all
risks of whatever nature viz., all losses or damages from what ever cause arising (other
than the excepted risks) for which he is responsible under the terms of the contract and in
such manner that the Board and contractor are covered during the period of execution of
the works for any loss or damage, occasioned by the contractor in the course of any
operation carried out by him for the purpose of complying with his obligations. The said
insurance shall cover the following:
a) The works and the temporary works to the full value of such works executed from time to
time.
CONTRACTOR
b) The materials, constructional plant and other things brought on to the site by the contractor
to the full value of such materials, constructional plant and other things, such insurances
shall be effected with an insurer and in terms approved by the Board (which approval shall
not be unreasonably withheld) and the contractor shall whenever required produce to the
Engineer-in-charge or his representative the policy or policies of insurance and the receipt
for payment of current premiums provided always that without limiting his obligations and
responsibilities as aforesaid nothing in this clause contained shall render the contractor
liable to insure against the necessity for the repair or reconstruction of any work
constructed with materials or workmanship not in accordance with the requirements of the
contract. If the insurance policies do not take care of any of the risks identified or part of the
work involved, the contractor shall indemnify the Board suitably against such risks and
works.
The contractor shall (except if any so far as the specification provides otherwise) indemnify
and keep indemnified the Board against all losses and claims for injuries or damages to any
person in the employment of the Board or any property of the Board whatever (other than
surface or other damage to land or crops being in the site suffered by tenants or occupiers)
which may arise out of or in consequence of the construction and maintenance of work and
against all claims, demands, proceedings, damages, costs, charges and expenses
whatsoever in respect of or in relation thereto. Provided always that nothing herein
contained shall be deemed to render the contractor liable for or in respect of or to indemnify
the Board against compensation or damages for or with respect to:
a) The permanent use or occupation of land by the works or any part thereof or (save as
hereinafter provided) surface or other damage as aforesaid.
b) The right of the Board to construct the works or any part thereof on/over/under/in or
c) Interference whether temporary or permanent with any right of a Air way or water or other
easement or quasi easement which is the unavoidable result or the construction of the
works in accordance with the contract.
d) Injuries or damage to persons or property resulting from any act of neglect done or
committed during the currency of the contract of the Board his agents, servants or other
contractors (not being employed by the contractor) or for in respect of any claims,
demands, proceedings, damages, costs, charges and expenses in respect there of or in
relation thereto.
e) Provided further that for the purpose of this clause the expression “the site shall be deemed
to be limited to the area defined in the specification or shown on the drawings in which land
and crops will be disturbed or damaged as an inevitable consequence of the carrying out of
the works.
CONTRACTOR
6. The Contractor shall insure against such liability with an insurer approved by the Engineer-in-
charge which approval shall not be unreasonably with-held and shall continue such insurance
during the whole of the time including maintenance period that any persons are employed by
him on the works and shall when required produce to the Engineer-in-Charge or his
representative such policy of insurance and the receipt for payment of the current premium. If
the Contractor / Tenderer shall fail to effect and keep in force the insurance referred to in the
above clauses hereof any other insurance which he may be required to effect under the terms
of the contract then and in any such case the Engineer-in-Charge or his representative may
effect and keep in force any such insurance any pay such premium ‘or’ premiums as may be
necessary for that purpose and from time to time, deduct the amount to be paid by the
Engineer-in-Charge or his representative as afore said from any amounts due ‘or’ which may
become due to the Contractor / Tenderer ‘or’ recover the same as a debt due from the
Contractor / Tenderer.
1) Before commencing the execution of the work, the contractor (but without limiting his
obligations and responsibilities) shall insure against any damage, loss or injury which may
occur to any property (including that of the Board) or to any person (including any employee
of the Board) by or arising out of the execution of the works or temporary works in the
carrying out of the contract.
2) Such insurance shall be effected with an Insurer and in terms approved by the Chief
Engineer save and except any accident injury resulting from any act or default of the board
his agents or servants and for at least the amount stated in the Tender and contractor shall,
whenever required, produce to the Engineer-in-charge or his representative the policy or
policies of insurance and the receipts for payment of the current premiums. The minimum
amount of third party insurance shall be Rs 5.00 lakhs (Rupees five lakhs only)
8. PERFORMANCE GUARANTEE
a) The Contractor should submit a performance Bank Guarantee (P.G) for 3% of contract value
in VPT’s proforma from a Scheduled bank within 30 days from the date of receipt of work
order, failing which the contract would be rescind without any further notice. The P.G. should
be obtained for the full period covering defect liability period of 24 months at the initial stage
itself.
b) Bank Guarantee obtained from the Nationalised / Scheduled banks in the format prescribed
by the port shall be in compliance with for a digital confirmation for the Bank Guarantee.
Verification of genuineness of Bank Guarantee from the issuing bank shall be carried out
through SFMS for inland BG’s and swift Mode for outside India bank.
CONTRACTOR
The Port Bank details:
e. Beneficiary Bank :ICICI Bank
f. Account no. :6005008974
g. IFSC :ICIC0000060
h. unique code : VPT521470257
The unique code is “VPT521470257 is to be entered by the issuer bank in the Field of
7037 of IFIN 760COV or IFIN767COV in their portal. In turn, the issuer Bank will transmit
the Bank Guarantee via SFMS to the beneficiary bank of the port digitally.
Any BG received by the Port/submitted by the bidder without complying to the above, such
BG will be considered as not valid and shall not be considered for bid valuation.
The EMD and transaction fee for tenders will only be accepted “in online through e-tenders
portal”.
NOTE: The Ministry of Finance Guidelines regarding Bid Security / Earnest Money Deposit /
Performance Guarantee / Security Deposit instructions issued vide no. F/9/4/2020-PPD
Dt.12-11-2020.will be applicable for all the tenders till 31-03-2023. If any new guidelines are
issued by the Government of India. Bidder should submit “Bid Security Declaration”
accepting that if they withdraw or modify their bids during the period of validity etc. they will
be suspended from business with VPT for a period of three (03) years apart from blacklisting
the firm.
9. The Security deposit (SD) consists of two part viz., (i). Performance Guarantee and (ii).
Retention Money. The Retention Money will be the amount deducted from running on account
bills @ 5%. The recovery of Retention Money shall commence from the first bill on wards till
the entire amount of @5% of the contract value is reached. The S.D will be released on
completion of Maintenance period. The authority of release of P.G and R.M is Chief Engineer
and Dy. Chief Engineer respectively.
Failure of the successful Bidder to comply with the requirements of condition no. 8 shall
constitute sufficient grounds for cancellation of the award of work and
suspension from business with VPT for a period 3 (Three) years apart from blacklisting the
firm.
- Nil -
Note: VPT will not supply cement, steel and water required for both permanent and temporary
works. The contractor has to procure the same at his own cost. The procurement of
cement and steel shall made as per the “Additional conditions regarding supply and
procurement of cement and steel”
Visakhapatnam Port Authority will not supply cement and steel. The Contractor
shall procure cement and steel required for both permanent and temporary works
unless specified otherwise and the materials shall comply with relevant I.S. codes
and as given below. Any wastage in cement and steel including the consumption for
temporary works shall be to the account of Contractor and the rates entered in the
Contract for relevant schedule items involving supply and consumption of cement
and steel shall cover the above aspects and no claims will be entertained on these
aspects.
A. CEMENT:
The Contractor shall procure Port land slag cement conforming to IS: 455 (Latest
edition) as required for the work from approved manufacturers of cement having
adequate production capacity and holding valid license to use ISI Certification mark.
Supply of cement shall be taken in 50kgs. HDPE bags bearing manufacturers name
and ISI marking. Prior approval of Visakhapatnam Port Authority is required, before
placing order. Probable list of reliable suppliers may be enclosed to the tender. The
responsibility for selection of proper manufacturers and getting the required
concrete strength shall however rest entirely with the Contractor.
1. Each consignment of the cement brought at site shall be as directed by the Engineer-in-
charge.
2. The Contractor shall arrange testing of cement for each batch in accordance with
provisions of relevant to BIS Code either in V.P.T. Laboratory or any other Govt. testing
laboratories approved by V.P.T. The contractor shall supply the cement free of charge
required for testing. The cost of tests shall be borne by the contractor only. In case the test
results indicate that the cement arranged by the Contractor does not conform to the
relevant BIS code, the same shall stand rejected and shall be removed from the site by the
Contractor at his own cost within a week time of written orders from the Engineer-in-Charge
to do, so and no claim whatsoever will be entertained in this regard.
3. The cement godown shall be constructed by the Contractor at site of work as directed by the
Engineer-in-charge for which no extra payment shall be made. The contractor shall be
responsible for the watch and ward and safety of the cement godown. The Contractor shall
facilitate the inspection of the cement godown by the Engineer-in-Charge at any time.
CONTRACTOR
4. Manufacturers test certificate corresponding each batch shall be supplied with every
consignment of cement. Based on the same but subject to tests at 2 above the cement
shall be allowed to be used in the work in case of emergency. However if the test results
at 2 above do not meet required strength such cement shall be rejected and removed from
the site. Concrete produced with such cement prior to rejection of cement shall be accepted
only if the test results of the concrete are satisfactory. If the concrete test results are not
satisfactory such work shall be rejected and the same shall be dismantled and redone by
the contractor at his cost.
5. The cement brought to the site and remained un-used after completion of work shall not be
removed from the site without prior permission of the Engineer-in-Charge.
6. The actual issue and consumption of cement on work shall be regulated and proper
accounts maintained.
7. Bags found damaged or torn or contain less than specified weight, shall be rejected. Also if
any consignment is found defective the contractor at his cost remove the same from the
site immediately.
8. Cement procured by the contractor shall be stored sufficiently above ground level by
providing proper dunnage below. Any damage or loss of cement while in his custody will be
to the account of the contractor only.
B. STEEL:
The contractor shall procure steel required for the works both for temporary and permanent
including for all fixtures conforming to relevant BIS code from the main producers viz., M/s.
V.S.P., M/s. SAIL, M/s. TISCO, etc., as approved by the Ministry of Steel. The contractor
shall have to obtain and furnish test certificates to the Engineer-in-Charge in respect of all
supplies of steel brought by him to the site of work.
1. Steel reinforcement bars: The reinforcing steel shall be high strength deformed bars of
Fe-500D grade and shall meet the requirement given in I.S. 1786 latest revision.
2. The mild steel bars shall conform to Grade-I of I.S:432 Pt-I of Latest revision.
3. The structural steel viz. M.S. Plates, channels, joists, flats and angles etc., of Fe 250
and Fe 350 and shall conform to I.S. 2062 latest revision and anchor bolts as per SAE
1018.
4. The steel shall be stored by the Contractor at site of work in such a way as to prevent
distortion and corrosion at contractor’s cost. Bars of different sizes and lengths shall be
stored separately to facilitate easy counting and checking.
5. For checking nominal mass, tensile strength, bend test, re-bend test etc., as per BIS,
specimen of sufficient length shall be cut from each size of the section at random at
frequency not less than that specified below:
Under 10 mm dia One sample for each One sample for each
25 tonnes or part thereof. 40 tonnes or part thereof.
Over 16 mm dia One sample for each One sample for each
45 tonnes or part thereof. 50 tonnes or part thereof.
CONTRACTOR
6. The contractor shall supply free of charge the steel specimen required for
testing. The cost of tests shall also be borne by the contractor only. Testing of
steel shall be done in any other Government approved testing laboratories.
7. The actual issue and consumption of steel on work shall be regulated and
proper accounts maintained.
8. Steel brought to site and steel remaining un-used shall not be removed from site
without the written permission of the Engineer-in-charge.
1. The supply of cement and steel by the contractor shall include cost of the materials,
transportation, storage etc., all complete. But excluding GST.
2. Any damage, loss thefts etc., of the cement and steel shall be to the account of the
contractor and the contractor shall arrange necessary watch/security etc., himself at
his cost.
BILL OF QUANTITIES
PREAMBLE TO SCHEDULE – “B”
1. GENERAL INSTRUCTIONS:
1.1 This bill of quantities (Schedule–B) must be read in conjunction “with the drawings”
conditions of contract and the specifications, and the contractor shall be deemed to
have examined the drawings, specifications, conditions of contract and to have
acquainted himself with the detailed descriptions of the work to be done, and the way
in which they are to be carried out.
1.2 The quantities given in the Schedule ‘B’ are approximate and are given to provide a
common basis for tendering. Payment will be made according to the actual
quantities of work ordered and carried out, as measured by the Engineer-in-charge.
The rates entered in the contract for the various items of work shall be valid for any
extent of variation of quantity of each individual item up to 25% subject to total
contract value does not get altered by more than 10% No claim whatsoever for extra
payment due to variation of quantities will be entertained.
1.3 The contractor shall be deemed to have visited the site before preparing his tender
as the work located in and to have examined for himself the conditions under which
the work will proceed and all other matters affecting the carrying out of the works and
cost thereof.
2.1 Rates and prices are to be the full inclusive value of the finished work shown on the
drawings and / or described in the specification and are to cover the cost of provision
of plant, labour, supervision, materials, erection, insurance, maintenance, Overheads
and profits and every incidental and contingent cost and charges whatsoever
obligations under the contract and all matters and things necessary for the proper
completion and maintenance of work.
2.2 The specification is intended to cover the supply of materials and the execution of all
work necessary should there be any details of construction of materials which have
not been referred to in the specification or in the bill of quantities and drawings, but
are necessary for which may reasonably be implied or inferred there from, or which
are usual or essential to the completion of all works in all trades, the same shall be
deemed to be included, in the percentage quoted over tendered amount by the
contractor in the bill of quantities.
CONTRACTOR
2.3 If there is inconsistency between the bill of quantities, specification or drawings, the
description in the bill of quantities shall prevail.
CONTRACTOR
3. METHOD OF MEASUREMENT:
3.1 Standard Method : Unless stated or billed otherwise, quantities shall be measured
in accordance with the Indian Standard Code of practice for measurement of Civil
Engineering Works I.S.1200. The rates entered in the contract shall include
whatever allowance is considered by the Contractor to be necessary for wastage,
working area, construction slopes, batters etc.
3.2 The Contractor shall note that payment for excavation will be made as per
theoretical sizes of trenches pits, etc., as per drawing and that no extra for sloped
excavation or for caving in will be made. The rates entered in the contract shall be
inclusive of the same.
a) The weight of steel and ironwork where used as a basis for payment will be the computed
on the weight based on the values given in Indian Standards.
b) In arriving at the computed weight of any iron and steel work no allowance will be made for
rolling margin or for the weight of oil, paint or other protective coatings.
e) Subject to Clause (b) to (d) above steel plates will be measured as fixed.
f) In computing the weight of any steel joists, channel, angle or similar section no deduction
will be made for notched, chamfered or splayed ends.
3.6 Except where specifically, stated otherwise in the item description the rates entered
in the contract affixed to items of structural steel work and steel and iron works shall
include for fabrication in all respects in accordance with the specifications.
3.7 The Contractor should submit the bill monthly in the format as approved by the
Engineer-in-charge.
CONTRACTOR
3.8 The following details of the Drawings are enclosed
No
1 Location plan -
2. The contractor has to make his own arrangements regarding temporary stores, work
sheds etc., at his own cost. Land for such work sheds, stores, site office etc., till the
work is completed will be given free of rent at a spot approved by the Engineer-in-
charge. The temporary sheds shall be constructed with non-inflammable materials like
G.I. sheets etc., and shall be removed in reasonable time after the work is completed.
In case the Contractor fails to remove the same as aforesaid, the department will
remove the same and cost of such removal will be recovered from any amount due to
the contractor.
3. No covered storage space / quarter will be provided to the contractor to keep his
materials/staff. The contractor shall make his own arrangements till the work is
handed over to the department.
4. A site order book is to be kept by the contractor at the site of work. Any orders and/or
instructions issued by the Engineer-in-charge or his authorized sub-ordinate shall be
entered in this book and shall be deemed to have been legally issued. The contractor
shall sign each entry in token of having seen the same. This site order book shall be
returned to the Engineer-in-charge in good condition after completion of the work.
5. The Port working hours are from 8.30 A.M to 1.00 PM and from 2.00 P.M to 5.30 P.M.
Any work requiring supervision carried out by the Contractor beyond working hours
and holidays, the over time charges involving in such supervision shall be borne by
the Contractor and the Contractor shall apply in writing well in advance of such work.
6. The notice inviting tender etc., shall form part of the contract.
7. All the rules and regulations governing the Visakhapatnam Port Authority shall be
Applicable.
8. All the claims of the Port Authority against this contract or any other transaction
whatsoever will be recovered from the amounts due to Contractor on this contract.
CONTRACTOR
9. Bank Guarantees issued by National / Scheduled Banks will only be accepted in the
prescribed proforma of the Port Authority shall be in compliance with the digital
confirmation through SFMS for inland BG’s and swift mode for outside India banks.
10. All conversion from British to Metric units and vice-versa shall be as per I.S. 786.
11. Whenever the sizes are referred to in British units in Schedule “B” the equivalent in
Metric units will be accepted.
12. The Contractor should see that no obstruction is caused to the normal working of the
Port Staff working in the locality and should co-operate with other contract agencies
working in that area simultaneously without any claim whatsoever.
13. The Contractor should submit daily labour report, ground balance of the materials on
the day, his day’s programme of work in the printed proforma in the early hours of
everyday.
14. The Contractor shall keep the site clean free from all rubbish offensive matter and
other materials not approved by the Engineer-in-charge and in condition permitting
free access to the work.
15. In case any site wherein the Contractor’s materials such as debris, gravel, sand,
Bricks, metal, stone etc., are lying is required to be cleared off for giving any markings
or taking up any other new works, the Contractor should clear the site within three
days from date of receipt of instructions from the department without any extra cost to
the department. In case they are not cleared within three days, they will be removed
either by department or through other agencies and the cost of such removal will be
recovered from the Contractor.
16. The Contractor is responsible for taking precautionary measures for the safety of the
lives of the mazdoors working under him and the responsibility arising due to any
mishap during the execution of work, the payment of any compensation etc., lies
entirely on the part of the Contractor.
17. The percentage tender bearing any inscription either to increase or decrease the
percentage quoted shall not be considered and such tender will be rejected
summarily.
18. The contractor should observe the prohibitory rules and regulations existing at the
time of work as revised from time to time and cause no obstruction or hindrance to the
department works.
19. Any damages caused to Port property either directly or indirectly shall be made good
by the Contractor at his own cost.
20. The Contractor shall take all precautionary measures not to damage any electric
poles, water supply pipelines and any other structures that are close to the alignment
and if any damages occur, they are to be rectified and made good by the Contractor
at his cost. While carrying out excavation for foundations and sub-soil work,
necessary shoring and strutting to ensure the safety of the surrounding structures
shall be provided by the Contractor at his cost.
CONTRACTOR
21. During the execution of work any damages caused to the work due to rains or storm
water shall be made good by the contractor at his own cost.
22. The site of the work will be handed over to the Contractor as soon as the work order
is given. In case the entire site is not handed over to the Contractor he should
programme his work in such away so as not to hamper the progress in any way. No
claim for delay in handing over of the site will be entertained. However, suitable
extension of time may be granted in such case if any, and the decision of Engineer-in-
Charge is final and binding in this regard.
23. The quantities given are tentative and are likely to change due to site conditions the
contractor is advised to inspect the site before submitting the tender.
25. The contractor shall make necessary paths, diversions and temporary approaches, as
required for plying of vehicles etc., at his cost.
26. All defective works pointed out by the Engineer-in-charge shall be rectified by
the contractor at his cost.
27. As the location of work is in a prohibited area, the contractor shall obtain necessary
passes from the Commandant CISF/V.P.T. through the department for himself, his
workers, materials and equipment vehicles etc., as per rules in force. In view of
security requirements, personnel / workers of the contractors shall possess photo
identity cards for Issue of passes. For this purpose, Photo Identity cards issued by the
Contractor are also valid. The Contractors / authorised personnel requiring such
photo Identity cards on a long term basis, the same will be issued by the Port, CISF
as per rules in force.
28. The percentage quoted by the Contractor shall be inclusive of all labour, materials,
leads and lifts in all situations etc., unless otherwise specified and no claim on this will
be entertained.
29. The contractor shall maintain the site clean and provide necessary sanitary
conditions, adequate Latrines and wash places, which may be required on the various
parts of the site for the use of his employees to the satisfaction of the Engineer-in-
charge. The contractor shall make all arrangements for the disposal of garbage and
drainage in accordance with directions of Engineer-in- charge.
30. The contractor should see that the materials shall be stacked in such a way that no
obstruction is caused to the movement of the traffic in that area.
31. The contractor’s specific attention is drawn to relevant clause of the notice inviting
tender and accordingly he should obtain the license from the Assistant Labour
Commissioner (Central) and display the same at the site of work. He should also
ensure the payment of minimum wages to his labour and maintenance of labour
attendance register at site. The weekly labour payment shall be allowed to be
witnessed by the representative of department and it is entirely the responsibility of
the contractor to ensure that all the requirements are adequately fulfilled and the work
carried strictly in accordance with the rules made in this regard.
CONTRACTOR
32. The contractor is responsible for the safe custody of the materials so collected and
stacked by him and measured by the department until used upon the works.
33. The Contractor shall provide all facilities as provided under Labour (Regulation and
Abolition) Act 1970 and other Central/State enactments and shall be responsible for
violation of the same.
34. The contractor shall not prefer any claim with regard to increase in rates of any
material or Labour covered by the subject contract or with regard to applicability of
schedule of rates that may be revised during the currency of contract and that if any
claim has been preferred by the contractor, the same shall not be entertained by the
department and the decision of the competent authority is final and cannot be a
subject matter of arbitration.
35. The department reserves the right to cancel the execution of some items or units of
work at any Time during the execution of work. No claim by the contractor on this
account and due to variation of any particular items will be entertained.
36. The tender containing freak percentages shall be summarily rejected and the
decision of the Chief Engineer, Visakhapatnam Port Authority on this aspect shall be
final and binding.
37. A full time qualified and experience civil engineer / supervisor shall be employed by
the Contractor and shall be available at site at all times. In case if the Contractor fails
to employ a qualified and experienced civil Engineer / supervisor a recovery of an
amount of Rs. 25,000/- per month shall be made for the period he did not employ full
time Civil Engineer from his bills.
38. If the dismantled materials, debris, excavated materials etc., are not removed as per
the instructions of the concerned Officer/their representative a penalty of Rs 1000/-
per day shall be recovered from his bills. The discretion of the E.I.C is final in this
regard.
39. If there is any delay on the part of V.P.T. on making available the site and as result
thereof the completion of work gets delayed the Visakhapatnam Port Authority will
not entertain any claim from the contractor in this regard due to any loss suffered by
him on account of his labour idling or any other account.
40. The tenderers are expected to see the plans and drawings in the division office on
any working day during office hours and obtain such clarifications as necessary and
to carefully inspect the site of work and study the site conditions before tendering for
this work and no claim whatsoever will be entertained at a future date arising out of
local working conditions and clarifications given by the department.
41. The detailed working drawings for construction will be issued in stages depending upon the
sequence and progress of work. The Contractor(s) shall note that no claim will be
entertained in this regard for extension of time for completing of work will be considered.
42. The work will be carried out in a fixed programme approved by the Engineer-in-
Charge, the method and system of carrying the work will be prescribed by the
Engineer-in-Charge at site.
CONTRACTOR
43. The Contractor shall submit weekly progress report in the prescribed proforma
(enclosed) as instructed by the Engineer-in-charge or his authorised representative.
44. Unless stated otherwise, quantities shall be measured in accordance with the
relevant Indian Standard method of measurement.
45. Lifesaving and First aid devices: The contractor at his own expenses provide and
maintain upon the works to the satisfaction of Engineer-in-charge, sufficient, proper and
efficient life saving and first aid appliances, which shall at all times be available at site of
work for use. The Contractor has to take necessary safety measures like providing
helmets for his staff. Workmen at site of work at his own cost in order to avoid any
untoward incidents, no payment will be made in this regard.
46. Security and Safety: Security required: The contractor shall comply with all regulations
imposed by the customs and port security Authorities in respect of the passage of
plant, vehicles, materials and personnel through customs barriers.
(i) Fire safety precautions: The contractor shall make all precautions to prevent
out break of fire and accidents on the site of machinery, men, materials, office,
stores and other places connected with the works directly or indirectly. He shall
comply with all rules, regulations and orders if any issued by statutory authority
and of the Engineer-in-charge at no extra cost of the Board and he shall include
all the charges in the percentage quoted excess/less over the amount put to
tender.
(ii) Restricted areas: The contractor shall obtain from the Board details of any
restricted area in and around the site and shall have prominently and clearly,
displayed for the information of his staff and work people, notices defining any
such restricted areas. Such notice shall be provided at his own expense.
(iii) The Contractor shall give every facility to the authorized safety officer of the
Board to inspect the works whatsoever required and shall observe and abide by
and instructions given by the Engineer-in-charge in regard to the use of plant,
equipment and temporary works in respect of general safety. Compliance with
such requirement shall not be used as the basis of claim against the Board.
CONTRACTOR
c. Contractor shall not tamper any hydraulic flow including drainage, rain harvesting
pits, catchments etc.
49. The contractor shall produce documentary proof to the satisfaction of the Chief
Engineer in token of having paid the mineral revenue due to the Government by the
Contractor if he has procured the minor minerals directly from the quarried under the
relevant Acts, rules and regulations of the State/Central Government or shall obtain
and produce such documentary evidence from the person who operates the quarry.
The said documentary evidence shall disclose the payment of Mineral Revenue due
to the Government for the quantity of the Minor Mineral removed from the said
quarries. Till such time, the contractor produces the above documentary evidence, the
seigniorage fees etc., shall be recovered from the running on account bills and kept in
deposits and the same will only be released to the contractor on production of the
said documentary evidence. If for any reason the contractor fails to produce such
documentary evidence during the period of contract, the Contractor shall produce
Mineral Revenue Clearance Certificate, issued by the Competent Authority of the
Mines & Geology Department to enable refund the pertinent amount. If the contactor
fails to produce this Mineral Revenue Clearance Certificate from the Competent
Authority of Mines & Geology Department the amount so recovered from the running
on account bills as mentioned above on the quantities consumed on the work in
question will be remitted to the Mines & Geology department and there after pass the
final bill in the contract in question. The provision of APMMC Rules 1966 shall apply
for this purpose. On this issue the Contractor shall not raise any demand or claim in
any manner whatsoever and the decision of Chief Engineer is final. In terms of
G.O.M.S. No.23, dt.5-3-99 issued by the A.P. State Irrigation and command area
development department.
50. All materials, unless otherwise specified, shall be of indigenous make meeting the
specifications for the particular work. Manufacturers test certificates and guarantee
cards shall be produced in respect of bought out items on demand by the Engineer-
in-charge.
51. The Contractor shall arrange for at his cost, barricading the trenches, providing
danger lights during night time including watch of lights and signals etc., during
progress of work. For any mishap due to the negligence on the part of the
Contractor, the responsibility rests with the Contractor.
CONTRACTOR
54. The work will be done during working hours and to continue the work if necessary as
per the direction of the Engineer-in-Charge.
55. It is responsibility of the contractor to see that the job enAuthorityed to him is done
expeditiously with safety and in time.
56. Either the Contractor or his authorized representative should be present at site of
work at all times to receive instructions from the department and to implement the
same.
57. No work relating dismantling should be undertaken unless and until the contractor /
Engineer / Supervisor is present at site and as per the direction of the Engineer-in-
Charge of the work.
58. The useful materials obtained from the dismantled materials are to be handed over at
Port General Stores or at the place shown as directed by the Engineer-in-charge at
no extra cost to the department.
59. While carrying out dismantling works, the contractor shall ensure that the adjoining
structures shall not be damaged.
60. The contractor has to dismantle the super structure of existing flyover bridge,
carefully, after ensuring the controlled release of the energy stored in the structure, by
using modern technics. The demolition process shall meet the FIP guide lines, on
demolition of reinforced and prestressed concrete structures.
61. The contractor shall submit the method of working proposed, including safety aspects
for demolition of structures. He should also submit the equipment he proposed to use.
62. During excavation, the contractor shall dismantle and remove any masonry or
concrete or stumps, boulders, roots etc, met with, at no extra cost to the department
unless otherwise specified in the contract.
(a) Before commencement of the work the contractor shall obtain approval of the
Engineer-in –charge for the alignment marked at site of work. Clearance shall also
be obtained with regard to non-interference of optical fiber cables of information
technology network. Similarly clearance is also to be obtained from the concerned
in case of excavation close to electric / telephone cables. Great care shall be
ensured when working with earth moving equipment like excavators, dozers etc.
No mechanical excavation will be permitted close to OFC, Electric and water
supply lines. At such locations manual excavation only is to be carried out.
(b) In case the optical fiber cables of the Information Technology Net Work are
damaged by the contractor / contractor’s workmen / equipment etc., for any reason
what-so-ever, the cost of replacement of the full length of the optical fiber cable of a
make prescribed by VPT shall be borne by the contractor. Cost there of as
assessed by VPT will be recovered from the amounts payable to the contractor/
payable by the contractor. Similarly in the case of electric and telephone cables.
CONTRACTOR
63. The contractor should note that he should ensure safety of the surrounding structures
by providing necessary shoring, strutting while excavating for foundation works. If
any damages are done, the responsibility of making good the same shall entirely lies
upon the contractor at his own cost and risk. No claim what so ever shall be
entertained by the department in this regard. The rate for relevant item of work shall
be inclusive of cost of providing shoring and strutting unless otherwise provided for in
the contract.
64. The contractor shall before taking up any excavation work obtain clearance of site in
writing from the Engineer-in-Charge of the work. To this end he shall submit his
request in writing to the Engineer-in-Charge well in advance. The Engineer-in-charge
shall endeavour to give necessary clearance within 7 days from the date of request
from the contractor. Notwithstanding the clearance given by Engineer-in-Charge,
contractor shall be responsible for damage to any underground services during the
excavation work.
65. Close monitoring of activities of excavation by the contractors shall interact with the
departments concerned for identification of cables / underground services before
taking up the excavation. At such locations when there is a possibility of occurrence of
damage to the property / services, earthwork excavation / breaking of existing
pavement if any shall be carried out manually and with proper information to the
department who may if required cause for departmental representative to be present.
66. Service lines such as electricity cables, water supply line, sewer lines, drainage pipes,
telecommunication cables etc., are embedded in Port roads, road side berms, hard
surfaced areas, pavement etc., The Contractor, therefore, before commencing any
excavation shall seek the specific clearance of the route proposed for excavation.
Notwithstanding such approval he shall be responsible to take necessary precautions
by way of deploying suitable means and restraint to avoid damage to any of the
service lines. In case of any damage caused during the excavation or subsequently
during the progress of the work, he should replace/repair the service lines etc., as
required at his cost, failing which a recovery as evaluated by the Engineer-in-Charge,
would be made from the bills.
67. The granite metal used as coarse aggregate for concrete shall be clean, hard, tough
and durable and the fine aggregate shall be of good, clean, sharp river sand both
conforming to the current BIS Specifications.
68. In the case of hard broken stone used in P.C.C.works, the same shall be clean and
free from dirt and other deleterious matter and conform to the specification of the
relevant item of schedule “B”.
69. Concrete shall be mixed in a mechanical mixer. The mixing shall be continued at
least for 11/2 minutes to 2 minutes i.e., until there is uniform distribution of the
materials and the mass is uniform in colour and consistency. Mixing, transporting,
placing in position and curing shall conform to relevant BIS specifications.
70. No concreting will be allowed during rains or during nights unless permitted by
Engineer-in-charge.
CONTRACTOR
71. All concrete / Masonry / Plastering etc., shall be kept wet and properly cured with
potable water as per relevant I.S. Specifications. If curing is not done properly the
department will be at liberty to engage labour for curing and the expenditure will be
recovered from the contractor’s bills. The decision of the Engineer-in-charge will be
final.
73. The contractor shall maintain a register showing the receipt, consumption and ground
balance of the super plasticiser used in the relevant items of work, daily, and obtain
the signatures of the department’s authorized representative in token of verifying the
same at site of work. All the empty containers, after use in the work, are to be kept at
the site stores of the contractor till the department permits to take away the containers
by the contractor on written request after completion of the work.
74. For effective curing, Beams, Columns footings, Columns, Walls and similar members
shall be wrapped with gunny, which shall be kept profusely wet through out the period
of curing to prevent loss of moisture from the concrete. Other members such as slabs,
raft slabs etc., shall be kept wet throughout the curing period by ponding with water.
The materials required for the curing as mentioned above i.e. gunny bags, sand or
cement etc., shall be arranged by the contractor at no extra cost to the Department
and the contractor should clear them after the expiry of the curing period. The rates
for relevant items of work shall be quoted keeping the same in view.
75. When the Contractor (s) intends to start erecting any part of the temporary works and
staging’s required for carrying out the works he shall furnish to the Engineer-in-
Charge well in advance complete drawings of that part of the temporary works and
staging’s. The Contractor (s) shall at the same time, if so required by the Engineer-in-
Charge, furnish calculation relating to the strength and anticipated deflections in
respect of such temporary works. The Contractor (s) shall also furnish to the
Engineer-in-Charge, drawings showing the method proposed for the erection of the
various part of the works. These details are required for a General Review of
satisfactory performance.
The furnishing to the Engineer-in-Charge of any design for any of the temporary
works and staging shall not relieve the Contractor (s) of any liability or obligation
under the contract in respect of such temporary works and stagings.
CONTRACTOR
76. The formwork or shuttering to be used for all concrete works shall be of steel or
plywood and shall be as approved by the Engineer-in – charge. The formwork shall
be cleaned of all foreign materials such as sawdust, wood pieces etc., before placing
the concrete. Concrete shall not be laid unless the reinforcement cages placed in
position are approved by the Engineer-in-charge. The bottom and sides of slabs,
beams should be even and smooth.
77. Care must be taken not to disturb the concrete either by direct or indirect loading or
by striking off formwork before it has hardened sufficiently. The contractor shall follow
the recommendations of BIS for the removal of shuttering. The contractors have to
plan and arrange their programme accordingly.
78. All concrete surfaces must be even. Any impressions etc. that may occur shall be
treated with cement mortar 1: 1 ½ or rich mortar proportion of sand and cement as in
the original concrete at no extra cost to the department.
79. The contractor shall keep in stock sufficient quantity of aggregates at site of work, to
ensure the continuity of work.
80. Samples (test cubes) from fresh concrete shall be taken and shall be cured and
tested for 7days / 28 days strength as required at no extra cost to the department.
The cubes shall be delivered by the contractor at VPT/A.U. laboratory at no extra cost
to the department.
81. The sampling and strength of concrete shall be carried out as per IS 1199 and IS 516
respectively and also guide lines specified in IS 456:2000.
82. The cost and charges for sampling and making concrete cubes and delivering the
same to the VPT laboratory and / or other places for testing etc., including all
incidental charges in connection with the same shall be borne by the contractor and
shall be deemed to be included in the rates and prices quoted in the bill of quantities.
Testing of concrete cubes will be carried out by the VPT and will be charged as per
the rates in force and the results of tests carried out by the VPT shall be binding on
the contractor. In case it is not possible to test the cubes in VPT’s laboratory, the
contractor has to arrange to test the cubes in the approved local testing laboratory at
his cost and furnish the results to the Engineer-in- charge.
83. Should the test cubes fail to meet the minimum specified crushing strength for each
class of concrete, the Engineer-in-charge may take one of the following decisions:
(a) Instruct the contractor to carry out such additional tests and / or works to ensure
the soundness of the structures at the contractor’s expenses.
(b) The Engineer-in-charge may accept the work. Any decision to accept the work
shall be entirely at the discretion of the Engineer-in- charge, who may make a
reduction in the rate of the appropriate item.
(c) Reject the work and instruct the section of works to which the failed cubes
relates, be cut out and replaced at the contractor’s expenses.
CONTRACTOR
84. Mix Design concrete: Concrete mix is to be designed in general as per IS 10262 to
have a target mean strength specified. The water to cement ratio of various mixes
shall be not to exceed the following: -
It is the responsibility of the Contractor to try various mix proportions to get the
required strength and workability specified. The density of concrete shall not be less
than 2.40 tonnes/cum. The proportions adopted shall be subject to the approval of the
Engineer-in-Charge and they must be determined for each different Type of aggregate
during the course of the work.
NOTE: 1. Maximum cement content in the mixes shall be subject to the approval of the
Engineer-in-Charge based on the Test results indicated above. Extra cement if
consumed more than what is stated above is to be the account of the
Contractor. The Contractor is deemed to have ascertained himself of the
quantity of extra cement required to achieve the required strength.
2. Even if the required crushing strengths are achieved with lesser quantity of
cement, the quantity specified above shall be used.
3. All coarse aggregates for concrete works shall be obtained from hard granite
stone.
85. Designed proportion: The contractor shall make calculations and carryout all the
necessary test to determine for each class of concrete the proportion by weight of
cement, aggregate and water necessary to produce concrete in accordance with the
instructions prior to commencement of work. The contractor shall submit the following
to the Engineer in charge for approval.
All the calculations relevant to the design of each class of concrete mix.
86. Declared proportions: When the Engineer in charge considered that the proportions
submitted to him will produce concrete having the properties required by the above
given table and elsewhere in the specifications, such proportions shall be known as
declared proportions. However, no agreement by the Engineer in charge to such
declared proportions shall relieve the contractor of any of this responsibility to use in
the works at all times. Only concrete having properties as laid down in the above
given table and elsewhere in the specification in all respects satisfactory to the
Engineer in charge shall be used.
CONTRACTOR
87. No deviation from declared proportions: No deviation from declared proportion will be
allowed unless and until the Engineer in charge shall give written authorization for the
adoption of revised proportions from any class of concrete this provision shall also
apply to any revised proportions so authorized.
88. Class of Concrete: The classes of concrete shall be in accordance with the following
table:
89. For all controlled concretes, the contractor shall submit mix design calculations and
carryout all the necessary tests to determine for each class of concrete the proportion
by weight of cement, aggregates and water including admixtures if any necessary to
produce concrete in accordance with the relevant standards prior to commencement
of the works for approval of the Engineer-in-Charge.
90. Whenever there is a change in the source of material, effect of weather conditions
etc., revised mix design shall be carried out by the contractor at no extra cost to the
department.
91. All reinforcement and other steel shall be cleaned free from oil, grease, loose mill
scales, loose rust or other deleterious matter before incorporating in the work.
92. All laps, hooks, bend rings, chairs, fan hooks, cradle hooks etc., in the reinforcement
will be measured and paid for.
93. All cut lengths of steel will be the property of the contractor but he can dispose them
of only with the permission in writing to the Engineer-in-Charge.
94. Great care shall be taken by the contractor to prevent displacement or bending of the
members of the steel. Any displacement shall be adjusted and fixed in position before
commencement of work at no extra cost to the department.
95. Clear cover to the reinforcement as specified in the drawings shall be correctly
maintained by using same strength of concrete spacer blocks and no separate
payment will be made for spacer blocks.
96. The contractor shall note that the department, if required, might alter the
reinforcement drawings etc., during execution. No claim for alteration of drawings will
be entertained by the department.
97. The surface of the reinforcement shall be protected with cement wash during storage,
fabrication and use as required and as directed by the Engineer-in-charge.
98. The contractor shall submit bar bending schedules in advance to the Engineer-in-
charge for his approval.
99. Suitable shear keys shall be provided as directed by the Engineer- in-charge in the
RCC walls of the water tank at every construction joint when the concrete wall is
executed in stages.
100. Where required, necessary holes are to be left in the masonry for G.I. Pipes etc., for
water supply, sanitary and electrical connections as directed by the Engineer-in-
charge at no extra cost to the Department.
101. The contractor has to arrange necessary scaffolding at his own cost. The rate of
relevant item of schedule ‘B’ is to be inclusive of this.
102. The contractor shall note that necessary welding equipment required for
fabrication such as welding plant, diesel generator, welding rods etc., have to be
arranged by the contractor at no extra cost to the department. The rate of relevant
item of schedule B is inclusive of this.
103. Where welding is needed electric welding or gas welding conforming to latest ISS will
be permitted at the discretion of the Engineer-in-Charge and shall be done by the
Contractor with no extra cost to the department.
104. The contractor shall make his own arrangements by installing suitable capacity Diesel
driven generators to meet his construction power requirement. However, where
agreed to, the electrical power will be given by the Visakhapatnam Port Authority from
its nearest main of the Port Authority subject to availability. The contractor has to
arrange to lay necessary power lines or taking power supply point to the site as
approved by the EE (E/M), Visakhapatnam Port Authority. Security deposit,
consumption charges etc., as per the prevailing latest tariff of the Port have to be paid
by the contractor. It may be noted that any delay in giving Electric supply by
department or not giving the same at all or breakdowns in power supply for any
reason cannot be considered either for extra time or a claim what – so- ever by the
contractor.
105. Finish: The plaster shall be finished to a true and plumb surface and to the required
smoothness. It shall be tested with a true straight edge not less than 2.5 m long and
with plumb bobs.
106. Regular inspection of the site by the contractor / technical engineer / supervisor is
required so as to plan execution of the work. Accordingly the contractor has to quote
the percentage excess / less over the amount put tender.
107. If any forged / fake documents are submitted by the tenderers, their business
dealings with VPT will be banned”.
108. The contractor/ Firms while quoting tender shall note that, no post tender negotiation
will be held with the L-1 tenderers, except in exceptional cases, whenever it is found
necessary.
CONTRACTOR
109. Hindrance Condition: The Contractor or his authorized representative shall
invariably sign in the hindrance register, which shall be maintained by the concerned
division at site of work. The hindrance in execution of work will be recorded in the
register whenever any hindrance takes place while execution of work and the same
shall be reviewed by the E.I.C from time to time, to examine the justified reasons for
considering extension of time etc.
110. The bidder shall give an undertaking that they have not made any payment or illegal
gratification to any person / authority connected with the bid process so as to
influence the bid process and have not committed any offence under the P.C .Act in
connection with the bid.
111. In the event that two or more bidders quote the same amount of percentage (
the “Tie Bidders”), the authority shall identify the selected bidder by draw of lots,
which shall be conducted, with prior notice, in the presence of the Tie Bidders who
choose to attend.
112. In the case the document submitted by the bidder found to be not genuine,
the management reserves the right to forfeit the EMD/SD besides not to allow to
participate in future tenders of VPT.
113. The bidders shall disclose any payments made or proposed to be made to any
Intermediaries (Agents etc) in connection with the bid.
114. “The Bidder will have to give a certificate that their firm/ company is not having any
relationship (Direct / Indirect) either personal or Commercial with any of the
existing Authorities of V.P.T”
115. Tenderers shall submit the experience/completion certificates along with their
tender duly notarized.
116. Micro and small enterprises registered with NSIC and ministry of MSME with
adequate monitory limits are exempted from payment of tender cost and EMD
amount for participating in V.P.T tenders for the execution of works/ AMC works.
117. All the eligible Bidders, who are registered with NSIC/Ministry of MSME are
exempted from payment of EMD amount and tender Document Cost subject to
fulfilling of following conditions:
i. The Bidder should invariably submit a request letter claiming “EMD and Tender
Document Cost exemption”.
ii. The Bidder has to submit the self-certified copy of the registration certificate
issued by NSIC/Ministry of MSME for the works/service relevant to the “Subject
Tender” as per Pre-qualification criteria.
iii. The above registration certificate should be valid on the date of opening of the
technical bid.
CONTRACTOR
iv. The Monitory limit of the Registration Certificate shall be more than the “Amount
put to Tender”. In case the monitory limit of the above Registration Certificate is
less than the estimated cost (put to tender), then the above certificate will be
treated as invalid for the subject tender value.
v. In case the Registration Certificate issued by NSIC/Ministry of MSME is found to
be invalid (date expired) or insufficient monitory limit or irrelevant works or
services i.e. other than the tendered works/services. Then the above
Registration Certificate cannot be considered for exemption of EMD & Tender
Document Cost and the Bid received will be treated as “Bid submitted
without EMD and Tender Document Cost”, which would attract disqualification
under EMD & Tender Document Cost of tender conditions as mentioned above.
vi. In case the bid is submitted as an Indian arm of a Bidder and the eligibility
criteria conditions were met thru foreign company, then the “EMD Exemption &
Tender Document Cost cannot be claimed under the MSME status of Indian
arm/Subsidiary.
vii. Copy of “Application for obtaining NSIC/ MSME Registration” of pending renewal
of NISC will not be entertained. Such offers will be treated as Offers received
without EMD and Tender Document cost.
118. FOR EVALUATION:- The exchange rate being the selling rate prevailing on the
date of opening of Price bid only as announced by State Bank of India is to be
considered.
119. FOR PAYMENTS:- payments are to be made in equivalent India Rupees on the
date of such payment at the exchange rate being the selling rate of State Bank of
India prevailing on such date so that the accepted foreign value of the bid remains
unchanged during the contract period. However, in the case of delay on completion
of the contract, the payments are to be made at the exchange rate prevailing on the
date of payment or on the last day of the schedule period whichever is less shall be
taken in to consideration for calculation of INR.
120. The contractor shall be liable for authenticate verification of work men engaged in
the work including obtaining proof of Aadhar Cards etc.,
121. The contractor shall engage experienced/ skilled workmen at the site.
122. The contractor shall fulfil all the legal requirements regarding insurance, PF, ESI
etc., to the workmen engaged in the work and shall comply all the QMS/
EMS/OHSAS existing norms of the organization.
123. The contactor/authorized representative shall monitor workmen round the clock and
shall synchronize with the section in-charge from time to time.
CONTRACTOR
124. The contractor shall be liable for any theft / damages occurred to the Port property
due to his workmen mismanagement / carelessness / un-lawful activities etc., at
site, the necessary recovery will be affected based on the actual assessment what
so ever from running account bills. The Engineer-in-charge discretions the final in
this regard.
125. If required, the construction agencies / Firms would provide Crèche at their camp
offices / Labour work sites.
126. The contractor shall submit the proof of actual payment done (e-payment) to the
workmen engaged particulars to the Engineer-in-charge for processing running
account bills (payment will be made only for prescribed persons in the work).
127. The bidder has to enter in to Pre-contract Integrity Pact Agreement prescribed in
the pro-forma enclosed and has to be submitted along with the tender.
128. The contractor has to submit the Job mix for WMM course item in the scope of
work and shall obtain the approval of Engineer-in-Charge before execution of the
work.
129. The Contractor has to procure the structural steel such as angles, plates etc.,
mentioned in Schedule ‘B’ and transport the same to site of work at his own cost
and necessary test certificates are to be produced by the Contractor.
130. All the pipes, specials etc., procured for the work shall conform to Indian
Standard specifications. The contractor shall produce test certificates for the above
items.
131. The contractor has to submit manufactures test certificates for the pipes and
specials as per the relevant IS standards as directed by the Engineer-in-Charge.
132. All the pipes, specials, fittings, rubber gaskets, accessories etc., required for
the work are to be procured by the contractor. The department will not supply the
same.
133. Payment for laying and jointing pipe line shall be made based on the total
length of the pipe line as laid including all specials no extra claim for laying and
jointing of specials etc., will be entertained.
137. All the tenderers are requested to physically inspect the existing sub & super
structure including ancillary works of the “Parallel Bridge” in Port area and satisfy
themselves about the condition and obtain any clarification if required. No claims
will be entertained in this regard.
138. The contractor has to plan well in advance the re-routing of pipelines,
electrical lines, cable network, etc., before dismantling of the required work and
necessary precautionary measures has to be taken care in the hindrance of the
services.
139. The Contractor shall take great care to obtain all the useful materials in good
condition from dismantling the structures and transport them to specified stores as
directed by the Engineer–in–Charge.
140. The Contractor shall be responsible for the safety of all the useful materials
obtained from dismantling until handing over the same to stores as specified or as
directed by the Engineer –in – Charge.
141. No work relating dismantling should be undertaken unless and until the contractor /
Engineer / Supervisor is present at site and as per the direction of the Engineer-in-Charge
of the work.
CONTRACTOR
146. Lifting and placing of the precast slabs shall be undertaken without causing
shock vibration or undue stress to or in the slabs. The slabs shall not be lifted,
transported or used in the work until they are sufficiently matured.
147. Elastomeric bearings complying with the requirements of latest edition of IRC
83 shall be used.
148. Expansion joints shall be provided as shown in the drawing or as directed by the
Engineer-in-charge.
149. JOINT VENTURE: (For works costing more than Rs.5.00 Crores only)
Joint venture partners would be limited to three (including the lead partner)
with at least 26% equity holding for each member. One of the partners, who is
responsible for performing key function in the contract management or is
executing major component of the proposed contract, shall be nominated as being
in charge during the bidding period and in the event of a successful bid, during
contract execution. The partner in charge shall be authorised to incur liabilities
and receive instructions for and on behalf of any and all partners of the joint
venture, this authorisation shall be evidenced by submitting registered power of
attorney signed by legally authorised signatories of all the partners.
All partners of the joint venture shall be liable, jointly and severally, during the
bidding process and for the execution of the contract in accordance with contract
terms, and a statement to this effect shall be included in the authorisation as
above. The bid shall be signed so as to legally bind all partners, jointly and
severally.
Joint ventures must comply with the following requirements:
The joint venture must satisfy collectively the eligibility criteria as described in
this section. For this purpose, the following information of each member of the
joint venture may be added together to meet the collective eligibility criteria:
(i) Average Annual Turnover
(ii) Particular Construction Experience
(iii) Capacity of key Personnel
(iv) Ability to own / lease relevant equipment
(v) Financial capacity
Each JV partner including the lead partner shall meet not less than 26% of the
following criteria:
A copy of the joint venture agreement (JVA) specific to this project, if entered into by the
partners shall be submitted with the Bid. Alternatively, a letter of intent to execute a JVA
in the event of successful bid shall be signed by all partners and submitted with the bid. In
any case, it is mandatory that a JV agreement is entered into before award of the work.
Pursuant to the foregoing, the JVA shall include among other things, the joint venture’s
objectives, the proposed management structure, the contribution of each partner to joint
venture operation, the commitment of the partners to joint and several liability for due
performance, recourse / sanctions with in the joint venture in the event of default or
withdrawal of any partner and arrangements for providing the required indemnities.
CONTRACTOR
150. Escalation Formula:
Price variation clause is applicable for all the Civil works having tender cost more than
Rs. 1 Crore and duration of more than 12 months as under:
“The compensation for escalation in prices shall be payable only for the work done during
the stipulated period of the contract including such period for which the contract validity is
extended under the provisions of the contract. During such period of extension the values of
MI, LI, FI shall be the All India whole sale index for all commodities, minimum wage of an
un-skilled adult male mazdoor, average index number of whole sale price group (fuel,
power, light and lubricants) respectively prevailing on the due date of completion as per
original stipulated completion period or the actual index referred to which is lower”.
Compensation for escalation in the prices of materials, labour and POL, when due shall be worked out
based on the following provisions:-
1. The base data for working out such escalation shall be the last date on which tenders were stipulated to
be received.
2. The cost of work on which escalation will be payable shall be reckoned as 85% of the cost of work as
per the bills, running or final and from this amount the value of materials supplies under schedule ‘A’ of
this contract or services rendered at fixed charges under the terms of the contract and proposed to be
recovered in the particular bill, shall be deducted before the amount of compensation for escalation is
worked out. In the case of materials brought to site for which any secured advance is included in the bill
the full value of such materials as assessed by the Engineer-in- Charge (and not the reduced amount for
which secured advance has been paid), shall be included in the cost of work done. Similarly, when such
materials are incorporated in the work and the secured advance is deducted from the bill, the full
assessed value of the materials originally considered for operation of this clause should be deducted
from the cost of the work shown in the bill, running or final. Further the cost of work shall not include
any work for which payment is made under the terms of the contract at prevailing market rates.
3. The components of materials, labour, P.O.L; etc shall be pre-determined for every work and
incorporated in the conditions of contract attached to the tender papers and the decision of the
Engineer-in-Charge in working out such percentages shall be binding on the contractor (s).
4. The compensation for escalation shall be worked out for Variation in cost of material (V M), Variation
in cost of labour (VL) and Variation in cost of fuel (VF) as under:
Note: Regarding Average market price, item 13 of Chapter VII may be followed.
(ii) VM2 = Variation in cost of materials other than Steel, Cement, Bitumen and
P.Way materials
= W1 X MI- MI0
MI0
W1 = (0.85W x X - Cost of steel, cement, bitumen and P.Way materials used during period under
consideration)
W= Cost of work done worked out as indicated in sub Para 3.6.A.2 above
MI & MI0: All India whole sale index for all commodities for the period under reckoning as
published by the Economic adviser to Government of India, Ministry of Industry and
Commerce, for the period under consideration and that valid at the time of receipt of
tenders, respectively.
b) VL = 0.85 x W x Y x LI - LI0
LI0
VL: Variation in labour cost i.e., increase or decrease in the amount in rupees to be paid or
recovered.
W: Value of work done, worked out as indicated the in sub Para 3.6.A.2 above.
LI: Minimum wage in rupees of an unskilled adult male mazdooor, as fixed under any law,
statutory rule order as applicable on the last day of the quarter previous to the one during
which escalation is being paid.
LI0: Minimum daily wage in rupees of an unskilled adult male mazdooor, as fixed under any law,
statutory rule or order as on the last date on which tenders for the work were to be received.
c) VF = 0.85 x W x Z x FI - FI0
FI0
V: Variation in cost of fuel, oil and lubricant,
FI & FI0 : Average index number of wholesale price for Group (Fuel, power, light &
lubricants) –as published weekly by the Economic Adviser to Govt. of India
Ministry of Industry for the period under reckoning and that valid at the time
of receipt of tenders, respectively.
5. The following principles shall be followed while working out the indices mentioned in sub Para 4
above:
a. The index relevant for any quarter will be the arithmetical average of the indices relevant to
the three calendar months preceding the month in question.
b. The base index will be the one relating to the month in which the tender was stipulated to be
received.
c. The compensation for escalation shall be worked out at quarterly intervals and shall be with
respect to the cost of work done during the previous three months. The first such payment
will be made at the end of three months after the month (excluding) in which the tender was
accepted and thereafter at three months interval.
d. No price variation will be admissible for the period of contract extended duly levying the
compensation for delay for defaults on the part of the contractor.
6. In the event the price of materials and /or wages of labour required for execution of the work
decrease/s, there shall be downward adjustment of the cost of work so that such price of
material and/or wages of labour will be deductable from the cost of work under this contract
and in this regard the formula here in before stated under this agreement shall apply.
B. Maintenance contracts:-
For the purpose of payment of escalation, the contract duration is divided in to two parts as under:
2. Part 2: Succeeding period i.e. the period after the first 12 months.
CONTRACTOR
No escalation will be payable for work carried out during the period under part 1. Further,
individual work orders issued during this period and are pending execution after completion
of Part 1 will also not quality for payment of escalation.
The work executed as per the individual work orders issued during the succeeding period i.e.
the period under Part II only will quality for payment of escalation.
The rate of escalation during entire period under Part II will be uniform (fixed). Accordingly,
the parameters M1, L1, and F1 for working out escalation will be those prevailing on date of
commencement of this period (Part II), while the parameters MI0, LI0 and FI0, will be those
prevailing as on the due date for submission of the bids.
Maintenance Contracts:
As the “Maintenance contracts” extend for longer duration the requirements with regards to (A)
Experience (B) Turnover and (c) Solvency may be reckoned with reference to average annual cost
of work put to tender i.e. Total value
No. of years
151. The bidder has to submit declaration (Declaration No.1) towards GST as prescribed
in the pro-forma enclosed.
b) According to GST Act every dealer is liable to be registered whose aggregate turn
over exceeds Rs.20 lakhs for supply of goods / services / executing any works
contract. Accordingly GSTIN is to be provided for participation in tender and to award
the contract.
c) The applicable TDS as per the central GST (CGST) Act will be deducted as and when
notified by the Government.
d) The rate to be quoted should be exclusive of GST component and payment will be
made against “Tax Invoice” as prescribed under the GST Act / Rules.
e) The supplier/contractor is required to remit GST as per the “Tax Invoice” and file the
details in GSTR on or before10th of the subsequent month to enable VPT to claim
input tax credit otherwise the said tax invoice will be kept pending for payment.
(f) The rate quoted shall be exclusive of GST and GST as applicable shall be extra.
(g) The supplier / contractor shall have to provide HSN code / SAC code and the
responsibility of applying the correct rate of Tax in GST regime shall be on the
supplier / contractor. The supplier / contractors is not entitled for any other taxes /
cesses which are subsumed in GST except for applicable GST mentioned in the Tax
Invoice.
CONTRACTOR
(h) The Central excise duty, VAT and TDS on works contracts, Service tax, Octroi, Entry
tax etc. which are subsumed in GST are no more applicable in the present GST.
(i) Supplier / Contractor is to submit Tax Invoice (for taxable supplies) as per the
governing provisions of GST law and all the particulars which are mandatorily
required to be mentioned in Tax invoice etc. shall have to be necessarily mentioned
in such Tax Invoice. The amount of GST claimed in the Tax Invoice shall be final and
any future claim by the supplier / contractor shall not be entertained by VPT under
any circumstances.
(j) In case of further change in the tax structure till the date of completion of work or in
case any error is noticed in the calculation of amount payable / recoverable the same
shall be paid by VPT or else recovered from the bills or security deposits or any other
amounts payable to the supplier / contractor.
(k) In case the value charged / tax charged in the tax invoice is found to be less than the
taxable value or tax payable in respect of such supply, the same shall not be
entertained by VPT unless the supplier / contractor who has supplied such goods or
services or both, shall issue to the VPT a debit note / supplementary invoice
containing such particulars as may be prescribed.
(l) The supplier of goods / services / composite supplies / works contractor has to
mandatorily remit the GST collected from VPT to the Government. In case of any
non-payment of GST by such supplier of goods / services / composite supplies /
works contractor which has the adverse effect on the input tax credit availed by VPT if
any, such amount together with interest shall be recovered from the bills / tax invoices
/ any other amounts payable to the supplier / contractor.
(m) VPT is liable to deduct TDS if applicable as per the provisions of Section 51 of
CGST Act from the date notified by VPT at the applicable rates.
(n) The components viz. Labour cess, TDS as per Income tax Act 2017, Seignorage fee
etc. viz. taxes / cesses which are not subsumed in GST shall be applicable as it is
and there is no change in such recovery procedure and the same has to be
continued.
(o) In terms of clear provisions under Section 171 (1) of CGST Act, the supplier /
contractor shall have to pass on the benefit in the form of reduction in prices in case
there is any reduction in rate of tax on any supply of goods or services or the benefit
of input tax credit. Accordingly, the contractor has to submit a Declaration
(Declaration No.2) attached herewith.
153. If the contractor fails to execute the work as per the specifications of Schedule “B”
and conditions of contract, the performance of the contractor will be evaluated
basing on the scoring system and the contractor will be down graded to immediately
lower category of registration as under;
i. If the penalty score marks between 26 to 50 - The down grade period will be 1 year.
ii. If the penalty score marks between 51 to 75 – The down grade period will be 2 years.
iii. If the penalty score marks more than 75 - The down grade period will be 3 years.
CONTRACTOR
i) Each contract shall be given a score in accordance with the following table:
3) Site Supervision 20 -1 mark for each occasion when work was carried out
without a competent supervisor.
Note: Competent supervisor is a supervisor competent to guide and inspect the work of the
particular trade being carried out.
4) Timely completion 20 -4 marks for each unit of delay in excess of 5%
(incl. Monsoon) of contract period.
Note: In order to discourage misuse of this clause, the tender of a tenderer which quotes a
completion period larger than stipulated will be loaded as per ADB guidelines. The
amount of loading = liquidated damages for the period in excess of that Stipulated in
the tender.
5) Complying with other 20 -2 marks for each delay
conditions of
Contract provisions -4 marks for each non-compliance.
as regards facilities
required for inspection,
testing, etc.
6) Defect liability (i) -5 marks if maintenance is required
During defect liability period.
(ii) –10 marks for delay in rectifying defect
(iii) –20 marks for failure to attend to
Maintenance pointed out.
ii) The score should be given by the concerned Executive Engineer and checked by
the concerned S.E / Dy. C.E.
iv) The scoring for item (1) to (5) to be completed and confirmed within 15 days of
completion of the work.
v) Cases where the contractor’s score for items 1 to 5 is less than 75 to be reviewed
and confirmed by CE / Dy.C.E / S.E and on official warning to be issued to the
contractor.
vi) Incidents justifying negative marking must be properly recorded immediately and
investigated and confirmed by the Executive Engineer within 24 hours and the
contractor’s explanation shall also be recorded and filed.
CONTRACTOR
vii) The service certificate will be issued to the contractor for the performance of the
work based on the following score.
a) 80 and above - - - - - - - Good.
b) 60 to 80 - - - - - - - - - - - Satisfactory.
c) Below 60 - - - - - - - - - - Poor.
A) Experience: The tenderer has to submit proof of experience in executing similar nature
of works including period of delay if any, experience in having successfully completed
similar works during last 7 years ending last day of month previous to the one in which
applications are invited should be 3(three) similar completed works each costing not less
than 40% of the estimated amount put to tender (or) 2(two) similar completed works each
costing not less than 50% of the amount put to tender or 1 (One) similar completed work
not less than 80% of the amount put to tender.
Note: The work experience issued by the agency / organization other than Govt./PSU or
VPA should be supported by TDS issued by income tax dept., other wise the
experience produced will not be considered.
If the delay attributable to the contractor in execution of any completed work is
more than 25% of contract period they will not be shortlisted and price bids will not be
opened.
NOTE: Similar nature of works means: -- Bridge works
B) Turnover: The tenderer has to submit details of average annual turnover not less than
100% of amount put to tender during the last 3 years ending 31 st March of the previous
financial year issued by any Charted Accountant, other wise their tender will not be
opened (Provisional turnover certificate will not be considered for evaluation). .
C) Solvency: The tenderer has to submit solvency certificate issued from Nationalised
Bank / Scheduled Bank to the extent of Rs.50.00(Fifty) lakhs obtained within one year
which is valid on the date of submission of tender, otherwise their tender will not be
opened.
D) Registration: Proof of registration, as a registered contractor with Govt. / PSU or with
Visakhapatnam Port Authority or their organisation is not to be treated as eligibility criteria.
E) The tenderers will be short listed based on the information regarding qualification
criteria such as experience in executing similar nature of works, Turnover, Solvency,
plant and machinery to be deployed on the work. Engineer/ Supervisors / Safety
Engineer to be engaged on the work etc., submitted by the tenderers along with their
tender in a separate sealed cover. Accordingly, price bids of the tenderers those are
short listed by Tender Committee will be opened.
a) The Visakhapatnam Port Authority has Quality Management System (ISO 9001-
2015), Environmental Management system (ISO 14001:2015) and Occupational
Health and Safety Management System (ISO 45001: 2018) for their activities. One
copy of consolidated policy is enclosed herewith. The contractor shall comply with
all the requirements of ISO 9001:2015, ISO 14001:2015 and ISO 45001: 2018
standard.
CONTRACTOR
b) The contractor shall while carrying out the above work, abide by safety tasks, rules,
regulations and procedures established by Visakhapatnam Port Authority as
prescribed in the manuals, HIRA format, work instructions, operational control
procedures. Copies of the same will be made available to the contractor upon
request for reference.
c) The contractor shall abide by all Safety Standards and codes attributable to the
material and goods to be delivered to site.
d) The contractor shall participate in safety awareness meetings held at site adhere to
the instructions issued and shall also adhere to the safety programmes established
by V.P.T.
e) The contractor shall be responsible for health / safety of their personnel including
workers during their work at site and correct any deficiencies in the above matters.
f) The contractor shall plan work activities so that all work will be done in compliance
with the rules and regulations and procedure established by V.P.A. and to follow
safe working practices and keep site clean and neat.
k) The contractor shall submit daily labour report including supervisors etc., with
clearly specifying the names and their age to the VPA's Engineer or his authorized
representative at site. Also record of labour working beyond working hours shall be
maintained and submitted to the V.P.A. Engineer or his authorized representative at
site.
l) The contractor shall submit the risk assessment on HIRA Format prior to the
Execution of each activity.
156. Quality assurance: Quality assurance system completely covering all the activities involved
in construction and completion of bridge shall be installed and continually operated by the
contractor to the entire satisfaction of Engineer-in-charge.
Contractor shall also submit to the Engineer-in-charge before beginning of execution, a report on
the quality assurance system. The report shall describe all salient details of organization with
identification of key personnel, methods and frequency of inspection/testing/measurement, quality
control tasks, check lists control charts/records, documentation and any other relevant information.
Submittal of the report shall in no way absolve the contractor of his sole responsibility of operating
an adequate quality assurance system and rigid quality control.
CONTRACTOR
Load test on superstructure: the contractor shall have to carryout a load test on two specified
spans of the superstructure for the design static loads or their equivalent and in a manner as
directed by the Engineer-in-charge. No separate payment for the same will be entertained. The
contractor shall prepare well in time all necessary calculations and details of arrangements for load
testing.
1.0 BACKGROUND
• Promise on the part of bidders not to offer any benefit to the employees
of the Principal not available legally;
• Bidders not to enter into any undisclosed agreement or understanding
with other bidders with respect to prices, specifications, certifications,
subsidiary contracts, etc.
• Bidders not to pass any information provided by Principal as part of
business relationship to others and not to commit any offence under PC/
IPC Act;
• Foreign bidders to disclose the name and address of agents and
representatives in India and Indian Bidders to disclose their foreign
principals or associates;
3. 1 and 3 .2 above.
3.4 In all tenders covered under the Integrity Pact, particulars of all IEMs,
including their email IDs, should be mentioned, instead of mentioning
details of a single IEM.
3.5 The Purchase I procurement wing of the organization would be the focal
point for the implementation of IP.
3 .6 It has to be ensured, through an appropriate provision in the contract, that
IP is deemed as part of the contract so that the parties concerned are
bound by its provisions.
CONTRACTOR
3.7 IP would be implemented through a panel of Independent External
Monitors (IEMs), appointed by the organization. The IEM would review
independently and objectively, whether and to what extent parties have
complied with their obligations under the Pact.
3.8 A clause should be included in the IP that a person signing IP shall not
approach the Courts while representing the matters to IEMs and he I she
will await their decision in the matter.
3 .9 In case of a joint venture, all the partners of the joint venture should sign
the Integrity Pact. In case of sub-contracting, the Principal contractor
shall take the responsibility of the adoption of IP by the sub-contractor.
It is to be ensured that all sub-contractors also sign the IP.
CONTRACTOR
4.3 The IEMs would examine all complaints received by them and give their
recommendations/views to the Chief Executive of the organization, at
the earliest. They may also send their report directly to the CVO in case
of suspicion of serious irregularities requiring legal/administrative
action. Only in case of very serious issue having a specific, verifiable
Vigilance angle, the matter should be reported directly to the
Commission. IEMs are expected to tender their advice on the complaints,
within 30 days.
4.4 For ensuring the desired transparency and objectivity in dealing with the
complaints arising out of any tendering process or during execution of
contract, the matter should be examined by the full panel oflEMsjointly,
who would look into the records, conduct an investigation, and submit
their joint recommendations to the Management.
4.5 TEM should examine the process integrity, they are not expected to
concern themselves with fixing of responsibility of officers. Complaints
alleging malafide on the part of any officer of the organization should be
looked into by the CVO of the concerned Organization.
4.6 The advisory role of fEMs is envisaged as that of a friend, philosopher
and guide. The advice of IEM would not be legally binding and it is
restricted to resolving issues raised by a bidder regarding any aspect
of the tender which allegedly restricts competition or bias towards
some bidders. At the same time, it must be understood that IEMs
are not consultants to the Management. Their role is independent in
nature and
the advice once tendered would not be subject to review at the request of
the organization.
4.8 IEMs.
All IEMs should sign non-disclosure agreements with the organization
in which they are appointed. They would also be required to sign
a declaration of absence of conflict of interest.
4.9 A person acting as an IEM shall not be debarred from taking up other
assignments such as consultancy with other organizations or agencies
subject to his declaring that his I her additional assignment does not
involve any conflict of interest with existing assignment. In case of any
conflict of interest arising at a later date from an entity wherein he is
or has been a consultant, the IEM should inform the CEO and recuse
himself/herself from that case.
CONTRACTOR
4.10 All organizations may provide secretarial assistance to IEMs for
rendering his/her job as IEM.
4.12 The role of the CVO of the organization shall remain unaffected by the
presence of IEMs. A matter being examined by the IEMs can be
separately investigated by the CVO in terms of the provisions of the
CVC Act or Vigilance Manual, if a complaint is received by him/her or
directed to him/her by the Commission.
4.13 All the deliberations during the IEMs' meetings should be minuted and
in the next meeting, the IEMs should confirm the recorded minutes of
the previous meeting.
(v) Officers of Armed Forces, who were in the pay scale of equivalent
or higher to Additional Secretaries to Govt. of India, at the time of
retirement.
5.3 The Commission would not include a retired person in the panel being
maintained by it for consideration for nomination as IEM, if that retired
person had accepted a full time assignment, post retirement, either in
government sector or private sector or elsewhere. All those empanelled
persons have accepted full time employment elsewhere, would cease to
remain on the panel, from the date on which they have accepted the said
assignment.
5.4 The Commission would nominate IEMs for an organization, from the
panel of IEMs maintained by it. The proposal for nomination ofTEMs
in the respective organizations should be sent by the concerned
department responsible for ensuring implementation of Integrity
Pact in the organization, after taking approval of the competent
authority. The proposal for nomination of IEMs should preferably be
sent 3 months prior to the completion of tenure of the existing lEMs,
failing which the Commission would nominate IEM(s) on its own
from the panel, maintained by it.
5.5 The Commission would not consider the name of a retired officer/
executive for nomination as IEM in a particular organisation, in case that
person has retired from the same organization or has conflict of interest
in any form.
However, in case the person being appointed as IEM in a particular
organization has a conflict of interest, which may have gone unnoticed,
despite best efforts, he/she should inform the Appointing Authority
about the same at the time of offer of appointment being given to him/her
and should not accept the offer for appointment as IEM in that particular
organization.
CONTRACTOR
5.6 Three IEMs shall be nominated for appointment in Maharatna and
Navratna PSUs and two IEMs shall be nominated in all other
organizations.
5 .10 In any organization, the IEMs shall be paid per sitting a fees of Rs.
6.2 All organizations are called upon to make sincere and sustained efforts
to imbibe the spirit and principles of the Integrity Pact and carry it to its
effective implementation.
157. Arbitration Rules of the Society for Affordable Redressal of
Disputes - Ports (SAROD-Ports)
Sl Rule INDEX
No
1. Scope of Application
2. Definitions
4. Commencement of Arbitration
5. Response by Respondent
28. Hearings
30. Witnesses
40. Settlement
41. Interest
42. Costs
43. Waiver
1.2 These rules shall c o m e into effect from the day of approval by Governing
Body of S A R O D -PORTS.
Rule 2 - Definitions
2..1 These Rules shall be referred to as "the SAROD-PORTS Arbitration Rules".
2.2 In these Rules:
"Act” means the ‘Arbitration and Conciliation A c t 1 9 9 6 ’ of India
a n d any statutory modifications or re-enactments thereof
4.2 A filing fee of Rs. 10,000/- (Ten thousand) .or any amount
decided by Governing Body from time to time is payable at the
time of filing the Notice of arbitration.
4.3 The date of f i l i n g of the Notice of Arbitration ...with the
Secretary is the date of commencement of the arbitration for the
purpose of these Rules.
6.1 Within 30 days after the filing of the Notice of Arbitration, the
claimant must file with the Secretary and serve on the Respondent, a
Statement of Claimant's Case along with all documents to be relied upon
by the Claimant.
6.2 Within 30 days after the service of the statement, of .
Claimant's Case, the Respondent must file with the Secretary and serve
on the Claimant, a statement of respondent's defence· and
counterclaim,(if any)'-along with all documents to be relied upon by the'
Respondent.
7.2 It must:
a. Set out all i t e m s of relief or other remedies sought together with the
amount of all quantifiable claims and detailed calculations.
b. State fully its reasons for denying any allegation or statement of the other
party.
c. State fully its own version of events if a party intends to put forward a
version of events different from that given by the other party.
7.3 A case statement must be signed by or on behalf of the party
making it.
8.1 If the Claimant fails within the time specified under·the.se Rules or as
may be fixed by :the Tribunal or by the Secretary,, to submit' its Statement
of Case, the Tribunal or i f a Tribunal has not been appointed, the-
Governing Body . may issue an order for the termination of the arbitral
proceedings or make 'such other directions as may be appropriate in the
circumstances.
10.1 At the request of the Tribunal or either party, the Secretary will
render such assistance as is required for the conduct of the arbitration,
including arranging for facilities, suitable accommodation for sittings of the
Tribunal, secretarial assistance or interpretation of these rules.
10.2 Any additional expenses incurred or to be incurred for any such
arrangements shall be borne by the parties
Rule 11- Appointment of Tribunal
11.2 In all cases of disputes claimed for more than Rs. 3 Crores, the tribunal
shall consist of odd number of Arbitrators to be nominated by the parties.
The Presiding Arbitrator shall be appointed by the Arbitrators nominated by
the parties from amongst the panel maintained by SAROD-PORTS. For deciding
the Presiding Arbitrator, a draw of lots can be carried out from amongst
the names suggested by the Arbitrators nominated by the Parties, The
eligibility criteria for empanelment of Arbitrators will be decided by the
Governing Body.
12.1 If there are more than 2 parties in the arbitration, the parties
shall agree on the procedure for appointing the Tribunal within 21 days of
the receipt of the Notice of Arbitration.
12.2 If the parties are unable to do so, upon the lapse of the_21 day
time period mentioned herein, the Tribunal shall be appointed by the Governing
Body as soon as practicable.
Appointment
15.3 A prospective arbitrator shall disclose all facts or circumstances that may
give rise to justifiable doubts as to his impartiality or independence, such
duty to continue thorough out the arbitral proceedings with regard to
new facts and circumstances, in terms of the arbitration and conciliation
Act 1996 as amended from time to time.
15.5 The criteria for assessing questions relating to bias are impartiality and
independence. Partiality arises when an arbitrator favours one of the
parties or where he is prejudiced in relation to the subject matter of the
dispute. Dependence arises from relationships between an arbitrator and
one of the parties, or with someone closely connected with one of the parties.
15.6 Any close personal relationship or current direct or indirect business
relationship between an arbitrator and a party, or any representative of a
party, or with a person who is known to be a potentially important
witness, will normally give rise to justifiable doubts as to a prospective
arbitrator's impartiality or independence. Past business relationships will only
give rise to justifiable doubts if they are of such magnitude or nature as
to be likely to affect a prospective arbitrator's judgment. He should decline to
accept an appointment in such circumstances unless the parties agree in
writing that he may proceed.
Communications
Fees
Confidentiality
15.13 This Code is not intended to provide grounds for the setting
aside of any award.
16.4 A party who intends to challenge an arbitrator shall file with the Secretary
and serve on the other party or all other parties, whichever is applicable, a
Notice of · Challenge.
16.6 The Notice of Challenge must state the reasons for the challenge.
17.1 If the other party does not agree to the challenge and the arbitrator does not withdraw,
the decision on the challenge will be made by the Governing Body.
18.1 The Governing Body may on the application of a party remove an arbitrator:
a. Who is physically or mentally incapable of conducting the proceedings or where there are
justifiable doubts as to his ability to do so; or
b. Who has refused or failed to use all reasonable dispatch in conducting the arbitration
or making an award.
c. Who has continuously absented from attending the proceedings for more than 3 sitting
without prior permission of Presiding Arbitrator/Governing Body of SAROD• PORTS.
18.2 The arbitrator(s) concerned is entitled to appear and be heard at the hearing of the
application to remove him.
18.3 Upon the removal of the arbitrator. a substitute arbitrator shall be appointed in
accordance with Rule 11 read with Rule 13.
18.4 The Governing Body's decision on the application is final and is not subject to appeal or
review.
If the sole or presiding Arbitrator is replaced, there shall be a re-hearing. If any other arbitrator is
replaced, such re-hearing may take place at the discretion of the Tribunal.
20. 1 The Tribunal shall have the power to rule on its own jurisdiction, including
any objection with respect to the existence, termination or validity of the arbitration agreement.
For that purpose, an arbitration agreement which forms part of a contract shall be treated
as an agreement independent of the other terms of the contract. A decision by the Tribunal that
the contract is null and void shall not entail ipso jure the invalidity of the arbitration agreement.
20.2 The plea that the Tribunal does not have jurisdiction shall be raised not later than in the
Statement of Defense. A plea that the Tribunal is exceeding the scope of its authority shall be raised
promptly after the Tribunal has indicated its intention to decide on the matter alleged to be beyond
the scope of its authority. [neither case the Tribunal may nevertheless admit a late plea under this
Rule if it considers the delay justified. A party is not precluded from raising such a plea by the fact
that he has nominated, or participated in the appointment of an arbitrator.
20.3 The Tribunal must rule on an objection that it lacks jurisdiction as a preliminary question
upon the objection being raised. It may rule on an objection that it exceeds the scope of
its authority either as a preliminary question or in an award on the merits, as it deems just and
convenient.
20.4 In addition to the jurisdiction to exercise the powers defined elsewhere in these
Rules, the Tribunal shall have jurisdiction to determine any question of law arising in the
arbitration; proceed with the arbitration notwithstanding the failure or refusal of any party
to comply with these Rules or with the Tribunal's orders or directions, or to attend any
meeting or hearing, but only after giving that party written notice that it intends to do so; and
to receive and take into account such written or oral evidence as it shall determine to be relevant,
whether or not strictly admissible in law.
22.1 The Secretary shall, as soon as practicable transmit to the Tribunal, a file containing the
Notice of Arbitration, the Response and all case statements.
22.2 The Tribunal shall as soon as practicable, after consultation with the parties, issue such
orders and/or directions as are necessary for the conduct of the arbitration to conclusion, including a
timetable for steps to be taken in the arbitration and for the hearing of the arbitration.
23.1 Unless otherwise agreed by the parties, the judicial seat of arbitration shall be New
Delhi.
23.2 Notwithstanding Rule 22.1 and 22.2, the Tribunal may, unless otherwise agreed by the
parties, hold hearings and meetings anywhere convenient, subject to the provisions of Rule
28.2.
The language of arbitrators shall be English. In case of material existing are in any other language,
other than English the same has to be translated to English language.
The Tribunal shall have the widest discretion allowed by the Act to ensure the just, expeditious,
economical and final determination of the dispute. The proceedings shall be conducted from 1
O.AM to 5PM with a recess of one hour.
26.1 Where the Tribunal sends any written communication to one party, it shall send a copy to
the other party or parties as the case may be.
26.2 Where a party sends any written communication (including Statements, expert reports
or evidentiary documents) to the Tribunal, the same shall be copied to the other party or ail other
parties, whichever is applicable, and show to the Tribunal that the same has been so copied.
26.3 The address of the parties for the purpose of all communications during the proceedings
shall be those set out in the Notice of Arbitration, or as either party may at any time notify the
Tribunal and the other party or parties, whichever is applicable.
26.4 A copy of correspondence between the parties and the Tribunal shall be sent to the Secretary.
Any party may be represented by legal practitioners or any other representatives, subject to
such proof of authority as the Tribunal may require. The names and addresses of such
representatives must be notified to the other party or parties. In case one party is represented by
non-legal person, another party will also be represented by non-legal person so as to maintain
natural justice.
Rule 28 - Hearings
28.1 Unless the parties have agreed on documents- only arbitration the tribunal shall hold a
hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral
submissions.
28.2 The Tribunal shall fix the date, time and place of any meetings and hearings in the
arbitrations on the first hearing, and complete time table pertaining to all the activities of the
Arbitration e.g submission of statement of claim, reply, counter claim, reply therein,
admission and denial of documents, visit/inspection of site if any. The tribunal shall stick to the
time table with or without any deviations unless there are unavoidable circumstances
warranting such deviation which will be with the prior permission of the tribunal.
28.3 Prior to the hearing, the Tribunal may provide the Parties with matters or questions to which it
wishes them to give special consideration.
28.4 In the event that a party to the proceedings without sufficient cause, fails to appear at a
hearing of which the notice has been given, the Tribunal may proceed with the arbitration and may
make the Award after the party present has submitted evidence to prove its case.
28.5 All meetings and hearing shall be in private unless the parties agree otherwise.
29.1 The Disputes may be decided without an oral hearing if it is so agreed by the parties.
29.2.1 Where the parties agree to dispense with oral hearing, the Tribunal must be promptly
informed by either of the parties, as soon as is practicable. The Tribunal must also be promptly
informed it, at a later stage, the parties or either of them intends to apply for an oral hearing.
29.2.2 Parties may seek discovery of documents if they are not satisfied with existence of
documents annexed with statement of claim, reply and counter claim by giving self contained
request to the Tribunal justifying the necessity for such documents. Decision of tribunal shall be
final and binding upon the parties.
Rule 30 - Witnesses
30.1 The Tribunal may require each party to give notice of the names and designations of the
witnesses it intends to call and reasons for legal necessity of such witness .
30.2 No party shall call any expert witness without the leave of the Tribunal.
30.3 Any witness who gives evidence may be questioned by each party
or its representative subject to any rulings made by the Tribunal,
30.4 A Witness may be required by the Tribunal to testify under oath or affirmation
30.5 Subject to such order or direction which the Tribunal may make, the testimony
of witness may be presented in written form, either as signed statements or by duly sworn or
affirmed affidavits,
30.6 Any party may require a witness to attend an oral examination at a hearing. If the witness
fails to attend, the Tribunal may place such weight on the written testimony as it thinks fit,
or may exclude it altogether,
30. 7 The Tribunal shall determine the admissibility, relevance, materiality and weight of the
evidence given by any witness.
b. require a party to give any such expert any relevant information or to produce, or to
provide access to, any relevant documents, goods or property for inspection by the
expert.
Tribunal deem it fit, the expert shall, after delivery of his written or oral report, participate
in an oral hearing, at which the parties may question him and present expert witnesses in
order to testify on the points at issue.
31.3 Rule 30.2 shall not apply to an assessor appointed by agreement of the parties, or to an
expert appointed by the Tribunal to advise solely in relation to procedural matters.
Rule 32 - Rules applicable to substance of dispute - (1) Where the place of arbitration is
situated in India
32.1 In an arbitration, the arbitral tribunal shall decide the dispute submitted to
arbitration in accordance with the substantive law for the time being in force in India;
33.1 The Tribunal may inquire of the parties if they have any further proof to
offer or witnesses to be heard or submission to make and, if there are none,
declare the hearing closed.
33.2 The Tribunal may also, in view of exceptional circumstance, reopen the hearings at any
time before the award is made.
34.1 In addition to the powers conferred by the Act, the Tribunal shall also have the power to:-
a. Allow any party, upon such terms of as -to costs and otherwise) as it shall determine,
d. Order the parties to make any property or thing available for inspection
e. Order any parties to produce to the tribunal, and to other parties for inspection, and to supply
copies of any documents, or classes of documents in their possession, custody, or power which the
Tribunal determines to relevant.
g. Make orders or give directions to any party for an interim injunction or any other interim measure;
h. Make such orders or give such directions as it deems fit in so far as they are not inconsistent
with the Act or any statutory re-enactment thereof or such law which is applicable or these Rules.
34.2 If the parties so agree, the Tribunal shall also have the power to add other parties (with their
consent) to be joined in the arbitration and make a single Final Award determining all disputes
between them.
35.1 The Tribunal's fees and SAROD-PORTS administration fees shall be ascertained in
accordance with the Schedule of Fees in Force at the time of commencement of the arbitration.
35.2 The Claimant shall deposit with the SAROD-PORTS half of the fees payable at the time of filing
of the Statement of Case. The Respondent shall deposit with the SAROD-PORTS one-half
of the fees payable at the time of filing the Statement of Respondent's Defence and
Counterclaim (if any). The balance of fees payable shall be paid 60 days before the date of the final
hearing or on such other date that the Secretary may direct.
35.3 Where the amount of the claim or the counterclaim is not quantifiable at the time payment is
due, the Secretary will make a provisional estimate. The fees will be adjusted in the light of such
information as may subsequently become available. If the arbitration is settled or disposed of
without a hearing, the amount of the Tribunal's fees and SAROD-PORTS administration fees
shall be finally determined by the Secretary who will have regard to all the circumstances of the
case, including the stage of proceedings at which the arbitration is settled or otherwise disposed of
35.4 The Secretary may from time to time direct parties to make one or more deposit(s) towards any
further expenses incurred or to be incurred on behalf of or for the benefit of the parties.
35.5 All deposit(s) shall be made to and held by the SAROD-PORTS. Any interest which may accrue
on such deposit(s) shall be retained by the SAROD-PORTS.
35.6 If a party fails to make the payments or deposits required or directed, the Tribunal may refuse
to hear the claims or counterclaims, whichever is applicable, by the non· complying party, although
it may proceed to determine claims or counterclaims by any party who has complied with orders
35. 7 The parties shall remain jointly and severally liable to the SAROD-PORTS for payment of all
such fees and expenses until they have been paid in full even if the arbitration is abandoned,
suspended or concluded, by agreement or otherwise, before the final Award is made.
36.2 If there is no unanimity, the same shall be made by the majority arbitrators as well as by the
dissenting arbitrator alone as if acting as a sole arbitrator.
36.3 However, in case of a three-member Tribunal the presiding arbitrators may after consulting
the other arbitrators, make procedural rulings alone.
3 7.1 It will be mandatory for the parties to submit written synopsis of their arguments
respectively which will form part of the arbitral proceedings.
37.2 The Tribunal shall assemble at the assigned place in SAROD-PORTS and shall exercise
utmost secrecy and confidentiality in writing the award,
37.3 Unless the Secretary extends the time or the parties agree otherwise, the Tribunal shall
make its Award in writing within 30 days from the date on which the hearings are closed and
shall state the reasons upon which its award is based. The award shall contain the date and shall be
signed by the arbitrator or arbitrators.
37.4 The Tribunal may make interim awards or separate awards on different issues at.different
times.
37.5 All Awards must be submitted by the Tribunal to the Secretary and they
shall be issued through the Secretary.
37.6 The Tribunal must deliver to the Secretary number of originals of the award sufficient for
the parties and for filing with the Secretary.
3 7. 7 The Secretary shall release the award to the parties only upon receipt of sufficient deposits to
cover the fees and expenses due to the Tribunal and to the SAROD• PORTS.
37.8 By agreeing to have arbitration under these Rules, the parties undertake to carry out the
award without delay.
37.9 Stamp duty on award shall be payable by the party in whose favor the award has been
pronounced.
38.1 Within 30 days after the receipt of the award, either party, with notice to the
Secretary and the other party may request the Tribunal to make an additional award as to claims
presented in the arbitral proceedings but omitted from the award.
38.2 If the Tribunal considers the request for an additional award to be justified and considers
that the omission can be rectified without any further hearings or evidence, it shall notify
all the parties within 7 days of the receipt of the request, that it will make and additional award,
and complete the additional award within 30 days after the receipt of the request.
39.1 Within 30 days of receiving an Award, unless another period of time has been
agreed upon by the parties, a party may by notice to the Secretary and the other party request the
Tribunal to correct in the Award, any errors in computation, any clerical or typographical errors
or any errors of similar nature.
39.2 If the Tribunal considers the request to be justified, it shall make the corrections) within 30
days of receiving the request. Any correction shall be notified in writing to the parties and shall
become part of the Award.
39.3 The Tribunal may correct any error of the type referred to in Rule 37.1 on its own
imitative within 30 days of the date of the Award.
40. I If, the parties arrived at amicable settlement of the dispute during the
currency proceedings, the parties shall file memo of settlement before the tribunal who shall
either issue an order for the termination of the arbitral proceedings or, if requested by both parties
and accepted by the Tribunal, record the settlement in the form of an arbitral award on agreed
terms. The Tribunal is not obliged to give reasons for such an award.
a. Notify the Tribunal and the Secretary immediately if the arbitration is settled or otherwise
terminated:
b. Make provision in any settlement for payment of all the costs of the arbitration and fees and
expenses due to the SAROD-PORTS and the Tribunal.
40.3 If the continuation of the arbitral proceedings becomes unnecessary or impossible for any
reason not mentioned in Rule 38.1, before the award is made, the Tribunal shall inform the
parties of its intention to issue an order for the termination of the proceedings. The Tribunal shall
have the power to issue such an order unless party raises justifiable grounds for objection.
40.4 Copies of the order for termination of the arbitral proceedings or of the arbitral award on.
agreed terms, signed by the Tribunal, shall be communicated by the Tribunal to the parties
through the Secretary.
The Tribunal may award interest on any sum awarded at such rate as applicable in fixed deposits of
Sate Bank of India in respect of such periods ending not later than the date of the award as the Tribunal
considers just.
42.1 The Tribunal shall specify in the final award, the costs of the arbitrations and decide
which party shall bear them and in what proportion they shall be borne.
a. The fees and expenses of the Tribunal and the administration fees of the SAROD• PORTS as
determined by the Secretary in accordance with the Schedule of Fees;
c. All expenses which are reasonably incurred by the SAROD-PORTS in connection with the
arbitration.
42.3 The Tribunal has power to order in its Award, that all or part of the legal or other costs (such as
legal fees and expenses, costs incurred in respect of party appointed " experts etc) of one party shall
be paid by the other party.
Rule 43 - Waiver
A party which is aware of non-compliance with these Rules and yet proceeds with the arbitration
without promptly stating its objection in writing such non-compliance shall be deemed to have
waived its right to object.
44.1 The Tribunal, the President, the SAROD-PORTS and any of its officers,
employees or agents shall not be liable to any party for any act or omission in
connection with any arbitration conducted under these Rules,
44.2 After the Award as been made and the possibilities of corrections and additional Awards
have lapsed or been exhausted, neither the Tribunal nor the President shall be under any
obligation to make any statement to any person about any matter concerning the
arbitration, and no party shall seek to make any arbitrator or the President or the SAROD-
PORTS and any of its officers a witness in any legal proceedings arising out of the arbitration.
45.1 In all matters not expressly provided for in these Rules, the President, the Secretary
and the Tribunal shall act in the spirit of these Rules and shall make every reasonable
effort to ensure the just, expeditious and economical conclusion of the arbitration.
45.2 The Secretary may from time to time issue Practice Notes on the
implementation of these Rules.
These Rules may from time to time be amended by the Governing Body of SAROD-
PORTS.
Supplementary Agreement
as a Supplement to
This agreement is entered into on this day of
Agreement dated ..
Between
Board of Authorityees for Port (hereinafter referred to as "Concessioning Authority" which expression
shall, unless repugnant to the context or meaning thereof. includes its successors and permitted
assigns).
AND
M/s registered as Company under the Companies Act. 1956 having its Head Office
at (hereinafter referred to as "The Concessionaire" which expression shall,
unless repugnant to the context or meaning thereof include its successors and permitted assigns).
(The Concessioning Authority and the Concessionaire are individually referred to as party and collectively
as parties).
WHEREAS:
(a) Parties entered into Concession Agreement dated for implementation of the Project
for a period of Years through Public Private Partnership as per the terms and conditions of the
Agreement.
(b) Whereas the Concession Agreement provides for resolution of dispute under Clause (c) Whereas
the India Ports Association(IPA) and Indian Private Ports and Terminals Association (IPPTA) have
formed a Society named Society for Affordable Redressal of Disputes-Ports ('SAROD-Ports') under the
Societies Registration Act, 1860 with following triple objectives:-
(d) Whereas the Concessioning Authority and Concessionaire are desirous of availing the services of
SAROD-Ports for resolution of disputes which are not resolved amicably by conciliation as provided
in Clause.... of the Agreement and have solemnly resolved to refer such existing disputes/future
disputes/ongoing dispute with Arbitral Tribunal forthwith.
(e) And whereas the Concessioning Authority and Concessionaire are also desirous of
alternatively availing the services of Adjudicatory Board or such forum in the event of its
constitution for redressal of disputes and have solemnly resolved to refer the existing disputes and
future disputes through mutual consent. Accordingly, the relevant provisions of dispute resolution
are proposed to be amended.
(1) That the clause of the Concession AgreemenUContract is hereby amended to be read as
follows:-
"Any dispute/difference arising out of aforesaid Concession Agreement which is not resolved amicably
as provided in clause shall be finally settled by Arbitration as set forth
below:-
(i) The dispute shall be referred to SAROD-Ports for resolution by Arbitration iri, accordance with
Rules of SAROD-Ports and the Arbitration and Conciliation Act.
1996 as amended from time to time (or which is pending with Arbitrat"Tribuna/ presided over by ·--~--
~-~--~-~ .....~ ... shall be referred to SAROO-Ports). Party shall ch9.ose tbe A(:bi,1[af.QI§.from)he
panel Qf Arb.llrators empanelled by the
SAROD-Ports. The Arbitral Tribunal shall consist of Sole Arbitrator in case total
----::---;-;---
cla,m of dis ute is Rs.3 crores or less and in case the disputed claim is more
than Rs.3 crores the Tribunal shall consist of odd number of Arbitrators to be norruna ed by tHe
par::!i_es. The Presiding Arbitrator shall be appointed by the Arbitrators nominated by the parties_
in terms of Rule 11.2 of SAROD-Ports.
(ii) The Arbitral proceeding shall be held a~Delhi(lndia) or any other place selected by the Governing
Body of SAROD-Ports and the language of Arbitral proceeding and that of all correspondence between the
parties shall be in English.
(iii) While the curial law of proceedings shall be Rules of the SAROD-Ports and various provisions
of Arbitration and Conciliation Act 1996, the dispute shall be governed by substantive law of India e.g.
The Indian Contract Act, 1872, T~
Arbitration and Concilia..ti.oo Act 1996, Indian Ports Act, 1908, The Major Port
-- - -- -
Authoritys Act, 1963 etc. as amended from time to time. >
(v) Fee of Arbitrators and expenses incurred in the Arbitration proceeding shall be shared by the
parties in equal proportion in terms of Rule 15.10 of SAR OD-Ports.
(vi) All procedural aspects in Arbitration proceedings shall be conducted in terms of the Rules
of SAROD-Ports.
(vii) The parties shall respect the award in letter and spirit and the award shall be binding
upon the parties unless the parties invoke the provision of Section 34 of the Arbitral and
Conciliation Act 1996 for challenging the award.
(viii) All disputes not settled under Clause through conciliation, can
alternatively be referred to the Adjudicatory Board or other forum with powers to adjudicate
upon disputes between the Concessionaire and Concessioning Authority with mutual consent
of the parties in accordance with the applicable laws. For avoidance of doubt, parties hereto
agree that notwithstanding anything contained herein above after reference to adjudication
by the statutory Adjudicatory Board or other form, the parties cannot refer the dispute,
difference or controversy of whatsoever nature again under Clause and · the
adjudication hereunder shall be final and binding.
IN WITNESS WHEREOF the parties have signed this Supplementary Agreement on the date
above mentioned in the presence of the witness.
Signed by Signed by
Witness: Witness
158. Make in India & Sharing land boarder with India Conditions:
INTIMATION TO TENDERERS:
i) Format of certificate for Local content declaration & Self declaration under
Rule 153(iii) of the General Financial Rules (GFR’s) 2017 as per Annexure-
VI
ii) Format of certificate for tenders for works under Rule 144(xi) in the General
Financial Rules (GFRs) 2017 as per Annexure-VII
ii. The margin of purchase preference applicable is 20% or as decided by the relevant
Nodal Ministry for the item from time to time.
iii. The minimum local content for Class I and Class II local suppliers shall be 50% and
20% respectively or as decided by the relevant Nodal Ministry for the item
iv. Procurements where the estimate value is less than Rs.5.00 lakhs shall be
exempted from this order.
a. For procurement value upto Rs.10.00 crores: The Class I local supplier/ Class
II local supplier at the time of tender, bidding or solicitation shall be obliged to indicate
percentage of local content and provide Self-Certification (as per the format enclosed)
that the item offered meets the local content requirement for Class I local supplier/
Class II local supplier as the case may be. They shall also give details of the location(s) at
which the local value addition is made.
CONTRACTOR
b. For procurement value above Rs.10.00 crores: The Class I local supplier/
Class II local supplier at the time of tender, bidding or solicitation shall be required to
provide certificate from the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local content.
The Tenderer shall submit the Declaration as per Annexure VI in the Technical Bid.
B. Restrictions under Rule 144 (xi) of General Financial Rules 2017 (order Public
Procurement No.1) of DOE, Public Procurement Division, No.F.No.6/18/2019- PPD) dated
23.07.2020) and amendments / clarifications issued subsequently by DOE.
The provisions contained in Order (Public Procurement No.1 of DOE, Public Procurement
Division No. F.No.6/18/2019 PPD) dated 23.07.20 and as amended /clarified from time to
time shall be applicable to this tender.
i) Any bidder from a country which shares a land border with India will be eligible to
bid against the tender only if the bidder is registered with the Competent Authority
specified in Annexure II of Order (Public Procurement No. 1) dated 23.07.2020.
ii) "Bidder" (including the term tenderer, 'consultant' or 'service provider’ in certain
contexts) means any person or firm or company, including any member of a consortium
or joint venture (that is an association of several persons or firms or companies), every
artificial juridical person falling in any of the descriptions of bidders stated herein before
including any agency branch or office controlled by such person, participating in
procurement process.
iii) "Bidder from a country which shares a land border with India" for the
purpose of this order means:
CONTRACTOR
iv) The beneficial owner for the purpose of (iii) above will be as under :
1. I
n case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.
Explanation-
a) “Controlling ownership interest" means ownership of or entitlement to more than
twenty five percent of shares or capital or profits of the company;
b) “
Control" shall include the right to appoint majority of the directors or to control the
management or Policy decisions including by virtue of their shareholding or management
rights or shareholder's agreements or voting agreements.
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has ownership
of entitlement to more than fifteen percent of capital or profits of the partnership;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing official;
Model Certificate for Tenders (for transitional cases as stated in para 3 of this order)
"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India; I hereby certify that this bidder is not
from such a country and is eligible to be considered."
CONTRACTOR
Model Certificate for Tenders
"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a country or, if from such a Country,
has been registered with the Competent Authority and will not sub-Contract any work to
a contractor from such countries unless such contractor is registered with the Competent
Authority. I hereby certify that this bidder fulfills al1 requirements in this regard and is
eligible to be considered. [where applicable, evidence of valid registration by the
Competent Authority shall be attached]
2. EXECUTION OF WORK:
i) The work executed by the firm shall be in adherence to Electricity rules framed
by State Govt. / Central Govt. / or any other Statutory authority from time to
time.
ii) The works shall be executed with skilled workmen, under the supervision of
by the Engineer-in-Charge.
iii) The AC units shall be installed through reputed OEM firm or their local
5. ESCALATION OF RATES: Every effort will be made to hand over the site to the
contractor as soon as the work order is given. In case the entire site is not handed
over to the Contractor, he should programme his work in a such way, so as not to
hamper the progress in any way. No claim for escalation of rates quoted will be
entertained due to any delay in handing over the site.
6. MATERIAL PACKING: The principle equipment shall be brought to the site by the
contractor in original packing with the seal intact and shall not be installed unless
approved by the Engineer-in-Charge.
7. GUARANTEE : The material used in this work shall be guaranteed for 12 months
from the date of completion of work. The defective materials and workmenship shall
be replaced / repaired at free of cost without any delay.
11. CANCELLATION OF ITEM: The department reserves the right to cancel the execution
of some items of works at any time during the execution period. No claim by the
contractor on this account and due to variation of any particular items will be
entertained.
12. DAMAGE TO PROPERTY: Any damage to the Port property shall be rectified by the
contractor at his own cost.
13. BRANDS OF THE MATERIALS: The brand of materials offered in the tender should be
clearly specified by the contractor and shall be bought from the
manufacturer/authorized dealer only. The Dealership certificate / delivery challan is to
be submitted on demand.
14. OBSTRUCTION TO WORKING STAFF: The contractor should see that no obstruction
is caused to the normal working staff, consumers, etc., in the vicinity.
15. SECURITY ARRANGEMENTS: The contractor should make his own security
arrangements till the work is handed over to the department.
16. ARRANGEMENTS PERTAINING TO THE CONTRACT WORK: The firm has to make his
own arrangements for erection, dismantling, transportation of heavy materials (viz.,
structures, equipments) pertaining to the contract work.
17. TOOLS & PLANTS: The contractor has to bring the required tools and plants for the
execution of work.
18. SAFETY MEASURES: The contractor is responsible for taking precautionary measure
for the safety of workmen working under him. In this direction, the contractor has to
engage an Engineer/Supervisor with adequate knowledge and experience for
ensuring safety of the workmen and also for himself while executing the subject work.
In case of occurrence of any mishap/accidents, the entire responsibility lies with the
contractor only, towards treatment of the injured or/and for payment of any
compensation to the injured/deceased employee of the contractor.
19. WORKING OF EXTRA HOURS: The port working hours are from 7.30 AM to 5.00 PM
every day except on Sunday, being weekly off. The contractor should apply in writing
well in advance for carrying out the work beyond Port working hours to arrange port
supervision.
22. RECTIFICATION OF DEFECTS: All defective works observed / pointed out by the
Engineer-in-charge shall be rectified free of cost during the guarantee period.
24. COST OF LABOUR AND MATERIALS: The rates quoted by the contractor should be
inclusive of the cost of all labour and materials etc., unless and otherwise specified.
25. NON-PAYMENT FOR INCREASED RATES: No claim for any increase in rates of the
materials will be entertained by the department.
26. STACKING OF MATERIALS: The materials shall be stacked in such a way that no
obstruction is caused to the movement of traffic in those areas.
27. INSPECTION OF WORKS: the SE € / AXE (E/M) or any other authorized representative
shall have the right to inspect the electrical works in progress during the contract
period.
28. NEW TAXES: Any new taxes imposed by the Government during the contract period
will be reimbursed upon claim, by the firm subject to submission of evidence.
30. The contractor shall comply with the provisions of all the Acts, Laws, any Regulation
xii) The Personal Injuries (Compensation Insurance) Act, 1963 and any
modifications thereof and rules made there under from time to time. The
contractor shall take into account all the above said financial liabilities in his
quoted rates and nothing extra, whatsoever, shall be payable to him on this
account.
The contractor should comply with the following legal requirements/ Acts (wherever
applicable)
a) The Environment (Protection) Act & Rules 1986 as amended up to 2009.
b) The Hazardous Waste (Management & Handling) Rules 1989 as amended up
to 2003.
c) Manufacture, storage and import of Hazardous Chemicals Rules 1989 as
mentioned up to 2000.
d) The Noise Pollution Regulations & Control Rules 2000 as amended up to
2010.
e) The Batteries (Management and Handling) Rules 2001.
163. The Electrical HT Lines are passing very close to the site. At most care shall be
ensured while working with moving cranes, floating crafts, equipment’s, machinery,
Men and materials at site of work. The contractor is responsible for the safety of the
workmen equipment’s and machinery.
164 Scaffolding shall be designed and erected to withstand all the dead, live and impact
load, which are likely to come upon it and also contractor submit the safety, risks
assessment for scaffolding erection and dismantling the existing structure.
165.The Megadrigedda river is flows under the bridge, the contractor should plan the
scaffolding without hindrance to the discharge of the river water.
166. The contractor shall have to make arrangement minimum of three AC vehicles not earlier than
2020 Model (Preferably on SUMO or equivalent other Model & one INDICA) with driver, fuel,
maintenance with a maximum 3,000 Km each per month for transportation round the clock for VPT
staff also has to be provided by the contractor at his own cost. If the contractor fails to provide
vehicle Rs.5000/- per day per vehicle shall be recovered from R.A. bills.
CHIEF ENGINEER
VISAKHAPATNAM PORT AUTHORITY
ENGINEERING DEPARTMENT
Make available this policy to the public, all persons working under the
control of the organization and the interest parties.
CHAIRMAN
Visakhapatnam
Date: 26.10.2020
SECURITY POLICY
(I.S.P.S. CODE)
CHAIRMAN
VISAKHAPATNAM PORT AUTHORITY
ENGINEERING DEPARTMENT
…
UNDERTAKING
percentage tender and additional conditions including amendments issued from time to time of the
Civil Engineering Department , Visakhapatnam Port Authority. I will abide by them whenever works
are enAuthorityed to me and will sign them at the time of agreement without questioning. Also, I
will not claim anything extra for the reason that they are not supplied along with tender papers.
NAME:
ADDRESS:
VISAKHAPATNAM
DT.
CONTRACTOR
VISAKHAPATNAM PORT AUTHORITY
ENGINEERING DEPARTMENT
tion ( in weeks ) :
as on date
6. Proportionate percentage :
of progress as on date
a) Expected
b) Actual
SIGNATURE:
NAMEOFTHE CONTRACTOR(S)
(WITH STAMP)
We,______________________________________________________________
(Name of the Bank)
further agree that a mere demand by the Port Authority Board is sufficient for us
_______________________________________________________________________
(Name of the Bank)
to pay the amount covered by the Bank Guarantee without reference to the said
Contractor (s)(s) and any protest by the said Contractor (s)(s) cannot be a valid ground for
us ________________________________ to decline payment to the Port Authority
Board.
(Name of the Bank)
We, _____________________________________________________________
(Name of the Bank)
further agree that the guarantee herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said agreement and that
it shall continue to be enforceable till all the dues of the Visakhapatnam Port Authority
Board under or by virtue of the said agreement have been fully paid and its claim satisfied
or discharged or till the Visakhapatnam Port Authority Board certified that the terms and
conditions of the said agreement have been fully and properly carried out by the said
contractor (s)s and accordingly discharges the guarantee subject however that the
Visakhapatnam Port Authority Board shall have right under this guarantee bond to prefer a
claim within the statutory limitation period.
If a notice of demand is served on the Bank by the Port Authority Board as
mentioned above them, not withstanding anything to the Contrary herein contained the
liability of the Bank under this guarantee will continue until terminated by operation of law.
We, ___________________________________________________________
(Name of the Bank)
further agree that the Port Authority Board shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said agreement or to extend time of performance by the said
contractor (s)s from time to time or to postpone for any time or from time to time, any of
the powers exercised by the Port Authority Board against the said contractor (s)(s) and to
forbear or enforce any of the terms and conditions relating to the said agreement and we
shall not be relieved from our liability by reasons of any such variation or extension being
granted to the said Contractor (s) or for any forbearance act or omission on the part of the
Port Authority Board or any indulgence by the Port Authority Board to the said Contractor
(s)(s) or any such matter or thing whatsoever which under the law relating to sureties
would but for this provision have effect of so relieving
us____________________________________________ ________(Name of the Bank)
We, ___________________________________________________________
(Name of the Bank)
lastly undertake not revoke this guarantee during its currency except with the previous
consent of the Visakhapatnam Port Authority in writing.
NAME OF THE WORK: Rehabilitation of deck structure of Sardar Vallabhai Patel Bridge
(parallel bridge) of Visakhapatnam Port
DECLARATION No. 1
The conditions contained in the NIT were perused and it was understood that is the
condition relating to GST is concerned it was mentioned as follows:
“According to GST ACT every dealer is liable to be registered whose aggregate turn over
exceeds Rs.20 lakhs for supply of goods/services/executing any work contract accordingly GSTIN
is to be provided for participation in tender and to award the contract”.
I the authorized signatory of the bidder do, hereby declare and confirm that I have read and
understood the NIT conditions as such I am conscious about the consequences and implication of
GST on the subject work. I further declare that I am well aware of the guidelines being issued by
the Govt. of India regarding GST from time to time and also the applicability of the rates and the
likely variation of the same in future either upwards or downwards under the GST regime in
respect of the works in VPT. I am also aware that I am bound by the policy of the Govt in this
regard.
I therefore hereby undertake and declare that I shall be liable to pay any amounts payable
towards GST unconditionally without any demur and in this regard I hereby authorize VPT to
recover or deduct such sum of GST from the amounts as per rules payable to Me/Our firm. I
declare that the authorization hereby given is irrevocable and shall be binding on me as well as my
successors, agents or person claiming any amount on my behalf.
NAME
ADDRESS
St: Visakhapatnam
Dt:
VISAKHAPATNAM PORT AUTHORITY
ENGINEERING DEPARTMENT
Name of work: Rehabilitation of deck structure of Sardar Vallabhai Patel Bridge (parallel
bridge) of Visakhapatnam Port
.DECLARATION No.2
Table 1: Anti- Profiteering
Section 171(1) CGST Act 2017:
Any reduction in rate of tax on any supply of goods or services or the benefit of input tax
credit shall be passed on to the recipient (VPT) by way of commensurate reduction in prices.
Sr. No. Item description Discount on account of Remarks whether owing to
anti- profiteering clause. reduction in tax rates or owing to
accrual of additional input tax
credits
Vendor (Supplier of goods/service provider) to note and ensure timely receipt of goods and
tax invoices in VPT as per GST Law.
seal
VISAKHAPATNAM PORT AUTHORITY
ENGINEERING DEPARTMENT
GENERAL:
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made
on day of the month of 20 , between, on one
hand, the Board of Authorityees of Visakhapatnam Port Authority acting through
Shri.A.Venu Prasad, CHIEF ENGINEER , (Designation of the Officer), Visakhapatnam
Port Authority (hereinafter called the ‘BUYER/EMPLOYER’, which expression shall
mean and include, unless the context otherwise requires, his successors in office
and assigns) of the First Part and M/s.
Represented by Shri. ,
-------------------------------------(Designation of the Bidder) (hereinafter called the
‘BIDDER/SELLER’ which expression shall mean and include, unless the context
otherwise requires, his successors and permitted assigns) of the Second Part.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to:-
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the 'BUYER/ EMPLOYER' will
commit to prevent corruption, in any form, by its officials by following transparent
procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1.2 The 'BUYER/ EMPLOYER' will, during the pre-contract stage, treat all BIDDERS
alike and will provide to all BIDDERS the same information and will not provide any
such information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERS.
1.3 All the officials of the 'BUYER/ EMPLOYER' will report to the appropriate
Government office any attempted or completed breaches of the above
commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by
the BIDDER to the 'BUYER/ EMPLOYER' with full and verifiable facts and the same
is prima facie found to be correct by the 'BUYER/ EMPLOYER' necessary
disciplinary proceedings, or any other action as deemed fit, including criminal
proceedings may be initiated by the 'BUYER/ EMPLOYER' and such a person shall
be debarred from further dealings related-to the contract process. In such a case
while an enquiry is being conducted by the 'BUYER/ EMPLOYER' the proceedings
under the contract would not be stalled.
3. Commitments of BIDDERS
The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during any
pre-contract or post-contract stage in order to secure the contract or in furtherance to
secure it and in particular commit itself to the following:-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favor, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
'BUYER/EMPLOYER' connected directly or indirectly with the bidding process, or
to any person, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation, contracting and implementation of the
contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favor, any material or
immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the 'BUYER/ EMPLOYER' or otherwise in procuring
the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Government
for showing or forbearing to show favor or disfavor to any person in relation to the
contract or any other contract with the Government.
3.3* BIDDERS shall disclose the name and address of agents and representatives
and Indian BIDDERS shall disclose their foreign principals or associates.
3.5* The BIDDER further confirms and declares to the 'BUYER/EMPLOYER' that the
BIDDER has not engaged any individual or firm or company whether Indian or
foreign to intercede, facilitate or in any way to recommend to the BUYER or any
of its functionaries, whether officially or unofficially to the award of the contract to
the BIDDER, nor has any amount been paid, promised or intended to be paid to
any such individual, firm or company in respect of any such intercession,
facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations
or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the 'BUYER/ EMPLOYER' or their
family members, agents, brokers or any other intermediaries in connection with
the contract and the details of services agreed upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal
gain, or pass on to others, any information provided by the 'BUYER/
EMPLOYER' as part of the business relationship, regarding plans, technical
proposals and business details, including information contained in any electronic
data carrier. The BIDDER also undertakes to exercise due and adequate care
lest any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of
the BIDDER, either directly or indirectly, is a relative of any of the officers of the'
BUYER/ EMPLOYER' or alternatively, if any relative of an officer of the
'BUYER/EMPLOYER' has financial interest/stake in the BIDDER's firm, the same
shall be disclosed by the BIDDER at the time of filing of tender.
The term 'relative' for this purpose would be as defined in Section 6 of the
Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
'BUYER/ EMPLOYER'.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact, with any other company in
any country in respect of any corrupt practices envisaged hereunder or with any
Public Sector Enterprise in India or any Government Department in India that
could justify bidder's exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded,
can be terminated for such reason.
5.3 In case of the successful BIDDER, a clause would also be incorporated in the
Article pertaining to Performance Security in the Project Contract that the
provisions of Sanctions for Violation shall be applicable for forfeiture of
Performance Security in case of a decision by the BUYER/ EMPLOYER to forfeit
the same without assigning any reason for imposing sanction for violation of this
Pact.
5.4 In case of the successful BIDDER a clause would also be incorporated in the
Article pertaining to Performance Bond in the Purchase Contract that the
provisions of Sanctions for violation shall be applicable for forfeiture of
Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.
(i) To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the BIDDER. However, the
proceedings with the other BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand
forfeited either fully or partially, as decided by the 'BUYER/ EMPLOYER'
and the 'BUYER/ EMPLOYER' shall not be required to assign any reason
therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime
Lending Rate of State Bank of India, while in case of a BIDDER from a
country other than India with interest thereon at 2% higher than the
LIBOR. If any outstanding payment is due to the BIDDER from the
BUYER in connection with any other contract for any other stores, such
outstanding payment could also be utilized to recover the aforesaid sum
and interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall,
be liable to pay compensation for any loss or damage to the 'BUYER/
EMPLOYER' resulting from such cancellation/rescission and the 'BUYER/
EMPLOYER' shall be entitled to deduct the amount so payable from the
money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be
further extended at the discretion of the 'BUYER/ EMPLOYER.
(viii) In cases where irrevocable Letters of Credit have been received in respect
of any contract signed by the BUYER with the BIDDER, the same shall not
be opened.
(ix) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
6.2 The 'BUYER/ EMPLOYER' will be entitled to take all or any of the actions
mentioned at para 6.1(i) to (x) of this Pact also on the Commission by the
BIDDER or any one employed by it or acting on its behalf (whether with or
without the knowledge of the BIDDER), of an offence as defined in Chapter IX of
the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other
statute enacted for prevention of corruption.
6.3 The decision of the 'BUYER/ EMPLOYER' to the effect that a breach of the
provisions of this Pact has been committed by the BIDDER shall be final and
conclusive on the BIDDER. However, the BIDDER can approach the
Independent Monitor(s) appointed for the purposes of this Pact.
7. Fall Clause
7.1 The BIDDER undertakes that it has not performed/is not performing similar
project at a price lower than that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any
stage that similar project was performed by the BIDDER to any other
Ministry/Department of the Government of India or a PSU at a lower price, then
that very price, with due allowance for elapsed time, will be applicable to the
present case and the difference in the cost would be refunded by the BIDDER to
the 'BUYER/EMPLOYER', if the contract has already been concluded.
8. Independent Monitors
8.1 The 'BUYER/ EMPLOYER' shall appoint Independent Monitors (herein after
referred to as Monitors) for this Pact in consultation with the Central Vigilance
Commission.
8.2 The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project/bidding, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this
8.6 The BIDDER(s) accepts that the Monitor has the right to access without
restriction to all Project documentation of the BUYER/EMPLOYER, including
that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors.
The Monitor shall be under contractual obligation to treat the information and
documents of the BIDDER/Subcontractor(s) with confidentiality.
8.7 The BUYER/ EMPLOYER will provide to the Monitor sufficient information
about all meetings among the parties related to the Project provided such
meetings could have an impact on the contractual relations between the parties.
The parties will offer to the Monitor the option to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of BUYER/
EMPLOYER within 8 to 10 weeks from the date of reference or intimation
tohim by the BUYER/ EMPLOYER/ BIDDER and, should the occasion arise,
submit proposals for correcting problematic situations.
9. Facilitation of Investigation
This Pact is subject to Indian Law.' The place of performance and jurisdiction is
the seat of the BUYER/ EMPLOYER
The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the extant law in
force relating to any civil or criminal proceedings.
12. Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend
up to 5 years or the complete execution of the contract to the satisfaction of
both the BUYER/ EMPLOYER and the BIDDER/SELLER, including warranty
period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact
shall expire after six months from the date of the signing of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid; the
remainder of this Pact shall remain valid. In this case, the parties will strive to
come to an agreement to their original intentions.
Designation
Witness Witness
1._________________ 1._________________
2._________________ 2._________________
* Provisions of these clauses would need to be amended/ deleted in line with the policy of the
BUYER/ EMPLOYER in regard to involvement of Indian agents of foreign bidders.
ANNEXURE – I
Please fill information about the works completed over the past seven years.
Sl. No. Name of the Name of the work Contract price Target date of Actual date of
and its location and Date of completion completion
Organization award
ANNEXURE – II
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Please indicate the main plant and equipment considered by the Contractor / Firm to be necessary for
undertaking the work and whether this plant is ready in their ownership or will be purchased or hired.
________________________________________________________________________________
ANNEXURE – I V
CONTRACTOR
ANNEXURE-VI
Local content Declaration & Self Certification as per the Government of India Order
towards Public Procurement (preference to Make in India) vide Letter No. P-
45021/2/2017-PP(BE-II), (revised) Dated.16.9.2020)
/ Company /partnership/ Joint venture do hereby solemnly affirm and declare as under:
That I will agree to abide by the terms and conditions of the policy of Government towards
Public Procurement (preference to Make in India) vide Letter No. P-45021/2/2017-PP(BE-II)
(revised) Dated. l6.9.2020.
That the information furnished hereinafter is correct to be of my knowledge and belief and I
undertake to produce relevant records before the procuring entity or any authority so
nominatedfor the purpose of assessing the Local Content.
That the local content for all inputs which constitute the said equipment has been verified
by meand I am responsible for the correctness of the claims made therein.
That in the event of the domestic value addition of the product mentioned herein is found to
be incorrect and not meeting the prescribed value addition norms based on the assessment of
an authority so nominated for the purpose of assessing the Local Content, action will be
taken against me as per the notification P-45021/2/2017-PP (BE-II), (revised) Dated.16.9.2020.
I agree to maintain the following information in the company's record for a period of 8 years
and shall make this available for verification to my statutory authority.
The Details of the location(s) at which the local value addition is made
Authorized signatory
(Name of the Firm
entity)
Annexure-VII
Format of Certificate for Tenders for Goods/Services/Works under Rule 144 (xi) in the
General Financial Rules (GFRs), 2017
To
(Name and address of Tender Inviting Authority)
Dear Sir.
1. I have read the Orders (Public Procurement No. 1,2 &3) dt 23rd July 2020 & 24 th July 2020
on the subject of Restrictions under Rule 144 (xi) of the General Financial Rule (GFRs), 2017
regarding restrictions on procurement from a bidder of a country which shares a land border
with India.
2. I/we certify that M/s. (name of bidder entity)
a) is not from such a country, I hereby certify that this bidder fulfills all requirements in this
regard and is eligible to be considered. OR,
b) is from such a country ( strike out whichever is not applicable), and has been registered
with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this
regard and is eligible to be considered. [Where applicable, evidence of valid registration by
the Competent Authority is attached)
3. I / We the Bidder agree and undertake that if the contract is awarded to us, we will not
sub-contract or outsource any work and / or any part thereof to a contractor from such
countries, unless such contractor is registered with the Competent Authority and proof of
same is obtained. I / we hereby certify that this bidder fulfils all requirements in this regard
and is eligible to be considered and I/ We submit the proof of registration herewith
[Wherever applicable, evidence of valid registration by the
Competent Authority shall be attached]
4. I understand that the submission of incorrect data and / or if certificate
/ declaration given by M/s. (name of bidder / entity) found
to be false, thiswould be a ground for immediate termination and further
legal action in accordance with law as per Clause 12 of Public Order on
Restrictions under Rule 144 (xi) of the General Financial Rules
(GFR's),2017.
5. This declaration cum undertaking is executed by us through our
Authorized Signatory/ies after having read and understood the Office
Memorandum and Order (Public Procurement No.l,2,3) dated 23rd and
24th July 2020 of Ministry of Finance, Department of Expenditure, Public
Procurement Division, Government of India including the words defined in
the said order which shall have the same meaning for the purpose of this
declaration cum undertaking.
By Authorised Signatory
1. All works proposed for execution by the contract will be notified in the form of invitation to
tender posted in Public places and signed by the Chief Engineer, Visakhapatnam Port
Authority. This form will state the work to be carried out, as well as the date for submitting
and opening tenders and the time allowed for carrying out the work also the amount of
earnest money to be deposited with the tender and the amount of the Security Deposit is to
be deposited by the successful tenderer and the percentage if any to be deducted from
bills, copies of the specifications, designs and drawings and any other documents equipped
in connection with the works signed by for the purpose of identification by the Chief
Engineer, Visakhapatnam Port Authority shall also be open for inspection by the Contractor
at the Office of the Chief Engineer, Visakhapatnam Port Authority during office hours.
2. In the event of the tender being submitted by a firm, it must be signed separately by each
member, thereof, or in the event of the absence of any matter it must be signed on his
behalf by a person holding a power of attorney authorizing him to do so, such power of
attorney to be produced with the tender and it must disclose that the firm is duly registered
under Indian Partnership Act.
3. Receipts for payments made on account of a work when executed by a firm, must also be
signed by the several partners, except where the contractors are described in their tender
as a firm in which case, the receipts must be signed in the name of the firm by one of the
partners, or by any other person having authority to give effectual receipts for the firm.
4. Any person who submits a Tender shall fill up the usuals, printed form stating at what rate
he is willing to undertake each item of the work. Tenders which propose any alternation in
the work specified in the said term of invitation to tender, on the time allowed for carrying
out the work or which contain any other conditions of any sort will be liable to rejection. No
single tender shall include more than one work, but contractors who wish to tender for two
or more works shall submit separate tender for each. Tenders shall have the name and
number of the work to which the reference written out on the envelope.
5. The Tender Committee constituted for the purpose, will open tenders in the presence of
any intending contractors, who may be present at the time and will enter the amounts of the
several tenders in a comparative statement in a suitable form. In the event of a tender
being accepted, a receipt for the Earnest Money forwarded there with shall thereupon be
given to the Contractor who shall thereupon for the purpose of identification sign copies of
the specification and other documents mentioned in Rule I. In the event of a tender being
rejected, the Earnest Money forwarded with such unaccepted tender shall thereupon be
returned to the Contractor making the same.
6. The Board shall have the right of rejection all or any of the tenders and will not be bound to
accept the lowest tender.
7. The receipt of any accountant of Clerk for any money paid by the Contractor will not be
considered as any acknowledgement of payment to the FA & CAO (Port Authority) and the
Contractor shall be responsible for seeing that the procures a receipt signed by the FA &
CAO (Port Authority) or a duly authorized Cashier.
8. The memorandum of work tendered for the Schedule of materials to be supplied by the Port
Authority Engineering Department and their issue rates shall be filled in and completed in
the Office of the Chief Engineer before the tender form is issued to an Intending tenderer
without having been so filled in and completed he shall request the Office to have this done
before he completes and delivers his tender.
SECURITY DEPOSIT
CLAUSE I:
The person/persons whose tender may be accepted herein after called the Contractor shall
(A) within one day for contract of Rs.1,000/- or less, two days for Rs.2,000/- or less and so on
up to a limit of ten days of the receipt by him of the notification of the acceptance of his tender
deposit with FA & CAO Office (Port Authority) in Cash or Government Securities endorsed to
the Financial Adviser & Chief Accounts Officer, VPT (if deposited for more than 12 months) a
sum sufficient within amount of the Earnest Money deposited by him with his tender to make up
the full security deposit specified in the Tender/ or (B) permit Board at the time of making any
payment to him for work done under contract to deduct sum as we will (with the earnest money
deposited by him) amount to this will be the same percentage as that in the tender at (C)
percent of all monies to so payable, such deductions to be held by Board by way of Security
Deposit provided always that in the event of the Contractor a lumpsum by way of Security
Deposit as contemplated at (A) above then and such case, if the sum so deposited shall not
amount to percent of the total estimated cost of the work if shall be lawful for Board at the time
of making any payment to the Contractor for work, done under the contract to make up the full
percentage of by deducting a sufficient sum of every such payment at last aforesaid. All
compensation or other such of money payable by the Contractor to the Board under the terms
of his contract may be deducted from or paid by the sale of sufficient part of his security deposit
or from the interest arising there from or from any account whatsoever and in the event of his
security deposit being reduced by reason of any such deduction or sale as aforesaid, the
Contractor shall within the days thereafter make good, in case of Government Securities as
aforesaid any sum or sums which may have been deducted from or raised by sale of his
security deposit or any part thereof.
CLAUSE 2(A)
The time allowed for carrying out the work as entered in the tender shall be strictly
observed by the Contractor and shall be reckoned from the date on which the order to
commence work is given to the Contractor. The work shall throughout the stipulated period of
the contract be proceeded with all due diligence (time being deemed to be of the essence of
the contract on the part of the Contractor) and the Contractor shall pay a compensation, an
amount equivalent to ½% (half percent) per every week of delay subject to a maximum of 10%
on the whole contract value as the competent authority whose decision in writing shall be final
may decide on the contract value on the whole work as shown by the tender that the work
remains uncommenced, or unfinished, after the proper dates and further to ensure good
progress during the execution of the work, the Contractor shall be bound in all cases in which
the time allowed for any work exceeds one month to complete one fourth of the whole of the
work before one fourth of the whole time allowed under the contract has elapsed, one half of
the work, before one half of such time has elapsed and three fourths of the work before three
fourth of such time has elapsed. In the event of the Contractor failing to comply with this
condition he shall be liable to pay as compensation an amount as mentioned above as the
competent authority (whose decision in writing shall be final) may decide on the said contract
value of the work for every week that the due quantity of the work remains in complete.
NOTE: The Competent Authority in this case the authority empowered to sanction the work.
b. In case the Contractor violates any condition in the contract, or the approved specification
and or delivery schedules, the Contractor shall be liable to pay penalty at sum not exceeding
10% of the contract price as decided by the Competent authority.
A(i) To rescind the contract to which the recession notice/order intimating the Contractor under
the hand of Chairman or the Authority nominated by Chairman with the approval of
Chairman/VPT shall be conclusive evidence and which case the security deposit to the
Contractor shall stand forfeited and be absolutely at the disposal of the Board.
(B) To employ labour paid by the Port Authority, Engineering Department and to supply
materials to carry out the work of any part of the work, debiting the Contractor with the cost of
the labour and price of the materials of the amount of which cost and price a certificate of the
Engineer-in-charge shall be final and conclusive against the Contractor and crediting him with
the value of the work done, in all respects in the same manner and at the same rates as if it
has been arrived out by the Contractor under the terms of the value of the work done shall be
final and conclusive against the Contractor. Contract for remains liable to pay compensation if
any not taken under clause 3 power to take possession of or require removal of said
contractor’s plant.
(C) To measure up the work of the contractor and to take such part thereof as shall be
unexecuted out of his hands, and to give it to another contractor to complete, in which
case any expenses, which may be incurred in excess of the sum which could has been
paid to the original contractor, if the whole work has been executed by him of the
amount of which excess to certificate in writing of the Engineer-in-Charge shall be final
and conclusive shall be borne and paid by the original contractor and may be deducted
from any money due to him by Board under the contract or otherwise or from his
security deposit or the proceeds of sale thereof a sufficient part thereof.
(D) In the event of any of the above courses being adopted by the Board, the Contractor shall
have no claim to compensation for the any loss sustained by him any reason of his having
purchase or procured any materials or entered into any engagement made any advances on
account of, or with a view of the executing of the work or the performance of the contract and in
the contractor shall be rescinded under the provision aforesaid the Contractor shall not be
entitled to recover or be paid a sum for any work thereto for actually performed under his
contract unless and until the Chief Engineer, Visakhapatnam Port Authority will have certified in
writing the performance, of such and the value payable in respect thereof and he shall only
entitled to be paid by the value so certified.
Clause 4:
In any case in which any of the powers, conversed upon the Board by Clause 3
thereof shall have become exercisable and the same shall not be exercised, the non-
exercise thereof shall not constitute a waiver if any of the conditions hereof and such
powers shall at withstanding the exercisable in the event of any future case or default by
the Contractor for which by any clause or clauses hereof he is declared liable to pay
compensation amounting to the whole of his security deposit and the liability of the
Contractor for past and future compensation shall remain unaffected. In the event of
Board putting in force either of the power(s) or (c) vested in him, under proceeding clause
he may, if he so desired take possession of all or any tools, plant, materials and stores in
or upon the works, or the site thereof or belonging to the Contractor, or procured by him
and intended to be used for the execution of the work or any part thereof, paying or in case
of these not being applicable at current market rates to be certified by the Engineer-in-
Charge whose certificate thereof shall be final otherwise the Engineer-in-Charge may be
noticed in writing to the Contractor or his clerk of the work Foreman or other authorized
Agent required him to remove such tools, plant, materials or stores from the premises
(within a time to be specified in such notice) and in the event of the Contractor failing
comply with any such requisition the Engineer-in-Charge any removal them at the
contractor’s expenses or sell them by auction or private sale on account of the Contractor
and at his risk in all respects and the certificate of the Engineer-in-Charge as the expense
of any such removal and the amount of the proceeds and expenses of any such sale shall
be final and conclusive against the Contractor.
CLAUSE 6:
On completion of the work, the Contractor shall be furnished with a certificate by the
Engineer-in-Charge of such completion but no such certificate shall be given nor shall the work be
considered to be completed until the Contractor shall have removed from the premises on which
the work shall be executed all scaffolding surplus materials and rubbish and cleared off the dirt
from all wood work, doors, windows, walls, floors or other parts of any building in upon or about
which the work is to be executed or of which he may have had possession for the purpose of the
execution thereof not until the work shall been measured by the Engineer-in-Charge whose
measurements shall be binding and conclusive against the Contractor. If the Contractor shall fail to
comply with the requirements of this Clause and the removal of scaffolding, surplus materials and
rubbish and clearing off dirt on or before the date fixed for the completion of the work the Engineer-
in-Charge may at the expenses of the Contractor remove such scaffolding, surplus materials and
rubbish and dispose off the same as he thinks fit clean off such dirt as aforesaid and the Contractor
shall forthwith pay the amount of all expenses as incurred and shall have no claim in respect or
any such scaffolding or surplus materials as aforesaid except for any such mutually realized by the
sale thereof.
CLAUSE 7: SHALL HAVE PAYMENT ON INTERMEDIATE CERTIFICATE REGARDING AS
ADVANCES.
No payment shall be made for works estimated to cost less than Rupees one
thousand till after the whole of the work been completed and a certificate of completion
given. But, in the case of works estimated to more than Rupees one thousand the
Contractor shall on submitting the bill therefore he entitled to receive monthly payment
proportionate to the part thereof than approved and passed by the Engineer-in-Charge,
those certificate of such approval and passing of the sum so, payable shall be final and
conclusive against the Contractor. But a such a intermediate payments shall be regarded
as payment by way of advance against for work actually done and completed and shall not
preclude the requiring of bad, unsound and imperfect or unskillful work to be removed and
taken away and reconstructed or re-erected or be considered as an admission of the due
performance of the contract or any part thereof in any respect, or the accruing of by claim
nor shall it conclude, determine, or affect in any way the powers of the Engineer-in-Charge
under those conditions or any of them as to the final set-wise or in any other way vary or
effect the contract. The final bill shall be submitted by the Contractor, within one month of
the date fixed for completion of the work otherwise the Engineer-in-Charge’s certificate of
the measurement and of the total amount payable for the work accordingly shall be final
and binding on all parties.
A bill shall be submitted by the Contractor each month on or before the date fixed by the
Engineer-in-Charge for all works executed in the previous month and the Engineer-in-Charge shall
take or cause to be taken the requisite measurement for the purpose of having the verified and the
claim, as far as admissible adjusted, if possible within the expiry of ten days from the presentation
of the bill. If the Contractor does not submit the bill within the time fixed as aforesaid, the
Engineer-in-Charge may depute a subordinate to measure-up the said work in the presence of the
Contractor whose counter signature to the measurement list will be sufficient warrant and the
Engineer-in-Charge may prepare bill from such list which shall be binding on the Contractor in all
respects.
The Contractor shall submit bills on the printed forms to be had on application at the Office
of the Engineer-in-Charge and the charges in the bills shall always be entered at the rates
specified in the tender of in the case of any extra work ordered in pursuance of these conditions,
and not mentioned or provided not in the tender at the rate hereinafter provided for such work.
CLAUSE 10:
If the specification or estimate of the work provides for the use of any special description of
materials to be supplied the Engineer-in-Charge store, or if it is required that the Contractor shall
use certain stores to be provided by the Engineer-in-Charge (such materials and stores and the
prices to be charged there, therefore, the convenience of the Contractor but not so as in any way
to control and meaning or defect to this contract, specified in the schedule of memorandum hereto
annexured), the Contractor shall be supplied with such materials and stores as required from time
to time to be issued by him for the purpose of the contract only and the value the full quantity of
materials and stores supplied at the rates specified in the said schedule or Memorandum may be
set off or deducted from any such than due or thereafter to become due to the Contractor under
the contract, or otherwise or against from the security deposit or the proceeds of the said thereof, if
the same is held in Government
Securities, the same or a sufficient portion thereof being in this case sold for the purpose. All
materials supplied to the Contractors shall remain the absolute property of Board, and shall not on
any account be removed from the site of work, and shall at all names be open to inspection by the
Engineer-in-Charge. Any such materials unused and in perfectly good condition at the same of the
completion or determination of the contract shall be returned to the Engineer-in-Charge’s stores, if
it by a notice in writing under his hand he shall be so require but the Contractor shall not be entitled
to return any such materials unless with such consent and shall have no claim for compensation on
account of any such materials so supplied to him as aforesaid being unused by him or for any
wastage in or damage to any such materials.
The Contractor shall execute the whole and every part of the work in the most
substantial and workmen like manner and both as regards materials and otherwise in
every respect in strict accordance with the specifications. The Contractor shall also
conform exactly, fully and faithfully, to the designs, conform drawings and instructions in
writing relating to the work side by the Engineer-in-Charge and lodged in his office and to
which the Contractor shall be entitled to have access at such office.
Office or in the site of the work for the purpose of inspection during office hours and
the Contractor shall if he so requires, be entitled at his own expense to make or cause to
be made copies of the specifications and of all such designs, drawings and instructions as
aforesaid.
CLAUSE 12: ALTERATIONS IN SPECIFICATIONS AND DESIGNS:
additions to, or substitutions for the original specifications, drawings, designs and instructions, that
may appear to him to be necessary or advisable during the progress of the work and the
Contractor shall be bound to carryout the work in accordance with any instructions which may be
given to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions
or substitutions shall not invalidate the contract and any altered, additional or substituted work
which the Contractor may be directed to do in the manner above specified as part of the work shall
be carried out by the Contractor on the same conditions in all respects on which he agreed to do
the main work. The time for completion for the work shall be extended in the proportion that the
altered, additional or substituted work bears to the original contract work and the certificate of the
Engineer-in-Charge shall be conclusive as to such proportion.
2. PAYMENT FOR VARIATIONS:
Variation permitted shall not exceed 25% in quantity of each individual item and +10% of the total
contract price.
For items not existing in the Bill of Quantities or substitution to items in the Bill of Quantities, rate
payable should be determined by methods given below and in the order given below:
i) Rates and prices in contract plus escalation, failing which (ii) or (iii) below will apply
ii) Rates and prices in the current VPT schedule of Rates plus ruling percentage, in respect of
items covered in VPT schedule of Rates.
iii) Market rates of material and labour, hire charges of plant and machinery used plus 15% for
overheads and profits of contractor for items not covered in VPT schedule of Rates.
For such extra work beyond permitted variation, within 14 days of the date of instruction for
executing varied work, and before the commencement of such work, notice shall be given either
(a) by the contractor to the Employer of his intention to claim extra payment or a varied rate or
price, or (b) by the Employer to the contractor of his intention to vary rate or price.
If there is delay in the Employer and the contractor coming to an agreement on the rate of an extra
item, rates as proposed by the Employer shall be payable provisionally till such time as the rates
are finally determined or till date mutually agreed.
If the Nodal Officer or his nominee decides that the urgency of varying the work prevent a
quotation being given and considers not delaying the work, no quotation shall be given and the
variation shall be treated as a Compensation Event.
All increases beyond contract provision shall be taken to the notice of the Chief Engineer before
execution of the same.
If at any time after the commencement of the work the board shall for any reason
what–so-ever, not required the whole there of as specified in the tender to be carried out
the Engineer-in–charge shall given notice in writing of the fact to the contractor who shall
have no claim to any payment or compensation whatsoever on account of any profit or
advantage which might have derived from the execution of the work in full, but which he
did not derive in consequence of the full month of the work not having been carried out
neither shall be have any claim for compensation by reason of any alternations have been
made in the original specifications, drawings designs, and instructions which shall involve
any curtailment of the work as originally contemplated.
Clause-14:
It shall appear to the Engineer-in-charge or his subordinate in-charge of the work,
that any work has been executed with unsound imperfect or unskillful workmanship or with
materials if any, inferior description or that any materials of articles provided by him for the
execution of the work are unsound or of a quality inferior to that contract, the contractor
shall on demand, in writing from the Engineer-in-Charge specifying the work materials, or
articles complained of notwithstanding that the same may have been inadvertently passed,
certified and paid for, forthwith rectify or remove the materials or articles as specified and
provided other proper and suitable materials or articles at his own proper change and cost,
and in the event of his failing to do so when a period to be specified by the Engineer-in-
Charge his demand aforesaid then the contractor shall be liable to pay compensation at
the rate of 1% on the amount of estimate for every day to exceeding 10 days, while his
failure that Engineer-in-charge may rectify with others, the materials articles complained of
as the case may be at the risk or expense in all respects of the contractor.
Clause-17: Contractor liable for damage done and for imperfections for 24 months
after certificate.
In the contract his work people or servants shall break defense injure or destroy any
part of building, in which they may be working or any building road, road curbs, fence,
enclosures, water pipes, cables, drains, electric or telephone posts or wires, trees, grass
or grass land or cultivated ground continuous to the premises in which the work or any part
of it is being executed or if any damage shall happen to the work while in progress, from
any cause whatever or any imperfections become apparent in it within 24 months. After a
certificate final or other of its completion shall have been given by the Engineer-in-charge
as aforesaid, the contractor shall make the same good at his own expense, or in default,
the Engineer-in-charge may cause the same to be made good by the other workmen and
deduct the expense (of which the certificate of the Engineer-in-charge shall be final) from
any sums that may be then, or at a time there after may become due to the contractor, or
from his security deposit or the proceeds of sale, there of or of a sufficient portion thereof,
the security deposit of the contractor shall not be refunded before the expiry of 24 months
after issue of the certificate final or otherwise of completion of work.
Clause – 18: Contractor to supply plant ladders scaffoldings etc.
The Contractor shall supply at his own cost materials (except such special materials
if any, as many in accordance with the Contract be supplied from the Engineer-in-Charge
stores, cordage, plant, tools appliances implements, ladders, tackle, scaffolding and
temporary works requisite or proper for the proper execution of the work whether original
altered or substituted and whether including in the Specification or other documents
forming part of the contract preferred to in these conditions, or not, on which may be
necessary for the purpose satisfying or complying with the requirements of the Engineer-
in-charge as to any matter as to which under these conditions he is entitled to be satisfied
or which he is entitled to require together with carriage therefore, to and from the work.
The contractor shall also supply without charge the requisite number of persons with the
means and materials necessary for the purpose of setting out work, and counting
weighting and assisting in the measurement or examination at any time and from time to
time of the work or materials. Failing his so doing the same may be provided by the
Engineer-in-charge at the purpose of the contractor and the expenses, may be deducted
from any money due to the contractor and the contract or from his security deposit of the
proceeds of same thereof, or of a sufficient portion thereof. The Contractor shall also or
vide all necessary facing and lights required to protect the public from accidents and shall
be found to be a the expenses of defense of every suit, action or other proceedings at law
that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and costs which may be awarded in any such suit,
action or proceedings to any such persons of which may with the consent of the contractor
be paid to compromise any claim by any said person.
Clause –19 :
No female labour shall be employed within the units of contentment.
Clause –19 (1):
The contractor shall provide all facilities as provided under contract labour
(Regulation and Abolition Act) 1970 and other Central / State enactments and shell be
responsible for violation of any of the same.
Clause –19(a):
In respect of all labour directly or indirectly employed in the works for the
performance of the contractor’s part of this agreement the Contractor Labour (Regulation
and Abolition) Act, 1970 and (herein after called the said Act) and Central rules made
there under by Government of India and any other Act, Rules and Regulations made by
the Central or State Government and such other rules and regulations made applicable by
the Board from time to time in regard to payment of wage, wage period deductions from
wages, recovery of wages not paid and deduction unauthorisedly made, maintenance of
wage registers, wage cards, publication of scale of wages all terms returns and the
maintenance of necessary health and sanitary arrangements.
(b): The contractor shall obtain the necessary licence for employing the Contract labour for
executing the work, now contracted upon as per the said Act and rules within 15 days from the
date of work order and shall ensure to maintain the same effective throughout the period of this
contract at his own cost. The decision of the Board and or Asst. Labour Commissioner (Central)
Regarding the applicability of the Act is final and binding on the contractor.
(c) : The contractor shall in no case, commence the work, unless be obtained and
produce the licence under the Act and the time for completion of work as given in the
tender is inclusive of the time required to obtain produce the said licence.
(d): If the Port is caused to pay reimburse or incur such amount as may be necessary to
cause or to observe for non observance of the provisions stipulated in Clause-19(a)
mentioned above, on the part of the contractor the Engineer-in-Charge shall have the right
to deduct from any moneys due to the Contractor his security deposit or recover from the
Contractor personally any sum required or estimated to be recovered for making good the
loss or damages suffered by the Board.
(e): It shall be the duty of the Contractor to obtain a licence under the Act for such
number of workmen as may be necessary for the completion of the work within the
prescribed time and any recommendation regarding the number of workmen made by the
Engineer-in-Charge shall not absolve the Contractor from his responsibility in completing
the work within the prescribed time.
(f): The contractor shall also observe the following conditions:
i) No female labour shall be employed within the limits of cantonment
ii) No labour below the age of 12 years shall be employed.
iii) The Contractor shall pay not less than minimum wage to labourers engaged
by him on the work.
EXPLANATION:
“Minimum Wage” means whether for time or piece work notified by the Ministry of
Labour Employment and Rehabilitation (Replacement of labour and Employment).
New Delhi as made applicable for works under this organization and the minimum
wage act and where such wages have not been so notified the wages prescribed by
the Central Public Works Department for the District in which the work is done or
such rates as would be notified by the Board from time to time.
iv) The Contractor shall not withstanding the provision of any contract to the
contrary, cause to be paid minimum wage to labourers indirectly engaged on
the above work including any labour engaged by his sub – contractors in
connection with the said works as if the labourers had been immediately
employed by him.
v) Vis-à-vis the Board, the Contractor shall be primarily liable for all payments
to be made under area for the observance of the Act Rules and Regulations
aforesaid without prejudice in his right to claim indemnity from his Sub-
contractor.
vi) The Contractor shall at his own expenses provide or arrange for the
provision of foot-wear for any labour doing cement mixing work (The
Contractor has undertaken to execute under this contract) to the satisfaction
of the Engineer-in-charge and on his failure to cost thereof from the
Contractor.
vii) The Contractor shall submit by the 4th and 19th of every month to the
Engineer-in-charge, as true statement showing respect of the second half of
the proceeding month and first of the current month respectively
(1) the number of labourers employed by him on the work
(2) their working hours,
(3) the wages paid to them,
(4) the accidents that occurred using the said fortnight showing the
circumstances under by them and
(5) the number of female workers who have been allowed maternity benefit
according to Clause-19-C and the amount paid to them failing which the
Contractor shall be liable to pay to the Board, sum not exceeding Rs.50/-
for each default or materially incorrect statement. The decision of the
Executive Engineer shall be final in deducting from any bill due to the
Contractor the amount levied as fine.
Clause – 19 (C):
Maternity benefit rules for female workers employed by Contractors, leave and pay
during leave shall be regulated as follows:
1. LEAVE: i) In case of delivery, maternity leave not exceeding 3 weeks, 4
weeks up to and including the day of delivery and 4 weeks, following that
day.
ii) In case of miscarriage up to 3 weeks from the date of miscarriage.
2. PAY: In case of delivery, leave pay during maternity leave will be at the rate
of the Women‘s average daily earnings calculated on the total wages earned
on the days when full time work was done during a period of 3 months
immediately proceedings the date on which gives notice that the excepts to
be confined or at the rate of 75 paise a day whichever is greater.
ii) In case of miscarriage, leave pay at the rate of average daily earnings
calculated on the total wages earned on the days when full time work was
done during a period of 3 months immediately preceding the date of such
miscarriage.
3. CONDITIONS FOR THE GRANT OF MATERNITY LEAVE:
No maternity leave benefit shall be admissible to a woman unless she has
been employed for a total period not less than 6 months.
Clause – 20 Work on Sundays work not to be sublet contract may be rescinded and
security deposit for sub-letting bribing of the contractor become insolvent.
Act, Rules and Regulations aforesaid shall be deemed to be apart of this contract
and any breach thereof shall be deemed to be a break of this contract.
Clause – 21:
The Contract shall not be assigned or subject without the written approval of the
Engineer-in-charge, and if the Contractor shall assign or sublet this contract or attempt so
to do, or becomes insolvent or commence any insolvency proceedings or make any
composite or with this creditors or attempt so to do or it any bribe, gratuity, gift lead
perquisite reward for advantage, precautionary and otherwise shall either directly or
indirectly be given promised or offered by the contractor, or any of his servants of agents,
to any public office or person in the employ of Board in any way relating to hi office or
employment or if any such officer or person shall become in any way directly or indirectly
interested in the contract, the Engineer-in-charge may thereupon by notice in writing
rescind the contract and the Security Deposit of the Contractor shall thereupon stand
forfeited and be absolutely at the disposal of Board and the same consequences shall
ensure as if the contract had been rescind under Clause –3 hereof and in addition the
Contractor shall not be entitled to recover or be paid for any work thereto for actually
performed under the contractor.
Clause –25
ACTION TO RESCIND THE CONTRACT
In the event of failure on the part of the contractor to complete work even after the
expiry of the extended period or due to other causes of non performance, VPT shall
be entitled to rescind the contract and to
Levy of LD
Forfeit Security Deposit
Banning of business with the contractor
The Employer shall be entitled to foreclose and terminate the Contract, at any time,
should, in the Employer’s opinion, the cessation of works becomes necessary, owing to
paucity of funds or due to court orders or from any other cause whatsoever. Notice in
writing from the employer, of such termination and reasons thereof, shall be conclusive
evidence thereof and be binding on the Contractor. In such a case, the value of approved
materials actually brought to the site and reasonably required to execute the works during
next three months, as per approved programme, and of work done up-to-date by the
contractor, shall be paid for in full by the Employer, at rates specified in the contract. If
rates for any materials or items of work are not available in the contract, these shall be
fixed by the Engineer as per the procedure for working out extra items as laid out in the
contract. In addition, a sum not exceeding 2% (two percent) of the value of the work
remaining incomplete on the date of closure (i.e., total stipulated value of contract less of
works actually done in terms of Contract and paid for and less the cost of materials at site
taken over by the Employer and paid for as afore said), shall be payable to the contractor,
to allow for expenditure incurred on preliminary site work, not fully covered by payments
effected and for transportation of Contractor’s tools, plants and materials, scaffolding and
shuttering, etc., as also labour and other personnel back to his depot, notwithstanding
whether the sum actually spent by the contractor on all these items is more or less than
the amount paid under this clause. If any materials supplied by the Employer to the
contractor at the cost of the contractor are rendered surplus, the same shall be returned by
the contractor to the Employer’s depot at Contractor’s cost and full credit at rates initially
charged to the contractor, shall be allowed for such materials. Similarly, any plant,
equipment or tool issued by the Employer to the contractor free of cost or on lease terms
shall be returned by the contractor to Employer’s depot at his own cost. The employer
shall be entitled to recover the cost of unreturned material, plant, equipment and tools from
the contractor where such materials have been supplied free of cost and plant, equipment
and tools free of cost or on lease basis to the contractor as stipulated in the conditions or
contract. In case of such unreturned materials, recovery to be effected from the contractor.
In case of such unreturned plant, equipment and tools, the amount to be recovered from
the contractor shall be decided by the Engineer and this shall be final and binding. The
contractor shall have to pay back unrecovered portion of advances made to him, together
with accrued interest thereon.
REFER ANNEXURE--VI
A. Change in terminology:
“Blacklisting” is now termed as “Banning of Business Dealings” in view of Court judgments.
B. Grounds for Banning:
1. If the security considerations including questions of loyalty of the
company/party to the State, so warrants.
2. If the Director of the company, proprietor or partner of the firm,
manger/representative of the company/party is convicted by the Court of Law
for offences involving moral turpitude in relation to its business dealing with
the Government or any other PSU or VPT.
3. If there is a strong Justification for believing that the Directors, Proprietors,
partners, managers or the representatives of the Company/party have been
guilty of malpractices such as bribery, corruption, fraud, substitution of
tenders, interpolations etc.
4. If the Company/Party employs a public servant dismissed/removed or employs
a person convicted for an offence involving corruption or abutment of such
offence.
5. If the business dealings with the Company/Party have been banned by the
Govt. or any other Public Sector Enterprise/Undertaking or CBI, courts etc.
CLAUSE –29 Procedure
3. The Appeal filed by the Company/ firm shall be examined and further action
taken.
The expression “work” where used in these conditions shall unless there be
something either in the subject context repugnant to such construction be constructed and
take to mean the works by or by virtue of the contract contracted to be executed whether
temporary or permanent and whether original, altered, substituted or additional.
INTERPRETATION CLAUSE;
The Board means the Authorityees of Visakhapatnam Port Authority and its
successors. Works importing the singular number only include the plural number and vice-
versa.
Service lines such as electricity cables, fibre optic I.T.cables, water supply lines,
sewer and drainage pipes, telecommunication cables etc., are embedded in the port
roads, road side berms hard surfaced areas, pavements etc. The fibre optical I.T. cable is
very costly and if damaged requires replacement for full length as jointing would be
ineffective. The contractor, therefore, before commencing any excavation shall seek the
specific clearance of the route proposed for excavation from the Engineer-in-charge. Not-
withstanding such approval he shall be responsible to take necessary precautions by way
of deploying suitable means and restraint to avoid damage to any of the service lines. In
case of any damages caused during excavation or subsequently during progress of the
work, the contractor should replace the same forthwith to original design with material
procured from manufacturers approved by V.P.T. as required, at his cost, failing which,
recovery of cost thereof including cost of down time of the facility as evaluated by the
Engineer-in-charge, would be effected from the bill amounts payable to the contractor.
Further, earth work excavation in such areas should not be undertaken with mechanical
means such as procaine/JCB/Earth mover etc., it should be carried out by the contractor manually
taking proper precautions.
ADDITIONAL CONDITIONS:
Contractor in course of their work should understand that all materials (i.e. stone and other
materials obtained in the work as dismantling etc., will be considered as Board property and will be
disposed off to the best of advantage of the Board.
2. The contractor under take to have the site clean, free from rubbish to the satisfaction of the
Engineer-in-charge. All surplus materials, rubbish etc., will be removed to the place fixed by
the Engineer-in-charge and nothing extra will be paid.
3. INCONVENIENCE TO PUBLIC;
The contractors shall not deposit materials on any site, which will seriously
Owing to difficulty in obtaining certain materials in the open market the Board Have
undertaken to supply materials specified in Schedule ‘A’ of the tender form at rates stated
therein. There may be delay in obtaining the materials by the Department and Contractor is
therefore required to keep himself in touch with the day to day position regarding the supply
materials from the Engineer-in- Charge and to so adjust the progress of the work that labour
may not remain Idle nor may there by any other claim due to or arising from delay in obtaining
the materials. It should clearly understand that no claim whatsoever should be entertained by
the Board on account of delay in supplying materials.
7. I/We agree that should I/we fail to commence the work specified in the above memorandum or
should I/we deposit the full amount of security deposit specified in above memorandum in
accordance with Clause-I (a) of the said conditions contract and an amount equal to the amount of
the earnest money mentioned in the form of invitation to tender shall be absolutely forfeited to the
Board be recovered out of the deposit in so far at the same may extend in terms of the said bond
in the event of deficiency out of any other moneys due to me or otherwise.
. No deviation from specifications stipulated in the contract of additional items of works shall
be carried out by the contractor unless the rates of the substitute altered or additional items have
been approved in writing by the competent authority, failing which Board will not be bound to
entertain any claim on this account.
9. I am/we are not related to any of the Officers employed by the Central P.W.D. or any officer of
the rank of Asst. Secretary above in the Ministry of W.H. & S.
S. No. 10 to 13 Deleted.
14. I/We agree that should I/we fail to commence the work specified in the above memorandum
or should I/we deposit the full amount of security deposit specified in above memorandum in
accordance with Clause-I (a) of the said conditions contract and an amount equal to the amount of
the earnest money mentioned in the form of invitation to tender shall be absolutely forfeited to the
Board be recovered out of the deposit in so far at the same may extend in terms of the said bond
in the event of deficiency out of any other moneys due to me or otherwise.
. No deviation from specifications stipulated in the contract of additional items of works shall
be carried out by the contractor unless the rates of the substitute altered or additional items have
been approved in writing by the competent authority, failing which Board will not be bound to
entertain any claim on this account.
SignatureCHIEF ENGINEER
Not Verified
Digitally signed by BHARGAVA
CHOKKAKULA
Date: 2022.10.01 11:23:32 IST
Location: eProcurement System for Central
PSUs