NH Division, Sunabeda

GOVERNMENT OF ORISSA WORKS DEPARTMENT

Name of the Work

“Construction of Retro-Reflective Over Head Gantry on N.H. 26 at Andhra- Odisha Border (Chargeable to contingency head for the work "Improvement of Sunki Ghat by way of providing extra widening at curve, crash barrier, drains, sign boards etc from Km. 463/0 to 473/287 of NH 43 (New Chainage Km. 424/480 to 434/767 Km. of NH 26) in the State of Odisha. Of

NH Division, Sunabeda.

IDENTIFICATION NO.11( e-procurement)/ EE N.H,SBDA OF 2015-16.

Sd/- R.P.Swain.

Executive Engineer NH Division,Sunabeda.

01 Name of the work - Construction of Retro-Reflective Over Head Gantry on N.H. 26 at Andhra- Odisha Border (Chargeable to contingency head for the work "Improvement of Sunki Ghat by way of providing extra widening at curve, crash barrier, drains, sign boards etc from Km. 463/0 to 473/287 of NH 43 (New Chainage Km. 424/480 to 434/767 Km. of NH 26) in the State of Odisha. 02 Approximate estimated cost put to - Rs. 11,89,824.00

tender

03 Value of E.M.D. as per tender call - Rs. 11,900.00

notice

04 Cost of tender paper: - - Rs. 6,300.00

05 Stipulated period of completion - 3 Months

06 Last date of submission of bid on - Up to 17.00 hours on

online 08.04.2016.

07 Date and time of opening of the - At 11.00 Hours on 12.04.2016 in the office of the Executive tender Engineer N.H. Division, Sunabeda.

GOVERNMENT OF ODISHA Office of the Executive Engineer National Highways Division, Sunabeda.

No. 986 dated. 17.03.2016 INVITATION FOR BIDS BID IDENTIFICATION NO. 11 (e-procurement)/EE N.H, SBDA of 15-16 1. The Executive Engineer, National Highway Division, Sunabeda invite bids at percentage rate basis on online mode for construction of works as detailed in the table below from eligible contractors registered with the State and Contractors of equivalent Grade or Class registered with Central/other State Government/ MES/Railways for execution of Civil Works, on production of definite proof from the appropriate authority.

Cost of tender Class of Period of value of Pkg Name of the Bid security Documents Eligible completion Name of the Work work No. N.H.Division (Rs in lakh) including VAT@5% contractor in months (Rs in lakhs) (Rupees) 1 2 3 4 5 6 7 8 Construction of Retro- Reflective Over Head Gantry on N.H. 26 at Andhra- Odisha Border (Chargeable to contingency head for the work C and D 3 "Improvement of Sunki Ghat Class. (Three) 01 by way of providing extra Sunabeda 11.90 0.119 6300.00 widening at curve, crash barrier, drains, sign boards etc from Km. 463/0 to 473/287 of NH 43 (New Chainage Km. 424/480 to 434/767 Km. of NH 26) in the State of Odisha.

2. Bid document will be available in web site from 28.03.2016 to 08.04.2016 for online bidding. The bidders must possess compatible Digital Signature Certificate of Class II or Class III. 3. Bids must be accompanied with scanned copy of demand draft towards cost of tender document (non- refundable) as mentioned in column 6. The same shall be in the form of Demand Draft on any Scheduled Bank, drawn in favour of Executive Engineer, NH Division, Sunabeda payable at Koraput. 4. Bids must be accompanied with scanned copy of financial instrument towards bid security specified for the work in column 5 of the above table. Bid security will have to be in any one of the forms as specified in the bidding document payable at Koraput in favour of the Executive Engineer, NH Division, Sunabeda. 5. Bids must be submitted on “online” on or before 17.00 hours of 08.04.2016. 6. Bids received on “online” shall be opened at 11.00 hours on 12.04.2016 in the office of the Executive Engineer, N.H. Division, Sunabeda in the presence of the bidders who wish to attend. If the office happens to be closed on the date of opening of the bids as specified, the bids will be opened on the next working day at the same time and venues. 7. Financial instrument such as cost of bidding document and bid security in original shall have to be deposited before the tender opening authority in between the date and time of closing and opening of the tender on working days, failing which the bids shall be summarily rejected. 8. The authority will not be held responsible for any technical problem or failure of network server during the online bidding. 9. The authority reserves the right to cancel any or all bids without assigning any reason.

Sd/- R.P.SWAIN. Executive Engineer, N.H. Division, Sunabeda.

SECTION– 1 DETAILED TENDER CALL NOTICE A. Instructions to bidders

The Executive Engineer, NH Division, Sunabeda on behalf of Governor of Orissa invites percentage rate bids on line mode from Civil Contractors registered with the State Government and Contractors of equivalent Grade/ Class registered with Central Government/ MES / Railways for the work. Construction of Retro-Reflective Over Head Gantry on N.H. 26 at Andhra- Odisha Border (Chargeable to contingency head for the work "Improvement of Sunki Ghat by way of providing extra widening at curve, crash barrier, drains, sign boards etc from Km. 463/0 to 473/287 of NH 43 (New Chainage Km. 424/480 to 434/767 Km. of NH 26) in the State of Odisha. A. The work is proposed to be completed in 03calendar months from the date of written order to commence the work B. The bidders must possess compatible Digital Signature Certificate of Class II or Class III. C. The bidders must have possessed required machineries or have negotiated for hiring of such machineries for execution of the above work. D. Bid document will be available in web site www.tendersorissa.gov.in from 28.03.2016 to 08.04.2016 for online bidding, which will be received up to 17.00Hours on 08.04.2016 on online. E. Only those tenderers who are willing to accept all the terms and conditions of the detailed tender call notice need to participate in the tender. F. Tender document shall be submitted in Single cover system. G. Financial instrument for E.M.D/ Bid Security (duly and properly pledged), Demand Draft towards cost of tender paper, Registration Certificate, VAT Clearance certificate, PAN Card, No Relation Certificate, Work completed and works in hand, Performance certificate by the concerned EE, Machinery movement certificate by EE, Affidavit, Details of Engineering personnel under employment for supervision of works, Special conditions if any & other documents required in relevant clauses of DTCN are to be scanned and converted to PDF format before uploaded in “technical Bids” in online mode. H. The bidder is required to quote his offer in percentage up to one decimal place in the space provided in the top of the front page of Price Bid. I. Bids received on online shall be opened at 11.00 hours on 12.04.2016 in the office of EE, NH Division, Sunabeda. J. If the office happens to be closed on the date of opening of tenders as specified, the tenders shall be opened on the next working day at the same time and venue. K. Financial instrument such as Cost of bidding document and Bid security in original shall have to be deposited before the tender inviting authority or before the concerned division or circle office in between the date and time of closing and opening of the tender on working days, failing which the bids shall be summarily rejected. Non submission of bid security and cost of tender papers within the designated period shall debar the bidder from participating in the online bidding system and also his portal registration shall be blocked. His name shall be intimated to the registration authority for cancellation of his registration. L. For becoming eligible to tender for this work the, Tenderers are required to possess or hire road making machineries specified under relevant clauses of specification of Road and Bridge works of Ministry of Road Transport and Highways (4th Revision) The relevant clauses are indicated in the items of the Scheduled of quantities. The followings are the Principal machineries required for this work.

a) Concrete Mixture capacity 0.40/0.280 cum. b) Niddle Vibrator c) 63 KVA Generator d) Water Tanker

M. in case the Contractor proposes to engage machineries and equipments as asked for in the tender document, owned or hired but deployed out side the State, he/she is required to furnish additional 1% EMD/Bid security. The word “Bid Security & E.M.D” and “bid & tender” mentioned else where in this document are synonymous.

N. The contractor shall be required to give a trial run of the equipments for establishing their capacity to achieve the laid down specification and tolerances to the satisfaction of the Engineer in charge within 21 days from signing of Agreement, failing which the contract shall be terminated with forfeiture of performance security and imposition of penalty 20 % of contract value and penal action as non serious contractor. O. E.M.D. furnished in improper instrument, inadequate value and not pledged in favour of the appropriate authority shall render the tender liable for rejection. P. Only 1st and 2nd lowest bidder are required to produce the original RC, VAT clearance, PAN card and other documents as may be required for verification within 3 working days of opening of cover-II of tender failing which the bid would be considered as non responsive and the bidder as non- serious. Q. Besides the earnest money deposit and initial security deposit, contractors of all Class except C & D class will be required to furnish security deposit by way of deduction from their bills at the rate of five percent of the gross amount of each bill whereas in case of C & D class contractor, such deduction will be made at the rate of three percent of gross amount of each bill. R. In the case of Government parties, Co-operative Societies, Diploma or Degree holders in Engineering who are registered with the Department, the rules framed by government from time to time about earnest money deposit, initial security deposit will apply. S. Request for transfer / adjustment of earnest money deposit from other works will not be entertained. T. One percent of Gross Bill shall be deducted towards the “labour cess” from all class of contractors for works costing more than ten lakhs and shall be remitted to the labour Deptt., Govt. of Orissa.

U. The tenders will be considered to be valid for ninety days from the last date of receipt of the tenders.

V. In case the 1st lowest tendrer or even the next lowest tenderers withdraw in series one by one, thereby facilitating a particular tenderer for award, then they shall be penalized with adequate disincentives with forfeiture of EMD unless adequate justification for such back out is furnished. Appropriate action for black listing the tenderers shall also be taken apart from disincentivising the tenderer. W. Each tenderer shall submit only one tender for one work. In case multiple tender for one work is received, the bidder shall be disqualified from the tender process. X. The intending tenderer shall bear all costs associated with the preparation and submission of his tender, and the Employer will in no case be responsible and liable for those costs. Y. In case the tenderer backs out from the tender before expiry of validity period, the EMD shall be forfeited. Z. If the contract will be rescinded due to reasons attributable to the contractor, rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence, 20 percent of the value of left over works will be recovered from the contractor as penalty. AA. The rates and prices in the tender shall cover all taxes, viz. Central or State Sales Tax, Octroi, any other local taxes, ferry, toll gate charges and royalties and any other charges. The contractors shall produce necessary receipts in support to payment of royalty and taxes for the materials supplied by him/them for the work failing which royalty, taxes as applicable will be deducted from their bills. BB. No extra quantity beyond the agreement is to be executed. If the agreement quantity is likely to be increased due to site necessity, the fact should be intimated to the Executive Engineer concerned before execution with all financial implications and only after approval of competent authority, it should be executed. CC. The tenderer, at his own responsibility and risk is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Tender and entering into a contract for construction of the works. The costs of visiting the site shall be at the Tenderer’s own expense.

DD. The tenderer is expected to examine carefully all instructions, conditions of contract, contract data, forms, terms, technical specifications, bill of quantities, for Annexes and drawings in the Tender Document. Failure to comply with the requirements of Bid Documents shall be at the Tenderer’s own risks. EE. Information relating to the examination, clarification, evaluation and comparison of Tenders and recommendations for the award of a contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the award to the successfully Tenderer has been announced. Any effort by a Tenderer to influence the Employer’s processing of Tenders or award decisions may result in the rejection of his tender. FF. Additional performance security shall be deposited by the successful bidder when the bid amount is seriously unbalanced, i.e. less than the estimated cost by more than 10 percent. In such an event the successful bidder will deposit the additional performance security to the extent of the differential cost of the bid amount and 90% of the estimated cost in shape of POSB/N.S.Cs/POTD/ KVP/ Deposit receipt of schedule bank at the time of signing of agreement. Failing which Security deposits of the tenderer shall stands forfeited along with other penal action as per rules. GG. The successful tenderer has to install full fledged field laboratory for testing of quality of the work at his cost. Engineering personnel of the executing agency should be present at work site at the time of visit of high level inspecting officers in the rank of Superintending Engineer. HH. Technical evaluation of all bids shall be carried out as per information furnished by the bidder. But evaluation of bids does not exonerate bidders from checking of their original documents at a later date. If the bidder found to have misled the evaluation through wrong information, following action shall be taken against him (a) Bid security shall be forfeited if the work is not awarded. (b) Contract shall be terminated with penalty of 20% of the balance work if the work has been awarded. (c) His name shall be recommended to the registering authority for black listing. II. Preparation of Bids

JJ. Guidelines for preparation of bids on line mode has been issued by Government in Works Department letter No.1027 dated 24.01.09 and appended at last part of this document. The bidders are required to go through the procedure before preparation of bids.. KK. The intending tenderers shall have to furnish proof of ownership of the required machineries in their possession if these are not engaged. In case the machineries are engaged at the time of tendering, a certificate issued by the Executive Engineer concerned, under whom these are deployed, in the prescribed format, Specimen available at last part of this document, regarding the period by which these machineries are likely to be released from the present contract. Certificate should not be more than 90,ninety days old on the last date of receipt of tender. LL. The contractor intending to hire/lease equipment/machineries are required to furnish proof of machineries from the company / person providing equipment / machineries on hire or lease along with contracts agreements/ lease deed and duration of such contract. Tenders received without supporting documents as required above shall be considered as non responsive. MM. The earnest money deposit, EMD, or the bid security 1% of the estimated contract value as shown in the tender call notice should be given in shape of N.S.Cs , Post Office Time Deposit , P.O.S.B , Kisan Vikas Patra or Deposit receipt of a schedule bank. EMD shall be pledged in favour of the Executive Engineer of concerned NH Division. NN. In case, offer of an out side contractor,not registered with the State PWD, found to be lowest, it is mandatory for him/ them to get himself/themselves registered in appropriate class under Orissa state PWD within one month from letter of intimation to that effect. Failing which EMD shall be forfeited and the work shall be awarded to next eligible tenderer. OO. The expenditure on this project will be met from the budget of Government of India. Payment for all NH original works shall be guided as per procedure outlined by Ministry of Road Transport & Highways,

Government of India in their Circular No.RW/G-20011/2/2001-WA, Vol.II, dt.12.05.2003 known as “Direct Payment Procedure” & the same shall be applicable for this work. PP. All documents relating to the bid shall be in the English language. QQ. The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All payments shall be made in Indian Rupees. RR. An affidavit shall be furnished by the tenderer at the time of submission of tender papers about the authentication of tender documents including financial instruments failing tender will be rejected. SS. The Technical person who will supervise the work as required in clause- 44, section 2 to be furnished in cover-1. TT. Information in the prescribed format must have to be furnished by the tenderer failing which the tender will be liable for rejection. a. Declaration of tenderer regarding works completed during last 3 years and works under execution in the proforma – A ,specimen available at last part of the document. b. The Tenderers are required to furnish performance report in the proforma – B, specimen available at last part of document, duly certified by Executive Engineer, under whom he has executed works in order to judge his past performance. The certificate is to be furnished separately for each Division and should be within 90 days from last date of submission of tender. UU. Certificate from the Executive Engineer under whom the machineries/ equipment are currently deployed is to be furnished in proforma-C. Specimen copy of format available at last part of document. VV. The Contractors are required to furnish evidence of ownership of principal machineries/ equipments for only those machineries/ equipments asked for in the tender documents. WW. In case the Contractor executing several works he is required to furnish a time schedule for movement of equipment/ machinery from one site to work site when work is to be executed. XX. The Contractor shall furnish ownership documents for those machineries which he is planning to deploy for the tendered work if these are not engaged or produce certificate from the Executive Engineer under whom these are deployed at the time of tendering as to the period by which these machines are likely to be released from the present contract. Certificate from the Executive Engineer shall not be more than 90 days old on the last date of receipt of tender. specimen copy available at “C’” at last part of this document YY. The Contractor intending to hire/lease equipments/ machineries are required to furnish proof of ownership from the company/ person providing equipment/ machineries on hire/lease along with Contractors/ Agreements/ lease deed and duration of such contract. ZZ. Tenders containing extraneous conditions not covered by the conditions here-in-before and here-in-after provided and quoting rates on units different from those prescribed in the tender schedules will be liable for rejection. No tenderer will be permitted to furnish tender in their own manuscript form. This however, excludes special cases for which alternative designs and specifications may be asked for, specifically, in the special condition of contract. AAA. Any request from the tenderer in respect of additions, alternations, modifications, corrections, etc. or either terms and conditions or rates of his tender after opening of the tenders will not be considered. BBB. The successful tenderer shall make his own arrangement for all materials unless otherwise specified in the conditions of contract. CCC. By submitting a tender for the work, a tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the work about the quality and availability of the required quantity of materials, medical and labour and food stuffs etc. and that the rates quoted by him in the tender will be adequate to complete the works according to the specifications and conditions attached there to and that he has taken into account all conditions and difficulties that may be encountered during its progress and to have quoted labour rates and materials rates which shall include cost of materials with taxes, octroi and other duties, lead, lift, loading and unloading, freight for materials and all other charges necessary for the completion of the work to the entire satisfaction of the Chief Engineer, N.Hs. Orissa, Bhubaneswar and his authorised subordinates. After acceptance of the contract rates, Government will not pay any extra charges for any reasons in case the contractor is found to have misjudged the conditions as regards availability of materials labour and any other factors. 7

DDD. If the tenderer has a relative employed as an Officer in the rank of an Asst. Engineer, and above in the State P.W.D. or under Secretary and above in the Works Department, he shall inform the Chief Engineer, N.Hs, Orissa mentioning the exact details in a covering letter during the intervening period of submission of tender and opening of the tender. Also if the fact of relationship subsequently comes to light, his contract will be rescinded. The earnest money and the total security deposit will be forfeited and he shall be liable to make good any loss or damage resulting from such cancellation. In case, the tenderer has no relationship with any of the Officers mentioned above he shall have to furnish with his tender a certificate to this effect. EEE. Canvassing in any form is prohibited and the tenders submitted by the tenderers who resort to canvassing will be rejected and the tenderer will not be allowed to tender for any other works in this Organization. FFF. Details of drawing and specifications, as are not supplied with the tender documents for the work, may be seen in the office of the Executive Engineer, NH Division, Sunabeda on working days during working hours. GGG. If any other information regarding plan and specifications etc. are required before submission of the tender, the same can be obtained from the concerned Executive Engineer, N.H.Division mentioned in the tender call notice against the work. HHH. The detailed specification for all items of work involved in the work shall be in accordance with the followings:- a) I.R.C., .I.S.I. Codes of practice and M.O.R.T.& H's publication such as specifications of road and bridge work of M.O.R.T.& H 4th Revision, circulars for road and bridge works and sound engineering practices. b) Orissa detailed standard specification. 60. The rate quoted for the work will deem to include all incidental items which may be necessary such as bailing out water from foundation, construction of bench marks, level pillars, profiles, benching leveling of ground etc. wherever required. The incidental items mentioned herein are only indicative and not exhaustive. No extra payment or claim will be admissible on these grounds. a) The Contractor has to arrange for the adequate supply of clean water required for the works and also has to arrange adequate lighting arrangements for night work whenever necessary at his own cost. b) The Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect. c) If the Engineer instructs the contractor to carry out a test not specified in the specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. d) The Bill of Quantities shall contain items inclusive of the construction, installation, testing and commissioning work to be done by the contractor. The contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item. e) The value of work executed shall be determined by the Engineer and also comprise the value of quantities of the items in the Bill of Quantities. The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in light of later information. f) The bidder is required to quote in Percentage rate only. In such contracts the schedule of quantities shall mention estimated rates of such item and amount thereto. The Contractor has to mention percentage excess or less / at par over the estimated cost in figures in the BOQ. Percentage quoted by the bidder shall be accurately filled in figure only. g) The bidder shall write the percentage in excess or less up to one decimal point only. h) If the bidder writes the percentage up to two or more decimal point the 1st decimal point shall only be considered without rounding off. i) Bills for percentage rate tender shall be prepared at the estimated rates for individual items only and the percentage of excess or less shall be added or subtracted from the gross amount of the bill.

III. Implementation of contract

61. The bidder / tenderer whose bid has been accepted will be notified by the Employer or Engineer-in-Charge prior to expiration of the validity period by local delivery /cable, telex or facsimile confirmed by registered letter. This letter, hereinafter and the conditions of contract called the “Letter of Acceptance” will state the sum that the Engineer-in-Charge will pay the contractor in consideration of the execution, completion, and maintenance of the works by the contractor as prescribed by the contract (Hereinafter and in the contract called the “Contract Price”. 62. The notification of award will constitute the formation of the contract, subject only to the furnishing of a performance security,ISD or/and additional performance security in accordance with the provisions of the agreement. The amount of I.S.D. shall be equal to 2percent of contract price minus EMD already deposited. 63. Additional performance security shall be deposited by the successful bidder when the bid amount is seriously unbalanced, i.e. less than the estimated cost by more than 10 percent. In such an event the successful bidder will deposit the additional performance security to the extent of the differential cost of the bid amount and 90 percent of the estimated cost in shape of POSB/N.S.Cs/POTD/ KVP/ Deposit receipt of schedule bank at the time of signing of agreement. Failing which Security deposits of the tenderer shall stands forfeited along with other penal action as per rules.

64. The agreement will incorporate all agreements between the officer inviting the bid/ Engineer-in-Charge and the successful bidder. Within 15 days following the notification of award along with the Letter of Acceptance, the successful bidder will sign the agreement and deliver it to the Engineer-in-Charge. Failing which the bid security shall be forfeited and the bidder shall be liable for black listing as a non serious bidder. 65. The contractor shall be required to give a trial run of the equipments for establishing their capacity to achieve the laid down specification and tolerances to the satisfaction of the Engineer in charge within 21 days from signing of Agreement, failing which the contract shall be terminated with forfeiture of security deposits 66. The successful tenderer has to install full fledged field laboratory for testing of quality of the work at his cost. Engineering personnel of the executing agency should be present at work site at the time of visit of high level inspecting officers. 67. The Bid security of the unsuccessful tenderers will be refunded after the tender is finalized and the bid security of successful bidder shall be released after signing of agreement with deposit of performance security and additional security, if any 68. The Engineer shall give notice to the contractor of any Defects before the end of the Defects Liability Period, which begins at completion of the work and continues for next 12 months. The Defects Liability period shall be extended for as long as Defects remain to be corrected. Every time notice of Defect is given, the Contractor shall correct the notified Defect with in the length of time specified by the Engineer’s notice. If the contractor has not corrected a defect with in the time specified in the Engineer’s notice, The Engineer will assess the cost of having the Defects corrected and the Contractor will pay the amount. 69. In the contract time is the essence. The Contractor is required to maintain percentage rate of progress specified in the contract. The contract can also be terminated with penalty when the progress of work is not as per the conditions of contract, the period of completion is fixed und cannot be altered except in case of exceptional circumstances with due approval of the competent authority.

SECTION – 2 GENERAL CONDITIONS OF CONTRACT TIME CONTROL:

1. PROGRESS OF WORK AND RE-SCHEDULING PROGRAMME:

b) The Executive Engineer/Engineer-in-Charge shall issue the letter of acceptance to the successful contractor. The issue of the letter of acceptance shall be treated as closure of the Bid process and commencement of the contract 9

c) Within 15 days of issue of the letter of acceptance, the Contractor shall submit to the Engineer-in-Charge for approval a Programme commensurate to clause No. 2 of P-1 agreement showing the general methods, arrangements, and timing for all the activities in the Works along with monthly cash flow forecast. Time being essence of the contract, Execution of the work shall be programmed strictly proportionately to the time. d) To ensure good progress during the execution of the work the contractors shall be bound in all cases in which the time allowed for any work exceeds one month to complete, 1/4th of the whole of the work before 1/4th of the whole time allowed under the contract has elapsed, ½ of the whole of the work before ½ of the whole time allowed under the contract has elapsed, 3/4th of the whole of the work before 3/4th of the whole time allowed under the contract has elapsed. e) If at any time it should appear to the Engineer-in-Charge that the actual progress of the works does not conform to the programme to which consent has been given, the contractor shall produce, at the request of the Engineer-in-Charge, a revised programme showing modifications to such programme necessary to ensure completion of the works within the time for completion. If the contractor does not submit an updated programme within this period, the Engineer-in-Charge may withhold the amount of 1% of the contract value from the next payment certificate and continue to withhold this amount until the next payment after the date on which the over due programme has been submitted. f) An update of the programme shall be a programme showing the actual progress achieved on each activity and the effect of the progress achieved o the timing of the remaining work including any changes to the sequence of the activities. g) The Engineer-in-Charge’s approval of the programme shall not alter the contractor’s obligations. The contractor may revise the programme and submit it to the Engineer-in-Charge again at any time. A revised programme is to show the effect of Variations and Compensation Events.

2) Extension of time Completion Date:

i) The time allowed for execution of the works as specified in the contract data shall be the essence of the contract. The execution of the works shall commence from the 15th Day of such time period as mentioned in letter of Award after the date on which the Engineer-in-Charge issues written orders to commence the work or from the date of handing over the site whichever is later. If the contractor commits default in commencing the execution of the work as aforesaid, Government shall without prejudice to any other right or remedy available in law, be at liberty to forefeit the earnest money and performance guarantee/security deposit absolutely. ii) As soon as possible after contract is concluded the contractor shall submit a Time and Progress Chart for each milestone and get it approved by the Department. The chart shall be prepared in direct relation to the time stated in the contract documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the Engineer-in-Charge and the contractor within the limitations of time imposed in the contract documents, and further to ensure good progress during the execution of the work, the contractor shall in all cases in which the time allowed for any work, exceeds one month (save for special jobs for which a separate programme has been agreed upon) complete the work as per milestone in contract data. iii) In case of delay occurred due to any of the reasons mentioned below, the contractor shall immediately give notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works. a) Force majeure, or b) Abnormally bad weather, or c) Serious loss or damage by fire, or d) Civil commotion, local commotion of workmen, strike or lookout affecting any of the trades employed on the work, or e) Delay on the part of other contractors or tradesmen engaged by Engineer-in-Charge in executing work not forming part of the contract. 10

f) In case of variation is issued which makes it impossible for completion to be achieved by the intended completion date without the contractor taking steps to accelerate the remaining work and which would cause the contractor to incur additional cost, or g) Any other cause, which in the absolute discretion of the authority mentioned, in contract data is beyond the contractor’s control. iv) Request for reschedule and extension of time, to be eligible for consideration, shall be made by the Contractor in writing within fourteen days of the happening of the event causing delay. The contractor may also, if practicable, indicate in such a request the period for which extension is desired v) In any such case a fair and reasonable extension of time for completion of work may be given. Such extension shall be communicated to the contractor by the Engineer-in-Charge in writing, within 3 months of the date of receipt of such request. Non application by the contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the Engineer-in-Charge and this shall be binding on the contractor.

3. Compensation for Delay: If the contractor fails to maintain the required progress in terms of clause 2 or to complete the work and clear the site on or before the contract or extended date of completion, he shall without prejudice to any other right or remedy available under the law to the Government on account of such breach, pay as agreed compensation the amount calculated at the rates stipulated below as the Superintending Engineer (whose decision in writing shall be final and binding) may decide on the amount of tendered value of the work for every completed day/month (as applicable) that the progress remains below that specified in Clause 2 or that the work remains incomplete. This will also apply to items or group of items for which a separate period of completion has been specified. Compensation @ 1.5% per month of for delay of work delay to be computed on per day basis. Provided always that the total amount of compensation for delay to be paid under this condition shall not exceed 10% of the Tendered Value of work or to the Tendered Value of the item or group of items of work for which a separate period of completion is originally given. The amount of compensation may be adjusted or set-off any sum payable to the Contractor under this or any other contract with the Government. In case, the contractor does not achieve a particular milestone mentioned in contract data or the rescheduled milestone(s) in terms of Clause 2.5, the amount shown against that milestone shall be withheld to be adjusted against the compensation levied at the final grant of extension of time. Withholding of this amount on failure to achieve a milestone, shall be automatically without any notice to the Contractor. However, if the contractor catches up with the progress of work on the subsequent milestones(s), the withheld amount shall be released. In case the contractor fails to make up for the delay in subsequent milestone(s), amount mentioned against each milestone missed subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on such withheld amount.

4 Bonus for early completion. THIS CLAUSE HAS BEEN DELETED. Incentive would be paid in respect of individual project for new construction / substantial additional or improvement works the minimum value of which is mentioned below.

Name of the work Minimum Value Building work/ PH Work Rs 40.00 lacs Road work Rs 300.00 lacs Irrigation work Rs 1000.00 lacs In case, the contractor completes the work ahead of scheduled completion time, a bonus @ 1% (One percent) of the tendered value per month computed on per day basis, shall be payable to the contractor, subject to a maximum limit of 2% (two percent) of the tendered value. The incentive would be paid with approval of the next higher authority of tender accepting authority on completion of original work before original time schedule. Amount of bonus, if payable, shall be paid along with final bill after completion of work.

5. Management Meetings. 11

a) Either the Engineer or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure. b) The Engineer shall record the business of management meetings and is to provide copies of his record to those attending the meeting and to the Employer. The responsibility of the parties for actions to be taken is to be decided by the Engineer either at the management meeting or after the management meeting and stated in writing to all who attended the meeting. c) Department will have the right to inspect the scaffolding and cantering made for the work and can reject partly or fully such structures if found defective from safety or any other grounds. The contractor has to carry out any such detailed instructions from the Engineer-in-charge or his authorized subordinates regarding such structures. All the centering and shuttering should be got approved by the Engineer-in-charge before concreting is done. d) The contractor shall not sublet whole or part of the work without consent of the concerned Executive Engineer or transfer be made by power of attorney authorizing others to receive payment on behalf of the contractor and such consent if given shall not relieve the contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults and neglects of any sub-contractor employed by him as fully as if they were the acts, defaults and neglects of the contractors, his agents servants or workmen. Employing labour directly on piece work basis shall not be deemed to be understood as subletting as explained above.

6. The contract comprises the construction completion and maintenance of the works and except in so far as the contract otherwise provides, of provision of labour, material and construction plant, temporary works and everything whether of a temporary or permanent nature required in and for such construction, completion and subsequent maintenance for a period of not less than 12 months.

a. The drawing shall remain in the safe custody of the Executive Engineer, but two sets of copies thereof shall be furnished to the contractor free of cost. At the completion of the work, the contractor shall return to the concerned Executive Engineer one set of all the drawings, supplied to him duly signed as completion drawing. b. No claim shall be entertained against the Department on account of any increase in Railway, or road freight or prices of cement, steel, petrol, coal, fuel, oil lubrication, explosives and other materials or commodities etc. during the course of construction or after tendering for this work, however, an escalation clause on certain materials is available in last part of this document.

7. The contractor shall give adequate notice in writing to the Engineer-in-charge for any further drawings or specifications that may be required for the execution of the work or otherwise under the contract. In the event of any delay in issuing of any of the detailed drawings etc. for any reasons what-so-ever reasonable extension of time may be granted on application by the contractor but on no account any claim for monetary compensation will be entertained. 8. One copy of the drawing supplied to the contractor shall be made available at the site for reference for use of the departmental officers during inspection. 9. The contractor shall submit to the Executive Engineer-in-charge for his approval the programme showing the order of procedure and method in which he proposes to carry out the work and whenever required by the concerned Executive Engineer-in-charge or his representative furnish, information/particulars in writing arrangements for carrying out of the work and of the constructional plan and temporary work which the contractor intends to supply, use or construct as the case may be. The submission to and approval by the Engineer-in-charge of such programme or furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities under the contract. 10. The contractor shall be responsible for the true and proper setting out of the work and for the correctness of the position, levels, dimensions and alignment of all part of the work and for the provision of all necessary instruments, appliances and labour. In connection there with. If at any time during the progress of the works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the works the 12

contractor on being required to do so by the concerned Executive Engineer-in-charge. The checking of any setting out of any line or level by the concerned Executive Engineer or his representative shall not in any way relieve the contractor of his responsibility for the correctness thereof and the contractor shall carefully protect and preserve all bench marks, pegs and other things used in settings out of the work. 11. Explosives shall not be used on the work by the contractor without the permission in writing of the concerned Executive Engineer and then only in the manner and to the extent prescribed. Where explosives are used the same shall be stored in a special magazine to be provided by and at the cost of the contractor who shall be liable for all damages, loss or injury to any person or property and shall be responsible for complying with all the statutory rules and regulations prescribed by the Chief Inspector of Explosives. It is the responsibility of the contractor to procure explosives required for the work. However, the Department may render necessary possible help for procuring explosive License. No claim will however be entertained for delay or failure in rendering such help by the Department. 12 The contractor shall in connection with works provide and maintain at his cost all lights, guards, fencing and watching as and where necessary or required by the concerned Executive Engineer or his representative for the protection of the works or for the safety and convenience of the public or others. 13. The contractor shall indemnify the department against all losses and claims to injuries or damages to any person or property what-so-ever which may arise out of or in consequence of the construction and maintenance of the works and against all the claims, demands proceedings, costs charges and expenses what- so-ever in respect of or in relation thereto. 14. The contractor shall abide by the C.P.W.D. safety code introduced by Government of India. Ministry of Housing and Supply in standing orders No. 44-250 dated 25-11-75 which can be seen in the office of the Executive Engineer, N.H. Division concerned on any working day during office hours. 15. The contractor shall abide by "Fair Wages" clause in accordance with the Government of Orissa, Works and Transport Department letter No. A-VIIIR-18/52/25 dated 26-02-55 and No. IIM-56/51-288845 (A) dated 27- 09-61 and workmen Compensation Act, 1923 and other laws as may be introduced by the Government from time to time. 16. The contractor in accordance with the requirement of the Department afford all reasonable opportunities for carrying out their work to any other contractors employed by the Department and their workmen and to the workmen of the department and of any other duly constituted authorities who may be employed in the execution on or near the site of any work not included in the contract or of any contract which the department may enter into in connection with or ancillary to the works. 17. The contractor shall at his own expense provide and maintain all the constructional plant, temporary works, materials both for temporary and for the permanent works, labour transport to or from the site and in and about the works and other things of every kind required for the construction, completion and maintenance of the works. 18. The Department may supply materials as are available with them but the contractor shall keep himself in touch with the day to day position regarding the supply of the materials from the Executive Engineer-in-charge and to so adjust the progress of the work that their labour may not remain idle nor may there by any soother claim due to or arising out of the delay in obtaining the materials. It should be clearly understood that the contractor is solely responsible to make his own arrangements for all the materials required for the completion of the work in time. 19. On completion of the work, all rubbish, debris, vats, tanks materials and temporary structures of any sort or kind used for the purpose of/or connected with its construction are to be removed by the contractor and all pits and excavations filled up at his own cost and the site handed over in a tidy and workmen like condition and the final payment in settlement of the accounts for the said work shall be held to be due or shall not be made to the contractors till such site clearance shall have need effected by him and such clearance may be done by the concerned Executive Engineer at the expense of the contractor in the event of his failure to comply with this provisions within 7 days after receiving notice in writing from the Engineer-in-charge to that effect. If it becomes necessary for the Engineer-in-charge to have the site clearance done as indicated above at the expense of the contractor the department shall under no circumstances be held liable for any losses or damages to such of the contractor's property as may be on such site due to such removal there from removal 13

of which may be effected by means of public sale of such materials and property or in such way as deemed fit and most convenient to the concerned Executive Engineer. 20. The contractor shall have to submit to the Engineer-in-charge fortnightly return of labour both skilled and unskilled as employed by him on the work as per the prescribed proforma. 21. The contractors are required to quote their rates for all the items noted in the schedule of quantities. The Department reserves the right of deciding the type of the structures to be constructed i.e. frames or masonry structures and contractor shall abide by the decision of the Deptt. In case of alternative items or item occurring in the tender Chief Engineer, National Highways, Orissa, Bhubaneswar, may order to execute any of the item or items at his direction, and the contractor shall not have choice in this decision to his advantage. 22. The contractors shall supply samples of all materials, free of cost before procurement for the works for testing and acceptances as may be required by the concerned Executive Engineer. 23. The contractor shall uncover any part or parts of the works or make opening in or through same as the concerned Executive Engineer may from time to time direct for testing and shall reinstate and make good such part or parts to the satisfaction of the Engineer-in-charge. 24. The Engineer-in-charge during the progress of the works has powers to order in writing in the site order book so maintained at site of work by the contractor in the form prescribed by the Department from time to time. 25. The removal from site within such time or times as may be specified in the order of any materials Which in the opinion of the Engineer-in-charge are not in accordance with the specification? 26. The substitution of proper and suitable materials. 27. The removal and proper re-execution of any work in respect of materials or workmanship which in the opinion of the Engineer-in-charge is not in accordance with the specification. 28. Either during execution or after completion of the work, contractor shall arrange at his own cost requisite equipments for testing the structures, if found necessary by the Engineer-in-charge and bear the entire cost of such tests conducted as per the direction of the concerned Executive Engineer. 29. The contractor shall on the written order to the concerned Executive Engineer suspend the progress of the work or any part thereof for such time or times and in such manner as the Engineer-in-charge may consider necessary and shall during such suspension, properly protect and secure the work as far as is necessary in the opinion of the Engineer-in-charge. No claim in this regard will be entertained. 30. The contractor shall after award of the works commence the work on site within the period to be prescribed by the Engineer-in-charge and shall also maintain proportionate progress. The contractor should bear all expenses and charges of special or temporary roads required by him in connection with access to the site. Subject to any requirement in the contract as to the completion of any portion of the works before completion of the whole, the whole, of the works shall be completed within the time stated in the contract. Normally no extension of time will be granted. 31. The concerned Executive Engineer shall make any variation of the form, quality or quantity of the works or any part thereof that may in his opinion be necessary and for that purpose or if for any other reasons it shall in his opinion be desirable. If due to such alternations or addition any item or items of works are to be executed which are not specially covered by the contract then the same may be taken up departmentally through job work agreements with the same contractor or separate peace workers or through Muster Rolls at the prevailing schedule of rate or rates approved by the Chief Engineer, N.Hs., Orissa, Bhubaneswar. When the extra or additional items are executed through the same contractor he shall give in writing his willingness to accept the prevailing schedule of rates or the rates approved by the Chief Engineer, N.Hs. (Orissa), Bhubaneswar, prior to taking up the work. 32. It is to be clearly understood that no claims what-so-ever will be entertained as regards extra or less quantity of work against the items provided in the contract or extra items of work done under written order of the concerned Executive Engineer. The rate in the later case being the prevailing schedule of rates approved by the Chief Engineer, N.Hs. Orissa, Bhubaneswar. If the contractor executes the extra items but fails to give in writing his willingness to accept the prevailing schedule of rates the decision of the Chief Engineer, N.Hs. Orissa, Bhubaneswar, will be final as regards rates admissible which will be binding on the contractor. 33. Sales tax on finished products shall not be paid separately. If any such levied, the contractor shall bear the same. The Contractor should accordingly quote the rate in the percentage rate, No special condition on 14

this issue will be entertained. They should also give an undertaking on this point as indicated below: Certified that the rates quoted by me are inclusive of sales tax on finished work. No extra amount shall be claimed. 34. The Materials if available with the Department may be supplied to the contractor at the discretion of the Department at the place and at the rates determined by the Department. 35. The Department have the right to supply at any time in the interest of work any departmental materials to the work in addition to those mentioned in clause 3.36 above and the contractor shall use such materials without any controversy or dispute on the account. 36. The rates of such materials as supplied under clause 3.37 and 3.36 will be at the stock issue rates fixed by the Department or market rates prevalent at the time of supply, whichever is higher. 37. The contractor may take delivery of departmental supply of materials according to his need for the work issued by the Sub-Divisional Officer. The contractor shall make all arrangement for proper storage including cost of store sheds required for the purpose and provide for watching arrangement at his expenses. 38. The Department is not responsible for any theft of materials. Under any such contingencies if the contractor

stops or delays in the execution of work relevant penalty clause as per F2 agreement will be enforced. 39. The contractor will be responsible for the misuse, loss or damage due to any reason what-so-ever of any departmental materials supplied to him during the execution of the work. In case of such loss, damage or misuse, recovery at the rate of 5 times the cost of the materials so issued will be deducted from the bills or his other dues. 40. The rates in the tender will be deemed to include cost of all materials including loading, unloading, leads, lifts, taxes, royalties and any other charges whether the materials are issued by the department or arranged from any other sources by the contractor. 41. Machinery if available may be issued at the direction of the Department to the contractor on hire at daily or hourly rates as per statement enclosed subject to condition that the contractor executes in advance an agreement with the Engineer-in-charge as prevailed from time to time 42. The contractor will refund the machinery taken by him for use in work in good and serviceable condition to the issuing store at his own cost. 43 The hire charges will be calculated from the date of issue to the date of return.

A M E N D M E N T S

44. In Rule 7A of P.W.D. Contractor Registration Rules 1967 the following shall be substituted in place of the existing Rule.

RULE - 7-A

Any person desirous of being registered as a Special Class Contractor or "A" Class Contractor under those rule for the first time or any contractor seeking promotion to Special Class or "A" class shall satisfy the registering authority that he has under his employment the minimum Technical Staff as prescribed below.

One Graduate Engineer and two Diploma Holders belonging to the State of Orissa.

'A' Class:

1. One Graduate Engineer or two Diploma Holders belonging to the State of Orissa. The contractor shall pay to the Engineering Personnel monthly emoluments which shall not be less than the emoluments of the personnel of equivalent qualification employed under the State Government of Orissa. The Chief Engineer, Roads, Orissa, may however assist the contractor with names of such unemployed Graduate Engineer and Diploma Holders, if such help is sought for by the Contractor.

2. In the D.T.C.N. the following shall be incorporated as New Clause:

Special Class Contractors shall employ under him one Graduate Engineer and two Diploma Holders belonging to the State of Orissa. Likewise 'A' Class Contractor shall employ under him one Graduate Engineer or two diploma holders belonging to the State of Orissa. The contractor shall pay them emoluments which shall not be less than the emoluments of the personnel of equivalent qualification employed under the State Government of Orissa. The Chief Engineer, Roads, Orissa may however, assist the contractors with names of such unemployed Graduate Engineers and Diploma Holders if such help is sought for by Contractors.

The name of such Engineering personnel appointed by the contractor should be intimated to the tender receiving authority along with each tender as to who will be supervising the work.

Each bill of the Special Class Contractor or 'A' Class Contractors shall be accompanied by an employment roll of the Engineering personnel together with a certificate of the Graduate Engineer or Diploma holder so employed by the contractor to the effect that the work executed as per the bill has been supervised and measured by him.

3. In F-2, lump sum and P.H. Engineering contract Form the following shall be incorporated as a new Clause as 17(c) of F-2 contract from Clause 3(c) of Lump Sum contract form and Clause 19(c) of the P.H. Contract form.

"Special Class Contractor shall employ under him one Graduate Engineer and two Diploma Holder Engineers belonging to the State of Orissa. Likewise 'A' Class Contractor shall employ under him one Graduate Engineer or two Diploma Holders belonging to the State of Orissa. The contractor shall pay to the Engineering Personnel monthly emoluments which shall not be less than the emoluments of the personnel of equivalent qualification employed under the State Government of Orissa. The Chief Engineer, Roads, Orissa may however, assist the contractors with names of such unemployed Graduate Engineers or Diploma holders, if such help is sought for by the contractor. The names of such Engineering personnel appointed by the contractors, should be intimated to the tender receiving authority along with the tender".

45. METHOD OF ISSUE OF MATERIALS (if available with the Department)

(a) (i) M.S. rods, Plates, structural and High Tensile Steel bars if issued will be supplied in legnth and sizes as available in the stock.

For payment of reinforcement the steel including authorised lappages shall be measured in lengths of different diameters as actually used (including hooks and bends) in the work correct to a cm and their weight calculated on the sectional weights/area prescribed by the Indian Standard Specifications. Wastage, spacer bars and unnecessary lappages will not be paid for. Annealed steel wires used for binding shall not be measured, its cost being included in the rate of reinforcement.

(ii) The Contractors will have to bear the charges of straightening, cutting, bending, binding, typing jointing, welding etc. to required sizes without any extra cost to Government No. cut pieces of M.S. Angles M.S. rods, joists etc. less than 1 meter in length will be accepted back as surplus and all this 16

will be contractor's property. Cut pieces of more than 1 metre in length will be returned by the contractor at the issuing store without any conveyance charges.

(b) (i) Cement shall always be issued in bags and the weight of one bag of cement shall be taken as 50 kg.

(ii) Empty cement bags are to be returned in good and serviceable condition on the issuing store at the cost of contractor failing which Rs. 1.50 (Rupees one and fifty paise) only for each empty cement bag will be recovered from the bills of the contractor. c) (i) Bitumen will be supplied in bulk or in standard drums as available.

(ii) All empty bitumen drums should not be returned to the issuing stores and these drums are the property of the contractor for which the cost of each empty drum @ Rs. 50.00 (Rupees fifty only) is to be recovered from the contractor vide Chief Engineer (Roads)'s No. 19121 dated 13.03.1989. d) (i) H.T. Steel be supplied by Department as required, if available in the Department store. The steel will be supplied in lengths as received from the manufacturers.

(ii) The contractor shall within the period stipulated by the Engineer, submit an estimate of his total requirement of steel, Normal requirement of only about a month's works will be supplied in advance Stock piling of H.T. Steel on the work site will not be allowed at any time and specially before and during monsoon.

46. The contractor should at his won cost arrange necessary tools and plant required for efficient execution of work and the rates should be inclusive of the running charges of such plant and cost of consumables.

47 Tenders containing extraneous conditions not covered by tender notice are liable to be rejected. The tender should be strictly in accordance with the items mentioned in the call Notice. Any change in wording will not be accepted.

48. The contractor will be responsible for the loss or damage of any Departmental machinery during transit and in the execution of the work due to any reasons what-so-ever and the cost of such materials will be recovered from the bills at market rates.

49. From the commencement of the works to the completion of the same they are to be under contractor's charge. The contractor is to be held responsible to make good all injuries, damages and repairs occasioned or rendered necessary to the same by fire or other causes and they are to hold Governor of Orissa harmless for any claims for injuries to persons or for structural damages to property happening from any neglect, default, want of proper care or misconduct on the part of the contractor of any one in his employment during the execution of the work. Also no claim shall be, entertained for loss due to earthquake, flood, cyclone, epidemic, rickets, any other calamity whether natural or incidental and damage so caused will have to be made good by the contractor at his own cost. 50. It shall be presumed that the tenderer has satisfied himself as to the nature and location of works, sub-soil strata and local conditions particularly those bearing on transport availability, storages and handling of materials, weather conditions, monsoon conditions, currents in the river and availability of sweet water etc. and has estimated his cost accordingly. Department will bear no responsibility for the lack of acquaintance of those conditions on the part of the tenderer. The consequences of the lack of such knowledge will be at the risk and cost of the tenderer. 51 The information and data shown in the contract documents are meant for general guidance only. The Department will not be responsible for the strict accuracy thereof or for any deduction, interpretation, conclusion drawn there from by the tenderer. 17

52. The Engineer-in-charge has full power to require the removal from the premises of all materials which in his opinion are not in accordance with the specification and in case of default the Engineer is to be at liberty to sell such materials and to employ other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Engineer is also to have full power to require other proper materials to be substituted and in case of default the Engineer may cause the same to be supplied and all cost which may attend such removal and substitution are to be borne by the contractor and may be recovered from the sale proceeds of such rejected materials when necessary, the balance if any, being kept in deposit in the contractor's favour. 53. If in the opinion of the Engineer-in-charge any of the work had been executed with improper materials or defective workmanship the contractor when required by the Engineer forthwith, is to re-execute the same and to substitute proper materials and workmanship and in case of default of the contractor in so doing within a week, the Engineer is to have the full power to employ other persons to re-execute the work and the cost there of shall be borne by the contractor. 54. The Engineer-in-charge or any other officer authorized by the Department is to have at all times access to the works and the works shall be entirely under his control. He may require the contractor to dismiss any person in the contractor's employment for that works who may be incompetent or who may misconduct himself and the contractor shall comply with such requisition. Should the contractor not comply within one week this requisition for dismissal, the Engineer-in-charge will have the power of closing down the work. Provided that if the employee concerned is the Chief Agent of the contractor an appeal may be made by the contractor to the Chief Engineer against the order of dismissal passed by the Engineer within 7 days of the order and the decision of the Chief Engineer on this point shall be final and conclusive. If the Chief Engineer upholds the order of dismissal passed by the Engineer and the contractor does not comply within 3 days from the date of communication of the Chief Engineer's order with the requisition for dismissal the Engineer will have power of closing down the work. When the work is closed down under the above provision the contractor shall have no claim to any compensation from the department either for loss of time, damage of materials, loss of money by wages, hire, interest etc. for any cause. 55. The contractor is not to vary or deviate from the approved drawing or specification or execute any extra work of any kind what-so-ever unless upon the authority of the Engineer-in-charge to be sufficiently shown by an order in writing or a drawing expressly given and signed by him as an extra or variation or by any subsequent written approval signed by him. 56 Any authority given by the Engineer-in-charge for any alterations or additions in or to the work is not to vitiate the contract but additions, omissions, alterations or substitutions made in carrying out the work are to be measured and valued and certified by the Engineer and added to or deducted from the amount of the contract as the case may be at approved rates of the particular item of work. In those cases in which such rates do not exist the chief engineer will fix the rates to be paid. His decision shall be final and binding. 57. All works and materials brought and left at site by contractor or by his orders for the purpose of property of the Government of Orissa and the same are not to be removed or taken away by the contractor or any other person without the special permission in writing of the Engineer-in-charge but the Governor of Orissa will not be liable for any loss or damage which may happen to or in respect of any such. 58. Any defects, shrinkage or other faults which may be noticed within six months from the completion of work arising out of defective or improper materials or workmanship are upon the direction of Engineer-in-charge to be amended and made good by the contractor at his own cost unless the Engineer for reasons to be recorded in writing shall decide that they ought to be paid for and in case of default the cost of making good the work shall be recovered from the contractor. 59. A certificate of the Engineer or an award of the referee hereinafter referred to as the case may be showing final balance due or payable to the contractor is to be conclusive evidence of the works having been duly completed and that the contractor is entitled to receive payment of the final balance but with out prejudice to the liability of the contractor, under the provision of clause.

60. For the purpose of jurisdiction in the event of dispute if any, the contract shall be deemed to have entered into within the state of Orissa and it is agreed that neither party to the contract shall be competent to bring suit in regard to the matter by the contract at any place, out-side the state of Orissa. 61. If at any time after the commencement of the work, the Governor of Orissa shall for any reason what-so-ever not require the whole thereof as specified in the tender to be carried out the Engineer-in-charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation what- so-ever on account of any profit or advantage which he might have derived from execution of the work in full but he did not derive in consequence of the full amount of the work not having been carried out neither shall he have claim for compensation by reason of any alteration having been made in the original specifications, drawings, designs and instruction which shall involve curtailment of the work as original contemplated.

62. USE OF SITE: The contractor shall at his own expenses make all necessary arrangements for land and their reclamation if any where necessary for stores, field office having sweet water supply and similarly arrangements required for his materials and his employees etc., and shall pay direct all charges and taxes to the authorities and owner concerned. The contractor shall have to abide by the regulation of the authorities concerned as well as the direction of Engineer for use of the site of work and should refrain from causing undue obstruction for the normal traffic in the river. 63. The contractor shall take all necessary precautions for the safety of the worker and preserving their health working in such jobs as required special protection and preparation. The following are some of the requirement listed, the same are not exhaustive and the contractor shall augment those precautions on his own where necessary and shall comply with the direction issued by the Engineer-in-charge in this behalf form time to time and at all times. (i) Providing protective foot wear and head wear to workers in situations like mixing and placing of mortar or concrete, in quarries and places where the work is done too much in wet condition. (ii) Providing protective head wear to workers working near equipments, caisson launching etc. to protect them against accidental fall of materials from above. (iii) Taking such normal precautions like providing hand rails at the edges of the floating platforms or cargos allowing rails or metal parts or useless timbers to spread around etc. (iv) Supporting workmen will use proper belts; rope etc. when working in any plants, cranes hoists and dredger sets. (v) Taking necessary steps towards training the workers concerned in the use of machinery before they are allowed to handle it independently and taking all necessary precautions in and around the areas where machines, hoist and similar units are working. (vi) Providing adequate no. of boats for plying on the river during floods if work is under progress to prevent over load and crowding. (vii) Providing life belts to all men working at such situation from where they may accidentally fall into the water and equipping the boats with adequate no. of lifebuoys etc. (viii) Avoiding bare live wires etc. as would electrocute workers. (ix) Making all platforms staging and temporary structure sufficiently strong and not causing the workmen, supervisory staff to take under risk. (x) Providing sufficient first and trained staff and equipment to be available quickly at the work site to render immediate first aid treatment in case of accidents due to suffocation, drowning and injuries. (xi) Taking all necessary precautions with regard to use of diver if necessary. (xii) The workers engaged on risky jobs should be adequately insured. 64. No claim for idle labour etc. on any account will be entertained by the department. 65. Approval of the Chief Engineer on the design method and specifications adopted in the bridge shall not absolve the contractors of his responsibility for the soundness of the structure or the efficiency of its execution. 66. The contractor shall to make and maintain all diversion including lights barriers etc. as directed by the Engineer-in-charge if construction of the bridge disturbs the traffic. 19

67. The tenderers has to arrange launching girder etc. which may be necessary to launch the prestressed rider into position at his won cost. The tenderer should quote their rates taking into account of the launching of the prestressed girder into position at their own cost from casting yard. 68 The clauses of printed form of F-2 contract with latest addition / deletion / corrections substitution etc. will also be binding.

SECTION- 3 FAIR WAGE CLAUSE

The contractor should abide by the "Model rules" and additional Fare Wage Clauses as introduced in Govt. of Orissa, Works Department No. 28842 (5) Dt. 27.09.61 over & above the one enforced in G.O. No. 4-A-VIII- 18/52-25 Dt.26.02.55. They should also abide with any amendment done by the Government from time to time. MODEL RULES 1. APPLICATION - These rules shall apply to all construction works in charges of Orissa Public Works Department which are expected to continue for a year or more. 2. DEFINITION : a) "Workplace" means a place at which at an average fifty or more workers are employed in connection with construction work. b) "Large workplace" means a place at which at an average 500 or more workers are employed in connection with construction work. 3. FIRST AID : a) At every work place there shall be maintained in readily accessible place first - Aid appliances including an adequate supply of sterilized dressing and sterilized cotton wool. The appliances shall be kept in good order and in large work places they shall be placed under the charge of a responsible person who shall be readily available during working hours. b) At large work places where hospital facilities are not available with easy distances of the work, First Aid Posts shall be established and be run by a trained compounder. c) Where large work places are situated in cities or in their suburbs no beds are considered necessary owning to the proximity of site or town hospital as ambulance shall be provided to facilitate removal of urgent case to these hospitals. At these work places some conveyance facilities such as a car shall be kept readily available to take injured persons suddenly taken seriously ill to the nearest hospitals. 4. DRINKING WATER: a) In every workplace there shall be provided and maintained at suitable places easily accessible to labour, a supply of water fit for drinking. b) Where drinking water is obtained from an intermittent public water supply each workplace shall be provided with storage where such drinking water shall be stored. c) Every water supply storage shall be at a distance not less than 50 feet from any latrines, drain or other source of pollution. Where water has to be drained from an existing well which is within such proximity of latrine, drain or any other source of pollution the well shall be properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and water proof. d) A reliable pump shall be fitted to each covered well. The trap door shall be kept locked and opened only for cleaning or inspection which shall be done at least once in a month. e) The temperature of drinking water supplied to worker shall not exceed 90 F.

5. WASHING AND BATHING PLACES: 20

a) Adequate washing and bathing places shall be provided separately for men and women. b) Such places shall be kept in clean and drained condition.

6. SCALE OF ACCOMMODATION IN LATRINES AND URINALS:

a) There shall be provided within the proximity of every workplace latrines and urinals in an accessible place and the accommodation separately for each of them shall not be less than the following scale. b) Where the number of persons employed does not exceed 50 . c) Where the number of persons employed exceeds 50, but does not exceed 100 . d) For every additional 100, (in particular cases the Executive Engineer shall have the power to vary per 100 the scale, where necessary).

7. LATRINES AND URINALS FOR WOMEN: The women are employed, separate latrines and urinals screened from those for men and marked in the vernacular in conspicuous letter "For women only," shall be provided on the scale laid in Rule-6. Thereof men shall be similarly marked "for men only". A poster showing figure of a man and woman shall also be exhibited at the entrance of latrines for each sex. There shall be adequate supply of water close to the urinals and latrines. 8. LATRINES AND URINALS: Except workplace provided with water flushed latrines connected with a water borne sewerage system, all latrines shall be provided with receptacles on dry earthen system which shall be cleared at least four times daily and at twice during working hours and kept on a strictly sanitary condition. The receptacles shall be tarred inside and outside at least once a year. 9. CONSTRUCTION OF LATRINES: The inside wall be constructed of masonry or some suitable heat resisting nonabsorbent materials and shall be cement washed inside and outside at least once a year. The date of cement washing shall be noted in a register maintained for this purpose and kept available. 10. DISPOSAL OF EXCRETA: Unless otherwise arranged for by the local sanitary authority arrangements for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by Assistant Director of Public Health or Municipal Medical Officer of Health as the case may be in whose jurisdiction the workplace is situated. (Alternatively excreta may be disposed of by putting a layer of night soil at the bottom of pucca tank purpose and covering its with a 6" layer of waste or refuse and other covering it up with a layer of earth for a fortnight when it will turn into manure). 11. PROVISION OF SHELTERS DURING REST: At every workplace there shall be provided free of cost two suitable sheds one for meals and the other for rest for the use of labour. The height of the shelter shall not be less than 11 feet from the floor level to the lowest part of roof. 12. CRECHE: At every workplace at which more than 50 women workers are employed there shall be provided only one hut for the use of children under the age of 6 years belonging to such women and shall be used for infants’ games and play and their bed room. The hut shall not be constructed to a lower standard than the following – a) Thatched roofs b) Mud floors and walls. c) Planks spread over the mud floor covered with matting. The hut shall be provided with suitable and sufficient opening for light and ventilation. There shall be adequate provision of sweeper to keep the places clean. There shall be two Dais in attendance. Sanitary utensils shall be provided to the satisfaction of the Health officer of the area concerned. The use of the hut shall be restricted to children, their attendants and mothers of the children.

d) Where the number of women workers is more than 50 the contractor shall provide hut and one Dai to look after the children of women workers. e) The size of create shall vary according to the number of women workers. f) Crèches shall be properly maintained and necessary equipment like toys etc. shall be provided.

ADDITIONAL CLAUSES TO BE INCLUDED IN THE FAIR WAGE CLAUSES INTRODUCED IN G.O. NO. 4A-VII-R-18/52-25 DATED 26.02.1955.

Clause (G) Under the provisions of the Minimum Wages Act 1948 and the Minimum Wages (Central) Rules 1950 the Contractor is bound to allow or cause to be allowed to labourers directly or indirectly employed in the works one day rest of six days continuous work and pay wages at the same rates as for duty. In the event of default, Executive Engineer or Assistant Engineer concerned shall have the right to deduct the sum or sums not paid on account of wages for weekly holiday to any labourers and pay the same to the persons entitled there to from any payment due to the contractor.

Clause (H) The contractor shall at his own expenses provide or arrange for the provisions of foot wear for any labourers doing cement mixing work and black topping of roads (The contractor has undertaken to execute under this contract to the satisfaction of the Engineer-in-charge and on his failure to do so, Government shall be entitled to provide the same and recover the cost from the contractor). Clause (I) The contractor shall submit by the 4th & 19th of every month to the Engineer-in-charge a true statement showing in respect of the second half of the preceding month and the first half 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 during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (5) the number of female workers who have been allowed maternity benefit according to clause (k) and the amount paid to them failing which the contractor shall be liable to pay to Government a sum not exceeding Rs. 50/- only per 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 (J) In respect of all labour directly or indirectly employed in the works for the performance of contractor's part of this agreement, the contractor shall comply with or cause to be complied with all the rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Orissa Public Works Department and its contractors. This will apply to work places having 50 or more workers. Clause (K) Maternity Benefit Rules for female workers employed by contractor. Leave and pay during leaves shall be regulated as follows – 1. Leave a) In case of delivery : Maternity leave up to 8 weeks, 4 weeks up to and including the day of delivery and 4 weeks following that day. b) In case of miscarriage: Up to 3 weeks from the date of miscarriage. 2. Pay a) In case of Delivery - Leave pay during maternity leave will be at the rate of the woman's average daily earning calculated on the total wages earned on the days when full time work was done during a period of 3 months immediately proceeding the date of which she gives notice that she expects to be confined or at the rate of day which ever is greater. b) In case of Miscarriage: Leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work was done during a period of such miscarriage. 22

3. Conditions for the grant of maternity leave - No maternity leave benefit shall be admissible to women unless she has been employed for a total period not less than three month immediately proceeding the date of which she proceeds on leave. This will apply only to work places which may continue a year or more.

4. CONDITIONS FOR WORKING & SECURITY:

a) Definition: Restricted area (s) for the purpose of the contract means the areas(s) declared as such by the Government and shown in the site plan. b) Secrecy: The contractor shall take all steps necessary to ensure that all persons employed on any work in connection with the contract have noticed that the Indian Official Secrets Act. 1923 (XIV of 1923) applies to them and will continue so to apply even after the execution of such works under contract. c) Contractor Documents: The contract is confidential and must be strictly confined to the contractor's use (except so far as confidential disclosure to sub-contractors or suppliers is necessary) and to the purpose of the contract. d) All documents, copies thereof and extracts there from furnished to the contractor shall be returned to the Executive Engineer, NH Division, Sunabeda on completion of the works or the earlier termination of contract. e) Admission to site: The contractor will not be permitted entry other than for inspection purpose or take possession of the site until instructed to do so by Executive Engineer, NH Division, Sunabeda. The portions of the site to be occupied by the contractor will be clearly defined and/or marked on the site plan and the contractor will on no account be allowed to extend his operations beyond these areas. f) The Superintending Engineer,NH Circle(South), Bhubaneswar reserves the right of taking over at any time any portion of the site which they may require and the contractor shall at his own expense clear such portion forthwith. No photographs of the site or the works or any part thereof shall be taken, published or otherwise circulated without the prior written approval of the Department/ Superintending Engineer, NH Circle(South), Bhubaneswar. g) Any construction officials connected with the contract shall have right to entry to this at all time. h) The authorities shall have the power to exclude form the site any persons whose admission there to May, in their opinion be undesirable for any reasons what-so-ever. The contractor shall not be allowed any compensation on this account. i) The contractor's agents, representatives, workmen etc. and his materials, carts, trucks or other means of transport etc. will be allowed to enter through and leave from only such gate or gates and at such time as the authorities in-charge of the restricted area may at their sole discretion permit to be used. Contractor's authorised representative is required to be present at the place of entry and exist for purpose of identifying his carts, trucks etc. to the personnel in charge of the security of the restricted area. 5. Identify Card Passes: The contractor, his agents and representatives are required individually to be in possession of an identity card or pass duly signed by the concerned authorities. The identity cards and passes will be examined by the security staff at the time of entry into or exist form the restricted area and also at any time or any number of times inside the restricted area. The contractor shall be responsible for the conduct and action of his workmen, agents or representatives. 6. Search: Thorough search of all persons and transport shall be carried out at each gate for as many times as the gate is used for entry or exit and may be carried out at any time or any number of times at the work site within the restricted area. 7. Access to Restricted Area after Completion of Work: After the works are completed and the surplus stores etc. removed the contractor, his agents, representatives or workmen etc. may not be allowed any access to the restricted area except for attending to any restoration of defects pointed out to him by concerned authorities. 23

8. Fire Precautions: The Contractor, his agents, representative, workers etc. shall strictly observe the orders pertaining to fire precautions, prevailing within the restricted area.

SECTION -4 SPECIAL CONDITIONS

1. Care should be taken to interfere as little as possible with traffic. The contractor shall use all due precautions for the safety of traffic and shall place barriers across each end of the length of the road which is being worked upon. Watchmen shall be employed and bright red lights placed and maintained around the obstacle and elsewhere as the Engineer-in-charge may direct. All diversion signs shall be clearly marked by white washed stones or any other means, when traffic is allowed along the shoulders. Barricades and warning signs shall be put up as directed by the Engineer-in-charge. These measures shall be at no extra cost of Government. 2. Earth work will be done as per specification of I.R.C. and as directed by Engineer-in-charge from time to time. Measurement of earth work in road embankment will be done by section measurement, after it is compacted to the desired degree as per departmental directions. 3. Wherever possible, temporary land may be made available to the contractor for obtaining earth and in all such cases the depth of pits in borrow areas should be as per earth work specification attached to the D.T.C.N. Wherever the depth of pits exceeds the permissible limits, the contractors is liable to pay compensation as may be required to be paid to the land owners. The contractor must make his own arrangements for carriage of earth work at his own cost. No payment will be made for jungle clearance and for making a road or footpath or temporary bridges etc. wherever required for earth from the borrow areas. The contractor shall, if required, also arrange to obtain and carry earth from other sources at his own cost without any extra expenditure to the department. Borrow pit materials shall not be used unless it has been tested and approved by the Engineer-in-charge. No claims will be entertained on grounds of non-availability of temporary land or non-availability of adequate quantity of earth. 4. No claim will be entertained due to any delays involved in land acquisition required for the work. It shall be construed that the contractor has thoroughly acquainted himself about the situational condition before tendering for the work and after having fully satisfied himself about the site condition and after going through the stipulation of proceeding paragraph of the special conditions of D.T.C.N. has quoted his rates. Thus his quoted rates could be deemed to cover any and all distance and situations of the source of soil and also any and all modes of transport either by manual or mechanical means not withstanding the fact that the concerned estimate or tender or schedule of rate for the matter does not envisage such provision. 5. No claim will be entertained due to any delays involved in land acquisition required for the execution of the work. However, suitable extension of time may be given on the recommendation of the Engineer--in-charge. 6. The quantity of metal, gravel or moorum, sand, chips etc. should confirm to the specification attached. The stocks of road metal and gravel or moorum will be measured in boxes to be provided by contractor size 1.5 m x 1.5m x 0.5m which will be taken as 1.0 cum. and of chips 1.5 x 1.5m x 0.47m equivalent to 1.0m. 7. The soling stones and other stones will be measured in suitable stacks as per direction of the Engineer-in- charge and deduction for voids at the rate of 1/6th of volume or more will be made from the total measurement depending upon the looseness of stacking. 8. A quarry chart as may be available may be seen in the office of the Executive Engineer. The contractor must however, satisfy himself that materials as per required specification and quantity are available in those quarries, No extra payment will be made due to non-availability of materials as per required specification and quantity in the quarries shown in the departmental quarry chart. The quarry chart is only information and the department does not accept the responsibility, if the materials are not available in full quantity and quality. 24

9. Earth work, moorum consolidation, soling, metalling and bituminous constructions will be done as per specification attached. 10. Any other new item to be executed will be done as directed by the Engineer-in-charge. Bridge and culvert construction will be done as per specification attached. 11. For all purposes of payment, earth work excavation in foundation shall mean earth work excavation below the natural ground level. The natural level in nallahs, streams, rivers or any drainage channel shall mean bed level at the site of construction. 12. The form work used shall be made of steel or unless specifically permitted by the Engineer in which case the form work shall be with seasoned salwood planks and bullahs with lining of steel sheet inside and made water tight and shall be made sufficiently rigid by the use of ties and bracing to prevent displacement or sagging between supports and to withstand all pressure, ramming and vibration, without deflection from the prescribed lines occurring during and after placing of the concrete. The contractor has to submit to the department full working plan of the centering and shuttering to the bridge prior to execution. it is to be further noted that in the event of collapse of false work and staging, the contractor is liable to be blacklisted apart from other penalties according to the terms of contract and law. 13. Form works shall be so constructed as to be removed in sections in the desired sequence without damaging the surface and holes refilled with concrete. 14. Bolts and rods for internal ties of the form work shall not remain projected beyond the concrete surface when the form works re-removed. These shall be cut to a depth of 25mm (1") from the exposed surface and holes refilled with concrete. 15. When oil is used for coating the inside of the forms, it shall be non staining and applied before the reinforcement is placed. All savings, chips, debris and dust must be cleaned out of the forms immediately before placing the concrete. Care shall be taken to prevent reinforcement from coming in contact with the oil coating. 16. Centering shall be gradually and uniformly lowered in such a manner as to avoid any shock or vibration or injurious stress in any part of structure. 17. Immediately after removal of the form work, the concrete shall be carefully inspected. Any defects shall be made good as soon as practicable. 18. Concrete should be machine-mixed unless otherwise ordered in writing by the Engineer-in-charge. 19. The depth of foundation indicated on the drawing are provisional but these may be altered if necessary in the light of the nature of strata indicated by boring or sub-soil exploration which must be taken in advance of the actual execution of the foundation. 20. (a) Concrete test specimens whether plain or reinforced concrete for work if desired by the Engineer-in-charge shall be taken by the contractor in the presence of responsible officer of the rank not lower than that of an Assistant Engineer or Sub-Divisional Officer. (b) Specimen shall be formed carefully in accordance with the standard methods and no plea shall be entertained later on the grounds that the casting of test specimen was faulty and that the result of test specimen did not give a correct indication of the actual quality of concrete. 21. The standard of acceptance of the cube strength of concrete shall be as per standard specification and code of practice for Bridges Code I.R.C. 24-1972. 22. Sinking of wells is measured from low water level or bottom of well cap or the river bed or the level of the cutting edge originally placed to the bottom of cutting edge, which ever is less. The decision of Engineer-in- charge as to the level of the low water level shall be binding and final and conclusive on all parties concerned. 23. All methods of sinking including sinking by employment of divers and other equipment shall be included in the rate of sinking through all kinds of soil. Removal of any trees, logs of trees or isolated boulders etc., shall also be included within the rate of sinking. 24. When resorts has to be made to pneumatic sinking, the necessity for the same and rates there of shall be decided by the authority accepting the tender. The written order of the Engineer-in-charge should be obtained before starting pneumatic sinking.

25. Construction of coffer dam or the works of open excavation or dressing required for laying well curb shall be included in the rate of well sinking. 26. For concreting the bottom plugs of wells under water the method of pouring concrete should be either with tremie baskets or boxes or bags as will be directed by the Engineer-in-charge. 27. No claims will be entertained in respect of difficulties due to sand blowing etc. met with during sinking of wells. 28. Concrete should be machine mixed unless otherwise ordered in writing by the Engineer-in-charge. Only controlled concrete will be strictly determined by weight and not by volume. The contractor shall furnish to the Engineer-in-charge the mix design for each class of concrete and should get it approved by him before actual execution. The decision of the Engineer-in-charge in respect of any variation or conflict of opinion shall be final, binding and conclusive on all parties concerned. The contractor should conduct all tests necessary and provide all machineries there of as may be required by the Engineer-in-charge. 29. COARSE AGRREGATE - Only crusher broken aggregates will be used. The aggregate shall consist of clean hard, strong, dense, nonporous, durable pieces of granite. They shall not contain any pieces of disintegrated stone, soft, flaky, elongated particles, salt, alkali, vegetable matter or other deleterious materials so as to reduce the strength or durability of the concrete or to attack the steel reinforcement. It shall comply with I.S. 383-1970. For R.C.C. and prestressed concrete work, the maximum size of the coarse aggregated and grading will be as decided by the Engineer-in-charge. 30. FINE AGGREGATE - This shall consist of hard strong durable cubical clean particles of natural sand. They shall not contain dust lumps soft or flaky particles, mica and other deleterious materials so as to reduce the strength or durability of concrete or to attack the reinforcement. Fine aggregate shall conform to I.S. 283- 1970. 31. WATER : The water used in concrete and mortar and for curing and for washing any of ingredients of surface coming in contact with mortar or concrete shall be sweet potable water, clean and free form earth, vegetable salt, organic matter, acids and alkaline substances in solution or in suspension. The water used shall be that approved by the Engineer-in-charge. 32. All materials to be used on work such as cement, sand, coarse aggregate, reinforcement etc. shall comply with the requirements of the Engineer-in-charge and shall satisfy the test of analysis required by him or as specified by the I.R.C. standard specification or in the absence of such authorised specification, such tests and analysis as may be specified by the Engineer-in-charge. Collection of samples for the tests and conducting all these tests at such places as directed by the Engineer-in-charge will be at the cost of the contractor. 33. Collection of materials should be so planned that it is commensurate with the physical progress to the time schedule. 34. Bitumen to be used for the work shall be heated in boilers only and not open fire. Spraying of bitumen wherever necessary should be done only with the mechanical sprayer and premixing of bitumen and stone aggregate should be done only in proper mechanical mixer / hot mix plant. 35. The materials to be used in the work should conform to the stipulated physical requirement and other property. 36. During the course of execution, the traffics should be regulated in accordance with guidelines laid down vide Ministry letter No. III-33(126)/72 dt. 20.03.73.

NEW CLAUSE:

"The rates for earth work and concrete items wherever dewatering is imperatively necessary the term dewatering shall mean the execution or operation of the items due to standing water as well as due to percolation of water. The quoted rates will be inclusive of this”

SECTION – 5 CONDITIONS FOR ISSUE OF PLANT AND MACHINERY TO CONTRACTORS ON HIRE.

1. The contractors must have adequate plant and machinery of their own for the work. The department shall not take any responsibility to supply of plant and machineries to the contractor. No claims on account of non- supply of plant and machinery by the Department shall be entertained and no extension of time on this ground be entertained. If at any time the contractor desires, through a written application to avail the plant and machineries of the department, those can only be spared if available with the department. He has to utilize the same at two times of the prevailing hire and running charges of the Department enclosed with this D.T.C.N. 2. An agreement shall be entered into by the contractor to the effect that these hire charges are recoverable from the bill of the contractor regularly and the final payment for the work including the refund of security deposit will not be made until the total amount due to Government on account of hire of machinery etc. is recoverable in full. Full amount of hire charges due from the contractor at any time shall be recovered from his next subsequent bill. 3. All transit and incidental charges in connection with the dispatch of tools and plant and machinery from work shop shed/deposit return there to will be borne by the contractor. 4. The hire charges shall be recovered at the prescribed rates from and inclusive of date the plant machinery is made over up to and inclusive of the date of its return even though the same day may not have utilized for any reasons except for a major break down which may take more than 72 hours for repairs. The contractor shall immediately intimate in writing to the Engineer-in-charge when any plant or machinery gets out of order requiring major repairs. 5. The hire charges are for clock hours. In case of tar boilers, hot mix plant and any other machinery similar preparation the working hours will including the time required to make up the boiler temperature and bringing plant to the operating conditions before the actual start of work. 6. The machine will work in shifts of 8 hours each. Extra charges towards over time wages of any of the operating and maintenance staff will be livable. These charges will be fixed by the Engineer-in-charge from time to time. In no case the tools and plants shall be operated beyond 8 hours in any shift without prior written permission of the Engineer-in-charge. 7. The contractor shall release the plant and machinery as and when required for periodical servicing and maintenance. He shall also provide for any labour and water source for washing the plants,. In case of concrete mixers, pavers and similar such equipments, the contractor shall arrange to get hopper cleaned and the drums etc. washed at the close of work each day. 8. The plant and machinery once issued to a contractor shall not be returned by him on account of lack of arrangement of labour and materials etc. on his part. The same will be returned only when they require major repair, or when in the opinion of the Engineer-in-charge the work or a portion of work for the same was issued is completed. 9. The tools and plant shall, while in transit and in the custody of contractor be at his sole risk and responsibility for damage and/or loss except their wear and tear. The damage or loss as assessed by Engineer-in-charge shall be made good by the contractor. In the event of a disagreement as to the extent of damage or the value of articles lost, the decision of the Superintending Engineer shall be final. The contractor shall on or before the supply of the plant and machinery sign an agreement in indemnifying the Government against loss or damage to the machine. The contractor shall also be responsible for any claim for compensation for loss of life, injury or damage to property etc. arising from any cause what-so-ever. The contractor shall provide full time choukidar for guarding the plant and machinery at site. 10. If the articles are not returned within the date originally specified or extended by the Engineer-in- charge in addition to the normal hire charge a surcharge equal to 10% of the hire charge will be levied for the period that the machinery is not returned. Such period will be treated as working time and charged as working time. 11. In the event of the non-return of machinery, the full value of the articles at the current market price will be recovered from the contractor's outstanding bills or any bills that may become due in respect of his other 27

works under the State Public Works Department. The decision of the Superintending Engineer shall be final in case of dispute. 12. Formal agreement: The contractor shall, before taking the possession of the machinery enter into an agreement with the Engineer-in-charge or his nominee in the form attached. 13. Log books for recording the hours of daily work for each of the plant and machinery supplied to the contractor will be maintained by the Department and will be attested by the contractor or his authorised agent daily. In case the contractor contests the correctness of the entries and/or fails to sign the log book, the decision of the Engineer-in-charge shall be final and binding on him. Hire charge will be calculated according to the entries in the log book and will be binding on the contractor.

AGREEMENT FOR LOANS OF GOVERNMENT TOOLS & PLANTS

This agreement made the ...... of the two thousand ...... between the contractor (hereinafter referred to as "the hirer" which expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and assigns) of the one part and the Government of Orissa (hereinafter referred to as the Governor which expression shall unless excluded by or repugnant to the context include his successors in office as assigns) of the other part. Whereas the hirer is desirous of hiring the tools and plant of the Public Works Department of the Orissa Government and more particularly specified in the schedule here under between hereinafter referred to as "the tools and plant." And whereas Government has agreed to let in hire the tools and plant to the hirer on the terms and conditions hereinafter mentioned. Now it is hereby agreed by and between the parties hereto as follows: (1) In consideration of the agreement that hire charges be recovered from their bills for works executed on which this machinery will be used or any other than standing in the names of contractors in the book of the Department or any other Government Department, the Government agrees to let the hirer tools and plant for period of ...... to be computed from the date of delivery of the tools and plant to the hirer at the Public Works Department workshop at ...... (2) The rate of hire charge will be as mentioned in the schedule attached. (3) The hirer shall not transfer, assign or sublet or in any way part with the tools and the plant or any part thereof without the previous written approval of the Engineer-in-charge. (4) On the expiry of the period of the hire, the hirer shall return the tools and plant to the Public Works Department & workshop/store ...... in the same good condition in which they were received by him. (5) In the event of the tools and the plant not being returned on the expiry of the above mentioned period, the hirer shall without prejudice and any other liability pay to the Government on account equivalent to the rate of hire specified for the working period and an increase of ten percent. (6) The tools and plant shall be opened for inspection at all times to the officer of the Government. (7) The hirer shall not operate the tools and plant so hired for more than one shift/two shifts of 8 hours each per day without the prior sanction of the Engineer-in-charge. If the hirer operates the tools and plant beyond the aforesaid limit with the prior sanction of the Assistant Engineer, he shall pay to Government additional hire charges as well as over time charges for staff for such excess operation at the rate approved by the Engineer- in-charge from time to time. (8) In case of break down, repairable at the site within a period of three days, hire charges specified in the schedule will be levied except in the case of major repairs. (9) Normally the tools and plant will be supplied with operating staff. (10) The hirer shall be responsible for any claim for compensation for loss of life, injury or damage to property etc. arising due to any cause what-so-ever during the period the machinery is in his charge. (11) All municipal or other dues and taxes payable on account of the use or operation of the tools and plant for the period of hire shall be defrayed by the hirer.

(12) The hirer shall make good any loss or damage arising out of cases other than fair wear and tear to the tools and the plant during the period of hire. The cost recoverable from the hirer shall be the full replacement value as determined by the Engineer-in-charge, in the event of any loss or damage not being made good by the hirer to the satisfaction of the said Engineer-in-charge the officer shall be at liberty to make good himself such loss or damage and recover the cost there of from the hirer. The hirer shall pay to the said Engineer-in-charge on demand such an amount as shall be necessary to make good the loss or damage failing which the same will be recovered from his dues as in case of hire charges. (13) On the breach of any term or condition of this agreement by the hirer the Engineer-in-charge shall be entitled to demand the return of the tools and the hirer shall return the tools and plant within 72 hours from the date of receipt of such order in writing. In case of failure on the part of the hirer to comply with such under he shall be liable to pay such penalty as may be imposed by the Engineer-in-charge for period the tools and plant are detained provided that the maximum penalty shall not exceed the cost of replacement of the tools and plant. (14) In the case of any dispute between the hirer and the Government the decision of the Superintending Engineer shall be final. (15) In case any question, dispute or difference shall arise between the Engineer-in-charge and the hirer as to what additions if any ought in fairness, to be made the amount of the hire by reason of breakdown of the machinery, shut down of the work due to reasons beyond the control of hirer though on fault of the hirer also so due to the increase in quantities of the work beyond that included in the contract or due to any other matter or thing arising under or out of this contract except as to the matters left to the sole decision or requisition of the Engineer-in-charge under the clause in the contract then such question, dispute difference should be referred to the arbitration and decision of arbitrator so be shown by both the parties to the contract. The award of such arbitrator shall be equivalent to a final decision of the matter. (16) This agreement shall be operated by the Engineer-in-charge on behalf of the Government and the term Engineer-in-charge shall include all officers duly authorised by him to exercise powers on his behalf. THE SCHEDULE

Serial Description and name Amount of hire per No Remarks No. of the articles hour

In witness whereof the hirer and the Engineer-in-charge has for and on behalf of the Governor of the State have set their respective hand the day and the year hereinabove written.

NEW CLAUSE FOR SPECIAL CONDITION

In case of all lump sum contracts and items rate contract exceeding Rs. 50.00 lakhs each tenderers who intend to furnish "Special conditions" if any, should furnish their tenders in two separate sealed enveloped containing "Special Conditions" (i.e. technical bid and conditions) and the other Rates for different items of work, in the prescribed schedule supplied by the Department. The envelop containing "Special Conditions" will be opened first in the presence of tenderers or their authorised agents and will be evaluated after obtaining clarification, if any from the concerned tenderers. In case any of the "Special Conditions" is not acceptable to the tender accepting authority wholly or partly, the sealed envelop containing "Rate" of the concerned tenderers will not be opened. All sealed envelops containing "Rates" will be closed in a separate cover and sealed by the officer opening tenders in the presence of the tenderers or their authorised agents. After evaluation of the "Special Conditions" the date, time and place for opening the sealed envelops containing "Rates" will be notified to the tenderers. The sealed envelopes will be opened in the presence of the tenderers or their authorised agents. The "Rates" quoted by each tenderer will then be read out in addition to the amount evaluated for each tender on account of "Special Condition" attached to the respective tenders.

SECTION-6 PAYMENT FOR VARIATION IN PRICES (Works Department Memorandum No. 10273/W dated 07-04-1986, 8310 dated 17.05.2006 and 5608 dated 03.04.2007)

A. - i. If during the progress of the work the price of any materials (Excluding the cost of steel cement and bitumen) incorporated in the work (not being materials supplied from the Engineer-in-charge's store) in accordance with clause there of increases or decreases as a result of increase or decrease in the Average wholesale price Index (all commodities), and the contractor there upon necessarily and properly pays in respect of that materials incorporated in the work such increased or decreased price, then he shall be entitled to reimbursement or liable to refund, quarterly as the case may be, such an amount, as shall be equivalent to the plus or minus difference of 75% in between the Average Wholesale price Index (all commodities) which is operating for the quarter under consideration and that operated for the quarter in which the tender was opened as per the formula indicated below provided that the work has been carried out within the stipulated time or extension thereof as are not attributable to him. Formula to calculate the increase or decrease in the price of materials:

VM = 0.75 x (Pm/100) x R x [(i-io)/io] VM = Increase or decrease in the cost of work during the quarter under consideration due to change in the price of materials. R = The value of work done in Rupees during the quarter under consideration. io = The Average Wholesale price Index (all commodities) for the quarter in which the tender was opened (as published in R.B.I. bulletin from time to time). i = The Average Wholesale price Index (all commodities) for the quarter under consideration. Pm = Percentage of material component as per sub-clause of this clause.

ii. Where original contract period is one year and above. Increase/ decrease of cost of Steel, Cement & Bitumen are to be paid, recovered. Payments in case of increase are to be made with prior approval of Government when the total claim is more than Rs.50,000/- and with prior approval of the EIC / Chief Engineer (as the case may be) when the claim is up to Rs.50,000/- Recovery in case of decrease shall be made by concerned Executive Engineer from the Contractor, immediately. The cost shall be determined as follows:. 1. Steel ------Rate as fixed by SAIL. 2. Cement ------Average Factory price of three manufactures of cement inside the state. 3. Bitumen. ------Rate as fixed by Indian Oil Corporation( IOC)

iii. Where original period of contract is more than six months & below one year increase/ decrease of cost of Steel, Cement & Bitumen are to be paid recovered. Payments in case of increase are to be made with prior approval of Government when the total claim is more than Rs.50,000/- and with prior approval of the EIC / Chief Engineer (as the case may be) when the claim is up to Rs.50,000/- subject to the fulfillment of the conditions mentioned below” iv. Cost shall be determined as follows. a) Steel ------Rate as fixed by SAIL. b) Cement ------Average Factory price of three manufactures of cement inside the state. c) Bitumen. ------Rate as fixed by Indian Oil Corporation (IOC) v. Cost of the project should be more than Rs.50.00lakhs. However, the differential cost on such materials may be paid to the contractors after deducting the hike percentage amount in the tender for those materials from the calculated amount of differential cost.

vi. Contractors have to submit the vouchers showing procurement from an authorized dealer for the said work within 28 days before utilization of steel, cement & bitumen. vii. Differential cost will be allowed only for the original agreement period, but not for the extended period even though it might have been validity extended viii. Differential cost will be allowed only after successful completion of the work as per the approved work programme ix. Stipulations contained in existing clause 31 (f) Recovery in case of decreases shall be made by concerned executive Engineer from the contractor, immediately. (b) Similarly if during the progress of work, the wages of labour increases or decreases as a result of increase or decrease in the Average Consumer's Price Index for Industrial Workers (Wholesale price) and the Contractor there upon necessarily and properly pays in respect of labour engaged on execution of the work such increased or decreased wages then he shall be entitled to reimbursement or liable to refund quarterly as the case may be, such an amount as to be equivalent to the plus or minus difference of 75% in between the Average Consumer’s Price Index for industrial workers (wholesale price) which is operating for the quarter under consideration and that operated for the quarter in which the tender was opened, as per the formula indicated below. Formula to calculate the increase or decrease in the cost of labour: VL = 0.75 x (PL/100) x R [(i-io)/io]

VL = Increase or decrease in the cost of work during the quarter under consideration due to change in the rates of labour.

R = The value of the work done in Rupees during the quarter under consideration.

io = The Average consumer’s Price Index for industrial Workers (wholesale price) for the quarter in which tender was opened (as published in R.B.I. bulletin from time to time).

i = The Average Consumer's Price Index for Industrial workers (wholesale price) for the quarter under consideration.

PL = Percentage of labour component (as per sub-clause of this clause).

(c) Similarly, if during the progress of work, the prices of petrol, Oil and Lubricants (diesel) being the representative item for price adjustment increases or decreases as a result of the price fixed there of by the Government of India and the Contractor thereupon necessarily and properly pays such increased or decreased price towards petrol, oil and lubricants used in the execution of the work, then he shall be entitled to reimbursement or liable to refund, quarterly, as the case may be such an amount as shall be equivalent to the plus or minus difference in between the price of P.O.L,., which is operating for the quarter under consideration and that operated for the quarter in which the tender was opened, as per the formula indicated below. Formula to calculate the increase or decrease in the price of P.O.L. K1 = (0.75 x K2)/ 100 x R [(D2-D1)/ D1] K1 = Increase or decrease in the cost of work during the quarter under consideration due to changes in the price of P.O.L. R = The value of work done in Rupees during the quarter under consideration. D1 = Average price per liter of diesel oil which was fixed by the Government of India during the quarter in which the tender was opened. D2 = Average price per liter of diesel oil which is fixed during the quarter under consideration. K2 = Percentage of P.O.L. component as per sub-clause of this Clause. (d) Percentage of material, labour and P.O.L. component for reimbursement/ refund on variation in price of material, labour and P.O.L.

Category of supply Contractor’s supply in % Departmental Irrigation works Materials Labour POL supply in % (a) Structural work 20 30 5 45 (b) Earth work, Canal work 20 60 5 15 Embankment work etc. Road and Building works (a) Bridge works 20 30 5 45 (b) Road works 45 40 5 10 (c) Building work 30 30 5 35

(* Where brick is supplied by the Department, it should be 20% instead of 30%)

(e) The reimbursement/ refund on variation in price of materials {except steel, cement & bitumen which will be governed as per clause-31 (a-ii) & (a -iii)} labour and P.O.L. as per sub clauses (a-i), (b) and (c) respectively of this clause-31 shall be applicable in the following manner: In terms of the aforesaid escalation clause, where the period for completion of the work as stipulated in the agreement is less than one year, no escalation is admissible. In case of work where the stipulated period of completion is one year and more, escalation on account of price variation would be admissible only for the remaining period after excluding the first one year period thereof provided the work has been carried out by the contractor in terms of the relevant provision of the agreement. In the situation, where the period of completion is initially stipulated in the agreement is less than one year and subsequently the completion period has been validity extended on the ground that the delay in completion of the work is not attributable to the contractor and in the result the total period including the extended period stands at one year or more, escalation is admissible only for the remaining period after excluding the first one year period there from.

(f) The contractor shall for the purpose of sub-clause (a), (b) and (c) of this clause keep such books of account and other documents as are necessary to show that the amount of increase claimed or reduction available and shall allow inspection of the same by a duly authorized representative of Government and further, shall at the request of the Engineer-in-charge furnish, verified in such a manner as the Engineer-in-charge may require any document kept and such other information as the Engineer-in-charge may require. The contractor shall within a reasonable time of his becoming aware of any alteration in the price of such material, wages of labour and/or price of P.O.L. give notice thereof to the Engineer-in-charge stating that the same is given pursuant to this condition together with an information relating there to which he may be in a position to supply. Recovery in case of decrease shall be made by concerned executive Engineer from the contractor, immediately.

(g) The work "Average consumers price index for industrial workers whole sale price" shall be replaced by "Cost of minimum wages". As per work Department Letter No. Dt. 27.11.92 in clause (b) above.

SECTION –7 OTHER INFORMATIONS

1. It shall be presumed that the tenderer has satisfied himself as to the nature and location of works, boring data, general and local conditions, particularly these bearing on transport availability, storage and handling of materials, weather conditions, monsoon conditions and current in the river, availability of sweet water etc. and has established his costs accordingly. Department will bear no responsibility for the lack of acquaintance of these conditions on the part of the tenderer. The consequence of the lack of such knowledge will be at the risk and cost of the tenderer. 2. The information and data shown in the contract documents are meant for general guidance only. The department will not be responsible for the strict accuracy thereof or for any deduction, interpretation or conclusion drawn there from by the tenderer. 3. Preparation of working plans and detailed design depend upon the strength promoter and subsoil exploration, it is the responsibility of the contractor to submit the same, wherever necessary to the Chief Engineer, N.Hs. (Orissa), for finalization of design and drawing in time. No work shall be started unless approval of the Chief Engineer, N.Hs. (Orissa), Bhubaneswar is obtained. 4. After approval of the Chief Engineer, N.Hs. Orissa, 10 copies of the approved working drawings and detailed designs shall be submitted to the Chief Engineer, N.Hs. (Orissa), Bhubaneswar for distribution to the field Engineers and for record. The contractor shall not claim any extra payment for the same. The non- procurement of the approval of the Chief Engineer, National Highways, Orissa, to these working drawings and detailed designs will be entirely at the risk and cost of the contractor. Any delay in the approval of the design and drawings for reasons what-so-ever on any circumstances not withstanding the fact that the designs will be the complete responsibility of the contractor. The Chief Engineer, N.Hs. Orissa may direct the contractor any addition, alternation, modification etc. in design and specification which the contractor has to carry out at his own cost. 5. The contractor shall submit within the time stipulated by the Engineer-in-charge the details of actual methods that would be adopted by the contractor for the execution of each item at each of the locations supported by necessary detailed drawings and sketches including those of the plant and machinery that would be used, their locations, arrangements for conveying and handling materials etc. and obtain prior approval of the Engineer- in-charge, who reserves the rights to suggest modifications or make complete change in methods proposed by the contractor whether accepted previously or not at any stage of the work to obtain the desired accuracy, quality and progress of work which shall be final and binding on the contractor.

6. ERROR, OMMISSIONS AND DISCREPANCIIES

(a) In case of errors, omission and disagreement between written and scaled dimensions on the drawing or between the drawings and specifications, of the following orders of preference shall applies. (b) Between the actual scaled and written dimension or description on drawing the later shall be adopted. (c) Between the written and shown description or dimension in the drawing and the corresponding one i.e. the specifications the later shall apply. (d) In all cases of omissions or doubts, discrepancies with the dimensions or description of any items reference shall be made to the Engineer-in-charge whose elucidation, elaboration or decision shall be considered as authentic. The contractor shall be held responsible for any errors that may occur in the work through lack of such reference and precautions. 7. ASSISTANCE IN PROCUREMENT OF PRIORITIES PERMITS IMPORTS LICENCES EXCHANGES FACILITIES ETC. The Engineer on request by the contractor will, if in his opinion the requests are reasonable and in the interest of the work and its progress may assist the contractor in shape of issuing essential certificate for importing H.T. steel and accessories and necessary plant and machinery or materials not locally available, but responsibility for release of foreign exchange shall not rest with this Department. The Department will not, however, be responsible for the non-availability of the facilities or delay on this behalf and no claims either in shape of cost or time on account of such failures or delays shall lie against the Department. 33

8. If the contractor removes any materials or stock supplied by the department from the site of work with a view to dispose of the same dishonestly, he shall in addition to pay other liabilities civil or criminal arising out of the contract be liable or pay penalty equivalent to five times the price of the said materials or stock according to the stipulated rates and the penalty so imposed recovered from any sum that or at any time there after be due to the contractor or his security deposit. 9. MATERIALS: The materials shall conform to the I.S. specification for the relevant items. The stone to be used on the work under these specifications for obtaining coarse aggregates etc. shall be, unless otherwise specified as only granite of sound, hard, durable and tough quality conforming to the test requirement and approved by the Engineer-in-charge. Stone chips or stone metal for prestressed concrete, wearing coarse asphalt concrete R.C.C. and mass concrete should be collected from approved quarries. In either case the stone chips or metal or boulders shall be subject to the following tests and requirements and subject to the approval of the Engineer-in-charge. The stone shall be firm or medium grained hard black in colour breaking with a clean fracture and such as to make a ringing sound when struck with a hammer. The stone to be used shall be free from decay and holes, flaws, crack and other defects and must as far as possible be of uniform colour and texture. Porous stones having any skin or earth colour shall not be used. The quarries from which the stones are to be obtained shall satisfy the quality norms prescribed under respective clause and be got approved by the Engineer-in-charge.

POFORMA- A ------Declaration by the tenderer regarding works completed during last 3 years and works in progress (to be submitted in cover-I of tender) AS PER CLAUSE 46 (a) OF SECTION -1

If the work Stipulated Actual date Sl Agt. Name of Date in progress Name of the work date of of No. Value Division of start % of work completion completion done. 1 2 3 4 5 6 7 8

Signature of the tenderer

PROFORMA 'B' STATEMENT REGARDING PARTICULARS OF WORK EXECUTED TO BE FILLED UP BY THE TENDERER AS PER CLAUSE 46(b) OF SECTION-1

(INSTRUCTION TO TENDERERS)

The Tenderer is required to furnish report in the following proforma duly certified by Executive Engineer under whom he has executed works in order to judge his past performance. This certificate is to be furnished separately for each Division.

PERFORMANCE RECORD OF CONTRACTOR:

1 Name of the Contractor 2 Registration No. & Date 3 Class of Contractor 4 Licensing Authority 5 License valid up to 6 Details of work executed.

Sl. Job under Agreement Date of Stipulated Whether work is/was Reasons for No. execution Amount commencement date of progressing as per work delay, if any completion programme 1 2 3 4 5 6 7

7 Whether the contractor has requisite machineries and personnel deployed (details of machinery & personnel deployed) 8 Whether the quality of construction is satisfactory 9 Whether he has capability to make good the loss of time 10 Whether the contractor has abandoned any work in the past three years, if yes, the details thereof. 11 Whether the contractor has entered any litigation in the past, if yes, the details thereof.

Signature of certifying officer Signature of the contractor with official seal

PROFORMA- C ------

CERTIFICATE TO BE ISSUED BY THE EXECUTIVE ENGINEER UNDER WHOM THE MACHINIES/ EQUIPMENTS ARE DELPLOYED

AS PER CLAUSE 46 (c) OF SECTION 1

(Not issued prior to 90 days of receipt of tender)

Since When it is Identification Name of the Condition when likely to be Sl. No./ Year of machineries/ Capacity (working/ deployed released No Ongoing/ purchase equipments breakdown) under from current chasis No. him. assignment 1 2 3 4 5 6 7

Certified that,

1. I have verified the ownership documents with the identification no. of the Machineries/ equipments.

2. Machines are currently utilized exclusively for the work under the Division.

3. The facts provided are true as on the date of issue of this document to the best of my knowledge.

EXECUTIVE ENGINEER.

SECTION-08

TECHNICAL SPECIFICATION

PROVISIONS CONTAINED IN RELEVANT SECTIONS AND CLAUSES OF SPECIFICATIONS FOR ROAD & BRIDGE WORKS OF ORISSA STATE SCHEDULE SHALL BE FOLLOWED

APPROVED

Sd/- R.P Swain. Executive Engineer NH Division, Sunabeda.

Government of Orissa Works Department, *** Office Memorandum

File No. FA-R-3/08/1027/W/Dated.24-01-09

Sub: Guidelines / Procedure to be followed in introduction of e-Procurement in Government of Orissa,

1. This office memorandum consists of the procedural requirement of e-procurement and shall be made part of the Detailed Tender Call Notice or Instruction to Bidder for all "works" tenders hosted in the portal.

2. The e-Procurement portal of the Government of Orissa is "https//tendersorissa.gov.in",

3. Use of valid Digital Signature Certificate of appropriate class(Class II or Class II!) issued from a registered Certifying Authority(CA) as stipulated by Controller of Certifying Authorities (CCA), Government of India such as n-Code, Sify, TCS, MTNL, e-Mudhra etc is mandatory for a!! users.

4. The DSC issued to the Department users is valid for the period of two years only. All the Department users are responsible to revalidate their DSC prior to expiry.

5. For all purpose the server time displayed in the e-'procurement portal shall be the time to be followed, by all the users,

6. Government after careful consideration has decided to host all tenders costing 20 lakhs or above in the e-procurement portal. This will be applicable across all Engineering Departments such as Works Department, Department of Water Resources, Rural Development and Housing & urban Development Department Government of Orissa also welcomes hosting of tenders by any other departments, authority, corporations, local bodies etc of the State with prior approval from Information Technology Department.

7. The e-procurement shall be operated compliant to relevant provisions of QGFR/OPWO code/ Accounts code/ Government statutes including any amendments brought from time to time to suit to the requirement of the best national practice.

8. Registration in the e-procurement portal is without levy of any charges but Government receives the right to levy any charges for such value added services in future.

9. Contractors not registered with Government of Orissa, can participate in the e-procurement after necessary enrollment in the portal but have to subsequently register themselves with the appropriate registering authority of the State Government before award of the work as per prevalent registration norms of the State.

10. For the role management "Department." is the Administrative Department, Organization or wing is the Chief 38

Engineer or highest tender accepting authority or equivalent officer under the Administrative Department, Circle is the Superintending Engineer or equivalent officer, Division is the Executive Engineer or equivalent Officer and Subdivision is the Assistant Engineer or equivalent officer.

11. The e-procurement software assigns role for operation of the module for specific function. The terminologies used in the Portal and their respective functions in the software are as follows. a. Application Administrator: (NIC and State Procurement Cell} i. Master Management ii. Nodal officer Creation iii. Report Generation iv. Transfer and blocking of Officers b. Nodal Officer (At organization Level not below the Superintending Engineer or equivalent rank) i. Creation of Users ii. Role Assignment iii. Transfers and blocking of Officers c. Procurement Officer- Publisher (Officer having Tender inviting power at any level) i. Publishing of Tender ii. Publishing of Corrigendum/addendum/cancellation of Tender iii. Bid Clarification iv. Uploading of Pre-Bid Minutes v. Report generation d. Procurement Officer- Administrator: (generally Sub-ordinate officer to Officer Inviting the Tender) i. Creation of Tender ii. Creation of corrigendum/addendum/cancellation of Tender iii. Report generation

e. Procurement Officer- Opener (generally Sub-ordinate officer to Officer Inviting the Tender) i. Opening of Bid f. Procurement Officer- Evaluator ( generally Sub-ordinate officer to Officer Inviting the Tender) i. Evaluating Bid g. Procurement Officer- Auditor (Procurement Officer- Publisher and/or Accounts Officer/ Finance Officer) i. To take up auditing

12. NOTICE INVITING BIDS (NIB) OR INVITATION FOR BID (IFB);

a. The Notice inviting Bids (NIB) and Bid documents etc., shall be in the Standard formats as applicable to conventional Bids and will be finalized / approved by the officers competent as in the case of conventional Bids.

b. The officers competent to publish NIB in case of conventional Bids wilt host the NIB in the portal. Simultaneously, a notification should also be published in the newspapers, as per existing rules preferably, in the following format, to effect economy:-

Government of Orissa "e" procurement Notice Bid Identification No,: ______1. Name of the work:______. 2. Estimated cost: Rs______3. Period of completion:______4. Date & Time of availability of bid document in the portal:______5. Last date / Time for receipt of bids in the portal;______6. Name and address of the Officer Inviting Bid: ______Further details can be seen from the e-procurement portal "https://tendersorissa.gov.in"

c. All the volumes/documents shall be uploaded in the portal by the Procurement Officer Administrator and published by Procurement Officer Publisher (Officer Inviting tender) using their DSCs in appropriate format so that the document is not tampered with.

d. The tender documents published by the Tender Inviting Officer (Procurement Officer Publisher) in the website 'https://tendersorissa.gov.in” will appear in the "Latest Active Tenders". The Bidders/ Guest Users can download the Bid documents only after the due date & time of sale. The publication of the tender will be for specific period of time till the last date of submission of bids as mentioned in the 'Notice Inviting Bid' after which the same will be removed from the list of Latest Active tenders

13. ISSUE OF ADDENDA/CORRIGENDA/CANCELLATION NOTICE a. The Procurement Officer Publisher (Officer inviting tender) shall publish any addendum / corrigendum / cancellation of tender in the website"https://tendersorissa.gov.in", notice board and through paper publication and such notice shall form part of the bidding documents. b. The System shall generate a mail to those bidders who have already uploaded their tenders and those bidders if they wish, can modify their tender.

14. PARTICIPATION IN BID a) PORTAL REGISTRATION: The Contractor/Bidder intending to participate in the bid is

required to register in the Portal using his/her active personal/official e-mail ID as his/her Login ID and attach his/her valid Digital signature certificate (DSC) to his/her unique Login ID, He/She will enter relevant information as asked for about the firm/Contractor. This is a onetime activity for registering in Portal. i. Bidders participating through Joint Venture shall declare the authorised signatory through Memorandum of Understanding duly registered and enroll in the portal in the name and style of the Joint venture Company. It is mandatory that the DSC issued in the name of the authorised signatory is used in the portal. ii. Any third party/company/person under a service contract for operation of e-procurement system in the State or his/their subsidiaries or their parent companies shall be ineligible to participate in the procurement processes that are undertaken through the e-procurement system irrespective of who operates the system. b) LOGGING TO THE PORTAL; The Contractor/Bidder is required to type his/her Login ID and password. The system will again ask to select the DSC and confirm it with the password of DSC as a second stage authentication. For each login, a user's DSC will be validated against its date of validity and also against the Certificate Revocation List (CRL) of respective CA stored in system database The system checks the unique Login !D, password. & DSC combination and authenticates the login process for use of portal. c) DOWNLOADING OF BID: The bidder can download the tender of his choice and save it in his system to undertake necessary preparatory work off-line and upload the completed lender at his convenience before closing date and time of submission. d) CLARIFICATION ON BID: The bidder may ask question online in the e-procurement portal using his/her DSC; provided the questions are raised within the period, of seeking clarification as mentioned in tender call notice/Bid. The Officer inviting the bid / Procurement Officer-Publisher will clarify queries related to the tender, e) PREPARATION OF BID: i. The bids may consist of general arrangements drawings or typical or any other drawings relevant to the work for which bid has been invited. Bidder may down load these drawings and lake out the print for detail study and preparation of his bid. Any other drawings and documents pertaining to the works available with the Officer Inviting the Bid will be open for inspection by the bidders ii. The Bidder shall go through the Bid carefully and list the documents those are asked for submission. He shall prepare all documents including cost of Bid Document, Bid Security, Declaration form, price bid etc and store in the system.

41 f) PAYMENT OF EMD/BID SECURITY AND COST OF BID DOCUMENTS: I. The Bidder shall furnish, as part of his Bid, a Bid security for the amount mentioned under N!T/Contract Data, The bidder shall scan all the written /printed pages of the bid security and up load the same in portable document format (PDP) to the system in designated place of the technical BID. Furnishing scanned copy of such documents is mandatory otherwise his/her bid shall be declared as non-responsive and liable for rejection. ii. The EMD or Bid Security payable along with the bid is 1% of the estimated contract value (ECV) or as mentioned in the bid document. The validity period of the EMD or Bid Security shall be as mentioned in the bid document. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in the bid document shall be rejected as non-responsive. The bid security shall be retained till such time the successful bidder furnishes Initial Security Deposit (ISO) or Performance security acceptable to the Officer inviting the Bid, Failure of the successful Bidder to comply with the requirements shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security The Bid security in the form of f-'O / BG shall be from a Nationalized Bank valid for a period of 45 days beyond the validity of the bid. Bid security in other form is acceptable if the bid documents provides for it. iii. The Fixed Deposit / bank Guarantee or any other form as mentioned in detailed fender call notice in respect of Earnest Money Deposit / Bid Security and the Bank Draft in respect of cost of Bid are to be scanned and up loaded in portable document format (PDF) along with the bid, iv. The bidder shall provide the cost of bid and the Bid security in a sealed cover superscripting the name of the work for which the instruments are intended and the Officer inviting the Bid. He/she is not required to write his/her name on the cover. The original FD/BG/BD shall be physically produced before the Officer Inviting the Bid or the concerned Division/ Circle/ Chief Engineer before the specified period mentioned in the bid; which in no case shall be less than three days excluding the last date of submission and opening of bids (Technical cover opening in case of Double Cover System). The bidder is also allowed to submit the original FD/BG/BD by Registered post/ Speed post or any other delivery system before the last date & time of opening of tender. v. The Officers authorized by the^ Procurement Officer-Publisher (Officer Inviting Tender) shall transmit the sealed envelopes carefully to the Procurement Officer-Publisher prior to opening of the Bid. The Procurement Officer-Publisher shall provide signed receipt with date and time for having received the number of sealed envelopes. vi. The Procurement Officer-Publisher (Officer inviting the Tender) or other concerned officers authorized to receive the original Bid security and Bid cost on behalf of the Procurement Officer-Publisher shall not be responsible for any postal delay and/or non-receipt of the original copy of the bid security oh or before specified date and time. Non-submission of bid security within the designated period shall debar the bidder from participating in the on-line bidding system and his portal registration shall be blocked. His name shall also be informed to the registering authority for cancellation of his registration as Contractor. vii. Contractor exempted from payment of EMD will be able to participate in the tender directly by uploading documentary evidences towards his eligibility for such exemption. 42

viii. Government of Orissa has been actively considering integrating e-payment gateway in to the portal for payment of Cost of Bid end Bid Security/ Earnest Money Deposit. The process of using e-payment gateway shall be issued separately after it is established.

15. SUBMISSION OF BID:

a. The bidder shall carefully go through the tender and prepare the required documents. The Bid shall have a Technical Bid & a Financial Bid. The Technical Bid generally

consists of cost of Bid documents, EMD / Bid Security. VAT; PAN/TIN, Registration Certificate, Affidavits, Profit Loss statement, Joint venture agreement. List of similar nature works, work in hand, list of machineries, and any other information required by OIT. The Financial Bid shall consist of the Bill of Quantities (BOQ) and any other price related information/undertaking including rebates. b. The Protected Bill of Quantities (BOQ) uploaded by the Procurement Officer-Publisher for the Bid is the authentic BOQ, Any alteration or deletion or manipulation in BOQ shall lead to cancellation of Bid. c. The Bidder shall up load the scanned copy/copies of document in support of eligibility criteria and qualification information in prescribed format in Portable Document Format (PDF) to the portal in the designated locations of Technical Bid.

d. The bidder shall write his name in the space provided in the specified location in the Protected Bill of Quantities (BOQ) published by the Officer Inviting Tender. The bidder shall type rates in figure only in the rate column of respective item(s) with out leaving any blank cell in the rate column in case of item rate tender and type percentage excess or less up to one decimal place only in case of percentage rate tender.

e. The bidder shall log on to the portal with his/her DSC and move to the desired tender for uploading the documents in appropriate place one by one simultaneously checking the documents.

i. Bids cannot be submitted after due date and time. The bids once submitted cannot be viewed, retrieved or corrected. The Bidder should ensure correctness of the bid prior to uploading and take print out of the system generated summary of submission to confirm successful uploading of bid. The bids can not be opened even by the OIT or the Procurement Officer- Publisher/opener before the due date and time of opening. ii. Each process in the e-procurement is time stamped and the system can detect the lime of log in of each user including the Bidder. iii. The Bidder should ensure clarity/legibility of the document uploaded by him to the portal iv. The system shall require all the mandatory forms and fields filled up by the contractor during the process of submission of the bid/tender. v. The bidder should check the system generated confirmation statement on the status of the submission. vi. The Bidder should upload sufficiently ahead of the bid closure time to avoid traffic rush and failure in the network. vii. The Tender inviting Officer is not responsible for any failure, malfunction, or breakdown

of the electronic system used during the e-procurement process. viii. The Bidder is required to up load documents related to his eligibility criteria and qualification information and Bill of Quantities duly filled in. it is not necessary for the part of the Bidder to up-load the drawings and other Bid documents (after signing) while up-loading his bid. It is assumed that the bidder has referred all the drawings and documents uploaded by the Officer Inviting the Bid. ix. Seeking any revision of rates or backing out of the bid claiming for not having referred to any or all documents provided in the Bid by the Officer Inviting the Bid will be construed as plea to disrupt the bidding process and in such cases the bid security shall be forfeited. x. The bidder will not be able to submit his bid after expiry of the date and time of submission of Bid (server time). The date & time of bid submission shall remain unaltered even if the specified date for the submission of bids declared as a holiday for the Officer inviting the Bid.

f. SIGNING OF BID: The 'online bidder' shall digitall y sign on all statements, documents, certificates, uploaded by him, owning responsibility for their correctness/ authenticity as per IT ACT 2000. If any of the information furnished by the bidder is found to be false I fabricated / bogus, his HMD / Bid security shall stand forfeited and the bidder is liable to be blacklisted.

16. SECURITY OF BID SUBMISSION: a. All bid uploaded by the Bidder to the portal will be encrypted. b. The encrypted Bid can only be decrypted/opened by the authorized openers on or after the due date and time.

17. RESUBMISSION AND WITHDRAWAL OF BIDS ; a. Resubmission of bid by the bidders for any number of times before the final date and lime of submission is allowed. b. Resubmission of bid shall require uploading of all documents including price bid afresh, c. If the bidder fails to submit his modified bid9s) within the pre-defined time of receipt, the system shall consider only the last bid submitted. d. The bidder should avoid submission of bid at the last moment to avoid system failure or malfunction of internet or traffic jam or power failure etc. e. The Bidder can withdraw his bid before the closure date and time of receipt of the bid by uploading scanned copy of a fetter addressing to the Procurement Officer- Publisher (Officer Inviting Tender) citing reasons for withdrawal. The system shall not allow any withdrawal after expiry of the closure time of the bid.

18. OPENING OF THE BID: a. Bid opening date and time is specified during tender creation or can be extended through corrigendum. Bids cannot be opened before the specified date & time. b. Ail bid openers have to log on to the portal to decrypt the bid submitted by the bidders.

c. The bidders & guest users can view the summary of opening of bids from any system. Contractors are not required to be present during the bid opening at the opening location if they so desire. d. In the event of the specified date of bid opening being declared a holiday for the Officer inviting the Bid, the bids will be opened at the appointed time on the next working day. e. In case bids are invited for more than one package, the order for opening of the "Bid" shall be that in which they appear in the "invitation for Bid". f. During bid opening, the covers containing original financial instruments towards Cost of bid and Bid Security in the form specified in the DTCN/ITB valid for the period stated in the Bid, received after last date of receipt of bid and before opening of the bids shall be opened and declared. The Procurement Officer-Opener shall continue opening of other documents if he is satisfied about the appropriateness of the cost of Bid and the Bid security. g. Combined bid security for more than one work is not acceptable. h. The electronically submitted bids may be permitted to be opened by the predefined Bid opening officer from their new location if they are transferred after the issue of Notice Inviting Bid and before bid opening. Further action on bid documents shall be taken by the new incumbent of the post.

19. EVALUATION OF BIDS: a. All the opened bids shall be down loaded and printed for taking up evaluation. I he Procurement Officer-Openers shall sign on each page of the documents downloaded and furnish a certificate that the documents as available in the portal for the tender have been down loaded. b. The Procurement Officer-Evaluators shell take up evaluation of bids with respect to the qualification Information and other information furnished subject to confirmation of the bid security by the issuing institutions. c. After receipt of confirmation of the bid security, the bidder may be asked in writing to clarify on (he documents provided in the Technical Bid, if necessary, with respect to any doubts or illegible documents The Officer Inviting Tender may ask for any other document of historical nature during Technical evaluation of the tender. Provided in all such cases, furnishing of any document in no way alters the Bidder's price bid. Non- submission of legible documents may render the bid non-responsive. d. The bidders will respond in not more than 7 days of issue of the clarification fetter, failing which the bid of the bidder will be evaluated on its own merit.

e. Technical evaluation of all bids shall be earned out as per information furnished by Bidders. But evaluation of bids does not exonerate bidders from checking their original documents at later date, if the bidder is found to have misled the evaluation through wrong information, action as per relevant clause of DTCN/ITB shall be taken against the bidder/contractor. f. The procurement Officer- Evaluators will evaluate bids and finalize list of responsive bidders, g. The financial bids of the technically responsive bidders shall be opened on (he due date of opening. The Procurement Officer- Openers shall log on to the system in sequence and open the financial bids. i. The Financial Bid will be opened on the notified date & time in the presence of bidders or their authorized representative who wish to be present. ii. At the time of opening of "Financial Bid, bidders whose technical bids were found responsive will be opened. iii. The responsive bidders' name, bid prices, item wise rates, total amount of each item in case of item rate tender and percentage above or less in case of percentage rate tenders will be announced . iv. Procurement Officer-Openers shall sign on each page of the downloaded BOQ and the Comparative Statement and furnish a certificate to that respect. v. Bidder can witness principal activities and view the documents/summary reports for that particular work by longing on to the portal with his DSC from any where.

20. NEGOTIATION OF BIDS: a. For examination, evaluation, and comparison of bids, the officer inviting the bid may, at his discretion, ask the lowest bidder for clarification of his rates including reduction of rate on negotiation and breakdown of unit rates.

21. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT: a. The Employer/Engineer-in-Charge shall notify acceptance of the work prior to expiry of the validity period by cable, telex or facsimile or e-mail confirmed by registered letter. This Letter of Acceptance will state the sum that the Engineer-in-Charge will pay the contractor in consideration of the execution & completion of the Works by the contractor as prescribed by the contract & the amount of Performance Security and additional Performance security required to be furnished. The issue of the letter of acceptance shall be treated as closure of the Bid process and commencement of the contract.

b. The Contractor after furnishing the required acceptable performance security & additional performance security, "Letter to Proceed" or "Work Order1 shall be issued by the Engineer-in-Charge with copy thereof to the Procurement Officer-Publisher. The Procurement Officer-Publisher shall up load the summary and declare the process as complete.

Sd/- R.P Swain. Executive Engineer NH Division, Sunabeda